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HomeMy WebLinkAbout1997.1218.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE /40110, FOUNTAIN HILLS TOWN COUNCIL DECEMBER 18, 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, December 18, 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 Town Clerk Cassie Hansen and the invocation by Pastor Glenn Atchinson, of the Fountain Hills Presbyterian Church, 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, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson,Town Engineer Randy Harrel and Planners Jeff Valder and Geir Sverdrup. Mayor Miles announced that all agenda items, #27-#32, relating to the Firerock Country Club were being removed from the agenda and referred back to the Planning&Zoning Commission for further consideration. The consent agenda was read by Mayor Miles, which consisted of the following agenda items: AGENDA ITEM#1 - CONSIDERATION OF THE RESOLUTION 1997-63,SUPPORTING LEGISLATION PROPOSED BY THE MARICOPA COUNTY ASSESSOR TO IMPROVE THE EQUITY OF THE ASSESSMENT OF PROPERTY VALUE WITHIN MARICOPA COUNTY, AND ENCOURAGING THE STATE LEGISLATURE TO IMPLEMENT THE PROPOSED AMENDMENTS. AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE CHAMBER OF COMMERCE FOR THE SILVER CAR AUCTION TO BE HELD JANUARY 9TH, 10TH AND 11TH, 1998. THE EVENT WILL OCCUPY PORTIONS OF BLOCKS 3, 4, 5 AND 6, PLAT 208, THE WEST SIDE OF FOUNTAIN PARK AND SAGUARO BOULEVARD BETWEEN THE AVENUE OF THE FOUNTAINS AND PARKVIEW,WITH STIPULATIONS STATED IN MARSHAL GENDLER'S MEMO. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY THE AMERICAN LEGION FOR JANUARY 9TH, 10TH AND 11TH, 1998. THE LICENSE WILL BE USED IN CONJUNCTION WITH THE SILVER CAR AUCTION. AGENDA ITEM#4- CONSIDERATION OF THE REPLAT FOR HOLIDAY INN TO JOIN LOTS 1 AND 2 OF PLAT 705. AGENDA ITEM #5 - CONSIDERATION OF A FINAL PLAT REPLAT FOR LOTS 16 & 17, BLOCK 1, PLAT 106,TO REMOVE THE EXISTING COMMON LOT LINE; CASE#597-053. AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1997-66, ABANDONING WHATEVER RIGHT, TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN SLOPE EASEMENTS ALONG THE SOUTH AND WEST PROPERTY LINES OF LOT 4 AND PARCEL 5 AT EAGLE MOUNTAIN, AS RECORDED IN BOOK 406 OF MAPS, PAGE 12 RECORDS OF MARICOPA COUNTY, ARIZONA. (4110, (EAGLE MOUNTAIN INVESTORS-EA97-30). Town Council Regular Session 12/18/97 Page 1 of 12 AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 1997-67 ABANDONING WHATEVER ‘mor RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY EASEMENTS ALONG THE NORTHEASTERLY PROPERTY LINE OF LOT 2,PLAT 605D, BLOCK 5, (11267 PINTO DRIVE), AS RECORDED IN BOOK 164 OF MAPS, PAGE 15 RECORDS OF MARICOPA COUNTY, ARIZONA. (RHINEHART CONST.,LLC-EA97-31). AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 1997-68, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY EASEMENT ALONG THE EASTERLY PROPERTY LINE OF LOTS 10, OF PARCEL D-SOUTH AT SUNRIDGE CANYON, (LOT 1 - 14517 NORTH LARK COURT, LOT 2 - 14601 NORTH LARK COURT.), AS RECORDED IN BOOK 422 OF MAPS, PAGE 31 RECORDS OF MARICOPA COUNTY, ARIZONA. (SUNRIDGE CANYON,LLC-EA97-32). AGENDA ITEM #9 - CONSIDERATION OF APPROVING THE MINUTES OF THE 12/4/97 COUNCIL MEETING. Vice Mayor 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 Vice Mayor Wiggishoff Aye Councilman Apps Aye Councilman Lawrence Aye Councilman Mower Aye Councilman O'Brien Aye Mayor Miles Aye (11110, The motion CARRIED. AGENDA ITEM #10 - CONSIDERATION OF ESTABLISHING AN IMPROVEMENT DISTRICT FOR THE COTTONWOODS. THE DISTRICT WOULD PROVIDE FOR PERIMETER FENCE REPAIR, NEW LANDSCAPING INSTALLATION AND MAINTENANCE. Vice Mayor Wiggishoff stated the Cottonwoods Subdivision, located by the corner of Grande and Saguaro Boulevards, did not have a homeowners association and had not provided for landscaping around the perimeters of the subdivision walls. She said residents had requested the formation of an improvement district with bonds provided by the Town in the amount of$50,000 to assist with construction of a sidewalk on Saguaro, landscaping and wall painting and repairs. She said the bond would be repaid by the Cottonwood Subdivision homeowners at the rate of $140 per year per homeowner for a period of 20 years via a bill sent by the Town. Vice Mayor Wiggishoff then MOVED to approve the outline of the plan and direct staff to provide all necessary documents to initiate the improvement district for the Cottonwoods Subdivision. Councilman Apps SECONDED the motion. Councilman O'Brien asked what penalties would be provided for non-payment of the assessment. Vice Mayor Wiggishoff answered that a lien would be placed on the homeowner's property in the event of non-payment. Roy Porterfield, a resident of the Cottonwoods, stated 