HomeMy WebLinkAbout1997.0904.TCRM.MinutesMeeting of 1997-9-04 Regular Session
THE
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 4, 1997
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles
at 6:30 P.M., Thursday, September 4, 1997, in the Fountain Hills Town Hall Council Chambers, located
at 16836 E. Palisades Blvd., Building B, Fountain Hills, Arizona.
ROLL CALL - Following the pledge to the flag by Cub Scouts Chase Moore, Shane Moore, Daniel
Hare and Kyle Johnson and the invocation given by Councilman Lawrence, roll call was taken. Present
for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice
Mayor Bill O'Brien and Councilmembers Don Lawrence, Marianne Wiggishoff, Sid Apps, Al Poma and
Penfield Mower. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town
Clerk Cassie Hansen, Director of Community Development Gary Jeppson, Town Engineer Randy Harrel
and Planner Geir Sverdrup.
Mayor Miles read the Consent Agenda which consisted of the following agenda items:
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF
AUGUST 18TH, 1997.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE PURCHASE OF TWELVE
PORTABLE RADIOS AND NINE MOBILE RADIOS BY THE MARSHALS DEPARTMENT TO
COMPLETE THE CONVERSION TO "TYPE - 2" RADIOS APPROVED IN THE FY 97-98
BUDGET.
AGENDA ITEM #4 - CONSIDERATION OF AWARDING THE MOWING CONTRACT TO E/G
MANAGEMENT, INC. IN THE AMOUNT OF $25 040
AGENDA ITEM #5 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT
WITH MARICOPA COUNTY PROVIDING FOR THE COSTS TO TOWN DETENTION OF
PERSONS ARRESTED AND INCARCERATED IN THE MARICOPA COUNTY JAIL AS
WELL AS THE AGREEMENT FOR THE TOWN'S OBLIGATIONS REGARDING MEDICAL
SERVICE FOR THESE PERSONS.
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1997-42 ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC
STIFULAI70N. (CARLSON, PAMELA - EA 96-29)
Councilman Lawrence MOVED to approve the Consent Ager.da as read. Councilman Apps
SECONDED the motion. A roll call vote was taken with the following results:
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Councilman Poma
Aye
Councilwoman Wiggishoff
Aye
Councilman Apps
Aye
Councilman Lawrence
Aye
Councilman Mower
Aye
Vice Mayor O'Brien
Aye
Mayor Miles
Aye
The motion CARRIED.
AGENDA ITEM #7 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB.
Judge Shoob reviewed the monthly report for the month of August, 1997. He stated 467 cases had been
filed and that 63 hearings, trials and conferences had been held during the month of August. His staff has
been in training all month for the new ACAP Program scheduled to begin in early September. He said
there was an average 86% collection rate for delinquent fines.
AGENDA ITEM #21 - CONSIDERATION OF THE FINAL PLAT FOR "PUEBLO VISTA
CONDOMINIUMS" A FOUR UNIT CONDOMINIUM PROTECT LOCATED AT 12836
MOUNTAINSIDE DRIVE, AKA LOT 10, BLOCK 3 FINAL PLAT 601-A CASE #S97-036
Planner Geir Sverdrup stated there were no changes since the approval of the preliminary plat.
Councilwoman Wiggishoff MOVED to approve Pueblo Vista Condominiums final plat, Case #S97-036.
Councilman Poma SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #10 - UPDATE ON PROPOSED OFF -LEASH AREA AT GOLDEN EAGLE
PARK.
Town Manager Nordin stated that an unlit, fenced -in area used as a hardball field in the northwest
section of Golden Eagle Park was the location for a proposed dog run on a trial basis. He said the dogs
would be under their owners' control and the owners would be expected to clean up after their dogs.
Mayor Miles was concerned about the condition of the area for the use as a baseball field after being
used as a dog run. Councilman Apps questioned the guarantee of enforcement and mentioned since fees
were charged for usage of the field, the field should be in pristine condition. Vice Mayor O'Brien asked
about the Town's liability. Town Attorney Bill Farrell stated the dog owners would be liable for their
dogs. Councilman Lawrence said he had no objection to allowing the dog run on a trial basis.
