HomeMy WebLinkAbout1997.0515.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MAY 15, 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 15, 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 led by Ryan Clarke from Wolf Den II and the invocation given
by Pastor Scott Von Lanken from the First Assembly of God Church, 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, Assiatant Town Attorney Andrew McGuire, Town Clerk
Cassie Hansen,Director of Community Development Gary Jeppson,Town Engineer Randy Harrel,Director of Parks
& Recreation Robin Goodman 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 APRIL 29TH
AND MAY 1ST, 1997.
AGENDA ITEM #3 - CONSIDERATION OF THE APPLICATION FOR SPECIAL EVENT LIQUOR
LICENSE SUBMITTED BY BRUCE CONKLIN FOR THE AMERICAN LEGION POST 58 LOCATED AT
16850 EAST AVENUE OF THE FOUNTAINS. THE AMERICAN LEGION DESIRES TO HAVE A
SCHOLARSHIP FUND RAISING EVENT ON SATURDAY,MAY 24,1997 FROM 6:00 A.M.TO 10:00 P.M.
UTILIZING THEIR BUILDING, THE ADJACENT COURTYARD, AND AN ENCLOSED AREA
IMMEDIATELY BEHIND THEIR BUILDING.
AGENDA ITEM#4-CONSIDERATION OF THE APPLICATION FOR EXTENSION OF PREMISE/PATIO
PERMIT SUBMITTED BY ROSEMARY BARRINGER FOR THE SILVER STEIN LOCATED AT 17030
ENTERPRISE DRIVE. THE APPLICANT IS REQUESTING A PERMIT TO TEMPORARILY EXTEND
THE PREMISE ON SATURDAY,JUNE 7TH FOR THE STEIN'S 15TH ANNIVERSARY.
AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1997-20,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE NORTHERLY PROPERTY LINE OF LOT 2,BLOCK 2,PLAT 422(11022 N.
INDIGO DRIVE), AS RECORDED IN BOOK 155, PAGE 21, RECORDS OF MARICOPA COUNTY,
ARIZONA. (NEW AMERICAN - EA 97-10)
AGENDA ITEM#6-CONSIDERATION OF RESOLUTION 1997-22,RIGHT OF WAY AGREEMENT 97-02
AND SIGHT EASEMENT, 15004 E. MUSTANG, PLAT 605B, BLOCK 1, LOT 1. (DONATE R-O-W
NEEDED FOR HAMMERHEAD.) (PALMER)
AGENDA ITEM#7-CONSIDERATION OF RESOLUTION 1997-23,RIGHT OF WAY AGREEMENT 97-
03, 15007 E. MUSTANG, PLAT 604B, BLOCK 6, LOT 1. (DONATE R-O-W NEEDED FOR
HAMMERHEAD.) (HOLCOMBE)
Minutes of the Regular Session of the Town Council 5/15/97
Page 1 of 9
AGENDA ITEM #8 - CONSIDERATION OF A FINAL 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 #9 - CONSIDERATION OF A FINAL 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 #10 - CONSIDERATION OF A FINAL PLAT FOR "PROPERTIES OF PACIFIC
SOUTHWEST CONDOMINIUMS UNIT XI" A TWO UNIT CONDOMINIUM PROJECT LOCATED AT
14015 E. SHEFIELD COURT, AKA LOT 27, BLOCK 5, FINAL PLAT 104, CASE #S97-025.
AGENDA ITEM #11 - CONSIDERATION OF ORDINANCE 97-19, AMENDING CHAPTER 15
"SUBDIVISIONS" OF THE TOWN OF FOUNTAIN HILLS TOWN CODE, TO ADD THE JACARANDA
TREE (JACARANDA MIMOSFOLIA) TO THE FOUNTAIN HILLS PLANT LIST, TABLE 3, OF THE
TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINACE.
Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Apps SECONDED the
motion. A roll call vote was taken with the following results:
Councilman Poma Aye
Councilwoman Wiggishoff Aye
Councilman Apps Aye
Councilman Lawrence Aye
Councilman Mower Aye
Vice Mayor O'Brien Nay
Mayor Miles Aye
Now The motion CARRIED.
AGENDA ITEM #12 - MONTHLY COURT REPORT BY COURT ADMINISTRATOR KATHY
CONNELLY.
