HomeMy WebLinkAbout1999.0902.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 2, 1999
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:00
P.M., Thursday, September 2°d, 1999, in the Fountain Hills Town Hall Council Chambers, located at 16836 E.
Palisades Blvd.,Building B,Fountain Hills,Arizona.
Mayor Morgan convened the meeting announcing there would be a change in the order of the agenda. The
Town Council would proceed with the Cox Communication presentation first to be followed by the pledge and
then the invocation.
Mayor Morgan called on Steven Wright, the Cox Communication representative. She announced the Cox
Communication representatives would be on hand after the presentation to talk one-on-one with anyone whose
questions had not been answered. He introduced Julia Chevron, a member of the Cox Communication
government relation team.
Mr. Wright briefly discussed the current status of Cox and the future upgrade plans for Fountain Hills. Mr.
Wright stated some of the service outages were directly related to the work done in the right-of-way by a
developer, contractor or a utility company. He explained that Cox Communication was limited by law for what
they could be compensated for, which he described as reimbursement for the time of the technician(s) sent to
repait the cut and materials used.
Councilwoman Wiggishoff inquired who regulated Cox Communication regarding service repair. Mr. Wright
replied it was the FCC who set the regulations on that sort of thing. Councilwoman Wiggishoff pointed out it
was the FCC and not the Town of Fountain Hills who regulated Cox Communication.
Mayor Morgan asked Mr. Wright to explain why contractors opted to cut lines. Mr. Wright responded it was
cheaper for the contractor to cut lines verses having the Cox Communication technician on site to cut the line
and repair it once the contractor was finished even though it would minimize the amount of inconvenience for
the public.
He acknowledged older equipment adjustment problems due to temperature fluctuation. He discussed rain fade,
which would effect the quality of the signals Fountain Hills' residents receive. He stated Cox Communication
would upgrade the Fountain Hills system by eliminating the microwave process and replacing it a fiber optic
feed into Fountain Hills. He stated the upgrade would start in approximately 18 months. He explained that Cox
Communication was working with SRP in a joint trenching operation to minimize disruption of service to the
residents as well as expedite the upgrade process.
Mayor Morgan asked if there questions. Councilman Poma asked why reception could be wavy even on a clear
day. Mr. Wright responded that any number of problems could effect the reception such as the fluctuation in the
microwave signal, the constant adjustment by the control center, individual television signal leakage, and the
extreme heat of the Arizona climate.
Mayor Morgan inquired why the cost of cable continues to go up and the residents did not get any new channels
for the additional cost. Mr. Wright explained their program content was purchased from other companies and
some channels were more expensive. When those companies raise their rates, Cox must pass the raises on to
their customers. Mayor Morgan asked since Fountain Hills was not getting those extra channels, why should the
citizens of Fountain Hills pay for them. Mr. Wright responded that not everyone experienced the same increase.
It would depend on the service tier purchased by the individual households.
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Page 1 of 17
Bob Sigon, 16201 Bottlebrush
Why aren't the Learning Channel,Home and Garden, or the History Channel being offered?
Mr.Wright said there was limited space in Fountain Hills on the number of channels that could be offered.
Councilman Poma asked why Fountain Hills was paying the same price for the basic tier as Scottsdale and
Phoenix and receiving fewer channels. Mr. Wright reasoning was that Fountain Hills was in a remote site.
Councilman Poma responded by asking the Town Manager Paul Nordin when the contract with Cox
Communication expired. Mr. Nordin stated Fountain Hills had entered into a 15-year contract approximately
eight years ago, though the agreement was a none exclusive license with no prohibition for other service
providers. He did remind the Council that at that time an exhaustive effort had been made, which resulted in no
other bidder coming forward. He explained that in terms of penalty clauses, there were none other than the
Town's ordinance of digging in the right-of-way that would be applicable.
Ray Moore, Director of Information Technology for the Fountain Hill School District at 14605 N. Del Cambre
He stated he lived in Phoenix but was looking forward to fiber optics being installed in Fountain Hills. He
acknowledged Cox's large commitment to the educational community such as cable in the class room initiative.
He inquired about using some of the fiber capacity to link various school buildings for private networking. Mr.
Wright said their commercial folks would entertain a discussion about that option.
Mayor Morgan closed the presentation and directed the public to Building C where the Cox representatives
would be available to discuss individual concerns.
Mayor Morgan called the regular session of the Town Council to order.
ROLL CALL - Following the pledge to the flag by Cub Scouts from Troop 243, Den 2 and the invocation by
Pastor Joel Bjerkestrand, Shepherd of the Hills Lutheran Church,roll call was taken. Present for roll call were the
following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Pen Mower and
Councilmembers John Wyman, Sharon Hutcheson, Sid Apps, Marianne Wiggishoff, and Al Poma. Also present
were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen, Town Engineer Randy
Harrel,and Director of Community Development Jeff Valder.
Mayor Morgan announced the Agenda Item #7 would be continued until the September 16th Town Council
meeting and then read the remaining Consent Agenda, which consisted of the following agenda items:
AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE MEETING MINUTES OF AUGUST
10TH AND 16TH, 1999.
AGENDA ITEM #2 — CONSIDERATION OF RESOLUTION 1999-44, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS LOCATED WITHIN THE PROPETY LINES OF PLAT 412-A, BLOCK 1, LOTS 1 & 2
(FIREROCK PARCEL G) AS RECORDED IN BOOK 158 OF MAPS, PAGE 20 AND PLAT 412-B,
BLOCK 2, LOTS 1 & 2 (FIREROCK PARCEL G) AS RECORDED IN BOOK 63 OF MAPS, PAGE 2
RECORDS OF MARICOPA COUNTY,ARIZONA(FIREROCK LLC) EA 99-19.
AGENDA ITEM #3 — CONSIDERATION OF PRELIMINARY AND FINAL PLAT FOR THE 2-UNIT
BLUE CHIP CONDOMINIUMS #33, LOCATED AT 12011 NORTH FOUNTAIN HILLS
BOULEVARD, CASE NUMBER S99-018.
AGENDA ITEM #4 — CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR TH 8-
UNIT HACIENDA VISTA CONDOMINIUMS, LOCATED AT 12609 NORTH LA MONTANA DRIVE,
CASE NUMBER S99-023.
Lir
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Page 2 of 17
AGENDA ITEM #5 - CONSIDERATION OF THE FINAL REPLAT OF LOTS 19 & 20, PLAT 423,
BLOCK 3,TO CREATE LOT 20A,A LOT JOINT PROJECT LOCATED AT 16218 EAST OCOTILLO
DRIVE AND 11608 OLD TRAIL COURT, CASE NUMBER S99-021.
AGENDA ITEM #6 - CONSIDERATION OF THE FINAL REPLAT OF LOTS 6 & 7, PLAT 302,
BLOCK 1, TO CREATE LOT 7A, A LOT JOIN PROJECT LOCATED AT 11653 AND 11645 NORTH
SAGUARO BOULEVARD, CASE NUMBER S99-022.
