HomeMy WebLinkAbout1996.1017.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
Lor FOUNTAIN HILLS TOWN COUNCIL
OCTOBER 17, 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,October 17, 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 Brownie Troop 1059 and the invocation given by Father
Tot O'Dea from the Church of the Ascension, 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, Al Poma and Penfield Mower. Councilman Sid Apps was absent. Also present were Town
Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen,Director of Community Development
Gary Jeppson, Town Engineer Randy Harrel and Planner Jeff Valder.
Items#6, 8 and 9 were removed from the Consent Agenda for further discussion. Mayor Miles read the remainder
of the Consent Agenda which consisted of the following agenda items:
AGENDA ITEM#2-CONSIDERATION OF APPROVING THE MEETING MINUTES OF OCTOBER 3RD,
1996.
AGENDA ITEM #3 - CONSIDERATION OF THE RESOLUTION 1996-72, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE WESTERLY AND SOUTHERLY PROPERTY LINES OF LOT 47, BLOCK
1, PLAT 601A (16033 PRIMROSE), AS RECORDED IN BOOK 161 OF MAPS, PAGE 44, RECORDS OF
MARICOPA COUNTY, ARIZONA. (GELINAS - EA96-43)
AGENDA ITEM #4 - CONSIDERATION OF THE RESOLUTION 1996-73, RELATING TO
PARTICIPATION BY THE TOWN IN THE FORMATION OF AN ARIZONA MUNICIPAL WORKER'S
COMPENSATION POOL.
AGENDA ITEM#5 - CONSIDERATION OF THE FINAL PLAT FOR CHAMA ESTATES, A TWO UNIT
CONDOMINIUM PROJECT LOCATED AT 12265 NORTH CHAMA DRIVE AKA FINAL PLAT 206,
BLOCK 5, LOT 2; CASE NUMBER S96-050.
AGENDA ITEM#7 - CONSIDERATION OF THE REPLAT TO REMOVE THE COMMON PROPERTY
LINE BETWEEN LOTS 4 & 5, BLOCK 2, FINAL PLAT 201; CASE NUMBER S96-045.
AGENDA ITEM #10 - CONSIDERATION OF THE EXTENSION OF PREMISES/PATIO PERMIT
REQUEST SUBMITTED BY AL POMA FOR POMA'S RISTORANTE FOR SUNDAY,OCTOBER 20,1996.
AGENDA ITEM #11 - CONSIDERATION OF THE REVISED INTERGOVERNMENTAL AGREEMENT
BETWEEN THE SCHOOL DISTRICT AND THE TOWN FOR THE PALISADES BASKETBALL COURT
LIGHTS.
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:
Minutes of the Regular Session of the Town Council 10/17/96
�+► Page 1 of 8
Councilman Poma Abstained
Councilwoman Wiggishoff Aye
Councilman Mower Aye
Councilman O'Brien Aye
Vice Mayor Lawrence Aye
Mayor Miles Aye
The motion CARRIED.
AGENDA ITEM #13 - CONSIDERATION OF THE ARTS COUNCIL RECOMMENDATION TO
INCORPORATE A WATER FEATURE IN THE ENTRY MONUMENT AT THE CORNER OF SHEA
BOULEVARD AND PALISADES BOULEVARD.
Jackie Miles, speaking for the Public Arts Committee, reviewed the recommendations of the committee which
included a proposed water feature at Palisades and Shea Boulevard. She reported the water feature would use regular
water rather than effluent water. Councilman Mower said he was concerned about the 2 1/2' depth of the water
feature from a safety standpoint. Mrs. Miles said the committee had studied similar unprotected areas such as the
Avenue of the Fountains. Councilman O'Brien asked if there was an effluent line being constructed for Eagle
Mountain Subdivision. Greg Bielli, MCO Properties, answered that the temporary transmission system for Eagle
Mountain delivered effluent south of Shea through the lakes system. Vice Mayor Lawrence asked Mr.Bielli if MCO
was willing to financially support the recommendations of the Arts Committee. Mr. Bielli answered in the
affirmative. Vice Mayor Lawrence MOVED to approve the landscape feature for the corner of Shea Boulevard and
Palisades as presented by the Arts Council. Councilman Poma SECONDED the motion which CARRIED with a
5-1 vote. Councilman O'Brien cast the nay vote.
IIiv
AGENDA ITEM #6 - CONSIDERATION OF THE REPLAT OF LOTS 2 & 28, BLOCK 3, FINAL PLAT
605-C TO RE-ESTABLISH A PROPERTY LINE; CASE NUMBER S96-051.
