HomeMy WebLinkAbout1997.0605.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
JUNE 5, 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, June 5, 1997, in the Four Peaks Elementary School Activity Room, 17300 E. Calaveras Avenue,
Fountain Hills, AZ.
ROLL CALL-Following the pledge to the flag by Cub Scout Brett Bretz of Wolf Den#8 and the invocation given
by Pastor Don Schrage from the Trinity Lutheran Church, 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 Marianne Wiggishoff, Sid Apps, and Penfield Mower. Councilmen Lawrence and Poma were
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.
Mayor Miles read the Consent Agenda which consisted of the following agenda items. Item#4 was removed from
the Consent Agenda by Councilman Apps for further discussion.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF MAY 8TH,
15TH AND 20TH, 1997.
AGENDA ITEM #3 - CONSIDERATION OF THE COOPERATIVE STATE PURCHASE AGREEMENT
WITH THE STATE OF ARIZONA PERMITTING, PURSUANT TO A.R.S. 41-2641 ET SEQ., AND
A.A.C.R2-7-1001 ET SEQ.,THE TOWN TO PURCHASE MATERIALS AND SERVICES FROM VENDORS
AT THE PRICES AND TERMS CONTAINED IN CONTRACTS BETWEEN THE STATE AND THESE
VENDORS.
AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1997-24,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG WITH SOUTHERLY AND EASTERLY PROPERTY LINES OF LOT 8, BLOCK
3, PLAT 505C (15853 E. CENTIPEDE),AS RECORDED IN BOOK 158 OF MAPS, PAGE 242 RECORDS
OF MARICOPA COUNTY, ARIZONA. (CREED - EA 97-12).
AGENDA ITEM#6- CONSIDERATION OF A FINAL REPLAT COMBINING LOTS 5,6 & 7, BLOCK 3,
FINAL PLAT 102 INTO ONE LOT, LOCATED AT THE SOUTHWEST CORNER OF ALMONT DRIVE
AND CAMBRIA DRIVE, CASE #S97-028.
AGENDA ITEM#7 - CONSIDERATION OF THE FINAL PLAT FOR TOWN CENTER I,AN EIGHT (8)
LOT,46.4936 ACRE SUBDIVISION LOCATED WEST OF LAMONTANA DRIVE,SOUTH OF PALISADES
BOULEVARD(BETWEEN FOUNTAIN HILLS PLAZA AND PALISADES PLAZA),EAST OF FOUNTAIN
HILLS BOULEVARD,AND NORTH OF THE LAVIDA BUENA CONDOMINIUM DEVELOPMENT,THE
CIVIC CENTER PROPERTY, AND BETWEEN THE U.S. POST OFFICE AND THE CIVIC CENTER
PROPERTY.
AGENDA ITEM#8-CONSIDERATION OF A FINAL PLAT FOR ALLEN-WEST CONDOMINIUMS 258-
259,A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 14216 N.SAGUARO BLVD.,AKA lOT 19,
BLOCK 15, FINAL PLAT 104, CASE #97-015.
Minutes of the Regular Session of the Town Council 6/5/97
Page 1 of 7
Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Apps SECONDED the
motion. A roll call vote was taken with the following results:
Councilman Apps Aye
Councilman Mower Aye
Vice Mayor O'Brien Aye
Councilwoman Wiggishoff Aye
Mayor Miles Aye
The motion CARRIED.
AGENDA ITEM #4 - CONSIDERATION OF AWARDING THE BID FOR THE FINANCIAL
ACCOUNTING SOFTWARE PACKAGE TO A.E. KLAWITTER AND ASSOCIATES, INC. IN THE
AMOUNT OF $19,780.
Councilman Apps directed several concerns he had with the accounting software package to Peter Putterman,
Information Services. Mr. Putterman said A.E. Klawitter&Associates had been in business since at least 1984 and
that the program was compatible with existing software. He estimated annual technical support fees to be about
$2000 along with initial installation and training expenses of$3000.
Councilwoman Wiggishoff MOVED to approve the awarding of the bid for the financial software package to A.E.
Klawitter & Associates in the amount of$19,780. Councilman Apps SECONDED the motion which CARRIED
unanimously.