Vice Mayor Mower MOVED to approve the Consent Agenda as read. Councilman Apps SECONDED the
motion. A roll call vote was taken with the following results.
Councilman Poma— aye
Councilman Wiggishoff- aye
Councilman Apps— aye
Councilman Wyman- aye
Vice Mayor Mower- aye
Councilman Hutcheson - aye
Mayor Morgan- aye
The motion CARRIED unanimously with a roll call vote.
AGENDA ITEM 7 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED
BY ENRICO CUOMO FOR MAMA'S PIZZA CUCINA LOCATED AT 16852 PARKVIW. THE
APPLIATION IS FOR A NEW SERIES 12 RESTAURANT LIQUOR LICENSE.
This agenda item was continued until the September 16th meeting of the Town Council.
AGENDA ITEM #8 - UPDATE ON THE,,LIBRARY MUSEUM PROJECT PRESENTED BY
ARCHITECT ROB DIETZ.
car Mr. Rob Dietz, Hoffmann — Dietz Architects, gave a presentation of the proposed site plan, floor plan, and
elevation plan of the Library Museum project. He informed the Council that on Monday evening he had
presented and gained approval from that commission the Community Center revised lobby and elevations,
which were instrumental in the design of the museum elevation. He explained the museum area was blank at
this time but because of the meeting the museum architect could now begin to fill in the blanks.
Councilwoman Wiggishoff inquired if additional windows in the adult reading area had been considered. He
said yes, but the library people said views were not important. He viewed this as an opportunity to make the
library more transparent. Councilwoman Wiggishoff expressed perhaps a user of a reading room might want to
look out given the views. Mr. Dietz stated he would study the elevation for more transparency and view
attributes. Councilman Wyman asked about the problem of heat transfer if more windows were added given the
Arizona:climate. Mr. Dietz said when the library opened at 9 a.m. the sun would be in more of a vertical line
and some protection could be made to accommodate the sun and still allow for the benefit of a more transparent
view out.
Councilwoman Hutcheson asked if the layout of the restrooms would accommodate usage when other functions
were being held in the courtyard area. Mr. Dietz explained that the restrooms in the community center would be
a better facility to use as they could be supervised during a function held in the courtyard. Councilwoman
Hutcheson stated she saw a need for a view of the hallway entering the restrooms from a security standpoint.
Mr. Dietz assured her a monitor at the circulation desk would provide the visual monitoring needed. Mr. Dietz
explained that significant progress had been made and the project was on schedule with a completion date of
November 1. Mayor Morgan inquired if that was when the project would go out for bid. Mr. Dietz said yes.
Vice Mayor Mower asked if the project was within budget. Mr. Dietz acknowledged some items asked for had
been out of the original scope of the project and called on the President of the Historical Society, Alan
Cruikshank, to elaborate.
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Town Clerk Cassie Hansen clarified that one of the things the commission had looked at was having an indoor
restroom as opposed to a port-a-john situation when planning a small reception in the courtyard area and that
was why the commission had wanted the indoor restrooms accessible to the courtyard. Mayor Morgan
questioned whether those situations would be the exception rather than the normal operating procedure. Ms.
itiw Hansen said yes.
Allen Cruikshank,President of the Historical Society(Ashbrook Drive)
He said the committee was requesting the Town Council consider an alternative plan of moving the parking lot,
on the north side and closer to El Lago Boulevard, to allow for future expansion of the museum. He called on
the museum architect Don Riden to explain.
Mr. Riden discussed the site plan, explaining the museum facility would reach out to all ages. He said part of
the program would be to provide space for story tellers, large displays of machinery from area farms and mines
from,cultural crafts and arts of early and native Americans, and a meeting area for bus and jeep tours. In order
to do this; they anticipated approximately 1,000 square feet of outdoor space would be needed next to the
exhibit building. They were asking Council for the opportunity to phase those needs. He said they did not want
to preclude this future option for the community. While the 1,000 square feet needed for this option would not
be built now, they wanted to assure the space would be available when the time came to construct the outdoor
display area.
Councilwoman Wiggishoff pointed out the proposed plan would increase the walking distance to reach the
library. She suggested that the museum grow into the current space and use the plaza area in the front of the
building for outdoor exhibits. She agreed that if the demand was there, the parking lot could be adjusted at a
later date. Mr. Riden said the idea of exhibits in the plaza area was a good one from a security standpoint,
depending on what the displays were. He proposed rather than shifting the entire parking lot in the future, they
suggested putting in bonus parking,which would not be counted today so that if it were to be taken away the
project would still have the correct count. The parking lot would actually bring the people closer to the museum
and library's front door. Councilman Apps asked what the cost would be. Mr. Riden said as this had been
�► ,, discussed just yesterday there were no cost figures available. Vice Mayor Mower asked Mr. Riden to indicate
on the map where the handicap parking would be and Mr. Riden confirmed the handicap parking would not
change.
Councilman Poma stated he saw no problem shifting the parking lot as displayed in Plan B but he asked who
would bear the expense of the change. Mr. Riden answered he did not know,but with this alternative coming to
everyone's attention now, adjustments and trade-offs could be made to minimize the cost impact.
Councilwoman Wiggishoff stated if the change could be done within budget, she thought it was a good idea.
AGENDA ITEM#9—UPDATE BY THE SANITARY DISTRICT ON EFFLUENT ISSUES DIRECTLY
AFFECTING- THE FUTURE DEVELOPMENT OF THE COMMUNITY CENTER AND
LIBRARY/MUSEUM PROJECTS.
Vice Chairman of the Sanitary Board Bruce Hansen, 15716 Sunburst
Addressed the Town Council on the effluent problem. He said the Sanitary District was on track to obtain their
permits from the Arizona Department of Environmental Quality sometime in November. He stated that the
Sanitary District was currently negotiating with Chaparral Water for two wells to begin the injections, and
would begin negotiations with MCO for five acres of land for an advanced treatment plant for a future injection.
He stated the Town would need about 7 wells and based on everything known today, injections would begin in
the late spring.
He stated the Sanitary District was the ground breaking for the library museum and community center project be
postponed until April. This would carry the district through the season and would be well on the way to
injections
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Vice Mayor Mower asked Mr. Hansen to confirm that the effluent used at the Desert Vista Park(302 Park) was
to have been a trade to allow the Town to begin construction of the Library Museum/Community Center at any
time. Mr. Hansen said yes, that originally had been the plan. Vice Mayor Mower asked if they had some
concern the process would not work. Mr. Hansen said no, but the Sanitary District would like a safety cushion
through the current season and by the Town agreeing not to break ground until April would allow for cushion to
be maintained.
Councilman Apps asked if the cost of construction would increase for the project if construction were
postponed. Mr.Nordin responded that he estimated the bids should be good for that short of a time frame.
