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HomeMy WebLinkAbout1997.0417.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 17, 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, April 17, 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 by Boy Scouts Brett Betz and Ryan Corriero from Troop 243 and the invocation by Councilman Lawrence, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles,Vice Mayor Bill O'Brien and Councilmembers Don Lawrence, 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 Planner Jeff Valder. Mayor Miles read the Consent Agenda which consisted of the following agenda items. Agenda Items 7 & 9 were removed for further discussion. AGENDA ITEM#2- CONSIDERATION OF APPROVING THE MEETING MINUTES OF APRIL 3, 1997. AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1997-14, AMENDING THE ADOPTION AGREEMENT FOR ICMA RETIREMENT PROTOTYPE MONEY PURCHASE PLAN FOR TOWN EMPLOYEES. AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1997-15, AMENDING THE ADOPTION AGREEMENT FOR ICMA RETIREMENT PROTOTYPE MONEY PURCHASE PLAN FOR THE TOWN MANAGER. AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1997-16, AMENDING THE AETNA 457 RETIREMENT AGREEMENT FOR TOWN EMPLOYEES. AGENDA ITEM#6-CONSIDERATION OF RESOLUTION 1997-17,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY PROPERTY LINE OF LOT 7, BLOCK 2, PLAT 506B (15051 GREENE VALLEY DRIVE), AS RECORDED IN BOOK 159, PAGE 3, RECORDS OF MARICOPA COUNTY, ARIZONA. (CARMEN - EA97-08) AGENDA ITEM#8-CONSIDERATION OF THE FINAL REPLAT JOINING LOTS 49&50,FINAL PLAT 414, LOCATED AT THE NORTHWEST CORNER OF SAGUARO BLVD. AND TECHNOLOGY DRIVE, CASE#S97-021. AGENDA ITEM#10-CONSIDERATION OF FINAL PLAT FOR CASA BELLA CONDOMINIUMS,A 36- UNIT CONDOMINIUM PROJECT,LOCATED AT 16616 E.GUNSIGHT DRIVE AKA LOT 14A,BLOCK 1, PLAT 207, CASE #S97-019. Councilman Mower MOVED to approve the Consent Agenda, items #2 through#6 and#8 and #10. Councilman Apps SECONDED the motion. A roll call vote was taken with the following results: Minutes of the Regular Session of the Town Council 04/17/97 Page 1 of 9 Councilman Apps Aye Councilman Lawrence Aye Ler Councilman Mower Aye Vice Mayor O'Brien Aye Councilman Poma Aye Councilwoman Wiggishoff Aye Mayor Miles Aye The motion CARRIED. AGENDA ITEM #7 - CONSIDERATION OF PARTICIPATION AGREEMENT FOR CUESTA ACRES. Mayor Miles related that the applicant and staff had requested the continuance of this matter to the next Council meeting. Councilman Poma MOVED to table discussion regarding Cuesta Acres until the next regularly scheduled Council meeting, May 1, 1997. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM#9- CONSIDERATION OF THE ADDITIONAL PERSONNEL REQUEST SUBMITTED BY MAGISTRATE SHOOB FOR A PART-TIME COURT ASSISTANT. Councilman Apps commended Magistrate Shoob for his excellent service and predicted that the case workload might someday mandate a full-time counsel for the Court. Councilman Apps MOVED to approve the additional personnel request submitted by Magistrate Shoob. Councilman Poma SECONDED the motion which CARRIED unanimously. AGENDA ITEM #11 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Magistrate Shoob presented his report for the month of March which indicated 435 cases filed and 358 cases closed. He reported that the Court had 300 more criminal and criminal traffic cases than last year which he attributed to increased population, additional activity in the community and more citizens contesting their cases. AGENDA ITEM#12-CONSIDERATION OF THE FUTURE PLANNING OF LAW ENFORCEMENT FOR FOUNTAIN HILLS INCLUDING DISCUSSION OF ESTABLISHING A LOCAL POLICE DEPARTMENT OR CONTINUING TO CONTRACT WITH THE MARICOPA COUNTY SHERIFF'S OFFICE. Town Manager Nordin and Marshal Gendler presented an explanation for continuing with the combined force, both a Marshal's Department and contract services with MCSO, in a visual presentation. He stated the existing level of service would require 1.5 officers for each 1,000 in population and that budget figures were derived with the estimated provision of 27 officers. He said both Oro Valley and Paradise Valley had excessive law enforcement budgets because their ratio exceeded the normal 1.5 officers/I,000. He stated Sedona Police Department had indicated a lower budget figure due to lower salaries of officers in the remote location of Sedona. He projected a starting date for a split force model to be July 1, 1998 with an estimated population at that time of 18,000. He said averages for police salaries were taken using the current Town of Gilbert wages. Also in projecting the budget figures,the reserve officers were discounted because the yearly service levels and expenses were difficult to estimate. He reviewed the breakdown of start-up costs for a police department of$375,850. He estimated a budget total for a police department of$1,860,000. Minutes