HomeMy WebLinkAbout1997.1106.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
NOVEMBER 6, 1997
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30
P.M., Thursday, November 6, 1997, in the Fountain Hills Town Hall Council Chambers, located at 16836 E.
Palisades Blvd.,Building B,Fountain Hills, Arizona.
ROLL CALL - Following the pledge to the flag by Cub Scouts Jason Sercu and Eric Knudsen Pack 243, Bear
Den#9 and the invocation by Councilman Lawrence, roll call was taken. Present for roll call were the following
members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Marianne Wiggishoff and
Councilmembers Bill O'Brien, Don Lawrence, Sid Apps, Al Poma and Penfield Mower. Also present were Town
Manager Paul Nordin,Town Attorney Bill Farrell,Assistant Town Attorney Andrew McGuire,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. Vice Mayor Wiggishoff
asked to remove the minutes for October 16, 1997 for future consideration. Councilman Lawrence asked to remove
Agenda Item#5 for clarification.
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF OCTOBER
14TH, 16TH AND 28TH, 1997.
AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY
SHARON MORGAN AND THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL
THANKSGIVING DAY PARADE TO BE HELD ON THURSDAY,NOVEMBER 27, 1997 FROM 6:30 A.M.
TO 11:00 A.M. THE PARADE WILL REQUIRE PARTIAL STREET CLOSURE ON PANORAMA FROM
SAGUARO BOULEVARD TO EL LAGO BOULEVARD; TOTAL CLOSURE OF SAGUARO
BOULEVARD BETWEEN EL LAGO AND PALISADES BOULEVARD; TOTAL CLOSURE OF
PALISADES BOULEVARD BETWEEN SAGUARO BOULEVARD AND LA MONTANA DRIVE; AND
TOTAL CLOSURE OF LA MONTANA BETWEEN LA MONTANA DR.AND PARKVIEW AVENUE.
AGENDA ITEM #3 - CONSIDERATION OF THE APPLICATION FOR EXTENSION OF
PREMISE/PATIO PERMIT SUBMITTED BY ROSEMARY BARRINGER FOR THE SILVER STEIN
LOCATED AT 17030 ENTERPRISE DRIVE. THE APPLICATION IS FOR A TEMPORARY
EXTENTION OF THE STEIN'S LIQUOR LICENSE FOR FRIDAY, SATURDAY AND SUNDAY,
NOVEMBER 7TH,8TH AND 9TH.
AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1997-51_, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS IN PLATS 105, 106, 107 A,B, C.
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1997-53, DESIGNATING THE ELECTION
DATE AND PURPOSE OF ELECTION; DESIGNATING THE DEADLINE FOR VOTER
REGISTRATION; AND DESIGNATING THE PLACE AND THE LAST DATE FOR CANDIDATES TO
FILE NOMINATION PAPERS.
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Councilman Apps MOVED to approve the Consent Agenda as read. Councilman Lawrence SECONDED the
motion. A roll call vote was taken with the following results:
Councilman Lawrence Aye
Councilman Poma Aye
Councilman Apps Aye
Councilman Mower Aye
Councilman O'Brien Aye
Vice Mayor Wiggishoff Aye
Mayor Miles Aye
The motion CARRIED.
AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1997-52, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY EASEMENTS
ALONG THE NORTHERLY AND EASTERLY PROPERTY LINES OF PLAT 506-C, BLOCK 1, LOT 52
(14710 EAST GOLDEN EAGLE BOULEVARD) AS RECORDED IN BOOK 159 OF MAPS, PAGE 31
RECORDS OF MARICOPA COUNTY,ARIZONA. (GRUPP—EA97-24).
Councilman Lawrence asked for clarification regarding why the garage for this property was only one foot from the
property line. Town Engineer Randy Harrel stated the house and garage had been built prior to the Town's
incorporation. Councilman Lawrence MOVED to approve Resolution 1997-52 as presented. Vice Mayor
Wiggishoff SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #7 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE REQUEST
SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION, 16850 EAST AVENUE OF
THE FOUNTAINS. THE REQUEST IS FOR FRIDAY,SATURDAY AND SUNDAY, NOVEMBER 7TH, 8T/1
AND 9TH FROM 9:00 A.M.TO 11 P.M.ON FRIDAY AND SATURDAY AND 10:00 A.M.TO 11:00 P.M.ON
SUNDAY. THE PURPOSE OF THE EVENT IS TO RAISE MONIES FOR THE HIGH SCHOOL
SCHOLARSHIP FUND.
