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HomeMy WebLinkAbout2001.0906.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF A MEETING OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 6, 2001
A public meeting of the Town Council was convened and called to order by Mayor
Sharon Morgan at 1:38 p.m., Thursday, September 6, 2001, in the Town Hall Council
Chambers, located at 16836 E. Palisades Blvd., Building B, Fountain Hills, Arizona.
AGENDA ITEM# 1 —ROLL CALL.:
Present were the following members of the Fountain Hills Town Council: Mayor Sharon
Morgan, Vice Mayor John Wyman, Councilmembers Leesa Fraverd, Sharon Hutcheson,
John Kavanagh, and Susan Ralphe. Also present were Acting Town Manager William
Farrell, Town Clerk/Director of Administration Cassie Hansen, Community Center
Director Jim Willers, and Community Center Advisory Commission Chairman Wally
Nichols.
AGENDA ITEM # 2 — DISCUSSION OF TOWN POLICY FOR ACCEPTANCE,
PLACEMENT, AND MAINTENANCE OF PUBLIC ART OF ALL TYPES:
Proposed policy options for acceptance, placement, and maintenance of public art of all
types were discussed. Since the Arts Council did not have an opportunity to finalize
their proposal(s) pursuant to this meeting, it was suggested that this item be placed on a
future Town Council agenda for ratification. The Arts Council will propose developing
suggested gift guidelines for prospective donors, address the exhibition of art at the
Community Center, and expand their mission to encourage private art in private/public
locations.
To begin the Town's acceptance process, Town Council members suggested that a
recommendation from the Arts Council be discussed with the various Town appointed
commissions; i.e. Planning & Zoning, McDowell Mountain Preservation, Community
Center Advisory, and/or the Parks and Recreation Commissions prior to turning it over to
Town staff. The recommendation would then be brought before the Town Council for a
vote at a public meeting.
ADJOURNMENT: - The meeting adjourned at 2:53 p.m.
L
TOWN OF FOUNTAIN HILLS
By
Sharon Morgan,Mayor
ATTEST: W c
Cassie B. Hansen,
Director of Administration/Town Clerk
PREPARED BY: <
Sue Stein, Executive Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
Special Session held by the Town Council of Fountain Hills on the 6th day of September 2001. I
further certify that the meeting was duly called and that a quorum was present.
DATED this 20''day of September 2001.
Cassie B. Hansen,
Director of Administration/Town Clerk
L
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
September 6,2001
Mayor Morgan called the regular session of the Town Council to order at 6:30 p.m. Following the pledge to the flag and
invocation by Pastor Don Lawrence,roll call was taken.
ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon
Morgan, Vice Mayor John Wyman, and Councilmembers Sharon Hutcheson, John McNeill, Leesa Fraverd, John
Kavanagh, and Susan Ralphe. Also present were Acting Town Manager/Town Attorney Bill Farrell, Director of
Administration Cassie Hansen, Community Development Director Jeff Valder, Town Engineer Randy Harrel, and
Assistant Director of Public Works Tom Ward.
Mayor Sharon Morgan gave an update on:
• the medical condition of Town Manager Paul Nordin
• the Town's recent receipt of the Certificate of Achievement for Excellence in Financial Reporting—
recognized the significance of this award by presenting the plaque and flowers to Accounting Supervisor
Julie Ghetti.
• recent developments with the FAA and aircraft traffic over Fountain Hills
Mayor Morgan announced that consent item#10 had been pulled at the request of Acting Town Attorney Bill Farrell.
Mayor Morgan proceeded with the reading of the consent agenda:
AGENDA ITEM#1. CONSIDERATION OF APPROVING THE MEETING MINUTES OF AUGUST 16,
2001.
AGENDA ITEM#2. CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
CHAMBER OF COMMERCE FOR A FAMILY OKTOBERFEST SCHEDULED 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
5,6 AND 7,2001.
AGENDA ITEM#3. CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION
SUBMITTED BY THE CHAMBER OF COMMERCE FOR A FUNDRAISER DURING THE OKTOBERFEST
ACTIVITIES.