of the Regular Session of the Town Council 04/17/97 Page 2 of 9 Marshal Gendler presented a breakdown of costs for the continuation of the Marshal's Department and Sheriff's Office services. He estimated the continued expenses to be $1.8 million which is comparable to costs associated with a police department. He said the Marshal's Department would consist of 9 officers and the remainder would be provided by MCSO. Marshal Gendler reviewed costs, levels of service, the issue of liability as factors considered in budget figure preparation and the issue of control such as community based policing as an additional item to consider. Bryan Cady, an economist and Fountain Hills resident, reviewed a study from the Western Economists Association Journal relating to the Los Angeles County police services. The study pointed out that inefficiencies were created as a result of consolidation of services. Sam DiGuiseppe supported the Marshal's Department because the officers know the citizens and the streets in the Town and would be more able to give better service. He also suggested the incorporation of the Marshal's Dept. and the Sheriff's Department would alleviate major expenditures. Raymond Feller spoke regarding the indemnification clause in the IGA regarding weapons liability issues and that the current contract was not favorable to the Town. Charlie Fox recommended that the Council establish a local police department and to continue with the contract services from MCSO. Nick Arvida asked about the Marshal Gendler's qualifications, upgrading equipment costs, and about special services such as helicopter and a SWAT team. Jerry Sheridan, Deputy Chief of MCSO, stated the Sheriff's officers were familiar with the citizens and the Town. He also stated that posse members carry firearms and were required to submit to the same training as regular police officers. Mayor Miles asked the Council for their comments. Vice Mayor O'Brien stated he thought there was room for improvement in the current contract with MCSO but that there was no compelling reason to change to a police department. He favored more local control of the contract. Councilman Mower said he had been an advocate for a local police force. He wanted the Sheriff's Department to specify the enhancements included under a renewed contract with the inclusion of a 180 day cancellation clause. Councilman Apps suggested a task force be established and include public input. Councilwoman Wiggishoff said she supported the continuation of the present split force model with some added enhancements. She commended the Marshal's Department for their services which lw represented an element of local control. She also commended the Sheriff's Department for their services and technical resources as well as experience of their manpower. She pointed out that surveys conducted by MCO Properties had indicated a 95% approval rating for both the Marshal's Department and the MCSO. She pointed out there were aspects to consider such as hiring of a lieutenant commander, procuring officers with a two-year commitment,the continuation of encouraging more teamwork between departments,and improved communications. Councilman Poma said he favored keeping the status quo and adding evening hours for the Marshal's Department to assist citizens with complaints. He said he was concerned about the Town being put on a waiting list for backup services from the County. Prior to Councilman Lawrence's comments,Marshal Gendler was asked to answer Mr.Arvida's questions. Marshal Gendler pointed out that the officers in the Marshal's Department were trained identically as the officers in the Sheriff's Department and had the same certifications and training requirements. He said fines collected by the Court were used to subsidize training costs. He pointed out that the Marshal's Department's responsibility was ordinance enforcement. He also explained there were no plans to include specialized services such as helicopter service and Swat teams because the Arizona Revised Statutes, Chapter 11, provided those services to local municipalities at no additional cost as the costs were included in state and county property taxes paid by residents. Town Manager Nordin reviewed the qualifications of Marshal Gendler. Marshal Gendler stated in the event of an emergency situation the County Sheriff's office would be contacted. If the MCSO could not assist immediately,the duty officer at the Department of Public Safety would be contacted for assistance. He pointed out that community based policing would aid in controlling the costs for a local police department. Councilman Lawrence commended Deputy Chief Sheridan's qualifications and experience of his officers. He offered that if a local police department was formed, the Town would have more control over the hiring, firing and disciplining