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HomeMy WebLinkAbout1996.1107.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 7, 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 7, 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 which was led by Girl Scout Troop 2012 and the invocation 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 announced that Agenda Items 13 and 14 were being removed from the Consent Agenda for further discussion. He read the remainder of the Consent Agenda which consisted of the following items: AGENDA ITEM#2- CONSIDERATION OF APPROVING THE MEETING MINUTES OF SEPTEMBER 24, 25TH, AND OCTOBER 17TH, 29, 1996. AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1996-74,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY EASEMENT ALONG THE SOUTHERLY PROPERTY LINE OF LOT 20, BLOCK 4, PLAT 605A (15817 E. MUSTANG), AS RECORDED IN DOCKET 10167 OF MAPS, PAGES 23-24, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATION. (PATKE - EA96-45) AGENDA ITEM#4-CONSIDERATION OF RESOLUTION 1996-75,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY EASEMENT ALONG THE EASTERLY PROPERTY LINE OF LOT 16,BLOCK 7,PLAT 203 (16307 E. EMERALD DRIVE),AS RECORDED IN BOOK 149 OF MAPS, PAGE 29, RECORDS OF MARICOPA COUNTY, ARIZONA. (LUKE - EA96-46) AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1996-77 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY EASEMENT ALONG THE SOUTHERLY PROPERTY LINE OF LOT 5, BLOCK 4, PLAT 604B (15415 E. PALOMINO BLVD), AS RECORDED IN BOOK 196 OF MAPS, PAGE 27, RECORDS OF MARICOPA COUNTY, ARIZONA. (LAGRECA - EA96-47) AGENDA ITEM#6-CONSIDERATION OF RESOLUTION 1996-78,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY EASEMENT ALONG THE SOUTHERLY PROPERTY LINE OF LOT 22, BLOCK 2, PLAT 107A (17303 CALIENTE DRIVE), AS RECORDED IN BOOK 149 OF MAPS, PAGE 18, RECORDS OF MARICOPA COUNTY, ARIZONA. (DWYER - EA96-44) AGENDA ITEM#7-CONSIDERATION OF RESOLUTION 1996-79,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY EASEMENT ALONG THE NORTHERLY PROPERTY LINE OF LOT 1, BLOCK 17,PLAT 601A (13450 N. MOUNTAINSIDE), Minutes of the Regular Session of the Town Council 11/7/96 Page 1 of 9 AS RECORDED IN BOOK 161 OF MAPS, PAGE 44, RECORDS OF MARICOPA COUNTY, ARIZONA. (SAINDON - EA96-37) AGENDA ITEM #8 - CONSIDERATION OF STREET NAME CHANGES AT SUNRIDGE CANYON PARCEL D-SOUTH. AGENDA ITEM #9 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE CHAMBER OF COMMERCE FOR THE THANKSGIVING DAY PARADE TO BE HELD ON THURSDAY, NOVEMBER 28, 1996 FROM 7:00 A.M. TO 11:00 A.M. THE ANNUAL EVENT WILL OCCUPY PORTIONS OF PANORAMA DRIVE, EL LAGO BOULEVARD FROM PANORAMA DRIVE TO SAGUARO BOULEVARD, SAGUARO BOULEVARD FROM EL LAGO BOULEVARD TO PALISADES BOULEVARD, AND PALISADES BOULEVARD FROM SAGUARO TO LA MONTANA. AGENDA ITEM #10 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE CHAMBER OF COMMERCE FOR THE "HOLIDAY AVENUE STROLL" TO BE HELD ON SATURDAY, DECEMBER 7TH, 1996 FROM 5:00 P.M. TO 7:30 P.M. CLOSURE OF THE AVENUE OF THE FOUNTAINS WILL BE REQUIRED. AGENDA ITEM #11 - CONSIDERATION OF THE REPLAT OF LOTS 2 & 28, BLOCK 3, FINAL PLAT 605-C TO RE-ESTABLISH A PROPERTY LINE; CASE NUMBER S96-051. AGENDA ITEM#12-CONSIDERATION OF A FINAL REPLAT OF LOTS 2 &3,BLOCK 4,FOUNTAIN HILLS FINAL PLAT 208 TO REMOVE THE COMMON PROPERTY LINE AND JOIN THE LOTS.CASE #96-054 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: 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. AGENDA ITEM #13 - CONSIDERATION OF A FINAL REPLAT OF LOTS 3, 4 & 5, BLOCK 4, FOUNTAIN HILLS FINAL PLAT 207 TO REMOVE THE COMMON PROPERTY LINES AND JOIN THE LOTS. CASE #96-055 AGENDA ITEM #14 - CONSIDERATION OF A FINAL REPLAT OF LOTS 14 & 15, BLOCK 1, FOUNTAIN HILLS FINAL PLAT 207 TO REMOVE THE COMMON PROPERTY LINE AND JOIN THE LOTS. CASE #96-056 Planner Geir Sverdrup explained that the reason for the final replat requests were to create a larger lot for a multi- family dwelling, the plans of which had not yet been submitted. He stated that the density would not be changed but that the replat would allow for flexibility in building design. Dan Kauffman, the developer for the property, clarified that no additional units would be added and extra open spaces would result. Vice Mayor Lawrence Low Minutes of the Regular Session of the Town Council 11/7/96 Page 2 of 9 MOVED to approve Agenda Items 13 and 14 as submitted by staff. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. L AGENDA ITEM #15 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE REQUEST SUBMITTED BY BRUCE CONKLIN FOR THE AMERICAN LEGION LOCATED AT 16850 EAST AVENUE OF THE FOUNTAINS. THE REQUEST IS FOR A FUNDRAISER DURING THE THANKSGIVING DAY PARADE ON THURSDAY,NOVEMBER 28,1996 FROM 8:00 A.M.TO 10:00 P.M. Councilman Apps MOVED to approve the Special Event Liquor License request for the American Legion. Vice Mayor Lawrence SECONDED the motion for purposes of discussion. Bruce Rogers, who spoke on behalf of the American Legion, read a letter from his club and stated this event was not a fundraiser but rather an opportunity for veterans who had participated in the Thanksgiving Day Parade to gather at the Legion headquarters. He requested that the Special Event Liquor License request be amended to an Extension of Premises permit to allow veterans and guests access to their location, not the general public. Town Attorney Farrell recommended the appropriate documents should be submitted in proper form before the Council could approve an Extension of Premises request. Councilman Poma suggested the matter could be placed on the agenda for the November 21, 1996 Council meeting which would allow the Legion enough time to process the request with the Liquor License Board, if approved by the Council. Mr. Rogers withdrew the Special Event Liquor License request. AGENDA ITEM #16 - CONSIDERATION OF RECONSIDERING THE TIME STIPULATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY THE AMERICAN LEGION FOR FRIDAY, SATURDAY AND SUNDAY, NOVEMBER 8TH, 9TH AND 10TH, 1996. Councilman Apps MOVED to reconsider the Special Event Liquor License request from the American Legion. Councilman Poma SECONDED the motion which CARRIED unanimously. Town Manager Paul Nordin told the Council the American Legion had requested two additional hours for a closing time on Friday night, November 8th of 8:00 p.m. The two other nights included in the permit would have a 6:00 p.m. closing time. Councilman Apps MOVED to approve the revised time stipulation for the American Legion's Special Event Liquor License for the hours on Friday,November 8th from 10:00 a.m. to 8:00 p.m. and on Saturday and Sunday, November 9th and 10th from 10:00 a.m. to 6:00 p.m. Councilman Poma SECONDED the motion. Vice Mayor Lawrence asked if there would be entertainment. Bruce Rogers, representing the American Legion, stated music would be provided from 5:00 p.m. to 8:00 p.m. on Friday and Saturday. He pointed out to the Council that his event should not be considered a beer garden. Councilman Apps said he wanted to go on record as being very supportive towards the American Legion and stated he would grant a public forum for any purpose the veterans requested. Vice Mayor Lawrence said even though he supported the American Legion's fundraising efforts,he would not approve any request for extension of hours as it might set a precedent for future requests. He also pointed out that vendors were required to close down their booths each day when the Fair ended at 5:00 p.m. and felt that a 6:00 p.m. closing time was adequate given his concerns about safety and security for others. A roll call vote on the motion resulted in a 4-3 vote. Councilmen Mower,O'Brien and Lawrence cast the nay votes. The motion CARRIED. AGENDA ITEM#17-CONSIDERATION OF AN APPLICATION FOR WINE FESTIVAL LICENSE/WINE Minutes of the Regular Session of the Town Council 11/7/96 Page 3 of 9 FAIR LICENSE SUBMITTED BY DONALD LAWRENCE