HomeMy WebLinkAbout1997.0703.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
JULY 3, 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, July 3, 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 Matthew Zitellaro, Maxwell Palau and Ryan
Woodall from Pack 243, Webelos Den #2 and the invocation by Tricia Conner of the Baha'i Faith, 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, and Planner Geir Sverdrup.
Mayor Miles removed Agenda Item#4 from the Consent Agenda for further discussion and Items#11 and#12 were
rescheduled to be considered for the first meeting in August. 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 JUNE 19TH,
1997.
AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1997-30,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG WITH THE NORTHERLY PROPERTY LINE OF LOT 16,BLOCK 1,PLAT 605C
(11215 NORTH PINTO DRIVE), AS RECORDED IN BOOK 164 OF MAPS, PAGE 14 RECORDS OF
MARICOPA COUNTY, ARIZONA. (WALTON - EA 97-15).
AGENDA ITEM#5- CONSIDERATION OF THE FINAL PLAT FOR "HAPPINEST CONDOMINIUMS",
A 2-UNIT CONDOMINIUM PROJECT,LOCATED AT 12029 NORTH FOUNTAIN HILLS BOULEVARD,
CASE NUMBER S97-030.
AGENDA ITEM #6 - CONSIDERATION OF THE FINAL PLAT FOR "PROPERTIES OF PACIFIC
SOUTHWEST CONDOMINIUMS UNIT VIII", A 2-UNIT CONDOMINIUM PROJECT, LOCATED AT
14021 SHEFFIELD COURT, CASE NUMBER S97-031.
AGENDA ITEM #7 - CONSIDERATION OF THE FINAL PLAT FOR "PROPERTIES OF PACIFIC
SOUTHWEST CONDOMINIUMS UNIT IX",A 2-UNIT CONDOMINIUM PROJECT,LOCATED AT 16771
ASHBROOK DRIVE, CASE NUMBER S97-032.
AGENDA ITEM #8 - CONSIDERATION OF THE FINAL PLAT FOR "PROPERTIES OF PACIFIC
SOUTHWEST CONDOMINIUMS UNIT X",A 2-UNIT CONDOMINIUM PROJECT,LOCATED AT 12405
NORTH LA MONTANA DRIVE, CASE NUMBER S97-033.
AGENDA ITEM #9 - CONSIDERATION OF THE FINAL PLAT FOR "SHERWOOD ESTATES
CONDOMINIUMS" A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 14455 SHERWOOD
DRIVE, CASE #S97-029.
Minutes of the Regular Session of the Town Council 7/3/97
Page 1 of 10
AGENDA ITEM #10 - CONSIDERATION OF THE FINAL REPLAT FOR LOT 14 OF THE SUNRIDGE
CANYON N-EAST SUBDIVISION AND PARCEL 3 OF THE SUNRIDGE CANYON MASTER PLAT TO
INCREASE THE SIZE OF LOT 14, CASE NUMBER S97-018.
AGENDA ITEM #13 - CONSIDERATION OF AWARDING THE BID FOR STREET NUMBER CURB
PAINTING TO MICHAEL SALADINO.
AGENDA ITEM #14 - CONSIDERATION OF AWARDING THE BID FOR THE PRINTING OF THE
FOUNTAIN HILLS FOCUS TO COMMERCIAL LITHOGRAPHERS IN THE AMOUNT OF $9,876.
Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Poma 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 Aye
Mayor Miles Aye
The motion CARRIED.
AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 1997-31, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE NORTHERLY 18' OF THE RIGHT-OF-WAY
FOR A PORTION OF AVENIDA VIDA BUENA (FORMERLY AVENUE OF THE FOUNTAINS). (MCO
PROPERTIES - ROW 97-04).
AGENDA ITEM#12- CONSIDERATION OF THE MAP OF DEDICATION BY MCO PROPERTIES FOR
EAGLE RIDGE DRIVE.
