HomeMy WebLinkAbout1996.1121.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
�r NOVEMBER 21, 1996
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30
P.M., Thursday, November 21, 1996, in the Fountain Hills Town Hall Council Chambers, located at 16836 E.
Palisades Blvd., Building B, Fountain Hills, Arizona.
ROLL CALL - Following the pledge to the flag led by Girl Scout Troop#1635 and Boy Scouts Brad Travis and
Jeffrey Higgins from Troop #343 and the invocation given by Vice Mayor Lawrence, roll call was taken. Present
for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor
Lawrence and Councilmembers Bill O'Brien, Marianne Wiggishoff, Sid Apps, Al Poma and Penfield Mower. Also
present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of
Community Development Gary Jeppson and Town Engineer Randy Harrel.
Mayor Miles said the approval of the November 7th minutes (Agenda Item #2) would be taken off the agenda to
allow for corrections. He then read the remainder of the Consent Agenda which consisted of the following agenda
items:
AGENDA ITEM # 3 - CONSIDERATION OF RESOLUTION 1996-80, ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE 40' SERVICE ROAD ALONG SAGUARO
BLVD. ADJACENT TO THE FIRST BAPTIST CHURCH, WITH STIPULATIONS. (FIRST BAPTIST
CHURCH - ROW 96-07)
AGENDA ITEM#4-CONSIDERATION OF RESOLUTION 1996-81,ABANDONING WHATEVER RIGHT,
TITLE OR INTEREST THE TOWN HAS IN THE 30' DRAINAGE EASEMENT LOCATED AT THE
NORTHEAST STREET INTERSECTION OF SUNDOWN DRIVE AND DESERT CANYON DRIVE, IN
SUNRIDGE PARCEL D-SOUTH. (EA 96-48)
AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1996-82,ABANDONING WHATEVER RIGHT,
TITLE OR INTEREST THE TOWN HAS IN THE 10' DRAINAGE EASEMENT LOCATED AT AND
ENCOMPASSING A PORTION ALONG THE SOUTHERLY PROPERTY LINES OF LOT 5, 6 AND 7,
OPEN SPACE TRACT B AND ADJACENT TO THE NORTHERLY RIGHT-OF-WAY OF DESERT
CANYON DRIVE IN SUNRIDGE PARCEL D-SOUTH. (EA 96-49)
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1996-85, DECLARING, PURSUANT TO
ARIZONA REVISED STATUTES §9-801, THE 1994 EDITIONS AND SUPPLEMENTS, EXCEPT AS
SPECIFICALLY STATED, OF THE UNIFORM BUILDING CODE, UNIFORM FIRE CODE, UNIFORM
MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM SWIMMING POOL AND SPA HOT TUB
CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND THE 1993
EDITION AND SUPPLEMENTS OF THE NATIONAL ELECTRICAL CODE AS A PUBLIC RECORD,AND
THAT SUCH DOCUMENTS ARE FILED WITH THE TOWN CLERK.
AGENDA ITEM #7 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BILL
BEAMISH FOR THE ROTARY CLUB OF FOUNTAIN HILLS FOR A SOAP BOX DERBY RALLY TO
BE HELD ON SATURDAY, DECEMBER 7, 1996 FROM 7:00 A.M. TO 4:00 P.M. THE EVENT WILL
REQUIRE THE CLOSURE OF EL LAGO BOULEVARD BETWEEN SAGUARO BOULEVARD AND
Minutes of the Regular Session of the Town Council 11/21/96
Page 1 of 10
LAMONTANA BOULEVARD. ACCESS TO LOCAL RESIDENCES ON EL LAGO BOULEVARD WILL
BE MAINTAINED.
AGENDA ITEM #8 - CONSIDERATION OF THE EXTENSION OF PREMISE/PATIO PERMIT
SUBMITTED BY THE AMERICAN LEGION FOR THANKSGIVING DAY,THURSDAY,NOVEMBER 28,
1996. THIS REPLACES THE LEGION'S EARLIER REQUEST FOR A SPECIAL EVENT LIQUOR
LICENSE.
