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HomeMy WebLinkAbout1997.0619.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE ,,, FOUNTAIN HILLS TOWN COUNCIL JUNE 19, 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 19, 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 Andrew Zelasko, Brian Nagel, Joseph Genetos and David Oliphant, Cub Scouts of Webelos Den #7, and the invocation by Father Tot O'Dea of the Church of the Ascension Roman Catholic 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 Don Lawrence, Marianne Wiggishoff, Sid Apps, Al Poma and Penfield Mower. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell,Assistant Town Attorney Andrew McGuire,Town Clerk Cassie Hansen,Director of Community Development Gary Jeppson, Town Engineer Randy Harrel and Planners Jeff Valder and Geir Sverdrup. Mayor Miles read the Consent Agenda which consisted of the following agenda items. Items #3 and #9 were removed for further discussion. AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 3RD AND 5TH, 1997. AGENDA ITEM#4 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY THE AMERICAN LEGION LOCATED AT 16850 EAST AVENUE OF THE FOUNTAINS FOR FRIDAY, JULY 4, 1997, FROM 9:00 A.M. TO 10:00 P.M. AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1997-25,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG WITH THE WESTERLY AND SOUTHERLY PROPERTY LINES OF LOT 8, BLOCK 1, PLAT 106(16405 EAST SEGUNDO DRIVE),AS RECORDED IN BOOK 147 OF MAPS,PAGE 2, RECORDS OF MARICOPA COUNTY, ARIZONA. (FORESTNIEL - EA 97-13). AGENDA ITEM#6-CONSIDERATION OF RESOLUTION 1997-26,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG WITH THE NORTHERLY AND EASTERLY CORNER PROPERTY LINES OF LOT 19, BLOCK 4, PLAT 506A (15403 EAST WRANGLER COURT),AS RECORDED IN BOOK 159 OF MAPS,_PAGE 30, RECORDS OF MARICOPA COUNTY, ARIZONA. AGL'MJ IT 'i"! 7 CONSIDERATION OF RESOLUTIC: ' 1997-29,ABANDONING WHATEVER RIGHT, TITLE'%, OR INTEREST THF TOWN HAS IN THE CERTAIN PUBLIC UTILITY Ar LD EgtA ?I, :GE EASEntri r „to,r4(3. WITH THE SOUTHERLY PROPER n`' :.ItalT, F'r Le' 5i ,LOCK 9, PLAT ill (16235 EAST HYDT ,>.R DRIVE), AS RECORDED IN B .. 'A1.s:' ?I 1�1.4}'i, PAGE 12 RECORDS OF MARICOPA COUNT IL F ONAx WITH STIPULATION. (HUSSAIN - EA 97-16) AGENDA ITEM - ` ` .TION OF THE PRELIMINAP:`' PLAT FOR HAPi�INEr:`y' ��CONDO `<J JI�i, f* 2- J1 CONDOMINIUM PRGJH.CT LOCATED k'r 12 29 N?ilITH FOUNTAIN hILLS Feg9LEVARD, E74_E N UME1R S97.C30. -- COW Minutes of the Regular Session of the To't rC,r (,:6/14/97 Page 1 of 10 AGENDA ITEM #10 - CONSIDERATION OF THE PRELIMINARY PLAT FOR PROPERTIES OF PACIFIC SOUTHWEST IX CONDOMINIUMS, A 2-UNIT CONDOMINIUM PROJECT, LOCATED AT 16771 ASHBROOK DRIVE, CASE NUMBER S97-032. AGENDA ITEM #11 - CONSIDERATION OF THE PRELIMINARY PLAT FOR PROPERTIES OF PACIFIC SOUTHWEST X CONDOMINIUMS, A 2-UNIT CONDOMINIUM PROJECT, LOCATED AT 12405 NORTH LA MONTANA DRIVE, CASE NUMBER S97-033. AGENDA ITEM #12 - CONSIDERATION OF A PRELIMINARY PLAT FOR "SHERWOOD ESTATES CONDOMINIUMS" A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 14455 SHERWOOD DRIVE, CASE #S97-029. AGENDA ITEM #13 - CONSIDERATION OF A FINAL REPLAT FOR LOTS 2 AND 3, BLOCK 1, PLAT 106, A LOT JOIN PROJECT LOCATED AT 16751 GLENBROOK BOULEVARD; CASE #S97-034. AGENDA ITEM #14 - CONSIDERATION OF STREET NAME CHANGE AT WESTRIDGE VILLAGE SUBDIVISION FROM REDROCK COURT TO RIDGEVIEW COURT. Councilman Mower 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 Councilman Lawrence Aye Councilman Mower Aye Vice Mayor O'Brien Aye Councilman Poma Aye Councilwoman Wiggishoff Aye fkilw Mayor Miles Aye The motion CARRIED. AGENDA ITEM #3 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY MR. THOMAS JAMER FOR STICKS & STONES LOCATED AT 16748 EAST PARKVIEW. THE REQUEST IS TO TRANSFER AN EXISTING CLASS 7, "BEER AND WINE", LICENSE CURRENTLY ISSUED TO CUPPERS CLUB LOCATED AT 3121 NORTH THIRD AVENUE,PHOENIX,TO THE NEW LOCATION. Councilman Mower said he felt the likely combination of wine and beer sales in conjunction