HomeMy WebLinkAbout1997.0306.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Nirw MARCH 6, 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, March 6, 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 which was led by Matthew Yoder, Boy Scout Troop#343 and the
invocation given by Father Tot O'Dea of the Church of the Ascension, 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(late)and
Councilmembers Don Lawrence, Marianne Wiggishoff, Sid Apps, and Al Poma. Councilman Penfield Mower was
absent. Also present were Town Manager Paul Nordin, Assistant Town Attorney Andrew McGuire, Town Clerk
Cassie Hansen, and Director of Community Development Gary Jeppson.
Mayor Miles read the Consent Agenda which consisted of the following items:
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF FEBRUARY
11TH, 18TH AND 20TH, 1997.
AGENDA ITEM#4- CONSIDERATION OF THE JOINT SPECIAL EVENT REQUEST SUBMITTED BY
SHARON MORGAN FOR THE CHAMBER OF COMMERCE'S "FAMILY FEST" AND BY BILL
BEAMISH FOR THE "SOAP BOX DERBY". THE MULTI-ACTIVITY CHAMBER EVENT IS
SCHEDULED FOR FRIDAY,SATURDAY AND SUNDAY,APRIL 4TH,5TH AND 6TH,1997. THE SOAP
BOX DERBY IS FOR SATURDAY ONLY. STREET CLOSURE WILL BE REQUIRED ON PALISADES
FROM SAGUARO TO LA MONTANA ON SATURDAY FOR THE DERBY. PARKVIEW FROM LA
MONTANA TO THE EASTERN-MOST DRIVEWAY OF FOUNTAIN BOWL WILL BE CLOSED ALL
THREE DAYS.
AGENDA ITEM#5-CONSIDERATION OF RENEWING THE INTERGOVERNMENTAL AGREEMENT
WITH MARICOPA COUNTY FOR ELECTION SUPPORT SERVICES.
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1997-07, AUTHORIZING, PURSUANT TO
A.R.S. 28-8103, THE USE OF UP TO TEN (10) PERCENT OF MONIES RECEIVED BY THE TOWN
FROM THE LOCAL TRANSPORTATION ASSISTANCE FUND FOR CULTURAL, EDUCATIONAL,
HISTORICAL, RECREATIONAL OR SCIENTIFIC FACILITIES OR PROGRAMS, PROVIDING THAT
SAID FUNDS ARE MATCHED EQUALLY BY NON-PUBLIC MONIES UNDER TERMS AND
CONDITIONS SET FORTH IN THE STATUTE.
AGENDA ITEM #7 - CONSIDERATION OF APPROVING THE DESIGN REVIEW CONTRACT WITH
WILLDAN AND ASSOCIATES.
AGENDA ITEM #8 - CONSIDERATION OF A PRELIMINARY PLAT FOR LA PLACITA
CONDOMINIUMS,LOCATED AT 16811 E. EL LAGO BLVD.,AKA PLAT 207,BLOCK 2,LOT 6,CASE
#S97-010.
AGENDA ITEM #9 - CONSIDERATION OF A PRELIMINARY PLAT FOR ASHBROOK PLACE
CONDOMINIUMS,LOCATED AT 16655 E.ASHBROOK DR.,AKA PLAT 111,BLOCK 7,LOT 13,CASE
#S97-011.
Li,. Minutes of the Regular Session of the Town Council 03/06/97
Page 1 of 6
AGENDA ITEM#10 - CONSIDERATION OF A PRELIMINARY PLAT FOR 246-247 CONDOMINIUMS,
LOCATED AT 16626 E. ASHBROOK DR., AKA PLAT 104, BLOCK 1, LOT 18, CASE #S97-012.
AGENDA ITEM#11 - CONSIDERATION OF A PRELIMINARY PLAT FOR 250-251 CONDOMINIUMS,
LOCATED AT 15038 ESCONDIDO DR., AKA PLAT 105, BLOCK 2, LOT 3, CASE #S97-013.
AGENDA ITEM#12 - CONSIDERATION OF A PRELIMINARY PLAT FOR 256-257 CONDOMINIUMS,
LOCATED AT 14218 SAGUARO BLVD., AKA PLAT 104, BLOCK 15, LOT 18, CASE #S97-014.
AGENDA ITEM#13 - CONSIDERATION OF A PRELIMINARY PLAT FOR 258-259 CONDOMINIUMS,
LOCATED AT 14216 SAGUARO BLVD., AKA PLAT 104, BLOCK 15, LOT 19, CASE #S97-015.
AGENDA ITEM #14 - CONSIDERATION OF A PRELIMINARY PLAT FOR CASA LADERA
CONDOMINIUMS AND LOT JOIN,LOCATED AT 16033& 16041 E.PRIMROSE DR.,AKA PLAT 601-A,
BLOCK 1, LOT 47 & 48, CASE #S97-016.