AGENDA ITEM #9 - CONSIDERATION OF CHANGING THE STREET NAME OF SUNSET VIEW AT
EAGLE MOUNTAIN, PARCEL 8.
AGENDA ITEM #10 - CONSIDERATION OF THE MANAGER'S 1996-97 PROPOSED PROGRAM OF
WORK.
Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Poma SECONDED the
motion. A roll call vote was taken with the following results:
Mayor Miles Aye
Vice Mayor Lawrence Aye
Councilman O'Brien Aye
Councilman Mower Aye
Councilman Apps Aye
Councilwoman Wiggishoff Aye
Councilman Poma Aye
The motion CARRIED.
Mayor Miles said Agenda Items #29 and #30 would be moved up on the agenda at this time.
AGENDA ITEM #29 - PUBLIC HEARING ON ORDINANCE 96-49, PROPOSED AMENDMENTS TO
CHAPTER 5 GENERAL PROVISIONS SECTION 5.07 B.,CHAPTER 9,SECTION 9.02.F.; CHAPTER 10,
SECTION 10.02.A.5.; CHAPTER 11, SECTION 11.02.A.5.; CHAPTER 12, SECTION 12.02.B.3.F., AND
CHAPTER 15,SECTION 15.02.E.OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS
TO PERMIT COMMERCIAL ANTENNAE UP TO 75 FEET IN HEIGHT BY SPECIAL USE PERMIT IN
THE C-3 ZONING DISTRICT.
AGENDA ITEM#30- CONSIDERATION OF ORDINANCE 96-49,AMENDING CHAPTER 5 GENERAL
PROVISIONS SECTION 5.07 B., CHAPTER 9, SECTION 9.02.F.; CHAPTER 10, SECTION 10.02.A.5.;
CHAPTER 11,SECTION 11.02.A.5.; CHAPTER 12,SECTION 12.02.B.3.F.,AND CHAPTER 15,SECTION
15.02.E. OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PERMIT
COMMERCIAL ANTENNAE UP TO 75 FEET IN HEIGHT BY SPECIAL USE PERMIT IN THE C-3
ZONING DISTRICT.
Mayor Miles stated that staff had requested Agenda Items #29 and #30 be postponed until the second meeting in
January. Vice Mayor Lawrence MOVED to postpone discussion of Ordinance 96-49 until the second meeting in
January, 1997. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #11 - MAGISTRATE REPORT BY JUDGE STUART SHOOB.
Loy Minutes of the Regular Session of the Town Council 11/21/96
Page 2 of 10
Judge Shoob said the monthly report for the court was average and that the court was receiving more criminal cases
which he said were very time consuming and resulted in more jury trials.
L
AGENDA ITEM #12 - CONSIDERATION OF APPOINTING A CITIZEN TO FILL THE VACANCY ON
THE BOARD OF ADJUSTMENT.
Councilman Mower MOVED to appoint E. K. "Bud" Ohsman to the Board of Adjustment. Councilwoman
Wiggishoff SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #13 - CONSIDERATION OF APPOINTING A NEW MEMBER TO THE MCDOWELL
MOUNTAIN PRESERVATION COMMISSION.
Councilwoman Wiggishoff MOVED to appoint John C. Wyman as a new member to the McDowell Mountain
Preservation Commission. Vice Mayor Lawrence SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #14 - STATUS REPORT BY THE TOWN MANAGER AND TOWN ATTORNEY
REGARDING THE WASH ACQUISITION PROJECT.
Town Manager Paul Nordin told the Council that 23 out of 150 legal descriptions had been received with the
remainder due by the end of November. Town Attorney Bill Farrell said he anticipated that the wash parcels would
be approved by resolution of the Council at their first meeting in December.
AGENDA ITEM #15 - CONSIDERATION OF APPROVING THE DEVELOPMENT, TRANSFER AND
EXCHANGE AGREEMENTS WITH MCO PROPERTIES,INC.FOR THE DOWNTOWN DEVELOPMENT
PROJECT. INCLUDED WILL BE DISCUSSION AND CONSIDERATION OF FINALIZING A SITE FOR
THE PROPOSED CIVIC CENTER PROJECT.