Councilwoman Wiggishoff inquired if the permits applied for were test permits. She also asked, if the process
worked, would the permits then be issued for a longer period of time or was the town on probation. Mr. Hansen
explained the permits were issued for a 2-year pilot project in order to refine the process the town would need to
comply with in the future.
Councilman Poma asked Mr. Hansen what other surrounding cities were using this process. Mr. Hansen stated
Scottsdale, Orange County, Intel, Chandler, and Phoenix. He confirmed that the Sanitary District, with minor
modifications, could inject the water produced now, which they were capable of doing at this time without
constructing any additional facilities. Vice Mayor Mower inquired if public opinion was yet needed. Mr.
Hansen said yes. He explained an opportunity for the public to comment would begin at the end of this month.
He said it was four-week process, which must be completed before the permits would be issued.
Councilwoman Hutcheson asked if Scottsdale did injections as it was her impression they used vado wells. Mr.
Hansen confirmed Scottsdale did inject effluent and explained the process. Mr. Huber further explained each of
the three different methods of injection: recharge — recovery, percolation(which was impossible in Fountain
Hills), vado zone, and indirect injection. He said the pilot program was an appropriate method of learning
enough for a full-scale project,but also a way for the town to do injections and meet reasonable water standards.
Mayor Morgan asked if the public had any questions.
Mark Van Boeckel, Cabrio Dr.
He inquired if AGEQ might demand more pure water than the town could produce at this time. Mr. Hansen said
not at this time, but they were making plans for the future if so required. Mr. Van Boeckel asked how the Indian
Community felt about the process. Mr. Hansen stated he knew of no problems but indicated they would be
meeting with them.
Vice Mayor Mower inquired if the injection posed any problem of gas as was experienced in the north end of
town. Mr. Hansen stated the gas leak was on the surface and was confident it would not make it to the aquifer.
AGENDA ITEM #10 — CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY
CHRISTINE COLLEY FOR THE SOUTHWEST GERMAN SOCIETY, 16033 PRIMROSE DRIVE,
FOR A FAMILY OKTOBERFEST CHEDULED FOR FRIDAY (5:00 P.M.TO 10:00 P.M.)SATURDAY
(11:00 A.M. TO 10:00 P.M.), AND SUNDAY (11:00 A.M. TO 6:00 P.M.), OCTOBER 1, 2, AND 3, 1999.
THE EVENT WILL OCCUPY THE WEST PORTION OF FOUNTAIN PARK AND A SECTION OF
SAGUARO BOULEVARD BETWEEN THE AVENUE OF THE FOUNTAINS ND PARKVIEW
REQUIRING A STREET CLOSURE.
Town Clerk Cassie Hansen explained that this item would have generally appeared on the consent agenda,but at
the request of one of the Councilmembers it was placed on the regular agenda for discussion. She stated that
this event was the 2nd Annual Octoberfest sponsored by the Southwest German Society. She confirmed that the
applicant had met with town staff and the fire marshal in order to alleviate any problems as were experienced
during last year's event. She said permission for parking had been obtained from the joint property owners, the
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event was to begin at 5:00 p.m. on Friday, October 1, 1999 and Saguaro Boulevard and would not be closed until then, secure fencing around the area with only one entrance gate was to be secured by the posse, and the
Town Council Regular and Executive Session 9/2/99
Page 5 of 17
applicant had implemented the use of a wristband as an additional security measure against underage drinking.
She concluded that the event was diligently coordinated and the applicant was available for questions.
Councilwoman Wiggishoff MOVED to approve the special event request. Vice Mayor Mower SECONDED
the motion. Councilman Poma inquired if there was an adequate fence surrounding the drinking area. Ms.
Hansen responded yes the chain link fence would run the entire perimeter and down to the lake. Marshal
Gendler stated that last year a number of liquor laws had been violated and those issues had been corrected this
year with the improvements.
Mayor Morgan asked for public comment and with none forthcoming she called for the vote. The motion
CARRIED unanimously.
AGENDA ITEM #11 — CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY CHRISTINE COLLOEY FOR THE SOUTHWEST GERMAN
SOCIETY, 16033 PRIMROSE DIRVE. THE GROUP IS APPLYING FOR THE LICENSE TO HAVE
A FUND RAISER DURING THE OKTOBERFEST ACTIVITIES SCHEDULED FOR FRIDAY,
OCTOBER 1 FROM 5:00 P.M. TO 10:00 P.M.; SATURDAY, OCTOBER 2 FROM 11:00 A.M.TO 10:00
P.M.; AND SUNDAY,OCTOBER 3 FROM 11:00 A.M.TO 6:00 P.M.
With the issues addressed on the previous agenda item, Mayor Morgan asked if there were comments from the
public and no one came forward. Vice Mayor Mower MOVED to approve the special event liquor license
application. Councilman Apps SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #12 — PUBLIC HEARING ON A SPECIAL USE PERMIT APPLICATION FOR A
STEALTH WIRELESS COMMUNICATIONS FACILITY LOCATED AT 16239 E. IRONWOOD
DRIVE(FIRST ASSEMBLY OF GOD CHURCH), CASE NUMBER SU99-03,
Mayor Morgan stated agenda item #13 would be continued but the public hearing would take place as it had
been posted.
Mayor Morgan recessed the regular session and opened the public hearing at 7:30 p.m.
Mayor Morgan asked Senior Town Planner Geir Sverdrup for staff comment. He stated staff was ready to make
their presentation and he confirmed there were two letters of opposition. He said that was why the applicant had
asked for a continuance in an effort to work with the neighborhood and alleviate their concerns.
Mr. Sverdrup explained this was a special use permit request by voice stream wireless to utilize a 60-foot high
stealth flagpole as a cellular facility located at the First Assembly of God Church on Fountain Hills Boulevard.
He confirmed staff had recommended denial to the Planning and Zoning Commission and the Planning and
Zoning Commission was recommending the Town Council deny the applicant's application. He stated the
biggest concern was the church's lack of concern for the neighborhood and the impact of the church's past and
present projects in the area. Staff questioned if wireless communications should be part of the church's function
to the community.
He stated an existing flagpole was normally what staff looked for, but in this instance a higher elevation might
serve the community better than the proposed site. He stated staff had gone through all the goals and policies of
the telecommunications act and felt the covenanted location did not fully meet all the goals and intent staff
wanted and another site would serve the community better. He confirmed the site was a stealth facility, but a
monopole with a consistent thickness from the top to the base would have a greater impact than a normal
flagpole, which narrows towards the top.
Mayor Morgan asked for public comment.
Frank September, 16206 Palisades Blvd.
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Page 6 of 17
He stated he was in favor the wireless communication facility as it was a needed site and it was an existing
flagpole.
Jonathan Martin, 12033 Organ Pipe
He was against the wireless community facility because views would be effected and because of the impact the
facility would have in the neighborhood.