MINCHELLA FOR KOKOPELLI WINERY, INC. THE LICENSE IS FOR A WINE TASTING AND SALES CONCESSION AT THE AMERICAN LEGION LOCATED AT 16850 EAST AVENUE OF THE FOUNTAINS DURING THE ART FAIR,FRIDAY, SATURDAY AND SUNDAY, NOVEMBER 8TH, 9TH AND 10TH. Town Clerk Cassie Hansen stated the application was a Class 16 festival license,and that the Arizona Liquor License Control Board had no objection to the request and that the serving hours would be 10:00 a.m. to 3:00 p.m. Councilman Apps MOVED to approve the Wine Festival license for Kokopelli Winery. Councilman Poma SECONDED the motion. Ron Jacobson, sales manager for Kokopelli Winery, told the Council his sales personnel would distribute nine varieties of wine in a 1.5 ounce sample which is half of what the State permits. Patrons could purchase closed bottles of wine and would not be allowed to open them. Mayor Miles expressed his concern with allowing more alcohol serving locations during the Fair. Councilwoman Wiggishoff said she favored the wine tasting request and did not consider it to be a detriment to the Fair. Councilman O'Brien asked Town Attorney Farrell if the Town had any liability if they approved the request. Mr. Farrell stated that the winery company and its staff would be singularly liable, not the Town. Councilman Apps asked if the winery would be subject to procuring a business privilege license. Mr. Farrell said he would review the matter and give his opinion the following morning. A roll call vote was taken and the motion to approve CARRIED with a 4-3 vote. Councilman Mower. Vice Mayor Lawrence and Mayor Miles cast the nay votes. AGENDA ITEM #18 - 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. THIS ITEM WAS CONTINUED FROM THE OCTOBER 17, 1996 COUNCIL MEETING. Town Attorney Bill Farrell reviewed the ordinance provisions regarding a 3% bed tax and noted that a 60-day notice must be given prior to enactment of the ordinance which would determine the effective date as February 1, 1997. Councilman Mower MOVED to approve Ordinance 96-42 as presented. Councilwoman Wiggishoff SECONDED the motion. Mayor Miles gave a presentation which demonstrated the pros and cons of a bed tax. He pointed out that with future decreasing revenues from building permits, the costs of taking over and improving Fountain Park and increased costs of police protection, the Town needed to find alternative sources of revenue. He suggested several changes could be made in the Zoning Ordinance which would promote construction of additional bed and breakfast rooms. Although the ordinance was not earmarked to provide for the promotion of the hospitality industry in Fountain Hills, Mayor Miles said it could be explored. Councilman O'Brien stated he thought the Town should start with a lower percent and MOVED to amend the motion to set the bed tax rate at 2%. Vice Mayor Lawrence SECONDED the motion. There was no comments from the public concerning the amendment which FAILED with a 5-2 vote. Councilman O'Brien and Vice Mayor Lawrence cast the aye votes. Councilwoman Wiggishoff indicated her approval for the ordinance and stated that all bed taxes would be funded into the Arizona Dept. of Revenue in the same manner as sales taxes and would not require additional staff time. Vice Mayor Lawrence said this tax was being collected for future needs which had not yet been determined and urged the Council to wait for five years or such time when the building industry activity had decreased. He said he was opposed to the timing of the tax and preferred to wait until the School District's financial override issues had been settled. Mayor Miles explained that the enactment of a bed tax now would be much easier than at a future date when more objections could be expected from more hotel and bed and breakfast unit owners. Vice Mayor Lawrence said the perception of another tax on the citizens would be a negative result of the adoption of the bed tax at this time. Councilman O'Brien said