Mayor Miles reviewed the three proposed agreements which included land transfer arrangements for the location of
the Community Center, the assumption of ownership of Fountain Park starting January 1, 1997 with phased-in
maintenance cost provisions and the transfer from MCO Properties to the Town of 100 acres of mountain land for
preservation purposes in exchange for increased apartment density allowances. He stated the three agreements had
been negotiated as a single unit. Town Manager Nordin pointed out the two proposed locations for the civic center,
one being at the intersection of Avenue of the Fountains and La Montana Drive and the other at the southeast corner
of La Montana Drive and Avenue of the Fountains. Mayor Miles explained that only the site location was being
considered, not the design of the Community Center building. He said the previous Council had recommended the
location at the intersection of Avenue of the Fountains and La Montana Drive but since members of the public had
strongly objected to the location, the location was being reconsidered along with an alternate location.
Richard Tempelman,President of the Chamber of Commerce,said the Chamber favored the alternate location. Jerry
Kirkendoll, spoke on behalf of the property owners in Plat 208 who objected to the originally-approved location at
the intersection of the Avenue of the Fountains at La Montana Drive. He presented petitions signed in opposition
to the closing off of Avenue of the Fountains and asked the audience to indicate their preference. The audience
almost unanimously favored the alternate location. Bruce Hansen stated the placement of the Community Center
building at the intersection would not necessarily block off traffic and that all the experts involved in the planning
Minutes of the Regular Session of the Town Council 11/21/96
Page 3 of 10
stages of the civic center had agreed the original location was the best location. Dana Saar said the location of the
Civic Center was critical to the future development of the downtown area. John Penrod supported the alternate
111 location. Phyllis Kern suggested the decision be postponed for two weeks to allow Plat 208 property owners an
opportunity to speak before the Council.
Vice Mayor Lawrence pointed out that the signed petitions opposed to the closing off of the Avenue of the Fountains
and that the signers might have been misinformed because the Avenue actually would not be entirely closed off.
He said the direction of traffic could be diverted to allow traffic to proceed to La Montana. He said the intersection
location would allow the two front-door concept of the building which could encourage the public to congregate and
create an atmosphere to stimulate the use of the Community Center building.
Reldon Schirch said that as a businessman on the Avenue of the Fountains he wanted to participate in future financial
planning for the design of the Community Center. He suggested the Council should control the medians on the
Avenue of the Fountains and create regulations regarding lighting concerns and outdoor music. Alice Helton urged
the Council to make a commitment regarding access and egress issues. Luke Jones favored either the alternate site
or another site on Verde River Drive. Suzanne Janson said she favored the alternate location. Sharon Hutcheson
supported the original location as a focal point to draw people as an important asset to the success of the downtown
businesses.
Councilwoman Wiggishoff said she had visited with business people along the Avenue of the Fountains and was
surprised that the owners were misinformed as to the closure of the Avenue. She said numerous meetings had
occurred including a Saturday morning meeting to view town center models at various locations. She viewed the
Avenue of the Fountains as just another street if the alternate location was considered. She said the creation of a
destination would benefit the businesses on the Avenue if the original location was approved. Councilman Apps said
he considered the merchants on the Avenue to be the experts relative to traffic patterns that what would or would
not attract business in the downtown area and said he supported the alternate location as well. Councilman Poma
pointed out that the Town Manager had given numerous speeches regarding positioning the Community Center at
a specific location. He said he favored the alternate location. Councilman Mower suggested that the two front-door
concept could still occur at the alternate site and said he didn't feel the radius diversion of traffic on the Avenue of
the Fountains would help the traffic flow situation. Councilman O'Brien said he favored the original location as a
superior choice or as an alternative, the intersection of Verde River Drive at Avenue of the Fountains.