AGENDA ITEM#4. CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY TIN PAN
ALLEY CHARITABLE FUND, INC. FOR THE TIN PAN ALLEY CHARITY RIDE & MUSIC FEST TO BE
HELD AT GONZO'S, 17149 E. AMHURST DR., ON SUNDAY, OCTOBER 14, 2001 FROM 11:00 A.M. TO
9:00 P.M.
AGENDA ITEM#5. CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION
SUBMITTED BY TIN PAN ALLEY CHARITABLE FUND, INC FOR A CHARITABLE FUNDRAISING
EVENT TO BE HELD AT GONZO'S.
AGENDA ITEM#6. CONSIDERATION OF AN ENDORSEMENT OF THE BINGO LICENSE
APPLICATION SUBMITTED BY THE SENIOR SERVICES OF FOUNTAIN HILLS TO BE USED AT THE
SENIOR CENTER BUILDING LOCATED AT 16957 KIWANIS DRIVE.
Town Council Minutes Regular Session 9/06/01
Page 1 of 8
AGENDA ITEM#7. CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH
MARICOPA COUNTY FOR FIVE (5) YEARS FOR RADIO COMMUNICATIONS AS WELL AS FIVE
CHANNELS ON THE THOMPSON PEAK REPEATER.
L., AGENDA ITEM#8. CONSIDERATION OF APPROVING THE DONATION OF OUTDATED AND
SURPLUS CELLULAR TELEPHONE EQUIPMENT TO A JOINT PROJECT OF THE GOVERNOR'S
OFFICE, ARIZONA ASSOCIATION OF CHIEFS OF POLICE, MOTOROLA, ALLTEL
COMMUNICATIONS, SWIFT TRANSPORTATION AND THE ARIZONA FOUNDATION FOR WOMEN
TO PROVIDE EMERGENCY COMMUNICATIONS FOR VICTIMS OF DOMESTIC VIOLENCE.
AGENDA ITEM#9. CONSIDERATION OF APPROVING THE PROPOSED PARK FEES AND FEE
WAIVER POLICY FOR THE FOUNTAIN HILLS PARKS.
AGENDA ITEM#10. CONSIDERATION OF ORDINANCE 01-16 AMENDING THE TOWN CODE,
CHAPTER 9 PARKS AND RECREATION BY ADDING NEW ARTICLE 9-4 PARK RULES AND
REGULATIONS AT TOWN-OWNED PARKS. Pulled from the agenda at the request of Acting Town Manager Bill
Farrell.
AGENDA ITEM#11. CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE
PROPOSED THE AGW IBSEN CONDOMINIUMS,LOCATED AT 14223 N.IBSEN DRIVE.
AGENDA ITEM#12. CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE
PROPOSED DELIA CONDOMINIUMS,LOCATED AT 17132 E.SALIDA DRIVE.
AGENDA ITEM#13. CONSIDERATION OF A CHANGE ORDER REGARDING THE
SAGUARO/PARKVIEW CONSTRUCTION PROJECT.
Councilwoman Fraverd MOVED to approve the Consent Agenda as just read and omitting item#10 and Councilwoman
Hutcheson SECONDED the motion. A roll call vote was taken with the following results.
Vice Mayor Wyman- aye
tkiw Councilman McNeill- aye
Councilwoman Hutcheson- aye
Councilwoman Fraverd- aye
Councilman Kavanagh- aye
Councilwoman Ralphe— aye
Mayor Morgan - aye
The motion CARRIED unanimously.
AGENDA ITEM#14. DISCUSSION WITH POSSIBLE ACTION REGARDING THE LETTER TO THE FAA.
Mr.Farrell discussed that this was the first time in almost 30 years that the FAA had opened departure and arrival routes
to any type of public input. He noted that the proposed alternatives by the local communities would be evaluated by the
FAA because each time departure routes were moved it relieved flights over one community but placed them over
others. He pointed out that in evaluating the proposed alternatives it became apparent that some of the arrival and
departure routes would cause a significant impact to Fountain Hills. It then became the Town's charge to see if there
was an alternative to the FAA's proposals that would lessen the impact of air traffic and noise over Fountain Hills. He
said that when looking at the daily numbers at Sky Harbor it became apparent that someone would have to have
airplanes flying over them. He stated that the Salt River Pima Maricopa Indian Community had acknowledged that
because of the scarcity of their population there were some avenues that were available through the Indian Nation that
the planes could travel over but they had asked for respect for the Red Mountain area.
