HomeMy WebLinkAbout1999.1104.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
NOVEMBER 4,1999
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 — Panther Patrol and the
invocation by Councilwoman Sharon Hutcheson, roll call was taken. Present for roll call were the following
members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Sid Apps and
Councilmembers John Wyman, Pen Mower, Al Poma, Marianne Wiggishoff, and Sharon Hutcheson. Also
present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen,Public Safety
Director Steve Gendler,and Director of Community Development Jeff Valder.
Mayor Morgan read the Consent Agenda, which consisted of the following agenda items:
AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE MEETING MINUTES OF
OCTOBER 19 AND 21, 1999.
AGENDA ITEM #2 — CONSIDERATION OF THE SPECIAL EVENT REQUST SUBMITTED BY
GLORIA CROWELL FOR THE FOUNTAIN HILLS WOMEN'S CLUB FOR THEIR ANNUAL
HOME TOUR,BOUTIQUE,LUNCHEON,BAKESALE AND RAFFLE. THE EVENT,SCHEDULED
FOR SATURDAY, NOVEMBER 6, 2999 FROM 8:00 A.M. TO 5:00 P.M. WILL BE HELD AT THE
COMMUNITY CENTER, 11445 N. SAGUARO, AND VARIOUS HOMES IN THE COMMUNITY.
NO STREET CLOSURES WILL BE REQUIRED.
AGENDA ITEM#3—CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 2-
(60
UNIT,.2537±ACRE GALLERY HOMES CONDOMINIUMS 6, LOCATED AT 14046 EDGEWORTH
DRIVE,CASE NUMBER S99-30.
AGENDA ITEM#4—CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 2-
UNIT, .2479t EDGEWORTH DRIVE CONDOMIIUMS II, LOCATED AT 14021 EDGEWORTH
DRIVE,CASE NUMBER S99-31.
AGENDA ITEM #5 — CONSIDERATION OF THE CONTRACT IN THE AMOUNT OF $30,000
AWARDED TO E-GROUP,INC. FOR CONSTRUCTION INSPECTION SERVICES AT FOUNTAIN
PARK.
Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Vice Mayor Apps
SECONDED the motion. A roll call vote was taken with the following results.
Councilwoman Wiggishoff— aye
Councilman Poma - aye
Vice Mayor Apps- aye
Councilman Wyman— aye
Councilwoman Mower- aye
Councilwoman Hutcheson- aye
Mayor Morgan - aye
The motion CARRIED unanimously with a roll call vote.
AGENDA ITEM #6 — CONSIDERATION OF AUTHORIZING THE MAYOR TO SIGN A
PROCLAMATION AT THE NOVEMBER 17 RECEPTION FORMALLY DECLARING THE TOWN
OF FOUNTAIN HILLS AND KASTERLEE,BELGIUM TO BE"SISTER CITIES".
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Councilwoman Wiggishoff stated she was a member of the Sister Cities Committee, which had been working
on developing a relationship with Kasterlee for over two years. She announced that the delegation from
Kasterlee, Belgium, including their Mayor Walter Otten, would arrive on November 9 and would leave
approximately on November 20, 1999. She asked the Council to authorize Mayor Morgan to sign the
proclamation declaring the Town of Fountain Hills and Kasterlee to be "Sister Cities" at the November 17th
reception scheduled to be held at the SunRidge Canyon Golf Club. She explained that being a "Sister City"
did not entail a great expense to the Town, and that the Town's Sister Cities Committee had tried to be as cost
effective as possible. She said most of the funding would come from the SunRidge Foundation though some
previous funding had come from the Town. She confirmed both groups were planning a photo exchange, pen
pal programs in the schools,exchange students programs, and the development of tourism opportunities.
Councilwoman Wiggishoff MOVED the Council authorize Mayor Morgan to formally declare Fountain Hills
and Kasterlee, Belgium "Sister Cities" by the signing of the proclamation at the November 17th reception and
Councilman Mower SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#7- CONSIDERATION TO APPROVE A LOCATION IN FOUNTAIN PARK FOR
A VETERAN'S MEMORIAL.