AGENDA ITEM#9-PUBLIC HEARING ON ORDINANCE 97-18,A PROPOSED AMENDMENT TO THE
"OFFICIAL ZONING DISTRICTS MAPS" OF THE ZONING ORDINANCE FOR THE TOWN OF
FOUNTAIN HILLS WHICH WOULD REZONE APPROXIMATELY 132 ACRES OF UNPLATTED LAND
LOCATED IN THE AREA COMMONLY REFERRED TO AS"LAKESIDE VILLAGE",FROM"R-5",R-3
RESIDENTIAL UNIT PLANNED #Z78-160", AND "R-4"; TO "R1-10"; CASE #Z97-07.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 6:35 p.m. He
reminded those present that the proposed amendment to the Zoning District Map required approval by six of the
seven Council members, and that since only five were present,no action would be taken at this meeting and a future
public hearing could be scheduled for September 4th.
Mr.Nordin briefly reviewed the vicinity map of the proposed rezoning and referred to the handout that was provided
to the audience that contained the proposed compromise from MCO and diagram of the area in the proposed
amendment. Mayor Miles showed slides regarding the presentation made at the last Council meeting by New
American Homes for the construction of 103-110 single family units and said they were compatible to an RI-10
zoning with certain concessions but no plans had been submitted to date. After meetings with MCO representatives
and several councilmembers,Mayor Miles said a compromise had been drafted which included terms prohibiting any
apartment units and two-story units, and that no more than 320 units be constructed on the parcel. He said MCO
had agreed that there would be no apartment units and no more than 320 units but had counter-offered that the ridge
areas would only be allowed single family units and that flatter areas would allow two-story units. He suggested
two alternatives, either to rezone the entire parcel to "R1-10" or to accept the proposal of MCO.
Gregg Bielli, Vice President of MCO Properties, said the ridgeline corridors and hilltop areas was sensitive to only
one story units or height limits of 22' to the roofline. He stated the New American Homes proposal provided for
only one story dwellings which would include the area commonly known as "Hotel Hill". He pointed out the
Minutes of the Regular Session of the Town Council 6/5/97
Page 2 of 7
locations for two-story development similar to the Fountainhead subdivision which would occur around the ridgeline
in flatter areas like Saguaro Boulevard. He stated MCO had committed not to construct apartments on the 132 acre
parcel. He said MCO had been concerned about the impact of land disturbance regulations and estimated that 23
acres would be affected.
Mayor Miles invited comments from the public. There were approximately 235 citizens in the audience. Comments
were made by Leesa Fraverd who urged the Council to defer voting until the rezone and General Plan amendment
be submitted to the Council on August 7th. Town Manager Nordin stated the earliest date for action on the rezone
of both parcels would be September 4th because the General Plan amendment would not be statutorily effective until
that time, 30 days after a Special Council meeting on August 4, 1997.
Other comments were made by Mike McClure who urged the Council to consider creating a citizen committee to
work with MCO to amend the General Plan; John Kavanagh asked if the compromise resulted with more units than
were allowed. Mayor Miles said the proposed compromise provided for a maximum of 320 units and that the
Subdivision Ordinance regulations would determine the ultimate allowable number. Fred Pulve, Director of the
Arizona Association of Realtors, supported a compromise which would not result in compensation to the owner or
future litigation. Steve Wells, Clint Foreman, Len Copetta, Lillian Copetta, Sharon Hutcheson,Jack Hostak, Carlos
Hadaway, Fred Meuter, Judy Dragiewicz, Andrea Pasztor, Bob Barbanica, Pete Lamonia, Mary Pilarinos, and Don
Owens also made additional comments.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:37 p.m.
AGENDA ITEM#10-CONSIDERATION OF ORDINANCE 97-18,AMENDING THE OFFICIAL ZONING
DISTRICTS MAPS OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY
DESIGNATING THE 132 ACRES OF HILLSIDE AREA FROM "R-5", R-3 RESIDENTIAL UNIT
PLANNED#Z78-160",AND"R-4";TO"R1-10";CASE#Z97-07;ESTABLISHING AN EFFECTIVE DATE
Chw FOR THE ORDINANCE; AND CONSIDERATION OF DIRECTING THE TOWN ATTORNEY TO
PREPARE A DRAFT DEVELOPMENT AGREEMENT IN ACCORDANCE WITH THE PROPOSAL FROM
MCO PROPERTIES.