Hazel Freeland, President of Fountain Hills Little League, objected to the use of the hardball field as a
dog run and cited safety and health issues for ball players as a major concern.
Councilman Apps MOVED to deny staff the authorization to permit the use of Golden Eagle Park
hardball field as an off -leash area for a dog run. Councilman Poma SECONDED the motion.
Councilwoman Wiggishoff stated emphasis was needed to be placed on dog owners' responsibilities and
appropriate signage was needed as well. The motion failed with a 6-1 roll call vote. Councilman Apps
cast the aye vote.
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AGENDA ITEM #8 - PRESENTATION BY ARCHITECT ROB DIETZ OF THE SITE PLAN
^ DESIGNS FOR THE NEW COMMUNITY CENTER DEVELOPED FROM THE CITIZEN
INPUT COLLECTED AT THREE PUBLIC "VISIONING" MEETINGS HELD IN TULY AND
AUGUST AND POSSIBLE APPROVAL OF THE RECOMMENDED SITE.
Architect Rob Dietz, of Hofmann -Dietz Architects, presented a chronological summary of events which
resulted in three public "visions" meetings. He stated community input had assisted his firm to continue
the development of a site plan design. Mr. Dietz confirmed that the overall approval had been given to
Site "D" which provided a open courtyard for entrance into the building as well as another entrance in the
rear. Wings on each side of the courtyard with banquet and classrooms on one wing and a performing
arts center on the other wing. He presented six site concept locations for the building and that the
Community Center Advisory Commission had favored the access point along the uncompleted Stewart
Vista Drive facing Fountain Park with a rear access off La Montana.
He said the main entry would be off Verde River Drive into a courtyard area at Stewart Vista Drive and
pointed out the location of administrative offices, kitchen facilities, arts & crafts areas, day care room,
and seminar rooms as well as adjustable banquet spaces on a conceptual floor plan. He pointed out the
outdoor step system would serve as an amphitheater with a central fountain display in a circular drop off
area.
Walt Franklin, Chairman of the Community Center Advisory Commission, thanked Mr. Dietz for his
continued progress with the site plan developments to date. He also complimented the residents in the
community who had contributed to decisions involving the building itself. Reldon Schirch expressed his
appreciation for having the community involved in the progression of the Community Center. Mr.
Franklin invited the Council to the next organizational meeting on Saturday, September 13th at the
Community Center at 10:00 A.M.
After some discussion, it was the consensus of the Council to proceed in the directions presented by Mr.
Dietz.
AGENDA ITEM #9 - CONSIDERATION OF APPROVING THE 60' HEIGHT ALLOWANCE
NECESSARY FOR THE CONSTRUCTION OF THE PROPOSED PERFORMING ARTS
AUDITORIUM.
Mayor Miles stated that the 40' height maximum for commercial buildings would not apply to
government -owned buildings but that a height limitation allowance of 60' was requested for the
performing arts auditorium part of the Community Center building. Mr. Dietz explained that the height
allowance was needed for a section of the building used in storing scenery and presented slides which
depicted the layout of the staging area. He stated that only 8% of the entire building would be required
to be 60' and that existing palm trees were already higher than the 60' requested. He predicted the future
apartments built in back of the Community Center location would be equally as high and that the
proposed auditorium would not be obtrusive.
Councilman Apps MOVED to approve the 60' height allowance for the performing arts auditorium.
Councilwoman Wiggishoff SECONDED the motion.
Walt Franklin, from the CCAC, stated his commission had studied the extended height allowance issue
and had recommended approval. Edwin Keye said he thought excavating to allow construction below
grade should be considered. Mr. Dietz affirmed that fire and building codes prevented the building from
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being built below grade. Lowell Janson suggested other alternatives be explored rather than constructing
a building 60' in height. Jerry Gorrell stated his experience in theater operations had mandated the
proscenium design as a traditional world wide design which was the most flexible design for theater
staging. Jerry Kirkendoll said he was concerned about blocking views and urged a southwest design be
used with a minimum emphasis using glass. Councilman Apps expressed his approval of the
development of a high quality auditorium for future use by children in the community.
