HomeMy WebLinkAbout1997.0206.TCRM.Miniutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 6, 1997
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30
P.M.,Thursday,February 6, 1997, 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 Boy Scouts Justin Buttleman and Ben Pearson
from Troop#343 and the invocation given by Pastor Scott Von Lanken of the First Assembly of God Church, roll
call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry
Miles,Vice Mayor Don 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,Town Engineer Randy Harrel.and Planners Jeff Valder
and Geir Sverdrup.
Mayor Miles asked to removed Items 9, 10 and 11 from the Consent Agenda. He read the remaining matters which
consisted of the following Agenda Items:
AGENDA ITEM#2-CONSIDERATION OF APPROVING THE MEETING MINUTES OF JANUARY 7TH,
9TH, 14TH, 16TH, 21ST, 22ND, AND 23RD, 1997.
AGENDA ITEM#3-CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY SHARON
MORGAN FOR THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL GREAT
FAIR. THE EVENT WILL BE HELD FRIDAY,SATURDAY,FEBRUARY 21ST AND 22ND FROM 10:00
A.M. TO 5:00 P.M.; AND SUNDAY, FEBRUARY 23RD FROM 8:00 A.M. TO 5:00 P.M. THE EVENT
WILL REQUIRE THE CLOSURE OF SAGUARO BOULEVARD BETWEEN EL LAGO AND PARKVIEW
FROM 6:00 P.M. THURSDAY, FEBRUARY 20TH THRU 6:00 A.M. ON MONDAY, FEBRUARY 24TH.
THE AVENUE OF THE FOUNTAINS WILL BE CLOSED AT 5:30 P.M. ON THURSDAY, FEBRUARY
20TH.
AGENDA ITEM #4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY ED
ZERAMBO FOR THE SUNRISE KIWANIS FOR THE MOUNTAIN TO FOUNTAIN RACE TO BE HELD
IN CONJUNCTION WITH GREAT FAIR ACTIVITIES ON SATURDAY,FEBRUARY 22,1997 FROM 5:30
A.M. TO 10:30 A.M. NO ADDITIONAL STREETS WILL REQUIRE CLOSURE OTHER THAN THOSE
CLOSED FOR THE FAIR.
AGENDA ITEM #5 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE REQUEST
SUBMITTED BY BRUCE CONKLIN FOR THE AMERICAN LEGION POST 58 LOCATED AT 16850
EAST AVENUE OF THE FOUNTAINS. THE REQUEST IS FOR A SCHOLARSHIP FUND FUNDRAISER
DURING THE GREAT FAIR. THE HOURS OF OPERATION ARE 8:00 A.M.TO 9:00 P.M. ON FRIDAY
AND SATURDAY, FEBRUARY 21ST AND 22ND; AND 10:00 A.M. TO 9:00 P.M. ON SUNDAY,
FEBRUARY 23RD.
AGENDA ITEM #6 - CONSIDERATION OF AN EXTENSION OF PREMISES/PATIO PERMIT
SUBMITTED BY ROSEMARY BARRINGER FOR THE SILVER STEIN LOCATED AT 17030
ENTERPRISE DRIVE. THE PERMIT IS FOR FRIDAY,SATURDAY AND SUNDAY,FEBRUARY 21ST,
22ND AND 23RD DURING NORMAL BUSINESS HOURS.
Minutes of the Regular Session of the Town Council 02/06/97
Page 1 of 6
AGENDA ITEM #7 - CONSIDERATION OF AN EXTENSION OF PREMISE/PATIO PERMIT
SUBMITTED BY JIMMY CARRES FOR JIMMY'S FILLING STATION RESTAURANT LOCATED AT
11044 SAGUARO BOULEVARD. THE APPLICANT IS ADDING ADDITIONAL DINING SPACE TO THE
RESTAURANT AND IS REQUESTING A PERMANENT CHANGE OF AREA OF SERVICE FOR
EXISTING LIQUOR LICENSE #12072156.