Court Administrator Kathy Connelly reviewed the court's report for the month of April, 1997. She also announced
that a new employee, Guadalupe Whittle, had started employment with the Court as a part-time clerk. She stated
that the financial report of outstanding balances,which took considerable computer time to complete,would be issued
to the Council every quarter.
AGENDA ITEM#13-PUBLIC HEARING ON ORDINANCE 97-18,A PROPOSED AMENDMENT TO THE
"OFFICIAL ZONING DISTRICTS MAPS" OF THE ZONING ORDINANCE FOR THE TOWN OF
FOUNTAIN HILLS WHICH WOULD REZONE APPROXIMATELY 132 ACRES OF UNPLATTED LAND
LOCATED IN THE AREA COMMONLY REFERRED TO AS"LAKESIDE VILLAGE",FROM"R-5",R-3
RESIDENTIAL UNIT PLANNED #Z78-160", AND "R-4"; TO "R1-10"; CASE #Z97-07.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 6:36 p.m.
Town Manager Nordin displayed a slide which depicted the location of the 132 acres proposed to be rezoned. He
said the Planning & Zoning Commission had recommended the approval of the rezone with a 5-1 vote. He also
showed an overlay of the General Plan which depicted the 132 acres as "RI-10". He said the Zoning Ordinance
Minutes of the Regular Session of the Town Council 5/15/97
Page 2 of 9
would be in conformance with the General Plan if this rezone was approved. He pointed out that the landowner of
this property, MCO Properties, had objected to the rezone and that it would take a simple majority vote of the
thliv Council requiring six out of seven votes to approve the rezone.
Andrew McGuire, Assistant Town Attorney, stated that at the present time there were no court cases that stipulated
that anything less than a total taking of land was compensable. He pointed out that the reduction in the value of the
land to a point where there would be no viable economic use left would be considered a total taking. He also
pointed out there had not been any plans submitted for review and that the Town Attorney's office was comfortable
with defending the Town on this rezone issue, if litigated, based upon the current Supreme Court position on
"takings" law.
Gary Jeppson, Director of Community Development, stated the Ri-10 district would require a larger minimum lot
size than the current districts. He said the property owner had the opportunity to use the hillside density transfers
in other areas of the site to enable more disturbance at this location. He said staff had not completed a slope analysis
for this site, therefore, it was difficult to project the amount of disturbance which would be caused by grading. He
pointed out that the Subdivision Ordinance regulations would prohibit the grading of the entire parcel.
Councilman Lawrence asked Mr. McGuire if there were any known court cases involving a "partial taking". Mr.
McGuire answered that there were no cases regarding a down zoning, but that there was a current case regarding
reduction in economic use because of other regulations.
Andy Herwitz, the attorney for the landowner, MCO Properties, introduced himself and asked if Mr. Baker could
speak first because of time constraints.
Gene Baker,owner of New American Homes,stated his company had 91 acres of the property proposed for rezoning
under contract with MCO. He said plans were conceptual at the present time but that he wanted to construct a 107-
unit single-family development similar to Arriba Del Lago. He stated his development could be built under an R1-10
RUPD to allow flexibility in lot sizes. He explained that the flattest part of the topography would be used for the
infrastructure with dwelling units on each side. When asked by Mayor Miles if the rooftops would be higher than
the top of the mountain,Mr. Baker said the roadway would be built at the top of the mountain. Mr. Jeppson stated
that a PUD could be granted if New American Homes could work within the criteria of the Zoning Ordinance.
Andy Herwitz, from the firm of Osborn-Maledon, addressed the Council and stated that the rezoning of MCO's
property without the consent of the property owner was unfair, created legal questions and that it was counter-
productive. He said the four-lane roadway along Panorama had been constructed on the basis of the existing zoning
and was required by the County because of the planned densities. He stated that legal challenges could be made
because MCO had vested rights due to the substantial investment for the roadways and had relied on the existing
zoning. He cited a Supreme Court case where partial takings could give rise to suits for damages. He suggested
that the Town work with MCO with respect to the type of development of the properties owned by MCO rather than
down zoning the property in question. He pointed out that 2,000 multi-family units was not possible due to the
disturbance regulations contained in the Subdivision Ordinance.