The motion CARRIED unanimously.
AGENDA ITEM #12 - PUBLIC HEARING ON ORDINANCE 97-18 A PROPOSED
AMENDMENT TO THE OFFICIAL ZONING DISTRICT MAPS TO DESIGNATE THE
APPROXIMATELY 133 ACRE UNPLATTED AREA OF LAKESIDE VILLAGE LOCATED
EAST OF SAGUARO BOULEVARD THE FOUNTAINHEAD CONDOMINIUMS ARRIBA
DEL LAGO, AND PANORAMA DRIVE; SOUTH OF THE RANCHO MONTANA
SUBDIVISION, MIRAGE HEIGHTS CONDOMINIUMS AND PLAT 303• WEST OF PLAT 303
THE MIRAGE POINTE SUBDIVISION AND THE FORT MCDOWELL INDUN
COMMUNITY; NORTH OF THE FOUNTAINHEAD CONDOMINIUMS ARRIBA DEL LAGO
AND PUERTO DEL LAGO• FROM R-5 R-3 R.U.P. #Z78-160 AND R-4 TO "RI-10". CASE
#Z97-07.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:35
p.m.
Mayor Miles gave a brief presentation which depicted the location of the property under consideration.
He said he was concerned with the present density issue as well as losing the ridgeline views in the area
behind Fountain Park lake. He stated that MCO had initially agreed not to build more than 320 units on
the 133 acres, that single story dwellings not exceed 22' in height on ridgeline areas and that dwellings
built on the "hotel hill" location would not exceed two stories, the height of which had not been
determined. He said negotiations with MCO had discussed the purchase of the a portion of the ridgeline
for development of a hiking trail along with a development limitation agreement. He presented the pros
and cons between the purchase of land, the rezoning of the property or a development limitation
agreement. He said he hoped to combine the purchase of land along with a development agreement in
future negotiations with MCO Properties.
Bill Eckhardt, a resident of Rancho Montana, supported the efforts of the Council to continue
negotiations with MCO. Mary Pilarinos supported the limiting of density and height issues without
purchasing the property. Bob Carpin, a resident of Arriba Del Lago, supported the land preservation
suggestion. Mayor Miles said only a bond issue could provide for the purchase of land for preservation
purposes and a bond issue question was planned for the November 4th election for preservation of the
McDowell Mountains. Dottie Youngs said she was concerned with the extension of Brantley Drive.
Mayor Miles assured Ms. Youngs that no suggestions for the extension of Brantley Drive had been
discussed. Judy Dragewicz asked about the allowable density after the review of slope analysis maps.
Mayor Miles said those maps had just been received and would be studied within the next few weeks to
determine density. Leesa Fraverd said she was concerned about the quality of multi -family dwellings
and supported rezoning of the property as well as urging considerations concerning the other three
parcels. Bill Wadsworth, a resident of Mirage Heights asked to have the ridgeline defined on a map.
Jerry Kirkendoll said there were many projects which needed Town money and that the Council couldn't
buy everything.
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Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:07
p.m.
AGENDA ITEM #13 - CONSIDERATION OF THE ORDINANCE 97-18 WHICH IF ADOPTED
WILL AMEND THE OFFICIAL ZONING DISTRICT MAPS TO DESIGNATE THE
APPROXIMATELY 133 ACRE UNPLATTED AREA OF LAKESIDE VILLAGE LOCATED
EAST OF SAGUARO BOULEVARD, THE FOUNTAINHEAD CONDOMINIUMS, ARRIBA
DEL LAGO, AND PANORAMA DRIVE; SOUTH OF THE RANCHO MONTANA, MIRAGE
HEIGHTS CONDOMINIUMS AND PLAT 303; WEST OF PLAT 303, THE MIRAGE POINTE
SUBDIVISION, AND THE FORT MCDOWELL INDIAN COMMUNITY; NORTH OF THE
FOUNTAINHEAD CONDOMINIUMS, ARRIBA DEL LAGO, AND PUERTO DEL LAGO;
FROM R-5, R-3 R.U.P. #Z78-160, AND R-4, TO " RI- 10". CASE #Z97-07.