AGENDA ITEM #15 - CONSIDERATION OF RESOLUTION 1997-08, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE NORTHERLY AND EASTERLY PROPERTY LINES OF LOT 14A,BLOCK
1, PLAT 207 (16616 E. GUNSIGHT DRIVE), AS RECORDED IN BOOK 147, PAGE 6, RECORDS OF
MARICOPA COUNTY,ARIZONA,EXCEPT FOR THE SOUTHERLY 20' OF THE EASTERLY PUBLIC
UTILITY EASEMENT WHICH WILL BE RETAINED FOR EXISTING ELECTRICAL FACILITIES.
(FOUR PEAKS AZ - EA97-05)
AGENDA ITEM #16 - CONSIDERATION OF THE TEMPORARY EXTENSION OF PREMISE/PATIO
PERMIT REQUESTED BY ROSEMARY BARRINGER OF THE SILVER STEIN,LOCATED AT 17030 E.
ENTERPRISE DRIVE, FOR MONDAY, MARCH 17, 1997.
irso Councilman Poma asked to remove Agenda Item#3 from the Consent Agenda for further discussion. Councilwoman
Wiggishoff MOVED to approve the Consent Agenda as read excepting Agenda item #3. Councilman Apps
SECONDED the motion. A roll call vote was taken with the following results:
Councilman Lawrence Aye
Councilman Poma Aye
Councilwoman Wiggishoff Aye
Councilman Apps Aye
Mayor Miles Aye
The motion CARRIED.
AGENDA ITEM #3 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY
MARVIN HAMANN FOR BIG DADDY'S PIZZA LOCATED AT 16720 EAST AVENUE OF THE
FOUNTAINS. APPROVAL OF THE REQUEST WOULD TRANSFER THE EXISTING LICENSE
CURRENTLY ISSUED TO SYLVIA URBON TO MR. HAMANN.
Councilman Poma MOVED to continue consideration of the liquor license application for Big Daddy's to enable
the applicant to procure a current Arizona driver's license. Councilman Lawrence SECONDED the motion which
CARRIED with a 4-1 roll call vote. Councilwoman Wiggishoff cast the nay vote.
Minutes of the Regular Session of the Town Council 03/06/97
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AGENDA ITEM #17 - CONSIDERATION OF APPOINTING A CITIZEN TO FILL THE VACANCY ON
THE PARKS AND RECREATION COMMISSION.
Councilman Lawrence MOVED to appoint Joe Polese to the Parks and Recreation Commission for the remainder
of the term of Larry Soelig which expires in January, 1999. Councilman Poma SECONDED the motion which
CARRIED unanimously.
AGENDA ITEM #18 - DISCUSSION OF THE BLUE WATER PROBLEM BEING EXPERIENCED BY
HERB HELGESON AND OTHER RESIDENTS OF PUERTO DEL LAGO.
Councilman Apps read a letter from Michael Nuessle, President of New American Homes which informed the
homeowners of Puerto Del Lago of a March 19, 1997 meeting for discussion of complaints relative to water
conditions. Councilman Apps MOVED to continue discussion for two weeks to allow homeowners to meet with
New American Homes. Councilman Poma SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#19 - CONSIDERATION OF ESTABLISHING AN ORDINANCE DEALING WITH THE
PROLIFERATION OF FALSE ALARMS ATTRIBUTED TO BURGLAR ALARMS.
Assistant Attorney Andrew McGuire stated that due to a high number of reported false alarms, his office had been
asked to draft an ordinance to regulate and set penalties for false burglar alarms for homeowners as well as licensing
provisions for alarm companies. He said he had drafted an ordinance similar to Scottsdale's for the Council's
review. Lieutenant Gregory, Maricopa County Sheriff's Office, stated there were 1019 burglar alarm calls in 1996,
2 of which were actual burglar incidents. He said in January there were 82 alarms,all of which were false. He said
law enforcement officers were taken away from their regular duties during time-consuming false alarm calls. He
supported an ordinance which would possibly reduce the number of false alarm calls. Marshal Steve Gendler pointed
out 23 other jurisdictions currently had ordinances governing false alarm calls.
Mayor Miles submitted the licensing of homeowners with burglar alarms was not practical. Councilman Apps said
he had concerns about power failures causing alarms to be activated. Vice Mayor O'Brien suggested requirements
for licensees could be revised to omit fingerprinting and background checks.
Bruce Hansen stated that companies performing burglar alarm installations were required to have an L-67 state
contractor's license. He said testing and bond posting were required also. Mr.McGuire said the background checks
were to insure companies which provided alarm installation did not have a criminal status. Vice Mayor O'Brien
asked about the liability to the town when background checks failed to detect criminal records.
Mr. McGuire was directed to proceed with the ordinance and return it to the Council for review and/or approval in
two weeks or one month's time.
AGENDA ITEM #20 - CONSIDERATION OF EXTENDING THE SPECIAL USE PERMIT FOR THE 36
UNIT HOTEL/MOTEL AT THE COPPERWYND DEVELOPMENT.
Director of Community Development Gary Jeppson explained that the present special use permit expired April 4,
1997 and that the extension of the special use permit for a six month period was requested to enable the applicant
to prepare building plans and complete the road system negotiations concerning access. Mr. Jeppson stated a
building permit would not be issued until the road system matters were resolved.