This matter was deferred to the next Council meeting.
AGENDA ITEM #8 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE REQUEST
SUBMITTED BY JIM FLYNN FOR THE SUNRIDGE FOUNDATION FOR AN ANNUAL CHARITY
FUNDRAISER TO BE HELD ON SATURDAY, NOVEMBER 23, 1996 FROM 6:00 P.M. TO MIDNIGHT
AT THE SUNRIDGE CANYON GOLF CLUB.
Councilwoman Wiggishoff declared a conflict of interest. Vice Mayor Lawrence MOVED to approve the Special
Event Liquor License request for Sunridge Foundation. Councilman Poma SECONDED the motion which
CARRIED with 5 votes, Councilwoman Wiggishoff abstained from voting.
AGENDA ITEM #9 - CONSIDERATION OF THE EXTENSION OF PREMISES/PATIO PERMIT
REQUEST SUBMITTED BY JOEL FAVILLE FOR FAVILLE'S ON THE AVENUE FOR FRIDAY,
SATURDAY AND SUNDAY, NOVEMBER 8, 9 AND 10, 1996.
Town Clerk Cassie Hansen stated two stipulations previously included in the Marshal's staff report had been met
V Minutes of the Regular Session of the Town Council 10/17/96
Page 2 of 8
and another two stipulations had been added which required a revised drawing to secure the area between the
building and the patio area as well as the requirement for a certificate of insurance. Vice Mayor Lawrence MOVED
to approve the Extension of Premises request from Faville's with the two new stipulations per staff request dated
October 17th. Councilman Mower SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #12 - REPORT BY COUNCILWOMAN MARIANNE WIGGISHOFF ON THE
ACTIVITIES, FINDINGS AND RECOMMENDATIONS OF THE CHARTER CITY SUBCOMMITTEE.
Councilwoman Wiggishoff gave a slide-assisted presentation regarding information about becoming a charter city.
The Charter City Subcommittee consisted of Eleanor Bentson, Shirley Curry, Enrique Melendez, John Rosenquist
and Councilmen Apps, O'Brien and herself. She stated a survey had been taken of the 19 charter cities in the State
of Arizona and 11 of them had responded. Also the four cities whose charter efforts had failed were contacted. A
list was comprised of the survey results which indicated arguments for and against charter cities. It was the
recommendation of the Charter City Subcommittee to incorporate public debate and information sessions prior to
voting on the issue. The first issue the voters would decide was whether to change from a general law town to a
general law city. If that effort failed, the charter city process would end. If the effort passed, the next step would
be to proceed with becoming a charter city. Councilwoman Wiggishoff pointed out different aspects with
establishing a charter such as a clearly defined job description for the Mayor and Town Manager, the incorporation
of elements of the General Plan, matters concerning architectural design, the disposition of property and sales tax
changes as well as advisory elections, term limits, and residency requirements. If the voters elected to support a
charter, freeholders would be elected and would draft a charter within 90 days for voter approval. She stressed the
importance for providing information to the residents to encourage their participation.
Councilwoman Wiggishoff MOVED to direct staff to present a resolution in November for Council approval which
would place the initial question relative to becoming a general law city on the March, 1997 ballot. Councilman
O'Brien SECONDED the motion.
Mary Pilarinos spoke in favor of pursuing the charter process. Shirley Curry said she thought the charter process
might improve the Town's status for the future.
Councilman O'Brien reminded the Council that it could not be the supporting body to bring the charter issue forward
and asked for public participation. Councilwoman Wiggishoff said the Civic Association had indicated a willingness
to help educate the community. With a roll call vote, the motion CARRIED unanimously.
AGENDA ITEM #14 - CONSIDERATION OF ORDINANCE 96-42, RELATING TO THE PRIVILEGE
LICENSE TAX; AMENDING THE TOWN TAX CODE, SECTION 8A-447 AND REGULATION 8A-447.1
AND IMPOSING A TAX ON TRANSIENT LODGING;PROVIDING PENALTIES FOR THE VIOLATION
THEREOF; PROVIDING FOR SEVERABILITY AND DESIGNATING AN EFFECTIVE DATE.