Town Clerk Cassie Hansen stated this routine application had been removed from the Consent Agenda at the request
of a councilmember who desired to discuss the 11:00 p.m. closing time requested by the American Legion. She
confirmed that the approved closing times last year during the Arts & Crafts Festival were 8:00 p.m. on Friday and
6:00 p.m. on Saturday and Sunday. Last Spring, the closing time was 9:00 p.m.
Richard LaPenta, Club Manager for the American Legion, offered to revise the closing times to 9:00 p.m. each night
rather than 11:00 p.m. Councilman Apps MOVED to approve the special event liquor license request for the
American Legion with the revised closing time of 9:00 p.m. Councilman Poma SECONDED the motion, which
CARRIED unanimously.
AGENDA ITEM #8 - DISCUSSION OF THE CONSEQUENCES OF THE SANITARY DISTRICT
COMMISSION'S MORATORIUM ON NEW SUBDIVISIONS, WITH POSSIBLE DIRECTION TO
STAFF.
,. Ron Huber, General Manager of the Sanitary District, told the Council a special meeting had been held on
November 5, 1997 regarding the Commission's moratorium which would only affect new subdivisions, not existing
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platted lands. He stated replats would also fall under the moratorium as well as governmental buildings in
undeveloped, unplatted lands such as Town Center III. He said the moratorium resolution would be revised to
provide for the definition of the term "subdivision". Mayor Miles questioned whether the Civic Center project
would be affected by the moratorium. Mr. Huber declined to answer and deferred to the Sanitary Board.
Mayor Miles suggested a joint session between the Council and the Sanitary Board be held after January 1, 1998 to
resolve questions of the Council. He said he was concerned about approving permits at the Town Hall level and
having the moratorium affect the projects. Councilman Poma asked Mr. Huber how long it would be before the
effluent disposal problem would be solved. Mr. Huber gave a brief history detailing the issues in securing a
resolution to the disposal problem by using Indian lands. He stated that after the Salt River-Maricopa Indian tribe
had completed negotiations with the City of Mesa for an intergovernmental agreement, the Indian tribe would be in
a position to negotiate with the Town of Fountain Hills. He expected this to take place after December. Mr. Huber
stated a discharge permit would be still needed from the EPA but application for the permit would not take place
until after negotiations for using Indian lands had been successfully completed.
Councilman Apps asked whether the effluent problem would be remedied if Fountain Hills Golf Course used
effluent to water the golf course. Mr. Huber stated that the solution to effluent disposal problems would entail
significantly more retention than the golf course could handle. He said measures needed to be taken for storing
effluent in large lakes for utilization during peak demand periods in the summer months. He suggested the golf
course consider using effluent as a feasible measure to assist in the disposal problem. Mayor Miles stated that a
joint session to discuss interim, alternative sources for effluent disposal would be useful.
Mayor Miles asked if it was prudent for the Council to approve developments if the Sanitary District was not in a
position to service those developments. Town Manager Nordin suggested the Town Attorney review information
supplied by the Sanitary District and return an opinion to the Council. Mayor Miles expressed his concern about
possible policy changes due to the new membership of the Sanitary Board. Councilman Lawrence stated he thought
legal opinions had been given which indicated that the Town could approve developments based on land usage and
conformance to Town restrictions. Assistant Town Attorney Andrew McGuire stated a legal opinion had not been
given relative to the moratorium as it related to issuance of Town permits and that a review of the written
moratorium resolution was pertinent.
Councilman Poma asked Mr. Huber if there would be a problem if no additional subdivisions were approved. Mr.
Huber stated he had predicted in May, 1997 that there was a little over one year before the maximum effluent
capacity would occur, but new flow meter facilities at the treatment plant had enabled the extension of this
projection. Councilman Mower asked about the timeframe for approval from tribal officials. Mr. Huber said it was
difficult to predict a specific timeframe but estimated it to be at least six months. Mayor Miles asked if there was an
alternate plan and Mr. Huber indicated no additional options had been considered.
