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HomeMy WebLinkAbout1997.0501.TCRM.Minutes TOWN OF FOUNTAIN HILLS Cev MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 1, 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, May 1, 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 Derrick Underwood and Chase Hanna of Pack 8, Den 243 and the invocation by Councilman Poma, 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 Planners Jeff Valder and 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 APRIL 15TH AND 17TH, 1997. AGENDA ITEM #3 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY MICHAEL YELNER FOR VOLARES RISTORANTE & PIZZERIA LOCATED AT 11865 NORTH SAGUARO BOULEVARD. THE APPLICATION IS FOR A NEW CLASS 12 (RESTAURANT) LICENSE FOR THE NEW OWNERS OF VOLARE'S. AGENDA ITEM#4-CONSIDERATION OF RESOLUTION 1997-19,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE EASTERLY PROPERTY LINE OF LOT 24,BLOCK 3,PLAT 601A(12811 N. MIMOSA DRIVE), AS RECORDED IN BOOK 161, PAGE 44, RECORDS OF MARICOPA COUNTY, ARIZONA. (FLUG - EA97-09) AGENDA ITEM#5 -CONSIDERATION OF A PRELIMINARY PLAT FOR "PROPERTIES OF PACIFIC SOUTHWEST CONDOMINIUMS UNIT VI",A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 16635 FAIRFAX DRIVE, AKA LOT 5, BLOCK 9, FINAL PLAT 104, CASE #S97-023. AGENDA ITEM#6-CONSIDERATION OF A PRELIMINARY PLAT FOR "PROPERTIES OF PACIFIC SOUTHWEST CONDOMINIUMS UNIT VII",A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 17012 E. SALIDA DRIVE, AKA LOT 15, BLOCK 3, FINAL PLAT 201, CASE #S97-024. AGENDA ITEM#7-CONSIDERATION OF A PRELIMINARY PLAT FOR "PROPERTIES OF PACIFIC SOUTHWEST CONDOMINIUMS UNIT XI", A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 14015 E. SHEFFIELD COURT, AKA LOT 27, BLOCK 5, FINAL PLAT 104, CASE #S97-025. Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Lawrence SECONDED the motion. A roll call vote was taken with the following results: L Minutes of the Regular Session of the Town Council 5/1/97 Page 1 of 9 Councilman Apps Aye ttbr Councilman Lawrence Aye Councilman Mower Aye Vice Mayor O'Brien Aye Councilman Poma Aye Councilwoman Wiggishoff Aye Mayor Miles Aye The motion CARRIED. AGENDA ITEM#8-CONSIDERATION OF RESOLUTION 1997-18,ACCEPTING THE REPORT OF THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION REGARDING THE STEPS NECESSARY TO PRESERVE PORTIONS OF THE MCDOWELL MOUNTAINS WITHIN THE TOWN OF FOUNTAIN HILLS; EXPRESSING COMMENDATION AND GRATITUDE THEREFORE; AUTHORIZING THE CONTINUANCE OF THE COMMISSION;DECLARING THE TOWN'S INTENTION TO PURSUE MANY OF THE RECOMMENDATIONS THEREIN; AND DIRECTING THE COMMISSION TO CONTINUE WITH PUBLIC EDUCATION AND RESEARCH REGARDING THE ESTABLISHMENT OF A LAND TRUST OR ENDOWMENT FUND. Jim Carroll, a member of the McDowell Mountain Preservation Commission, addressed the Council and displayed a map overhead which depicted the areas of elevation between 2240' and 2500' where development could occur. He said the intent of preservation was to maintain the views and preserve the routes for wildlife and their habitat. He also showed the updated version of a video tape produced by Axtel Computer Graphics which exposed the views from three different locations and superimposed housing developments at those locations. He stated this video would aid the Commission to continue their educational efforts and that a model was being constructed by Ken Breting which would reveal the layout of the McDowell Mountains. Loras Rauch, also a member of the MMPC, urged the Council to approve the resolution and thanked the Council for their recognition of the efforts of the Commission to date. Councilman Mower MOVED to approve Resolution 1997-18. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. Jack Fraser, President of the McDowell Park Association, asked to speak to the Council. He said he was pleased with the MMPC's recommendations contained in the report presented to the Council but said he was concerned that the principal recommendation of the Commission related to the establishment of a McDowell Mountain Preserve was not included in the resolution. He compared Scottsdale's progression with the establishment of the Sonoran Preserve and commented that it had helped the City of Scottsdale save the land within the borders of that Preserve from development. He said he thought it was important