with video games was non-compatible and would result with teenagers and young people being present in this establishment. Councilwoman Wiggishoff pointed out that a Class 7 license enabled the owner to sell package goods as well as serve them in his establishment and stated she was concerned about possible problems in the downtown area. Mayor Miles asked the applicant to address the Council. Tom Jamer stated his business would not offer take-out package goods for sale even though the license permitted them. He stated his business would consist of 14 pool tables, would not have a bar, but would offer beer and wine to adult customers. Also he planned for a small grill to provide hamburgers and hot dogs for customers. He certified that the main business would be billiards and would permit minors to enter his building without being accompanied by parents. He said a surveillance camera would be on premise and sales of beer would be strictly controlled. Councilman Apps spoke in favor of the application and said he didn't feel there would be a problem in a controlled L Minutes of the Regular Session of the Town Council 6/19/97 Page 2 of 10 environment similar to other existing environments in town. Councilwoman Wiggishoff asked about the configuration of the business. Mr. Jamer answered that there would he a few tables along with pull-out shelves along the walls where customers could put their beer glasses and bottles. He stated there would be an area where pool balls would be given out and beer would be served. Councilwoman Wiggishoff expressed her concerns about minors being served. Mr. Jamer assured the Council that the Arizona Liquor Board required procedures when serving beer and wine. Councilman Poma pointed out that the Liquor Board frequently monitors businesses with liquor licenses. Town Attorney Bill Farrell advised the Council that the Arizona Department of Liquor Licenses&Control governed the licensing activity and that the Council could not restrict any part of the liquor license privilege. Mr. lamer promised that there would be no package sales. Mayor Miles was concerned about the rights of a possible successor to the business and said he couldn't approve the liquor application. Councilman Mower MOVED to deny the liquor license application as presented. Councilwoman Wiggishoff SECONDED the motion. The motion CARRIED with a 5-2 roll call vote. Councilman Poma and Apps cast the nay votes. AGENDA ITEM#9-CONSIDERATION OF THE PRELIMINARY PLAT FOR PROPERTIES OF PACIFIC SOUTHWEST VIII CONDOMINIUMS, A 2-UNIT CONDOMINIUM PROJECT, LOCATED AT 14021 SHEFFIELD COURT, CASE NUMBER S97-031. George Demcak requested to speak to the Council and presented pictures of examples of duplexes which have turned into condominiums. He was concerned about the minimal space between the duplex buildings. Gary Jeppson, Director of Community Development, stated the Zoning Ordinance permitted either one single-family house per lot or multi-family units. He pointed out that the current ordinance does not define the term "attachment" and whether it must be a common living wall to permit the attachment as well as legal questions regarding condominiumizing air space. He explained that the lot could not be split unless it was 120' wide or 12,000 square feet in size. He further stated that a wall and roof connection for this project had been required before the permit was issued. Mr. Demcak stated there was no posting of a building permit and that construction had not been started. He asked why the Council would consider a preliminary plat before a building permit had been applied for. Planner Geir Sverdrup confirmed that a permit had been issued. He stated, that with both duplexes and condominiums, the surrounding areas of the property would be jointly owned with separately owned living quarters and both were restricted to the same lot coverage and setback requirements. Bruce Balzar, the builder, explained that his product was market driven and assured the Council the building permit would be posted. He stated that the distance between buildings on Sheffield Court was significantly more than the minimum footage permitted. Councilman Poma MOVED to approve the Preliminary Plat for Properties of Pacific Southwest Condominium Unit VIII. