HomeMy WebLinkAbout1996.0905.TCRM.Minutes •
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 5, 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, September 5, 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 Christian Jeppson and members of Boy Scout Troop#245
and the invocation given by Pastor Dennis Daniel from the First Baptist Church, 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, and Director of
Community Development Gary Jeppson.
Mayor Miles asked to remove Agenda Item #9 from the Consent Agenda for clarification. He read the remainder
of the Consent Agenda which consisted of the following agenda items:
AGENDA ITEM#2-CONSIDERATION OF APPROVING THE MEETING MINUTES OF AUGUST 15TH
AND 27TH, 1996.
AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1996-61,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE SOUTHERLY PROPERTY LINES OF LOT 5, 6 AND 7, AND THE 20'
PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED BETWEEN LOTS 5 AND 6 OF PLAT 207,
BLOCK 1 (16631-16639-16645 E. EL LAGO), AS RECORDED IN BOOK 147 OF MAPS, PAGE 6,
RECORDS OF MARICOPA COUNTY,ARIZONA, WITH STIPULATIONS. (GAMBACORTA - EA96-35)
AGENDA ITEM#4-CONSIDERATION OF RESOLUTION 1996-62,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN A 40' WIDE PORTION OF THE EL LAGO BOULEVARD
SERVICE ROAD RIGHT-OF-WAY,LOCATED ADJACENT TO THE NORTHERN PROPERTY LINE OF
LOTS 5,6 AND 7,BLOCK 1,PLAT 207(16631-16639-16645 E.EL LAGO),AS RECORDED IN BOOK 147
OF MAPS, PAGE 6, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS.
(GAMBACORTA - ROW96-04)
AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1996-64,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE NORTHWEST PROPERTY LINE AND THE 20' PUBLIC UTILITY AND
DRAINAGE EASEMENT LOCATED AT THE NORTHEAST PROPERTY LINE OF LOT 1, BLOCK 7,
PLAT 111 (16400 E. ARROW DRIVE), AS RECORDED IN BOOK 150 OF MAPS, PAGE 12, RECORDS
OF MARICOPA COUNTY, ARIZONA, WITH STIPULATION. (LOCHNER - EA96-39)
AGENDA ITEM #6 - CONSIDERATION OF A REPLAT PARCEL 3, EAGLE MOUNTAIN, A 27 ACRE
PARCEL DIVIDED INTO TWO PARCELS, PARCEL 3-B BEING 21.149 ACRES AND PARCEL 3-C
BEING 5.873 ACRES.
AGENDA ITEM#7-CONSIDERATION OF RESOLUTION 1996-63,ABANDONING WHATEVER RIGHT,
Minutes of the Regular Session of the Town Council 9/5/96
Page 1 of 8
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE COMMON PROPERTY LINE OF LOTS 9 AND 10, BLOCK 1, PLAT 505C
(15904 E. CENTIPEDE DRIVE) AND THE 10' PUBLIC UTILITY AND DRAINAGE EASEMENT
LOCATED AT THE NORTHEAST PROPERTY LINE OF LOT 10,AND THE 10' PUBLIC UTILITY AND
DRAINAGE EASEMENT LOCATED THE SOUTHERLY PROPERTY LINE OF LOT 9, AS RECORDED
IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH
STIPULATION. (KERN -EA96-36)
AGENDA ITEM#8- CONSIDERATION OF A REPLAT OF LOTS 9 & 10,BLOCK 1,FINAL PLAT 505-C
AKA 15848 E. CENTIPEDE (LOT 9) & 15904 E. CENTIPEDE (LOT 10), CASE NUMBER S96-036.
AGENDA ITEM #10 - CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT WITH
MARICOPA COUNTY FOR PARTICIPATION IN THEIR 800 MHZ TRUNKED RADIO SYSTEM
REFERRED TO AS THE "MARICOPA REGIONAL NETWORK" LOCATED ON THE COUNTY'S
THOMPSON PEAK COMMUNICATIONS SITE. PARTICIPATION IN THIS SYSTEM WILL IMPROVE
AND ENHANCE THE OPERATION AND RELIABILITY OF THE TOWN'S RADIO COMMUNICATIONS.