Councilman Poma inquired if there were any other existing poles. Mr. Sverdrup stated the only other facility
would be at the entrance of Fountain Hills near the convenience center. He said other cellular facilities were
located throughout the town: at the Baptist Church on Saguaro Blvd., Shepherd of the Hills, and the SRP site at
their substation. Community Development Director Jeff Valder confirmed there were quite a few existing
facilities. Councilman Poma stated he was inquiring about sites of that height. Mr. Valder said there was a
water tank where staff would encourage the applicant to use the existing structure to mount their equipment.
Councilman Apps asked who determined if the flagpole was to be lit. Mr. Sverdrup confirmed the current plans
did not show the pole lit. He explained the town would have to issue the electrical permit if the applicant
wanted the flagpole lit, but staff would ask the town attorney for his opinion. Mayor Morgan asked staff to
research and be able to provide the answer when the item again came before the Council.
Mayor Morgan closed the public hearing and reconvened the regular session at 7:42 p.m.
AGENDA ITEM #13 — CONSIDERATION OF THE SPECIAL USE PERMIT APPLICATION FOR A
STEALTH WIRELESS COMMUNICATIONS FACILITY LOCATED AT 16239 E. IRONWOOD
DRIVE(FIRST ASSEMBLY OF GOD CHURCH), CASE NUMBER SU99-03.
This agenda item was continued at the request of the applicant for a future meeting.
fittior AGENDA ITEM #14 —PUBLIC HEARING ON A SPECIAL USE PERMIT APPLICATION FOR A
GROUP HOME (SENIOR LIVING CENTER) IN THE "C-2" COMMERCIAL ZONING DISTRICT,
LOCATED IN TOWN CENTER 1, LOTS 1 AND 2, EAST OF FOUNTAIN HILLS BOULEVARD AND
NORTH OF AVENIDA VIDA BUENA, CASE NUMBER SU99-04.
Mayor Morgan recessed the regular session and opened the public hearing at 7:43 p.m.
Mr. Sverdrup stated this was a three-stage senior care facility consisting of independent care facility, assisted
care facility, and skilled nursing unit. He stated the Planning and Zoning Commission recommended approval
of this application subject to staff stipulations of maintaining the independent care facility at two stories or to 32
feet. Director Valder had made the interpretation that since the independent care facility was more of a multi-
care facility, and the Town had held such projects to standards, it was felt the independent care facility would
have to meet the same standard of 30 feet. In granting the 32 feet allowance staff showed latitude for
architecture articulation.
He explained the skilled nursing and assisted care facilities were more of a commercial nature and could be built
up to 40 feet in height within the C-2 zoning district. Due to recent revisions made, staff recommends that the
Council make one additional stipulation, which would be to approve what the elevations for the independent
care facility as submitted on 9-2-99. Other than that, staff recommended approval of both the special use permit
and the cut and fill waivers. Mr. Sverdrup discussed the displayed the site map of the proposed senior living
center. He stated there was the possibility for the need of additional cut and fill waivers now that the applicant
had begun some work on the courtyard on the independent care facility and he asked the Town Council allow a
revised exhibit for approval by staff as long as it did not exceed the standard or the cut and fills requested.
Council Poma asked Mr. Sverdrup if the plan before the Town Council was different than those presented to the
Planning and Zoning Commission. Mr. Sverdrup confirmed these were the revised plans. Councilman Poma
asked if only two stories would been seen from Avenue of the Fountains. Mr. Sverdrup said that was not quite
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Page 7 of 17
accurate. He explained the assisted living care facility would have a portion of three stories along Avenida Vida
Buena. However, because it was a commercial oriented use, it could be built to the height of 40 feet. A small
portion of the three stories would be seen as it stepped down to two stories by the time you reached the skilled
nursing unit. Vice Mayor Mower asked for the site plan to be redisplayed and inquired what portion of the
complex would be seen from Avenue of the Fountains and Avenida Vida Buena. Director Valder indicated on
the visual display what portions of the buildings would be seen. He confirmed the three stories would not be
visible from outside of the facility. He stated the only way three stories would be seen would be from the
interior of the courtyard of the project itself.
Councilwoman Wiggishoff inquired as to how the drainage would be handled. Mr. Sverdrup stated that
engineering had put together strict stipulations, which would assure proper drainage. He stated those restrictions
would be handled through the building permit process.
Councilman Poma asked Mr. Sverdrup to clarify exactly what the project would consist of. Mr. Sverdrup
explained it was to be a 90-room independent care facility,the assisted care was to be a 90-room facility, and the
skilled nursing was to be a 64-room facility.
Mayor Morgan asked for public comment.
Bob Barbanica, 16263 E. Hyde Park
He stated he was for the project though he was concerned about the height issue and inquired if the building
would impose on the mountain views even though recessed.
Mr. Sverdrup responded by stating that one full story of the building would be cut into the ground. Councilman
Poma asked how high the building was. Mr. Sverdrup said the first level, which was the independent unit of the
facility would be allowed to be built at a height of 32-feet with the back half of the building from the western
grade having a maximum grade height of 32-feet. He stated the grades were such that the 40—foot height of the
building would not have the same impact as if it were built at a height of 40-feet across the entire site.
Mark Van Boeckel, Cabrio Dr.
Mr. Van Boeckel reminded the Council a special use permit could be requested if the property owners had a
compelling reason. He saw no compelling reason since it was for a business built for profit with their architects
being fully aware of Fountain Hills' building rules. Yet the building was designed trying to circumvent an
ordinance the Town enacted. He was against the project as presented.
Jerry Quinn, Member of the La Vida Buena community
Their community had viewed a display of the elevations from Avenida Vida Buena and he stated that display
was not at this meeting. He asked for clarification as to what would be seen from Avenida Vida Buena. Mr.
Valder stated the elevations had not been changed. He explained the modification that the Planning and Zoning
Commission had taken action on was limited to the structure on the far northside of the project. The assisted
living and skilled nursing structures had not been modified. Mr. Quinn expressed concern large commercial
vehicles would need access to this facility and impede neighborhood traffic. Mr. Sverdrup again pointed out the
property was zoned C-2. He expressed that this facility would have less of an impact than other commercial
project allowed to be built in C-2 zoning. He stated the delivery area in the facility was located in the center of
the project and he confirmed engineering would have to work out the logistics for specific commercial traffic
exits and entrances.
Bev Kinsey, 17120 Fairway Ct.
She inquired if the Council had the authority to verify the solvency of the developer in order to assure the
community of completion of the project. Councilman Poma asked the Town Manager Mr. Nordin to respond.
Mr. Nordin stated the Town did not have the ability to check the applicant's financial capabilities, but deferred
the question to the Town Attorney Bill Farrell. Mr. Farrell said the Town did not have the authority to check the
financial stability of the developer.