At the request of a member in the audience to table the discussion until the public hearing could be heard in a larger
facility to accommodate the entire audience,Mayor Miles recessed the public hearing for three minutes at 7:16 p.m.
Mayor Miles reconvened the public hearing at 7:19 p.m.
Len Madden, a resident of Puerto Del Lago, spoke in favor of Mr. Baker's single-family development and the
continuation of the current zoning. Mayor Miles stated that citizens in the audience would be heard but that the
Council would be postponing the public hearing until the next Council meeting. He invited those citizens who would
not be able to attend the June 5th meeting to speak.
Minutes of the Regular Session of the Town Council 5/15/97
Page 3 of 9
Chuck Newman, a five-year resident, said he was willing to pay extra taxes in the event of litigation. Rebecca
Elliott, a Puerto Del Lago resident, said single-family developments should be encouraged-and challenged Mr.
Herwitz's argument about the fairness of the rezoning. Len Copetta, a Rancho Montana resident, spoke in favor of
the rezoning and pointed out that the proposed developer of the property had stated that he could build a project
under the R1-10 zoning. Leesa Fraverd urged the Council to continue with the public hearing.
Mayor Miles closed the public hearing at 7:26 p.m. and reconvened the Regular Session of the Town Council.
AGENDA ITEM#14-CONSIDERATION OF ORDINANCE 97-18,AMENDING THE OFFICIAL ZONING
DISTRICTS MAPS OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY
DESIGNATING THE 132 ACRES OF HILLSIDE AREA FROM "R-5", R-3 RESIDENTIAL UNIT
PLANNED #Z78-160", AND "R-4"; TO "R1-10"; CASE #Z97-07.
Councilman Poma MOVED to table discussion regarding Ordinance 97-18 until the next regularly scheduled Council
meeting on June 5th. Councilman Apps SECONDED the motion and suggested the High School gymnasium might
be a good location. The motion CARRIED unanimously.
AGENDA ITEM #15 - DESIGNATION OF ARCHITECT FOR DESIGN OF THE TOWN OF FOUNTAIN
HILLS COMMUNITY CENTER.
Councilman Lawrence MOVED to approve the firm of Hofmann-Dietz Architects as the design architect for the new
Community Center project and to authorize the Mayor and/or Manager to sign a design contract after the content
was approved by the Town Attorney. Councilwoman Wiggishoff SECONDED the motion. Mayor Miles stated that
t the contract would contain three phases; concept, preliminary plans and final plans and that the public would be
fy, invited to participate in each phase. There would also be a withdrawal stipulation contained in each phase to enable
the Council to cancel the contract.
The motion CARRIED unanimously.
AGENDA ITEM #16 - CONSIDERATION OF APPROVING AN ADDITIONAL EXPENDITURE
AUTHORITY FOR GOLDEN EAGLE PARK PHASE IV.
Director of Parks and Recreation Robin Goodman stated that an additional$40,000 be approved for contingency for
additional costs at Golden Eagle Park. She explained that the tennis court wall needed reinforcement, a light needed
to be installed, relocation of water lines, and painting of block surfaces were items that were not anticipated when
the contract was signed.
Councilman Lawrence MOVED to approve the increase of$40,000 in the contingency fund for Golden Eagle Park
Phase IV and also approve Change Order #6 in the amount of $15,546.50. Councilman Poma SECONDED the
motion.
Councilwoman Wiggishoff suggested the Council only approve Change Order#6 and when more money was needed,
additional requests be presented to the Council rather than pre-approving large amounts of money without the
knowledge of how the money would be spent. Councilwoman Wiggishoff MOVED to amend the motion to
eliminate the approval of$40,000 in the contingency fund but only approve Change Order#6. Councilman Poma
SECONDED the amendment.
Minutes of the Regular Session of the Town Council 5/15/97
Page 4 of 9
Councilman Lawrence said he would approve a request for$40,000 additional contingency funds because the funds
would then be available in cases of emergencies. Councilman Mower said better negotiations for additional costs
would be accomplished if each request for additional expenditures were considered separately. Councilman Lawrence
supported staff's -request for the contingency. Councilwoman Wiggishoff stated that a certain amount of cost
awareness and accountability would take place if each request was considered separately.