Mayor Morgan announced this item had been removed from the meeting agenda at the request of staff.
AGENDA ITEM #8 — CONSIDERATION OF ORDINANCE 99-31 AMENDING THE TOWN CODE,
CHAPTER 12, ARTICLE 12-3, PARKING; BY AMENDING SECTION 12-3-8, PARKING OF
COMMERCIAL VEHICLES, TO PROHIBIT PARKING OF COMMERCIAL VEHICLES ON ANY
STREET OR LOT WITHIN THE TOWN BETWEEN THE HOURS OF 9:00 P.M. AND 6:00 A.M.,
WITH CERTAIN SPECIFIED EXCEPTIONS, AND ESTABLISHING A PERMIT PROCESS AND
PERMIT CRITERIA FOR OVERNIGHT PARKING OF COMMERCIAL VEHCLES ON PUBLIC
STREETS IN INDUSTRIAL ZONED AREAS; RENUMBERING AND AMENDING SECTION 12-3-
10,PENALTIES,TO PROVIDE THAT EACH DAY THAT A VIOLATION OF ANY PROVISION OF
ARTICLE 12-3 CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE; CREATING A NEW
SECTION 12-3-10, PROHIBITING THE PARKING OF ANY VEHICLE ON OR ALONG ANY
STREET OR PUBLIC RIGHT-OF-WAY WITHIN THE TOWN FOR THE PURPOSE OF SALE OR
ADVERTISEMENT FOR SALE OF SUCH VEHICLE; CREATING A NEW SECTION 12-3-11,
ESTABLISHING THE PROCEDURE FOR COMMENCEMENT OF PROCEEDINGS AND
SERVICE OF CITATIONS FOR VIOLATION OF ANY PROVISION OF ARTICLE 12-3.
Public Safety Director Steve Gendler stated the Marshals' Department had sought help from the Town
Prosecutor to address a problem that had been developing with Article 12-3 of the Town Code, regarding
parking. He explained that several parking issues had been on going for the last 18 months and the Marshals'
Department thought that by combining all the issues together to address the problems would be the appropriate
way to proceed.
Director Gendler explained why the Marshals' Department had requested the consideration and assistance of
the Town Council. He said, that back in July of '97, the Council had amended Section 12-3-8 of the Town
Code to prohibit commercial vehicles from parking overnight on town streets from 9 p.m. to 6 a.m. That led
the commercial vehicles to park in privately owned parking lots without the permission of the parking lot
owners, which led the Marshals' Department to try and persuade the owners of the commercial vehicles to
remove their vehicles, which they did. The commercial vehicles then showed up in another location near Red
Rock Station and Desert Vista Park. This again violated the town code and the owners were again persuaded
to move their commercial vehicles. The commercial vehicles then began parking near the Arby's on Shea
Boulevard and after hearing from the property owners there, the Marshals' Department again removed the
commercial vehicles from that location. He said the problem was that there were several residents, who were
owner operators. He explained these residents were in town for a couple of days when they came in from over
the road and were bringing their commercial vehicles back into town and the Marshals' Department would be
chasing them around the town. He stated this had created a problem for the owners of these vehicles, which
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resulted in the item presently before Council. He said he had discussed this matter with the Town's Prosecutor
in order to come up with ideas on ways it could be addressed as well as several Councilmembers and the result
were seen in the provisions before them.
At the same time the commercial vehicle parking problem occurred, the Marshals' Department had another
problem in that the vehicles were placed in the public right-of-way, which were for sale. In February of this
year, there was a line of vehicles for sale along Saguaro Boulevard, which was address by having temporary
signs installed. But these vehicles merely moved to the public right-of-way on Trevino overlooking Shea
Boulevard and some of them appeared in front of Fountain Park. He said this also became an issue, which
needed to be addressed at the same time. He stated that while talking with the Town Prosecutor, there were
also some problems with procedures regarding how the Marshals' Department could enforce the code, which
had been addressed as procedural changes in the proposed ordinance. He said the Town's Prosecutor Mark
Iacovino was in the audience if the Council had any further questions.