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Page 8 of 17
Bob Barbanica,E. Hyde Park
He stated he hoped the Council would not be swayed to build a three-story building to be built anywhere in
Town. Councilwoman Wiggishoff asked if he was concerned about the three stories or the height of the
L. building. He responded both. Mr. Barbanica repeated that the people from Avenida Vida Buena would see
three stories. Mr. Sverdrup confirmed there would be a small portion of the assisted care facility, which would
have an elevation, on Avenida Vida Buena, of 40 feet.
Mr. Sverdrup stated the C-2 zoning district did allow a 40-foot building height as a right. He further explained
the request for the special use permit was for the group care facility and did not have a use by right, but it had a
use by discretionary approval by the Town Council through the special use permit process. The special use
permit was not granting the height issue as it was already built into the C-2 zoning district. The discretionary
approval was through the Town Council. He stated through past history with the Town Council and
interpretation made by staff the independent care facility was more of a multi-family type use and staff would
hold it to the same M-1 standards as they had with the Villas of Fountain Hills and Thunder Ridge. He further
explained assisted care and skilled nursing facilities were more of a commercial nature and staff felt the 40-foot
height in those places would be appropriate. He noted the skilled nursing facility was only one story.
Councilman Poma stated he felt comfortable with this plan because the three-story look would be on the inside
of their courtyard. The third building would not be as high as the first two buildings because the building would
be cut into the property. And since the C-2 zoning allowed for a 40-foot building height and the way the
developer worked with staff to minimize the impact he felt comfortable approving the plan.
Councilman Wyman asked for clarification that staff had put stipulations in place and those stipulations had
been considered by the Planning and Zoning Commission who voted unanimously in favor of recommending
approval of the plan to the Town Council. Councilman Wyman stated he had a lot of confidence in the work
that the Planning and Zoning Commission puts into this type of thing and he was also comfortable with the
development plan. Mr. Sverdrup stated only a small portion of the independent care facility was hidden by the
common building that would exceed the 32-foot two-story stipulation. Through staffs work with the developer,
the developer'had taken all of the public view down to 32-feet and two stories, which staff felt met the intent of
the stipulation.
Councilman Wyman asked if the Planning and Zoning had been aware of the small portion that was visible at
the time of the unanimous vote to recommend approval to the Town Council. Director Valder confirmed that
last week the Planning and Zoning Commission did not have the elevations that were being presented to the
Town Council. The Planning and Zoning Commission had seen a pure three-story structure all the way around.
This past week staff was able to meet with the applicant and worked out the agreement whereby they would take
almost all of the visible three-story portions of the independent living structure and reduce those to 32-feet. The
stipulation that staff and the Planning and Zoning Commission had recommended was that the independent
portion of the project be two-stories and 32-feet. He concluded that what was being reviewed tonight was not in
strict conformance with the stipulation because staff technically measures the height of the structure from pre-
existing or proposed grade, whichever was lower. He stated staff felt, because the project in total was
worthwhile to the town and provided for a needed facility, and with the reworking of the one structure staff had
gone as far as they could. Technically the stipulation made last week was not complied with, but the general
intent had been done.
Councilwoman Hutcheson asked Director Valder to confirm the assisted and the skilled facilities heights were
never an issue as they were deemed a commercial use with the Planning and Zoning Commission. He agreed
the use was fine. She then stated the only issue was the independent care facility because of the comparison to a
multifamily zoning and that was where the height restriction came from. Director Valder said that was correct.
She concluded so even though the assisted living was allowed to be 40-foot in height because that was a
commercial use, that height was never challenged because that was an allowable height in that commercial
district. The skilled facility, which was also a commercial use, could have been built to the 40-foot height but
was to be only one story. So the part of the project that was the most controversial was the independent care
facility, because that was like multi-family and no one wanted another Four Peaks Vista. She stated that was
Town Council Regular and Executive Session 9/2/99
Page 9 of 17
where the Planning and Zoning came in with 32-feet height restrictions for multifamily zoning. She clarified the
facts that since Planning and Zoning had looked at the project, what was being presented to the Council tonight
would be 32-feet on the independent care facility except if standing on the interior courtyard. She concluded the
cir only portion of the plan that had changed, was that if standing on the inside the project it would look higher and
if on the outside of the project it was exactly what the Planning and Zoning Commission was asking for. Only
they did not get to the elevation drawing being presented to the Council. Director Valder agreed, and asked that
the Council keep in mind staff was working with conceptional site plans and that there would be some
adjustments when creating construction plans. He explained the grades utilized might change somewhat and he
did not want the Council to hold him to the fact they would not see any walls from the ridgeline down to the
ground floor of over 32-feet and if it turned out to be 36-feet. He confirmed staff would hold the developer
strictly to the elevations being reviewed and he requested the Council include in any motion to approve include
those elevations for conformance by the developer.
Vice Mayor Mower asked if the project would block the view of the McDowell mountains or was Safeway all
ready blocking more that what this project would impact. Director Valder stated he had not done a viewshed
analysis from the community center,but because this project was closer to the Community Center than Safeway.
Therefore, it might interrupt more of the view. He verified this project was probably 15 to 20-feet lower than
Safeway and the front facade of Safeway was probably in excess of 30-feet. Vice Mayor Mower concluded that
this project would probably block the view of the Safeway plaza and not that of the McDowell Mountains.
Director Valder responded it was his opinion Safeway would be blocked from view and a portion of the
McDowells.
Councilwoman Hutcheson stated that the property was zoned C-2 and whatever built in that zoning could be 40-
feet in height. She said this project was a combination of various elevations. Councilman Poma said this
project would bring in less traffic than retail stores, which were also allowed in this zoning district.
Town Manager Paul Nordin stated it was possible that if a permitted business C-2 use business were to come to
Li" town hall, permits could be pulled over the counter without the Town Council's permission. He acknowledged
that the control the Town Council had tonight over this facility was because of the special use permit process.
Jerry Quinn
He inquired if the empty parcel next to the project was being held for future expansion or what was the plan for
the land. Director Valder stated the applicant was present and could explain their plans and how the operation
would work.
Councilman Poma asked if the applicant would again have to come before the Council if they wanted to build in
the empty parcel. Director Valder stated not if it was a doctor's office or some other use that would be
appropriate. Councilman Poma clarified he was asking about the building height issue. Director Valder stated
they would simply have to apply for a building permit just as the Town Manager had explained.
Brad Leaf, Representative of Fountain View Village, 1315 Coal Creek Drive, Omaha,NE
He confirmed they had been closely working with staff. He said they felt the project would enhance the
community. He confirmed they were financially viable and had good references, which passed MCO' scrutiny.
He said they had not determined what the last lot would contain. He hoped the facility would grow with the
Town and that would be determined later. He described as what he saw the usage of the three facilities to be
and a general review of the living facilities floor plans.
Mayor Morgan recessed the public hearing and reconvened the regular session at 8:34 p.m.