AGENDA ITEM#11-CONSIDERATION OF AWARDING A BID,IN THE AMOUNT OF$5,594.86 FROM
BRADLEY PRINTERS,INC. FOR PRINTING FIVE BI-MONTHLY ISSUES OF THE FOUNTAIN HILLS
FOCUS.
Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Mower SECONDED
the motion. A roll call vote was taken with the following results:
Councilman Apps Aye
Vice Mayor Lawrence Aye
Councilman Mower Aye
Councilman O'Brien Aye
Councilman Poma Aye
Councilwoman Wiggishoff Aye
Mayor Miles Aye
The motion CARRIED unanimously.
AGENDA ITEM #9 - CONSIDERATION OF A FINAL PLAT TO CONDOMINIUMIZE A FIVE UNIT
DEVELOPMENT KNOWN AS "HAWK ONE CONDOMINIUMS", LOCATED IN PLAT 201, BLOCK 3,
LOT 2 AKA 11874 N SAGUARO BLVD., CASE NUMBER S96-037.
Mayor Miles asked Planner Geir Sverdrup if there were four or five condominium units proposed in this final plat.
Mr. Sverdrup answered that there were five units planned for Hawk One Condominiums and his staff report had
erroneously indicated four units. Councilwoman Wiggishoff MOVED to approve Case Number S96-037 as
presented. Councilman Poma SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #12 - PRESENTATION OF CERTIFICATE OF APPRECIATION TO CHRISTIAN
JEPPSON AND ACCEPTANCE OF THE STAIRCASE HE CONSTRUCTED FOR AN EAGLE SCOUT
PROJECT. THE STAIRCASE FACILITATES ACCESS FROM THE TOWN HALL PARKING LOT TO
THE MUNICIPAL ACTIVITIES AND SERVICES IN BUILDING B.
Minutes of the Regular Session of the Town Council 9/5/96
Page 2 of 8
Gary Jeppson, father of Christian Jeppson,explained to the Council that his son had directed the troop in completing
the stairway project from the parking lot to Building B in the Town Hall complex as a project to receive an Eagle
Scout badge. He said Christian had arranged for donations of labor and/or materials from Wolf Bros. Construction,
R. E. Monks Construction and Fountain Hills Iron Works. He estimated the value of the staircase to be around
$2000. Mayor Miles thanked Christian for the completion of the project and said he would present the certificate
at a future ceremony.
AGENDA ITEM#13-INTRODUCTION OF COREY HROMEK,THE 1996 FALL RECREATION INTERN
FOR THE PARKS AND RECREATION DEPARTMENT.
Director of Parks & Recreation Robin Goodman introduced Corey Hromek as the new intern in the Parks &
Recreation Department. Corey, a student at Eastern Illinois University, will serve his internship through December
by working with the many Fall programs.
AGENDA ITEM #14 - WASH ACQUISITION UPDATE BY TOWN ATTORNEY BILL FARRELL.
Town Attorney Bill Farrell stated the title company was in the process of searching the 160 wash parcels to
determine whether any liens existed and preparing a preliminary title report. He anticipated a thirty day period would
elapse before the report would be available. He said he expected that after negotiations as to the language of the
deed had been completed, a formal presentation from MCO to the Town would take place.
AGENDA ITEM #15 - CONSIDERATION OF ALTERNATIVE METHODS FOR THE MARSHAL'S
DEPARTMENT TO PROVIDE AFTER HOURS TELEPHONE SERVICE AND POSSIBLY APPROVING
ADDITIONAL FUNDING FOR THIS SERVICE.