43 out of 58 homeowners had agreed to the formation of an improvement district and 21 of the 26 homeowners, whose property was located along the perimeter wall, had also signed easements to allow improvement work to be done. He urged the Council to approve the district. Ron Halmekangas and Ilona Adams thanked the Council for their consideration. The motion CARRIED unanimously. Town Council Regular Session 12/18/97 Page 2 of 12 AGENDA ITEM #11 - CONSIDERATION OF RETURNING TRAFFIC CONTROL DECISIONS TO THE COUNCIL. Town Engineer Randy Harrel referred to his recent memorandum that detailed the history of traffic control decisions formerly made by the Council. He said the Town Code had been changed in 1991 to allow for the Town Manager or his designee to make administrative decisions concerning traffic controls. He stated Councilman Apps had suggested decisions concerning regulatory signs for arterial roadways and major collector roadways should be determined by the Council rather than by staff. Councilman Apps MOVED to return authority back to the Council for decisions concerning regulatory signs for arterial roadways and major collector roadways. Councilman Poma SECONDED the motion. Councilman Lawrence asked if traffic control lights would be included. Mr. Harrel stated he thought they should be included in the list of regulatory devices. Councilman Mower stated he thought staff was qualified to make decisions regarding traffic control devices and said he was concerned the Council would be micro-managing staff. Councilman Apps said he preferred staff make recommendations and the final determination should rest with the Council. Vice Mayor Wiggishoff supported the current process which provided for unusual cases to be discussed by the Council. Councilman Lawrence also supported the current process. The motion FAILED with a 6-1 vote. Councilman Apps cast the aye vote. AGENDA ITEM#12- CONSIDERATION OF THE COUNCIL INITIATING AN ORDINANCE LIMITING ALL BUILDINGS TO TWO STORIES. tibre Councilman Apps suggested the Council consider the limitation of all buildings to two stories. Mr. Jeppson, Director of Community Development, stated the two-story provision had been eliminated from the Zoning Ordinance when it was revised in 1993 and resulted in height restrictions rather than the number of stories of a building. On November 20, 1997, the Council had adopted a 30 foot height restriction but did not provide for the number of stories of buildings. He said the Council could modify the Zoning Ordinance to reflect a two-story maximum in all zoning districts. Councilman Apps MOVED to approve the Council initiation of an ordinance, which would impose a two-story maximum for all structures, or a maximum height of 30', whichever was less. The motion FAILED for lack of a second to the motion. AGENDA ITEM #13 - CONSIDERATION OF AMENDING THE TOWN CODE INCREASING THE BIDDER'S PREFERENCE MAXIMUM FROM$10,000 TO$50,000. Councilman Apps suggested the bidder preference maximum be raised from $10,000 to $50,000 in an effort to promote consideration of more local vendors. Mr. Nordin explained that the current policy included a 5% local bidder's preference on amounts up to $10,000. Councilman Apps MOVED to amend the Town Code to increase the bidder's preference maximum from$10,000 to$50,000. Councilman Lawrence SECONDED the motion. Mr. Nordin stated the Town was a member of the State Procurement Program and paid a yearly fee to belong to this program. He said large contracts for state-wide bids were available to municipalities and that a quantity discount had resulted from the large-scale bidding thus eliminating local bidding processes. He explained that a local bidder had been invited to bid on a police vehicle against the state contract bid amount but was unable to give a comparative price to the state contract after several attempts. Town Attorney Bill Farrell stated the bidding process was controlled by local ordinances for all items over $10,000 subject to three competitive bids. Vice Mayor Town Council Regular Session 12/18/97 Page 3 of 12 Wiggishoff asked if the purchase had been completed prior to the approval of this amendment. Mr. Nordin answered that it had not been completed. Councilman Apps asked Mr. Nordin if the local bidder had been given the 5% bidder's preference, would his bid have been lower than the state contract bid. Mr. Nordin answered affirmatively. Councilman Lawrence suggested that since the state had submitted the low bid, it should have been accepted or in the alternative, put the bid out in a formal manner as required. He said this amendment should not be approved to affect the completion of this particular bid. The motion FAILED with a 6-1 