The URL can be used to link to this page

Home My WebLink About1995.0615.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 15, 1995 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 P.M., Thursday,June 15, 1995,in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building C,Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Pastor Joel Bjerkestrand, Shepherd of the Hills Lutheran Church,roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Frank Clark,and Councilmembers Don Lawrence,Peg Tibbetts, Wally Hudson, Bill O'Brien and Marianne Wiggishoff. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson, Town Engineer Randy Harrel and Planners Geir Sverdrup and Jeff Valder. Mayor Cutillo read the Consent Agenda which consisted of the following agenda items: AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF JUNE 1ST, 1995. AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1995-32, EA 95-16, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN: THAT CERTAIN TEN (10) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE EASTERLY AND NORTHERLY SIDES OF LOT 16,BLOCK 7,PLAT 206,AKA 16438 E.MONACO DRIVE, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 147 OF MAPS, PAGE 2, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#4-CONSIDERATION OF RESOLUTION 1995-33,ABANDONING WHATEVER RIGHT,. TITLE OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC RIGHTS-OF-WAY DESCRIBED IN EXHIBIT "A",LOCATED IN AND/OR ADJACENT TO FOUNTAIN HILLS ARIZONA FINAL PLAT NUMBER 605-C TO THE BENEFICIAL OWNER OF RECORD OF THE ADJACENT LAND AT THE TIME OF DEDICATION, CASE NUMBER ROW95-04. AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1995-34,AMENDING AND RESTATING THE ADOPTION AGREEMENT FOR THE TOWN OF FOUNTAIN HILLS MONEY PURCHASE PENSION PLAN; AND DECLARING AN EMERGENCY. AGENDA ITEM#6-CONSIDERATION OF RESOLUTION 1995-35,AMENDING AND RESTATING THE ADOPTION AGREEMENT FOR THE TOWN OF FOUNTAIN HILLS MANAGEMENT PLAN; AND DECLARING AN EMERGENCY. AGENDA ITEM#7 - CONSIDERATION OF THE FINAL PLAT FOR THE PLAT 701-A SUBDIVISION, AN 8.70-ACRE, 9-LOT SUBDIVISION, LOCATED ON THE SOUTHWESTERN SIDE OF BUFFALO DRIVE, WEST OF FOUNTAIN HILLS BOULEVARD, CASE NUMBER S94-114. AGENDA ITEM #8 - CONSIDERATION OF THE FINAL PLAT FOR THE STONERIDGE SOUTH II SUBDIVISION, A 35.1598 ACRE, 6-LOT SUBDIVISION, LOCATED NORTH OF PALOMINO DRIVE,. SOUTH OF SUNBURST DRIVE, EAST OF WINCHESTER DRIVE AND WEST OF OCOTILLO DRIVE, CASE NUMBER S95-034. Minutes of the Regular Session of the Town Council 06/15/95 Page 1 of 6 AGENDA ITEM #9 - CONSIDERATION OF AWARDING THE BID FOR THE EMULSION SEAL CONTRACT. AGENDA ITEM#10-CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY MR.DANIEL LEVATO FOR DANIEL'S PLACE LOCATED AT 16726 EL PUEBLO BOULEVARD. THE APPLICATION IS FOR A CLASS 12 RESTAURANT LIQUOR LICENSE FOR WHICH LIQUOR SALES ARE INCIDENTAL TO THE FOOD SERVICE. Vice Mayor Clark MOVED to approve the Consent Agenda as read. Councilman Lawrence SECONDED the motion. A roll call vote was taken with the following results: Councilman Lawrence Aye Councilman O'Brien Aye Councilwoman Tibbetts Aye Councilman Hudson Aye Vice Mayor Clark Aye Mayor Cutillo Aye Councilwoman Wiggishoff Aye The motion CARRIED unanimously. AGENDA ITEM#11 -CONSIDERATION OF CHANGING THE JULY 6TH REGULARLY SCHEDULED MEETING DATE TO WEDNESDAY, JULY 5, 1995 AT 6:30 P.M. AND CANCELLING THE SECOND MEETING IN JULY. Mayor Cutillo MOVED to change the next regularly scheduled Council meeting date from July 6, 1995 to July 5, 1995 starting at 7:00 P.M. and to cancel the second Council meeting in July. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM#12-UPDATE BY TOWN ATTORNEY BILL FARRELL ON PROPOSED ORDINANCE 95-25, ADOPTING A MANDATORY SPRINKLER ORDINANCE FOR NEW DEVELOPMENT IN THE TOWN OF FOUNTAIN HILLS. Town Attorney Farrell reported to the Council that conferences with the Fire District and the Town Engineer had resulted in the formation of a proposed fire sprinkler zone which indicated undeveloped areas subject to mandatory fire sprinkler installation in single and multi-family dwellings. He explained that topography of the land,including steeper slopes in the western portion of the Town,had determined the boundaries of the sprinkler zone. He advised the Council to adopt comparable language to the Scottsdale City Code provisions regarding mandatory fine sprinklers in order to maintain consistency in requirements between the two communities and to include a specific effective date for implementation of the ordinance. Gated communities outside of the sprinkler zone as well