Town Manager Nordin referred to comparative date supplied to the Council relative to percentages charged by cities
and towns in Arizona for a bed tax. Town Attorney Farrell stated the bed tax was an additional tax imposed on
transient lodging fees for occupants renting or leasing for a period of thirty days or less. He said a 3% rate was
recommended which was the same as Scottsdale's rate starting January 1, 1997. Councilman Mower MOVED to
approve Ordinance 96-42 as presented. Councilwoman Wiggishoff SECONDED the motion. Councilman Mower
asked if condos and casitas rented for a period of 30 days or less would be subject to the bed tax. Mr. Farrell
answered that they would be included. Councilman Poma asked how the Town would police the licensing of rental
condos. Mr. Nordin said staff used numerous efforts in an effort to license all businesses. Councilman O'Brien
MOVED to amend to approve an alternative rate of 2%. There was no second to the motion, the motion DIED.
Minutes of the Regular Session of the Town Council 10/17/96
Page 3 of 8
Councilman Poma MOVED to delete privately-owned condos from the requirement of imposing a bed tax. Attorney
Farrell stated the Model Cities Tax Code prevents exemptions to the wording for the bed tax provision.
Bruce Hansen, speaking as the liaison for the Public Affairs Committee of the Chamber of Commerce, asked the
Council to delay their decision regarding the bed tax and said there had not been sufficient time for community input.
Margaret Gelinas asked why the Town, which runs a large surplus every year, needed to impose another tax. Sam
Trivedi, who owns a 43-room hotel, opposed the tax but stated he would support it if the money were used to
support the tourism and economic development of Fountain Hills.
Mayor Miles stated that the number of building permits had dropped significantly but that population had increased.
He said the Mayor's Council for Economic Development had considered a joint marketing program to be conducted
by the Chamber, the Town and three major developers to promote Fountain Hills. He added that the allocation of
$21,000 had been budgeted for economic development and that the bed tax would aid in the recovery of those funds.
Vice Mayor Lawrence pointed out that transients using Town facilities would assist the Town in providing goods
and services by paying a bed tax. He MOVED to continue discussion until the first meeting in November,
November 7th. Councilman O'Brien SECONDED the motion which CARRIED with a 5-1 vote. Councilman
Mower cast the nay vote.
AGENDA ITEM #15 - CONSIDERATION OF APPROVING THE DEPARTMENT OF JUSTICE GRANT
AWARDED TO THE TOWN OF FOUNTAIN HILLS IN THE AMOUNT OF$150,000. THE THREE YEAR
GRANT PROVIDES 75% OF THE FUNDING FOR TWO COMMUNITY ORIENTED POLICING
OFFICERS IN THE MARSHAL'S DEPARTMENT.
Marshal Steve Gendler gave a brief history relative to the application for the grant which had recently been approved
to allow financing of two crime prevention officers. Marshal Gendler stated the grant monies would go into effect
November 1, 1996 and the balance to the Town would be approximately $15,000 per year. He said there would be
no obligation to retain these officers at the end of the three year period. Councilman Poma MOVED to approve
the $150,000 grant. Vice Mayor Lawrence SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #16 - CONSIDERATION OF AWARDING THE BID FOR THE PALISADES
BASKETBALL COURT LIGHTS.
Mr. Nordin reported that two bids had been submitted and that the bid from Olympic West had been withdrawn by
request. Vice Mayor Lawrence MOVED to approve the bid of Sellers and Sons in the amount of $32,616.
Councilman O'Brien SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #17 - PUBLIC HEARING TO RECEIVE COMMENTS FROM THE PUBLIC ON A
PROPOSED AMENDMENT TO THE ZONING FOR THE TOWN OF FOUNTAIN HILLS IN SECTION 5.11
LAND DISTURBANCE STANDARDS, TO IMPLEMENT THAT GRADUATED SLOPE METHOD
CONTAINED IN THE SECTION 504 OF THE SUBDIVISION ORDINANCE OF THE TOWN OF FOUNTAIN
HILLS, CASE NUMBER Z96-26.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:55 p.m. Gary
Jeppson, Director of Community Development, said the proposed amendment separated the grading standards from
existing platted lots prior to the effective date of the revised Subdivision Ordinance. He said the hillside standard
and the four times the footprint option would continue to exist for existing subdivisions and the graduated slope
1/4110,0 Minutes of the Regular Session of the Town Council 10/17/96
Page 4 of 8
approach would be the requirement and standard for grading for lots located in subdivision submitted after the
November 3, 1996 effective date. He added a statement regarding cut and fill requirements for road grading would
cry need to be reviewed as well as landscaping standards in Article 6 rather than revegetation standards and that all
subdivisions would be affected. He said the P&Z Commission had unanimously approved these amendments. Vice
Mayor Lawrence stated the existing platted lots should not be required to follow new landscaping standards and
deemed this amendment as inconsistent with other changes.