vote. Councilman Apps cast the aye vote. AGENDA ITEM #14 - CONSIDERATION OF REQUESTING MARICOPA COUNTY TO PREPARE AN ALL MAIL BALLOT ELECTION FOR THE TOWN OF FOUNTAIN HILLS FOR THE MARCH PRIMARY AND MAY GENERAL ELECTIONS. Councilman Apps asked that this matter be given further consideration due to the fact that a more substantial number of voters were expected to vote in the election if given the opportunity to vote by mail. He MOVED to approve an all-mail ballot for the elections in March and May, 1998. Councilman Lawrence SECONDED the motion. Mayor Miles said he had talked to a professional campaign manager and had been informed that the consequences of having two voting days greatly benefited those with greater name recognition and those with deeper financial pockets. Since ballots would be mailed thirty days prior to the actual election day, he stated that the period between the deadline for filing campaign papers and the date when ballots would be received by voters would only allow for actual campaigning for public office for thirty days. Councilman Lawrence stated he favored having more people participate in an election which could result in a more democratic and fair election as a net result. Councilman O'Brien expressed his apprehension over ballots being sent by mail. Vice Mayor Wiggishoff agreed with Mayor Miles comments and said she thought voters might not take enough time to know the candidates if given the opportunity to vote by mail. Councilman Lawrence pointed out that residents often found it difficult to vote due to the long lines at the polls during peak times when working people had the chance to vote and often were discouraged from submitting their votes. Wally Hudson asked if the mail-in ballot would apply to national elections. Town Clerk Cassie Hansen clarified that the motion applied to the March and May local elections. She said consolidation with the County in the future could enable future all-mail elections. The motion FAILED with a 4-3 vote. Councilman Apps, Lawrence and Poma cast the aye votes. AGENDA ITEM #15 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN ORDINANCE AMENDING ORDINANCE #92-09, THE PLANNED SHOPPING CENTER OVERLAY DISTRICT ON BLOCKS 3, 4, 5, AND 6, OF PLAT 208, TO ALLOW LOTS 10,800 OR LESS TO BE COMBINED AND STILL BE ALLOWED TO USE THE COMMON PARKING AREA TO SATISFY THE OFF-PARKING REQUIREMENTS. Mr. Jeppson referred to Ordinance 92-09, which had been approved to provide for a common parking area for lots in Plat 208 that were 6,000 square feet or less in size. He said construction on those lots could cover 100% of the lot size. He said other lots in excess of the 6,000 square feet had been required to provide separate on-lot parking rather than be allowed to use the common parking area. He said the amendment would provide lots of 10,800 square feet or less to use the common parking area as a technical issue in resolving lot combination matters. Town Council Regular Session 12/18/97 Page 4 of 12 Councilman Poma MOVED to approve the Council initiation of an amendment to Ordinance 92-09 as presented. Councilman Lawrence SECONDED the motion. Councilman Apps abstained from discussion and voting on this matter. Bill Brown, a representative of MCO Realty, stated an individual, who could not proceed with his plans if the current ordinance remained in effect,had recently purchased two lots in Plat 208. The motion CARRIED unanimously with 6 votes and 1 abstention. AGENDA ITEM #16 - DISCUSSION OF SCHOOL IMPACT FEES WITH POSSIBLE DIRECTION TO STAFF. Vice Mayor Wiggishoff referred to the recent Apache Junction's school district action of imposing school impact fees toward future school construction expenses and that Town Attorney Bill Farrell had participated as counsel for Apache Junction's actions. Mr. Farrell stated an intergovernmental agreement had acknowledged that new residential development had impacted capital requirements of the school district and that this was the first time this action had been implemented in the state. He said that after an feasibility study was completed and a public hearing, a 90-day period to allow contractors to apply for permits prior to the implementation of impact fees would occur. Mr. Nordin stated the Town had been asked by Apache Junction to pass a resolution urging the State Legislature to provide statutory authority for imposition of impact fees and to participate in lobbying efforts. AGENDA ITEM #17 - CONSIDERATION OF AWARDING THE CONSTRUCTION BID#GEP97-014 FOR GOLDEN EAGLE PARK PHASE V TO MARKHAM CONSTRUCTION IN THE AMOUNT OF$930,247. Councilman Lawrence asked to abstain from discussion and voting on this matter. Mr. Nordin recommended that Markham Construction be awarded the