Mr. Farrell acknowledged that all of the cities and towns had been willing to agree that flights over Red Mountain
should be prohibited if possible. He explained the difference between a fly by point and a fly over point. A fly over
point mandates that the airplane make contact over a specific point and pass it. He described a fly by as a maneuver that
could be started miles before or after the fly by point. He recognized that everyone was concerned that fly-by points
ti
ro
would allow pilots a great deal of discretion and they would want to take the shortest possible route. He said that the
Town Council Minutes Regular Session 9/06/01
Page 2 of 8
cities and town who had gathered at the meeting felt it would be in their best interests if one letter were to be signed by
the City of Scottsdale, the City of Mesa, the Town of Fountain Hills, and the Salt River Pima Indian Community and it
was from that idea that the Community Alternative had been drafted. Mr. Farrell announced that these communities had
met last week with the FAA representatives to try to determine if the Community Alternative would be acceptable.
After three—four hours of discussion,the Fountain Hills's representatives left with the idea that the routes that appealed
to Scottsdale and Mesa would not appeal to Fountain Hills. At that point they had thanked them for allowing Fountain
Hills to participate in the program but indicated that Fountain Hills would be going their own way. He confirmed that
Fountain Hills was a population of 20,000 and those combined communities were a population of over 500,000. He
made the observation that Fountain Hills had to be loyal to their citizens and they could not support the proposed
Community Alternative.
Following that meeting, Mr. Farrell said that Mr. Sternfels and Mr. Melendez made a few calls in the afternoon. It was
determined that Fountain Hills should write the joint community letter. Mr. Farrell felt that was because Fountain Hills
had done their homework and had made some contacts in high places. They also felt that Fountain Hills had done their
homework properly. He said that the other two communities realized that this would be a practical solution.
Mr. Farrell said they were proposing to have Mr. Sternfels prepare a one-page consensus letter that would convey that
the four communities could support the "Community Alternative". However, Fountain Hills was recommending the
relocation of the fly over/fly by point be relocated to approximately three miles further to the east, taking the aircraft out
an additional three miles before allowing a turn. He expressed that Southwest, American West and the Airline Pilots
Association agreed that three to five miles was an acceptable perimeter to them, but anything further did not make
economic sense and they would oppose it. Mr. Farrell explained this would hopefully allow the turns to occur to a point
east of Fountain Hills, avoid direct flights over Red Mountain, and not interfere with any existing approach routes.
Fountain Hills' representatives were hopeful that this alternative would find acceptance at the FAA or at least the
national level. He acknowledged that the other three communities had indicated through conversations held this
afternoon that they could support such a single page letter and alternative.
Mr. Farrell stated that there wasn't a letter before the Council this evening, only the outline of both plans. He expressed
that there was a deadline as to when the letters must be signed and mailed, which was 5:00 p.m. on Friday, September
[ 07, 2001. He confirmed that Mr. Sternfels had agreed to draft the letter for the other communities' signatures and the
err Fountain Hills Marshals Department had agreed to assist rounding up Mayor Hawker and Mayor Manross for their
signatures. He stated that Fountain Hills would be taking the lead if the Council so instructed staff and the committee
but noted that was only the beginning of the process. He publicly thanked the citizen committee for their role and
participation up to this point. He asked that the Council direct the Town Manager, through the citizen committee, to
prepare a one-page letter for signature by the Mayor and presented to the other three communities for signatures and
then have the letter forwarded to the appropriate FAA office by the close of business on Friday, September 07, 2001.
Vice Mayor Wyman MOVED to instruct staff to work with the citizen committee to draft the letter as just discussed and
Councilman Kavanagh SECONDED the motion.
Mr. Sternfels displayed a map showing the various proposed routes. He stated that the Community Alternative proposal
was depicted in red. He clarified that Fountain Hills would support the Community Alternative as depicted, but would
be submitting a separate letter proposing that the proposed route be extended three miles further to the east. He noted
that the Indian Community had indicated their support as long as planes did not fly over Red Mountain.