of police officers to enable a better experienced caliber of people-oriented officers. He said he believed Minutes of the Regular Session of the Town Council 04/17/97 Page 3 of 9 the most efficient way to provide services and protection that the citizens expected and deserved was to form a local police department. Mayor Miles pointed out three personal examples where the MCSO officers did not know who he was or what was going on in the community. He also referred to the model from Paramount,CA which contained terms he thought might be included in a negotiated contract with the MCSO. Some of them included the town logo on the Sheriff's cars, the right to participate in hiring and'transfer of officers, and the requirement of a two-year committment for officers. Even though he supported a local police department, he suggested the formation of a sub- committee to include the Mayor, Town Manager, Town Attorney and two council members to draft a contract including the items mentioned to be submitted to MCSO. Councilwoman Wiggishoff and Councilman Mower volunteered to serve on the sub-committee. Councilman Apps suggested the public be allowed to participate in a task force. Councilman Lawrence pointed out the sub-committee meetings would be open to the public and that any citizen could attend and participate. Councilman Poma MOVED to retain the status quo with the Marshal's Department and MCSO contract and to form a sub-committee. There was no second to the motion, the motion DIED. Vice Mayor O'Brien MOVED to form a sub-committee that would begin their work so that negotiations toward an enhanced contract would be completed no later than six months prior to the expiration of the current contract. Councilwoman Wiggishoff SECONDED the motion which CARRIED with a 6-1 vote. Councilman Lawrence cast the nay vote. Mayor Miles then recessed the Town Council meeting for five minutes. He reconvened the meeting at 7:59 p.m. AGENDA ITEM #13 - CONSIDERATION OF ORDINANCE 97-12, CREATING CHAPTER 19 OF THE FOUNTAIN HILLS TOWN CODE TITLED,PUBLIC ART,WHICH CREATES A TOWN OF FOUNTAIN HILLS PUBLIC ART COMMISSION; PROVIDES FOR THE FUNDING AND ADMINISTRATION OF A PUBLIC ART PROGRAM; AND ESTABLISHES A PUBLIC ART FUND. (TABLED FROM 3/20/97) Councilwoman Wiggishoff MOVED to remove Agenda Item#13 from the table. Councilman O'Brien SECONDED the motion which was CARRIED unanimously. Mayor Miles reviewed the comments previously made by Hank Lickman,MCO Properties. He also called attention to a recent revision suggested by Councilman Poma that$10,000 be the maximum contribution from the Town each year. Mr.Lickman had supported the adoption of Ordinance 97-12 as long as MCO Properties would be given credit for the value of entrance monuments and features already constructed or being constructed in the Town. These were the public art sculpture at Shea& Saguaro valued at $80,000 of which MCO contributed$29,800, the water feature at Palisades & Shea valued at $535,000 and another monument at the northwest corner valued at $239,000. Mr. Lickman mentioned there were also plans for a lighted entry feature to be constructed at the western boundary of Fountain Hills at 144th Street and Shea Boulevard valued at$200,000. He requested this feature be included in the acknowledgements for compliance with the ordinance as MCO would be partially funding this project. Councilman Lawrence stated that by giving MCO Properties the financial credit for monuments and features planned or previously constructed,the Town would be exempting MCO from paying the tax other developers would be required to pay and deemed that exemption as inconsistent and unfair. Scott Pickering spoke against the language in the ordinance as having broad terms, political implications and legal conflict of interest issues. Walt Franklin asked if there had been a motion to approve the ordinance. Mayor miles answered that there had been such a motion made and seconded at the March 20, 1997 Council meeting which was now being discussed prior to the vote. Margie Van Zee, a member of the Arts Council, assured the public that the Arts Council would try to select proper public art for the program. She pointed out that the funds for public art would only be obtained from developers of new construction, not the taxpayers. Frederique Sinclair said she was unsure about the interpretation of what was considered as art and that the ordinance needed more consideration and Minutes of the Regular Session of the Town Council 04/17/97 Page 4 of 9 perhaps revised language. Steven Jones opposed the ordinance and suggested donations and monetary gifts would accomplish the need for public art. He said taxes should be imposed for necessary functions for a person's lifestyle, not art. Vice Mayor O'Brien said he was in favor of public art but that it was hard to define in concrete legislation