Mayor Miles asked for a roll call vote to decide the location of the Community Center. Councilman O'Brien,
Wiggishoff and Vice Mayor Lawrence voted for the original location. Councilmen Mower,Poma, Apps and Mayor
Miles voted for the alternate location. Mayor Miles said both locations were acceptable but the most important
matter was to proceed with the development of the downtown area and to have the support of the business
community.
Councilman Mower MOVED to approve the three agreements with the approved location for the land transfer
section. Councilman Apps SECONDED the motion.
Leesa Fraverd asked where the 100 acres were located. Mayor Miles answered that the property was near to the
acreage deeded to the City of Scottsdale. She said she felt the slopes over 30% in that area would not have been
developed and that the Town should have gotten a better deal because the area was not that valuable. Mayor Miles
responded that the Town could approve matters with respect to density as a negotiating factor in the deeding of the
property to the Town.
Councilman Poma stated he opposed the acquisition of Fountain Park at this time because of the expense of
maintaining the fountain and the surrounding park. Mr.Nordin pointed out that the agreement provided for the Town
to take over ownership of the park on January 1, 1997 and would be subsidized $350,000 for maintenance costs by
MCO Properties. The second year of ownership, MCO would pay two-thirds of$350,000 and the third year, MCO
would pay one-third of$350,000 towards maintenance costs. Councilman Poma suggested we negotiate with MCO
Minutes of the Regular Session of the Town Council 11/21/96
Page 4 of 10
Properties and exclude the agreement regarding Fountain Park. He said he felt an environmental study would provide
a negative return and that the costs for replacing broken fans, motors, etc. would be excessive. Mayor Miles said
he understood that all three agreements would be approved or disapproved as one package. Councilman O'Brien
stated he thought the Town would be the most logical body to acquire the park and noted that any public property
would have significant upkeep expenses.
A roll call vote on the motion to approve CARRIED with a 6-1 vote. Councilman Poma cast the nay vote.
AGENDA ITEM #16 - CONSIDERATION OF A RESOLUTION 1996-84, PURSUANT TO A.R.S. 9-271
DECLARING THE POPULATION OF THE TOWN OF FOUNTAIN HILLS TO BE IN EXCESS OF 3,000
AND CALLING FOR THE VOTE OF THE QUALIFIED ELECTORS OF THE TOWN TO DETERMINE
WHETHER OR NOT THE NAME OF THE MUNICIPAL CORPORATION SHOULD BE CHANGED
FROM THE TOWN OF FOUNTAIN HILLS TO THE CITY OF FOUNTAIN HILLS; DESIGNATING THE
ELECTION DATE; AND DESIGNATING THE DEADLINE FOR VOTER REGISTRATION.
Councilwoman Wiggishoff stated she had presented the recommendation of a study committee at the second meeting
in October. The committee recommended that the Council proceed with the process to become a charter city. She
stated the first step would be to ask the voters to approve the change from a general law town to a general law city
at the next election day, March 11, 1997. Councilwoman Wiggishoff MOVED approval of Resolution 1996-84 as
presented. Councilman Apps SECONDED the motion.
Vice Mayor Lawrence said he was not convinced that the Town should become a charter city, however he indicated
the voters would have their chance to approve the first step. Mr. Nordin stated it was also possible to have the
election question in May rather than March, 1997. He acknowledged that it would be cheaper, however,to combine
this ballot question with the school's ballot question in March.
The motion CARRIED unanimously.
AGENDA ITEM #17 - PUBLIC HEARING ON RESOLUTION 1996-76, DECLARING AS A PUBLIC
RECORD WITHIN THE MEANING OF A.R.S. 9-801 THAT CERTAIN DOCUMENT FILED WITH THE
TOWN CLERK AND ENTITLED "THE 1996 AMENDMENTS TO THE TOWN TAX CODE OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA INCLUDING A TAXPAYER BILL OF RIGHTS."; AND
ORDINANCE 96-46, RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING BY REFERENCE,
PURSUANT TO A.R.S.9-802,"THE 1996 AMENDMENTS TO THE TOWN TAX CODE FOR THE TOWN
OF FOUNTAIN HILL,ARIZONA INCLUDING A TAXPAYER BILL OF RIGHTS"; ESTABLISHING AN
EFFECTIVE DATE AND PROVIDING PENALTIES FOR VIOLATIONS.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:12 p.m. Town
Attorney Bill Farrell stated Resolution 1996-76 would declare the Town Tax Code to be a public record and would
save publishing expenses of annual changes. No one from the public spoke for or against Resolution 1996-76.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:14 p.m.