Councilman Kavanagh asked if there were to be one or two letters. Mr. Farrell responded two. The primary letter
would be signed by the four communities and composed by Fountain Hills in support of an "as depicted route". He
explained that if the FAA wanted to change the fly over point on the proposed Community Alternative to a fly by point,
that would only be acceptable if the planes flew the route "as depicted" with "no" early turns. The point was to avoid
having the pilots come up short and turn early. Mr. Sternfels reiterated that it was important to note that this was the
first time in the United States that communities have had an opportunity to provide input and Fountain Hills should seize
the opportunity.
Councilwoman Hutcheson said that it wasn't unusual for other communities to write a letter of their own as well as sign
a community letter. She stated that Scottsdale was supportive of what Fountain Hills was proposing but she suspected
Town Council Minutes Regular Session 9/06/01
Page 3 of 8
that Mesa and the Indian Community would be writing letters of their own. She announced that it was quite an
accomplishment to be asked to craft this letter because as of yesterday and this morning this whole thing had fallen
apart. Councilwoman Hutcheson said that Fountain Hills should be proud of Mr. Sternfels and Mr. Melendez because
Scottsdale and Mesa had to hire consultants at an exorbitant rate and Fountain Hills had accomplished these results with
volunteers.
The motion CARRIED unanimously.
AGENDA ITEM#15. PUBLIC HEARING ON A SPECIAL USE PERMIT REGARDING SIGNAGE FOR
FOUNTAIN VIEW VILLAGE SENIOR LIVING COMMUNITY, LOCATED AT THE NORTHWEST
CORNER OF AVENUE OF THE FOUNTAINS AND AVENIDA VIDA BUENA.
Mayor Morgan opened the public hearing at 7:10 p.m. and called on Senior Planner Jesse Drake.
Ms. Drake said the applicant was requesting signage at the partially built group home complex where the applicant still
has some remaining vacant land. She reviewed the applicant's comprehensive sign plan proposal. She noted that
approval of this permit would limit future signage on the site. No other signage for commercial uses would be allowed,
including neon, backlit signage or directory boards. The signage for the future building on the vacant portion of the site
would be identified and pre-approved. Ms. Drake stated that staff recommended approval and the Planning and Zoning
Commission recommended approval with one stipulation as noted in the staff report.
Mayor Morgan closed the public hearing at 7:12 p.m.
AGENDA ITEM#16. CONSIDERATION OF A SPECIAL USE PERMIT REGARDING SIGNAGE FOR
FOUNTAIN VIEW VILLAGE SENIOR LIVING COMMUNITY.
Vice Mayor Wyman MOVED to approve the Special Use Permit as presented and Councilwoman Hutcheson
SECONDED the motion, which CARRIED unanimously.
411109 AGENDA ITEM#17. CONSIDERATION OF TRANSFER OF RESPONSIBILITY AREA WITH THE
SUNRIDGE COMMUNITY ASSOCIATION FOR VARIOUS MEDIANS AND FRONTAGES LOCATED
ALONG PALISADES BOULEVARD,DESERT CANYON,AND SUNRIDGE DRIVE.
Town Engineer Randy Harrel reported that the Sunridge Canyon Association had proposed a swap of landscape medians
and frontage areas. If approved, the Town would maintain the applicable Palisades Boulevard frontages and medians.
In exchange, the Association would maintain Sunridge Drive and Desert Canyon frontages and medians. He hoped that
the transfer would take place this month. This agreement would reduce the overall area that the Town would be
responsible for by approximately 1' acres. It would save Sunridge a major cost in separating out their irrigation
systems. He reviewed that the Town would retain the right to turn over a portion of the frontage landscaping to other
developers if an opportunity was presented and to shut off the water to the frontage areas when it was no longer needed.
He noted that currently both the Town and Sunridge were using the same contractor and the transition should be
relatively seamless. Mr. Harrel said that staff recommended approval of the attached agreement letter and Ms.
Wiggishoff was present as the Association's representative if the Council had questions.
Councilman Kavanagh MOVED to approve the Transfer of Responsibility Area as presented and Councilwoman
Hutcheson SECONDED the motion
Councilwoman Fraverd asked if this agenda item was related to the following item. Mr. Harrel replied no. This item
related to the Association and the next item dealt with the developer. Councilwoman Fraverd asked if this was one of
the seven unresolved issues with Suncore or Sunridge that had been presented when the fill waiver had previously been
presented to the Council. Mr. Harrel confirmed that at that point in time the medians had been the responsibility of
Sunridge Canyon LLC. The responsibility had transferred to the Community Association in January.