to set up a preserve to enable the citizens of Fountain Hills to continue with their goals to save the McDowell Mountains within Fountain Hills from development. He said he was concerned that without an established preserve,the Town might go another two years before anything significant was accomplished. He urged the Council to adopt a preserve with set boundaries in the Town as a tangible objective for preservation achievement. Mayor Miles stated the Council had not discussed the recommendations thoroughly enough and said he intended to study the legal implications of establishing a preserve. Mr. Fraser suggested that the Council review the recommendations and revisit them on a future agenda. Mayor Miles said a work/study session would be scheduled in the next two to three weeks. L Minutes of the Regular Session of the Town Council 5/1/97 Page 2 of 9 AGENDA ITEM#9-CONSIDERATION OF A SAGUARO BOULEVARD BEAUTIFICATION/CLEAN-UP Lir CAMPAIGN TO BE ESTABLISHED IN COOPERATION WITH THE ADOPT-A-STREET PROGRAM. Mayor Miles expressed concerns regarding work that needed to be done along Saguaro Boulevard including weed control in the medians and right-of-ways,replacement of rusted street signs and other areas that needed improvement. Tom Ward, the Town's interim Public Works Supervisor, detailed an action plan with both a short term and long term plan. He said coordination of Adopt-A-Street volunteers,homeowners' associations,and the setup of an annual clean-up day along with the assistance of the Marshal's Department in checking code violations was part of the plan. He stated the Street Department would assist in replacement of rusted street signs, and help clean the brush along Saguaro Boulevard as part of the short-term plan. The long term plan would re-address ordinances related to vehicles parked in front yards and revise ordinances to tighten sign codes and establish no parking zones. Also additional funding would be requested for landscape upgrades in the medians. Councilman Mower said as the Council's liaison to the Adopt-A-Street program,he was sending a letter to volunteers to advise them of the beautification project of Saguaro Boulevard. He also stated the MCSO had indicated their intent to adopt a portion of Saguaro Boulevard and that Maricopa County prisoners serving on the chain gang would assist in litter pickup. Councilman Lawrence MOVED to approve the Saguaro Boulevard beautification project as presented. Councilman mower SECONDED the motion which CARRIED unanimously. AGENDA ITEM #10 - CONSIDERATION OF THE WORK BY THE COUNCIL-APPOINTED, LAW ENFORCEMENT SUBCOMMITTEE INCLUDING A DISCUSSION OF THE PUBLIC'S ABILITY TO PROVIDE INPUT INTO THE PROCESS. thlw Councilman Apps said he had been concerned that the public had not had an adequate opportunity for input at the sub-committee meetings. He suggested some meetings be held in the evening to enable the public to attend. Also the posting of sub-committee agendas, which was done within 24-hour legal limits, be changed to 72 hours or one week in advance of meetings. Councilman Lawrence agreed that more advance notice was needed to inform the public of meeting agendas and suggested the local paper advertise these meetings as well as using Channel 11. He stated that since the sub-committee had now been reviewing the contract with the MCSO as a new issue and that citizen input was important, more notice was necessary. AGENDA ITEM #11 - CONSIDERATION OF ACCEPTING MAINTENANCE AND FINANCIAL RESPONSIBILITY FOR THE MEDIANS AND LIGHTS IN LAKESIDE VILLAGE. Councilwoman Wiggishoff said the Council had been approached by the Lakeside Village Homeowners' Association requesting that the Town take over financial responsibility for the medians and 25 street lights around Fountain Park as well as along Panorama Drive to Colony Drive. She referred to the Town's "dark sky policy" where the Town had declared that no funds would be spent on street lights to insure darkness in the community at night. She said the median takeover by the Town would not set a precedent for median takeover for new subdivisions as the medians in this area were not part of a direct entrance to any subdivision, but were located in areas directly adjacent to a major public park used by the entire community on a through street. She said the Lakeside Village