HomeMy WebLinkAbout1998.0115.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
JANUARY 15, 1998
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30
P.M., Thursday, January 15, 1998, 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 Wally Hudson and the invocation by Councilman Poma, roll
call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry
Miles, Vice Mayor Marianne Wiggishoff and Councilmembers Bill O'Brien (6:32 p.m.) , Sid Apps, Al Poma and
Penfield Mower. Councilman Don Lawrence was 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 Geir Sverdrup.
Mayor Miles stated Agenda Item#8 would be removed from the Consent Agenda for additional discussion. He
then read the remainder of the Consent Agenda, which consisted of the following agenda items:
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF NOVEMBER
20TH AND DECEMBER 18TH, 1997.
AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 1998-01 ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE EASEMENT ALONG
THE SOUTHERLY SIDE OF LOT 41, OF PLAT 606A, (15255 EAST STARDUST DRIVE) AS RECORDED
IN BOOK 428 OF MAPS, PAGE 50 RECORDS OF MARICOPA COUNTY, ARIZONA. (MCO
PROPERTIES-EA97-37)
AGENDA ITEM#3 - CONSIDERATION OF RESOLUTION 1998-02 ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN RIGHT-OF-WAY KNOWN AS (ORIGINAL)
GOLDEN EAGLE BLVD. AND BAINBRIDGE AVE. (LDS CHURCH), AS RECORDED IN BOOK 158 OF
MAPS, PAGE 40 RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS. (TOFH -
ROW97-05)
AGENDA ITEM#4 - CONSIDERATION OF RESOLUTION 1998-03 ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN RIGHT-OF-WAY KNOWN AS (ORIGINAL)
GOLDEN EAGLE BLVD.AND BAINBRIDGE AVE. (CHRIST'S CHURCH),AS RECORDED IN BOOK 158
OF MAPS, PAGE 40 RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS. (TOFH -
ROW97-06)
AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1998-04, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN RIGHT-OF-WAY KNOWN AS
(ORIGINAL) GOLDEN EAGLE BLVD. AND BAINBRIDGE AVE. (GOLDEN EAGLE ESTATES), AS
RECORDED IN BOOK 158 OF MAPS,PAGE 40 RECORDS OF MARICOPA COUNTY,ARIZONA. (TOFH
-ROW97-07)
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1998-05 ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN RIGHT-OF-WAY KNOWN AS
(ORIGINAL) GOLDEN EAGLE BLVD. AND BAINBRIDGE AVE. (MCO PROPERTIES), AS RECORDED
IN BOOK 158 OF MAPS,PAGE 40 RECORDS OF MARICOPA COUNTY,ARIZONA. (TOFH-ROW97-08)
Town Council Regular Session 1/15/98
Page 1 of 10
AGENDA ITEM#7 - CONSIDERATION OF APPROVING THE PURCHASE OF EIGHTEEN PORTABLE
RADIOS AND ASSORTED ACCESSORIES BY ENGINEERING, STREETS, PUBLIC WORKS AND;
PARKS AND RECREATION TO COMPLETE THE CONVERSION TO TYPE-2 RADIOS APPROVED IN
THE FY 97-98 BUDGET.
Councilman Poma MOVED to approve the Consent Agenda as read. Vice Mayor Wiggishoff SECONDED the
motion. A roll call vote was taken with the following results:
Councilman Apps Aye
Councilman Mower Aye
Councilman O'Brien Aye
Councilman Poma Aye
Vice Mayor Wiggishoff Aye
Mayor Miles Aye
The motion CARRIED.
AGENDA ITEM #8 - CONSIDERATION OF THE APPOINTMENT OF KAREN HOLLOWAY TO THE
MCDOWELL MOUNTAIN PRESERVATION COMMISSION.
Roy Kinsey, Chairman of the McDowell Mountain Preservation Commission, introduced Karen Holloway as an
appointee to the Commission. Vice Mayor Wiggishoff MOVED to appoint Karen Holloway to the McDowell
Mountain Preservation Commission. Councilman Apps SECONDED the motion, which CARRIED unanimously.
*I)
AGENDA ITEM #9 - REPORT BY MAYOR MILES ON HIS MEETING WITH GOVERNOR HULL
REGARDING PRESERVATION EFFORTS.