Shawn Fleming, a director of the Sanitary Board, recommended that the Council proceed with the Town's business
and likewise allow the Sanitary Board to proceed with their issues without overreacting to future options. Chris
Marchell suggested the two agencies work together. Vice Mayor Wiggishoff asked about the involvement of other
agencies in the procedure for issuing building permits. Mr. Nordin stated that numerous meetings for technical
review were held when new subdivisions were requested and these meetings included the Sanitary District. Mr.
Fleming pointed out that the moratorium provided for an exemption to platted subdivisions.
AGENDA ITEM #9 - CONSIDERATION OF ORDINANCE 97-38, AMENDING THE TOWN CODE,
CHAPTER 2, MAYOR AND COUNCIL, ARTICLE 2-4, COUNCIL PROCEDURE, SECTION 2-4-8,
COMMITTEES AND COMMISSIONS, BY ADDING A REFERENCE TO APPOINTED BOARDS AND
BY ADDING PROVISIONS REGARDING THE OATH OF OFFICE TO BE ADMINISTERED TO NEW
APPOINTEES.
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Assistant Town Attorney Andrew McGuire stated the purpose of this ordinance was to conform to current state
statute oath requirements to allow for the swearing in of officials at the first meeting they attend. Vice Mayor
Wiggishoff MOVED to approve Ordinance 97-38 as presented. Councilman Apps SECONDED the motion, which
CARRIED unanimously.
AGENDA ITEM #10 - CONSIDERATION OF ESTABLISHING THE COMPOSITION OF A COUNCIL
SUB-COMMITTEE CHARGED WITH STUDYING AND RESEARCHING AN ORDINANCE WHICH
WOULD REQUIRE ALTERNATIVE FUELED PORTABLE GENERATORS ON CONSTRUCTION
SITES AND OTHER APPLICATIONS INCLUDING ALL GASOLINE AND DIESEL POWERED
ENGINES.
Councilman Apps stated he would serve as chairman and recommended other members be Gordon Pittsenbarger,
Margaret Gelinas, Dennis Regeski, Ernie Noland, Sam Cobb, Wendell Oliphant, Martin Dawson, Cecilia Kelly for
SRP, a member from Southwest Gas, Robb Kuta, Pat Davis, Joan Blankenship and Rick Melendez along with legal
staff. Mayor Miles suggested the sub-committee consider the possibility of using street vacuum cleaners.
Councilman Apps MOVED to establish the sub-committee as presented. Councilman Poma SECONDED the
motion, which CARRIED with a 6-1 vote. Councilman Lawrence cast the nay vote.
AGENDA ITEM #11 - CONSIDERATION OF THE PROPOSED LAW ENFORCEMENT CONTRACT
WITH THE MARICOPA COUNTY SHERIFF'S OFFICE FOR LAW ENFORCEMENT SERVICES FOR
THE TOWN OF FOUNTAIN HILLS, COMMENCING NOVEMBER 1, 1997 AND CONTINUING
lbw THROUGH JUNE 30,2000.
Mayor Miles reviewed several of the new concepts in the law enforcement contract. One of them created a position
entitled "Administrator of Police Services" who would be hired to coordinate services between the Marshal's
Department and the Sheriff's Department. He stated the concept of community based policing would provide for
the Sheriff's vehicles to denote that their vehicles were for the Town of Fountain Hills and that the deputies would
wear badges identifying them as members assigned to Fountain Hills. Other issues in the contract provided for
deputies to be assigned for a minimum of two years, transfer allowances, and to allow for dismissal of any officer in
charge with Council approval. Mayor Miles said the most important facet of the contract would provide for a single
telephone number for the public to use when requesting police services other than emergency services, that being
837-8800.
Vice Mayor Wiggishoff commended the Sheriff's Office and Town Marshal Steve Gendler for their input during
contract negotiations. Marshal Steve Gendler stated the proposed contract represented a mutual effort to address
local needs as well as operating needs.
Councilman Mower MOVED to approve the law enforcement contract as presented. Vice Mayor Wiggishoff
SECONDED the motion, which CARRIED with a 6-1 roll call vote. Councilman Lawrence cast the nay vote.
AGENDA ITEM #12 - CONSIDERATION OF AWARDING CONSTRUCTION BID #GEP97-014 IN THE
AMOUNT OF$947,780 TO MARKHAM CONTRACTING,INC. FOR GOLDEN EAGLE PARK PHASE 5.