AGENDA ITEM #8 - CONSIDERATION OF A PRELIMINARY PLAT FOR SUNFLOWER VILLA
CONDOMINIUMS, LOCATED IN PLAT 601A, BLOCK 2, LOT 1, AKA 16019 E. SUNFLOWER DRIVE,
CASE NUMBER S97-006.
AGENDA ITEM#12 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE PROPOSED PARCEL
"3B" OF THE EAGLE MOUNTAIN DEVELOPMENT, CASE NUMBER S96-032.
AGENDA ITEM #13 - CONSIDERATION OF RESOLUTION 1997-03, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE SOUTHERLY AND WESTERLY PROPERTY LINES OF LOT 14, BLOCK
1,PLAT 506A(16058 E. ASPEN DRIVE),AS RECORDED IN BOOK 159 OF MAPS,PAGE 30, RECORDS
OF MARICOPA COUNTY, ARIZONA. (MIELKE - EA97-01)
Councilman Apps MOVED to approve the Consent Agenda as read. Councilman Mower SECONDED the motion.
A roll call vote was taken with the following results:
Councilman Poma Aye
Councilwoman Wiggishoff Aye
Councilman Apps Aye
Vice Mayor Lawrence Aye
Councilman Mower Aye
Councilman O'Brien Aye
Lor Mayor Miles Aye
The motion CARRIED unanimously.
AGENDA ITEM #9 - CONSIDERATION OF THE PRELIMINARY PLAT FOR KENDALL
CONDOMINIUMS ONE, LOCATED IN PLAT 104, BLOCK 3, LOT 13, AKA 13816 KENDALL DRIVE,
CASE NUMBER S97-003.
AGENDA ITEM #10 - CONSIDERATION OF THE PRELIMINARY PLAT FOR KENDALL
CONDOMINIUMS TWO, LOCATED IN PLAT 104, BLOCK 3, LOT 14, AKA 13824 KENDALL DRIVE,
CASE NUMBER S97-005.
Mayor Miles asked for additional discussion regarding Agenda Items #9 and#10. He stated problems concerning
two-unit condominiums would be difficult to resolve because no possible majority could be obtained. He asked staff
whether the Council should consider a minimum number of condominiums be required or arbitration provisions
included as stipulations for approval. Town Attorney Farrell stated there had been changes in condominium laws
and requested a two-week delay to provide an opportunity for him to research options and alternatives. Vice Mayor
Lawrence said he preferred the Council approve these pending preliminary plats and discuss future changes which
would apply to future requests for plat approval. Director of Community Development Gary Jeppson stated there
were approximately 200 two-unit condominiums located in Fountain Hills at the present time and that there were
no records of any problems. Len Austin, project manager and designer for Mirage Homes, stated that there were
current provisions for arbitration in existing CC&R's for his condominium units.
Minutes of the Regular Session of the Town Council 02/06/97
Page 2 of 6
•
Vice Mayor Lawrence MOVED to approve Agenda Items #9 and #10. Councilwoman Wiggishoff SECONDED
the motion which CARRIED unanimously.
L
AGENDA ITEM#11 - CONSIDERATION OF THE FINAL REPLAT OF PLAT 208, BLOCK 5, LOTS 10,
11 AND 12, TO CREATE A SINGLE LOT, CASE NUMBER S97-002.
Town Engineer Randy Harrel reviewed two additional stipulations he requested be included in the approval of the
Final Replat for Plat 208, Block 5, Lots 10, 11 and 12. He suggested an 8' wide sidewalk be constructed on the
frontages of the two lots as well as the 20'-30'extension to the driveway and also that a fire hydrant be installed.
Greg Bielli, MCO Properties, said the stipulations were agreeable. Vice Mayor Lawrence MOVED to approve the
Final Replat, Case Number S97-002 including staff recommendations of the 8' sidewalk and the fire hydrant.
Councilman Apps SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #14 - CONVEYANCE OF POSITION OF VICE MAYOR TO COUNCILMAN O'BRIEN.
PER THE TOWN CODE, SECTION 2-2-2, EACH MEMBER OF THE TOWN COUNCIL, EXCEPT FOR
THE MAYOR, SHALL SERVE AN EIGHT MONTH TERM AS VICE MAYOR.