AGENDA ITEM #11 - CONSIDERATION OF ORDINANCE 97-34 AUTHORIZING THE
EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE TOWN AND MCO
PROPERTIES RESTRICTING THE NUMBER OF UNITS AND HEIGHT OF UNITS THAT
WILL BE ALLOWED TO BE CONSTRUCTED ON FOUR PARCELS OF REAL PROPERTY
GENERALLY LOCATED IN AN AREA KNOWN AS LAKESIDE VILLAGE.
Councilman Poma MOVED to continue discussion of Ordinance 97-18 and Ordinance 97-34 until the
first meeting in October. Councilman Apps SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #14 - DISCUSSION OF THE COMMUNITY LOGO AS PRESENTED BY
COUNCILWOMAN WIGGISHOFF.
Councilwoman Wiggishoff said one of the proposed marketing and advertising plan objectives of the
Mayor's Council of Economic Development was the development of a Fountain Hills business logo. She
said this logo could be used by any Fountain Hills business as a method of community promotion and
pride. Credit was given to Michael QConner for his contributions and to Michael Fleck for the design of
the logo. She explained the design image of the logo was meant to be simple, appealing and distinctive.
Seasonal street banners could contain the Town logo in a variety of colors. She displayed a sample of an
ad to be used in a local cinema advertisement theate~ advertisement which used the logo.
AGENDA ITEM #15 - STATUS REPORT ON THE ADOT COMMUNITY LOGO SIGN PLAN
WITH POSSIBLE DIRECTION TO STAFF.
Town Engineer Randy Harrel stated that he had been working with ADOT over the last eight months to
develop a community business sign plan. He said three groups of signs, two on the Beeline Highway
(87) both north and south of Shea and one at the intersection of Shea and Saguaro were planned and
would be financed by the business owners advertised on the signs. He said the Chamber of Commerce
and the Town would be holding an information meeting to discuss the sign plan with ADOT. He said
Maricopa County had requested directional signs be placed within the Town's right-of-ways for the
McDowell Mountain Park. Mr. Harrel stated that staff recommended those signs be placed either on the
Town's directional signs or the ADOT logo signs. Mr. Harrel asked the Council to consider a logo for
advertising the Fountain on two ADOT logo signs which could cost around $1,000 per year.
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Councilwoman Wiggishoff said she approved of the ADOT logo signs on Hwy. 87 at the entrance to the
Town but not at the intersection of Shea and Saguaro. She also approved of the proposed expenditure for
advertising the fountain on entrance signs. Vice Mayor O'Brien said he was uncertain whether the
fountain needed to be advertised and promoted. Mayor Miles suggested this matter be discussed by staff
along with the Signage Committee which consisted of Councilwoman Wiggishoff and Vice Mayor
O'Brien. Mr. Harrel said signage directing traffic to Fountain Hills on the Red Mountain Freeway off
ramps as well as a sign on Country Club Drive was being developed.
Councilman Lawrence MOVED to refer this matter to staff and the Signage Committee. Councilman
Poma SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #16 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN
AMENDMENT TO CHAPTER 6, SECTION 6.08.E. OF THE ZONING ORDINANCE FOR THE
TOWN OF FOUNTAINHILLS WHICH IS THE SECTION OF THE ZONING ORDINANCE
REGULATING TEMPORARY OFF -PREMISE SIGNS.
Mayor Miles stated the outcome of a recent meeting between several Council members and Chamber
members, the Home Builders Association and area realtors in the Town had indicated unanimous intent
on resolving the off -premise sign problems. Dori Wittrig identified several of the problem areas
including the number of signs along Fountain Hills Boulevard especially at the Palisades Blvd. entrance.