Mayor Miles reported that the McDowell Mountain Preservation Commission, the Indian Reservation, and the Town
filed a joint application to the State Lands Commission requesting a five year extension for excluding the state owned
land from the acquisition process. He said a meeting with Governor Hull had proved supportive and beneficial and that
a public hearing would be held on February 10th where a hearing officer would receive testimony and report such to the
State Lands Commission.
AGENDA ITEM#10-MONTHLY REPORT BY MAGISTRATE STUART SHOOB.
Judge Shoob stated his staff had been busy with many end of the calendar year reports. He said 320 cases were filed
in December and 427 cases terminated which represented a lower than average but typical amount for the month of
December.
AGENDA ITEM #11 - INTRODUCTION OF KARI FRAGNOLI, SPRING INTERN WITH THE PARKS
AND RECREATION DEPARTMENT
Town Manager Paul Nordin introduced Kari Fragnoli as the new Spring intern with the Parks and Recreation
Department who had started her internship on January 12t. Ms. Fragnoli is currently attending Kent State"
University.
Town Council Regular Session 1/15/98
Page 2 of 10
AGENDA ITEM #12 - CONSIDERATION OF ESTABLISHING A MECHANISM TO DEAL WITH
REQUESTS WHICH HAVE BEEN RECEIVED FROM SEVERAL LOCAL GROUPS REGARDING
Now FUTURE USE OF THE COMMUNITY CENTER UPON COMPLETION OF THE NEW CENTER.
Mayor Miles stated several community organizations had expressed interest in using the existing Community Center
building after the new Community Center was constructed. John Cutillo had volunteered to chair a committee for
the future planning of the Community Center. Vice Mayor Wiggishoff MOVED to establish a citizens committee
with John Cutillo as Chairman and two other former councilmembers to determine future uses of the existing
Community Center. Councilman Apps SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #13 - CONSIDERATION OF AMENDING THE CONTRACT WITH THE SUNSET
KIWANIS SHIFTING THE FINANCIAL RESPONSIBILITY FOR REPAIRS, RENOVATION,
MAINTENANCE AND INSURANCE TO THE TOWN AND EXPANDING THE USE OF THE FACILITY
TO THAT OF A SENIOR CENTER WITH OFFICE SPACE FOR MEALS ON WHEELS AND THE RED
CROSS.
Councilman Mower stated the existing contract with the Sunset Kiwanis should be amended to provide for the Town
to take over expenses of repairs, renovation, maintenance, and insurance. He said the building was under-used at the
present time and that the Red Cross and Meals on Wheels had expressed an interest in using the building as a Senior
Center. The Kiwanis group would provide the labor for improvements such as the enclosure of the covered patio
area and reconfiguration of offices for the building. MCO had indicated they would contribute half of the $25,450
material costs. Councilman Mower stated the expenses of paving and lighting would still need to be planned for in
the future. He announced the names of citizens who had volunteered to be on a committee for the Senior Center
building. They were Evelyn Breting, Jack Edelman, Karen Holloway, Jackie Miles, John O'Flynn, Peg Tibbitts,
Bob Travis and Bill Williams. Bill Williams and Karen Holloway volunteered to be co-coordinators for the first
year of operation of the Senior Center. He estimated a construction timeline of three months and the committee
would be planning the uses and needs for the Senior Center during that time in cooperation with the Parks &
Recreation Department.
Councilman Apps commended the Sunset Kiwanis Club volunteers and supported the concept of the Senior Center.
Councilman O'Brien said he was concerned that not enough public input might have occurred in the renovation of
the building. Vice Mayor Wiggishoff agreed and stated a needs assessment and planned structural changes needed
to be further worked out. Mr. Sissel, speaking on behalf of the Sunset Kiwanis Club, stated the Club's formal
presentation could be made at the next Council meeting. Councilman Poma supported the Senior Center and
approved of getting more input from citizens.
Mr. Nordin asked the Council to direct staff to proceed with the re-negotiation of the existing lease and to approve
the citizen committee as suggested by Councilman Mower. Councilman Mower MOVED to direct staff to re-
negotiate the lease with the Kiwanis and to approve the citizen committee as submitted. Councilman Poma
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#14 - CONSIDERATION OF APPOINTING A COUNCIL SUBCOMMITTEE TO MEET
WITH REPRESENTATIVES OF COX CABLE TO CONSIDER IMPROVEMENT OF SERVICE.