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM #15 - INTRODUCTION OF BUD CLUTTER, THE TOWN'S NEW PUBLIC WORKS SUPERVISOR. Town Manager Paul Nordin introduced Bud Clutter as the new Public Works Supervisor charged with the operations and maintenance of Fountain Park as well as the medians, washes and dams. Mayor Miles welcomed Mr. Clutter on behalf of the Council. L Minutes of the Regular Session of the Town Council 6/19/97 Page 3 of 10 AGENDA ITEM#16- PRESENTATION BY MAYOR MILES OF A DISTINGUISHED SERVICE AWARD TO JEAN HAUCK FOR FOUR YEARS OF VOLUNTEER WORK ON BEHALF OF THE COMMUNITY. Mayor Miles presented an rose-decorated award to Jean Hauck for 1300 hours of community service. Mrs. Hauck has volunteered at the Marshal's Department in the dispatch quarters. AGENDA ITEM #17 - CONSIDERATION OF APPOINTING JOHN A. ROSENQUIST TO THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION TO FILL THE CURRENT VACANCY. Roy Kinsey, Chairman of the McDowell Mountain Preservation Commission, asked the Council to confirm the appointment of John A. Rosenquist as a commissioner. Councilman Mower MOVED to appoint John A.Rosenquist to the McDowell Mountain Preservation Commission. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM #18 - MONTHLY REPORT BY JUDGE STUART SHOOB. Judge Shoob reviewed the monthly report for the month of May. He explained about the pending contract with the Supreme Court of Arizona for a court-automation computer program called ACAP. He stated that the current system used by the court was no longer supported by the Supreme Court and would result in broader expenses in maintaining the present system. He said training on the new ACAP program would be held during July, the three computers and one laser printer would be installed in August, and the start date of September 8th was projected. He stated an IGA would need to be approved as well as an estimated $2,000 per year maintenance fee which incorporated future updates and training services. L AGENDA ITEM #19 - REPORT BY THE LAW ENFORCEMENT CONTRACT SUB-COMMITTEE ON THE CURRENT NEGOTIATION STATUS WITH MARICOPA COUNTY SHERIFF'S OFFICE FOR LAW ENFORCEMENT SERVICES FOR THE TOWN OF FOUNTAIN HILLS. Councilwoman Wiggishoff reported about a meeting held on the morning of June 19th with members from the Sheriff's Office regarding changes in the proposed contract. Subjects of conversation included discussions about the role of the public safety director, management relations, communications, uniforms and other details to create one separate force among two departments. She said re-deployment of officers in the event of emergencies needed to be included in the contract. She stated on-going conversations were being conducted with respect to dispatch communications and one main telephone number for the public which would help eliminate the public's current confusion. Charlie Fox urged the Council to stand firm in their negotiations associated with requiring a 24-hour dispatch service. AGENDA ITEM #20 - DISCUSSION OF POSSIBLE TOWN ACTION TO PURCHASE AND PRESERVE A PORTION OF THE UNDEVELOPED PROPERTY COMMONLY KNOWN AS"LAKESIDE VILLAGE", WITH POSSIBLE DIRECTION TO STAFF. Mayor Miles stated recent conversations between several of the Council members had introduced the possibility of acquiring part of the property surrounding Lakeside Village. He said the ridgeline on the east side of Fountain Park Lor Minutes of the Regular Session of the Town Council 6/19/97 Page 4 of 10 had tremendous views and would make a wonderful hiking area from Fountain Park. He estimated a cost between $900,000-$950,000. Councilwoman Wiggishoff MOVED to direct the McDowell Mountain Preservation Commission to look into the possibility of acquiring