Mr. Nordin stated that the bids received were under the budgeted amounts for this project, however, the optional bid
tikiw deduction item had resulted in bidding discrepancies. The differences in lighting systems on two fields needed to be
determined if each system, the Qualite system and the Musco TLC system, were to be identified as equal in the
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specifications for bidding. He stated that the Musco TLC system had proven itself to be a reliable, efficient lighting
system and staff recommended the bid be awarded to Markham Contracting rather than switching to the Qualite
system, a newly developed, alternate system.
Councilman O'Brien MOVED to rebid the construction bid for Phase 5 of Golden Eagle Boulevard specifying the
Musco TLC system. Councilman Poma SECONDED the motion. Councilman Lawrence declared a conflict of
interest regarding this issue and abstained from discussion and voting.
Vice Mayor Wiggishoff stated the bidding process had been complicated by the optional deductive item in the
bidding document. Councilman Mower said more studies relating to the new lighting system should be conducted
to determine if the Qualite was a better system. Councilman O'Brien suggested the lighting system be awarded to a
compatible manufacturer.
The motion CARRIED with a 6-0 vote. Councilman Lawrence abstained from voting.
AGENDA ITEM #13 - CONSIDERATION OF A PARKS AND RECREATION FEE SCHEDULE AND A
FEE WAIVER FORM.
Parks & Recreation Coordinator David Wood said facility fee schedules, effective January 1, 1998, had been
researched by staff, the Chamber of Commerce and the Parks & Recreation Commission. Mr. Wood explained the
four categories for charging facility usage fees and pointed out that non-residents would be charged double fees. He
said any Fountain Hills resident who initiated the application for a group reservation could obtain the Fountain Hills
rate. Mayor Miles suggested the language should be changed in the application for waiver of fees for charitable,
non-profit organizations to include all local groups in which all net proceeds go into fund raising activities.
Michael Bush, speaking for the Chamber of Commerce, stated there wasn't any consideration for the Chamber's
ability to bring in sales tax revenue to the Town.
Councilman Apps MOVED to approve the Parks & Recreation fee schedule and fee waiver form as presented.
Councilman Poma SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#14 - CONSIDERATION OF A DEVELOPMENT PLAN FOR FOUNTAIN PARK AND A
REQUEST FOR$47,725 TO DEVELOP A PARK MASTER PLAN INCLUDING TOPOGRAPHIC MAPS.
Mayor Miles asked Director of Parks&Recreation Robin Goodman whether the Town would proceed with improvements prior to
the development of a park master plan. Ms. Goodman stated that the results of a recent user survey would assist in determining
future needs for the master plan. She stated the perimeter sidewalk project would probably be the only project to be completed as
scheduled and that future needs would be part of a Heritage Grant request.
Councilman Lawrence MOVED to approve the request for a development plan and a Park Master Plan for $47,725 for Fountain
Park. Vice Mayor Wiggishoff SECONDED the motion,which CARRIED unanimously.
AGENDA ITEM #15 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR SALIDA
VILLA CONDOMINIUMS, A 2 UNIT CONDOMINIUM PROJECT LOCATED AT 17044 E. SALIDA
DRIVE,AKA,PLAT 201,BLOCK 3,LOT#11,CASE NUMBER S97-045.
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Planner Geir Sverdrup referred to his staff report concerning this fully-constructed project. Councilman Lawrence
MOVED to approve the preliminary and final plat for Salida Villa Condominiums,Case Number S97-045 as presented.
. Councilman Poma SECONDED the motion, which CARRIED with a 6-1 vote. Councilman Mower cast the nay vote.
AGENDA ITEM #16 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR CAMBRIA
COURT CONDOMINIUMS, AN 18 UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 13606
CAMBRIA DRIVE,AKA,PLAT 103,BLOCK 3,LOT 5A. CASE#S97-044.
Planner Geir Sverdrup referred to his staff report concerning this project which was under construction. Mr. Jeppson
stated the Sanitary District had approved both phases of the Cambria Court Condominium project. Councilman
Lawrence MOVED to approve the preliminary and final plats for Cambria Court Condominiums, Case Number S97-
044 as presented. Councilman Poma SECONDED the motion.