Margaret Gelinas asked the Council to view a site plan of an existing lot,prepared by staff, as a practical application
of the graduated slope plan amendment. Planner Jeff Valder explained the site plan application. Ms. Gelinas stated
the hillside protection transfer could result in total disturbance to the lot. She said larger homes constructed on larger
lots should be constructed so as to preserve the natural state of the desert, not total disturbance.
Michael Naim opposed the landscaping amendment as applied to existing lots.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:17 p.m.
AGENDA ITEM#18-CONSIDERATION OF ORDINANCE 96-43,WHICH,IF ADOPTED,WILL AMEND
SECTION 5.11 LAND DISTURBANCE STANDARDS OF THE ZONING ORDINANCE FOR THE TOWN OF
FOUNTAIN HILLS.
Councilwoman Wiggishoff MOVED to approve Ordinance 96-43. Councilman Mower SECONDED the motion.
Councilman O'Brien MOVED to amend the motion by deleting two sentences in 5.11 B.3.(A)1 regarding disturbance
if the lot was less than 12,000 square feet disturbance or lower than 6,000 square feet disturbance of the residual
area. Those two sentences started with the wording "notwithstanding" and "furthermore". Councilman Mower
SECONDED the motion. Town Attorney Farrell advised the Council that any substantial text changes should return
to the Planning&Zoning Commission for the advertised public hearing process. Councilman O'Brien WITHDREW
his motion to amend and further AMENDED the motion to include a request to the Planning&Zoning Commission
to consider an amendment to remove the two sentences as stipulated in a future meeting. Councilman Mower
SECONDED the amendment which CARRIED with a 4-2 vote. Vice Mayor Lawrence and Councilman Poma cast
the nay votes.
Vice Mayor Lawrence MOVED to amend the motion by reinserting all the stricken verbiage in Section 8 (A) and
then add the same verbiage as appears in Section B and than add the verbiage underlined in 8(A). Councilman Poma
SECONDED the amendment.
Mayor Miles stated he was in favor of applying landscaping standards to all lots but sympathized with Vice Mayor
Lawrence's concerns to initiate a separate amendment.
The amendment FAILED with a 3-3 vote. Councilmen Mower, O'Brien and Wiggishoff cast the nay votes. The
motion to approve Ordinance 96-43 CARRIED with a 5-1 vote. Councilman Poma cast the nay vote.
AGENDA ITEM #19 - CONSIDERATION OF THE FINAL PLAT FOR FOUR PEAKS VISTA
CONDOMINIUMS, A 13.764 ACRE, 212-UNIT CONDOMINIUM SUBDIVISION LOCATED WEST OF
FOUNTAIN HILLS BOULEVARD, SOUTH OF PALISADES BOULEVARD AND EAST OF
MOUNTAINSIDE DRIVE, CASE NUMBER S95-052.
Planner Jeff Valder stated the applicant, H.T. Capital Group, had worked for the last eighteen months to insure no
Minutes of the Regular Session of the Town Council 10/17/96
Page 5 of 8
cut and fill waivers would be needed and that all their structures were contained within the 40' height limit and
reported that all standards had been met. He said this large project included two and three story units with one
entrance onto Fountain Hills Boulevard along with an emergency access onto Mountainside Drive.
Councilman Mower indicated his opposition to the approval of the final plat even though it met the requirements
of the General Plan. He deemed it an unsuitable use of the property and called attention to the congested traffic
burden onto Fountain Hills Boulevard as well as safety concerns. He indicated the adjacent homes west of the
development would be adversely affected in value by this subdivision and stated that the previous Council and the
developer should have downsized the zoning of this parcel to "M-2". Mayor Miles said he thought this project was
a real tragedy for Fountain Hills and asked Mr. Farrell if there was any other alternative than to approve the
subdivision which he considered a real blight to the community. Mr. Farrell said he would look into legal
alternatives if a continuance was requested by the Council.
Vice Mayor Lawrence MOVED to approve the Final Plat of Four Peaks Vista Subdivision. Councilman Poma
SECONDED the motion. Councilman Mower MOVED to continue to the next meeting additional discussion
regarding the Final Plat of Four Peaks Vista Subdivision to allow counsel additional time to find a way to deny the
final plat. Mayor Miles SECONDED the motion. Councilwoman Wiggishoff said she agreed with Councilman
Mower's statements regarding the development of this subdivision but didn't agree with the reasons for continuing
discussion. The motion to continue FAILED with a 4-2 vote. Councilman Mower and Mayor Miles cast the aye
votes.