Town Engineer Randy Harrel was not available for discussion of these items. Agenda Items #11 and #12 were
removed from the Consent Agenda and were scheduled to be considered at the first meeting in August.
AGENDA ITEM #4 - CONSIDERATION OF APPROVING THE DISTURBANCE AREA FOR FOUR
PEAKS NEIGHBORHOOD PARK
Town Manager Paul Nordin stated preliminary planning work had revealed a problem relative to hillside disturbance
regulations. He said an exception was required and was permissible under the Subdivision Ordinance. Councilman
Lawrence MOVED to approve the area of disturbance waiver for the Four Peaks Neighborhood Park.Councilwoman
Wiggishoff SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #15 - PRESENTATION OF OUTSTANDING VOLUNTEER AWARD TO HENRIETTA
HASYNIC FOR SEVEN YEARS OF VOLUNTEER SERVICE TO THE TOWN OF FOUNTAIN HILLS.
Mayor Miles presented a gift award to Henrietta Hasynic in appreciation of her years of service to the Town.
Minutes of the Regular Session of the Town Council 7/3/97
Page 2 of 10
Henrietta volunteered her services to Parks & Recreation, the Marshals Department and assisted with receptionist
duties over the past seven years.
AGENDA ITEM#16-PRESENTATION BY DEBORAH WHITEHURST,DIRECTOR OF THE ARIZONA
COMMUNITY FOUNDATION ON ESTABLISHING A TRUST FOR THE MCDOWELL MOUNTAIN
PRESERVATION PROJECT.
Ms. Whitehurst stated the Arizona Community Foundation provided extensive services to establish trusts for
particular goals of municipalities. She said she had met with the McDowell Mountain Preservation Commission who
had expressed interest in creating a trust fund. Her organization provided affiliate foundations throughout the state.
She stated an advisory committee would need to be formed to assist with fund raising mechanisms. Mayor Miles
thanked Ms. Whitehurst for her comments.
AGENDA ITEM#17-STATUS REPORT ON THE SAGUARO CLEANUPBEAUTIFICATION PROJECT
INITIATED BY MAYOR MILES.
Tom Ward, from the Engineering Department, pointed out the various projects in connection with the Saguaro
Boulevard cleanup campaign. To date, he said cooperative efforts between the Engineering, Street and Marshals
Department had resulted in 50 new street signs and poles,replacement of 50 rusted stop signs and 30 one-way signs,
and two miles of brush control as well as encouraging homeowners associations to participate in the project. The
improved irrigation system,removal of diseased trees and efforts to cite ten violations had been part of the program.
He said future programs for planting would be presented.
AGENDA ITEM#18 - CONSIDERATION OF ORDINANCE 97-12, CREATING A CHAPTER 19 OF THE
FOUNTAIN HILLS TOWN CODE TITLED,PUBLIC ART,WHICH CREATES A TOWN OF FOUNTAIN
HILLS PUBLIC ART COMMISSION; AND ESTABLISHES A PUBLIC ART FUND.
Mayor Miles said Ordinance 97-12 had been previously presented to the Council and had contained a 1% surcharge
imposed on builders of all new construction projects. At that time, the ordinance failed. The revised ordinance
eliminated the surcharge provisions and contained language establishing the Public Art Commission as a Council-
appointed commission and that the Commission would be charged with soliciting funds for public art. Councilman
Lawrence stated that this ordinance had been previously controversial and that sufficient time to obtain public input
had not been allowed due to the lateness of this item being put on the agenda. He MOVED to table discussion
regarding Ordinance 97-12 until the next Council meeting,August 7th. Councilman Apps SECONDED the motion
which CARRIED unanimously.
AGENDA ITEM #19 - CONSIDERATION OF ORDINANCE 97-24, AMENDING THE TOWN CODE,
CHAPTER 12, TRAFFIC, ARTICLE 12-3, PARKING, SECTION 12-3-8, PARKING OF COMMERCIAL
VEHICLES, BY RESTRICTING THE TIMES DURING WHICH A COMMERCIAL VEHICLE MAY BE
PARKED WITHIN THE PUBLIC RIGHTS-OF-WAY.