Mayor Miles stated complaints regarding cable television outages had continued to such an extent that a Council
subcommittee should be formed to communicate with Cox Communications to improve service to the Town. Vice
Mayor Wiggishoff and Councilman Apps volunteered to serve on the subcommittee. Councilman Poma MOVED
to appoint Vice Mayor Wiggishoff and Councilman Apps to serve on a Council subcommittee for improvement of
cable television services. Councilman Mower SECONDED the motion, which CARRIED unanimously.
Town Council Regular Session 1/15/98
Page 3 of 10
AGENDA ITEM #15 - CONSIDERATION OF APPROVING UPGRADES TO THE VIDEO EQUIPMENT
USED TO TAPE COUNCIL MEETINGS TO IMPROVE VISIBILITY AND COVERAGE. NW)
Peter Putterman, Information Services, stated improved sound and lighting equipment would be installed as approved
under the existing budget. After getting estimates for an additional camera for filming Council meetings,Mr. Putterman
said the costs were excessive. The Council decided not to upgrade to two cameras at this time.
AGENDA ITEM #16 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT
TO THE ZONING ORDINANCE ALLOWING NON-RESIDENTIAL FACILITIES TO EXCEED 30' IN
THE MULTI-FAMILY RESIDENTIAL DISTRICTS BY SPECIAL USE PERMITS ONLY.
Director of Community Development Gary Jeppson stated there were non-residential buildings, such as churches,
in some multi-family zoned districts that needed to exceed the 30' limitation. He said an amendment to allow non-
residential facilities to exceed the 30' limitation but not higher than 40' by special use permits could be initiated by
the Council. Mayor Miles said he was interested in assisting churches, schools and other public buildings but not
hotels and lodging facilities. Councilman O'Brien suggested that possibly the Council should include all zoning
districts not just multi-family districts.
Councilman Apps MOVED to approve the initiation of an amendment to the Zoning Ordinance allowing non-
residential facilities to exceed 30' but not more than 40' in multi-family residential districts. Mayor Miles
SECONDED the motion. Mark VanBoeckel stated any structure over 30' would take away views and shouldn't be
allowed. The motion CARRIED unanimously.
j
AGENDA ITEM #17 - CONSIDERATION OF THE RECOMMENDED DESIGN TO BE USED TO
INCREASE THE SEATING CAPACITY OF THE PERFORMING ARTS CENTER IN THE PROPOSED
COMMUNITY CENTER.
Robb Dietz, the Community Center architect from Hofmann-Dietz Architects, Ltd., presented three options for
seating arrangements of the performing arts center in the proposed Community Center. Plan "A" would provide for
750 seats in a single level using approximately 51,670 square feet. Plan "B" would provide main floor seating of
536 with two pods to accommodate close to 750 seats using approximately 52,200 square feet. Plan "C" would
provide 500 main floor seats and a balcony with 250 seats using 55,855 square feet. Councilman Apps asked about
the differences in acoustics in the floor plans. Mr. Dietz said that Plan "A" was the best with Plan `B" being almost
as good. Mr. Dietz stated he had obtained the services of a theatre consultant in planning for the seating capacity of
the theatre.
Walt Franklin said his advisory committee had viewed several examples of performing arts centers in the area. He
stated his committee had unanimously selected Plan "B" at the price of $6,540,000 because of the layout, the
minimal price increase over Plan "A", accessibility, audience view ability, and acoustics. He said the next step for
his committee was to select amenities for the building. He recognized Peter Hill and Val Stasik who had
volunteered to assist the committee in their next step.
Councilman O'Brien MOVED to approve Plan "B"as presented by Mr. Dietz. Councilman Apps SECONDED the
motion. Mark Van Boeckel questioned whether residents in the audience approved of the Community Center.
Mayor Miles stated he was out of order and proceeded. The motion CARRIED unanimously.
j
Town Council Regular Session 1/15/98
Page 4 of 10
AGENDA ITEM #18 - CONSIDERATION OF A CONSOLIDATED CONTRACT MAINTENANCE
CONTRACT FOR GROUNDS MAINTENANCE OF TOWN-OWNED PROPERTY.