Mary Pilarinos suggested an emergency clause policy be established to enable the availability of funds in an
emergency situation.
The amendment CARRIED with a 4-3 roll call vote. Councilman Apps, Lawrence and Vice Mayor O'Brien cast
the nay votes.
The motion to approve as amended CARRIED unanimously.
Assistant Town Attorney Andrew McGuire requested Item#17 be considered after discussion of other items to allow
MCO an opportunity to be present during the discussion.
AGENDA ITEM#18 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE
STATE OF ARIZONA THROUGH ITS DEPARTMENT OF PUBLIC SAFETY ALLOWING THE TOWN
TO SEND ANOTHER OFFICER TO THE STATE GANG FORCE.
Town Manager Paul Nordin said the IGA would allow an officer to be part of the State Gang Force at no cost to
the town and would not require any increase in staff. Assistant Town Attorney Andrew McGuire suggested the third
paragraph from the top contain the appropriate section of the Town Code, that being Section 2-1-2.
Councilwoman Wiggishoff MOVED to approve the Intergovernmental Agreement with the State of Arizona with
the amendment from Mr. McGuire. Councilman Apps SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #19 - CONSIDERATION TO ACCEPT A SUPPLEMENTAL GRANT AWARD IN THE
AMOUNT OF $150,000 FROM THE JUSTICE DEPARTMENT FOR TWO FULL TIME POSITIONS IN
THE MARSHALS DEPARTMENT.
Mr. Nordin noted that an additional grant from the Justice Department was unexpected but that the grant would be
used for traffic control purposes and training of deputies working with the Sheriff's Office. Mayor Miles asked if
two additional officers would need to be hired. Marshal Gendler addressed the Council and stated the Town
Marshal's Department could use two additional officers based on a minimum level of service for the Town. He said
the total cost for the Town would be $9,458 per year per officer and that this was a three-year program with 75%
funding.
Councilwoman Wiggishoff MOVED to approve the acceptance of a $150,000 grant award from the Justice
Department. Councilman Mower SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#20-CONSIDERATION OF ACCEPTING THE RECOMMENDATION OF THE CITIZEN
COMMITTEE FOR THE 1996/97 DISTRIBUTION OF LOCAL TRANSPORTATION AUTHORITY FUND
MONIES.
Town Clerk Cassie Hansen reported the citizen committee had reviewed 17 applications for LTAF funds. Upon
Minutes of the Regular Session of the Town Council 5/15/97
Page 5 of 9
initial review, some of the applications were disqualified due to their being incomplete, associated with school
projects, or the inability to provide matching funds. She displayed a chart that explained what amount different
groups had requested and the committee's final decision as far as appropriation of the $9,149 LTAF funds.
Councilman O'Brien MOVED to approve the recommendation of the citizen committee for the distribution of the
LTAF fund monies. Councilman Apps SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #17 - 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. (THIS ITEM WAS TABLED AT THE 5/1/97
COUNCIL MEETING.)
Assistant Town Attorney Andrew McGuire stated the revised Ordinance 97-07 was a result of negotiations and
Council recommendations of the initial draft. He said one of the major points was the definition of "lack of
diligence" which was dealt with by providing seven issues that the Town Engineer could exercise. He said that after
five days had expired from the time of notice of the need for restoration of the road surface, a $300 fine would be
in effect and all permits a company had in the Town would be suspended by the Town Engineer. If the permit
holder did not complete repairs in a timely manner, the Town could complete the repairs and bill the company. He
stated that any violation of any Town ordinance was punishable as a Class I misdemeanor with fines up to $2500
and jail sentence of up to six months.
Councilwoman Wiggishoff said she thought it was tifvH.a.sefieble pointless to penalize a utility company by
suspending all of their permits in the entire town when so much work needed to be done in town. Councilman
O'Brien said he perceived utility companies would pass their fines on to their customers. Councilman Lawrence
objected to the misdemeanor clause in the ordinance as too severe. Councilman Poma stated there was a need for
strong penalties in the ordinance to insure the repair work was done on a timely basis. Councilman Poma MOVED
to approve Ordinance 97-07. Councilman Apps SECONDED the ordinance.
Paul Perreault spoke on behalf of the sub-contractors who might suffer as a result of this ordinance. Eric Erickson,
appeared on behalf of Chaparral City Water Company and opposed the penalty imposed as a Class I misdemeanor.