AGENDA ITEM #15 — CONSIDERATION OF A SPECIAL USE PERMIT APPLICATION FOR A
GROUP HOME (SENIOR LIVING CENTER) IN THE "C-2" COMMERCIAL ZONING DISTRICT,
Town Council Regular and Executive Session 9/2/99
Page 10 of 17
LOCATED IN TOWN CENTER 1, LOTS 1 AND 2, EAST OF FOUNTAIN HILLS BOULEVARD AND
NORTH OF AVENIDA VIDA BUNA, CASE NUMBER SU99-04.
Councilman Poma MOVED for approval of the special use permit and Councilman Apps SECONDED the
Loy motion, which CARRIED unanimously.
AGENDA ITEM #16— CONSIDERATION OF A CUT AND FILL WAIVER FOR TOWN CENTER 1,
LOTS 1 AND 2, FOR CUTS UP TO 19 FEET AND FILLS UP TO 19.5 FEET, LOCATED EAST OF
FOUNTAIN HILLS BOULEVARD AND NORTH OF AVENIDA VIDA BUENA, CASE NUMBER
CFW99-05.
Councilman Apps MOVED to approve the cut and fill waiver. Councilman Poma SECONDED the motion,
which CARRIED unanimously.
AGENDA ITEM #17 — PUBLIC HEARING ON AN AMENDMENT TO THE ZONING ORDINANCE
FOR THE TOWN OF FOUNTAIN HILLS TO ALLOW DUPLEX-ZONED LOTS TO UTILIZE LAND
DISTURBANCE BY THE 'FOUR TIMES THE FOOTPRINT' RULE,CASE NUMBER Z99-17.
Mayor Morgan recessed the regular session and opened the public hearing at 8:37 p.m.
Mr. Sverdrup explained this was a text amendment, which was unanimously recommended by the Planning and
Zoning Commission for approval by the Town Council. He stated currently that the R-2 zoned lots must utilize
the hillside analysis method of 0-15% and 15% greater for hillside disturbance. He explained that with the few
remaining lots left in town, many of them were 100% at the 15% slopes and greater and staff had developers
who were finding it difficult to develop a nice unit on the lot. He stated staff felt that since duplex lots had a
low intensity use that four times the footprint would be an acceptable means to calculate hillside disturbance.
The purpose of the text amendment was to remove duplex lots from the hillside analysis and grant the ability to
use four times the footprint and not preclude them from using the hillside analysis should that provide a better
disturbance. Staff recommended the Town Council approve the text change as presented.
Councilwoman Wiggishoff asked for wording clarification of the amendment. Mr. Sverdrup explained the same
basic language was used as in the existing ordinance.
Councilman Poma inquired if this referred to the set back issue. Mr. Sverdrup responded the R-2 setbacks had
not changed, but multi-family zoning districts had been removed approximately a year ago from the ability to
use four times the footprint.
Vice Mayor Mower asked how many duplex lots were left in town. Director Valder estimated less than 50
remained.
Mayor Morgan asked for pubic comment and no one came forward. She closed the public hearing and
reconvened the regular session at 8:41 p.m.
AGENDA ITEM #18 — CONSIDERATION ORDINANCE 99-25 AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ALLOW DUPLEX-ZONED LOTS TO
TUILIZE LAND DISTURBANCE BY THE 'FOUR TIMES THE FOOTPRINT' RULE, CASE
NUMBER Z99-17.
Councilman Poma MOVED to approve the text amendment to Ordinance 99-25 and Councilman Wyman
SECONDED the motion, which CARRIED on a vote of 6— 1. (Councilwoman Wiggishoff cast the nay vote.)
AGENDA ITEM #19 — CONSIDERATION OF PETITION TO MODIFY THE TRAFFIC FLOW ON
BLACKBIRD DRIVE BETWEEN GLENBROOK BOULEVARD AND BOULDER DRIVE BY
Nov INSTALLING A 30-DAY TEST CLOSURE AT BOULDER DRIVE.
Town Council Regular and Executive Session 9/2/99
Page 11 of 17
Town Engineer Randy Harrel explained over the last year there had been a number of speeding complaints on
Blackbird Drive and the Marshals Department had taken enforcement action on those complaints. In response
to those complaints, the Engineering Department met with the neighborhood residents on May 11. Mr. Harrel
Lie reviewed the traffic statistics: 1100 vehicles a day on the residential street of which an estimated 800 vehicles
were cut through vehicles with the other 300 vehicles being from the neighborhood. The traffic speeds in the
area ranged from 38 mph in the 85% and down hill speeds of 40 mph in the 85%. The speed for this street was
posted for 25 mph. The neighbors discussed a number of options of traffic calming at the May 11 meeting and
had unanimously voted to circulate a petition to request closure of the street. He said in accordance with the
traffic-calming manual, the petition was circulated and they had received the 75% of the neighbors' signatures
approving the closure of the street. The petition was being presented to the Town Council to close Blackbird
Drive for a 30-day trial period. He concluded that at the end of that period, the neighbors had the option to
circulate a new petition for permanent closure of Blackbird and present that request to the Town Council for
consideration.
Mr. Harrel acknowledged that at the May 11 meeting he favored a less dramatic measure rather than
immediately jumping to full closure. He said he didn't oppose a full closure and confirmed it would solve the
neighbors' problems. He announced that he was in receipt of a petition from a number of the motorists who use
Blackbird as a travel route(approximately 67 signatures)who were oppose the test closure.
Councilwoman Wiggishoff asked if a study had been made as to what the implication would be if Blackbird
Drive was closed and where would the traffic be rerouted. Mr. Harrel anticipated there would be two major
routes taken: Golden Eagle Boulevard to Palisades, Bainbridge to Glenbrook, and school related traffic would
continue on Bainbridge.
Councilman Poma said he was opposed to the closure.
Councilwoman Wiggishoff MOVED to approve the petition and Vice Mayor Mower SECONED the motion.
Vice Mayor Mower asked if any of the other traffic calming options had been tried before approving the drastic
move of a full street closure, perhaps speed bumps. Mr. Harrel said over the past year the Marshals Department
had increased speed enforcement in the area, but nothing else had been tried. The neighbors unanimously voted
to move towards the closure. Vice Mayor Mower inquired if the town should first try the least offensive
calming devices before going to the most restrictive. Mr. Harrel said he would favor that.
Councilman Wyman expressed that closure was not a test or traffic calming it was traffic denial. He sited
Arroyo Vista and Hawk residents who used striping and other traffic calming methods. He also expressed
concern for the increased traffic and the congestion the closure would create. He would like to see other traffic
calming efforts used.
Councilwoman Wiggishoff stated there was an alternative route that people could take, which was Boulder to
Glenbrook. Perhaps that would shelter the Blackbird neighborhood a little bit. She acknowledged the down hill
speed of 40—45 mph. Councilwoman Wiggishoff said the 800 vehicles were a concern since it takes only 500
vehicles to even get the traffic calming issue started. She reviewed the list of calming options and said they
would not help the neighbors. She stated maybe closure would help channel the traffic where it should really be
anyway. Mayor Morgan asked why the most drastic calming measure was being considered first.