She suggested additional discussions be held over the next two months to continue problem solving
measures regarding a possible permit policy with limitations on the number of signs. Also a review of
the current enforcement guidelines could prevent future abuse of signage in the Town. Bruce Hansen,
speaking for the Chamber of Commerce, said the Chamber supported the off -premise signs but that
limitations were in order and asked for a 60-day delay. Lowell Janson presented a survey he had
prepared as to the number of tent signs seen at certain times of the week.
Councilman Poma MOVED to continue discussion on off -premise signs for sixty days until the first
meeting in November. Councilman Lawrence SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #17 - STATUS REPORT ON THE IMPLEMENTATION OF THE TOWN'S
SIGNAGE PLAN WITH RESPECT TO TRUCK ROUTE SIGNS.
Councilman Apps asked he had received calls about the status of the truck route signs since the signage
plan was approved in March and signs had still not been installed. Town Engineer Randy Harrel
reported that nearly all the signs had been installed with the exception of 17 special -order signs which
were recent additions. Councilwoman Wiggishoff suggested a truck route sign be added at Glenbrook
and Blackbird. Mr. Harrel stated that if Marshal Gendler determined a problem at that area, a sign would
be ordered. Councilman Mower asked about a through truck route going to Rio Verde. Mr. Harrel
answered that the existing truck route used either Palisades or Saguaro Boulevard, then to Fountain Hills
Boulevard north to Rio Verde.
AGENDA ITEM #18 - CONSIDERATION OF RESOLUTION 1997-44 DESIGNATING THE
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ARTS COUNCIL OF THE FOUNTAIN HILLS CIVIC ASSOCIATION AS AN OFFICIAL
AGENT OF THE TOWN AND PRESCRIBING THE DUTIES AND OBLIGATIONS OF SUCH
DESIGNATION. APPROVAL OF THIS RESOLUTION WOULD DESIGNATE THE ARTS
COUNCIL AS THE OFFICIAL ART ORGANIZATION FOR THE TOWN AND AUTHORIZE
THE ARTS COUNCIL TO REPRESENT THE TOWN INCLUDING APPLICATIONS FOR
GRANTS AND ACCEPTANCE OF DONATIONS ON MATTERS RELATING TO PUBLIC
ART.
Mayor Miles stated Resolution 1997-44 would designate the Arts Council of the Fountain Hills Civic
Association to act as the official agent of the town and enable them to accept donations and apply for
grants for matters regarding public art. Councilwoman Wiggishoff MOVED to approve Resolution
1997-44 as presented. Vice Mayor OBrien SECONDED the motion.
Mary Pilarinos asked whether any public funds were involved in any way. Mayor Miles said there were
no mandates to provide the expenditure of public funds. Ginny Chin wanted to clarify that all aspects of
arts were covered including the performing arts. Mayor Miles confirmed this question. Councilman
Apps suggested a designated time be required for financial reports.
The motion CARRIED unanimously.
AGENDA ITEM #19 - REVIEW OF THE INITIAL RESULTS OF THE BUILDING SAFETY
DEPARTMENT SURVEY AND CONSIDERATION OF APPOINTING AN INDEPENDENT
COMMITTEE TO RECOMMEND TO THE COUNCIL PROCEDURES FOR
IMPLEMENTATION OF SUGGESTIONS RECEIVED FROM THE SURVEY
Town Manager Nordin reported on the 137 replies to a questionnaire which had been sent to contractors
who had applied for a building permit in the last year to determine the level of customer satisfaction in
the Building/Safety Department. Mayor Miles suggested a sub -committee review the replies and
determine suggestions for improvement. Councilman Apps suggested that the Committee be formed with
unbiased parties even if it required professional outside assistance. Vice Mayor O'Brien suggested staff
review the results of the survey and make recommendations based on that review. Councilwoman
Wiggishoff cited one of the comments made in the survey related to not knowing about the appeals
process and stated that staff should come back with a plan to resolve such comments. Mayor Miles
polled the Council as to their preference whether to ask staff to proceed or to form a sub -committee.
Councilman Lawrence, Poma, Apps and Mayor miles voted to form a sub -committee. Councilwoman
Wiggishoff, Vice Mayor O'Brien and Councilman Mower voted to direct staff to deal with current
problems. Mayor Miles stated this matter would be delayed for one month until the October 2nd
meeting.
