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.
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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
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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.
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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.
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Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 7:13 p.m.
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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
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Page 5 of 7
delete the "hand watering is not permitted" clause. Councilman Poma SECONDED the motion, which CARRIED
unanimously.
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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.
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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.
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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
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