Homeowners' Association would still be responsible for the maintenance of the entryways into the subdivisions and that the Association had assumed the financial responsibility beyond a reasonable expectation for some time. She stated that since the Town had agreed to accept maintenance of other roadways and medians located in other subdivisions, that it was only fair to accept the medians located adjacent to Fountain Park as well as the medians on through streets such as Panorama Drive. L Minutes of the Regular Session of the Town Council 5/1/97 Page 3 of 9 Councilwoman Wiggishoff MOVED to assume the maintenance and financial responsibility for the medians adjacent to Fountain Park as well as the extension of Panorama Drive to Colony Drive. Councilman Mower SECONDED the motion. Councilman Apps said he preferred to assume only the medians adjacent to Fountain Park since the beautification project for Saguaro Boulevard could be extended to other through streets and MOVED to amend the motion to delete the acceptance of the medians at the extension of Panorama Drive to Colony Drive at this time. There was no second to the motion, the amendment DIED. Councilman Lawrence agreed that a small minority of citizens should not be charged with the financial responsibility of medians used by the entire public. He asked about the locations of the street lights. Councilwoman Wiggishoff said the lights were not located in the medians but were along the right-of-ways and were leased from Salt River Project with electrical expenses of$577.00 per month. Councilman Lawrence said he was concerned with the safety of families, senior citizens and visitors using Fountain Park and that the responsibility of taking over the lights was the same as taking over the medians. He MOVED to amend the motion to include the Town's assumption of the expense of the street lights. There was no second to the amendment, the amendment DIED. Mayor Miles said he preferred to view the lighting situation around Fountain Park at night and that possibly this matter would appear on a future Council agenda. Alex Klokner asked about the maintenance of street light poles. Councilwoman Wiggishoff said the financial responsibility and maintenance would apply to paying the electric bill for the lights. Bill Wadsworth, the President of Mirage Heights HOA, said he represented the Lakeside Village HOA and encouraged the Council to accept the responsibility of median strip maintenance and ownership. Scott Pickering confirmed that the annual cost of these medians to the Town would be $10,000. The motion CARRIED with a 6-1 vote. Councilman Apps cast the nay vote. L AGENDA ITEM #12 - DISCUSSION OF FOUNTAIN HILLS SADDLE CLUB RELOCATION. Councilman Apps said he had been approached by members of the Saddle Club who were interested in discussing relocation issues. Neal Taylor, representing the Fountain Hills Saddle Club, stated the Club had been part of the community since 1975 and had been in its present location since 1992. He said petitions with 500 signatures supported the present location of the Club and that the Club had not found an acceptable alternate site. He suggested that MCO Properties be given additional considerations regarding hillside protection easements in exchange for donation of lands to the Saddle Club who would develop a trailhead for community usage. He asked the Council to consider his suggestion and organize a coordinated meeting to discuss these issues. Mayor Miles asked if the Saddle Club had inquired about the price of the present location. Mr. Taylor said they had not been given a sale price but expected the price would be cost prohibitive. AGENDA ITEM #13 - CONSIDERATION OF ORDINANCE 97-07, AMENDING THE TOWN CODE BY ADDING A DEFINITION OF "URGENT NECESSITY" AND BY ADDING PENALTIES FOR FAILING TO IMMEDIATELY RESTORE THE ROAD SURFACE AND FOR EMERGENCY EXCAVATION OF NEWLY CONSTRUCTED OR RESURFACED STREETS. Town Manager Paul Nordin stated that meetings with utility companies had been completed in an attempt to negotiate reasonable repair time guidelines for street surfaces. Mayor Miles asked why there was the change in the ordinance which changed the water leakage repair time from three days to five days. Mr. Nordin said that issue had [ been discussed and that the five day requirement was written similar