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HomeMy WebLinkAbout1997.0804.TCSM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 4, 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, August 4, 1997, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building B, Fountain Hills, Arizona. ROLL CALL- Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Bill O'Brien and Councilmembers Marianne Wiggishoff, Sid Apps, Al Poma and Penfield Mower. Councilman Don Lawrence was absent. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and Director of Community Development Gary Jeppson. AGENDA ITEM #2 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN ACTION INITIATED BY THE TOWN COUNCIL TO AMEND THE FOUNTAIN HILLS GENERAL PLAN TO REDESIGNATE THE AREA LOCATED EAST OF SAGUARO BOULEVARD,SOUTH OF LA MONTANA DRIVE,NORTH OF PANORAMA DRIVE AND THE FOUNTAINHEAD CONDOMINIUMS, AND EAST OF THE VISTA DEL LAGO STREET ALIGNMENT FROM THE "LODGING" TO "SINGLE- FAMILY/MEDIUM" DESIGNATION OF THE FUTURE LAND USE PLAN OF THE FOUNTAIN HILLS GENERAL PLAN, CASE NUMBER GPA97-01. Mayor Miles recessed the Special Session of the Town Council and opened the public hearing at 6:31 p.m. He pointed out that the amendment to the General Plan would enable the Council to consider a future re-zoning matter on September 4, 1997. Town Manager Paul Nordin pointed out the "Lodging" designation location of the property in question on the General Plan map. He said the Council had sponsored the General Plan amendment to allow for a legal re-zoning of the entire parcel referred to as the Lakeside Village parcel. He stated the Planning & Zoning Commission had recommended the approval of the General Plan amendment with a 5-1 vote. Mayor Miles asked about the progress of a development agreement between the Town and the owner of the parcel, MCO Properties. Town Attorney Bill Farrell stated the agreement had been completed and would soon be distributed to the Council. Mayor Miles pointed out that no property in the "Lodging" designated area was being considered as a future purchase by the Town. Hank Lichman, MCO Properties, spoke in opposition to the amendment. He reviewed MCO's agreement to limit the number of housing units below the current zoning allowed as well as MCO's commitment that the property in question would not be used for the development of lodging. He said the rezoning of the 136 acres to a lesser use would constitute a down-zoning which would impact the property, the same property which the Town was considering for purchase. He said the development agreement concerning the entire 136 acres was not entirely completed and asked the Council to delay any action on the General Plan amendment until all negotiations were completed or in the alternative, to deny the amendment. Leesa Fraverd supported the amendment as the initial step for assurances of a more sensitive and selective housing- type project. She said options would still remain open in negotiations for a development agreement and encouraged the Council to approve the amendment. Carlos Hadaway, a resident of Rancho Montano, also supported the amendment. John Welsh asked for clarification of the term "lodging" as it related to a zoning district and what was allowed in a single-family medium zoning. Mayor Miles answered that lodging related to hotels and motels and that single family medium zoning permitted four to seven homes per acre. Roy Kinsey, Chairman of the McDowell Mountain Preservation Commission, also supported the amendment. Minutes of the Special Session of the Town Council 8/4/97 Page 1 of 3 Mayor Miles closed the public hearing and reconvened the Special Session of the Town Council at 6:46 p.m. L AGENDA ITEM#3-CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON THE AMENDMENT TO THE FOUNTAIN HILLS GENERAL PLAN TO REDESIGNATE THE AREA LOCATED EAST OF SAGUARO BOULEVARD, SOUTH OF LA MONTANA DRIVE, NORTH OF PANORAMA DRIVE AND THE FOUNTAINHEAD CONDOMINIUMS,AND EAST OF THE VISTA DEL LAGO STREET ALIGNMENT FROM THE "LODGING" TO "SINGLE-FAMILY/MEDIUM" DESIGNATION OF THE FUTURE LAND USE PLAN OF THE FOUNTAIN HILLS GENERAL PLAN, CASE NUMBER GPA97-01. Mayor Miles stated if the Council exercised its power of eminent domain, the property in question would not be impacted. He said if the negotiations for the development agreement were not satisfactorily completed, the option for considering a rezoning request would be agendized for the Council meeting on September 4th. Councilman Mower MOVED to approve Resolution 1997-41 which was an amendment to the General Plan. Councilwoman Wiggishoff SECONDED the motion. Councilman O'Brien asked why the lodging designation wasn't changed to single family rather than multi-family because both designations were adjacent to the parcel. Councilwoman Wiggishoff suggested the concept of the General Plan was 80% single-family residential and 20% multi-family designation and that at the present time the multi-family construction had surpassed the limitation. Town Attorney Bill Farrell said he thought the General Plan designation of multi-family in that area reflected what had already been built, i.e. in the Fountainhead Subdivision. The motion CARRIED unanimously. AGENDA ITEM #4 - DISCUSSION OF THE TELECOMMUNICATIONS ACT OF 1996 AND HOW IT WILL APPLY TO AND BE ADMINISTERED BY THE TOWN OF FOUNTAIN HILLS, INCLUDING DISCUSSION AND POSSIBLE DIRECTION TO STAFF OF HIRING CONSULTANTS TO AID THE TOWN IN THESE ENDEAVORS. Town Manager Paul Nordin stated an ordinance and application of that ordinance could have a substantial impact of where and what type of communication towers would be permitted in the Town of Fountain Hills while still being in compliance with the Telecommunications Act of 1996. He said the number of towers and height limitations should be stipulated and that a number of groups and associations were offering their services in the interpretation of allowable measures in the Telecommunications Act bill. He stated that existing structures be used as locations for monopoles and added that even though Fountain Hills was viewed as a smaller market, the Town should maximize its revenue potential in the allowance of communication towers. Town Attorney Farrell stated regulated public utilities and newly formed communication-service companies compete for business and urged the Council to carefully protect the view rights of residents of the community. He stated he thought increased activity in the communications industry would mandate technical assistance. Peter Putterman stated the configured distance to transmitters would require additional antenna sites in various elevations on a grid map. He said the Maricopa Association of Governments was working on a model ordinance. Councilman Mower suggested staff hire an expert consultant. Mr. Nordin said work on a model ordinance would continue. Susan Bittersmith said she represented cellular phone companies as well as cable television operators in planning and zoning cases and offered to present an educational demonstration of the current issues in the industry. Minutes of the Special Session of the Town Council 8/4/97 Page 2 of 3 AGENDA ITEM #5 - CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS Loo 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 #6 - ADJOURNMENT. Councilman Mower MOVED to adjourn the meeting. Councilman Poma SECONDED the motion which CARRIED unanimously. Mayor Miles adjourned the meeting at 7:35 p.m. TOWN OF FOUNTAIN HILLS By: Je Miles, yor / A 1'I'EST: 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 4th day of August, 1997. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of August, 1997. CA1-44—;--1..._(15 `)'--L-4-1/1-41.A..._, Cassie B. Hansen, Town Clerk Lise Minutes of the Special Session of the Town Council 8/4/97 Page 3 of 3