since the State collects .05% on rentals at the present time, an investigation of what gross revenues were reported should be completed to determine what revenues the Town could expect from a bed Minutes of the Regular Session of the Town Council 11/7/96 Page 4 of 9 tax. He also said he felt the revenues should promote the hospitality and tourism industry in the Town. Phyllis Kern said she felt the projection of revenues raised from bed taxes was not accurate and urged the Council to wait 6-8 years before approving an ordinance. She said she had collected 230 signatures in opposition to the tax, that the Chamber had not endorsed the idea as well as the local newspaper. Joe Strickler said he was opposed to the bed tax and that it was not justifiable. Mark Lesnick, owner of Sycamore Canyon Bed & Breakfast, said the tax was premature. Steve Pritulsky, Eagle Mountain, said construction plans for a 42-room hotel might be jeopardized if a bed tax were imposed at this time. Mayor Miles said efforts to encourage proposed amendments,fast-track building permit processing for transient units and spending of revenues to attract people to Fountain Hills were positive measures the Council could take to promote the Town. Joyce Szeliga asked the Council to delay the approval until the financial issues of the School District had been concluded. Mary Pilarinos asked if the Council could pass the ordinance now and set a future date for enactment of the ordinance based upon a certain number of rental rooms were available in the Town. Town Attorney Farrell said her idea was an impractical solution for the Council. Rich Tempelman, President of the Chamber of Commerce, expressed his opposition to the bed tax. He suggested information be provided as to the use of revenues from a bed tax,that no impact studies had been completed and suggested possible enforcement issues had not been determined. Sam Trevidi, owner of the Comfort Inn, said he opposed the approval of the bed tax but would support it if revenues were channeled into promotion of the tourism and hospitality industry of Fountain Hills. Councilman Mower viewed the future as a recessionary building period and said he expected extreme opposition in the future to a bed tax. A roll call vote on the motion to approve Ordinance 96-42 was taken with a 4-3 vote. Vice Mayor Lawrence, Councilman O'Brien and Apps cast the nay votes. The motion CARRIED. AGENDA ITEM #19 - CONSIDERATION OF ORDINANCE 96-44, AMENDING THE TOWN CODE, CHAPTER 3, ADMINISTRATION, ARTICLE 3-3, PURCHASING, SECTION 3-3-7, LOWEST RESPONSIBLE BIDDER AND BY ADDING A NEW SECTION 3-3-14, LOCAL PREFERENCE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Town Manager Paul Nordin stated discussions concerning the bidding procedures for the Town had resulted in a perceived need to boost local businesses. Councilman Apps MOVED to approve Ordinance 96-44 as presented. Councilwoman Wiggishoff SECONDED the motion. Jack Bercel spoke in favor of the ordinance. Wally Hudson asked for clarification as to the limits of dollar amounts on bids. Town Attorney Bill Farrell stated that a business seeking preference under this ordinance must have been in business within the town for twelve years and that town vendor's bids for services and contracts under $10,000 would be accepted if they were not more than 5% of the lowest bid. Councilman Apps stated that a formal type of procurement system was being established. The motion CARRIED unanimously. AGENDA ITEM#20- CONSIDERATION OF THE TOWN COUNCIL INITIATING THE REZONING OF LOTS 1-3 OF THE TOKPELA SUBDIVISION, LOCATED EAST OF MOUNTAINSIDE DRIVE, SOUTH OF LOT #4 ON PALISADES BOULEVARD, AND NORTH OF THE SHEPHERD OF THE HILLS LUTHERAN CHURCH, FROM "R-4" TO "M-1". Councilman Mower stated that since the General Plan had recommended "M-1" zoning in the area in question, the Council should rezone it to authorize the land to be used as it was originally planned for. He MOVED to direct