Mr. Nordin stated the Town's responsibilities now included Fountain Park, Golden Eagle Park, Four Peaks
Neighborhood Park and some medians in the town. He referred to an inventory, which had been prepared listing the
tasks needed to be performed at each location. He concluded that in the next 90 days detailed specifications could
be drawn up for the bidding process to begin. No action was required.
AGENDA ITEM #19 - PUBLIC HEARING ON A RECOMMENDATION TO THE TOWN COUNCIL ON
AN APPLICATION FOR THE 808.25t ACRE FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN
PROPOSED TO BE LOCATED SOUTH OF SHEA BOULEVARD, EAST OF THE EAGLE MOUNTAIN
DEVELOPMENT, WEST OF PLATS 412A, 412B, AND 415, AND NORTH OF THE SALT RIVER PIMA-
MARICOPA INDIAN RESERVATION,CASE NUMBER ASP97-01.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:43 p.m.
Director of Community Development Gary Jeppson presented a staff report. He stated MCO Properties proposed to
build a private country club on approximately 808 acres of land. They proposed to build 350 custom homes on 20
single family parcels using 430 acres and 390 multi-family units were to be constructed on 85 acres. There would
be an 18-hole private golf course constructed on 124 acres of the 516 total acres of open space lands. No single-
family lot would have less than 18,000 square feet. He stated the extension of Technology Drive was not a part of
the Area Specific Plan for Firerock Country Club. He compared the General Plan and Area Specific Plan density
factors indicating the low range in the General Plan of 675 units and a high range of 1435 units as compared to the
total number of 740 units that were proposed. He noted that the Planning & Zoning Commission, after conducting
two public hearings, voted 6-1 to deny the application giving five reasons for the denial. He said that the required
hillside transfer options had not been met according to the Subdivision Ordinance, that the entire development
should not contain multi-family development, that a third lane on Shea Boulevard should be constructed by the
applicant, that Parcel "C" should not have access onto Shea Boulevard, and that the Commission did not approve of
gating of the development which would also include private roads.
Gregg Bielli, MCO Properties, stated MCO had met with residents of the Firerock area, made presentations to the
Planning &Zoning Commission, staff, and local organizations, and attended Town meetings over the last year in an
effort to educate the community concerning the Firerock Country Club proposal. He said there had been revisions
to the proposal including the elimination of construction on eight lots, which were located on a ridgeline. The
maintenance facility for the golf course would be gated into Parcel "C". He pointed out that open spaces would be
used as a trail system throughout the project. He discussed the layout of the clubhouse for the golf course as being a
combination of both single and two-storied in height. He reviewed the site plan, which included plans for two
tennis courts and an area to be used as an event lawn for tents and outdoor banquets.
Mayor Miles stated he would be interested in again visiting the site to further his understanding of the layout of the
project,especially in the area of Parcel "C". Councilman Poma asked why MCO Properties would not install a third
lane on Shea Boulevard. Mr. Bielli said MCO was opposed to extending a third lane the entire distance along Shea
Boulevard just because the 390 multi-family units needed access at Shea Boulevard. Councilman O'Brien pointed
out that the General Plan had 180 multi-family units planned for this area. Mr. Bielli answered that other
considerations for land use had been included to justify the additional multi-family units such as the elimination of
higher density districts.
Leesa Fraverd, Chairman of the Planning & Zoning Commission, stated she thought the project needed additional
work. She said the Subdivision Ordinance required 994 acres to be preserved as open space because of the nature of
construction on the project. Roy Kinsey, Chairman of the McDowell Mountain Preservation Commission, stated
considerations about land disturbance issues needed to be addressed to avoid setting future precedents. Loras Rauch
Town Council Regular Session 1/15/98
Page 5 of 10
suggested the density of the project would be more appropriate if the number of units was projected in the mid-
range for the suggested number of units. Yetta Seidon spoke against multi-family construction and gating in this
project. Chris Marchell said she thought the Town already had more multi-family units,either existing or waiting to
be built, than needed. Others speaking from the audience were Mike McClure, Mark Van Boeckel, Sharon
Hutcheson, Dave Combs, Susan Ralphe and Mary Pilarinos. The consensus of the speakers indicated more work on
the project in the areas of density, disturbance and land preservation was needed before the Area Specific Plan could
be approved.