He questioned the authority of the Town to impose penalties on a utility company.
Mayor Miles stated the credibility of the local water company was minimal and he felt that they were not motivated
to provide swift repairs when needed which had been an ongoing problem.
Councilman Lawrence MOVED to amend the motion that in Section 16-1-12, Paragraph D be deleted so that only
fines were included as the penalty. Vice Mayor O'Brien SECONDED the amendment which FAILED with a 4-3
vote. Councilman Lawrence and Mower and Vice Mayor O'Brien cast the aye votes.
Councilman Apps MOVED to amend the motion to change the wording in Section 2-4-B from the first three"shalls"
to "may" and the final "shall" would remain as the word "shall". Councilwoman Wiggishoff SECONDED the
motion which CARRIED unanimously.
A roll call vote on the motion as amended CARRIED with a 5-2 vote. Vice Mayor O'Brien and Councilman
Lawrence cast the nay votes.
Minutes of the Regular Session of the Town Council 5/15/97
Page 6 of 9
AGENDA ITEM#21 -CONSIDERATION OF A PARTICIPATION AGREEMENT FOR CUESTA ACRES.
Town Engineer Randy Harrel said meetings with the developer of Cuesta Acres had resulted in a mutually
satisfactory agreement and recommended approval. Councilwoman Wiggishoff MOVED to approve the Participation
Agreement for Cuesta Acres as presented. Councilman Poma SECONDED the motion which CARRIED
unanimously.
AGENDA ITEM#22-CONSIDERATION OF RESOLUTION 1997-21 ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS IN PLATS 101, 101A, AND 101B.
Town Engineer Randy Harrel stated Resolution 1997-21 was an abandonment of 8-10 easements in Plats 101, IOTA
and 101B as a first installment of the town-wide easement abandonment project. He said some of the utility
companies had suggested the Town request donation of easements but that normal notices to property owners had
not been sent.
Councilman Lawrence asked Mr. Harrel how many hours had been spent to date on this project. Mr. Harrel replied
that the project was started in August and about 100-200 hours of staff time had been spent on various aspects of
securing the easements. He said the number of hours was exorbitant and suggested the abandonment program be
cancelled due to the cost of staff time. He said previously a case-by-case basis was sufficient and was a more
efficient was to proceed with abandonments. Mayor Miles said one full time person was initially authorized to be
hired to work on the abandonment program for a period of six months but that noone had been hired. He stated the
original version contained a$15.00 surcharge which would be attached to each building permit but that this had not
been approved. Mr.Harrell stated the initial efforts to date were spent contacting property owners, getting plat maps
to the utility companies and was finally getting results from the utility companies. He recommended initial contact
be made to property owners asking for donation of easements and continue to encourage the Sanitary District, Cox
Communications, etc. to look at their easements. Town Manager Nordin suggested the Council table discussion on
the resolution to enable him to work through legal issues involved with easement abandonments and report back to
the Council at the next Council meeting.
Councilman Poma MOVED to table discussion regarding Resolution 1997-21 until staff was ready to bring it back
to the Council. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #23 - CONSIDERATION OF A FINAL PLAT FOR "VISTA MONTANA CASITAS
CONDOMINIUMS" A SIXTEEN UNIT CONDOMINIUM PROJECT LOCATED AT 16362 AND 16400
ARROW DRIVE, AKA LOT 1, BLOCK 7, AND LOT 12, BLOCK 8, FINAL PLAT 111, CASE #S97-022.
Planner Geir Sverdrup stated the final plat for the Vista Montana Casitas had included a stipulation for an 8' wide
sidewalk as required by the Town Engineer. He said the applicant had agreed to the stipulation.
Councilwoman Wiggishoff MOVED to approve the final plat for Vista Montana Casitas Condominiums.
Councilman Poma SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #24 - CONSIDERATION OF A FINAL PLAT FOR "SUNCREST VILLAS
CONDOMINIUMS" A TWELVE UNIT CONDOMINIUM PROJECT LOCATED AT 11880 NORTH
SAGUARO, AKA LOT 5A, BLOCK 2, FINAL PLAT 201, CASE #S97-026.