staff to begin initiating the rezoning of Lots 1-3 of the Tokpela Subdivision to "M-1". Mayor Miles SECONDED Minutes of the Regular Session of the Town Council 11/7/96 Page 5 of 9 the motion. Councilman Poma pointed out that since preliminary plans had already been submitted for the subdivision, an expensive lawsuit was imminent. He opposed the rezoning of that parcel. Councilman O'Brien asked if there was no affect to rezoning the property, why should the Council consider it. He suggested measures be taken by staff to confirm strategy for all parcels not presently conforming to the General Plan for rezone actions. Wiggishoff agreed and stated that targeting one project would ultimately lead the Town into a lawsuit. The motion FAILED with a 6-1 vote. Councilman Mower cast the aye vote. AGENDA ITEM #21 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS,CHAPTER 5,SECTION 5.11.B.2., TO CHANGE THE GRADING STANDARDS ON UNPLATTED LAND FROM THE HILLSIDE DISTURBANCE STANDARDS TO THE GRADUATED SLOPE DISTURBANCE LIMITATIONS CONTAINED IN ARTICLE V., SECTION 504 OF THE SUBDIVISION ORDINANCE OF THE TOWN OF FOUNTAIN HILLS. Community Development Director Gary Jeppson asked the Council to consider initiating an amendment to the Zoning Ordinance and explained that present grading standards for unplatted lands permitted varying degrees of disturbance equivalent to the lot coverage percentage prescribed in zoning districts. He said the amendment would compel the grading of unplatted lands to conform to the recently approved Subdivision Ordinance by requiring the graduated slope approach rather than hillside disturbance calculations. Councilman Mower MOVED to direct staff to initiate the amendment to make unplatted lands comply with the Subdivision Ordinance, Article V., Section 504.A. Councilman Poma SECONDED the motion which CARRIED unanimously. The amendment would initially be started at a Planning & Zoning Commission public hearing. fiklbr AGENDA ITEM #22 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 10, TO CREATE THE "N" ZONES TO PROVIDE THE OPPORTUNITY FOR LANDOWNERS TO SEEK NEW ZONING DISTRICTS TO INCREASE THE MAXIMUM LOT COVERAGE PERCENTAGES IN THE R-190,R1-43, R1-35 AND R1-35H ZONING DISTRICTS AND ASSURE THAT THE MAXIMUM DISTURBANCE ON ANY ONE LOT WILL NOT EXCEED A SPECIFIED AMOUNT OF SQUARE FOOTAGE. Mr. Jeppson pointed out to the Council that the creation of "N" zones would allow for greater lot coverage in R- 190N, R1-43N, RI-35N, and R1-35HN zoning districts. Another aspect in this amendment would change the distance between buildings from 6' to 10' in the proposed districts. Councilman Apps MOVED to direct staff to initiate an amendment to the Zoning Ordinance to create the "N" zones as presented. Councilman Poma SECONDED the motion. • Vice Mayor Lawrence said he approved of the proposed amendment as a resolution to the regulations in the Subdivision Ordinance regarding grading standards. Margaret Gelinas, a member of the Planning & Zoning Commission, told the Council she proposed the amendment in order to avoid the mass grading of lots at both the subdividing stage and building stage. She said the "N" zones would create a limitation on the maximum amount of land area, even it the lot disturbance allowance permits greater disturbance. She reported that she had received the support of MCO Properties and the Licensed Contractors Association and that they would comply with the caps on disturbance. Bruce Hansen, Chairman of the P&Z Commission, told the Council he supported the amendment as it was more appropriate to consider it at this time rather than during the Subdivision Ordinance hearings. Councilman Apps applauded the joint effort between the contractors to avoid mass grading disturbances. The motion Minutes of the Regular Session of the Town Council 11/7/96 Page 6 of 9 CARRIED unanimously. L AGENDA ITEM #23 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 6, SECTION 6.05, TO PERMIT