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HomeMy WebLinkAbout1996.1219.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 19, 1996 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30 P.M., Thursday, December 19, 1996, 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 Boy Scouts Ryan Lewis and Ken Ulrikson and the invocation given Pastor Glenn Atchinson of the Fountain Hills Presbyterian Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Lawrence and Councilmembers Bill O'Brien, 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 Jeff Valder. Vice Mayor Lawrence asked to remove Agenda Item #10 from the Consent Agenda. Councilman Poma asked to remove Item#12. Mayor Miles read the remainder of the Consent Agenda which consisted of the following agenda items. AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF NOVEMBER 21 AND DECEMBER 5, 1996. AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1996-88,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTH AND WEST PROPERTY LINES OF LOT 5,BLOCK 3, PLAT 601A (13022 MOUNTAINSIDE),AS RECORDED IN BOOK 161 OF MAPS, PAGE 44, RECORDS OF MARICOPA COUNTY, ARIZONA. (BEHESHTI - EA96-31) AGENDA ITEM#4-CONSIDERATION OF RESOLUTION 1996-89,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY PROPERTY LINE OF LOT 17,BLOCK 4,PLAT 604A (15153 E. PALOMINO), AS RECORDED IN BOOK 165 OF MAPS, PAGE 16, RECORDS OF MARICOPA COUNTY, ARIZONA. (RAFENSTEIN - EA96-50) AGENDA ITEM #5 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE CLIFF HOUSE CONDOMINIUM PROJECT LOCATED AT 16637 E. WESTBY DRIVE, PLAT 102, BLOCK 1, LOT 3, CASE NUMBER S96-047. AGENDA ITEM #6 - CONSIDERATION OF PRELIMINARY PLAT FOR THE SAN LORAIN CONDOMINIUMS PROJECT LOCATED AT 16637 E. ALMONT DRIVE, PLAT 102, BLOCK 3, LOT 3, CASE NUMBER S96-052. AGENDA ITEM #7 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE PALM TREE VILLAS CONDOMINIUM PROJECT LOCATED AT 16677 E. WESTBY DRIVE,PLAT 102,LOTS 7,8& 9,CASE NUMBER S96-057. AGENDA ITEM #8 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE FOUR PEAKS A CONDOMINIUM PROJECT V LOCATED IN PLAT 102, BLOCK 5, LOTS 5 AND 13A. CASE NUMBER S96-058. Minutes of the Regular Session of the Town Council 12/19/96 Page 1 of 10 AGENDA ITEM #9 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE PROPERTIES OF PACIFIC SOUTHWEST CONDOMINIUM PROJECT LOCATED AT 14215 ASHBROOK DRIVE, PLAT 111, BLOCK 5, LOT 24, CASE NUMBER S96-059. AGENDA ITEM#11-RATIFICATION OF BOARD OF ADJUSTMENT AMENDMENTS TO DELETE THE PROVISION FOR THE CHAIR TO ADMINISTER OATHS; TO CHANGE THE MEETING TIME FROM 7:00 P.M. TO 6:30 P.M.; TO ELECT A NEW CHAIR IN FEBRUARY INSTEAD OF OCTOBER; AND TO STATE THE MEETING PLACE AS BUILDING B. Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Vice Mayor Lawrence SECONDED the motion. A roll call vote was taken with the following results: Councilman Poma Aye Councilwoman Wiggishoff Aye Councilman Apps Aye Councilman Mower Aye Councilman O'Brien Aye Vice Mayor Lawrence Aye Mayor Miles Aye The motion CARRIED. AGENDA ITEM #10 - CONSIDERATION OF A PRELIMINARY PLAT FOR A LOT SPLIT OF LOT 1, BLOCK 1, FINAL PLAT 605-B, 16012 E. GENOA WAY, CASE NUMBER S96-053. Vice Mayor Lawrence asked why the sidewalk requirement was being removed from the preliminary plat stipulations. Town Engineer Randy Harrel stated that the recently enacted Subdivision Ordinance contained sidewalk requirements and a waiver request to eliminate sidewalk requirements must be approved by the Council. Since sidewalk was not planned south of Segundo Drive and there was no sidewalk adjacent to Appian Way,Mr. Harrel said the waiver was in order. Vice Mayor Lawrence MOVED to approve Case Number S96-053 as presented. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM #12 - CONSIDERATION OF THE EXTENSION OF PREMISE/PATIO PERMIT APPLICATION SUBMITTED BY BRUCE CONKLIN OF THE AMERICAN LEGION FOR DECEMBER 31, 1996. Councilman Poma asked whether opening and closing times were required to be stipulated in the request. Town Clerk Cassie Hansen answered that the Extension of Premises permit did not require the applicant to state the operational hours. She stated that this permit was only for members and their guests. Councilman Poma MOVED to approve the Extension of Premises/Patio Permit submitted by the American Legion. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM #13 - MAGISTRATE REPORT BY JUDGE STUART SHOOS. The monthly report for the month of November was given to the Council members prior to the meeting. Judge Shoob was not at the meeting. Councilman Poma MOVED to accept Judge Shoob's report as submitted. Councilman Apps SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 12/19/96 Page 2 of 10 AGENDA ITEM#14-REPORT FROM MARICOPA COUNTY SHERIFF'S OFFICE REPRESENTATIVE CONCERNING THE NUMBER OF BURGLARIES IN FOUNTAIN HILLS. Lieutenant Gary Gregory addressed the Council relative to his report concerning the number of structural and vehicle burglaries in the Town. Mayor Miles concluded that if residents locked their vehicles and kept their garage doors closed,perhaps 50% of the burglaries could have been prevented. Vice Mayor Lawrence asked if the 13%clearance rate was a typical rate in solving burglary cases. Lieutenant Gregory said burglaries were difficult crimes to solve. Councilman Apps asked if the public was being given information regarding preventative measures. Marshal Steve Gendler reported that two officers had recently been hired as a result of a grant award and that they would be focusing on crime prevention. He said the results of a recent survey had indicated numerous unattended garages with open doors as well as personal property items left laying unattended in plain view. He stated his officers would be concentrating their efforts to inform the public of their responsibilities with taking care of their property. AGENDA ITEM #15 - ACCEPTANCE OF ARTWORK DONATION FOR THE AVENUE OF THE FOUNTAINS FROM BILL BEAMISH. Bill Beamish, a member of the local Rotary Club, told the Council of the Club's plans to donate a water sculpture as part of one of the existing fountains on the center median at the Avenue of the Fountains. He said the total cost of the sculpture was$20,000 which would be funded mainly by the Rotary Club and assisted by individual donations and sales of bricks for around the sculpture. He noted that the medians at the location of the Avenue of the Fountains were still owned by MCO Properties and understood that the Town would be assuming ownership in the near future. He asked the Council to provide written authorization of acceptance of the donation to the Rotary Club so they could proceed with the acquisition of the sculpture. Councilman Poma MOVED to accept the artwork donation from the Rotary Club. Councilman O'Brien SECONDED the motion. Councilman Apps asked who would be responsible for the maintenance and future expenses connected with the sculpture. Mr.Nordin indicated the Town would provide the maintenance and the liability for the artwork. Mr. Beamish said the Rotary Club had planned to sponsor maintenance and future expenses connected with the sculpture. The motion CARRIED unanimously. AGENDA ITEM #16 - CONSIDERATION OF AWARDING THE BID FOR PHASE 4 CONSTRUCTION AT GOLDEN EAGLE PARK. Town Attorney Bill Farrell stated nine proposals had been submitted which consisted of a base bid along with three additional alternates. He informed the Council that the Arizona Department of Water Resources had notified the Town that in reviewing the plans they could require additional dirt relocation at one corner of Golden Eagle Park and that costs for this requirement had not yet been established. He suggested that even though funding for$900,000 had been provided in the current budget, the base bid should be awarded at this time to Wellington West on the condition that Wellington West agreed in writing to hold firm the three additional alternates for a 90-day period. He estimated that staff could provide cost estimates for the ADWR work within that 90-day period and that change orders could be effectuated for Council authorization as well as the awarding of one,two, or all three add alternates. He noted Wellington West had provided a written agreement to assure the three alternate's costs for 90 days. Councilman O'Brien MOVED to accept the base bid of Wellington West in the amount of $710,087.00 and the alternates