to Blue Stake standards unless there was an 1/4rr Minutes of the Regular Session of the Town Council 5/1/97 Page 4 of 9 extreme emergency. He said sometimes when water leaks were located next to electric lines more time would be required to complete repairs. He further stated that the five day timeline would start when leakage problems were discovered. Councilman Lawrence MOVED to approve Ordinance 97-07 as presented. Councilwoman Wiggishoff SECONDED the motion. Councilman Mower asked for explanations for increasing other time allowances. Town Engineer Randy Harrel stated that modification in time allowances had been negotiated at the request of the utility companies as a reasonable compromise between what staff had proposed in earlier discussions. Councilman Lawrence said he was satisfied after having read the staff report that the changes made to the ordinance were justified. Councilman Poma asked why there were no penalties included in Ordinance 97-07. Mr.Harrel stated that uncompleted work could result with the utility companies being charged with repairs done by the Town and permits could be revoked. Councilman Poma insisted that fines should be included in the ordinance. Town Attorney Bill Farrell agreed that provisions for fines could be included if the Council requested them. Councilman Poma MOVED to table discussion on Ordinance 97-07 to enable staff time to work on providing criminal sanctions in the ordinance. Councilman Apps SECONDED the motion. The motion to table CARRIED with a 4-3 roll call vote. Vice Mayor O'Brien, Councilwoman Wiggishoff and Mayor Miles cast the nay votes. AGENDA ITEM #14 - CONSIDERATION OF AUTHORIZING THE TOWN MANAGER TO HIRE AN EXPERT WITNESS TO REPRESENT THE TOWN IN THE NEXT WATER RATE INCREASE CASE FILED BY CHAPARRAL CITY WATER COMPANY. Town Manager Nordin explained that the timing of this agenda item was important to recognize to ensure that the Town would have proper representation to protest a future water rate increase case. He asked the Council to approve the hiring of an expert witness that would become join the administrative team. He stated the initial fee would not exceed $8,000 but that no funds would be spent at the present time. Councilman Lawrence MOVED to authorize the hiring of an expert witness to represent the Town as outlined by the Town Manager. Councilman Poma SECONDED the motion which CARRIED unanimously. AGENDA ITEM #15 - DESIGNATION OF ARCHITECT FOR DESIGN OF THE TOWN OF FOUNTAIN HILLS COMMUNITY CENTER. Councilman Lawrence said out of 13 original applicants five applicants were now reduced to two that were being considered for the architect for the new Community Center. He said a report would be issued to the Council upon completion of all interviews. AGENDA ITEM #16 - CONSIDERATION OF A PRELIMINARY PLAT FOR "VISTA MONTANA CASITAS CONDOMINIUMS", A SIXTEEN UNIT CONDOMINIUM PROJECT LOCATED AT 16362 & 16400 ARROW DRIVE,AKA LOT 1, BLOCK 7,AND LOT 12,BLOCK 8,FINAL PLAT 111, CASE#S97- 022. Mayor Miles said he was concerned about the Council's ability to approve or disapprove apartment projects prior to their construction. He asked Town Attorney Farrell what could be done in this instance. Mr. Farrell said that L Minutes of the Regular Session of the Town Council 5/1/97 Page 5 of 9 apartment complexes were a permitted use and would not result in ownership transfers, no approval was needed, but condominiums were regulated under the Subdivision Ordinance because of the transfer of ownership. He suggested asking modification of multi-family zoning designations to require a plan of development prior to construction. Mayor Miles said he felt there was no legal way to disapprove projects that were already completed. Councilman Poma MOVED to approve the Preliminary Plat for Vista Montana Casitas Condominiums. Councilman Lawrence SECONDED the motion which CARRIED with a 5-2 vote. Mayor Miles and Councilman Mower cast the nay votes. AGENDA ITEM #17 - CONSIDERATION OF A PRELIMINARY PLAT FOR "SUNCREST VILLAS CONDOMINIUMS" A TWELVE UNIT CONDOMINIUM PROJECT LOCATED AT 11880 N.SAGUARO, AKA LOT 5A, BLOCK 2, FINAL PLAT 201, CASE #S97-026. Councilman Lawrence MOVED to approve the Preliminary Plat for Suncrest Villas Condominiums. Councilman Poma SECONDED the motion which CARRIED with a 5-2 vote. Mayor Miles and Councilman Mower