Mayor Miles closed the public hearing at 8:43 p.m. and reconvened the Regular Session of the Town Council.
AGENDA ITEM#20 - CONSIDERATION OF RESOLUTION 1997-62, APPROVING THE 808.25± ACRE
FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN PROPOSED TO BE LOCATED SOUTH OF SHEA
BOULEVARD, EAST OF THE EAGLE MOUNTAIN DEVELOPMENT, WEST OF PLATS 412A, 412B,
AND 415, AND NORTH OF THE SALT RIVER PIMA-MARICOPA INDIAN RESERVATION, CASE
NUMBER ASP97-01.
Mayor Miles suggested the Council set a date for the first work/study session with the developer. Councilman Apps
MOVED to table discussion on Agenda Items #19 through #25 to the February 19, 1998 Council Meeting and to set
February 10th as the first work/study session. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED
unanimously.
AGENDA ITEM#21 - PUBLIC HEARING ON A RECOMMENDATION TO THE TOWN COUNCIL ON
AN APPLICATION TO REZONE ALL 808.25± ACRES OF THE PROPOSED FIREROCK COUNTRY
CLUB AREA SPECIFIC PLAN, CASE NUMBER Z97-01.
AGENDA ITEM #22 - CONSIDERATION OF ORDINANCE 97-46 REZONING ALL 808.25± ACRES OF
THE PROPOSED FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN, CASE NUMBER Z97-01.
AGENDA ITEM #23 - CONSIDERATION OF A PRELIMINARY PLAT FOR FIREROCK COUNTY
CLUB MASTER PLAT CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
THE PRELIMINARY MASTER PLAT TO SUBDIVIDE THE FIREROCK COUNTRY CLUB AREA
SPECIFIC PLAN INTO APPROXIMATELY 25 NEIGHBORHOOD-SIZE PARCELS, MOST OF WHICH
ARE INTENDED FOR FURTHER SUBDIVISION IN THE FUTURE,CASE NUMBER S97-005.
AGENDA ITEM #24 - CONSIDERATION OF CUT AND FILL WAIVERS FOR CUT AND FULL
GRADING IN EXCESS OF 10 FEET IN OVER 30 LOCATIONS THROUGHOUT THE DEVELOPMENT,
FOR THE CONSTRUCTION OF COLLECTOR ROADWAYS, GOLF COURSE GRADING, AND
GRADING FOR THE PROPOSED GOLF COURSE CLUBHOUSE, CASE NUMBER CFW97-03.
AGENDA ITEM #25 - CONSIDERATION OF WAIVING THE HILLSIDE DISTURBANCE
REQUIREMENTS FOR THE FIREROCK COUNTY CLUB GOLF COURSE.
Discussion on Agenda Items#21 through#25 was tabled.
Noii)
Town Council Regular Session 1/15/98
Page 6 of 10
AGENDA ITEM #26 - CONSIDERATION OF INITIATING A PROPOSED AMENDMENT TO
CHAPTER 5 OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO PERMIT
FULL COURT BASKETBALL COURTS TO HAVE A CONTAINMENT FENCE OF UP TO TWELVE
(12) FEET IN HEIGHT.
Planner Geir Sverdrup stated the Baptist Church had planned construction of a basketball court fence but that only a
6' fence was allowed. He said an amendment would include the fence as an option and other language was clarified
concerning perimeter fencing. Councilman Mower MOVED to initiate an amendment to Chapter 5 of the Zoning
Ordinance as outlined by staff to be sent to the Planning & Zoning Commission. Vice Mayor Wiggishoff
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #27 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FOR SHEA BOULEVARD, 144T�
STREET TO PALISADES BOULEVARD.
AGENDA ITEM #28 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FOR SHEA BOULEVARD, BEELINE
HIGHWAY TO 600' WEST.
Mayor Miles asked Town Engineer Randy Harrel to discuss both Agenda Items #27 and #28 at the same time. Mr.
Harrel referred to the packet information,which provided the location of the two projects proposed by Maricopa County
Department of Transportation. The first one would widen Shea Boulevard to three easterly-bound lanes from 144th
Street to Palisades Boulevard and the second project would provide three lanes from the East town limit 600' westerly.