Mayor Miles stated complaints had been received concerning commercial trucks parked overnight on Town streets
and that this ordinance had been created to address those complaints. Councilman Mower MOVED to approve
Ordinance 97-24 as presented. Councilman Poma SECONDED the motion. Councilwoman Wiggishoff expressed
Minutes of the Regular Session of the Town Council 7/3/97
Page 3 of 10
concern about moving vans parked on streets for more than two hours. Assistant Town Attorney Andrew McGuire
said moving vans would be considered a service vehicle and not subject to this ordinance.
Bob Ryan, owner of Red Rock Auto Service at El Pueblo, opposed the ordinance, said that the trucks parked on El
Pueblo did not disturb anyone and told the Council he felt commercial parking should not be regulated. Councilman
Poma MOVED to amend the ordinance to exempt parking restrictions in Ordinance 97-12 on El Pueblo from
Saguaro east to Tioga. Councilman Lawrence SECONDED the amendment which FAILED with a 4-3 roll call
vote. Councilman Lawrence, Poma and Mower cast the aye votes.
The motion to approve Ordinance 97-12 CARRIED with a 6-1 vote. Councilman Poma cast the nay vote.
AGENDA ITEM #20 - CONSIDERATION OF ORDINANCE 97-25, AMENDING THE TOWN CODE,
CHAPTER 12,TRAFFIC,ARTICLE 12-4,PRIVATE PARKING, BY ADDING A NEW SECTION, 12-4-7,
PARKING IN RESIDENTIAL AREAS, PROHIBITING PARKING WITHIN THE FRONT YARD OF A
RESIDENCE IN AN AREA NOT IMPROVED FOR SUCH USE.
Councilman Apps MOVED to approve Ordinance 97-25. Councilman Poma SECONDED the motion. Vice Mayor
O'Brien expressed his concern about regulating where a resident could park his car on private property. Town
Attorney Bill Farrell said the requirement to park in a paved area was within the boundaries of the Town's
ordinances. Mayor Miles pointed out that campers, trucks and boats were presently regulated as to parking
restrictions.
Councilwoman Wiggishoff stated there were many homes with unpaved,graveled circle drives and that the language
of the ordinance was unclear in that respect. She MOVED to table Ordinance 97-25 for further language
clarification until the next Council meeting. Councilman Mower SECONDED the motion which CARRIED
unanimously.
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AGENDA ITEM#21 -PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION
TO PERMIT CONSTRUCTION EQUIPMENT STORAGE AND REPAIR AS A SPECIAL USE IN THE
"IND-1"ZONING DISTRICT,LOCATED ON LOTS 11-14,BLOCK 5,PLAT 412-A,16646 LASER DRIVE.,
CASE#SU97-04.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:05 p.m. Planner
Geir Sverdrup stated the special use request of R.E. Monks would allow a construction equipment and storage yard
in the Industrial-1 Zoning District and was granted under "C-3" zoning regulations. Mayor Miles called attention
to the stipulations that had been agreed to by Mr. Monks. Mr. Sverdrup added that the Planning & Zoning
Commission had recommended denial of the special use permit with a 5-1 vote.
Bob Thompson, representing R.E. Monks, reviewed the stipulations and said they would provide a greater level of
control than would zoning restrictions. Richard Monks,Vice President of R.E.Monks,said his company had worked
in Fountain Hills since 1986 and had provided employment, supported the community with donations, and
participated in fund-raising events. He stated the special use permit would encourage his business to remain in
Fountain Hills and that his business was not dependent on the local economy to survive. He said he was committed
to the stipulations presented under the special use permit, if approved.