Councilman Poma inquired why there weren't any signs installed, because that was an action the Council had
requested earlier. He asked how the commercial vehicle-owners were suppose to know where to park.
Director Gendler said no signs had been installed and the way the owners know this was that the officers
would leave a notice on their truck. He said the owner operators, who lived in Fountain Hills, had been
identified and had been personally contacted. He acknowledged Councilman Poma was correct when he said
there wasn't anyway for vehicle owners to know where to park. Councilman Poma again asked when signs
would be put up. Director Gendler stated the provisions before Council did not include any signage, but the
Marshals' Department would continue contacting the vehicle owners as they had been. If the owner of the
commercial vehicle was a Fountain Hills' resident,the Marshals' Department would notify them of the need to
obtain a permit, which would be done on a one-on-one basis.
Mayor Morgan asked for clarification of proposed changes to Article 12-3. Would it allow commercial
vehicles to park anywhere in the Town of Fountain Hills, as long as they obtained a permit? Director Gendler
said no that was not the intent. He stated the Council had kept commercial vehicles out of residential areas
when they first amended Section 12-3-8 and to keep commercial vehicles from parking on public streets in
commercial areas overnight. He said the only permitted parking area for these commercial vehicles under the
proposed ordinance amendment would be in an industrial area where there were already commercial type
vehicles and where these vehicles would not be disruptive to commerce or residents.
Councilman Poma expressed his concern for the residents who were owner operators. He posed a question to
Town Attorney Bill Farrell as to what would happen if the ordinance were passed and a new resident moved to
Town who owned four or five trucks in his company. How could the Town stop the resident from parking his
trucks in the streets. Mr. Farrell said Subsection E-2 seemed to speak to this issue and stated it was his opinion
there would be a due process challenge to that particular section, both in terms of multiple vehicle owners and
residency. He explained that in theory, if a gentleman had a business and two vehicles titled in his name, he
may be a resident but the operators might not be. He stated that although he did not write this ordinance and
he had not talked with the Town Prosecutor, perhaps Mark Iacovino might have additional information. But
he concluded that the Town might run into some problems if passed as written.
Councilman Mower expressed his concern over having heavy vehicles parked on the public roads in the
industrial zoned district, although he realized it was probably better than in a residential street. He said he
understood the need to have a place for these owner operators to park. He said the only industrial area was
down in Firerock and the streets were not necessarily very wide. If a large 18-wheeler parked down there and
a couple of 18-wheelers tried to get by it, the traffic pattern would be a tough fit. He reminded everyone the
Council had recently voted for a General Plan amendment for a commercial development in that area, which
would result in a major change in the streets there. As he did not have a solution to this problem,he suggested
the Council delay the passage of this portion and asked that the newly formed Traffic Standard Committee
address the issue to see what the Town might be able to do. He inquired if it was legal now for the owner
operators to be parking in the industrial area, as they had been and were not being ticketed by the Marshals'
Department. Director Gendler said these owner operators could not legally park down there. He confirmed
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that the Marshals' Department had temporarily halted their enforcement pending the outcome of the appeal to
the Council on behalf of the owner operators and they would be sited if they parked there without the
Council's passage of this ordinance.
Councilwoman Wiggishoff MOVED to approve Ordinance 99-31 by amending Section 3, Subsection 12-3 of
the Town Code to delete Section E and to modify Section 12-3-10 by eliminating the words "or advertising the
vehicle, or any other article, service or thing for sell"and Councilman Mower SECONDED the motion.
Councilwoman Wiggishoff stated she agreed with Councilman Mower. She said the Town did not allow other
residents, who make their living with a commercial vehicle such as masons, contractors, landscapers, etc, to
park in a residential area. She stated the Town required them to find a place to park those vehicles in a
sheltered area, such as a private parking lot that was properly screened. She concluded that there was the no
governmental solution to this problem. She suggested this was a business opportunity for someone, which
would also help solve the parking problems that these resident owner operators were having.