Minutes of the Regular Session of the Town Council 5/15/97
Page 7 of 9
Planner Geir Sverdrup stated the final plat for Suncrest Villas Condominiums did not have any changes from the
preliminary plat. Councilman Lawrence MOVED to approve the final plat for Suncrest Villas Condominiums as
presented. Councilman Apps SECONDED the motion which CARRIED unanimously.
AGENDA ITEM 25-CONSIDERATION OF A TEMPORARY USE PERMIT TO ALLOW A TEMPORARY
CONSTRUCTION STORAGE YARD LOCATED APPROXIMATELY 1/8 MILE NORTH AND WEST OF
THE END OF PAVEMENT OF GOLDEN EAGLE BOULEVARD AKA A PT. OF THE SW4, NW4 SEC.
5, T3N, R6E, G&SRB&M. CASE #TU97-04
Planner Geir Sverdrup stated there had been two protests received from residents outside the 300 foot limit and that
staff recommended denial of the temporary use permit based upon these protests. He said Hard Rock Construction
had used this area for a storage yard for an extended period of time and had recently been cited.
Councilman Lawrence MOVED to deny the request for a temporary use permit. Councilman Mower SECONDED
the motion.
Don Swan, who lives at the end of Golden Eagle Boulevard, said the construction company had used this site for
over two years and were very discourteous.
The motion CARRIED unanimously.
AGENDA ITEM #26 - CONSIDERATION OF THE PRELIMINARY PLAT FOR EAGLE MOUNTAIN
PARCEL #4, A 37 LOT SINGLE-FAMILY SUBDIVISION ON 25.82 ACRES LOCATED IN THE
tkire SOUTHWEST CORNER OF SECTION 29; ZONED R1-8A.
Councilman Lawrence MOVED to take this item off the table for discussion. Councilman Mower SECONDED
the motion which CARRIED unanimously.
Director of Community Development Gary Jeppson stated the preliminary plat contained three additional stipulations
relating to the cul-de-sac right-of-way, a standpipe installation on Lot 12, and that Lot 12 contain a building
envelope. He stated the applicant agreed to all stipulations and that the Planning & Zoning Commission had
recommended approval.
Councilman Lawrence MOVED to approve the preliminary plat with all stipulations for Eagle Mountain,Parcel#4.
Vice Mayor O'Brien SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #27 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT
TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CREATE CHAPTER 17
WIRELESS COMMUNICATION TOWERS AND ANTENNAS.
Mr. Jeppson stated regulations for the locations of wireless communication towers and antennas under a special use
permit required an amendment to the Zoning Ordinance. He explained the amendment would need to go through
the public hearing process before the Planning &Zoning Commission and then to the Council. Mayor Miles asked
if there was a height limitation. Mr. Jeppson answered that at the present time, because of the topography of the
Town, no provisions for height limitations had been considered. Councilman O'Brien asked if the Council was
required to give reasons for a denial of a special use permit. Mr. Jeppson said a basis for denial would be needed.
Minutes of the Regular Session of the Town Council 5/15/97
Page 8 of 9
Both Councilman O'Brien and Mayor Miles said they would be in favor of including a height limitation. Mr.
Jeppson said locations for towers and antennas might be more difficult if height limitations were restricted.
Councilman Lawi=ence MOVED to approve the initiating of an amendment to the Zoning Ordinance regarding
wireless communication towers and antennas. Councilwoman Wiggishoff SECONDED the motion which
CARRIED unanimously.
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 #27 - ADJOURNMENT.
Vice Mayor O'Brien MOVED to adjourn the meeting. Councilman Apps SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 8:53 p.m.
TOWN OF FOUNTAIN HILLS
By: 4leaYi
A!TEST: (44t ±3 !
Cassie B. Hansen, Town Clerk
PREPARED BY:
Linda D. Le en, 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 15th day of May, 1997. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 5th day of June, 1997.
OJ44 ( I3 t°
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 5/15/97
Page 9 of 9
TOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK/STUDY SESSION OF THE
Iltrw FOUNTAIN HILLS TOWN COUNCIL
MAY 20, 1997
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30
P.M., Tuesday, May 20, 1997, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades
Blvd., Building B, Fountain Hills, Arizona.