as all undeveloped commercially-zoned properties could be included in this ordinance if the Council desired. Councilwoman Wiggishoff and Vice Mayor Clark mentioned other areas to be considered including Stoneridge West subdivision, all of Golden Eagle Boulevard as a boundary line for the zone, undeveloped residential land south of Shea Boulevard and the commercially zoned area in Section 15 as well as other undeveloped commercial properties. Minutes of the Regular Session of the Town Council 06/15/95 Page 2 of 6 Attorney Farrell suggested the wording for the ordinance include all new commercial building permits and commercial remodeling permits if more than 50% of the square footage was being improved. This would apply to coo all commercial properties throughout the Town. Councilwoman Tibbetts asked if the schools had fire sprinklers. Tim Yoder, a member of the Fire District Board, answered that even though the State law did not require the school to be sprinkled,all three schools in Fountain Hills were equipped with fire sprinklers. Councilwoman Wiggishoff stated she would prefer mandating sprinklers in all new construction throughout the Town as part of the Building Code. Mayor Cutillo stated he supported the proposed sprinkler zone but did not support mandating the entire community. He questioned whether commercial properties needed to be mandated because of a low experience rate in commercial disasters. Tim Yoder said the Fire District had never suggested to the Council to mandate sprinklers for the entire Town but had approved of the proposed sprinkler zone,all commercial areas and gated communities throughout the Town. Councilman Lawrence indicated he opposed mandatory fire sprinklers for single family residences. He stated town government should not interfere with an individual's decision regarding fire sprinklers when building his/her private residence. He further stated that he favored sprinkler requirements for commercial and multi-family units throughout the community. Tim Terrill, Vice President of MCO Properties, said he approved of the proposed sprinkler zone but was more concerned with proper notice to future buyers of property in the sprinkler zone. Councilman Hudson supported the proposed sprinkler zone and said that new commercial and multiple family zones throughout the Town should also be included in the ordinance. It was the consensus of the Council to approve mandating fire sprinklers for all construction in the proposed sprinkler zone, all new commercial construction throughout the Town, and multi-family dwellings and gated subdivisions throughout the community. Attorney Farrell was directed to present an ordinance to the Council for consideration at the July 5th meeting. AGENDA ITEM #13 - CONSIDERATION OF THE DEVELOPMENT AGREEMENT WITH MCO PROPERTIES FOR PORTIONS OF FOUNTAIN HILLS BOULEVARD. Town Manager Paul Nordin pointed out the area of Fountain Hills Boulevard which would be reconstructed as a result of the Development Agreement with MCO Properties. This area fronts Paradise Ridge and Crystal Ridge subdivisions and would extend from Crystal Ridge Drive to El Lago Boulevard. Mr. Nordin said the negotiated Development Agreement would define the obligations of the Town and the developer, MCO, concerning cost allocations. Town Engineer Randy Harrel stated the project would start immediately with utility relocations and underground storm sewer work. Councilman Lawrence MOVED to approve the Development Agreement with MCO Properties for the portion of Fountain Hills Boulevard as presented. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 06/15/95 Lor Page 3 of 6 AGENDA ITEM#14-PUBLIC HEARING ON ORDINANCE 95-21,REZONING 31.49 ACRES FROM R1- 10,R1-43 AND R1-35 TO R1-10,R1-18,AND R1-35 PUD AND 17.85 ACRES FROM R1-10,R1-35,AND R1- 43 TO OSR, LOCATED SOUTH OF GOLDEN EAGLE BOULEVARD AND WEST OF SUN RIDGE DRIVE, CASE NUMBER Z95-09. Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 7:35 P.M. Tim Terrill, Vice President of MCO Properties, was present to answer questions. Mr. Nouri requested information about the proposed rezoning. Planner Geir Sverdrup stated the rezoning of this property was within the General Plan land use designation, was approved by the Planning &Zoning Commission and was appropriate in density factors. No one came forward from the public to speak for or against the rezoning. Mayor Cutillo closed the public hearing at 7:40 P.M. and reconvened the Regular Session of the Town Council. AGENDA ITEM#15-CONSIDERATION OF ORDINANCE 95-21,REZONING 31.49 ACRES FROM R1.10, R1-43 AND R1-35 TO R1-10,R1-18,AND R1-35 PUD AND 17.85 ACRES FROM R1-10,R1-35,AND R1-43 TO OSR,LOCATED SOUTH OF GOLDEN EAGLE BOULEVARD AND WEST OF SUN RIDGE DRIVE, CASE NUMBER Z95-09. Mayor Cutillo MOVED to approve Ordinance 95-21 as presented. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. (ihr AGENDA ITEM#16 - PUBLIC HEARING ON ORDINANCE 95-26,AMENDING CHAPTER 11 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY CREATING THREE NEW MULTI- FAMILY ZONING DISTRICTS,THE M-1, M-2 AND M-3 ZONING DISTRICTS. Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 7:43 P.M. Planner Jeff Valder referred to the staff report which contained a table that included setbacks, density and other zoning restrictions for the proposed"M" zones. He stated the new multi-family zones would be consistent with the General Plan. No one came forward from the public to speak for or against the zoning districts as proposed. Mayor Cutillo closed the public hearing at 7:45 P.M. and reconvened the Regular Session of the Town Council. AGENDA ITEM#17 - CONSIDERATION OF ORDINANCE 95-26, AMENDING CHAPTER 11 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY CREATING THREE NEW MULTI- FAMILY ZONING DISTRICTS, THE M-1, M-2 AND M-3 ZONING DISTRICTS. Mayor Cutillo expressed his concern that the three new multi-family zoning districts could prohibit construction of apartments because the number of units per acre was too restrictive. He said alternative language should be written to conform to the General Plan land use designation. He used the development of the future downtown area in Plat Minutes of the Regular Session of the Town Council 06/15/95 Low Page 4 of 6 208 as an example of an area that might be affected. Tim Terrill,MCO Properties,stated his experience in construction of apartments deemed it economically unfeasible to build apartments with a density ratio of less than 18 units per acre. Vice Mayor Clark questioned the purpose of the creation of multi-family zoned districts. Mr. Jeppson replied that the "M" zones would allow developers a choice in multi-family districts and allow them to conform to the General Plan. Councilman Hudson MOVED to approve Ordinance 95-26 as presented. Councilman O'Brien SECONDED the motion which CARRIED with a 6-1 vote. Mayor Cutillo voted nay. AGENDA ITEM #18 - CONSIDERATION OF COUNCIL INITIATION OF AN AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CLARIFYING THE CUT AND FILL LIMITATION SECTIONS TO SPECIFICALLY INCLUDE ALL COMMERCIAL PROPERTIES. Town Manager Nordin explained that the zoning ordinance did not specifically state commercial properties were included under the cut and fill limitations and that an amendment could be adopted for clarification purposes. Mr.Jeppson referred to an additional amendment concerning the grading of public roads or private roads that meet public road standards and explained they would be excluded from the cut and fill limitations. Councilwoman Wiggishoff MOVED to recommend an amendment to the Zoning Ordinance to clarify and revise Section 5.11, Land Disturbance Standards, and that this recommendation be forwarded to the Planning & Zoning Commission for consideration. Vice Mayor Clark SECONDED the motion which CARRIED unanimously. Lir AGENDA ITEM#19- CALL TO THE PUBLIC.(PUBLIC COMMENT IS ENCOURAGED BUT PLEASE BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE ARIZONA OPEN MEETING LAW.) No one from the public came forward. AGENDA ITEM#20-PURSUANT TO A.R.S.38-431.03.A.4.,VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION. Councilman Lawrence MOVED to go into Executive Session. Councilman O'Brien SECONDED the motion which CARRIED unanimously. Mayor Cutillo recessed the Regular Session at 8:35 P.M. AGENDA ITEM#21 - RETURN TO REGULAR SESSION. Mayor Cutillo reconvened the Regular Session of the Town Council at 9:28 P.M. Minutes of the Regular Session of the Town Council 06/15/95 ,,,, Page 5 of 6 AGENDA ITEM#22 - ADJOURNMENT. Councilman O'Brien MOVED to adjourn the meeting. Councilman Lawrence SECONDED the motion which CARRIED unanimously. The meeting adjourned at 9:28 P.M. TOWN OF FOUNTAIN HILLS By: John M. Cutillo, Mayor 41.A4.44"-i ATTEST: C .� Cassie B. Hansen, Town Clerk PREPARED Linda D. Lemmen, Administrative Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting held by the Town Council of Fountain Hills on the 15th day of June, 1995. I further certify that the meeting was duly called and that a quorum was present. DATED this 5th day of July, 1995. 4.44.4.4,) Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 06/15/95 Page 6 of 6