Councilman O'Brien stated he thought the applicant had fulfilled his requirements and indicated he didn't feel there
were reasonable grounds to deny the final plat approval. He said the Council had the authority to rezone property
against the property owners' will as a means to avoid conflicts concerning unwanted developments. Councilwoman
Wiggishoff stated staff had been asked to make a list of properties that were inconsistent with the General Plan and
that no action had been commenced by the Council.
John Rosenquist expressed his concerns regarding the congestion of the intersection of Fountain Hills Boulevard and
Palisades Boulevard.
Mike Horton, the developer of the Four Peaks Vista Subdivision, said he had worked diligently for the past eighteen
months with staff and had redesigned the project to 212 units from 299 units. He expressed his regret that the
Council felt his project was unacceptable.
The motion CARRIED with a 5-1 vote. Councilman Mower cast the nay vote.
AGENDA ITEM #20 - CONSIDERATION OF THE FINAL PLAT FOR THE LITTLE FOUNTAIN
CONDOMINIUMS, A 7.34 ACRE, 88-UNIT CONDOMINIUM SUBDIVISION LOCATED EAST OF
SAGUARO BOULEVARD, NORTH OF THE FOUNTAIN HILLS BAPTIST CHURCH AND SOUTH OF
HAGEN WASH, CASE NUMBER S95-084.
Planner Jeff Valder said the improvement plans had been adjusted to allow for an 8' buffer strip without a fence but
that the square footage requirements had not been met. In an effort to meet the requirements of protecting the
hillside protection area, staff proposed to allow a 6' strip around the construction area with the installation of a 6'
high permanently imbedded chain link fence around the entire hillside protection easement line. He said the
interpretation would result as a better solution for the assurance of the hillside easement protection. Councilwoman
Wiggishoff MOVED to approve the Final Plat for the Little Fountain Condominiums. Councilman O'Brien
SECONDED the motion. Mayor Miles,Councilman Poma and O'Brien all voiced their disapproval with the project
design as a blight on the community. The motion CARRIED unanimously.
Minutes of the Regular Session of the Town Council 10/17/96
Page 6 of 8
AGENDA ITEM #21 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE SUNRIDGE
CANYON PARCEL "D-NORTH" SUBDIVISION, A 25.406 ACRE, 54 LOT SUBDIVISION LOCATED
NORTH OF DESERT CANYON DRIVE AND WEST OF GOLDEN EAGLE BOULEVARD, CASE
41100 NUMBER S96-034.
Councilman Mower MOVED to approve the Preliminary Plat for Sunridge Canyon Parcel "D-North" as presented.
Councilwoman Wiggishoff SECONDED the motion. Ray Baldwin, Sunridge Canyon, stated the adjustment of the
final lot lines in the Area Specific Plan requires that the boundaries of the subdivision be the zoning district boundary
and that a rezone request would be forthcoming to cover that adjustment. He reminded the Council that this was
another subdivision in Sunridge Canyon that was below density requirements. The motion CARRIED unanimously.
AGENDA ITEM #22 - CALL TO THE PUBLIC.
Edwin Kehe expressed his concern about special use permits being issued to allow commercial antennaes to be
constructed in any zoning district.
AGENDA ITEM #23 - 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
Lor PENDING OR CONTEMPLATED LITIGATION; RESPECTIVELY.
Councilman Mower MOVED to go into Executive Session. Councilman Poma SECONDED the motion which
CARRIED unanimously. Mayor Miles recessed the Regular Session of the Town Council at 9:08 p.m.
AGENDA ITEM #24 - RETURN TO REGULAR SESSION.
Mayor Miles reconvened the Regular Session of the Town Council at 9:35 p.m.
AGENDA ITEM #25 - ADJOURNMENT.
Councilman Mower MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 9:35 p.m.
Caw Minutes of the Regular Session of the Town Council 10/17/96
Page 7 of 8
TOWN OF FOUNTAIN HILLS
By: *6.-•
rry Miles, ayor
1.2
A I hST:
Cassie B. Hansen, Town Clerk
PREPARED BY: c(: �'J , �•�� r- .✓
Linda D. Lemmen, Administrative Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting
held by the Town Council of Fountain Hills on the 17th day of October, 1996. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 7th day of November, 1996.
644'
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 10/17/96
Page 8 of 8