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HomeMy WebLinkAbout1999.0304.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 4, 1999 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M., Thursday, January 7, 1999, 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, Pastor Mike Van Klaveren of the Fountain Hills First Assembly of God Church gave the invocation. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Pen Mower and Councilmembers John Wyman, Sharon Hutcheson, Sid Apps, Marianne Wiggishoff,and Al Poma. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen,Director of Community Development Jeff Valder and Planner Geir Sverdrup. Mayor Morgan read the Consent Agenda,which consisted of the following agenda items: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF FEBRUARY 4TH AND 18TH, 1999. AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY SHARON MORGAN OF THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE NATIVE AMERICAN ART SHOW. THE EVENT WILL BE HELD ON SATURDAY AND SUNDAY, MARCH 27TH AND 28TH AND WILL BE HELD ON PORTIONS OF SAGUARO BOULEVARD, REQUIRING THE CLOSURE OF SAGUARO BOULEVARD FROM THE AVENUE OF THE FOUNTAINS TO PALISADES. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY TAMALA ROSENHAGEN OF THE FOUNTAIN HILLS FIRE DEPARTMENT FOR PUBLIC SAFETY DAY TO BE HELD ON SATURDAY, APRIL 10, 1999 FROM 10:00 A.M. UNTIL 1:00 P.M. PARTIAL CLOSURE OF THE NORTH SIDE OF EL LAGO BOULEVARD FROM SAGUARO BOULEVARD TO THE VILLAGE BAZAAR ENTRANCE WILL BE REQUIRED. AGENDA ITEM #4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY ALAN CRUIKSHANK OF THE FOUNTAIN HILLS HISTORICAL SOCIETY FOR FOUNDER'S DAY TO BE HELD ON SATURDAY, APRIL 10, 1999 FROM 11:00 A.M. UNTIL 6:00 P.M. NO STREET CLOSURES WILL BE REQUIRED FOR THIS PORTION OF THE EVENT. AGENDA ITEM#5-CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY RICHARD J.DEBERNARDIS OF THE PERIMETER BICYCLING ASSOCIATION OF AMERICA FOR THE EL TOUR DE PHOENIX. THE EVENT IS SCHEDULED FOR APRIL 17, 1999 FROM 7:00 A.M. TO 3:00 P.M. CYCLISTS WILL ONLY BE PASSING THROUGH FOUNTAIN HILLS, TRAVELING EAST ON SHEA BOULEVARD TO THE BEELINE HIGHWAY. NO STREET CLOSURES WILL BE REQUIRED. AGENDA ITEM #6 - CONSIDERATION OF THE EXTENSION OF PREMISES/PATIO PERMIT APPLICATION SUBMITTED BY KENNETH BOWMAN OF THE AMERICAN LEGION POST 58 LOCATED AT 16850 EAST AVENUE OF THE FOUNTAINS. THE APPLICANT IS ASKING TO TEMPORARILY EXTEND THEIR "CLUB" LIQUOR LICENSE #14073009 TO AN ENCLOSED PATIO AREA ADJACENT TO THE FACILITY ON WEDNESDAY,MARCH 17,1999 FOR ST.PATRICK'S DAY. Town Council Regular Session 3/4/99 Page 1 of 7 AGENDA ITEM #7 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE DEPARTMENT OF PUBLIC SAFETY TO SEND ANOTHER OFFICER TO THE STATE GANG FORCE ikiw AT NO EXPENSE TO THE TOWN. AGENDA ITEM #8 - CONSIDERATION OF THE RENEWAL OF THE THREE-YEAR CONTRACT WITH THE INDEPENDENT AUDITOR FIRM OF CRONSTROM & TRBOVICH FOR THE AUDIT OF THE TOWN OF FOUNTAIN HILLS FINANCIAL REPORTS FOR THE PERIODS ENDING 6/30/99, 6/30/00 AND 6/30/01. AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 1999-12 APPROVING THE APPLICATION FOR LOCAL,REGIONAL AND STATE PARKS FUNDS FOR DESERT VISTA NEIGHBORHOOD PARK —ACQUISITION/PHASE I. AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 1999-13 APPROVING THE APPLICATION FOR LOCAL,REGIONAL AND STATE PARKS FUNDS FOR FOUNTAIN PARK—PHASE II. AGENDA ITEM #11 - CONSIDERATION OF APPOINTING THREE MEMBERS TO THE PARKS AND RECREATION COMMISSION TO FILL THREE VACANCIES. AGENDA ITEM#12 - CONSIDERATION OF A FINAL REPLAT OF LOTS 12 & 13, EAGLE MOUNTAIN PARCEL 5, A LOT JOIN PROJECT, CASE#S99-003. AGENDA ITEM #13 - CONSIDERATION OF THE FINAL PLAT FOR THE HILLTOP AT THE SUNRIDGE CANYON SUBDIVISION, A THREE LOT, 6.439 ACRE DEVELOPMENT LOCATED AT THE