some type of property rights to the area in question and returning to the Council with their recommendations by the first meeting in August. Councilman Apps SECONDED the motion. Vice Mayor O'Brien asked whether development of park space or view shed preservation would be more appropriate. Mayor Miles answered that perhaps both goals could be accomplished. Hank Lichman, MCO Properties, agreed that negotiations were possible with respect to acquiring portions of this parcel. Roy Kinsey, Chairman of the McDowell Mountain Preservation Commission, expressed his acceptance of the challenge to provide a recommendation to the Council. E.J. Laz said that if the ridgeline areas were destroyed by development, the whole aura of the town would be destroyed. Frank Ferrara, Len Copetta, Bill Wadsworth and JoAnn Daniels spoke in favor of the Town's acquisition of this area for preservation. The motion CARRIED unanimously. AGENDA ITEM #21 - CONSIDERATION OF RESOLUTION 1997-28, ORDERING AND CALLING A SPECIAL BOND ELECTION TO BE HELD IN AND FOR THE TOWN OF FOUNTAIN HILLS,ARIZONA, ON NOVEMBER 4, 1997, TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE QUESTION OF AUTHORIZING THE ISSUANCE AND SALE OF $6,000,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, PROJECT OF 1997. Mayor Miles reviewed the McDowell Mountain Preservation Commission's recommendation to acquire and preserve the area north and west of the Town in the McDowell Mountain region. He stated a significant portion of that region could be preserved through the disturbance transfer provisions in the Subdivision Ordinance but not enough of them to preserve the viewsheds selected by the Commission. He stated the only realistic way to preserve this area was to purchase it. He stated an increase in the sales tax rate would not accumulate enough revenue to provide adequate funding. Since the Road District bonds expire in two years, he suggested the Council authorize a November 1997 ballot question for the purposes of establishing a$6,000,000 bond issue which would basically result in no additional increase in the real estate tax bill. He stated numerous discussions would be needed to determine the density transfer concept in comparison to lands available for purchase. Vice Mayor O'Brien MOVED to approve Resolution 1997-28. Councilman Mower SECONDED the motion. Roy Kinsey, Chairman of the McDowell Mountain Preservation Commission, thanked the Council for its support to their recommendation. Loras Rauch suggested the ballot question language should specify where and how the bond issue funds would be spent in order to clarify voters' questions and encourage support from the public. Mayor Miles suggested adding language such as "within the McDowell Mountains" to the ballot question but that the uses for the mountain area had not been determined. Vice Mayor O'Brien suggested broader language be added such as "any land within the town limits of Fountain Hills". Vice Mayor O'Brien MOVED to amend Resolution 1997-28 by inserting "any land within the town limits of Fountain Hills" to the ballot question. Councilwoman Wiggishoff SECONDED the amendment. Councilman Lawrence stated that more limited, specific language be added to include just the area within the McDowell Mountains rather than the whole town in general. Vice Mayor O'Brien WITHDREW his amendment and Councilwoman Wiggishoff WITHDREW the second to the amendment. Councilman Lawrence MOVED to amend Resolution 1997-28 by adding "commonly known as the McDowell Mountains" to the language in the ballot question. Councilman Poma SECONDED the amendment which Minutes of the Regular Session of the Town Council 6/19/97 Page 5 of 10 CARRIED unanimously. r Carla,a member of the McDowell Mountain Sonoran Preserve from Scottsdale,offered her assistance and experience in preservation efforts. The motion CARRIED unanimously. AGENDA ITEM #22 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSAL TO REZONE .0716±ACRES OF LAND LOCATED WEST OF LOT 14 OF THE SUNRIDGE CANYON PARCEL N-EAST SUBDIVISION FROM THE "OSR" TO THE "R1-10A" ZONING DISTRICT, SO THAT ALL OF LOT 14 WILL BE LOCATED WITHIN THE "R1-10A" ZONING DISTRICT, CASE NUMBER Z97-03. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:05 p.m. Planner Jeff Valder explained that a small portion (6000 sq. ft) of Parcel 3 be added to Lot 14 which would enable the necessary square footage needed for a proposed residence and preservation of rock outcroppings present on the lot. He stated staff recommended approval with stipulations contained in his staff report. No one from the public spoke for or against the rezone. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:07 p.m. AGENDA ITEM#23- CONSIDERATION OF ORDINANCE 97-22, REZONING .0716t ACRES OF LAND LOCATED WEST OF LOT 14 OF THE SUNRIDGE CANYON PARCEL N-EAST SUBDIVISION FROM THE "OSR" TO THE "R1-10A" ZONING DISTRICT, SO THAT ALL OF LOT 14 WILL BE LOCATED WITHIN THE "RI-10A" ZONING DISTRICT, CASE NUMBER Z97-03. Councilman Lawrence MOVED to approve Ordinance 97-22 as presented with stipulations. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM #24 - CONSIDERATION OF A PRELIMINARY REPLAT OF LOT 14 OF THE SUNRIDGE CANYON N-EAST SUBDIVISION AND PARCEL 3 OF THE SUNRIDGE CANYON MASTER PLAT TO INCREASE THE SIZE OF LOT 14, CASE NUMBER S97-018. Councilman Lawrence MOVED to approve the Preliminary Replat of Lot 14 of the Sunridge Canyon N-East Subdivision and Parcel 3 of the Sunridge Canyon Master Plat as presented. Councilman Poma SECONDED the motion which CARRIED unanimously. AGENDA ITEM #25 - CONSIDERATION OF THE REVOCATION OF CONSTRUCTION STORAGE YARD PERMIT FOR THE GUNSIGHT LUMBER YARD. Director of Community Development Gary Jeppson reviewed the matter of revoking the special use permit issued by the Town Council in 1996 to the Hamann Family Trust at 17008 E. Enterprise Drive. He stated complaints had been received regarding unfinished landscaping on the property, a broken gate and a missing panel on the gate. He stated a letter had been received from the attorney for the Hamann Family Trust which guaranteed that all repairs Minutes of the Regular Session of the Town Council 6/19/97 Page 6 of 10 would be made and requested a 30-day continuance. Mr. Jeppson stated he thought the property should be brought into compliance but additional consideration could be given regarding the completion of the landscaping work due to the summer temperatures. He told the Council there were no provisions in the Code regarding a time frame for compliance. Vice Mayor O'Brien pointed out that if the permit were revoked, the property would still not be brought into compliance and a vacant building might result. Councilman Apps said three local business owners had contacted him with their complaints, the property had not been maintained for a long time, and said he would prefer to revoke the special use permit. Councilman Lawrence proposed to continue the landscaping aspect. Councilman Lawrence MOVED to continue to the first meeting in August and direct staff to notify the owner that the Council would expect compliance by that date. Vice Mayor O'Brien SECONDED the motion. Marvin Hamann,the owner of the property,explained that he intended to bring the property into compliance but was waiting for the resolution of a court action which was expected in two weeks. The motion CARRIED with a 6-1 vote. Councilman Apps cast the nay vote. AGENDA ITEM#26- CONSIDERATION OF RESOLUTION 1997-27,ABANDONING A PORTION OF A HILLSIDE PROTECTION EASEMENT TO PERMIT AN EFFLUENT LINE TO BE CONSTRUCTED ALONG THE EASTERN BORDER PUBLIC UTILITY EASEMENT IMMEDIATE ADJACENT TO THE LITTLE FOUNTAINS CONDOMINIUM DEVELOPMENT, 10401 N. SAGUARO BOULEVARD. Mr.Jeppson said the easement was requested to permit construction of a sewer line rather than an effluent line. He stated the contractor for the Sanitary District had encroached into the hillside protection easement outside of the public utility easement and had taken down the chain link fence in the