He stated bike lanes would be added along with curb and gutter construction starting in March of 1999. A total cost of
$60,000 would be used for construction of the third east-bound lane and landscaping of the curbed median along with a
$40,000 cost for the curb and gutter on the south side of the west-bound lane along with a shoulder for the sidewalk.
Mayor Miles said he preferred to see some kind of graphic which would better explain the location and purposes of this
project. Councilman Mower agreed and MOVED to table discussion to the next Council meeting on February 5`s.
Councilman Apps SECONDED the motion, which CARRIED with a 4-2 roll call vote. Councilman O'Brien and
Poma cast the nay votes.
AGENDA ITEM #29 - CONSIDERATION OF ORDINANCE 98-01 AMENDING THE TOWN CODE,
CHAPTER 10. HEALTH AND SANITATION, ARTICLE 10-2, LITTER; NUISANCES, SECTION 10-2-1,
DEFINITIONS, BY ADDING DEFINITIONS FOR "NEWSPAPER" AND `COMMERCIAL HANDBILL"
AND"NON-COMMERCIAL HANDBILL".
Assistant Town Attorney Andrew McGuire stated definitions had been included in Ordinance 98-01 to allow for better
enforcement. Councilman Mower MOVED to approve Ordinance 98-01 as submitted. Councilman Apps
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #30 - PUBLIC HEARING ON ORDINANCE 98-02, AMENDING ORDINANCE #92-09,
THE PLANNED SHOPPING CENTER OVERLAY DISTRICT ON BLOCKS 3, 4, 5, AND 6, OF PLAT 208,
TO ALLOW LOTS 10,800 OR LESS TO BE COMBINED AND STILL BE ALLOWED TO USE THE
COMMON PARKING AREA TO SATISFY THE OFF-PARKING REQUIREMENTS.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:11 p.m. Mr.Jeppson
Town Council Regular Session 1/15/98
Page 7 of 10
Stated this ordinance would allow 100% development of lands in the planned shopping center overlay district and use
the common parking areas to satisfy off-parking requirements. He said the combining of lots would also be allowed to
use the common parking area. He stated the ordinance would also convert all codification language to the present
Zoning Ordinance. There were no comments from the public.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 9:12 p.m.
AGENDA ITEM#31 - CONSIDERATION OF ORDINANCE 98-02, AMENDING ORDINANCE#92-09, THE
PLANNED SHOPPING CENTER OVERLAY DISTRICT ON BLOCKS 3, 4, 5, AND 6, OF PLAT 208, TO
ALLOW LOTS 10,800 OR LESS TO BE COMBINED AND STILL BE ALLOWED TO USE THE COMMON
PARKING AREA TO SATISFY THE OFF-PARKING REQUIREMENTS.
Councilman Apps MOVED to approve Ordinance 98-02 as presented. Councilman Poma SECONDED the motion,
which CARRIED unanimously.
AGENDA ITEM #32 - PUBLIC HEARING ON ORDINANCE 98-03 AMENDING CHAPTER 13,
INDUSTRIAL ZONING DISTRICTS, OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN
HILLS TO ALLOW UTILITY SERVICES IN THE INDUSTRIAL ZONING DISTRICTS, CASE NUMBER
Z97-25.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:13 p.m.
• Mr.Jeppson stated Ordinance 98-03 would include all industrial zoned districts to allow for utility services. He said
-411)
a previous ordinance had not included the industrial districts concerning the construction of monopoles, which
would require a special use permit. There were no comments from the public.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 9:14 p.m.
AGENDA ITEM #33 - CONSIDERATION OF ORDINANCE 98-03 AMENDING CHAPTER 13,
INDUSTRIAL ZONING DISTRICTS, OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN
HILLS TO ALLOW UTILITY SERVICES IN THE INDUSTRIAL ZONING DISTRICTS, CASE NUMBER
Z97-25.
Vice Mayor Wiggishoff MOVED to approve Ordinance 98-03 as presented. Councilman Mower SECONDED the
motion,which CARRIED unanimously.
AGENDA ITEM #34 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR TRES
AMIGOS CONDOMINIUMS, A 3-UNIT CONDOMINIUM LOCATED AT 12811 N. MIMOSA DRIVE,
AKA PLAT 601A,BLOCK 3,LOT 24, CASE NUMBER S97-56.