Minutes of the Regular Session of the Town Council 03/06/97
Page 3 of 6
Geoffrey Becker-Jones, the applicant for the project, predicted ground breaking was planned for mid-May and that
negotiations were being completed with Scottsdale.
Councilman Lawrence MOVED to grant an extension to Copperwynd Development, Case No. SU96-05.
Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#21 -PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON ORDINANCE 97-09,
REZONING 0.2142 ACRES LOCATED IN TRACT"C-3"ABUTTING THE NORTHWESTERN PORTION
OF EAGLE MOUNTAIN PARCEL 12 FROM OPEN SPACE RECREATIONAL("OSR")TO THE"R1-8A"
ZONING DISTRICT, CASE NUMBER Z97-02.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 6:55 p.m.
Mr. Jeppson stated the rezoning of approximately two-tenths of an acre presently located in the golf course fringe
area to "R1-8A" would increase the size of three lots in Parcel 12 of Eagle Mountain. He said this area had been
graded during the period when the golf course was constructed. He pointed out the Planning&Zoning Commission
had unanimously recommended approval. Councilman Apps asked if this rezoning request was the result of an error
in disturbing a particular area that shouldn't have been disturbed. Mr. Jeppson assured Councilman Apps that the
area in question was originally part of the golf course lands.
Mike Lenata, the developer representing Eagle Mountain, told the Council the request was applied for on behalf of
Monterey Homes. He said after the golf course was completed, the surplus acreage would increase the size of three
lots with a total of approximately 9000 square feet and would ultimately create a better mountain view for the lots.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:04 p.m.
AGENDA ITEM#22-CONSIDERATION OF ORDINANCE 97-09,REZONING 0.2142 ACRES LOCATED
IN TRACT "C-3" ABUTTING THE NORTHWESTERN PORTION OF EAGLE MOUNTAIN PARCEL 12
FROM OPEN SPACE RECREATIONAL("OSR")TO THE"R1-8A"ZONING DISTRICT,CASE NUMBER
Z97-02.
Councilwoman Wiggishoff MOVED to approve Ordinance 97-09. Councilman Lawrence SECONDED the motion
which CARRIED with a 5-1 vote. Vice Mayor O'Brien cast the nay vote.
AGENDA ITEM#23-CONSIDERATION OF A REPLAT OF LOTS 6,7,AND 8 OF EAGLE MOUNTAIN
PARCEL 12 TO EXTEND THE REAR LOT LINES, CASE NUMBER S97-007.
Councilman Lawrence MOVED to approve the replat of Lots 6,7,and 8 of Eagle Mountain Parcel 12,Case Number
S97-007 as presented. Councilwoman Wiggishoff SECONDED the motion which CARRIED with a 4-2 roll call
vote. Councilman Poma and Vice Mayor O'Brien cast the nay votes.
AGENDA ITEM#24 - 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
Law Minutes of the Regular Session of the Town Council 03/06/97
Page 4 of 6
ARIZONA OPEN MEETING LAW.)
No one came forward to speak from the public.
AGENDA ITEM #25 - PURSUANT TO A.R.S. 38-431.03.A.7.; A.R.S. 38-431.03.A.3.; AND A.R.S. 38-
431.03.A.1;VOTE TO GO INTO EXECUTIVE SESSION FOR:DISCUSSION OR CONSULTATION WITH
DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION
AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE OR
LEASE OF REAL PROPERTY;FOR DISCUSSIONS OR CONSULTATION FOR LEGAL ADVICE WITH
THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; AND FOR DISCUSSION OR
CONSIDERATION OF EMPLOYMENT,ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION,
DISMISSAL,SALARIES,DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER,APPOINTEE OR
EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT WITH THE EXCEPTION OF SALARY
DISCUSSIONS,AN OFFICER,APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH DISCUSSION
OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY MUST PROVIDE THE
OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL NOTICE OF THE EXECUTIVE
SESSION AS IS APPROPRIATE BUT NOT 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 Lawrence MOVED to go into Executive Session. Councilman Poma SECONDED the motion which
CARRIED unanimously. Mayor Miles recessed the Regular Session at 7:06 p.m.
AGENDA ITEM #26 - RETURN TO REGULAR SESSION.
Mayor Miles reconvened the Regular Session of the Town Council at 8:16 p.m.
AGENDA ITEM #27 - ADJOURNMENT.
Councilman Poma MOVED to adjourn the meeting. Councilman Lawrence SECONDED the motion which
CARRIED unanimously. Mayor Miles adjourned the meeting at 8:16 p.m.
Minutes of the Regular Session of the Town Council 03/06/97
Page 5 of 6
TOWN OF FOUNTAIN HILLS
L
By: / ��
Jerry ;les, yor
A!"TEST: C.1144:-4
Cassie B. Hansen, Town Clerk
PREPARED BY: 2 Mors-locs—,11J
Linda D. Lemm n, 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 6th day of March, 1997. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 20th day of March, 1997.
atiA4A:4
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 03/06/97
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