as stipulated by the Town Attorney. Councilman Apps SECONDED the motion which was CARRIED unanimously. Minutes of the Regular Session of the Town Council 12/19/96 Page 3 of 10 AGENDA ITEM#17-CONSIDERATION OF AWARDING THE BID FOR THE STREET MAINTENANCE BUILDING CONTRACT, ENG 96-001. Town Engineer Randy Harrel stated 12 bids had been opened on December 17th and recommended awarding the low bid for the Street Maintenance Building contract to Agate, Inc. in the amount of$184,600 which included Add Alternate #1. Councilwoman Wiggishoff MOVED to award the bid to Agate, Inc. Councilman O'Brien SECONDED the motion. Town Manager Paul Nordin stated this bid had exceeded budgeted funds ($150,000) for the contract but that funds were available to cover the excess. Mr. Harrel stated that the Engineer's estimate had been $180,000. The motion CARRIED unanimously. AGENDA ITEM#18-CONSIDERATION OF APPROVING A BUDGET FOR FOUNTAIN PARK FOR THE REMAINDER OF FISCAL YEAR 1996/97. Mr.Nordin presented a line item breakdown of the $174,965 Fountain Park budget for the remainder of the 1996-97 fiscal year. He said the budget included the possible hiring of two MCO employees as Town employees, one position as Foreman and the other as a Park Maintenance Worker. The two employees would tentatively be included in the Engineering/Street Department and would be evaluated after a trial period. He asked that the Council approve the budget contingent upon receiving a favorable report from environmental testing work. Mr. Nordin pointed out that the foreman's wages reflected the current wages paid to him by MCO whereas the park maintenance worker would receive wages consistent to an existing pay scale for a park maintenance worker. Mary Pilarinos asked the Council if there were sufficient funds to cover the expenses of ownership of Fountain Park. Mayor Miles said the agreement with MCO had been previously ratified by the Council. The Council approved the Fountain Park line item budget by a 6-1 roll call vote. Councilman Poma cast the nay vote. AGENDA ITEM#19-CONSIDERATION OF REJECTING ALL PROPOSALS SUBMITTED FOR TOWN ATTORNEY SERVICES AND ADOPTING A PROCEDURE FOR A NEW TOWN ATTORNEY REQUEST FOR PROPOSAL PROJECT. Mr. Nordin said he had conferred with an independent counsel regarding procedural errors made regarding the acceptance of proposals submitted for the Town Attorney position. He suggested to reject all proposals and re- advertise and accept new sealed proposals. He presented a revised schedule which resulted in a two-week delay from the original schedule. He stated the eleven applicants were advised of the rejection and invited to resubmit a new proposal. Councilman O'Brien MOVED to reject all proposals as stated by Mr. Nordin and proceed with re- advertising. Councilman Poma SECONDED the motion. Vice Mayor Lawrence MOVED to amend the motion by including that the proposals previously submitted be made public documents. Councilman Apps SECONDED the amendment. Mayor Miles asked the members of the Council, the Town Attorney and the Town Clerk whether information in the proposals had been distributed and he stated he thought it was inappropriate to make the proposals a public document. Mr. Nordin said he could not guarantee the confidentiality of the submitted proposals due to procedural errors. He stated that the RFP had statements in it which guarantee the confidentiality of proposals until the award was made. A roll call vote of the amendment FAILED with a 4-3 vote. Councilman Apps, Poma and Vice Mayor Lawrence cast the aye votes. Vice Mayor Lawrence further MOVED to amend the motion to change the proposed schedule to re-advertise starting in the second and third week in January and revise the schedule accordingly. Councilman O'Brien said he thought Minutes of the Regular Session of the Town Council 12/19/96 Page 4 of 10 many of the newly submitted proposals would be relatively the same as the first group. Councilman Apps SECONDED the amendment. Vice Mayor Lawrence stated he thought advertising during the holidays would be 4111110, pointless and other firms might be interested in applying. Councilman Apps said possibly more proposals might be received if