Mayor Miles asked for comments regarding the continuance of the public hearing. Vice Mayor O'Brien asked if
the compromise was considered as a development agreement. Mayor Miles said a future agreement between the
Town and MCO would contain legal terms which provided for definitions as 'single story', and legally binding
language which would define the compromised issues. He stated the agreement was completed, the Council could
review the agreement and determine whether to proceed with the rezoning of the parcel or approve the agreement.
Councilman Mower urged MCO to consider reducing the number of acres of two-story units. Councilman Apps
supported any type of compromise and future study. Councilwoman Wiggishoff said she had always favored revising
zoning districts to fit the General Plan and that she was hopeful an agreement would be reached that considered
preservation, viewsheds and the community's best interests. Mayor Miles wanted to state for the record that anyone
contemplating to submit a development plan should be aware of the potential of the rezoning of this property.
Councilman Mower MOVED to continue the public hearing to September 4, 1997. Councilwoman Wiggishoff
SECONDED the motion which CARRIED unanimously.
Councilman O'Brien MOVED to refer the proposed MCO compromise letter to the Town Attorney to enable him
to meet with MCO's legal counsel to prepare a legal, binding agreement for consideration on September 4th.
Councilman Mower SECONDED the motion which CARRIED unanimously.
Mayor Miles recessed the Town Council meeting for ten minutes at 7:50 p.m. He reconvened the meeting at 8:00.
Minutes of the Regular Session of the Town Council 6/5/97
Page 3 of 7
AGENDA ITEM#11 -DISCUSSION OF THE CURRENT LEASH LAW FOR THE TOWN OF FOUNTAIN
HILLS WITH POSSIBLE DIRECTION TO STAFF.
Councilman Apps said he was concerned with the current enforcement of the leash law at Fountain Park. Marshal
Steve Gendler stated a task force had been formed with the officers who were on duty during the early morning
hours to encourage dog owners to pick up their dog's waste and informing residents not to let their dogs run at large.
Mayor Miles asked Marshal Gendler if the leash law, as written, was adequate. Marshal Gendler answered that the
leash law ordinance was clear in its language about restrictions and discretion provided to the arresting officer. He
said the officers tried to obtain voluntary compliance by informing the public of the ordinance requirements and
would not issue citations unless it represented a dangerous situation or a disruption in the neighborhood.
Councilman Wiggishoff suggested that staff continue to revise the language of the ordinance to clarify and clean up
some of the aspects of the leash law but still preserve the enforcement of rabid and vicious dogs.
AGENDA ITEM#12-PUBLIC HEARING TO RECEIVE TESTIMONY ON A PROPOSED AMENDMENT
TO CHAPTER 5, GENERAL PROVISIONS, SECTION 5.09 WALLS AND FENCES, SUBSECTION A.
HEIGHT,OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ADD LANGUAGE
AMENDING THE HEIGHT LIMITATIONS FOR POOL ENCLOSURES ONLY,CASE NUMBER Z97-09.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:10 p.m.
Director of Community Development Gary Jeppson explained that the ordinance provided for the height of a wall
five foot above the height of a retaining wall and 54" in horizontal distance to allow for pool fence enclosures in
terraced retaining wall areas. He said this would result in the elimination of the requirement for construction of a
pool fence within a yard which currently contained a retaining wall.
Leesa Fraverd said she would support the ordinance if preliminary plats, when presented, did not contain the same
problems with walls and fences. Gordon Pittsenbarger stated that contractor's often run into problems where streets
sloped downhill and resulted in terracing of the lots. Mary Pilarinos commented that the Town needed less walls,
nor more.
Mr. Jeppson stated that the State had a pool enclosure law but that Fountain Hills had different pool enclosure
restrictions because our ordinance was adopted prior to the State's. He said that in order to keep our law the way
it is, a 54" distance must be maintained by a horizontal foothold. He stated that the ordinance was an attempt to
protect intruders in the event they entered the property from the outside boundary of a property where a pool was
present.
Other comments were made by Sharon Hutcheson who suggested production home builders inform prospective
clients when possibilities could prohibit the construction of a swimming pool in back yards due to fence restrictions
on smaller lots. Tom Simplot,representing the Home Builders Association of Arizona,stated that builders currently
provide information to customers regarding this issue,partly from the liability standpoint. He supported the approval
of the ordinance and thanked staff for their efforts in resolving this matter. Bruce Hansen also supported the
adoption of the ordinance. Andrea Pasztor said she was concerned about safety in the area between the retaining
wall and the pool fence enclosure. Joan Blankenship, an administrative assistant for the Community Development
Department,addressed the Council in support of the ordinance. She told the Council this ordinance would assist the
department in solving pool fencing problems for homeowners.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:35 p.m.