Councilwoman Fraverd said she understood it was now time for the Town to live up to their portion of the agreement.
She pointed out that these two items were things that the community and Suncore would like to have the Town proceed
Low
Town Council Minutes Regular Session 9/06/01
Page 4 of 8
with but she first wanted to know how Suncore/Sunridge was doing with complying with their portion of the agreement.
Mr. Harrel responded that the list Councilwoman Fraverd referenced had been an informational list. He noted that both
parties have been working towards fulfilling the agreement on all of the items and most had been settled and
accomplished.
Councilwoman Fraverd inquired if the signal upgrades at Shea and various conduits had been resolved. Mr. Harrel
replied that he could give an accounting of those seven items. Councilwoman Fraverd responded that she was looking
for an update on which items had been resolved. Mr. Harrel reviewed that the Parcel I—Berm was next on the agenda,
the natural drainage plan had been submitted for Engineering review, the signal upgrade was a pay issue that had not
been finalized. Councilwoman Fraverd asked who was paying. Mr. Harrel answered it would be them paying the Town
and they were in the negotiation process at this time. He wanted to see this agenda item approved, as it was the one item
that the Town had to accomplish for them. Councilwoman Fraverd asked if this item would get them rolling. Mr.
Harrel agreed it was part of the Town's good faith efforts. He acknowledged that the applicant had made a close out
payment for the signing and striping with most of those complete at this time. He stated that the culvert had been
constructed and the median frontage issue was this item. He felt that staff and the applicant were getting close to
completion. Councilwoman Fraverd asked if he was pleased with the results. Mr. Harrel replied yes.
Councilman McNeill asked if this proposal was substantially the same agreement that Council had looked at the last
time they reviewed the issue. Mr. Harrel said yes.
Marianne Wiggishoff, Capital Consultant Management Corporation, 7979 N. Hayden Road.
She stated that she was the Community Association Manager for the homeowners' association in Sunridge Canyon. She
hoped that the Council would look favorably on this request. She was concerned that the Council thought this issue was
linked in any way with any development issues with the Sunridge Canyon L.L.C. It was entirely separate. The
Homeowners' Association was now in control and the homeowners paid for the maintenance of Palisades Boulevard.
She reiterated her request that the Council look favorably on this request.
The motion CARRIED unanimously.
tibre AGENDA ITEM#18. CONSIDERATION OF A FILL WAIVER FOR PARCEL I IN THE SUNRIDGE
CANYON DEVELOPMENT.
Senior Planner Dana Burkhardt gave a brief history of this fill waiver request. This application had been previously
presented to the Council back in April of 2001. He noted that Suncore had provided a revised revegetation plan and he
referred to the pictures provided to the Council in their packet. He confirmed that it did conform to the revegetation
ordinance. Mr. Burkhardt stated that staff and the Planning and Zoning Commission recommended approval with the
three stipulations as noted in his staff memo. The Engineering Department had also recommended approval with
stipulations as listed in their attached staff report. Mr. Burkhardt acknowledged that adjacent neighbors also supported
this fill waiver.
Mr. Ward reviewed Engineering's stipulations and displayed digital photos of the area in question from different angles.
He reviewed that staff recommended rescinding Stipulation#7 of the 1997 Parcel I rezoning, which previously required
that this fill material be removed. Staff also recommended that the approval of the fill waiver and approval of the
existing slope steepness with the stipulations as listed in the staff report so that the fill could remain in place.
Vice Mayor Wyman MOVED to approve the Fill Waiver as presented and Councilwoman Hutcheson SECONDED the
motion.
Councilwoman Fraverd pointed out that the fill was quite steep. She asked Mr. Ward if he felt the applicant would be
able to plant trees on that side as proposed. Mr. Ward replied yes. He said it would not be easy and would require some
expertise from the landscaping company. He relayed that the applicant, Quinn Johnson, had assured him that those trees
would be planted although a well might have to dug out and large boulders put in place for those trees to remain. He felt
the trees would help stabilize the slope.