swimming pool area of the Little Fountains development. Mayor Miles pointed out that if a private developer had encroached on an easement,a citation would have been given. Councilman Lawrence said he was concerned because there were no provisions to re-vegetate and restore the area. Vice Mayor O'Brien expressed his apprehension that the Council might set a precedent if they approved this request in abandoning a hillside protection easement. Mr.Jeppson said three citations had been issued to Little Fountains for encroachments into a wash and two other areas in a hillside protection easement which had been re-vegetated and re-fenced. Councilman Apps stated he would not support this request and hoped that maximum fines would be issued. Mayor Miles asked for a motion on this matter. Due to a lack of a motion, no action was taken. AGENDA ITEM #27 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE PROPOSED KINGSTREE VILLAGE CONDOMINIUMS,A 40 UNIT CONDOMINIUM PROJECT,LOCATED AT 11022 N. INDIGO DRIVE, CASE NUMBER S97-027. Planner Geir Sverdrup gave a brief staff report regarding the preliminary plat request for Kingstree Condominiums. Councilman Lawrence MOVED to approve the preliminary plat for the Kingstree Village Condominiums. Councilwoman Wiggishoff SECONDED the motion. John Welsh,a resident on Kingstree,asked why a preliminary plat was being considered when construction had started. Town Attorney Bill Farrell stated there was a draft ordinance being considered at the Planning & Zoning Commission level which might resolve the timing of preliminary plats and condominiumizing of units. The motion CARRIED unanimously. Lor Minutes of the Regular Session of the Town Council 6/19/97 Page 7 of 10 AGENDA ITEM #28 - DISCUSSION OF THE PROPOSED FEES FOR JULY FOURTH PARKING WITH POSSIBLE DIRECTION TO STAFF. Mayor Miles said he wanted to discuss the $5.00 parking fee which had been previously authorized by the Council as a funding mechanism for July 4th expenses. Councilman Lawrence viewed that the parking fee was meant as a money raising opportunity to collect funds from non-residents. Councilwoman Wiggishoff said she was concerned about the collection of parking fees. Town Manager Paul Nordin said parking fees would be collected in designated areas of paved parking in Plat 208. Councilman Lawrence MOVED to reduce the parking fee for Fourth of July fireworks parking to$2.00 per car with the intent to revisit the fee next year. Mayor Miles SECONDED the motion. Councilman Poma pointed out that paid workers would be needed for the fireworks celebration and a reduced parking fee would not cover those expenses. Marshal Gendler suggested residents not be charged for parking. He said the parking fees collected would barely cover the $2,000 rental expense for barricades and the waiting lines would be long. Councilman Lawrence expressed his concern about the reduced parking fee given that the fees were intended to generate funds to underwrite funds for the fireworks and that even a reduced fee would not accomplish this goal. He WITHDREW his motion and Mayor Miles WITHDREW his second to the motion. Councilman Lawrence MOVED to eliminate the $5.00 parking fee entirely. Councilwoman Wiggishoff SECONDED the motion. Shelly Johnson, MCO Properties, pointed out that the 208 Property Owners Association and MCO Properties were not charging any fees to the Town for use of the parking areas. Councilman Apps sustained from any conversation or voting regarding the parking fees as his conflict of interest. The motion CARRIED with a 4-2 roll call vote. Councilman Poma and Vice Mayor O'Brien cast the nay votes. Councilman Apps abstained from voting. AGENDA ITEM #29 - CONSIDERATION OF ORDINANCE 97-23, AMENDING THE TOWN CODE, CHAPTER 6, ANIMALS, ARTICLE 6-2, RABIES/ANIMAL CONTROL LEASH LAW, SECTION 6-2-1, DEFINITIONS, BY AMENDING THE DEFINITION OF "AT LARGE" AND BY AMENDING SECTION 6-2-5, DOGS NOT PERMITTED AT LARGE; WEARING LICENSES, REGARDING THE STANDARDS UNDER WHICH A DOG IS CONSIDERED "AT LARGE". Assistant Town Attorney Andrew McGuire said the present dog/leash ordinance, Ordinance 97-11, contained terms which were excessive in nature and needed several wording changes in order to make the ordinance more workable. Town Manager Paul Nordin suggested a clarification for Section 6-2-1-4 to add the words "or other Town sponsored events". Councilwoman Wiggishoff MOVED to approve Ordinance 97-23 with the language addition in Section 6-2-1-4 to insert the words "or other Town sponsored events" to the end of 6-2-1-4. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM #30 - DISCUSSION OF THE COTTONWOODS PERIMETER FENCE AND LANDSCAPING MAINTENANCE WITH POSSIBLE DIRECTION TO STAFF. Councilwoman Wiggishoff presented an update to discussions and actions regarding the upkeep of the perimeter fence along the Cottonwoods Subdivision. She said the perimeter fence would normally be maintained by a Minutes of the Regular Session of the Town Council 6/19/97 Page 8 of 10 homeowners' association but that this development did not have an association. She stated there was some question as to the ownership of the wall, whether it was on the subdivision property or on the lot line. She proposed a legal settlement could occur with an assessment through property taxes to fund on-going maintenance of the area or the creation of a facilities district. She said she would report back to the Council when this matter was resolved. Linda Craven thanked the Council and Mr. Nordin for their assistance in resolving this matter. Bob Eucher stated he had been cleaning the perimeter area himself and objected to an assessment for something he had been doing for ten years. AGENDA ITEM#31-CONSIDERATION OF A DESIGN FOR THE PERMANENT OFF-PREMISE SIGNS. Mr. Jeppson reviewed the latest design, Design 5A, and the color samples which were coordinated with the Town Center I project. He said the directional arrow design 3.1, using four panels with an overall size of 4' x 4'10", plus a town identification panel were estimated to cost $1700 for a single-faced sign and $2200 for a double-faced sign. Councilwoman Wiggishoff stated that the color chips were approved by the Committee of Architecture for the downtown area in an effort to coordinate colors. She displayed the color chart which consisted of four colors; teal, oyster, sienna and gray. The letters of the sign would be the light color, oyster, edged with the teal color and the edge of the sign would be the sienna color. She suggested the sign posts be changed to gray from the proposed teal color. Mayor Miles asked for clarification on the matter of approving the sign design. Mr. Nordin stated that only the design would be approved at this time. The content and location would be determined at a later date. Councilwoman Wiggishoff MOVED to approve the sign design as presented. Councilman Mower SECONDED the motion. Councilman Lawrence said he liked the colors, the arrow configuration and the four panel-design but thought that the actual design was boring in nature and lacked creativity. He said he preferred Option 2 which was originally presented using four panels rather than six. Councilman Apps said he was concerned about the night visibility of the letters on the signs. The motion CARRIED with a 5-2 roll call vote. Councilman Apps and Lawrence cast the nay votes. AGENDA ITEM#32 - 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 #33 - ADJOURNMENT. Councilman Poma MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. The meeting adjourned at 9:10 p.m. Minutes of the Regular Session of the Town Council 6/19/97 Page 9 of 10 TOWN OF FOUNTAIN HILLS By: /7 Ui4 Jerr Miles, Ma A F EST: Cassie B. Hansen, Town Clerk PREPARED BY: £( `J. .l►.a-D/ 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 19th day of June, 1997. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd day of July, 1997. CA11141-:-A-'\--13 Cassie B. Hansen, Town Clerk L Minutes of the Regular Session of the Town Council 6/19/97 Page 10 of 10