Minutes of the Regular Session of the Town Council 6/5/97
Page 4 of 7
AGENDA ITEM#13 - CONSIDERATION OF ORDINANCE 97-20,AMENDING CHAPTER 5,GENERAL
PROVISIONS, SECTION 5.09 WALLS AND FENCES, SUBSECTION A. HEIGHT, OF THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ADD LANGUAGE AMENDING THE HEIGHT
LIMITATIONS FOR POOL ENCLOSURES ONLY, CASE NUMBER Z97-09.
Councilman Apps MOVED to approve Ordinance 97-20. Councilwoman Wiggishoff SECONDED the motion. Vice
Mayor O'Brien said he couldn't support this ordinance because he didn't understand it and didn't think the solutions
were present in the ordinance to solve the present problems. Mayor Miles said he would support the ordinance
because it represented a combined effort between the home builders and staff. Councilman Apps said he had talked
with staff and many other people who encouraged him to support the ordinance. Councilwoman Wiggishoff stated
this ordinance represented extensive efforts of staff and the Planning and Zoning Commission for many months.
The motion CARRIED with a 4-1 roll call vote. Vice Mayor O'Brien cast the nay vote.
AGENDA ITEM#14-PUBLIC HEARING TO RECEIVE TESTIMONY ON A PROPOSED AMENDMENT
TO CHAPTER 5, GENERAL PROVISIONS, SECTION 5.11, LAND DISTURBANCE STANDARDS,
SUBSECTION B. GRADING STANDARDS, OF THE ZONING ORDINANCE FOR THE TOWN OF
FOUNTAIN HILLS THAT WOULD REQUIRE THE PLACEMENT OF CHAIN-LINK FENCES AND
WARNING SIGNAGE ON LAND DISTURBANCE LIMIT LINES ASSOCIATED WITH ALL BUILDING
AND GRADING PERMITS, CASE NUMBER S97-10.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:40 p.m.
Planner Jeff Valder explained the Planning&Zoning Commission had initiated a change to Chapter 5 that a 6' chain
link fence would be required prior to construction start-up along the perimeter of a hillside boundary of a project.
He said the purpose of the fence would be to insure the construction workers would stay within the boundaries of
the construction area and to alleviate unnecessary disturbance of hillside areas. Also included in the ordinance was
the requirement that a warning sign be posted every 100 linear feet informing the workers to stay on their side of
the chain link fence but that the verbiage for the signs had not been specified. He said the NPOA required chain
link fences but that the fences were placed on top of the ground where sometimes they were moved. He stated this
resulted in a provision in the ordinance that the chain link fences be imbedded into the ground.
Councilwoman Wiggishoff said disturbance standards had been strictly regulated and that this ordinance would
provide for compliance of those standards. She agreed with staff's suggestion to eliminate the survey requirements.
Councilman Apps asked how often disturbance problems occurred, said he was concerned about the cost of a fence
being passed on to homeowners and stated his apprehension about the use of machinery to install the fencing.
Dana Saar encouraged the Council to continue to look at the ordinance in an attempt to eliminate the intrusive sign
provision and said it was appropriate to enforce the standards for preservation purposes rather than to require
unattractive fencing. Judy Dragiewicz stated she had initiated this ordinance because the present policy had not
worked in preventing disturbances beyond the limitations on hillside areas. Gordon Pittsenbarger supported the
ordinance as an effort to preserve the desert but objected to it as he thought it was directed toward the custom home
builder making it harder to compete with tract home builders. Sharon Hutcheson also spoke in support of the
ordinance.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:57 p.m.
Minutes of the Regular Session of the Town Council 6/5/97
Page 5 of 7
AGENDA ITEM#15 -CONSIDERATION OF ORDINANCE 97-21,AMENDING CHAPTER 5,GENERAL
PROVISIONS, SECTION 5.11, LAND DISTURBANCE STANDARDS, SUBSECTION B. GRADING
STANDARDS, OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS THAT WOULD
REQUIRE THE PLACEMENT OF CHAIN-LINK FENCES AND WARNING SIGNAGE ON LAND
DISTURBANCE LIMIT LINES ASSOCIATED WITH ALL BUILDING AND GRADING PERMITS,CASE
NUMBER S97-10.