AGENDA ITEM #20 - DISCUSSION OF INTERNAL INVESTIGATION I/A 97-058
CONDUCTED BY THE MARICOPA COUNTY INTERNAL AFFAIRS REGARDING A
CITIZEN COMPLAINT CONCERNING THE COMMUNITY DEVELOPMENT
DEPARTMENT WITH POSSIBLE DIRECTION TO STAFF FOR IMPLEMENTATION.
DISCUSSION MAY INCLUDE DIRECTION REGARDING THE BUILDING SAFETY
DEPARTMENT SURVEY.
Councilman Apps stated he did not consider the investigation closed regardless whether the Internal
Affairs division of Maricopa County did or not. Mayor Miles stated he thought the evaluation was
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favorable and considered this matter closed.
AGENDA ITEM #22 - CONSIDERATION OF A FINAL PLAT FOR "HACIENDA VISTA
CONDOMINIUMS" A TEN UNIT CONDOMINIUM PROJECT LOCATED AT 12609 NORTH
LAMONTANA DRIVE, AKA LOT 1, BLOCK 1. FINAL PLAT 207, CASE #S97-035.
Planner Geir Sverdrup stated no construction had started on the ten unit condominiums and that the
application had agreed to the stipulation presented in the staff report. Councilman Lawrence MOVED to
approve the final plat for Hacienda Vista Condominiums, Case #S97-035. Councilman Poma
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #23 - PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REQUIRE SOLID FENCING
AROUND OUTDOOR STORAGE YARDS AND TO REQUIRE THE MINIMUM FENCE
HEIGHT TO BE EIGHT (8) FEET IN COMMERCIAL, INDUSTRIAL, LODGING AND
UTILITY ZONING DISTRICTS. CASE #Z97-15.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:05
p.m.
Director of Community Development Gary Jeppson said staff had been asked by the Town Prosecutor to
consider changing the requirements for solid fencing versus the current terminology of view obscuring
materials. He stated the Planning & Zoning Commission had initiated an ordinance requiring 8' solid
fencing in commercial, industrial, lodging and utility zoning districts rather than the present 6'. Also in
residential districts, the language was changed to require RV's to be stored behind a solid fence at 6'.
Mayor Miles asked for clarification regarding those who might be grandfathered by this requirement.
After discussion, he stated that if someone was in compliance with the present laws that exist, the
requirements would not change.
Walt Franklin asked what would constitute a solid fence. Mr. Jeppson answered that a solid fence would
be opaque and could be any material that could not be seen through.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 9:10
p.m.
AGENDA ITEM #24 - CONSIDERATION OF ORDINANCE 97-31 WHICH IF ADOPTED WILL
AMEND THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REQUIRE
SOLID FENCING AROUND OUTDOOR STORAGE YARDS AND TO REQUIRE THE
MINIMUM FENCE HEIGHT TO BE EIGHT (8) FEET IN COMMERCIAL, INDUSTRIAL,
LODGING AND UTILITY ZONING DISTRICTS. CASE #Z97-15.
Councilman Apps MOVED to approve Ordinance 97-31 as presented. Councilman Mower
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #25 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN
APPLICATION TO REZONE LOTS 1-7 BLOCK 4 PLAT 302 FROM "C-2" INTERMEDIATE
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X
COMMERCIAL TO "C-3" GENERAL COMMERCIAL LOCATED EAST OF SAGUARO
BOULEVARD, NORTH OF RAND DRIVE, AND SOUTH OF EL PUEBLO BOULEVARD AND
SIOUX DRIVE, CASE #Z97-14.
AGENDA ITEM #26 - CONSIDERATION OF ORDINANCE 97-32 AN APPLICATION TO
REZONE LOTS 1-7, BLOCK 4. PLAT 302 FROM "C-2" INTERMEDIATE COMMERCIAL TO
"C-3" GENERAL COMMERCIAL, LOCATED EAST OF SAGUARO BOULEVARD NORTH
OF RAND DRIVE, AND SOUTH OF EL PUEBLO BOULEVARD AND SIOUX DRIVE CASE
#Z97-14.