Lor
Town Council Minutes Regular Session 9/06/01
Page 5 of 8
Councilman McNeill stated that one of the engineering stipulations was that a geotechnical engineer would evaluate the
slope. He felt that could possibly lead to some additional recommendations to stabilize the fill. He asked what sort of
measures might be used if the geotechnical firm made a recommendation of that type. Mr. Ward responded that he
would like to see some borings done on the fill to determine if the lower areas were stable. He noted that over the years
there had been a minimal amount of erosion on that fill and that there was a lot of large rock in that fill. He felt it must
be determined if that fill was stable and the Town needed a competent report that confirms that, with direction on how to
correct any problems that there might be on the steep side slopes. Councilman McNeill had noticed that there was also
some construction debris and other trash in the wash area that needed to be cleaned up. He felt this would be a good
opportunity to take care of that as well. He questioned if he needed to offer that as an amendment. Mr. Ward stated he
would follow up with the clean up as it was on the punch list.
Councilwoman Ralphe stated she was more comfortable with this issue after seeing the stipulation requiring a
geotechnical engineer evaluation and the requirement to follow any recommendations made by that engineer.
Councilwoman Fraverd referred back to the list. She acknowledged that staff had made progress with regard to the list
and that staff was supportive. She asked if Mr. Harrel needed the Council as leverage to get the rest of the money on
item#3 or was he confident that things were progressing smoothly. Mr. Harrel confirmed that he had a commitment
letter from Sunridge. He noted that staff would be continuing to work with them in Eagles Ridge North and Eagles Nest
Subdivisions. Staff would work jointly with MCO and CopperWynd to determine the appropriate funding levels for that
traffic signal light. Councilwoman Fraverd pointed out that, if approved, he would be on his own to collect the money.
She asked again if he was confident that he would be able to collect the money. Mr. Harrel stated he understood that if
an agreement could not be made, he would be back to the Council and ask that they rescind their approval.
Councilwoman Fraverd asked how the Council could rescind something that they had voted on. Mr. Farrell said he was
optimistic that there were methods available to the Town.
Gloria Smith- 14512 N. Sagebrush
She stated that neighbors felt the fill was stable, as it had endured past monsoons. The neighbors request that the berm
stay as it provides protection for animals that live in the area and diverts auto headlights from the existing homes. She
asked that the Council approve the fill waiver.
Cr Marianne Wiggishoff, Capital Consultant Management Corporation, 7979 N. Hayden Road.
She stated that their Board of Directors voted unanimously to keep it as is and revegetate the landscape. She asked that
the Council consider this request favorably.
The motion CARRIED unanimously.
AGENDA ITEM#19. UPDATE AND DISCUSSION OF THE PRELIMINARY PLATS FOR EAGLE RIDGE
NORTH AND EAGLES NEST, PROPOSED SUBDIVISIONS LOCATED IN THE MCDOWELL
MOUNTAINS CURRENTLY BEING REVIEWED BY THE PLANNING AND ZONING COMMISSION.
Mr. Farrell announced that the Planning and Zoning Commission would meet on September 10, 2001. He said that
tremendous strides had been made on behalf of staff and the applicant to get these two plats to a point where they were
presentable to the community, Planning and Zoning, and the Council. It was his opinion that they were down to within
two issues of plats that would meet the spirit of the settlement agreement. He reminded the Council that the
development, which in this case would be a settlement agreement, had not been written. Therefore, the stipulations that
would come forward from Planning and Zoning and from the Council would be the basis for which the attorneys would
then do the settlement agreement. He pointed out that this was beautiful terrain with very attractive lots and technically
difficult on which to build. Mr. Farrell stated that all the information contained in the packet material would be
explained to the Council on the 20`h. He stated that the Council would have some base maps and information if they
wanted to attend the Planning and Zoning Commission meeting on Monday, September 10, 2001. He explained that this
agenda item was to allow both Mr. Valder and MCO an opportunity to give a positive overview of the progress made on
these two plats. He was hopeful that on the evening of the 4th that there would be a positive recommendation from a
majority of the Council and a start toward the final phase of this settlement. Mr. Farrell noted that there was still a lot of
work to be done but he was pleased with the progress made. He was hopeful that when staff had the Planning and
Zoning Commission's recommendation next Monday evening, that staff would be able to sit down with MCO and finish
Town Council Minutes Regular Session 9/06/01
Page 6 of 8
closing the gap and by the night of the 20th there would be a detailed presentation to the Council. He hoped that all of
the Council would be available on the night of the 4th. His goal was to get these plats to everyone's satisfaction and
make these two plats something of which everyone could be proud. He had charged Mr. Harrel and Mr. Valder in that
respect to work towards that harmonious conclusion. He asked that the Council ask only generic questions tonight so
Lof that Planning and Zoning didn't feel that this was a done deal. Mr. Farrell wanted the Planning and Zoning Commission
to feel free to make their recommendations. He did not want to prejudice the Planning and Zoning Commission's
recommendation to the Council.