advertising commenced after the first of the year. A roll call vote of the amendment resulted in a 5-2 vote. The amendment FAILED. Councilman Apps and Vice Mayor Lawrence cast the aye votes. Councilman O'Brien MOVED to amend the motion to move the deadline for receiving proposals from January 7, 1997 to January 14, 1997 and to change the remainder of the schedule accordingly. Councilwoman Wiggishoff SECONDED the amendment which CARRIED unanimously. A vote on the main motion CARRIED unanimously. AGENDA ITEM #20 - CONSIDERATION OF CHANGING THE JANUARY MEETING DATES OF THE TOWN COUNCIL MEETINGS DUE TO THE NEW YEAR'S EVE HOLIDAY AND SCHEDULING ADDITIONAL MEETINGS FOR JANUARY AND FEBRUARY, 1997. Town Manager Nordin asked the Council to consider changing the January Council meeting dates because the first Council meeting was scheduled for January 2, 1997. He stated that since January had five Thursdays, the meeting dates could be changed to allow staff adequate time to prepare staff reports. Councilman Poma MOVED to change the January Council meeting dates from the first and third Thursday of January to the second and fourth Thursday of January (January 9th and 23rd). Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. Mr. Nordin stated that the Planning &Zoning Commission meeting dates had also been changed for the month of January. Vice Mayor Lawrence suggested moving the joint meeting with the Parks & Recreation Commission to February. Councilman O'Brien suggested rescheduling the two police meetings in the fifth week of January to sometime in February. Mr. Nordin said he would provide an updated schedule. L AGENDA ITEM #21 - CONSIDERATION OF THE PRELIMINARY PLAT OF THE TOWN CENTER 1 SUBDIVISION. Director of Community Development Gary Jeppson stated the Town Center 1 Subdivision consisted of 46.5 acres and was divided into eight lots. He said Planning&Zoning Commission had recommended that the median located along Fountain Hills Boulevard to be constructed as a flush median and had recommended approval with several stipulations. He said a minor change to Stipulation#12 was to eliminate the 10' additional disturbance allowance. Councilman Mower asked about Stipulation#6 which dealt with roadway construction. Town Engineer Randy Harrel stated that the four specified roadways were off-site of the Town Center 1 Subdivision project and were not the responsibility of the developer. He said the specified roadway segments should be designed with the development of the Town Center 1 Subdivision in order to maintain a contiguous design. Councilman Apps asked if a traffic control system was planned for the intersection of Avenue of the Fountains and Palisades Boulevard. Mr. Harrel said there would be a stop sign on Avenue of the Fountains and an emergency flasher on Palisades. As the traffic volume grows, Mr. Harrel said he anticipated installing a signal at that location. The underground system utilities would be constructed by the developer with the initial construction and the developer would assume the cost of the emergency flasher and half the cost of the traffic signal. Mike Snodgrass, representing the developer, MCO Properties, told the Council Parcel #1 was being considered for a residential retirement area. He confirmed agreement with the stipulations as submitted by staff. Vice Mayor Lawrence MOVED to approve the Preliminary Plat for Town Center 1 Subdivision. Councilman Poma SECONDED the motion. Lie Minutes of the Regular Session of the Town Council 12/19/96 Page 5 of 10 Charles Boyd, representing Palisades Plaza Shopping Center, asked if the flush median planned for Fountain Hills Boulevard from the second most southerly access to the Shopping Center to Avenida Vida Buena was included in the stipulations. Mr. Jeppson stated that the recommendation included Stipulation#11 which provided for a road- NOW grade median. Councilman O'Brien clarified that a raised median had been approved for the northerly area by the shopping center accesses on Fountain Hills Boulevard with the Preliminary Plat approval for the Tokpela Subdivision. Town Attorney Bill Farrell stated that the only issue before the Council was the construction of road