NORTHWEST CORNER OF PALISADES BOULEVARD AND SUNRIDGE DRIVE, CASE NUMBER S98-043. Vice Mayor Mower MOVED to approve the Consent Agenda as read. Councilman Poma SECONDED the motion. A roll call vote was taken with the following results: Councilman Apps Aye Councilman Wyman Aye Vice Mayor Mower Aye Mayor Morgan Aye Councilman Poma Aye Councilwoman Wiggishoff Aye Councilwoman Hutcheson Aye The motion CARRIED. AGENDA ITEM #14 - DISCUSSION, WITH POSSIBLE DIRECTION TO STAFF, REGARDING THE ALLOCATION OF FUNDS FOR THE REPAIR AND/OR UPGRADING OF THE TENNIS COURTS LOCATED AT FOUR PEAK SCHOOL PRIOR TO THE NEXT FISCAL YEAR. Town Manager Paul Nordin stated the improvements to the tennis courts would be in accord with the IGA between the Town and the School District. Councilman Poma referred to the estimate of $15,000 he had received from the Director of Parks & Recreation and pointed out that improvements to existing tennis courts were immediately necessary. Councilman Poma MOVED to direct staff to spend up to $15,000 for improvements to the tennis courts at the Four Peaks School. Councilman Wyman SECONDED the motion. Councilwoman Wiggishoff suggested efforts to finalize the master plan for the Four Peaks School Park, secure bids for court improvements and work with the Parks&Recreation Commission to re-examine the needs of the park be accomplished before proceeding with the Town Council Regular Session 3/4/99 Page 2 of 7 tennis court improvements. Councilman Poma urged the Council to direct staff to take immediate action to get the existing tennis courts repaired. Vice Mayor Mower stated he thought staff should secure bids up to $15,0000 for repair of the courts. Mr. Nordin assured the Council he would get bids and under his authorization could award the contract for court improvements. Councilwoman Hutcheson suggested the Parks & Recreation should look for other spaces for tennis courts. Bruce Hansen, member of the Sanitary District Board, reminded the Council that the Desert Vista Park had to be used for effluent disposal. Bob Ralph, a tennis supporter, stated he wanted additional tennis courts in the town. The motion CARRIED unanimously. AGENDA ITEM#15 - CONSIDERATION OF THE FINAL MASTER PLAT FOR FIREROCK COUNTRY CLUB, LOCATED SOUTH OF SHEA BOULEVARD, EAST OF EAGLE MOUNTAIN AND WEST OF FIREROCK ESTATES, CASE#S97-005. Planner Geir Sverdrup stated this was the final step in the platting of the 108 acres for Firerock Country Club. He said the approval of the master plat would allow for the designs of the sewers to proceed. Mr. Nordin pointed out that the Council would be reviewing the individual plats as they were submitted. Councilwoman Wiggishoff MOVED to approve the Firerock Country Club Master Plat as presented. Vice Mayor Mower SECONDED the motion,which CARRIED unanimously. AGENDA ITEM #16 - CONSIDERATION OF INITIATING AN AMENDMENT TO SECTION 5.06 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ADD SUBSECTION 5.06 (I) TO DISREGARD HAMMERHEAD CUL-DE-SAC PROPERTY LINES WHEN DETERMINING FRONT OR STREET SIDE YARD SETBACKS IF CERTAIN CRITERIA ARE MET. Director of Community Development Jeff Valder asked the Council to continue discussion on this matter to allow time for staff to resolve several concerns. Councilwoman Wiggishoff MOVED to continue this matter until the next Council meeting. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#17-PUBLIC HEARING ON ORDINANCE 99-7,AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 6, SECTION 6.07.F. TO ESTABLISH COMPREHENSIVE SIGN PACKAGE REQUIREMENTS (CASE NUMBER Z99-06). Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 6:54 p.m. Mr. Valder stated the Town Manager had requested the public hearing be continued to allow time for staff to discuss this matter. There were no comments from the public. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 6:55 p.m. AGENDA ITEM #18 - CONSIDERATION OF ORDINANCE 99-7 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 6, SECTION 6.07.F. TO ESTABLISH COMPREHENSIVE SIGN PACKAGE REQUIREMENTS (CASE NUMBER Z99-06). Councilwoman Wiggishoff MOVED to continue discussion of Ordinance 99-07 to the next Council meeting. Councilman Apps SECONDED the motion, which CARRIED unanimously. Town Council Regular Session 3/4/99 Page 3 of 7 AGENDA ITEM#19-PUBLIC HEARING ON ORDINANCE 99-8,AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 5, SECTION 5.06.F. & G. TO FURTHER DEFINE THE REQUIREMENTS FOR ACCESSORY STRUCTURES (CASE NUMBER Z99-05). Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 6:56 p.m. Mr. Sverdrup stated this text amendment would increase the setback requirement for accessory structures in an effort to reduce the impact of a shed with better separation from the rear or side lot line. Vice Mayor Mower asked if a small shed would be permitted if this text amendment was approved. Mr. Sverdrup stated that any shed under 120 square feet did not require a building permit and no site plan would be given to staff. He said if a complaint was brought forward, the restrictions would be enforced. Councilman Poma asked why this text amendment was on the agenda. Mr. Sverdrup answered that the amendment was an effort to clean up existing text in the Zoning Ordinance. Mr. Valder stated the original intent of the amendment was to allow free-standing accessory structures to observe the same side yard setbacks as the house and have adequate spacing between the structure and the rear property line. Vice Mayor Mower suggested restricting the height limit of accessory structures. There were no comments from the public. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 7:03 p.m. AGENDA ITEM #20 - CONSIDERATION OF ORDINANCE 99-8, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 5, SECTION 5.06.F. & G. TO FURTHER DEFINE THE REQUIREMENTS FOR ACCESSORY STRUCTURES (CASE NUMBER Z99- Councilman Poma MOVED to continue consideration of Ordinance 99-08 to the next Council meeting. Vice Mayor Mower SECONDED the motion. Mr. Valder asked for Council direction in terms of changes to the ordinance. Councilman Poma stated he wanted to regulate building size and height limitations. Vice Mayor Mower suggested revised definitions of an accessory building,garage,or shed be included along with height limitations. The motion CARRIED unanimously. AGENDA ITEM #21 - PUBLIC HEARING ON ORDINANCE 99-9, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 12, SECTION 12.02.B.2.F. TO NOT ALLOW VETERINARY CLINIC USES IN THE "C-C" COMMON COMMERCIAL AND "C-1" NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICTS (CASE NUMBER Z99- 07). Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 7:06 p.m. Mr. Valder said an inconsistency in Chapter 12 referred to a veterinary clinic as a by-right use with the exception of not permitting any outdoor usage in the C-1 district. He pointed out any commercial use allowed in the C-0 zoning district was also allowed in the C-1, C-2 and C-3 zoning districts. He said that the C-2 and C-3 uses permitted a veterinary clinic as long as three or four criteria were met. Because of the inconsistency, staff felt that vet clinics should not be permitted in C-C and C-1. Councilwoman Wiggishoff asked what rationale was used to eliminate outdoor facilities of a veterinary clinic veterinary clinics as long as outdoor facilities were prohibited. Mr. Valder answered that public health reasons had dictated an incompatible use when a vet clinic had outdoor boarding or exercise quarters. A special use permit was required for boarding uses. Councilman Poma said he favored using