Councilwoman Wiggishoff explained that might be the only way of persuading the other 800 vehicles to try an
alternative route. Mayor Morgan asked how would the street be closed for a trial period. Councilman Poma
agreed with Councilman Wyman that this method was traffic denial and he asked where would it end. He said
he would prefer speed humps to closure. Mayor Morgan agreed his statement. Councilwoman Hutcheson
agreed the street closure was a drastic method for the first step and perhaps speed bumps or the island calming
method should be investigated.
Mayor Morgan asked for public comment.
Town Council Regular and Executive Session 9/2/99
Page 12 of 17
Karen Popowicz
She stated she had lived in the neighborhood for 13 years and was unaware of the problem. She opposed
closure due to the additional congestion the closure would create. She suggested strips to jar the drivers rather
than speed bumps in an effort to remind them of the 25-mph zone. She felt reminders should be the next step
instead of closure. She reminded them if there was an accident on Boulder and Golden Eagle there was no other
way for the Blackbird residents to get out of the development area.
Mark Van Boeckel
He explained on traveling on Golden Eagle and turning onto Bainbridge there was a berm and low-lying hedges,
which blocked the driver's view. If that was leveled, motorists from the North Heights area would probably not
take Blackbird as an alternative route. That might relieve a few hundred cars on Blackbird if the safety issue
was address on Bainbridge.
Mayor Morgan commented that there were other alternatives to closing the street as the first step.
Phyllis Kern, 15848 Centipede
She was opposed to the closure. She echoed the statement if Blackbird was closed, which street was next to be
closed. She asked that the intersection of Golden Eagle and Boulder be studied for some type of traffic control
before a serious accident happens.
Councilwoman Wiggishoff asked if a study had been done at the intersection of Boulder, Sierra Madre, and
Golden Eagle to warrant some kind of traffic control. Mr. Harrel said they had not done a study of the area and
did not anticipate it would warrant traffic control. He said traffic ran about 2,000 cars on Sierra Madre and
would guess the same amount on Boulder. Mr. Harrel stated at the intersection at Golden Eagle and Bainbridge
there was a sight line issue and would require removal of shrubbery. If a test closure was approved, he would
want to make the alternative route as attractive and safe as possible to the users. He did not think the traffic
study put that intersection in the top 40,but was not sure.
Ronald Smith, 15460 Blackbird Dr.
He favored closure and felt it was in the best interests of the neighborhood in an effort to control the speed.
John Sullivan, 15444 Blackbird Dr.
He was speaking in support of his fellow neighbors but was not fully in favor of closing Blackbird, as it would
be an inconvenience. He would like a trial closure.
Councilman Poma agreed the traffic needed to be slowed and asked Mr. Harrel why there were no speed limit
signage. Mr. Harrel said he had suggested the speed limit signage to the neighbors but the neighbors requested
closure.
Scott LaGreca,Fire Marshal and Assistant Chief
He opposed street closures or speed humps from a patient care issue. He explained Scottsdale might send
emergency vehicles, which weren't as vigilant in their driving in going over the humps. He said Rural Metro
would work with the Town Engineer to come up with solutions to that. If the street were closed, they would
require a gate or some access, which they would have control over. He said if the fire district, the marshal, and
town staff worked together perhaps an alternative solution could be found before this issue got out of control.
Mayor Morgan agreed the situation could get out of hand real fast and there was a need to find another solution.
Mr. LaGreca said the fire district would be more receptive to a test closure with the possibility of some type of
landscape barrier or gating system to allow them access rather than the speed bump or speed hump issue.
Vice Mayor Mower asked Mr. LaGreca to clarify his statement that the fire district would rather see a street
closure as long as it allowed access to emergency vehicles over the use of speed humps or speed bumps. Mr.
Town Council Regular and Executive Session 9/2/99
Page 13 of 17
LaGreca said that was the fire district view on this particular situation and if it needed to be a permanent closure,
installation of some kind of controllable access for the fire department would be desired.
(sr Councilwoman Wiggishoff stated additional traffic studies would need to be done in the area of the alternative
route to assure the routes were safe and easily negotiable. She did not feel the Town Engineer had the answer as
to what would happen at the Sierra Madre, Boulder, and Golden Eagle intersection now.
Ronald Smith
He stated a 30-day trial was an excellent way and would give the town the opportunity to see how the closure
would effect traffic and would give the residents the opportunity relearning a new path.
Vice Mayor Mower stated there was rationale to granting the 30-day test, but before the test begins the safety
issue at the corner of Bainbridge and Golden Eagle had to be addressed and did not feel it would set a precedent.
Councilwoman Wiggishoff supported the request for the test.
Phil Clark, Blackbird
He saw the two problems. He asked if the speed was controlled and not an issue would the Town be satisfied
with allowing 1100 vehicles on that residential street or must the two problems be solved jointly. Mr. Harrel
responded the amount of traffic on the street his department had set really deals with a high level of Service A.
The street could handle 1100 vehicles a day without a problem and it was really a quality of life issue and how
much traffic did the residents want to see in the neighborhood. He referred to the traffic-calming manual and
the three criteria set as the threshold for the Town to pay for the traffic calming measures. Those criteria were
the number of vehicles, set at 2,000 per day; the number of cut through vehicles, set at 500 per day; and the
speed set at 37 mph.
He stated Blackbird met two of the criteria through the number of cut through vehicles and the speed. The only
other local street that met the criteria was Arroyo Vista.
Mr. Nordin suggested another alternative, which could be studied, would be the strategic construction of islands
in an effort to handle the traffic to some extent and help slow it.
Councilwoman Hutcheson agreed further study was needed before the test closure of Blackbird Drive. She
suggested a lower speed limit and heavier enforcement.
Councilman Poma AMENDED the motion to request the construction of speed humps as a temporary means to
control traffic while staff studied the traffic patterns. There wasn't a second to the motion.
Councilwoman Wiggishoff MOVED to continue this item until the first Town Council meeting in November to
allow staff and the neighbors the time to look at the implementations of the other intersections and discuss
alternative solutions. Vice Mayor Mower SECONDED the motion, which CARRIED unanimously. The
Council asked that the Marshal's department provide additional enforcement in the area until that time.
AGENDA ITEM #20 — CONSIDERATION OF RESOLUTION 1999-45, ABANDONING 913.94
SQUARE FEET OF HILLSIDE PROTECTION EASEMENT AND DEDICATING 2,377.47 SQUARE
FEET OF HILLSIDE PROTECTION EASEMENT ON LOT 26, FOUNTAIN HILLS FINAL PLAT 515
AMENDED, LOCATED WEST OF SUNRIDGE CANYON DRIVE AND SOUTH OF GOLDEN
EAGLE BOULEVARD, CASE#HPE99-01.