Also speaking in support of the special use permit were the following: Frank Ferrara (Chamber of Commerce),
Robert Ryan (Red Rock Auto Service), R.J. Byer, Phyllis Kern, Jeff Bolstad, Charles Boyd, Sudelle Irons, Jason
Derrick, Thomas Fox, Justin Henry, Tom Jamer, Dave Zalaker, Daniel Orlando, Debbie Allen, Jack Kennedy, Bob
Leiv Minutes of the Regular Session of the Town Council 7/3/97
Page 4 of 10
Travers, Elaine Allison,Mary Clayson, Randy Frickey, and Byron Roman. Their comments supported the potential
for business growth in the town, that the industrial-zoned property was a suitable location for the uses that R.E.
Monks company requested, that industrial uses helped the tax base, and that there was no adverse affect on property
values. Also employment concerns of present employees were voiced.
Speaking in opposition of the special use permit were Judy Jacobs,John Binder,Colleen Binder for Jesse&Candyce
Schmidt,Lawrence Jacobs,Bill Venditti,Jeanette Bassingthwaite,Yetta Seidon,Arvid Dennis,Larry Rogers,Dorothy
Fages,Judy Hill,Bea Crist,Gordon Riehl,Len Copetta,and Alan Crist. Their concerns were about increased heavy
construction traffic in a residential neighborhood, increased noise, safety concerns, and damage to existing roads.
They also felt that this issue was the same issue the voters turned down in 1996 by Proposition 301. Also,comments
were made relative to the enforcement of violations of the stipulations to the special use permit.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:35 p.m.
AGENDA ITEM #22 - CONSIDERATION OF AN APPLICATION TO PERMIT CONSTRUCTION
EQUIPMENT STORAGE AND REPAIR AS A SPECIAL USE IN THE "IND-1" ZONING DISTRICT,
LOCATED ON LOTS 11-14, BLOCK 5, PLAT 412-A, 16646 LASER DRIVE., CASE #SU97-04.
Councilman Apps MOVED to approve the special use permit application including all stipulations as presented.
Councilman Mower SECONDED the motion. Vice Mayor O'Brien asked if a denied application could be re-applied
for in one year's time. Town Attorney Bill Farrell stated the one-year period only applied to rezoning issues.
Councilman Lawrence asked whether the approval of a special use permit was subject to a referendum possibility.
Mr. Farrell said he believed it could not be subject to a referendum. Director of Community Development Gary
Jeppson stated that in the Zoning Ordinance there was a one-year period stipulated between the denial date and a
date for re-application. Vice Mayor O'Brien said he could not support the special use permit because there had not
been any stipulation to address the buffer zones between the industrial and residential neighborhoods as far as the
future extension of Technology Drive. Since Mr.Monks had been willing to participate in the extension,Vice Mayor
MOVED to table discussion for a period of six months to allow adequate time to resolve the extension of
Technology Drive. There was no second to the motion, the motion DIED.
Mayor Miles supported the special use application because he felt the stipulations that had been worked out between
the Town and R.E. Monks were fair, adequate and enforceable. He reviewed the stipulations and called attention
to the fact that, if approved, this special use permit could be reviewed in one year's time. Also, a left-turn signal
at Shea and Saguaro was planned to be completed by the end of July. Councilman Mower said the Marshals
Department had completed a traffic count at the intersection of Shea&Saguaro between June 30th and July 3rd and
that the report had indicated that the majority of trucks were identified as belonging to business owners other than
trucks owned by R.E.Monks. He said the Engineering Department had asserted that the area of Saguaro Boulevard,
south of Shea, was durable enough for 7,000 vehicles per day which was not expected in that area. Councilwoman
Wiggishoff stated she thought the special use permit was the same zoning issue as was voted on two years ago with
the same use, same location, and same problems. She said she was satisfied with the stipulations but was concerned
that the policing of the stipulations would be unfairly borne by the residents. She stated she believed the use was
incompatible with residential areas using a shared access roadway as well as being incompatible with other businesses
located in the industrial district. She said she opposed the application because the voters in Fountain Hills had
acknowledged their concerns by supporting Proposition 301. Councilman Apps said he would support the special
use permit because he had always supported business growth in the community. Councilman Lawrence said although
he respected the arguments for an increased tax base and the impact for improved business growth, he had difficulty
ignoring the vote of the majority of the citizens and would oppose the special use permit. Councilman Poma asked
about Monks' safety record. Lewis Murphy, truck superintendent for R.E. Monks, said the company had one mixer
accident but no overweight citations or violations for truck inspections. Additional comments were made by Gordon
Riehl, who asked about why the stipulation for requiring R.E. Monks to supply the concrete for the extension of
L Minutes of the Regular Session of the Town Council 7/3/97
Page 5 of 10
Technology Drive was left out. Mr.Monks said one-eighth of the cost included both the concrete and the earthwork.