PERMANENT OFF-PREMISE SIGNS IN MASTER-PLANNED VILLAGES. Mr. Jeppson explained that this proposed amendment would permit permanent off-premise signs in master-planned villages containing at least 200 acres by a single developer. The sign height and size would be regulated and non- illuminated signs would be removed after subdivisions were completed and the model homes were sold. He said no temporary signs would be allowed. Vice Mayor Lawrence MOVED to direct staff to initiate an amendment to the Zoning Ordinance for permanent off-premise signs. Councilman Poma SECONDED the motion which CARRIED unanimously. AGENDA ITEM #24 - CONSIDERATION OF ORDINANCE #96-45, CORRECTING THE REFERENCE TO SPECIFIC LOT NUMBERS CONTAINED IN ORDINANCE #95-27, AS A RESULT OF THE RENUMBERING AND RECONFIGURING OF LOTS IN PLAT 606A. Mr.Jeppson stated that Ordinance 96-45 clarified the numbers of the lots that needed reduced lot widths and reduced setbacks in Plat 606 which would create the replat to be known as Plat 606A. Vice Mayor Lawrence MOVED to approve Ordinance 96-45 as presented. Councilman Mower SECONDED the motion which CARRIED unanimously. Councilwoman Wiggishoff commended MCO Properties in the development designs of this plat and efforts to minimize disturbance. AGENDA ITEM#25 - CONSIDERATION OF THE FINAL PLAT OF PLAT 606A,WHICH IS A REPLAT OF PLAT 606, A 133.56 ACRE DEVELOPMENT LOCATED EAST OF PALISADES BOULEVARD, NORTH OF RIDGEWAY DRIVE, SOUTH OF SAGE DRIVE, AND WEST OF GREYSTONE DRIVE. Mr. Jeppson stated that the reconfigured lots of Plat 606A provided for the installation of sewer lines into the roadway rather than previously designed. Vice Mayor Lawrence MOVED to approve the Final Plat of Plat 606A as presented. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM #26 - CONSIDERATION OF A PARTICIPATION AGREEMENT FOR TOKPELA. AGENDA ITEM #27 - CONSIDERATION OF A PARTICIPATION AGREEMENT FOR LITTLE FOUNTAINSBAPTIST CHURCH. Both Agenda Items#26 and#27 were discussed at the same time. Town Engineer Randy Harrell pointed out that participation agreements were a stipulation of the final plat approval in both subdivisions and recommended approval of them. Vice Mayor Lawrence MOVED to approve the Participation Agreements for Tokpela and Little Fountains Subdivision as presented. Councilman Poma SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 11/7/96 Page 7 of 9 AGENDA ITEM#28- CONSIDERATION OF MANAGER'S 1996-97 PROPOSED PROGRAM OF WORK. This matter was postponed until the November 21, 1996 Council Meeting. AGENDA ITEM #29 - CALL TO THE PUBLIC. Mayor Miles reviewed several changes to the Zoning Ordinance he would be presenting in the near future. He proposed to allow up to four bedrooms in Bed & Breakfast locations under the R-1 zoning with 35,000 or greater square feet and up to 12 units in multi-family zoned districts. He also proposed to review the allocation of bed tax revenues and stated the Council should be pro-active to the business community. AGENDA ITEM #30 - 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. Councilman Poma MOVED to go into Executive Session. Councilman Apps SECONDED the motion which CARRIED unanimously. Mayor Miles recessed the Regular Session of the Town Council at 9:17 p.m. AGENDA ITEM #31 - RETURN TO REGULAR SESSION. Mayor Miles reconvened the Regular Session at 9:50 p.m. AGENDA ITEM #32 - ADJOURNMENT. Vice Mayor Lawrence MOVED to adjourn the meeting. Councilman Mower SECONDED the motion which CARRIED unanimously. The meeting adjourned at 9:50 p.m. Minutes of the Regular Session of the Town Council 11/7/96 Page 8 of 9 TOWN OF FOUNTAIN HILLS B y: Je Miles ayor A I"1'EST: :(t.Ll� `1,6 K d� Cassie B. Hansen, Town lerk PREPARED BY: 49- �� ✓ 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 7th day of November, 1996. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st day of November, 1996. >ti Cti Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 11/7/96 Page 9 of 9