bid for Golden Eagle Park,Phase V in the amount of$930,247. He said this matter had been studied by staff in an administrative hearing where bid protests and applicable contractor's license requirements had been determined Councilman O'Brien asked if a third-time bidding process should be implemented specifying the required equipment and license ability. Mr. Nordin answered that it was the responsibility of the bidding contractor to make sure the contractor had the proper license ability. Councilman O'Brien MOVED to approve the submittal of a third bid which would specify the equipment and licensing requirements for the work in question. Councilman Apps SECONDED the motion. Town Attorney Farrell stated the Council had the right to reject any bids if desired,and said the bid specifications had not been negligent. Councilman Apps asked if the low bid was not approved, would the Town be subject to litigation. Mr. Farrell indicated that a restraining order for this project could cause the project to be significantly delayed and would damage the Town's ability to provide facilities for Spring activities. Mayor Miles asked if the low bidder, Spencer CM Contractors, had a representative who wished to speak. No one was present to speak for Spencer. Mike Markham, owner of Markham Contracting, addressed the timetable for rebidding the project. He stated there had not been any discrepancies in the bidding of the project but that the other contractor had ignored the licensing qualifications and had submitted a low bid without the proper contractor's license. The motion FAILED with a 2-4 vote. Councilman Apps and O'Brien cast the aye votes. Councilman Lawrence abstained. Vice Mayor Wiggishoff MOVED to award the bid for Golden Eagle Park Phase V to Markham Construction in the amount of $930,247. Councilman Poma SECONDED the motion,which CARRIED unanimously. AGENDA ITEM #18 - CONSIDERATION OF RESOLUTION 1997-64, ACCEPTING THE DEED OF APPROXIMATELY FOUR ACRES OF LAND ADJACENT TO THE FOUR PEAKS ELEMENTARY SCHOOL AND AUTHORIZING THE MAYOR, MANAGER, CLERK AND ATTORNEY TO EXECUTE Town Council Regular Session 12/18/97 Page 5 of 12 ANY AND ALL DOCUMENTS AND PAY ANY AND ALL FEES AND COSTS NECESSARY FOR THE TRANSFER OF THE DEED TO THE LAND. ttior Town Attorney Farrell stated all necessary environmental studies and title reports had been completed to enable the acceptance of the deed for four acres of land adjacent to the Four Peaks Elementary School and that this land donation was part of the Town's matching funds for a State grant which would provide parking and additional sports fields. Councilman Lawrence MOVED to accept the deed for donation of approximately four acres of land adjacent to the Four Peaks Elementary School from the Fountain Hills School District. Councilman Poma SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#19- CONSIDERATION OF THE PROPOSED COMMUNITY CENTER DESIGN,WITH POSSIBLE DIRECTION TO STAFF. Vice Mayor Wiggishoff MOVED to approve the schematic design as submitted by Hoffman-Dietz Architects, Ltd. Councilman Lawrence SECONDED the motion. Councilman O'Brien MOVED to amend the motion to include the construction of a balcony to increase the seating in the theatre to 250 more seats. Councilman Poma SECONDED the motion. Councilman Lawrence supported the increase of seating to 750 seats on one level rather than additional balcony seating. Robb Dietz discussed the layout of a balcony seating arrangement as it related to the four floor plans. Councilman Apps stated he supported 700-750 seats to enable professional performances to occur and said he favored Option "D". Walt Franklin, Chairman of the Community Center Advisory Commission, addressed the size of the theatre seating of 500 as substantiated by a survey calculated by the City of Mesa when Mesa was in the process of determining their needs. He said the Council should decide whether the architect's schematic plans were appropriate and also that adequate funding was available for additional, increased seating. Councilman Mower asked if the size of the parking lot was adequate for a theatre with 750 seats. Mr. Dietz answered that there was adequate room to expand from a 500-car lot to a 600-car lot, if necessary. He said he would refer that matter to a consultant. Councilman O'Brien WITHDREW his motion and Councilman Poma WITHDREW the second to the motion. There was a unanimous concensus among the Council to increase the seating in the theatre facility to 750. Councilman O'Brien MOVED to amend the motion to authorize the seating capacity for the theatre to 700-750. Councilman Lawrence SECONDED the amendment., which CARRIED unanimously. The original motion CARRIED unanimously. AGENDA ITEM #20 - CONSIDERATION OF A MEDIAN MAINTENANCE AND DONATION AGREEMENT WITH MCO PROPERTIES AND ACCEPTANCE OF RIGHT-OF-WAY FOR THE AVENUE OF THE FOUNTAINS MEDIAN(PARCELS C AND H)AND AT THE SHEA/FOUNTAIN HILLS BOULEVARD ENTRANCE. Town Engineer Randy Harrel stated that costs estimates for fountain repairs and landscaping costs had been completed. He said the transfer agreement included payments over a three-year period by MCO Properties for a total amount of$212,000 and that those monies could be spent as determined by the Town. He said staff recommended approval of the median maintenance and donation agreement along with the acceptance of the deeds or grant of easements for the five parcels. Mayor Miles asked Mr. Harrel if MCO Properties could legally choose not to proceed with repairs of the fountains on the medians of Avenue of the Fountains. Mr. Harrel stated that MCO was under no legal authority to maintain the fountains and had already begun to shut some of them down. (4150, Councilman Mower asked if the deficiencies needed to be corrected before the Town could accept the medians. Mr. Harrel stated that part of the Subdivision Ordinance stipulations required the developer to maintain the medians for a five-year initial period. He said there wasn't any applicable stipulation because MCO owned the medians prior to incorporation of the Town. Town Council Regular Session 12/18/97 Page 6 of 12 Councilman Lawrence MOVED to approve the median maintenance and donation agreement as presented. Vice Mayor Wiggishoff SECONDED the motion. Councilman Lawrence asked if the market value of the donated land had been determined. Mr. Harrel stated he did not know the value of the property. Gregg Bielli, MCO Properties, said his company had complied with other areas of the Town for the initial five-year period as required. He said MCO Properties had previously planned to deed the Avenue of the Fountains property over to the Plat 208 property owners, but the Plat 208 owners had refused it. He informed the Council of MCO's intention to pay the entire sum of$212,000 upon execution of the donation agreement documents. Councilman O'Brien objected to assuming property that was not brought up to acceptable standards even though a maintenance compensation was being made. The motion FAILED with a 4-3 vote. Councilman Lawrence,Vice Mayor Wiggishoff and Mayor Miles cast the aye votes. AGENDA ITEM #21 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION TO PERMIT A TEMPORARY VEHICLE STORAGE FACILITY AS A SPECIAL USE IN A"C-2" ZONING DISTRICT, LOCATED AT 17317 SIOUX DRIVE,AKA PLAT 302,BLOCK 4,LOT 2,CASE NUMBER SUP97-05. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:44 p.m. Planner Geir Sverdrup stated this matter had been heard prior to a change in the zoning ordinance was approved. He pointed out the application was amended to request a special use in the C-2 zoning district subject to yearly reviews with existing developments in the area. Vice Mayor Wiggishoff asked if a prior concern had been the adjacent property which was planned for future construction of a public school. Mr. Sverdrup affirmed that concern and stated that the special use could be removed in the event of such a development. Councilman O'Brien asked for clarification of the review of the special use permit. Mr. Sverdrup said he had constructed the stipulation to include that inaction on the part of the Town would continue the privilege of the special use permit. Mr. Jeppson stated that every December staff could bring this matter to the attention of the Council as a (101100 consent agenda item in the event the compatibility and compliance of the special use permit was not an issue.. Charlie Ryan, Red Rock Auto Service, spoke in opposition to the special use request. He said the applicant also owned Lot 1 where trucks and a tow truck had been stored on the property where an unsightly tin building had been constructed. 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 A SPECIAL USE PERMIT TO PERMIT A TEMPORARY VEHICLE STORAGE FACILITY AS A SPECIAL USE IN A "C-2" ZONING DISTRICT,LOCATED AT 17317 SIOUX DRIVE, AKA PLAT 302,BLOCK 4,LOT 2,CASE NUMBER SUP97-05. Councilman Poma MOVED to approve the issuance of a special use permit for a temporary vehicle storage facility as presented. Councilman Apps SECONDED the motion. Councilman Poma said the application for a place for temporary vehicle storage started as a result of the Town's ordinance which prohibited vehicles over 5,000 pounds from parking on Town streets overnight. He explained that this special use permit would accommodate large trailers that didn't have any other legal place to park. Councilman Apps asked for clarification that any vehicles stored in the facility