Larry Rogers, Bill Venditti and Sharon Boyd also commented.
The motion CARRIED with a 4-3 roll call vote. Councilwoman Wiggishoff,Councilman Lawrence and Vice Mayor
O'Brien cast the nay votes.
AGENDA ITEM#23 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION
TO PERMIT A MULTI-FAMILY RESIDENTIAL PROJECT AS A SPECIAL USE IN THE"C-2" ZONING
DISTRICT, LOCATED IN THE TOWN CENTER I PROJECT, LOT 6, SOUTH OF PALISADES
BOULEVARD AND EAST OF THE PROPOSED AVENUE OF THE FOUNTAINS ALIGNMENT, CASE
#SU97-03.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:11 p.m.
Planner Geir Sverdrup said this special use permit application provided for an 81-unit multi-family project located
adjacent to the rear of the Basha's Plaza as part of Town Center I. He said staff had significantly revised the
application to include workable stipulations. Councilman Poma asked if this condominium project would count
toward the 700 units allowed under the agreements with MCO. Mr. Sverdrup answered in the affirmative.
Councilman Mower clarified that the 81 units would go against the 700 allowed units but that there would be no
transfer of mountain land by MCO because the density was not high enough.
Martin Osterveld,Thomas Bottemly,Dave Montgomery,and Ron&Imera Cutler participated in the display of visual
layouts of the project. Mr. Osterveld stated the project would contain 30 two-story units in the middle and the
remainder would be one-story units, all with attached garages. The size of the units would be between 1150-1600
square feet with varied color themes between buildings and a coordinated landscape plan to fit with other
developments in Town Center. The selling price would be between$115,000-$145,000. He said the plans provided
for apartments at this time, but that a request for a change to condominiums would be presented to the Council in
the future.
There were no comments from the public. Mayor Miles closed the public hearing and reconvened the Regular
Session of the Town Council at 9:19 p.m.
AGENDA ITEM #24 - CONSIDERATION OF AN APPLICATION TO PERMIT A MULTI-FAMILY
RESIDENTIAL PROJECT AS A SPECIAL USE IN THE "C-2" ZONING DISTRICT,LOCATED IN THE
TOWN CENTER I PROJECT, LOT 6, SOUTH OF PALISADES BOULEVARD AND EAST OF THE
PROPOSED AVENUE OF THE FOUNTAINS ALIGNMENT, CASE#SU97-03.
Councilwoman Wiggishoff MOVED to approve Case #SU97-03, a special use permit for Thunder Ridge. Vice
Mayor O'Brien SECONDED the motion.