and that the present language was inadequate. He defined public art as art in a public place which was life enhancing. He MOVED to amend the motion to include that the ordinance should only be applied to the public sector, eliminating the Town of any contributions,and that the Arts Council be encouraged to develop some type of incentive or award program for the private sector. Councilman Poma SECONDED the amendment. Councilwoman Wiggishoff suggested the public-private partnership aspect be started with the private sector being more voluntary than mandated and that the Town set a fixed yearly contribution as the start of an art bank. Councilman Lawrence opposed the amendment and stated he would not approve citizens' tax money to be spent for art purposes and suggested the Town establish a fund for acceptance of donations. Councilman Mower said he approved of a set amount of$10,000 for the Town's contributions. Walt Franklin supported the ordinance and urged the Council to approve the ordinance regardless whether the Town intended to fund a set dollar amount. He stated most of the progressive communities in Arizona provided for a percentage of art based on commercial, industrial and municipal development. He cited a need for funds to be contributed by the Town as an example of the Town's support of public art. Scott Pickering said he thought the language in the amendment should be revised prior to a vote of the Council. Councilwoman Wiggishoff MOVED to table discussion on Ordinance 97-12 for the purpose of rewriting the ordinance. Councilman Mower SECONDED the motion which CARRIED with a 5-2 roll call vote. Councilman Lawrence and O'Brien cast the nay votes. AGENDA ITEM#14 - CONSIDERATION OF ORDINANCE 97-13,AUTHORIZING AN EXCHANGE OF REAL PROPERTIES LOCATED WITHIN THE LIMITS OF THE INCORPORATED TOWN AND OF SUBSTANTIALLY EQUAL VALUE PURSUANT TO A.R.S. 9-407-A. AGENDA ITEM #15 - CONSIDERATION OF APPROVING THE DEVELOPMENT, TRANSFER AND EXCHANGE AGREEMENTS WITH MCO PROPERTIES,INC.FOR THE DOWNTOWN DEVELOPMENT PROJECT. (TABLED FROM 3/20/97) Town Attorney Farrell stated the Exchange Agreement, Development Agreement, the Transfer Agreement and an Addendum to the Transfer Agreement would provide for the exchange of two parcels with MCO, one owned by the Town and the other owned by MCO Properties, and would transfer ownership of the fountain and Fountain Park to the Town. He said the environmental aspects of the transfer had been completed regarding the necessity of an Aquafer Protection Permit, the easements to the Sanitary District had been recorded and the preliminary title reports had been submitted. He stated all of the documents were in order and the advertising requirements had also been completed. The Exchange Ordinance, Ordinance 97-13, states that the two parcels to be transferred were substantially the same in value and Mr.Farrell recommended approval. He said a Phase I environmental assessment of the lake in Fountain Park and the transfer parcels as well as additional testing had resulted in a legal analysis that was confirmed in several reports. Vice Mayor O'Brien MOVED the approval of the Development, Transfer and Exchange Agreements with MCO Properties as presented under Agenda Item #15. Councilwoman Wiggishoff SECONDED the motion. Lisa Fraverd said she was concerned about the high-density multi-family development that would be permitted in the downtown area in three parcels under these agreements. Jerry Kirkendoll urged the Council to approve the Minutes of the Regular Session of the Town Council 04/17/97 Page 5 of 9 agreements at this time. tiley Councilman Lawrence stated there had been two sets of tests and the last set of tests had raised questions with discussion for future tests of the lake around Fountain Park, primarily the leakage in the liner and concerns with the costs for the repair of the liner. He expressed it would be irresponsible for him to approve the agreements until all aspects concerning the possible leakage of the liner were resolved. Mayor Miles stated that nothing would happen concerning the downtown development until the agreements were approved. Councilman Mower said since the Town Attorney had approved of the documents and legal requirements were met, he would also approve the agreements. Councilwoman Wiggishoff said the Addendum to the Transfer Agreement provided a process to examine the condition of the edging and/or liner of the lake at a later date and included a cancellation clause. Councilman Apps said he felt comfortable with the agreements and would vote to approve them. Councilman Poma stated he didn't think it was the right time for the Town to be acquiring Fountain Park and assuming a huge debt for maintenance. Vice Mayor O'Brien thanked MCO Properties for their cooperation in completing the negotiations. The motion CARRIED with a 5-2 