Councilman O'Brien assumed the Vice Mayor appointment for the next eight months.
AGENDA ITEM #15 - CONSIDERATION OF APPOINTING THREE CITIZENS TO THE BOARD OF
ADJUSTMENT TO FILL THE VACANCIES CAUSED BY EXPIRING TERMS.
Vice Mayor O'Brien MOVED to appoint Sam Nicholson, Fred Luft and Bill Blankenship to the Board of
Adjustment. Councilman Poma SECONDED the motion which CARRIED unanimously. Mayor Miles commended
Earl Stavely for his service on the Board.
AGENDA ITEM#16 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE PROPOSED PARCEL
"N-WEST PHASE II" OF THE SUNRIDGE CANYON DEVELOPMENT, CASE NUMBER S95-054.
Councilman Poma MOVED to approve the Preliminary Plat for Parcel "N-West Phase II". Councilwoman
Wiggishoff SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #17 - CONSIDERATION OF THE FINAL PLAT FOR PLAT 706 SUBDIVISION, A 8.6
ACRE, 7-LOT DEVELOPMENT, CASE #S96-030.
Planner Geir Sverdrup stated the location for this subdivision was the northwest corner of Monterey and Shea Blvd.
He stated the common parking area would be located throughout the commercial center development with three
entrances. After a review of the plat, Councilman Lawrence MOVED to approve the Final Plat for Plat 706
Subdivision. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously.
Minutes of the Regular Session of the Town Council 02/06/97
Page 3 of 6
AGENDA ITEM#18- CONSIDERATION OF ORDINANCE 96-56,AMEND SECTION 308 AND EXHIBIT
21 OF THE FOUNTAIN HILLS SUBDIVISION ORDINANCE BY REQUIRING OPEN SPACE TRACTS OF
LAND ADJACENT TO ROAD RIGHTS-OF-WAY.
Planner Jeff Valder stated the P&Z Commission had considered a change in the Subdivision Ordinance to regulate
larger lot projects where the lots were not graded with the improvements to the subdivision (custom lots). He said
this eliminated the creation of through lots as a separate parcel of land next to a road. He said the Council had
previously indicated their preference to place the parcel of land as part of a homeowner's association to insure
maintenance of the parcel. He indicated the P&Z Commission had recommended the language change to reflect new
text concerning larger lot subdivisions where all of the lots were at least 1/2 acre in size and were not previously
graded with the subdivision improvements. He stated a no-build or comparable easement would be platted rather
than create a separate tract of land. Mr. Valder said MCO Properties had requested a change in the ordinance to
substitute the size of a half-acre lot to a lot size of 18,000 square feet or larger.
Vice Mayor O'Brien MOVED to approve Ordinance 96-56. Councilman Mower SECONDED the motion. Greg
Bielli, MCO Properties, pointed out that the purpose of this ordinance was to establish the ownership of a 20' tract
of land. Councilman Lawrence MOVED to amend the motion to change the lot size to read 18,000 square feet or
larger rather than the half-acre size. Councilman Apps SECONDED the amendment. The amendment CARRIED
with a 6-1 roll call vote. Vice Mayor O'Brien cast the nay vote. The motion to approve Ordinance 96-56 as
amendmed CARRIED unanimously.
AGENDA ITEM #19 - DISCUSSION OF TRUCK ROUTE MODIFICATIONS/CHANGES REGARDING
PALISADES BOULEVARD,GOLDEN EAGLE BOULEVARD AND SHEA BOULEVARD WITH POSSIBLE
DIRECTION TO STAFF.
Town Engineer Randy Harrel started the discussion concerning truck route changes due to the opening of the new
Palisades Boulevard roadway. He asked the Council to consider adding Palisades Boulevard as well as a section
of Golden Eagle Boulevard from Palisades to Sierra Madre and Boulder Drive. He proposed the designation of Shea
Boulevard as an through or express truck route for usage by haulers from one side of town to another would alleviate
complaints. Also the elimination of Leo Drive as part of the truck route could be considered as there was no need
for trucks to use this residential area. Mr. Harrel asked the Council for direction with respect to drafting an
appropriate ordinance. Mayor Miles asked about the portion of Golden Eagle Boulevard. Mr. Harrel suggested the
usage of Golden Eagle Boulevard would prevent wider usage of other non-truck route streets. The concensus of the
Council was to approve the proposed truck routes. Town Manager Nordin stated an ordinance would be presented
at the next meeting.