Mr. Sverdrup stated the applicant was requesting an adjustment to their hillside protection easement. The
applicant was attempting to build a pool and too close to the hillside protection easement and staff was requiring
the applicant move their pool or apply for the hillside abandonment. He said the Council had already granted
one abandonment on this property to allow a sewer line lateral. Staff was requesting direction from the Council
Lo, because the area proposed to be dedicated to the Town, although larger due to its location, would probably end
of being preserved no matter what happened. The applicant could redesign their pool and develop it in
Town Council Regular and Executive Session 9/2/99
Page 14 of 17
accordance to the Town Code. Mr. Sverdrup asked the Council for direction on how to proceed with this case
and in the future.
Councilwoman Hutcheson MOVED to deny Resolution 99-45. Councilman Poma SECONDED the motion.
Councilwoman Wiggishoff stated she would not have a problem with the trade-off in this particular case.
Councilwoman Hutcheson said the pool could be build with some inconvenience and recognized one
abandonment had been granted to the applicant and she was worried about setting a precedent. Councilman
Wyman stated there weren't retaining walls in the area at all and that would be a precedent. He said if the pool
could be modified, it would be preferable. Mr. Sverdrup stated that if Council felt the applicant needed to build
their pool as designed the Council would need to grant the abandonment and if the Council felt the applicant
could readjust the design, which staff believed they could, the Council should leave the hillside protection in
place. Mr. Sverdrup stated the redesign of the pool would include a relocation of the retaining walls. But he
said it was not the job of Planning and Zoning to design pools,but to assure the applicant didn't encroach on the
hillside protection easement and followed the building codes.
Councilwoman Wiggishoff assessed this situation as a self-imposed hardship because of the design the applicant
had chosen. Director Valder explained staff had reviewed the pool plan as if the applicant had applied for a
variance, as the creation of a hardship by the property owner was a finding when staff reviewed for that. He
said staff would provide the property owner with the ability to construct a single-family house but not an
accessory use such as a pool. He said the Town had no obligation to provide the applicant with a way to
construct a swimming pool because a swimming pool was not needed to use your property.
Mayor Morgan asked for public comment.
Dave Montgomery
He represented the builder who was asking to build the pool outside the hillside protection easement (HPE) in
the envelope of the site. He explained the technicality had come up of how was a pool built against the HPE
line and control the workers. What would happen if they went over the 8-feet allowed? Was there a method to
revegitate the effected area? He confirmed there was no option in the code to revegitate and in this situation it
would be a good option. He asked that the applicant be allowed to build the pool and revegitate effected land.
As that was not an option, the applicant was asking to move the HPE. The HPE had been created to protect the
hillside and the area the pool would be constructed in was not a steep hillside area. He displayed a photo of the
home and the area in question.
Councilwoman Wiggishoff asked if the HPE was being increased. She asked if there needed to be a language
change to reflect that the 8-foot disturbable land must be revegitated to a certain standard. Director Valder
explained the intent of the HPE wasn't to have a space that could be revegitated, it was to retain the natural flora
that was there. When the property owners plan a home like that, he thought the swimming pool portion of the
house should have also been preplanned. He said the property owner needed to understand the Town's
regulations had been in place since October of 1996.
He stated it was possible that the Town could trade the applicant two for one, but staff believed the area traded
for would probably stay undeveloped anyway. He was concerned it would be setting a precedent, as it did come
down to a self-imposed hardship. He said staff felt it was an expensive home and marketing wise it should
probably have a swimming pool to get the full value, but he explained there was nothing wrong with putting in a
swimming pool that might be only 14 or 13 foot wide. Vice Mayor Mower summed up the situation as a trading
one piece of the lot for another. Mr.Montgomery agreed.
Tony Woodrel,N.Edgewater
He identified himself as the builder of the house. He said when the house was originally built it wasn't
conceived to have a pool but the construction of the pool was part of the sales conditions set by the buyers of the
L.° property. He said to move the pool anywhere else on the site it didn't work. He apologized for having to bring
the issue to the Council and asked the Council to consider the request for abandonment of the HPE.
Town Council Regular and Executive Session 9/2/99
Page 15 of 17
Mark Van Boeckel,E.Cabrio Dr.
He stated the Council would not be denying construction of a pool. The applicant would just not obtain the pool
that they wanted. He asked the Council not to set a precedent in granting the easement to the HPE and felt that
L. the applicant should live with the terrain and trade-offs as required.
The motion was DEFEATED by a vote of 6— 1. (Councilwoman Hutcheson cast the aye vote)
Councilwoman Wiggishoff MOVED to approve Resolution 99-45 and Vice Mayor Mower SECONED the
motion, which was CARRIED on a vote of 6— 1. (Councilwoman Hutcheson cast the nay vote)
AGENDA ITEM#21—CALL TO THE PUBLIC.
Mark Van Boeckel
He stated he hoped that the Council didn't live to regret their decision.
AGENDA ITEM #22 — PURSUANT TO A.R.S. §38-431-3.A.3., A.R.S. §38-431.03.A.4., A.R.S. §38-
431.03.A.7. AND A.R.S. §38-431.03.A.1. VOTE TO GO INTO EXECUTIVE SESSION FOR
DISCUSSION OR CONSULTATION FOR LEGAL ADVISE WITH THE ATTORNEY OF THE
PUBLIC BODY; AND DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE
PUBLIC BODY IN ORDER TO CONSIDER ITS POSSITION AND INSTRUCT ITS ATTORNEYS
REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED
LITIGATION; AND DISCUSSION 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; AND FOR DISCUSSION OR CONSIDERATION OF
EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL,
SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR
EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT WITH THE EXCEPTION OF SALARY
DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH
DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY
MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL NOTICE
OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LSS THAN 24 HOURS FOR THE
OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION OR
CONSIDERATION SHOULD OCCUR AT A PUBLIC METING,RESPECTIVELY.
Mayor Morgan called for a vote to go into Executive Session at 10:07 p.m. Vice Mayor Mower MOVED that
the Council recess the Regular Secession and convene the Executive Session and Councilman Poma
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#23—RETURN TO REGULAR SESSION.
Mayor Morgan reconvened the Regular Session of the Town Council at 11:03 p.m.
AGENDA ITEM#23—ADJORNMENT.
Councilman Wiggishoff MOVED to adjourn the meeting. Councilman Apps SECONDED the motion, which
CARRIED unanimously. Mayor Morgan adjourned the meeting at 11:04 p.m.
L
Town Council Regular and Executive Session 9/2/99
Page 16 of 17
TOWN OF UNTAIN HIL
444-9
By•
Sharon Morgan,Mayor
A FI EST:
Cassie B. Hansen,Town Clerk
PREPARED BY: /15 /61 L.c Lam'
Bev Bender,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 ri day of September 1999. I further certify that the
meeting was duly called and that a quorum was present.
DATED this 16th day of September, 1999.
Ct4.44:_c_15
Cassie B.Hansen,Town Clerk
L
L
Town Council Regular and Executive Session 9/2/99
Page 17 of 17