grade medians south of the second access to the Shopping Center. Mr. Jeppson stated that a traffic count was reviewed by the P&Z Commission and Stipulation #11 was then recommended as submitted. He said the P&Z Commission had recommended future discussion concerning the raised median construction at the northern two access areas on Fountain Hills Boulevard which had been approved by a previous Council. Mr. Nordin stated the Council could review this decision at their meeting in January if desired. Councilman Mower asked if a four-way stop was planned for Westby Drive and Palisades Boulevard. Mr. Harrel stated that the volume of traffic generated in that area would not substantiate a need for a traffic stop at that location. After a roll call vote, the motion CARRIED with a 5-2 vote. Councilman Mower and O'Brien cast the nay votes. AGENDA ITEM#22-PUBLIC HEARING ON ORDINANCE 96-51,A PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE 43,392 SQUARE FEET OF TRACT C-1 IN THE EAGLE MOUNTAIN MASTER SUBDIVISION FROM"OSR",OPEN SPACE RECREATIONAL TO THE"R1-8A"ZONING DISTRICT,CASE NUMBER Z96-28. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:55 p.m. Mr. Jeppson stated the change of zoning was requested to allow an extension of the "R1-8A" zoning for Parcel #7 into an unused graded golf course area. Mike Renada, representing Eagle Mountain, was present to answer questions from the Council. No one came forward from the public to speak for or against Ordinance 96-51. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:58 p.m. AGENDA ITEM#23-CONSIDERATION OF ORDINANCE 96-51,A PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE 43,392 SQUARE FEET OF TRACT C-1 IN THE EAGLE MOUNTAIN MASTER SUBDIVISION FROM"OSR",OPEN SPACE RECREATIONAL TO THE"R1-8A"ZONING DISTRICT,CASE NUMBER Z96-28. Vice Mayor Lawrence MOVED to approve Ordinance 96-51, Case Number Z96-28. Councilwoman Wiggishoff SECONDED the motion which CARRIED with a 6-1 roll call vote. Councilman O'Brien cast the nay vote. AGENDA ITEM#24-PUBLIC HEARING ON ORDINANCE 96-52,A PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE ALL OF TRACT 3A (59,781 SQUARE FEET) IN THE EAGLE MOUNTAIN MASTER SUBDIVISION FROM THE "C-1"ZONING DISTRICT TO THE "OSR"OPEN SPACE RECREATIONAL ZONING DISTRICT, CASE NUMBER Z96-27. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:59 p.m. Minutes of the Regular Session of the Town Council 12/19/96 Page 6 of 10 Mr.Jeppson stated the zoning change was being requested because the "C-1"use previously planned for that location was not going to be developed. No one came forward from the public to speak for or against Ordinance 96-52. rr► Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:00 p.m. AGENDA ITEM#25-CONSIDERATION OF ORDINANCE 96-52,A PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE ALL OF TRACT 3A (59,781 SQUARE FEET) IN THE EAGLE MOUNTAIN MASTER SUBDIVISION FROM THE "C-1"ZONING DISTRICT TO THE"OSR"OPEN SPACE RECREATIONAL ZONING DISTRICT, CASE NUMBER Z96-27. Councilman Poma MOVED to approve Ordinance 96-52. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM #26 - PUBLIC HEARING ON ORDINANCE 96-53, A PROPOSED AMENDMENT TO CHAPTER 6,SECTION 6.12 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PERMIT PERMANENT OFF-PREMISE SIGNS IN MASTER-PLANNED VILLAGES BY SPECIAL USE PERMIT ONLY, CASE NUMBER Z96-14. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:02 p.m. Mr. Jeppson stated there were two master-planned villages in the Town, namely Eagle Mountain and Sunridge Canyon. He said this amendment would allow placement of permanent signs outside of the street rights-of-way to advertise the subdivision's development and would be removed upon completion of the initial sales of the development. Signs would be allowed through a special use permit reviewed by the Council. The temporary signs used by developers to direct buyers to projects would still be permitted. Ray Baldwin,Sunridge Canyon developer,stated a comprehensive sign package had been approved in May for signs within the development and that he supported the proposed amendment for permanent off-premise signs. Town Attorney Farrell stated that when a special use permit was applied for,the Council could restrict the number of signs only within the Town's jurisdiction. No one came forward from the public to speak for or against Ordinance 96-53. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:10 p.m. AGENDA ITEM #27 - CONSIDERATION OF ORDINANCE 96-53, A PROPOSED AMENDMENT TO CHAPTER 6,SECTION 6.12 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PERMIT PERMANENT OFF-PREMISE SIGNS IN MASTER-PLANNED VILLAGES BY SPECIAL USE PERMIT ONLY, CASE NUMBER Z96-14. Vice Mayor Lawrence MOVED to approve Ordinance 96-53 as presented. Because there was no second to the motion, the motion DIED. AGENDA ITEM#28-PUBLIC HEARING ON ORDINANCE 96-54,A PROPOSED AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO INCREASE THE NUMBER OF Low Minutes of the Regular Session of the Town Council 12/19/96 Page 7 of 10 BEDROOMS THAT CAN BE UTILIZED IN A BED AND BREAKFAST ESTABLISHMENT IN SINGLE AND MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS, CASE NUMBER Z96-35. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:12 p.m. Mr. Jeppson reviewed the proposed ordinance which included two provisions. The first would permit bed and breakfast operations in lower density zoning districts to allow four bedrooms by a temporary use permit and the second would allow up to 12 bedrooms per unit in multi-family districts by special use permit. He stated the P&Z Commission had recommended denial of this proposed ordinance. Nan Lesnick, operator of Sycamore Canyon Bed and Breakfast, expressed her approval for the section which increased from two to four bedrooms in certain residential districts. She said this would allow bed and breakfast operations an opportunity to operate as a money-making business. Phyllis Kern supported the ordinance and suggested adequate off-street parking be provided when applications are being considered. Paul Kostura said he didn't believe a bed and breakfast operation belonged in a residentially zoned district. He spoke in opposition to the increase in the number of allowed bedrooms. Vice Mayor Lawrence asked if bed and breakfast operations were considered a home occupation. Mr.Jeppson stated they were and that they were required to conform to home occupation guidelines contained in the Zoning Ordinance. Vice Mayor Lawrence also asked if converting from 2 to 4 bedrooms required additional parking spaces. Mr. Jeppson answered that four additional non-tandem parking spaces would be required. Councilman Apps asked for clarification as to the number of rooms which require compliance with ADA standards. Mr. Jeppson answered that when there were five or more bedrooms in a unit, ADA requirements must be met. Edwin Kehe said he perceived the public's opposition to bed and breakfast establishments in residential zones and that permitting more rooms would increase negative feelings in the community. Pam Carlson, a current B&B operator, said she did not consider a four bedroom bed and breakfast operation as a hinderance to any neighborhood any more than any other home occupation. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:29 p.m. AGENDA ITEM#29-CONSIDERATION ON ORDINANCE 96-54,A PROPOSED AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO INCREASE THE NUMBER OF BEDROOMS THAT CAN BE UTILIZED IN A BED AND BREAKFAST ESTABLISHMENT IN SINGLE AND MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS, CASE NUMBER Z96-35. Councilwoman Wiggishoff MOVED to approve Ordinance 96-54 for discussion purposes. Councilman Mower SECONDED the motion. Councilwoman Wiggishoff pointed out that the increase from two to four bedrooms was only being allowed in lower density zoned districts such as R1-35 and above. She said the character of the residential neighborhoods should be preserved and opposed the amendment which allowed up to twelve units in multi-family zoned areas. She stated signage restrictions had to be obeyed and compliance with required parking spaces would be difficult without acquiring large paved areas. She said she was concerned that a 12-room facility might become a boarding house and that the purpose of the ordinance to create more bed and breakfast bedrooms would be defeated. She suggested a 12-room