Director Valder reviewed what had been included in the packet material and why staff provided everything included.
He noted that there was a great deal of reading material but he assured them that all would be reviewed on the 20t. He
noted that he had provided everything that had been given to the Planning and Zoning Commission.
Dr. Bill Larson, 16930 Palisades Boulevard(MCO representative)
He gave a brief status report. He noted that since the last meeting with the Council there had been dozens of meetings
with the public, numerous civic groups, the McDowell Mountain Preservation Commission, and interested individuals.
He thanked the Town's staff for their contributions. Dr. Larson felt that the plan that would be brought before the
Council was a much better plan as a result of the input from the various groups. He noted that the settlement agreement
had provided them with a focus and that they had embellished on this agreement. He said their plan had an overall
density of.46 units to the acre with much opportunity for egress into the adjacent preserve areas. He displayed maps of
the two developments and discussed the neighborhood envelopes,roadways, and accesses. He felt that wild life corridor
concerns would be eased through their use of Bridges and ConArches. He pointed out there were two stipulations that
MCO had frustrations with:
• Stipulation#3 in North and#5 in Nest - having to do with driveways/disturbance and the proposed policy of
disturbance buffers
• Stipulation#6 in North and#9 in Nest-having to do with lot developablity
He concluded that they were anxious to provide whatever information would be helpful over the next few weeks and
were available to answer any questions.
Councilwoman Fraverd asked that the Council not be given the same information in the future. She requested that staff
provide informational updates of important and critical items from both Director Valder and Engineering. She invited
MCO to also provide information on the issues and their reasoning.
Mr. Farrell explained that he had asked Director Valder to provide all the documentation contained in the Council
packet to serve as a baseline. He agreed with Councilwoman Fraverd that there was a great deal of material to digest.
However, any of the Council who had an interest in any aspect of this issue had received the full report. He assured the
Council that on the night of the 20th the issues would be addressed with bullets from both sides but he had wanted to
wait to do that until the Planning and Zoning Commission had made their recommendation. Mr. Farrell stated that he
and Director Valder were working on the two issues identified by Mr. Larson. He noted that Mr. Harrel had promised to
delete final plat and construction plan issues from the engineering report. He did not feel there would be an engineering
problem with the plats. He said staff would focus on what the area would look like, the trailhead, the alternative
treatments, and revegetation. Mr. Farrell guaranteed that he would not recopy this packet information for the Council in
the future but would have a set available on the night of the 20th and the 4t.
AGENDA ITEM#20. CALL TO THE PUBLIC.
No one came forward.
AGENDA ITEM#21. ADJOURNMENT.
Councilwoman Hutcheson MOVED to adjourn and Councilwoman Fraverd SECONDED the motion, which
CARRIED unanimously. Mayor Morgan adjourned the meeting at 8:08 p.m.
NOW Town Council Minutes Regular Session 9/06/01
Page 7 of 8
TOWN 0 FOUNTAIN HILLS
By•
Karon Morgan,Ma or
ATTEST: �4.4/1..._, �LJ
Cassie B. Hansen,
Director of Administration/Town Clerk
PREPARED BY: ~ _�cif /4 J
Bev Bender,Executive Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive
Meeting held by the Town Council of Fountain Hills on the 6th day of September 2001. I further certify that the meeting
was duly called and that a quorum was present.
DATED this 20h day of September 2001.
‘4140, )1C 6-4^-4--.,
Cassie B. Hansen,
Director of Administration/Town Clerk
Town Council Minutes Regular Session 9/06/01
Page 8 of 8