AGENDA ITEM#20 - CONSIDERATION OF APPROVING ADDENDUM NO. 1, TOWN OF FOUNTAIN
HILLS CONSTRUCTION CONTRACT FOR GOLDEN EAGLE PARK, PHASE IV.
AGENDA ITEM #21 - CONSIDERATION OF APPROVING CHANGE ORDER NO. 1 TO THE
CONSTRUCTION CONTRACT FOR GOLDEN EAGLE PARK, PHASE IV.
Town Manager Nordin explained that Addendum #1 would award the three add alternates to the contractor,
Wellington West in the amount of $141,395. Change Order #1 was required for additional work requested by
Arizona Department of Water Resources in the amount of$44,314. Also included in the request for Change Order
#1 was an additional,$40,000 for project contingency.
Councilman Mower MOVED to approve Change Order#1 for the Contract#GEP96-010 and Addendum#1. Vice
Lor Minutes of the Regular Session of the Town Council 02/06/97
Page 4 of 6
Mayor O'Brien SECONDED the motion. Councilman Lawrence MOVED to amend the motion to provide an
additional amount of $40,000 for project contingency. Councilman Mower SECONDED the amendment which
CARRIED unanimously. The vote on the motion to approve Addendum No. 1 and Change Order No. 1 CARRIED
unanimously.
AGENDA ITEM#22 - CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE
BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS
BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE
ARIZONA OPEN MEETING LAW.)
No one from the public requested to speak.
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.1;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; AND FOR THE PURPOSE OF
DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT,
PROMOTION,DEMOTION,DISMISSAL,SALARIES,DISCIPLINING OR RESIGNATION OF A PUBLIC
OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT WITH THE
EXCEPTION OF SALARY DISCUSSIONS,AN OFFICER,APPOINTEE OR EMPLOYEE MAY DEMAND
THAT SUCH DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC
BODY MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL
NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN 24 HOURS FOR
THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION OR
CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING; RESPECTIVELY.
Vice Mayor O'Brien MOVED to go into Executive Session. Councilman Lawrence SECONDED the motion which
CARRIED unanimously. Mayor Miles recessed the Regular Session of the Town Council at 7:25 p.m.
AGENDA ITEM #24 - RETURN TO REGULAR SESSION.
Mayor Miles reconvened the Regular Session of the Town Council at 8:35 p.m.
AGENDA ITEM#25 - CONSIDERATION OF INCREASING THE MAXIMUM AUTHORIZED ANNUAL
EXPENDITURE FOR TOWN PROSECUTOR SERVICES FROM $72,000 TO $112,000 (OR A LESSOR
AMOUNT BETWEEN $72,000 AND $112,000).
Vice Mayor O'Brien MOVED to offer an additional $20,000 above the current cap. Councilman Mower
SECONDED the motion. Councilman Lawrence supported the motion and the Council's dedication to being tough
on crime, increasing law enforcement, and following through with appropriate funds. The motion CARRIED
unanimously.
Minutes of the Regular Session of the Town Council 02/06/97
Page 5 of 6
AGENDA ITEM #26 - ADJOURNMENT.
Councilman Lawrence MOVED to adjourn the meeting. Councilman Poma SECONDED the motion which was
CARRIED unanimously. Mayor Miles adjourned the meeting at 8:30 p.m.
TOWN OF FOUNTAIN HILLS
By: i
Je Miles, yor
A!-TEST: CA124-4-4-j5
,
Cassie B. Hansen, Town Clerk
PREPARED BY:
Linda D. Lemme , 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 6th day of February, 1997. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 20th day of February, 1997.
AL4,4.3
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 02/06/97
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