facility be allowed in a "C-1" zoned district. Vice Mayor Lawrence MOVED to amend the motion to delete the section allowing up to 12 bedrooms in a multi- family zoned district. Councilman Poma SECONDED the motion. Mayor Miles asked if a postponement was in order to allow time to redraft the ordinance. Vice Mayor Lawrence stated that 12 unit projects in residential Minutes of the Regular Session of the Town Council 12/19/96 Page 8 of 10 neighborhoods were inappropriate and an intrusion into small residential living areas. Councilman O'Brien said he would support twelve units in a commercial district but not in a multi-family district. He said he viewed the change to allow up to twelve units as a major change for the community and said he would not support either of the amendments contained in the ordinance. The motion to amend CARRIED unanimously. Mr.Jeppson clarified that the remainder of the ordinance to consider would be to allow up to four bedrooms in lower density zoned areas, R1-35 and higher as well as all multi-family zoned areas with an approved temporary use permit. Mayor Miles suggested a special use permit be granted rather than a temporary use permit for the extra two rooms. Vice Mayor Lawrence said he opposed the remainder of the ordinance. He said if the bed and breakfast operations were a home occupation with a business license, stipulations concerning the limit of five trips or visits per day would be difficult to comply with if four tenants rented at the same location. Also, he had concerns about increased parking requirements, large amounts of paved areas, increased traffic congestion,and increased noise with the allowable extra two-room capacity of bed and breakfast operations. Councilman Poma said he was worried about large amounts of blacktopped areas for parking. Nan Lesnick said her particular residence had graded areas for accommodating additional cars. Phyllis Kern said her overall occupancy rate was only about 18% which made it difficult to operate a profitable business. Steve Russell stated he thought a bed and breakfast operation was not appropriate in residential districts. Mr. Jeppson pointed out that the code required paved areas for parking for facilities of up to four units or less. The roll call vote on the motion to approve FAILED with a 4-3 vote. Mayor Miles,Councilman Mower and Poma cast the aye votes. AGENDA ITEM#30-CONSIDERATION ON ORDINANCE 96-56,A PROPOSED AMENDMENT TO THE SUBDIVISION ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REQUIRE TRACTS OF LAND TO ELIMINATE THROUGH LOTS. Planner Jeff Valder said this amendment was previously considered as an amendment to the Zoning Ordinance which ultimately would have created a burden on existing lot owners to comply with the requirements. As a result, staff had prepared an amendment to the Subdivision Ordinance that would only apply the standards to new subdivisions where homeowner's associations would require landscape maintenance of the 20' strip between the curb and a subdivision wall. He stated he had added the requirement to street side-yard roads and that arterial roads were already included under the Subdivision Ordinance. Mr.Jeppson said an amendment to the Subdivision Ordinance did not necessarily need to go through a public hearing process with the P&Z Commission. Vice Mayor Lawrence said he wanted P&Z Commission input to this amendment and MOVED to refer Ordinance 96-56 to the Planning & Zoning Commission for a public hearing. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM#31 - 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 came forward from the public. Minutes of the Regular Session of the Town Council 12/19/96 Page 9 of 10 AGENDA ITEM #32 - ADJOURNMENT. Councilman Mower MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. Mayor Miles adjourned the meeting at 8:56 p.m. TOWN OF FOUNTAIN HILLS By: Je Miles, Mayor A 1TEST: C r�L 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 19th day of December, 1996. I further certify that the meeting was duly called and that a quorum was present. DATED this 9th day of January, 1997. 04.44.4. 1) Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 12/19/96 Page 10 of 10