Planner Geir Sverdrup stated this existing tri-plex was entirely completed and was requesting a condominium status.
Councilman O'Brien MOVED to approve the preliminary and final plat for Tres Amigos Condominiums.
Councilman Poma SECONDED the motion, which CARRIED with a 4-2 vote. Councilman Apps and Mower cast
14
the nay votes.
Town Council Regular Session 1/15/98
Page 8 of 10
AGENDA ITEM #35 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR 15012 N.
ESCONDIDO DRIVE CONDOMINIUMS, A 2-UNIT CONDOMINIUM LOCATED AT 15012 N.
ESCONDIDO DRIVE,AKA PLAT 105,BLOCK 4,LOT 8, CASE NUMBER S97-57.
Planner Geir Sverdrup stated this duplex was under construction and was applying for condominium status. Vice
Mayor Wiggishoff asked if multi-family dwellings such as apartments were regulated under different building codes
when compared with condominium construction. Mr. Sverdrup stated there was no difference in terms of
construction but that the hillside regulations for apartments was different from condominiums. Councilman Poma
MOVED to approve preliminary and final plats for two condominiums located at Escondido Drive, Case Number
S97-57. Councilman O'Brien SECONDED the motion, which CARRIED with a 5-1 vote. Councilman Mower
cast the nay vote.
AGENDA ITEM #36 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR TOWN
CROSSING OFFICE CONDOMINIUMS, A 4-UNIT OFFICE CONDOMINIUM LOCATED AT 13034
VERDE RIVER DRIVE,AKA PLAT 208,BLOCK 3,LOT 35, CASE NUMBER S97-059.
Mr. Sverdrup this four-unit office complex was under construction. Councilman Poma MOVED to approve the
preliminary and final plat for Town Crossing Office Condominiums as presented. Councilman Apps SECONDED
the motion, which CARRIED with a 5-1 vote. Councilman Mower cast the nay vote.
AGENDA ITEM #37 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR PHILLIPS
CONDOMINIUMS I, A 2-UNIT CONDOMINIUM LOCATED AT 14402 N. SAGUARO BOULEVARD,
AKA PLAT 104,BLOCK 15,LOT 12, CASE NUMBER S97-058.
Mr. Sverdrup stated this duplex was completed some time ago and that Planning and Zoning Commission had stipulated
the driveway should be widened to 18', which had been completed prior to the meeting. Councilman O'Brien
MOVED to approve preliminary and final plat for Phillips Condominiums as presented. Councilman Poma
SECONDED the motion,which CARRIED with a 4-2 vote. Councilman Mower and Apps cast the nay vote.
AGENDA ITEM#38-CALL TO THE PUBLIC.
No one from the public came forward to speak.
AGENDA ITEM #39 - PURSUANT TO A.R.S. 38-431.03.A.3., AND A.R.S. 38-431.03.A.7., VOTE TO GO
INTO EXECUTIVE SESSION FOR DISCUSSION/OR CONSULTATION FOR LEGAL ADVICE WITH
THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; AND DISCUSSIONS OR
CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO
CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION
FOR THE PURCHASE OR LEASE OF REAL PROPERTY.
Mayor Miles stated the Council would not be meeting in Executive Session.
L
Town Council Regular Session 1/15/98
Page 9 of 10
AGENDA ITEM#40- RETURN TO REGULAR SESSION AND ADJOURNMENT.
Councilman Poma MOVED to adjourn the meeting. Vice Mayor Wiggishoff SECONDED the motion, which
CARRIED unanimously. Mayor Miles adjourned the meeting at 9:20 p.m.
TOWN OF FOUNTAIN HILLS
By:
rry es,Mayor
A 1"tST:
Cassie B.Hansen,Town Clerk
PREPARED BY: a....) (c oc,„ „/
Linda D.Lemmen,Administrative Assistant
CER 111-1CATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting held by voil)
the Town Council of Fountain Hills on the 15th day of January 1998. I further certify that the meeting was duly called and that
a quorum was present.
DATED this 5th day of February 1998.
gMA."--)
Cassie B.Hansen,Town Clerk
Town Council Regular Session 1/15/98
Page 10 of 10