Frank Kovitz asked for a clarification as he felt that an 18-unit development was too dense for the property. Mayor
Miles stated that the applicant had the legal right to apply for a building permit and that the Council had no input into
the project. Mr.Sverdrup affirmed a maximum of 19 units was allowed for this property in the"R-3"zoning district.
Chris Marchell suggested the community had to consider downzoning of properties in the Town to prevent dense
developments even though it would adversely affect property values. Mayor Miles responded that at a certain point the
Town had the power to change zoning and would not be deemed to have "taken" property. He asked the Town
Attorney for his input. Mr. Farrell responded by saying that as long as an application had been submitted under the
current zoning of the property, the property was considered vested. He said six of seven Council members needed to
approve a rezoning of a property in the event an owner protested the change. He added that the community could not
initiate a referendum to change zoning of any property.
• b1 f the state legislat„re t„ cha„o 0 0 0_their rulings regardding revisions to Genera, Plan Vice Mayor
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Wiggishoff noted that state regulations regarding the super majority required to change the zoning on a property against
the wishes of the owner have made it difficult for the Town to implement its General Plan which the state required the
town to have. Obtaining relief from the state legislature would be difficult. The situation has been brought to the
attention of our state senator. Mayor Miles pointed out that the hillside preservation ordinances had affected
development in the Town and additional considerations would be addressed in the future concerning restricting height
limitations. Councilman O'Brien suggested the charter government system should be re-considered as it could provide
powers for an architectural commission.
The motion CARRIED with a 5-2 vote. Councilman Mower and Mayor Miles cast the nay votes.
AGENDA ITEM #17 - PUBLIC HEARING ON AN AMENDMENT TO CHAPTER 12 OF THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PERMIT VEHICLE STORAGE YARDS IN THE
"C-2" AND"C-3" ZONING DISTRICTS BY SPECIAL USE PERMIT ONLY; CASE#Z97-19.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:25 p.m. Director of
Community Development Gary Jeppson said this amendment would permit vehicle storage yards in C-2 and C-3 zoning
districts by special use permit only. He stated recently approved ordinances restricted parking of commercial vehicles
and this ordinance amendment was initiated by the Town Council and that the Planning & Zoning Commission had
recommended denial of this amendment. He said the P&Z Commission felt there was sufficient areas in the C-3 zoning
districts and that industrial-zoned areas would be more appropriate for vehicle storage yards.
Vice Mayor Wiggishoff asked Mr.Jeppson if some overlay zoning in the downtown area would prohibit vehicle storage
yards. Mr. Jeppson stated overlay zoning should be approved for those areas where uses such as vehicle storage yards
were more appropriate.
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Charlie Ryan, owner of Red Rock Auto Service, spoke in opposition to allowing vehicle storage yards in C-2 zoned
areas. Mark Harness, All Pro Towing, asked what kinds of vehicles could be stored in a vehicle storage yard. Mr.
Jeppson responded by saying that all vehicles must be licensed and operable.
Mayor Miles closed the public hearing at 8:33 p.m. and reconvened the Regular Session of the Town Council.
AGENDA ITEM#18- CONSIDERATION OF ORDINANCE#97-39,AMENDING CHAPTER 12 SECTIONS
12.05 USES SUBJECT TO SPECIAL USE PERMITS IN C-2 ZONING DISTRICTS ONLY AND 12.06 USES
SUBJECT TO SPECIAL USE PERMITS IN C-3 ZONING DISTRICTS ONLY OF THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PERMIT VEHICLE STORAGE YARDS IN THE
"C-2" AND "C-3" ZONING DISTRICTS BY SPECIAL USE PERMIT ONLY; CASE#Z97-19.
Councilman Poma MOVED to approve Ordinance 97-39 as presented. Councilman Apps SECONDED the motion,
which CARRIED with a 5-2 roll call vote. Councilman O'Brien and Vice Mayor Wiggishoff cast the nay votes.
AGENDA ITEM #19 - CONSIDERATION OF THE PRELIMINARY PLAT FOR TOWN CENTER II, A 5
LOT, 38.83 ACRE AREA, LOCATED EAST OF LAVIDA BUENA CONDOMINIUMS, NORTH OF EL
LAGO DRIVE ALIGNMENT, WEST OF LA MONTANA DRIVE, AND SOUTH OF THE U.S. POST
OFFICE,AVENIDA VIDA BUENA,AND AVENUE OF THE FOUNTAINS; CASE#S97-038.