The following members of the Fountain Hills Town Council were present: Mayor Jerry Miles, Vice Mayor Bill
O'Brien and Councilmembers Don Lawrence, Marianne Wiggishoff, Sid Apps, and Penfield Mower. Councilman
Al Poma was absent. Also present were Town Manager Paul Nordin, Town Clerk Cassie Hansen, Director of
Community Development Gary Jeppson and Town Engineer Randy Harrel.
AGENDA ITEM #2 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF ON THE
RECOMMENDATIONS MADE IN THE APRIL 1, 1997 "REPORT SUBMITTED TO THE FOUNTAIN
HILLS TOWN COUNCIL" BY THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION
REGARDING FUTURE PLANNING FOR PRESERVATION OF THE MCDOWELL MOUNTAINS.
The first item of discussion was the definition of the word "preserve". Roy Kinsey, Chairman of the McDowell
Mountain Preservation Commission, stated he defined "preserve" as land that was forever set aside as open space
and was prohibited from future development without it having any legal character. He said the Council could chose
to acknowledge the Commission's goal to preserve all lands above 2240' elevation as a preserve to assist the
Commission in its efforts to educate the public.
Mayor Miles said he was concerned about attaching a label without defining the area. He said Jim Flynn, MCO
Properties, had given him an opening price for the Eagles Nest and Eagles Ridge lands in Parcels 6 and 7 but that
it was significantly more than the Town could afford. He proposed two ways to raise money for purchase of lands
for preservation. Since the $.25 county baseball tax would expire next Spring, the Town could generate
approximately $500,000 per year if the .25 tax was included in the Town tax rate. Another source, the road district
bonds which expire in 1999, could include the $.30 tax which might generate up to four million dollars.
Councilman O'Brien stated he wanted to reinforce the concept of certain elevations designated for preservation areas
along with the creation of mechanisms necessary for a funding foundation. Councilman Mower suggested that
monies set aside for the formation of a Police Department were not planned to be used for the next three years,those
sales tax revenues might be used for purchasing mountain property for preservation. Councilman Lawrence
suggested the estimated$800,000 in excess sales tax revenues collected over the projected budget amount could be
used as a fifth category for the purchase of lands to be preserved. Councilman Apps suggested foundations and trusts
be pursued in the private sector for funding purposes.
Mr. Kinsey recommended the Arizona Community Foundation,a non-profit organization,as a vessel to set up a trust
fund. This organization would oversee the IRS requirements, offer assistance in investments and educational
functions, set up categories in a trust, and would charge a 1% management fee corresponding to the funds in the
trust. He mentioned the possibility of the Foundation's ability to provide matching funds in the first two to three
years of the trust. He stated that the Council's public endorsement of preservation goals would support the
McDowell Mountain Preservation Commission's efforts in the education of the public.
Mr. Nordin estimated the current rate for a bond issue would be 6% with a guaranteed tax-exempt status.
Minutes of the Work/Study Session of the Town Council 5/20/97
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Mr. Kinsey suggested the Director of the Arizona Community Foundation be invited to provide more information
to the Council regarding the organization. He stated the Foundation presently contained 250 charitable funds in 400
Lir communities with assets of$9,000,000.
Mayor Miles said the first step for the Council would be to declare the intention of the Council to acquire all lands
above certain elevations, then set up a 501 C-3 trust. He approved of the idea to have the Foundation's Director
speak to the Council in June or July. He said in his conversation with Jim Flynn, it was mentioned that the Town
should enter into a development agreement to designate the property they were interested in preserving and that MCO
would work around that property. Mr. Flynn had indicated MCO Properties would hold the subject property off the
market for a reasonable length of time to allow the Town to proceed with financing efforts. He suggested a revised
map that would indicate proposed areas for density transfers would be helpful.
AGENDA ITEM #3 - ADJOURNMENT.
Mayor Miles adjourned the meeting at 7:13 p.m.
TOWN OF FOUNTAIN HILLS
By: flIL
J rry Mil , ayor
Lor
ATTEST: P4/14-4.---
Cassie B. Hansen, Town Clerk
PREPARED BY:
Linda D. Lemme , Administrative Assistant
CER'I IHCATION
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 20th day of May, 1997. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 5th day of June, 1997.
Cassie B. Hansen, Town Clerk
Minutes of the Work/Study Session of the Town Council 5/20/97
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