Councilwoman Wiggishoff admitted that the plan for this project seemed to provide a logical location for a town-
home, garden apartment atmosphere rather than a walk-up apartment complex. Councilman Mower objected to the
location for a project of this design. Councilman Poma said he approved of the architecture of the project and that
he would support condominiums at this location rather than businesses. Vice Mayor O'Brien said he hoped this
quality project would set a standard for other future projects in the area. Councilman Mower asked whether there
was an effluent problem. Sanitary District Superintendent Ron Huber said the District was working toward a
discharge permit to allow the Sanitary District to increase its capabilities for discharging effluent. Also he said he
anticipated that ADEQ would grant a permit increase which would allow for effluent discharges through September
Minutes of the Regular Session of the Town Council 7/3/97
Page 6 of 10
of 1998. Mayor Miles asked whether the Sanitary District could handle this project together with all other projects
applied for at this time. Mr. Huber answered that the District could not service the project at the present time but
specified that all developments currently platted would not be constructed at the same time. He said the Sanitary
District would continue to approve permits until such time as an impasse was reached in negotiations with the Indian
community.
The motion CARRIED with a 5-2 roll call vote. Mayor Miles and Councilman Mower cast the nay votes.
AGENDA ITEM#25 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION
TO REZONE 4.077± ACRES OF LAND WITHIN PARCEL "L" OF THE SUNRIDGE CANYON
DEVELOPMENT FROM THE "R1-6A" TO THE "OSR" ZONING DISTRICT, SO THAT ALL OF THE
NON-LOTTED TRACTS OF LAND WITHIN AND ABUTTING THE PROPOSED SUNRIDGE CANYON
PARCEL "L" SUBDIVISION WILL BE LOCATED IN THE "OSR" ZONING DISTRICT, AND; A
PROPOSAL TO REZONE 0.4627± ACRES OF LAND WITHIN PARCEL "L" OF THE SUNRIDGE
CANYON DEVELOPMENT FROM THE "OSR" TO THE "R1-6A" ZONING DISTRICT,SO THAT ALL
OF THE DEVELOPABLE LOTS WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "L"
SUBDIVISION WILL BE LOCATED IN THE "R1-6A" ZONING DISTRICT, CASE NUMBER Z97-04.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:29 p.m.
Director of Community Development Gary Jeppson explained that this request was a clean-up rezone similar to
others in Sunridge Canyon to assure that all developable land was located in a residential district and also that open
spaces were properly zoned. He said several items had been resolved which included the applicant's withdrawal of
a gated subdivision, a stipulation that the roads would be public roads rather than private, that two accesses would
be provided off Sunridge Drive and that the improved design of retaining walls was provided along with a
landscaping plan.
There were no comments from the public on this issue. Mayor Miles closed the public hearing and reconvened the
Regular Session of the Town Council at 9:30 p.m.
AGENDA ITEM#26 - CONSIDERATION OF ORDINANCE 97-14 REZONING 4.077t ACRES OF LAND
WITHIN PARCEL "L" OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE "R1-6A" TO THE
"OSR" ZONING DISTRICT,SO THAT ALL OF THE NON-LOTTED TRACTS OF LAND WITHIN AND
ABUTTING THE PROPOSED SUNRIDGE CANYON PARCEL "L" SUBDIVISION WILL BE LOCATED
IN THE "OSR" ZONING DISTRICT, AND; A PROPOSAL TO REZONE 0.4627t ACRES OF LAND
WITHIN PARCEL "L" OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE "OSR" TO THE
"R1-6A"ZONING DISTRICT,SO THAT ALL OF THE DEVELOPABLE LOTS WITHIN THE PROPOSED
SUNRIDGE CANYON PARCEL "L" SUBDIVISION WILL BE LOCATED IN THE "R1-6A" ZONING
DISTRICT, CASE NUMBER Z97-04.
Councilman Lawrence MOVED to approve Ordinance 97-14, Parcel "L", Sunridge Canyon development as
presented. Councilman Poma SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #27 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE SUNRIDGE
CANYON PARCEL "L" SUBDIVISION, A 32 LOT, 30.2372 ACRE SUBDIVISION LOCATED
NORTHWEST OF THE SUNRIDGE DRIVE/DESERT CANYON DRIVE INTERSECTION,CASE NUMBER
L Minutes of the Regular Session of the Town Council 7/3/97
Page 7 of 10
S96-049.