Mr. Jeppson stated this five-lot parcel would be zoned "C-2" and pointed out the location of the subdivision on a plat
440 map. He said this project would transfer 3.6 acres of land for hillside protection along the Mary Munde alignment on
Lot 1. Also approximately 84' of the right of way would be split between MCO Properties and the LaVida Buena
Homeowners Association. A meandering sidewalk/bike path would also be constructed. He stated there was a
stipulation requiring a special use permit application for any residential unit in this development. Mr. Jeppson called
attention to the centralizing of the hillside transfer in one location rather than two locations as was previously submitted.
He said there was a development agreement which provided up to eighteen residential units per acre.
Chris Marchell suggested the Town consider purchasing Lot 1 for desert preservation purposes. Mr. Jeppson stated Lot
1 was the former 17-acre civic center site but that only 3.6 of those acres were slated for preservation.
Councilman Lawrence MOVED to approve the preliminary plat for Town Center II with all staff stipulations as
presented. Councilman Apps SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#20- CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT TO
THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY AMENDING THE OFF-PREMISE
SIGN REGULATIONS IN CHAPTER 6, SECTION 6.08 TEMPORARY SIGNS, OF THE ZONING
ORDINANCE FOR THE FOUNTAIN HILLS. CONTINUED FROM THE SEPTEMBER 4, 1997 MEETING.
Dori Wittrig, speaking on behalf of the temporary sign sub-committee, suggested guidelines for prohibiting certain off
premise signs be included in the proposed amendment. She submitted additional suggestions of a one-mile interval
between directional signs, no more than five signs per location, and a 500-yard limitation between signs to any one
location. She said she thought a delay in approving this amendment would allow time to discuss limitations and
guidelines.
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Councilman Lawrence MOVED to table discussion until the next Council meeting. Councilman Poma SECONDED
the motion,which CARRIED unanimously.
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AGENDA ITEM #21 - PUBLIC HEARING FOR ORDINANCE 97-41, A PROPOSAL TO REZONE 4.20
ACRES OF LAND WITHIN PARCEL "G" 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 "G-SOUTH"
SUBDIVISION WILL BE LOCATED IN THE "OSR" ZONING DISTRICT,CASE NUMBER Z96-032.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:50 p.m. Planner Jeff
Valder stated this ordinance was similar to other clean-up ordinances in the Sunridge Canyon development to zone all
non-lotted tracts to open space and the remainder to"R1-6A".
Ray Baldwin,Sunridge Canyon,clarified that a table showing the amount of hillside disturbance during the construction
period for Sunridge Canyon should have indicated 16.288 acres of open space for Parcel J rather than 11.288 acres.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:53 p.m.
AGENDA ITEM#22-CONSIDERATION OF ORDINANCE 97-41,A PROPOSAL TO REZONE 4.20 ACRES
OF LAND WITHIN PARCEL "G" 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 "G-SOUTH" SUBDIVISION
WILL BE LOCATED IN THE "OSR" ZONING DISTRICT,CASE NUMBER Z96-032.
Councilman Apps MOVED to approve Ordinance 97-41 as presented. Councilman Lawrence SECONDED the
motion,which CARRIED unanimously.
AGENDA ITEM #23 - CONSIDERATION OF A FINAL PLAT FOR SUNRIDGE CANYON PARCEL "G-
SOUTH", A 17.55 ACRE, 55-LOT SUBDIVISION LOCATED EAST OF SUNRIDGE DRIVE AND SOUTH
OF DESERT CANYON DRIVE,CASE NUMBER S95-053.
Planner Jeff Valder stated the preliminary plat had included approval of cuts and fills over the 10' limits.
Councilman Lawrence MOVED to approve the final plat for Sunridge Canyon Parcel "G-South", Case Number
S95-053. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #24 - CONSIDERATION OF A DEVELOPMENT AGREEMENT FOR THE
TOLKAPAYA VILLAGE CONDOMINIUMS.
Planner Jeff Valder stated the applicant had applied for this project two years ago and had made significant changes
to the project during the review period. He said staff felt the project could change over the next year but thought
the applicant should be made aware that if the project changed, it would have to conform to the new standards. He
said the applicant, because he had started the process before hillside standards were changed, was deemed to have
vested rights to use the old standards and also could build 212 apartment units. He stated that a reasonable length of
Lw time had elapsed since the first application for this project and that the applicant would be required to use the
current hillside standards if changes were made to the project after the preliminary plat approval.