Councilman Poma stated he had talked with someone in an effort to find storage for these owners operators
and was told that the land had become so expensive and that they had to charge too much rent for the space.
Therefore, the owner operators could not afford to park in there. He also agreed it was not a governmental
issue and hoped the newly formed Traffic Standards Committee would be able to come up with a solution. He
also expressed concern for those future business owners located in the industrial district, if these trucks were to
be permitted to park there. The commercial vehicles would be blocking the signs that these businesses had
installed for advertising purposes and for which they had spent thousands of dollars.
Philip Gaziano, 16509 Arroyo Vista Dr.
He said he understood the intent of the permit would allow commercial vehicles on industrial or commercial
streets. He informed the Council that there had been an All-Pro tow truck parked on Arroyo Vista Dr. for the
last month. He found out that the truck had a permit, as he had called the owner of the company, and asked if
they would move the truck because Arroyo Vista was not a very wide street. He was told that was too bad, as
All-Pro Towing had a parking permit. He asked if the permit allowed the tow truck to be on a residential street
overnight.
Town Manager Paul Nordin interjected that this issue was not on the agenda and it was not proper for the
Council to discuss it at this time. Town Attorney Bill Farrell concurred and stated Director Gendler could
address this concern. Councilman Mower suggested this matter be taken up with the Marshal after the meeting
adjourned.
Town Attorney Farrell clarified the Council had an ordinance before them with two amendments and asked the
Council if their intent was to eliminate the entire Section E in the permit section.
Alice Buhl, 16533 Emerald Dr.
She inquired if permission was obtained from the property owner to use their open field, would it be legal to
park there. She said it was her understanding, that even with the property owner's permission, it would not be
legal to park there.
Director Valder stated there was a zoning code requirement, which stated commercial vehicles could be parked
in a storage yard in commercial zones with an 8' high screen wall. He said Fountain Hills had at least one
yard like that. He also explained owner operators could not legally park in an open field, even with the
property owner's permission. Ms. Buhl asked where the storage yard was located. Director Valder said it was
in back of Red Rock Gas Station across from Desert Vista Park.
Councilman Poma announced that Van Storage also had parking room with 8' walls.
Citaw Mayor Morgan called for a vote. The amended motion CARRIED unanimously.
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AGENDA ITEM #9— CONSIDERATION OF THE PLAN OF DEVELOPMENT FOR A PROPOSED
MINI-STORAGE FACILITY TO BE LOCATED AT THE NORTHEAST CORNER OF SAGUARO
BOULEVARD AND TECHNOLOGY DRIVE, AKA PLAT 414, LOTS 49 & 50, CASE NUMBER
PD99-04,FOR A MINI STORAGE.
Town Planner Dana Burkhardt stated this was the second time that the Town Council had seen the proposed
development. He pointed out on the overhead display the site plan, which had a few minor staff changes that
were different from the site plan that had been given to the Council in their packet material. He acknowledged
that staff had not received any letters of objection from the adjacent residents who were notified. He said staff
recommended approval of this development with the stipulations of#1, #2 and #4. He confirmed that the
Planning and Zoning Commission unanimously recommended approval of this development with the addition
of stipulation#3.
Councilwoman Wiggishoff asked Mr. Burkhardt to clarify what staff meant when they asked for more
articulation on the 22' building. He responded it was to allow for more of a variety of streetscape along
Saguaro Boulevard and would provide an additional landscaped area to help screen the area.
Councilman Mower asked Mr. Burkhardt if the height of the building would be 22". Mr. Burkhardt said
Building A was 22' and the other four units would be single story. Councilman Mower asked if there was
residential property across from the proposed project. Mr. Burkhardt said that was correct.
Councilman Mower MOVED to approve the development as stipulated and Councilman Wyman
SECONDED the motion.
Councilwoman Wiggishoff expressed her concern regarding Stipulation#3, and said she felt the Planning and
Zoning Commission was getting into designing projects and although she said the articulation as specified was
an improvement, the 22'did not seem particularly high. She asked if there were deed restrictions on the
project. Mr. Burkhardt said yes, the Firerock IPUD, which maximized the building height at 22'.