AGENDA ITEM #27 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN
APPLICATION TO PERMIT A TEMPORARY VEHICLE STORAGE FACILITY AS A
SPECIAL USE IN THE PROPOSED "C-3" ZONING DISTRICT, LOCATED AT 17317 SIOUX
DRIVE, AKA, LOT 2, BLOCK 4. PLAT 302, CASE #SU97-05.
AGENDA ITEM #28 - CONSIDERATION OF AN APPLICATION TO PERMIT A
TEMPORARY VEHICLE STORAGE FACILITY AS A SPECIAL USE IN THE PROPOSED "C-
3" ZONING DISTRICT, LOCATED AT 17317 SIOUX DRIVE AKA LOT 2 BLOCK 4 PLAT
302, CASE #SU97-05.
Mayor Miles stated that the applicant had asked for postponement of this matter until the next Council
meeting. Councilman Mower MOVED to continue discussion of agenda items #25-28 until the
September 18th, 1997 meeting. Councilman Apps SECONDED the motion which CARRIED
unanimously.
AGENDA ITEM #29 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN
AMENDMENT TO THE FOUNTAIN HILLS ZONING ORDINANCE TO AMEND CHAPTER 1
SECTION 1.12 BY ADDING_A DEFINITION FOR "DWELLING TWO-FAMILY" AND
AMENDING "DWELLING, MULTI -FAMILY", CASE #Z97-16.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:12
p.m.
Planner Geir Sverdrup stated this amendment was written to help clarify the definition of a duplex
dwelling and how a multi -family dwelling was connected by common living walls. He said the Planning
& Zoning Commission had recommended approval. There were no comments from the public.
Mayor Miles closed the public hearing and reconvene the Regular Session of the Town Council at 9:14
p.m.
AGENDA ITEM #30 - CONSIDERATION ORDINANCE #97-33, AN AMENDMENT TO THE
FOUNTAIN HILLS ZONING ORDINANCE TO AMEND CHAPTER 1. SECTION 1.12 BY
ADDING A DEFINITION FOR "DWELLING, TWO-FAMILY" AND AMENDING
"DWELLING, MULTI -FAMILY", CASE #Z97-16.
Councilman Lawrence MOVED to approve Ordinance 97-33 as presented. Councilman Poma
SECONDED the motion. Councilwoman Wiggishoff asked why the buildings needed a connecting wall.
She said she thought the main concern should be whether there were two dwelling units covered by
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setbacks rather than regulating an area that need not be regulated. Vice Mayor O'Brien said he didn't see
why it was necessary. Councilman Lawrence said the ordinance clarified language for staff and was
necessary for applicants and staff to understand what was allowed. The motion CARRIED unanimously
with a roll call vote.
AGENDA ITEM #31 - CONSIDERATION OF A FINAL REPLAT JOINING LOTS 11 & 12,
BLOCK 1, FINAL PLAT 430, LOCATED AT THE NORTH END OF GLENBROOK DRIVE
AND EAST OF FOUNTAIN HILLS BOULEVARD CASE #S97-040
Planner Geir Sverdrup said the lot join was requested to allow the applicant to build a larger building in a
"C-1" district. Councilman Lawrence MOVED to approve the final replat, Case #S97-040 as presented.
Councilman Apps SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #32 - CONSIDERATION OF ASSUMING FINANCIAL RESPONSIBILITY OF
THE LAKESIDE VILLAGE STREET LIGHTING OBLIGATION TO SALT RIVER PROJECT.
Mayor Miles recalled that the Town had agreed to the takeover of median maintenance expenses from the
Lakeside Village Association but had delayed its approval of the assumption of street lighting costs at
that time. According to Town Attorney Bill Farrell, the Town could decide to turn off the street lights
but would be bound to assume the remainder for an additional twelve year period as contained in the
present contract with Salt River Project at $7,000 per year. Mayor Miles said while the street lights do
provide some lighting, in the future more non -obtrusive lighting could be installed. Councilman Mower
said that the street lights do not illuminate the park and that other street lights in the Lakeside Village
area are located away from the park. He recommended that the Council deny the request to assume the
financial responsibility of the street lighting obligation. Vice Mayor OBrien suggested the Town
approach SRP to determine if another arrangement were possible if the Town assumed the street lights.