Councilman Lawrence MOVED to approve the preliminary plat for the Sunridge Canyon Parcel "L" as presented.
Councilman Apps SECONDED the motion. Councilwoman Wiggishoff expressed her disappointment with the
design of this subdivision. The motion CARRIED unanimously.
AGENDA ITEM #28 - CONSIDERATION OF A TOWN COUNCIL WAIVER OF THE TEN (10) FOOT
CUT LIMITATION SPECIFIED IN CHAPTER 5, GENERAL PROVISIONS, SECTION 5.11.C.4., TO
PERMIT CUTS IN EXCESS OF TEN FEET FOR THE COPPERWYND PROJECT LOCATED WEST OF
PALISADES BOULEVARD AND SOUTH OF THE SUNRIDGE CANYON PROJECT.
Mr. Jeppson informed the Council that the application had recently excluded portions of the request for waiver of
the ten foot limitations. He said the waiver was currently requested for the area behind the clubhouse (Site#4)and
the 12,921 square foot area along the northwest portion of the condominiums(Site#7). Martin Wilson,representing
Sun-Tech,displayed a layout of the project which depicted the areas in question. Jeffrey Becker-Jones and architect
Don Anderson displayed design renderings of the Copperwynd project which showed parking areas, casitas, the
clubhouse, tennis courts, and condominiums. He said the waiver would provide an opportunity to construct a low-
profile, high-quality building which would better fit into the hillside.
Vice Mayor O'Brien MOVED to approve the revised cuts as presented. Councilman Lawrence SECONDED the
motion.
Leesa Fraverd, a member of the P&Z Commission, asked the Council to refer this matter back to the Planning &
Zoning Commission. She said when the P&Z Commission had reviewed the Copperwynd project,there had not been
any requests for waivers to the cut and fill limitations. She considered this matter a precedent-setting,controversial
change to the project. Councilwoman Wiggishoff said she thought the requested type of cut was reasonable to enable
the developer to build his project into the mountainous land rather than on the top of the mountain.
Councilman Poma MOVED to refer this matter to the Planning&Zoning Commission. Since there was no second
to the motion, the motion FAILED.
Mr. Anderson informed the Council that the condominiums would be between 1932-2400 square feet in size,single-
storied with four units to a building, and all units with ground level entry containing no exposed stairways.
Councilman Apps said he would be somewhat subjective when waivers were presented for approval and would
oppose them when presented.
The motion CARRIED with a 4-3 roll call vote. Councilmen Apps, Poma and Mayor Miles cast the nay votes.
AGENDA ITEM #29 - CONSIDERATION OF THE FINAL PLAT FOR "KINGSTREE VILLAGE
CONDOMINIUMS"A FORTY UNIT CONDOMINIUM PROJECT LOCATED AT 11022 NORTH INDIGO
DRIVE, AKA LOT 2, BLOCK 2, FINAL PLAT 422, CASE#S97-027.
Councilman Lawrence MOVED to approve the Final Plat for Kingstree Village Condominiums as presented.
Councilman Poma SECONDED the motion which CARRIED unanimously.
Minutes of the Regular Session of the Town Council 7/3/97
Page 8 of 10
•
AGENDA ITEM #30 - RECONSIDERATION OF ABANDONING A PORTION OF A HILLSIDE
PROTECTION EASEMENT GRANTED TO THE TOWN TO ALLOW THE SANITARY DISTRICT
ENOUGH LATITUDE TO PLACE A SEWER LINE 30' DEEP.
Councilwoman Wiggishoff said the Superintendent from the Sanitary District, Ron Huber, had requested to further
discuss this matter. Councilman Lawrence MOVED to reconsider this matter. Councilwoman Wiggishoff
SECONDED the motion which CARRIED with a 5-2 roll call vote. Mayor Miles and Vice Mayor O'Brien cast
the nay votes.