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Town Attorney Bill Farrell said the development agreement had not been mutually acceptable and that now there
were three options the Council could consider. First was the option to approve the preliminary plat as submitted.
Second was the option to reject the preliminary plat and third, to continue the drafting of a workable development
agreement. He asked the Council to either approve the 100-unit condominium preliminary plat without a
development agreement or reject the preliminary plat.
Mayor Miles stated staff had suggested a one-year statute of limitations be imposed for the submission of the final
plat, otherwise the applicant could re-apply using current standards.
Michael Naim, the applicant, requested an opportunity to speak before the Council. He asked the Council to
approve the development agreement, which would allow him to further revise his plans. The former suggested
perimeters which were to be included in the development agreement were to limit the three-story buildings, that the
open space remain at 80,000 square feet and that no more than 100 or less than 96 condominiums be built. He
stated that staff had requested in the development agreement that any changes to the plan such as the alignment of
streets or changing boundaries of the hillside protection easement would be reviewed under the current standards.
He offered to stipulate that no more than 96 units be built.
Councilman Mower MOVED to discontinue the consideration of a development agreement. There was no second
to the motion,the motion DIED.
Councilman O'Brien stated that if the applicant had a development agreement he was willing to present,
consideration would not be refused. Mr. Valder stated the application had been first presented in August of 1995
but that when the Council adopted the Subdivision Code, retroactive language was inserted that an applicant had a
three-month time period from receipt of redlines within which to resubmit plans meeting all of the redline
comments. He said that as long as the applicant continues work every 90 days and re-submits and addresses staffs'
comments,the applicant was able to change his plans.
Mayor Miles again asked if any councilmember desired to make a motion regarding the development agreement.
Since there was no motion, the meeting proceeded to the next agenda item.
AGENDA ITEM #25 - RECONSIDERATION OF A PRELIMINARY PLAT FOR THE TOLKAPAYA
VILLAGE CONDOMINIUMS, A 100-UNIT DEVELOPMENT PROPOSED ON THE 9.79-ACRE LOT 1 OF
THE TOKPELA SUBDIVISION, WHICH IS LOCATED WEST OF FOUNTAIN HILLS BOULEVARD,
EAST OF MOUNTAINSIDE DRIVE, NORTH OF THE SHEPHERD OF THE HILLS LUTHERAN
CHURCH AND SOUTH OF THE FOUR PEAKS VISTA CONDOMINIUMS,CASE NUMBER S95-063.
Mayor Miles told the applicant,Mr. Naim, that he was more than welcome to make additional changes in the period
between the preliminary and final plat approval stages. Councilman O'Brien MOVED to approve the preliminary
plat for the Tolkapaya Village Condominiums, Case Number S95-063. Councilman Poma SECONDED the
motion.
Mr. Naim said any changes he would submit would be minor changes and further pledged to continue with
development of a project that the entire town would accept.
Mayor Miles asked Town Attorney Farrell if the applicant proposed to make changes between now and the
acceptance of the final plat, was it appropriate to consider changes. Mr. Farrell stated that if the developer
submitted a final plat which deviated from the 100 units, the Council would not be under an obligation to approve
the final plat. If the final plat was identical to the preliminary plat presented at this time, the final plat would be
expected to be approved. If after one year from the approval of the preliminary plat, the preliminary plat would
expire. Mayor Miles assured the applicant that if he desired to present a more improved project, the Council would
certainly consider it.
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The motion CARRIED with a 6-1 vote. Councilman Apps cast the nay vote.
AGENDA ITEM #26 - DISCUSSION AND DIRECTION TO STAFF REGARDING CONSTRUCTING
THE CULVERT ACROSS MOUNTAINSIDE DRIVE AT ARROW WASH WITH TOLKAPAYA
VILLAGE CONDOMINIUMS.
Town Engineer Randy Harrel stated that the Town would assume part of the costs for the construction of a culvert
across Mountainside Drive and that the culvert appeared on the preliminary plat. He said the cost of the culvert would
be approximately $30,000 and staff recommended acceptance of the culvert construction. Councilman O'Brien
MOVED to approve the construction of a culvert in accordance with the staff report. Vice Mayor Wiggishoff
SECONDED the motion,which CARRIED unanimously.