roll call vote. Councilman Lawrence and Poma cast the nay votes. Councilman Mower MOVED to approve Ordinance 97-13. Vice Mayor O'Brien SECONDED the motion which CARRIED with a 5-2 vote. Councilmen Lawrence and Poma cast the nay votes. AGENDA ITEM #16 - CONSIDERATION OF RESOLUTION 1997-12, CONCERNING THE ARIZONA MUNICIPAL WORKERS' COMPENSATION POOL "POOL". Town Manager Nordin said the previous reduction in insurance premiums had been revised due to an updated notice he had received. Previous savings of$9,500 now were revised to be a reduction in premiums of$21,218 because of the change in the experience modification factor. He stated the State Workmen Compensation Fund's new quote was $30,608. He further stated the Employee Benefits Committee had studied both the pros and cons of joining the Loy Pool and had recommended approval with a 4-3 vote. Councilwoman Wiggishoff MOVED to approve Resolution 1997-12 as presented. Vice Mayor O'Brien SECONDED the motion. Councilman Apps asked Town Attorney Farrell for a breakdown of the figures. Attorney Farrell stated the rate comparison for the State Compensation Fund reflected the net figures after dividends had been issued. Councilman Apps stated he didn't favor joining the Pool because the Town wouldn't be saving a considerable amount of money. He maintained that the right of freedom of choice was violated by managed care controls. Town Manager Nordin stated that both the State Fund and the Risk Pool had managed care. The motion CARRIED with a 6-1 vote. Councilman Apps cast the nay vote. AGENDA ITEM#17 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION TO REZONE 4.084t ACRES OF LAND WITHIN PARCEL "L" OF THE SUNRIDGE CANYON DEVELOPMENT FROM"R1-6A"TO THE"OSR"ZONING DISTRICT,.465±ACRES OF LAND WITHIN PARCEL "L" FROM "OSR" TO "R1-6A PUD", AND 9.7561t ACRES OF LAND WITHIN PARCEL "L" FROM "R1-6A" TO "R1-6A PUD", CASE NUMBER Z97-04. AGENDA ITEM#18- CONSIDERATION OF ORDINANCE 97-14, REZONING 4.084±ACRES OF LAND WITHIN PARCEL"L"OF THE SUNRIDGE CANYON DEVELOPMENT FROM"R1-6A"TO THE"OSR" ZONING DISTRICT, .465± ACRES OF LAND WITHIN PARCEL "L" FROM "OSR" TO "R1-6A PUD", Minutes of the Regular Session of the Town Council 04/17/97 Page 6 of 9 AND 9.7561± ACRES OF LAND WITHIN PARCEL "L" FROM "R1-6A" TO "R1-6A PUD", CASE NUMBER Z97-04. Mayor Miles said the applicant had requested a continuance. Councilwoman Wiggishoff MOVED to continue Agenda Items #17 and #18 to the next regular scheduled Council meeting. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM #19 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY FOR AMENDING CHAPTER 5 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS WHICH WOULD DISALLOW THE USE OF THE "FOUR TIMES THE FOOTPRINT" METHOD OF CALCULATING ALLOWABLE HILLSIDE DISTURBANCE IN ALL ZONING DISTRICTS EXCEPT FOR PLATTED LOTS IN SINGLE-FAMILY ZONED AREAS. THE AMENDMENT WOULD ALSO LIMIT DISTURBANCE ON UNPLATTED LANDS AT THE RATE ALLOWED FOR IN THE SUBDIVISION ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CASE NUMBER Z97-05. Mayor Miles recessed the Regular Session of the Town Council meeting and opened the public hearing at 9:09 p.m. Planner Jeff Valder said staff had prepared a revision to the "four times the footprint" rule in response to residents' concerns of the grading in the Tokpela Subdivision project and the remaining two lots. Mr. Valder said he had communicated with the residents and Councilman Mower had responded by initiating an amendment which would include the "four times the footprint" rule to only single-family lots in the determination of the amount of hillside disturbance. He suggested "R-2" lots also be included with this ordinance because they were smaller lots. Vice Mayor O'Brien approved of the revisions to the hillside disturbance standards but questioned the liability of changing the standards when projects had already started construction or were in the process of submitting plans. Mr. Valder stated the P&Z Commission had recommended the effective date remain the same as other ordinances, Ikire that being 30 days after publication. He said a presentation was made to the P&Z Commission for a project that could be impacted by the revisions but that there was no application on file in Town Hall. Margaret Gelinas said she understood that the "four times the footprint" rule was to make smaller single family lots with sloping topography more buildable and allowed multi-family and commercial lots an exemption. She deemed it the best interest for the Town to approve the changes in Ordinance 97-15. John Kavanagh suggested the impact could be lessened by providing three levels of footprint rules, one for single family,one for multi-story multi-family and one for single story multi-family dwellings. Mark Dohrmann,architect for a project planned by developer Richard Lee at Mountainside and Ponderosa,explained about the 53-unit multi-family project. The project was planned for two buildings, one with 34 units at the lower end and one with 18 units on a higher level built into the hillside. He stated the proposed change in Ordinance 97-15 would take away one acre of buildable land for his project, would necessitate smaller units, eliminate garages and require the project to be built on the higher level using the maximum height limitations. He asked the Council to either vote against this ordinance or allow the developer up to six months to submit plans under the current standards. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council meeting at 9:26 p.m. AGENDA ITEM #20 - CONSIDERATION OF ORDINANCE 97-15, AMENDING CHAPTER 5 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS WHICH WOULD DISALLOW THE USE OF THE "FOUR TIMES THE FOOTPRINT" METHOD OF CALCULATING ALLOWABLE HILLSIDE Minutes of the Regular Session of the Town Council 04/17/97 Page 7 of 9 DISTURBANCE IN ALL ZONING DISTRICTS EXCEPT FOR PLATTED LOTS IN SINGLE-FAMILY ZONED AREAS. THE AMENDMENT WOULD ALSO LIMIT DISTURBANCE ON UNPLATTED LANDS 41160, AT THE RATE ALLOWED FOR IN THE SUBDIVISION ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CASE NUMBER Z97-05. Councilman Mower MOVED to approve Ordinance 97-15 as presented. Councilman Apps SECONDED the motion. Vice Mayor O'Brien said he was concerned about the timing of the ordinance when projects in a concept stage would be affected. Councilman Lawrence said the drafting of an ordinance in response to planned developments seemed to be prejudicial in nature He stated the impact on a project could result in an inferior product and that lead time should be allowed. Councilman Mower disagreed and stated the change to delete the "four times the footprint" rule for multi-family dwellings was a coincidence in this case and that no individual had been targeted by an ordinance revision. He said the purpose of the revision was to maintain desert preservation and mass grading. Mayor Miles pointed out that the developer could still submit plans prior to the effective date of thirty days. Councilman Apps MOVED to amend the motion to include a 90-day effective date. Vice Mayor O'Brien SECONDED the amendment. Mark Tynan, attorney for the developer, stated six months would be needed to complete the plans for submittal and any other time would not be acceptable. He said the current plans included an overall height of 18' and that changes to the ordinance could impact his buildings to the 35' height limitation. He said he felt his client had been singled out as a result of the development of the Tokpela Subdivision. The vote on the amendment FAILED with a 5-2 roll call vote. Councilman Apps and Mayor Miles cast the aye votes. Councilman Lawrence MOVED to amend the motion to include a 120-day effective date. Councilman Poma SECONDED the amendment which CARRIED with a 5-2 roll call vote. Councilman Mower and Councilwoman Wiggishoff cast the nay votes. The vote on the motion to approve Ordinance 97-15 CARRIED with a 4-3 vote. Councilmen Lawrence and Poma and Vice Mayor O'Brien cast the nay votes. AGENDA ITEM #21 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5, SECTION 5.09 WALLS AND FENCES. A. HEIGHT. BY ALLOWING GREATER FENCE HEIGHTS FOR POOL ENCLOSURES AT RETAINING WALLS. Director of Community Development Gary Jeppson said problems had been presented when retaining walls over 18" in height in a terraced situation did not satisfy pool enclosure requirements. He said staff had studied the requirements in an effort to conform to other standards regarding fence heights. He explained that staff proposed an increase in the maximum fence height regulations and would not amend the pool enclosure requirements. He further stated an amendment must be initially sent to the Planning & Zoning Commission for a public hearing. Mayor Miles said he would appreciate a visual presentation and explanatory language when this amendment would be submitted to the Council. Councilman Lawrence MOVED to initiate an amendment regarding height restrictions for pool enclosure walls. Councilman Apps SECONDED the motion which CARRIED unanimously. Loy Minutes of the Regular Session of the Town Council 04/17/97 Page 8 of 9 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 came forward from the public to speak. AGENDA ITEM #23 - ADJOURNMENT. Councilman Lawrence MOVED to adjourn the meeting. Councilman Poma SECONDED the motion which CARRIED unanimously. The meeting adjourned at 9:46 p.m. TOWN OF FOUNTAIN HILLS By: Je Miles Yofi A 1-1EST: ( -:-�- .C-J /�- .C.� Cassie B. Hansen, Town Clerk L PREPARED BY: 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 April, 1997. I further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of May, 1997. Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 04/17/97 Page 9 of 9