Town Manager Nordin referred to the August 5th memo from Marshal Gendler which proposed options for after-
hours telephone service. Marshal Gendler stated the present system of using a duty pager to obtain service from a
duty officer had resulted in 249 calls in the past year. He proposed a dedicated, separate line with a dispatcher to
answer calls be established to enable the public accessibility to officers working during nighttime hours. He stated
his officers had not responded favorably to an option which provided for forwarding of the Marshal's calls to the
officer's residences. Councilman Apps proposed using voice mail paging to the duty officers. Mayor Miles said
citizens had indicated their frustration regarding where to call for assistance from the Marshal's Department after
regular business hours. Marshal Gendler stated a dispatcher would be needed in the department after the two grant-
funded traffic officers were in place. He estimated the costs for four new after-hours dispatchers plus benefits would
cost$91,550 to cover the periods from 6 p.m. to 7 a.m. on weekdays and 24 hour service on weekends. Vice Mayor
Lawrence stated the costs were excessive and that residents should call the Marshal's Department during regular
office hours for enforcement of the Town Code. He said he favored educating the public regarding the existing
system of how and when to contact the Marshal's or the Sheriff's offices. Councilman Poma suggested further
discussion take place at the time of the Council Retreat sessions later in September. He suggested Channel 11 be
used to educate the residents concerning the present system. It was unanimously agreed to immediately proceed with
the separate phone line. Mayor Miles said this issue would appear on the Retreat agenda.
/4116, Minutes of the Regular Session of the Town Council 9/5/96
Page 3 of 8
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AGENDA ITEM#16-CONSIDERATION OF INSTRUCTING STAFF TO INVESTIGATE IMPACT FEES
ON NEW HOME CONSTRUCTION FOR THE PURPOSE OF ASSISTING IN THE FUNDING OF PARKS,
RECREATION, STREETS, POLICE PROTECTION AND OTHER MUNICIPAL PURPOSES.
Town Manager Nordin provided the Council with information regarding impact or development fees. He explained
that state statutes set guidelines for development fees and fees collected should offset costs of providing public
services to specific developments. He explained that the Town could only impose development fees for services that
the Town had authority over such as police, parks and recreation and streets. The development fees, collected only
at the time of issuance of a building permit, were to be accounted for separately. He said the amount of the
development fees must bear a reasonable relationship to the cost for extra services imposed by the development.
He further suggested the Council consider hiring a consultant for the establishment of impact fees.
Councilman O'Brien referred to past discussions regarding developments fees versus the establishment of the local
sales tax fees and whether the increase in building fees was warranted by the burden of services required by the
Town. Vice Mayor Lawrence stated the Town, with a two million dollar carry-over amount from last year's budget,
would have difficulty proving a burden in the community existed. He said the building industry had been affected
by the enactment of the local sales tax, sanitary fee increases, and fire sprinkler mandates and that a development
fee might discourage development and revenues. He opposed staff spending time on an impact fee report.
No motion from the Council was made to continue with this matter.
AGENDA ITEM #17 - PUBLIC HEARING ON ORDINANCE 96-31, REZONING 3.57 ACRES OF LAND
FROM "C-1" ZONING DISTRICT TO "M-3 P.U.D." ZONING DISTRICT, LOCATED AT THE
NORTHEASTERN CORNER OF FOUNTAIN HILLS BOULEVARD AND KINGSTREE BOULEVARD AKA
LOT 2, BLOCK 2, PLAT 422. CASE #Z96-21
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:14 p.m. Director
of Community Development Gary Jeppson explained that this parcel was the only lot in the immediate area which
had been commercially zoned and that the developer had intended to build a 40-unit condominium complex. By
changing to "M-3 P.U.D." zoning, the height limit would be limited to 30' and the density would result with 11.2
units per acre. He stated the Planning & Zoning Commission had recommended approval of the rezone request.
Mr. Jeppson stated that the preliminary plat had not been received from the applicant as was customary when a
rezone was requested. Councilwoman Wiggishoff approved of the zoning change to multi-family residential zoning
and the height limitation of thirty feet.
Mr. Gordon Phelps,New American Homes, said 40 two-story, townhouse-type units were planned but the plans had
not been completed. Roy Wolfmeyer, President of the Lions Gate Homeowners Association, spoke in favor of the
zoning change request. Fred Pulve also spoke in favor of the zoning change.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:24 p.m.
AGENDA ITEM #18 - CONSIDERATION OF ORDINANCE 96-31, REZONING 3.57 ACRES OF LAND
FROM "C-1" ZONING DISTRICT TO "M-3 P.U.D." ZONING DISTRICT, LOCATED AT THE
NORTHEASTERN CORNER OF FOUNTAIN HILLS BOULEVARD AND KINGSTREE BOULEVARD AKA
LOT 2, BLOCK 2, PLAT 422. CASE #Z96-21
Councilman Poma MOVED to approve Ordinance 96-31. Councilman Apps SECONDED the motion which
CARRIED unanimously.