AGENDA ITEM #18 - CONSIDERATION OF RESOLUTION 1996-76, DECLARING AS A PUBLIC
RECORD WITHIN THE MEANING OF A.R.S. 9-801 THAT CERTAIN DOCUMENT FILED WITH THE
TOWN CLERK AND ENTITLED "THE 1996 AMENDMENTS TO THE TOWN TAX CODE OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA INCLUDING A TAXPAYER BILL OF RIGHTS."
Minutes of the Regular Session of the Town Council 11/21/96
Page 5 of 10
Councilman Poma MOVED to approve Resolution 1996-76 as presented. Vice Mayor Lawrence SECONDED the
motion. Councilwoman Wiggishoff asked who the taxpayer resolution officer was for the town. Mr. Farrell
41161, indicated that the taxpayer resolution officer was a state employee. The motion CARRIED unanimously.
AGENDA ITEM #19 - CONSIDERATION OF ORDINANCE 96-46, RELATING TO THE PRIVILEGE
LICENSE TAX;ADOPTING BY REFERENCE,PURSUANT TO A.R.S.9-802,"THE 1996 AMENDMENTS
TO THE TOWN TAX CODE FOR THE TOWN OF FOUNTAIN HILL, ARIZONA INCLUDING A
TAXPAYER BILL OF RIGHTS";ESTABLISHING AN EFFECTIVE DATE AND PROVIDING PENALTIES
FOR VIOLATIONS.
Councilman Apps MOVED to approve Ordinance 96-46 as presented. Councilwoman Wiggishoff SECONDED the
motion which CARRIED unanimously.
AGENDA ITEM#20-CONSIDERATION OF RESOLUTION 1996-83,RELATING TO UTILIZATION OF
BED TAX REVENUES, AND DESIGNATING TOWN FUNDS TO BE USED TO PROMOTE RETAIL
TRADE, TOURISM, THE HOSPITALITY INDUSTRY, AND PARK DEVELOPMENT.
Mayor Miles gave a presentation regarding the utilization of bed tax revenues and future requests for the Council
to consider regarding changes to zoning regulations concerning increasing the number of permitted rooms in
residential and multi-family zoned areas.
Councilman O'Brien MOVED to approve Resolution 1996-83 with the stipulation of removing the fourth paragraph
which requires the Town to guarantee the first $50,000 from bed tax revenues be spent for promotional expenses
from the General Fund. He said this matter would be something the Council could consider in the future after details
had been completed regarding how the money would be spent. Vice Mayor Lawrence SECONDED the motion
which CARRIED unanimously.
AGENDA ITEM #21 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT
CHANGING BED AND BREAKFAST REGULATIONS.
Councilman O'Brien MOVED that the amendments contained in Gary Jeppson's staff memo be referred to the
Planning & Zoning Commission for consideration. Councilman Poma SECONDED the motion.
Councilman Apps asked if bed and breakfast facilities were exempted from handicapped access requirements. Pat
Davis, the Town's Building Official, answered that the bed and breakfast operations were not exempt and must
comply with the ADA standards.
The motion CARRIED unanimously.