Councilman Poma said he was concerned about setting a precedent and having other homeowners'
associations asking the Town to assume their lights.
Bill Wadsworth, Mirage Heights, said the eight presidents of the various homeowners associations
connected with Lakeside Village had agreed that the Town should take over the street lights since the
lights were located on public streets. He stated lights in other associations were located in cul-de-sacs
and did not light public property as did those around the park. He said the lease with SRP obligated the
association to a twenty year contract signed in 1989.
There was no action on this matter due to the lack of a motion.
AGENDA ITEM #33 - CONSIDERATION OF RESOLUTION 1997-45 AMENDING THE
EMPLOYEE MANUAL TO INCLUDE NEW POLICIES REGARDING NEPOTISM
VACATION ACCRUAL USE OF INTERNET ACCESS AND ACCIDENT REPORTING
POLICIES REGARDING CONTROLLED SUBSTANCE AND ALCOHOL TESTING
PROCEDURES.
Town Attorney Bill Farrell summarized the four amendments to the Employee Manual by reviewing
policies concerning nepotism, excess vacation accrual, use of internet access and accident reporting
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processes.
Mayor Miles said he was concerned about nepotism in the workplace which might create future
problems.
Vice Mayor OBrien said the requirement to remove relatives from supervising relatives was a reasonable
medium. The Council voted 6-1 regarding the nepotism policy, Mayor Miles cast the nay vote.
Councilman Apps asked about drug testing policies and asked if it legally complied with Arizona
statutes. Town Attorney Farrell answered that the policy had been written to comply with federal
mandates.
Councilman Lawrence MOVED to approve Resolution 1997-45 as presented. Councilwoman
Wiggishoff SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #34 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT
WITH THE SANITARY DISTRICT FOR COLLECTION OF FEES.
Town Attorney Farrell said the Intergovernmental Agreement had been prepared because methods to
insure all proper fees were collected prior to the beginning of construction. He said the Sanitary District
had already approved the agreement which provided for the Sanitary District's assumption of liability in
the event damages were assessed that resulted from the failure of the District to provide timely
information to the Town. Councilman Lawrence MOVED to approve the Intergovernmental Agreement
as presented by counsel. Councilwoman Wiggishoff SECONDED the motion which CARRIED
unanimously.
AGENDA ITEM #35 - CALL TO THE PUBLIC. PUBLIC COMMENT IS ENCOURAGED BUT
PLEASE BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS
MATTERS BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS
PROHIBITED BY THE ARIZONA OPEN MEETING LAW.)
No one spoke from the public.
AGENDA ITEM #36 - PURSUANT TO A.R.S. 38-431.03.A.1; VOTE TO GO INTO EXECUTIVE
SESSION 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 LESS THAN 24 HOURS FOR THE
OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION
OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING.RESPECTIVELY.
Councilman Poma MOVED to go into Executive Session. Councilwoman Wiggishoff SECONDED the
motion which CARRIED unanimously. Mayor Miles recessed the Regular Session of the Town Council
Page 11 of 1.2
at 9:45 p.m.
AGENDA ITEM #37 - RETURN TO REGULAR SESSION AND ADJOURNMENT.
Mayor Miles reconvened the regular session of the Town Council and adjourned the meeting.
TOWN OF FOUNTAIN HILLS
Jerry Miles, Mayor
ATTEST:
Cassie B. Hansen, Town Clerk
PREPARED BY:
Linda D. Lemmen, Administrative Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Session Meeting held by the Town Council of Fountain Hills on the 4th day of September, 1997. 1
further certify that the meeting was duly called and that a quorum was present.
DATED this 18th day of September, 1997.
Cassie B. Hansen, Town Clerk
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