Minutes of the Regular Session of the Town Council 9/5/96
Page 4 of 8
AGENDA ITEM #19 - PUBLIC HEARING ON ORDINANCE 96-32, AMENDING THE TEXT OF THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, TO REDUCE THE MAXIMUM
BUILDING HEIGHT FROM 40 FEET TO 30 FEET IN THE R-3, R-4, R-5, M-1, M-2, AND M-3, ZONING
DISTRICTS.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:25 p.m. Director
of Community Development Gary Jeppson reported that approximately 1285 notices were sent to all property owners
within the affected zoned areas regarding this amendment. He said the ordinance would affect 25% of the maximum
of building height in the community and that the design alternatives would be limited significantly. He suggested
the architecture of buildings would be altered and the rooflines would be flat to keep within the height limitations.
He said the Planning & Zoning Commission had recommended to adopt the amendment with a 4-2 vote with one
abstention.
Margaret Gelinas said she desired to address the Council. Town Attorney Bill Farrell stated that since she had
declared a conflict of interest during the public hearing at the Planning & Zoning Commission meeting, she should
refrain from participating at this public hearing. Bill McGivern asked if plans had been submitted which included
buildings with 40' height. Mr. Jeppson affirmed there had been plans submitted. Michael Naim, a developer of the
Tokpaya project, said that with the 30' height restriction, approximately one-third of his development would be
affected. Town Attorney Bill Farrell stated that the property could be developed under the permissible uses for
which it was zoned and could not be deemed a'taking' of property. Gordon Pittsenbarger said the height restriction
could result in reduction of property values, offensive looking rooflines, and that it would have a negative impact
on the quality of buildings. Jerry Kirkendoll urged the Council to limit building heights to 30' in all zoning districts.
Deborah Brant spoke in opposition to the amendment. Dori Wittrig said she thought property values would be
lowered and that owners had the inherent right to develop their property using the existing zoning laws at the time
of purchase. Roy Dillard, owner of several multi-family zoned lots, stated he thought the 30' height limit could
result in a decreased number of units which could be built on a property and also that he estimated it could limit
high-end products by not having the capability to allow construction of vaulted ceilings.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:01 p.m.
AGENDA ITEM #20 - CONSIDERATION OF ORDINANCE 96-32, AMENDING THE TEXT OF THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, BY REDUCING THE MAXIMUM
BUILDING HEIGHT FROM 40 FEET TO 30 FEET IN THE R-3, R-4, R-5, M-1,M-2, AND M-3, ZONING
DISTRICTS.
Councilman Mower MOVED to approve Ordinance 96-32. Since there was no second to the motion, the motion
DIED.
AGENDA ITEM #21 - PUBLIC HEARING ON ORDINANCE 96-33, REZONING 3.1 ACRES LOCATED
AT THE NORTH WEST CORNER OF MONTEREY DRIVE AND SHEA BLVD. FROM "R-5" ZONING
DISTRICT TO "C-1" ZONING DISTRICT, CASE NUMBER Z96-17
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:02 p.m.
Planner Geir Sverdrup indicated the property subject to this rezone request was adjacent to other commercial property
and that the proposed plan was for the construction of commercial offices. Hank Lickman,Vice President of MCO
Properties, said his plans would enhance the visual entrance into Fountain Hills and that the proposed public art
project would be installed on this property at Shea & Saguaro Blvd. Mr. Sverdrup said the Planning & Zoning
Minutes of the Regular Session of the Town Council 9/5/96
Page 5 of 8
Commission had recommended approval with a 5-2 vote.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:07 p.m.
AGENDA ITEM#22-CONSIDERATION OF ORDINANCE 96-33,REZONING 3.1 ACRES LOCATED AT
THE NORTH WEST CORNER OF MONTEREY DRIVE AND SHEA BLVD. FROM "R-5" ZONING
DISTRICT TO "C-1" ZONING DISTRICT, CASE NUMBER Z96-17
Councilwoman Wiggishoff MOVED to approve Case Number Z96-17 to rezone the property at the northwest corner
of Monterey Drive and Shea Boulevard. Vice Mayor Lawrence SECONDED the motion which CARRIED
unanimously.