Mr. Huber said the Sanitary District was requesting the abandonment of a small strip of the hillside protection
easement adjacent to a 50' easement where there was construction of a gravity sewer line for the Sanitary District.
He said the cost of relocation for an effluent line in this location would be $38,000. He said the existing desert
vegetation was negligible but any disturbance onto desert areas would be revegetated with hydroseeding.
Councilman Lawrence recalled the Council's action on this matter during the June 19, 1997 meeting where there was
a motion made to approve, but the motion was not seconded. Mr. Huber said the area in question would not be
visible from Saguaro Boulevard. Councilman Lawrence felt there had been a lack of information at the last meeting
but after hearing Mr. Huber's explanation and viewing photos of the site, he stated cooperation was in order to
protect the taxpayers' interests. He MOVED to grant the abandonment of the 15' wide strip of the hillside
protection easement for the Sanitary District. Councilman Poma SECONDED the motion.
Vice Mayor O'Brien said he would oppose any abandonment of a hillside protection easement and viewed it as a
precedent-setting issue. Councilman Apps said he agreed with Vice Mayor O'Brien's comments.
The motion CARRIED with a 5-2 roll call vote. Councilman Apps and Vice Mayor O'Brien cast the nay votes.
AGENDA ITEM#31-CONSIDERATION OF THE ADOPTION OF THE TENTATIVE BUDGET FOR THE
FISCAL YEAR 1997/98 WITH APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENT IN
ACCORDANCE WITH STATE LAW.
Councilman Mower MOVED to approve the tentative budget. Councilman Poma SECONDED the motion.
Councilman Lawrence asked what amounts were in reserves and contingency accounts. Mr. Nordin answered that
there was slightly over two million dollars in reserves and$50,000 in contingency funds. He said a request had been
submitted to include an allocation of$5800 for the St. Dominic's Food Bank. He MOVED to amend the budget
under Special Programs in the Administration budget to add St. Dominic's Food Bank in the amount of$5800 as
a one-time gift. Councilman Apps SECONDED the amendment.
Councilman Apps MOVED to amend the amendment to approve the request of St. Dominic's Food Bank contingent
upon a review of their financial statement by staff. Councilman Lawrence SECONDED the amendment which
CARRIED unanimously.
The vote on the amendment as amended CARRIED unanimously.
Leesa Fraverd asked what amount of money was being put aside for preservation. Mayor Miles answered that no
specific amount had been earmarked for preservation but that part of the undesignated surplus funds could be used
because of the Council's decision not to allocate $800,000 for the community center project. Mr. Nordin said out
of the $3.3 million dollar reserve, $2 million was undesignated.
Ginny Chin gave an update on school library activities at the High School. She said outside groups were encouraged
Minutes of the Regular Session of the Town Council 7/3/97
Page 9 of 10
to conduct their meetings at that location, artwork was being displayed at the library and that computer stations for
the community's use on an Internet site were available.
The motion to approve the tentative budget as amended CARRIED unanimously.
AGENDA ITEM#32 - 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.)
Joyce Szeliga addressed the Council relative to the denial of the Class 7 liquor license for Tom Jamer. She
supported the application of Mr. Jamer and encouraged the Council to rethink their intentions in the denial as she
believed Mr.Jamer's proposed billiard hall would provide a positive family-oriented environment in the community.
She also encouraged the Council to support the ordinance for front yard parking.
AGENDA ITEM #33 - ADJOURNMENT.
Councilman Poma MOVED to adjourn the meeting. Councilman Mower SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 10:39 p.m.
TOWN OF FOUNTAIN HILLS
By:
rry es, ayor
A 1-1EST: (Z 1
Cassie B. Hansen, Town Clerk
PREPARED BY: C_
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 3rd day of July, 1997. I further certify that the meeting was duly
called and that a quorum was present.
DATED this 7th day of August, 1997.
(.4../JAL vb Alt.4()
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 7/3/97
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