cast the nay votes. AGENDA ITEM #18 - CONSIDERATION OF THE PRELIMINARY PLAT FOR EAGLE MOUNTAIN PARCEL #4, A 37 LOT SINGLE-FAMILY SUBDIVISION ON 25.82 ACRES LOCATED IN THE SOUTHWEST CORNER OF SECTION 29; ZONED R1-8A. Director of Community Development Gary Jeppson pointed out the location of Parcel#4 on an overhead map. He explained that the applicant requested permission for a limited collector of roads with a specialized design. Since Parcel #4 was platted prior to the adoption of the Subdivision Ordinance's guidelines for cul-de-sacs, the applicant requested a hammerhead location consistent with the allowable use discussed in the Development agreement. He said the Planning & Zoning Commission recommended approval of the preliminary plat for Parcel #4 with the removal of the hammerhead location and the extension of the street up to Lots 12 and 13. Councilwoman Wiggishoff stated she thought there would be more disturbance if the extension was required rather than just to allow the hammerhead location. Mayor Miles suggested that Lot#12 could be eliminated. Mr. Jeppson stated that the P&Z Commission's recommendations were based largely upon the requirements and statements from the Fountain Hills Fire District. He said the Fire District required a cul-de-sac turnaround area rather than a hammerhead location for safety reasons because of the narrow driveway at Lot 12.. Councilman Lawrence stated the developer could be given an option either to eliminate Lot 12 or install the cul-de-sac as required by the Fire District. He said he was concerned about the Town's future liability since the Fire Marshal had indicated a cul-de-sac was needed at that location. Councilman Lawrence MOVED to approve the Preliminary Plat for Eagle Mountain Parcel #4 as presented. Councilman Apps SECONDED the motion. Councilman Lawrence MOVED to amend the motion whereon the cul-de-sac issue the developer should be given the option of either eliminating Lot 12 or extending Crimson Canyon Drive with a cul-de-sac as recommended by staff. Councilman Apps SECONDED the amendment. Steve Pritulsky, Eagle Mountain Investors, stated he understood that the hammerhead location would be eliminated but that between the Preliminary Plat approval and Final Plat approval, other options might be explored to limit hillside disturbance. He pointed out an option that would allow a one-way loop road or construction of a partial cul- de-sac one-third up the driveway of Lot 12. Lir Minutes of the Regular Session of the Town Council 5/1/97 Page 6 of 9 Vice Mayor O'Brien MOVED to table discussion on this matter until the next Council meeting to allow for the Fire Marshal's input. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM#19 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION TO REZONE 4.084t ACRES OF LAND WITHIN PARCEL "L" OF THE SUNRIDGE CANYON DEVELOPMENT FROM"R1-6A"TO THE"OSR"ZONING DISTRICT,.465±ACRES OF LAND WITHIN PARCEL "L" FROM "OSR" TO "R1-6A PUD", AND 9.7561t ACRES OF LAND WITHIN PARCEL "L" FROM "R1-6A" TO "R1-6A PUD", CASE NUMBER Z97-04. AGENDA ITEM#20 - CONSIDERATION OF ORDINANCE 97-14,REZONING 4.084t ACRES OF LAND WITHIN PARCEL"L"OF THE SUNRIDGE CANYON DEVELOPMENT FROM"R1-6A"TO THE"OSR" ZONING DISTRICT, .465t ACRES OF LAND WITHIN PARCEL "L" FROM "OSR" TO "R1-6A PUD", AND 9.7561t ACRES OF LAND WITHIN PARCEL "L" FROM "R1-6A" TO "R1-6A PUD", CASE NUMBER Z97-04. AGENDA ITEM#21-CONSIDERATION OF THE USE AND ALIGNMENT OF A LIMITED COLLECTOR ROADWAY FOR USE IN THE PROPOSED SUNRIDGE CANYON PARCEL "L" SUBDIVISION. AGENDA ITEM #22 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE SUNRIDGE CANYON PARCEL "L" SUBDIVISION, A 30.2372 ACRE, 32-LOT SUBDIVISION PROPOSED TO BE LOCATED NORTHWEST OF THE INTERSECTION OF SUNRIDGE DRIVE AND DESERT CANYON DRIVE, CASE NUMBER S96-049. Agenda Item #19, #20, #21 and #22 were not acted upon because the applicant withdrew his application. AGENDA ITEM#23 -PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON ORDINANCE 97-16, A PROPOSAL TO AMEND THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ADD CHAPTER 16 "LODGING ZONING DISTRICTS" TO ADD THE "L-1", "L-2" AND "L-3" ZONING DISTRICTS, IN ADDITION TO COMPANION AMENDMENTS TO CHAPTERS 3 AND 6 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CASE NUMBER Z97-06. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:12 p.m. Planner Jeff Valder said this amendment of the Zoning Ordinance would create zoning districts for lodging purposes for future developments of hotels and motels. Mr. Jeppson said the Copperwynd project was an area where an "L" zone was needed due to the nature of the development. No one came forward to speak from the public. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:16 p.m. AGENDA ITEM #24 - CONSIDERATION OF ORDINANCE 97-16, A PROPOSAL TO AMEND THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ADD CHAPTER 16 "LODGING ZONING DISTRICTS" TO ADD THE "L-1", "L-2" AND "L-3" ZONING DISTRICTS,IN ADDITION TO COMPANION AMENDMENTS TO CHAPTERS 3 AND 6 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CASE NUMBER Z97-06. Minutes of the Regular Session of the Town Council 5/1/97 Page 7 of 9 Councilwoman Wiggishoff MOVED to approve Ordinance 97-16 as presented. Councilman Mower SECONDED the motion which CARRIED unanimously. AGENDA ITEM #25 - PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 11, MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS, SECTION 11.10, THAT IF ADOPTED WILL INCREASE THE MINIMUM LOT SIZE AND LOT WIDTHS FOR THE R-2, R-3, R-4, AND R-5 ZONING DISTRICTS. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:18 p.m. Mr. Jeppson described the increases in square footage for lots in R-2, R-3, R-4 and R-5 zoning districts and lot widths. He stated this would result in multi-family projects being constructed on larger lots. He stated platted lots would be permitted to be non-conforming lots. He said the density of multi-family projects would not be changed and that approximately 160 acres would be affected by this amendment. Vice Mayor O'Brien opposed the amendment and suggested that the R-4 and R-5 zoning districts be eliminated. Mr. Jeppson said the P&Z Commission had initiated the amendment and recommended approval. Bruce Hansen, a member of the P&Z Commission, spoke in favor of the amendment. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:18 p.m. AGENDA ITEM #26 - CONSIDERATION OF ORDINANCE #97-17, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 11, MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS,SECTION 11.10,TO INCREASE THE MINIMUM LOT SIZE AND LOT WIDTHS FOR THE R-2, R-3, R-4, AND R-5 ZONING DISTRICTS. Since there was no motion to approve Ordinance 97-17, the Ordinance DIED. AGENDA ITEM #27 - CONSIDERATION OF THE FOUNTAIN HILLS ARTS COUNCIL RECOMMENDATION FOR THE DESIGN OF THE PROPOSED PERMANENT OFF-PREMISE DIRECTIONAL SIGNS. Vice Mayor O'Brien MOVED to throw out all design recommendations and establish a sub-committee to study off- premise sign designs. Councilwoman Wiggishoff SECONDED the motion. Councilwoman Wiggishoff expressed concern about the financial aspect of the off-premise signs. She said signs should be simple in nature and visually desirable. Mayor Miles suggested Vice Mayor O'Brien and Councilwoman Wiggishoff meet with staff and return with recommendations for sign plans. Councilman Lawrence pointed out that the developer for Sunridge Canyon had agreed to pay for off-premise signs but that the Council had rejected the proposal. Councilwoman Wiggishoff stated she thought the Council had rejected the proposal because the Council felt the need to control the content of the non-commercial signs. Councilman Apps supported a sub-committee approach. Vice Mayor O'Brien withdrew his motion and Councilwoman Wiggishoff withdrew the second to the motion. Vice Mayor O'Brien then MOVED to appoint a sub-committee to work with staff. Councilwoman Wiggishoff SECONDED the motion which CARRIED with a 6-1 vote. Councilman Lawrence cast the nay vote. L Minutes of the Regular Session of the Town Council 5/1/97 Page 8 of 9 AGENDA ITEM #28 - 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 to speak from the public. AGENDA ITEM #29 - ADJOURNMENT. Councilman Mower MOVED to adjourn. Councilman Apps SECONDED the motion which CARRIED unanimously. The meeting adjourned at 8:33 p.m. TOWN OF FOUNTAIN HILLS By: Jerry iles, yor A FI'hST: 304-4:t 43 4.4., 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 1st day of May, 1997. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of May, 1997. (14444‘-4-- )3 L-41,4—) Cassie B. Hansen, Town Clerk Lar Minutes of the Regular Session of the Town Council 5/1/97 Page 9 of 9