AGENDA ITEM#23-CONSIDERATION OF THE PRELIMINARY PLAT WHICH WOULD SUBDIVIDE
A 8.6 ACRE PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF MONTEREY DRIVE
AND SHEA BLVD. INTO SIX (6) PARCELS RANGING IN SIZE FROM 0.58 ACRES TO 1.75 ACRES,
CASE NUMBER S96-030
Planner Geir Sverdrup stated this preliminary plat would create six parcels which would surround the existing MCO
Realty building and that this plat was in conformance with the General Plan. He stated the Planning & Zoning
Commission had recommended approval with a 5-2 vote.
Vice Mayor Lawrence MOVED to approve the Preliminary Plat for Case Number S96-030 as presented.
Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously.
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AGENDA ITEM#24-PUBLIC HEARING ON ORDINANCE 96-34,AMENDING CHAPTER 7,PARKING
AND LOADING REQUIREMENTS,SECTION 7.03"DESIGN AND LOCATION OF PARKING SPACES",
OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CASE NUMBER Z96-24.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:10 p.m.
Mr. Jeppson stated the P&Z Commission had conducted a public hearing regarding a text amendment to eliminate
the permitted use of tandem parking to meet required off-street parking requirements and to mandate surfacing
materials for paving parking spaces,driveways and accessways. He said an alternative to eliminating tandem parking
would be to legislate no parking zones on town streets.
Michael Naim suggested guest parking requirements should be implemented and that tandem parking should remain
as an option.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:10 p.m.
AGENDA ITEM#25 - CONSIDERATION OF ORDINANCE 96-34, AMENDING CHAPTER 7, PARKING
AND LOADING REQUIREMENTS,SECTION 7.03 "DESIGN AND LOCATION OF PARKING SPACES",
OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CASE NUMBER Z96-24.
Minutes of the Regular Session of the Town Council 9/5/96
Page 6 of 8
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Councilman Mower MOVED to approve Ordinance 96-34 as presented. Councilman Apps SECONDED the motion.
Councilman O'Brien AMENDED the motion to delete 7.03(C) regarding tandem parking. Councilwoman
Nuir Wiggishoff SECONDED the amendment. A roll call vote on the amendment CARRIED with a 4-3 vote.
Councilmen Poma, Mower, and Vice Mayor Lawrence cast the nay votes. A roll call vote on the motion to approve
CARRIED with a 6-1 vote. Councilman Poma cast the nay vote.
AGENDA ITEM #26 - CALL TO THE PUBLIC.
No Dne came forward to speak from the public.
AGENDA ITEM #27 - PURSUANT TO A.R.S. 38-431.03.A.7.; A.R.S. 38-431.03.A.3.; AND A.R.S. 38-
431.03.A.3.4.; VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION
WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS
POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE
PURCHASE OR LEASE OF REAL PROPERTY; AND FOR DISCUSSIONS OR CONSULTATION FOR
LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY;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; RESPECTIVELY.
Vice Mayor Lawrence MOVED to go into Executive Session. Councilman Poma SECONDED the motion which
CARRIED unanimously. Mayor Miles recessed the Regular Session at 8:23 p.m.
AGENDA ITEM #28 - RETURN TO REGULAR SESSION.
Mayor Miles reconvened the Regular Session of the Town Council at 8:55 p.m.
AGENDA ITEM #29 - ADJOURNMENT.
Councilman Poma MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion which
CARRIED unanimously. Mayor Miles adjourned the meeting at 8:56 p.m.
Minutes of the Regular Session of the Town Council 9/5/96
Page 7 of 8
TOWN OF FOUNTAIN HILLS
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By: /G
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Je y Miles, ayor
ATTEST: 0.14.A.A.-t----`'-j l )4•L'14-4-A---/
Cassie B. Hansen, Town Clerk
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PREPARED BY: ���/� ` ��/_ mQ„J
Linda D. Lemm n, 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 5th day of September, 1996. I further certify that the meeting
was duly called and that a quorum was present.
DATED this 19th day of September, 1996.
41110, eykAA-A-;— iLn..4.."......)
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 9/5/96
Page 8 of 8