Councilwoman Wiggishoff MOVED to approve Case Number S97-10. Councilman Mower SECONDED the
motion.
Councilwoman Wiggishoff MOVED to amend the motion to delete "prior to final inspection...throughout the
construction process" from the ordinance. Councilman Mower SECONDED the amendment. Vice Mayor O'Brien
said he didn't support the ordinance as written and recommended alternatives as identifying visible continuous
borders and providing stiff penalties for non-compliance. The amendment CARRIED with a 3-2 roll call vote. Vice
Mayor O'Brien and Councilman Apps cast the nay votes.
Mayor Miles said he didn't see a need for the signs and viewed them as obtrusive and asked the Council if they
wanted to delete the sign provision. Councilwoman Wiggishoff stated the ordinance needed clarification as to the
language and size of the signs but that she thought they were needed to protect the desert.
Russ Farwell asked if a retaining wall or pool enclosure fence was built prior to construction, would there still be
a need for the chain link fence. Mr. Valder answered that provisions should be included to allow staff discretion
in certain instances.
Councilwoman Wiggishoff MOVED to amend the motion to add at the end that the regulations contained in this
ordinance could be waived by the Community Development Director if 100% of the lot was disturbed or geological
conditions made the imbedding of poles impossible. There was no second to the motion, the motion DIED.
A roll call vote on the motion to approve Ordinance 97-21 CARRIED with a 3-2 vote. Vice Mayor O'Brien and
Councilman Apps cast the nay votes.
AGENDA ITEM #16 - REPORT BY TOWN MANAGER PAUL NORDIN ON "TAKE-HOME" USE OF
TOWN-OWNED VEHICLES.
Councilman Apps directed several questions to Mr. Nordin regarding the extent of personal use of town-owned
vehicles. Mr. Nordin answered that he was not the only employee authorized to use the town vehicle for personal
use and that he reimbursed the Town for this taxable benefit. Town Engineer Randy Harrel said he used the four-
wheel drive vehicle,commuted 30 miles to work every day, stopped at construction sites, went to meetings from his
home, and communicated with inspectors every day via cellular phone in the vehicle. Councilman Apps objected
to Mr. Harrel's use of a four-wheel drive vehicle and stated he would continue to check on several other issues.
AGENDA ITEM #17 - DISCUSSION AND POSSIBLE ACTION REGARDING A CONTRACT OF
EMPLOYMENT FOR THE TOWN MANAGER.
Councilman Apps asked Town Attorney Farrell for clarification regarding the legal effective date for a contract
adopted by the present Council. Mr. Farrell stated that if the Town Manager were awarded a contract by the present
Council, the expiration date of the contract would be June, 1998. Currently the Town Code and Arizona State
Statutes would dictate the Town Manager's employment rights. Councilman Apps asked if it would be more
Lire Minutes of the Regular Session of the Town Council 6/5/97
Page 6 of 7
desirable to enter into a contract with the Town Manager. Mr. Farrell answered that a well-drafted contract could
cover a wider range of subjects than was contained in the Town Code. Councilman Apps said he had received
complaints from people who were concerned about the Manager's personal use of a town-owned vehicle as offensive.
Mayor Miles said he didn't think a contract was needed for the Town Manager's position at the present time and
commended Mr. Nordin for his excellent performance.
Vice Mayor O'Brien MOVED to enter into negotiations to establish a valid, current contract for the Town Manager
with the correct expiration date. Councilman Apps SECONDED the motion which CARRIED with a 4-1 roll call
vote. Mayor Miles cast the nay vote.
AGENDA ITEM #18 - 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 to speak from the public.
AGENDA ITEM #18 - ADJOURNMENT.
Councilwoman Wiggishoff MOVED to adjourn the meeting. Councilman Apps SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 9:25 p.m.
TOWN OF FOUNTAIN HILLS
By: 1 /7/21,/'
J Mi , Mayor
A 1'1'EST: �//L1.c t� Al
Cassie B. Hansen, Town Clerk
PREPARED BY: AK).
Linda D. Lemm n, Administrative Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting
held by the Town Council of Fountain Hills on the 5th day of June, 1997. I further certify that the meeting was duly
called and that a quorum was present.
DATED this 19th day of January, 1997.
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 6/5/97
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