Councilwoman Wiggishoff amended the motion to eliminate Stipulation #3 and Councilman Mower
SECONDED the motion.
Director Valder gave the Council additional history on the project. He stated that the developer had come in a
couple of months ago and staff had provided them with a long list of suggested corrections, which included the
movement of the two story structure off of the road and placed more of the center. Instead of that, the
developer agreed to increase the articulation of the frontage so that it would not be one flat wall and would
have articulation in it. The developer had achieved that by eliminating some of the size of the structure, which
created the articulation. He explained that staff wanted to talk about this because it was a point that the
Planning and Zoning Commission had strongly thought about and the issue was central in their unanimous
recommendation to the Town Council. He acknowledged that a couple of Councilmembers had concerns
about the Planning and Zonings' reasoning for that stipulation. The Planning and Zoning Commission had
expressed their concern that their viewpoint would not be adequately conveyed to the Council before their
taking action at this meeting.
Director Valder confirmed that the Council was approving the site plan at this time and there wasn't a
provision to approve elevations. Staff felt that because of the compromises that had been made with the
property owner, staff had gotten as many concessions as they could. He said he was in agreement with
Councilwoman Wiggishoff and staff was recommending approval with stipulations of#1,#2, and#4.
Michael Downes,Planning and Zoning Commissioner
He explained the Planning and Zoning's Commission's reasoning on Stipulation#3. He said the site plan met
all the requirements of the ordinance. So, legally there was nothing they could do to change that portion of the
plan. However, they felt that a streetscape from Saguaro would look better, if the developer would take the
22' building and put it further back on the lot, and exchange it for one of the one story buildings. He
acknowledged there was nothing that the Commission could do as far as the ordinance was concerned. He
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said this had been brought before the developer without a response from the developer. He said one of the
original requests from the staff had been that the developer move the two-story building to the interior. It
became a question of how the Commission could accomplish what they felt was best as far as the overall site
plan was concerned even though it met the ordinance. He said this problem might come up again and the
Commission was looking for someway to assure some site plan control, even though the particular
development might meet the ordinance.
Councilwoman Wiggishoff stated if the there were a charter government, the Town might be able exercise
some design control of commercial and industrial development.
Mayor Morgan called for a vote on the amendment to the motion, which CARRIED unanimously. Mayor
Morgan then called for a vote on the motion with the amendment as stated, which CARRIED unanimously.
AGENDA ITEM#10—CALL TO THE PUBLIC..
No one came forward from the public.
AGENDA ITEM #11 — PURSUANT TO A.R.S. §38-431.03.A.4., A.R.S. §38-431.03.A.7. VOTE TO GO
INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS
OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS
ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN POSITION IN PENDING OR
CONTEMPLATED LITIGATION REGARDING THE TOWN VERSUS MCO PROPERTIES; 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 WITH REGARDS TO THE POSSIBLE ACQUISITION OF CHAPARRAL CITY
WATER COMPANY; RESPECTIVELY.
Mayor Morgan called for a vote to go into Executive Session at 7:10 p.m. Councilman Mower MOVED that
the Council recess the Regular Secession and convene the Executive Session and Vice Mayor Apps
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#12—RETURN TO REGULAR SESSION AND ADJOURNMENT.
Mayor Morgan reconvened the Regular Session of the Town Council at 7:39 p.m.
Councilman Mower MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion,
which CARRIED unanimously. Mayor Morgan adjourned the meeting at 7:40 p.m.
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TOWN P.F/ 0 UNTAIN ILLS
By: ,1.. 11„
Sharon Morgan,Ma,or
ATTEST:
Cassie B. Hansen,Town Clerk
i
.r,
PREPARED BY: .„.,'!
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 4t day of November 1999. I further certify that the
meeting was duly called and that a quorum was present.
DATED this 18th day of November 1999.
_cm .1k,
Cassie B. Hansen,Town Clerk
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