AGENDA ITEM#22-CONSIDERATION OF ORDINANCE 96-38,ADOPTING THE 1994 EDITIONS AND
CUMULATIVE SUPPLEMENTS THROUGH 1996 SUPPLEMENTS, EXCEPT AS SPECIFICALLY
STATED, OF THE UNIFORM BUILDING CODE, UNIFORM FIRE CODE, UNIFORM MECHANICAL
CODE, UNIFORM PLUMBING CODE, UNIFORM SWIMMING POOL AND SPA HOT TUB CODE,
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,AND THE 1993 EDITION AND
Minutes of the Regular Session of the Town Council 11/21/96
Page 6 of 10
SUPPLEMENTS OF THE NATIONAL ELECTRICAL CODE. ALSO REPEALING THE 1991 EDITIONS
AND PREVIOUSLY ADOPTED SUPPLEMENTS OF THE UNIFORM BUILDING CODE, UNIFORM
MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM SWIMMING POOL AND SPA HOT TUB
CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 1988 EDITION
AND ALL PREVIOUSLY ADOPTED SUPPLEMENTS OF THE UNIFORM FIRE CODE AND UNIFORM
FIRE CODE STANDARDS,AND THE 1993 EDITION AND PREVIOUSLY ADOPTED SUPPLEMENTS OF
THE NATIONAL ELECTRICAL CODE.
Mr. Nordin explained that Ordinance 96-38 adopted the current revisions of all codes and repealed the old versions.
He stated the Fire District had made minor changes and also supported the approval of the ordinance. Councilwoman
Wiggishoff MOVED to approve Ordinance 96-38 as presented. Councilman Poma SECONDED the motion which
CARRIED unanimously.
AGENDA ITEM #23 - STATUS REPORT BY TOWN ENGINEER RANDY HARREL ON TOWN-WIDE
EASEMENT ABANDONMENTS.
Town Engineer Randy Harrel stated that updated plat maps had been sent to the utilities for review and the public
would be notified prior to Council consideration. He said Cox Communications had not responded to date. Also,
he said the Sanitary District needed to acquire additional easements to access manholes. He said Plat 101 would
be ready by January, 1997 and donations of easements would be solicited.
AGENDA ITEM 24-PUBLIC HEARING ON ORDINANCE 96-47,A PROPOSED AMENDMENT TO THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5 GENERAL PROVISIONS,
SECTION 5.11 LAND DISTURBANCE STANDARDS, B. GRADING STANDARDS, 3. GRADING OF
�,r INDIVIDUAL LOTS, TO ELIMINATE THE GUARANTEE OF AT LEAST 12,000 SQUARE FEET OF
DISTURBANCE AND THE ALLOWANCE OF TOTAL LOT DISTURBANCE IF THE RESIDUAL OF LOT
AREA IS LESS THAN 6,000 SQUARE FEET ON ANY LOT LOCATED IN A SUBDIVISION WHERE THE
APPLICATION FOR THE SUBDIVISION WAS RECEIVED PRIOR TO NOVEMBER 3,1996,WHEN THE
HOMEBUILDER CHOOSES THE "FOUR TIMES THE FOOTPRINT" LAND DISTURBANCE OPTION.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:46 p.m. Mr.
Jeppson gave a brief staff report. He stated this amendment would not eliminate the four times the footprint option
regarding maximum disturbance calculations. Mr. Jeppson stated that the Planning & Zoning Commission had
unanimously recommended approval of this ordinance.
No one came forward from the public to speak for or against Ordinance 96-47. Mayor Miles closed the public
hearing and reconvened the Regular Session of the Town Council at 8:48 p.m.
AGENDA ITEM #25 - CONSIDERATION OF ORDINANCE 96-47, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS,CHAPTER 5 GENERAL PROVISIONS,SECTION
5.11 LAND DISTURBANCE STANDARDS, B. GRADING STANDARDS, 3. GRADING OF INDIVIDUAL
LOTS, TO ELIMINATE THE GUARANTEE OF AT LEAST 12,000 SQUARE FEET OF DISTURBANCE
AND THE ALLOWANCE OF TOTAL LOT DISTURBANCE IF THE RESIDUAL OF LOT AREA IS LESS
THAN 6,000 SQUARE FEET ON ANY LOT LOCATED IN A SUBDIVISION WHERE THE APPLICATION
FOR THE SUBDIVISION WAS RECEIVED PRIOR TO NOVEMBER 3, 1996, WHEN THE
HOMEBUILDER CHOOSES THE "FOUR TIMES THE FOOTPRINT" LAND DISTURBANCE OPTION.