AGENDA ITEM #27 - CONSIDERATION OF A PARTICIPATION AGREEMENT WITH MCO
PROPERTIES FOR TOWN CENTER I.
Mr. Harrel stated the final plat for the Town Center I project had been approved which included work on the
existing streets of Fountain Hills Boulevard, Palisades Boulevard and Avenida Vida Buena. He said a joint
agreement with the developer had been reached with an additional statement added to include $47,000 of concrete
curb and sidewalk work by the Town and the reduction of that amount to MCO making the total amount of
contribution by MCO a maximum of$100,000.
Councilman Mower MOVED to approve the participation agreement with MCO Properties including the change as
outlined by Mr. Harrel. Councilman Apps SECONDED the motion, which CARRIED unanimously.
cor
AGENDA ITEM #28 - CONSIDERATION OF TWO INTERGOVERNMENTAL AGREEMENTS WITH
THE MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FOR SHEA BOULEVARD
WIDENING AT THE EAST AND WEST TOWN LIMITS.
Town Engineer Randy Harrel reported that the two agreements had not yet been received from Maricopa County
DOT, therefore staff asked the Council to continue discussion to a future meeting. Mayor Miles told Mr. Harrel to
inform the Council when the agreements had been received.
AGENDA ITEM#29 - CONSIDERATION OF RESOLUTION 1997-54, ABANDONING THE RIGHT-OF-
WAY FOR BOXWOOD, OAKWOOD AND TEAKWOOD AND THE PARKING LOT AISLES TO THE
SAGUARO WOODS HOME OWNERS ASSOCIATION IN ACCORDANCE WITH THE AGREEMENT
MADE 10/7/93; WITH STIPULATIONS.
Councilman Apps MOVED to approve Resolution 1997-54 as presented. Councilman Lawrence SECONDED the
motion, which CARRIED unanimously.
AGENDA ITEM #30 - CONSIDERATION OF A CONTRACT OF EMPLOYMENT FOR TOWN
MANAGER,PAUL NORDIN.
Town Attorney Farrell stated the Town Manager's contract would be a bi-annual contract reflecting a salary change to
$85,020 effective October 27, 1997 and included a severance pay clause which would be effective until the next Council
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Page 10 of 11
convenes on June 5, 1998. Mayor Miles asked when the salary of the Town Manager had last been adjusted. Mr.
Farrell responded that the Town Manager had not received an increase in more than three years. Councilman O'Brien
MOVED to approve the employment contract for the Town Manager. Vice Mayor Wiggishoff SECONDED the
motion.
Councilman Lawrence questioned Item#7 which dealt with severance pay for the Town Manager. He commended the Town
Manager for his excellent performance but said he felt that six month's severance pay was excessive and fiscally irresponsible.
Councilmen Lawrence MOVED to amend the motion to change the severance pay to three months. Councilman Poma
SECONDED the amendment. Mr. Farrell stated that the Council could consider any time period for severance pay but that the
average period for severance was six months. The amendment FAILED with a 4-3 roll call vote. Councilman Poma,Lawrence
and Apps cast the aye votes.
The motion to approve the Town Manager's contract CARRIED with a 5-2 vote. Councilman Apps and Lawrence cast
the nay votes.
AGENDA ITEM#31-CALL TO THE PUBLIC.
Chris Marchell suggested the Council consider preparing a written document outlining the issues regarding
development in the community and the Council's recommendations to enable the public to be able to understand
and take part in future discussions.
AGENDA ITEM#32-ADJOURNMENT.
cie Councilman Lawrence MOVED to adjourn the meeting. Vice Mayor Wiggishoff SECONDED the motion,
which CARRIED unanimously. The meeting adjourned at 9:30 p.m.
TOWN OF FOUNTAIN HILLS
By:
1 • , )gt . ) J Mil ,Mayor
Cassie B.Hansen,Town Clerk
PREPARED BY: .(.%-
Linda D.Lemmen,Administrative Assistant
CER 111-1CATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting held by
the Town Council of Fountain Hills on the 6th day of November 1997. I further certify that the meeting was duly called and
that a quorum was present.
DATED this 20th day of November 1997.
Cassie B.Hansen,Town Clerk
Town Council Regular Session 11/6/97
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