the C-2 and C-3 districts as appropriate for vet clinics with outdoor quarters. Mr. Valder stated there were no clinics in the C-C and the C-1 districts at this time. There were no comments from the public. Town Council Regular Session 3/4/99 Page 4 of 7 Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 7:13 p.m. Sikw AGENDA ITEM #22 - CONSIDERATION OF ORDINANCE 99-9, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 12, SECTION 12.02.B.2.F. TO NOT ALLOW VETERINARY CLINIC USES IN THE "C-C" COMMON COMMERCIAL AND "C-I" NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICTS (CASE NUMBER Z99- 07). Vice Mayor Mower MOVED to deny Ordinance 99-09 and direct staff to correct the language to permit vet clinics in all commercial districts with regulations in place to restrict outdoor dog runs or facilities. Councilman Poma SECONDED the motion, which CARRIED with a 6-1 vote. Councilman Wyman cast the nay vote. AGENDA ITEM #23 - PUBLIC HEARING ON ORDINANCE 99-10, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 7, SECTION 7.03.B.5 TO FURTHER DEFINE THE REQUIREMENTS FOR LANDSCAPING (CASE NUMBER Z99-03). Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 7:17 p.m. Planner Geir Sverdrup stated this ordinance provided for clarification of landscaping standards in multi-family and commercial districts. He said specific standards in the Subdivision Ordinance were incorporated in this ordinance. Councilwoman Wiggishoff said the required timer-watering irrigation system might be problematic in certain situations where watering of plants was not necessary. Mr. Sverdrup replied that the reason for such an ordinance itior was to establish a certain watering schedule to create a level of assurance that the landscaping originally planted would survive. After the watering system was established as adequate to meet the needs of the newly planted landscaping, it could be removed. Councilwoman Wiggishoff stated that the language referring to certain landscaping "shall" be maintained for the duration of the use of the parking lot was acceptable but that government should not set conditions requiring a mandatory watering system. Mr. Sverdrup stated staff would have the ability to work with the landscape architect to assure that the landscaping would survive. Mayor Morgan said she thought the restrictions of a hand-watering system were too severe. Mr. Valder stated that currently there were no landscaping standards in the multi-family or commercial districts and that this ordinance would provide a higher standard for projects to guarantee that their landscaping would be maintained. Councilwoman Wiggishoff stated she approved the creation of landscaping standards, but felt the language was too specific with the terms of the ordinance mandating responsibility beyond the landscaping requirements. Councilwoman Hutcheson supported the inclusion of terms in the Subdivision Ordinance and suggested that landscaping should be either maintained or replaced. Mr. Valder stated staff needed the ability to require landscape plans at the time of the building permit application. Councilwoman Hutcheson questioned the enforcement of a watering schedule. Mayor Morgan said she felt the language should be worded differently. There were no comments from the public. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 7:32 p.m. AGENDA ITEM #24 - CONSIDERATION OF ORDINANCE 99-10, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 7, SECTION 7.03.B.5 TO FURTHER DEFINE THE REQUIREMENTS FOR LANDSCAPING (CASE NUMBER Z99-03). Councilwoman Wiggishoff MOVED to approve Ordinance 99-10 with the change in wording from "shall" to "may" regarding areas proposed to be landscaped "may" be required to be irrigated by an automatically timed system and to Town Council Regular Session 3/4/99 Page 5 of 7 delete the "hand watering is not permitted" clause. Councilman Poma SECONDED the motion, which CARRIED unanimously. L AGENDA ITEM #25 - PUBLIC HEARING ON ORDINANCE 99-11, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 8, SECTION 8.03.B TO AMEND THE "REQUIREMENTS FOR SHIELDING/FILTRATION" TABLE REGARDING MERCURY VAPOR LIGHTS (CASE NUMBER Z99-04). Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 7:35 p.m. Mr. Sverdrup stated an inconsistency had occurred in the Zoning Ordinance language and that this ordinance would amend the requirements for mercury vapor lights and delete references to clarify external lighting. There were no comments from the public. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 7:36 p.m. AGENDA ITEM #26 - CONSIDERATION OF ORDINANCE 99-11, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 8, SECTION 8.03.B TO AMEND THE "REQUIREMENTS FOR SHIELDING/FILTRATION" TABLE REGARDING MERCURY VAPOR LIGHTS (CASE NUMBER Z99-04). Councilman Apps MOVED to approve Ordinance 99-11 as presented. Councilwoman Hutcheson SECONDED the motion, which CARRIED unanimously. L AGENDA ITEM#27 - PUBLIC HEARING ON ORDINANCE 99-12, AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FOUNTAIN HILLS TO AMEND EXISTING "R1-190" RURAL RESIDENTIAL AND "C-1" NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICTS LOCATED SOUTH AND WEST OF PANORAMA BOULEVARD, EAST OF SAGUARO BOULEVARD, AND NORTH OF EL LAGO BOULEVARD, AKA FOUNTAIN PARK, BUT NOT INCLUDING THE "C-1" PARCEL KNOWN AS THE FOUNTAIN BAZAAR, TO "OSR" OPEN SPACE RECREATIONAL ZONING DISTRICT(CASE NUMBER Z99-08). Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 7:37 p.m. Mr. Valder explained that this ordinance changed the zoning of Fountain Park to its existing open space use and would be consistent with the General Plan. There were no comments from the public. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 7:39 p.m. AGENDA ITEM#28 - CONSIDERATION OF ORDINANCE 99-12, AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FOUNTAIN HILLS TO AMEND EXISTING "R1-190" RURAL RESIDENTIAL AND "C-1" NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICTS LOCATED SOUTH AND WEST OF PANORAMA BOULEVARD, EAST OF SAGUARO BOULEVARD, AND NORTH OF EL LAGO BOULEVARD, AKA FOUNTAIN PARK, BUT NOT INCLUDING THE "C-1" PARCEL KNOWN AS THE FOUNTAIN BAZAAR, TO "OSR" OPEN SPACE RECREATIONAL ZONING DISTRICT (CASE NUMBER Z99-08). Vice Mayor Mower MOVED to approve Ordinance 99-12 as presented. Councilman Poma SECONDED the motion, which CARRIED unanimously. Town Council Regular Session 3/4/99 Page 6 of 7 AGENDA ITEM#29-CALL TO THE PUBLIC There were no comments from anyone in the audience. AGENDA ITEM #30 - PURSUANT TO A.R.S. §38-431.03.A.3 AND A.R.S. §38-431.03.A.7, VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; AND DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION FOR THE PURCHASE OF LEASE OF REAL PROPERTY; RESPECTIVELY. Vice Mayor Mower MOVED to go into Executive Session. Councilman Poma SECONDED the motion, which CARRIED unanimously. Mayor Morgan recessed the Regular Session at 7:40 p.m. AGENDA ITEM#31 -RETURN TO REGULAR SESSION. Mayor Morgan reconvened the Regular Session at 9:00 p.m. AGENDA ITEM#32-ADJOURNMENT. ilow Councilman Poma MOVED to adjourn the meeting. Vice Mayor Mower SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 9:00 p.m. TOWN OF FO NTAIN HILLS By: /l Sharon Morgan,Mayor AFIEST: C/Leg.„: '\J 1�= j Cassie B.Hansen,Town Clerk PREPARED BY: Linda D.Lemmen,Executive 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 4th day of March, 1999. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of March, 1999. (14-44.4.L '4J )\--11.A1.4, , Cassie B.Hansen,Town Clerk Town Council Regular Session 3/4/99 Page 7 of 7