Minutes of the Regular Session of the Town Council 11/21/96
Page 7 of 10
Councilman O'Brien MOVED to approve Ordinance 96-47. Councilman Poma SECONDED the motion.
Councilman Mower MOVED to amend the motion to include a waiver be approved by the Council. Town Manager
Lir Nordin suggested the Council adopt the Ordinance but direct staff to draft an amendment with proper language
regarding a waiver proceeding. Councilman Poma MOVED to continue discussion on this matter. For lack of a
second the motion DIED.
The vote on the motion to approve CARRIED with a 6-1 vote. Councilman Poma cast the nay vote.
AGENDA ITEM #26 - PUBLIC HEARING ON ORDINANCES 96-34 AND 96-48. ORDINANCE 96-34 IS
A PROPOSED AMENDMENT TO THE TEXT OF CHAPTER 7 OF THE ZONING ORDINANCE FOR THE
TOWN OF FOUNTAIN HILLS WHICH WOULD CREATE PAVING REQUIREMENTS FOR VEHICULAR
USE AREAS IN ALL ZONING DISTRICTS AND THAT WOULD PROHIBIT THE USE OF TANDEM
PARKING SPACES TO MEET OFF-STREET PARKING REQUIREMENTS. ORDINANCE 96-48 IS A
PROPOSED AMENDMENT TO THE TEXT OF CHAPTER 7 OF THE ZONING ORDINANCE FOR THE
TOWN OF FOUNTAIN HILLS BUT WOULD ONLY CREATE PAVING REQUIREMENTS FOR
VEHICULAR USE AREAS IN ALL ZONING DISTRICTS, CASE NUMBER Z96-24.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:57 p.m.
Planner Jeff Valder explained that Ordinance 96-34 which had previously been approved had been inadvertently mis-
noticed. He said the Council had approved the paving requirements in the ordinance but had not approved the
elimination the use of tandem parking when calculating off-street parking requirements. To make the ordinance
legally enforceable, it was necessary to re-notice the public hearing and two separate ordinances had been prepared.
Ordinance 96-34 included the language concerning tandem parking and surfacing materials requirements and
Ordinance 96-48 included only language regarding surfacing materials. He stated the Planning & Zoning
Commission had unanimously recommended Ordinance 96-34.
Sharon Hutcheson,a member of the P&Z Commission,said she was concerned about the high density units proposed
for the Town and suggested the elimination of tandem parking would reduce on-street parking problems as well as
reduce density in larger projects.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 9:04 p.m.
AGENDA ITEM#27- CONSIDERATION OF ORDINANCE 96-34,A PROPOSED AMENDMENT TO THE
TEXT OF CHAPTER 7 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS WHICH
WOULD CREATE PAVING REQUIREMENTS FOR VEHICULAR USE AREAS IN ALL ZONING
DISTRICTS AND THAT WOULD PROHIBIT THE USE OF TANDEM PARKING SPACES TO MEET
OFF-STREET PARKING REQUIREMENTS, CASE NUMBER Z96-24.
Councilman Mower MOVED to approve Ordinance 96-34 as presented. Vice Mayor Lawrence SECONDED the
motion. Councilman O'Brien said he would vote against Ordinance 96-34 because he felt off street parking problems
could be better controlled with regulatory signage and that more requirements of land for parking would mandate
additional land disturbance. The motion CARRIED with a 6-1 vote. Councilman O'Brien cast the nay vote.
AGENDA ITEM#28-CONSIDERATION OF ORDINANCE 96-48,A PROPOSED AMENDMENT TO THE
TEXT OF CHAPTER 7 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS THAT
CREATES PAVING REQUIREMENTS FOR VEHICULAR USE AREAS IN ALL ZONING DISTRICTS,
CASE NUMBER Z96-24.
Minutes of the Regular Session of the Town Council 11/21/96
Page 8 of 10
Agenda Item #28 was moot due to the approval of Ordinance 96-34.
L
AGENDA ITEM #31 - PUBLIC HEARING ON ORDINANCE 96-50, TO RECEIVE PUBLIC COMMENT
ON A PROPOSED AMENDMENT TO CHAPTER 5,SECTION 5.09 OF THE ZONING ORDINANCE FOR
THE TOWN OF FOUNTAIN HILLS TO PROHIBIT WALLS, FENCES OR HEDGES OVER 3.5 FEET IN
HEIGHT NEARER TO ANY PUBLIC OR PRIVATE STREET RIGHT-OF-WAY LINE THAN A
DISTANCE EQUAL TO THE STREET SIDE-YARD SETBACK DISTANCE OF THE UNDERLYING
ZONING DISTRICT, CASE NUMBER Z96-24.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:04 p.m.
Planner Jeff Valder said this amendment was initiated by the Town Council on July 5, 1996. He said the amendment
required at least 25' of area between any kind of a road, wall, hedge or fence over 3 1/2 feet high. He stated that
the problem had occurred when subdividers would plat two lots, one fronting on a local street and the other property
line abutting a collector road. This would create a screen wall on the rear property line which resulted in a ten foot
area between the curb and a six-foot high block wall.
Vice Mayor Lawrence suggested regulations be in place when the subdividers were in the beginning stages rather
than put the burden on new homeowners. Councilman O'Brien agreed and stated when using small lots as an
example, the amount of area for a back yard could be non-existent.
Town Manager Nordin stated he thought the purpose of the ordinance was to eliminate a strategin that had been used
to build a six foot wall all the way to the street. Mr. Jeppson agreed. Mr. Nordin stated the possibility of small
buffer areas would be eliminated by adopting this ordinance. Mr. Valder stated the P&Z Commission had
recommended approval of this ordinance with a 6-1 vote.
No one from the public spoke for or against Ordinance 96-50. Mayor Miles closed the public hearing and
reconvened the Regular Session of the Town Council at 9:21 p.m.
AGENDA ITEM #32 - CONSIDERATION OF ORDINANCE 96-50, A PROPOSED AMENDMENT TO
CHAPTER 5,SECTION 5.09 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO
PROHIBIT WALLS,FENCES OR HEDGES OVER 3.5 FEET IN HEIGHT NEARER TO ANY PUBLIC OR
PRIVATE STREET RIGHT-OF-WAY LINE THAN A DISTANCE EQUAL TO THE STREET SIDE-YARD
SETBACK DISTANCE OF THE UNDERLYING ZONING DISTRICT, CASE NUMBER Z96-24.
Councilman Apps MOVED to approve Ordinance 96-50 for purposes of discussion. Councilman Poma
SECONDED the motion.
Both Councilman O'Brien and Vice Mayor Lawrence stated there had been contradictory statements in this discussion
which resulted in confusion. Councilman Mower said he also was confused and MOVED to continue this matter
until the next Council meeting to allow staff to clarify their staff report. Councilman Poma SECONDED the motion
which CARRIED with a 6-1 vote. Vice Mayor Lawrence cast the nay vote.
AGENDA ITEM #33 - CALL TO THE PUBLIC.
No one from the public came forward.
Minutes of the Regular Session of the Town Council 11/21/96
Page 9 of 10
AGENDA ITEM #34 - ADJOURNMENT.
Councilman Mower MOVED to adjourn the meeting. Councilman Poma SECONDED the motion which
CARRIED unanimously. Mayor Miles adjourned the meeting at 9:25 p.m.
TOWN OF FOUNTAIN HILLS
By: �� �'l /
rry Miles, Mayor 1
A! EST: CilL4L. `LJ kiitAAAti
Cassie B. Hansen, Town Clerk
PREPARED BY: _Yc„or...ek _..d E.. c-L4,..,...„"..)
Linda D. Lemmen, Administrative Assistant
CERTIFICATION
(11111,
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 21st day of November, 1996. I further certify that the meeting
was duly called and that a quorum was present.
DATED this 19th day of December, 1996.
(1444415 Q-4-A4-'L
Cassie B. Hansen, Town Clerk
L.
Minutes of the Regular Session of the Town Council 11/21/96
Page 10 of 10