would be required to be in operating condition. Mr. Jeppson affirmed the stipulation and stated that if wrecked vehicles needing repairs were stored at that facility, there was a process to revoke the special use permit that would have to be followed. The motion CARRIED with a 6-1 vote. Councilman O'Brien cast the nay vote. AGENDA ITEM #23 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON PROPOSED AMENDMENTS TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REGULATE THE MANNER, PLACEMENT AND TIME OF BANNERS, PENNANTS AND DISPLAYS FOR GRAND OPENINGS, CASE NUMBER Z97-22. Town Council Regular Session 12/18/97 Page 7 of 12 Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:56 p.m. Planner Geir Sverdrup stated the past policy for grand opening signs involved communication with the new business owner to insure banners and ball000ns were appropriately placed pursuant to the sign ordinance. He said the Planning&Zoning Commission had voted to unanimously approve the proposed amendments. Vice Mayor Wiggishoff asked how different sizes of balloons could be regulated. Mr.Sverdrup stated that matter was discussed under Section C-3-c on Exhibit A. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 9:01 p.m. AGENDA ITEM #24 - CONSIDERATION OF ORDINANCE 97-49 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REGULATE THE MANNER, PLACEMENT AND TIME OF BANNERS, PENNANTS AND DISPLAYS FOR GRAND OPENINGS, CASE NUMBER Z97-22. Councilman Lawrence MOVED to approve Ordinance 97-49 as presented. Vice Mayor Wiggishoff SECONDED the motion. Councilman Apps said he preferred new businesses be allowed to have their grand opening anytime within the first 365 days of operation rather than 30 days as specified in Section C-3-f. He MOVED to amend the motion to change Section C-3-f to provide for businesses to schedule their grand opening anytime within the first 365 days of business. Councilman Poma SECONDED the motion. Mayor Miles polled the Council regarding their preference as to the revision of the ordinance concerning the number of days allowed for a grand opening or to eliminate C-3-f in its entirety. Councilman Apps WITHDREW his amendment and Councilman Poma WITHDREW the second to the amendment. Councilman Apps MOVED to amend the motion to delete Section C-3-f in its entirety. Councilman Poma SECONDED the amendment, which CARRIED unanimously. The motion to approve Ordinance 97-49 as amended CARRIED unanimously. L AGENDA ITEM #25 - PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED AMENDMENTS TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REGULATE THE PLACEMENT OF WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAE, CASE NUMBER Z96-30. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:07 p.m. Mr. Jeppson stated the Planning & Zoning Commission had conducted a public hearing on December 11, 1997, and had recommended approval of the ordinance with the exception that galvanized steel not be permitted for tower and antennae construction under Section 17.04-D-1. Mayor Miles asked Town Attorney Farrell if Ordinance 97-45 would withstand legal proceedings if required. Mr. Farrell stated the ordinance had been patterned after a number of model ordinances that had been drafted. Mayor Miles asked if the Council would be required to approve a request for a tower in the event the applicant did not intend to use the tower for signalization purposes. Assistant Town Attorney Andrew McGuire clarified that the only type of tower usable for telecommunications would fall under the terms of this ordinance and the Council could approve applications under a special use permit. Vice Mayor Wiggishoff asked if the permitted uses for monopoles should be included in the Industrial Zoning District. Mr. Jeppson stated the public had opposed the installation of monopoles in the industrial area so that district was not included in the permitted districts. He explained that utility services was not a permitted use in the industrial-zoned district but could be added if the Council desired. Mr. McGuire pointed out that a correction needed to be made under Section 17.07 (A) and (B), Minimum Setbacks and Separation,to strike the words"for which a special use permit is required"to include all permitted towers. 411k,,. There were no comments from the public. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 9:17 p.m. Town Council Regular Session 12/18/97 Page 8 of 12 AGENDA ITEM #26 - CONSIDERATION OF ORDINANCE 97-45 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REGULATE THE PLACEMENT OF WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAE,CASE NUMBER Z96-30. Councilman Mower MOVED to approve Ordinance 97-45 and include IND (Industrial) zoning. Town Attorney Farrell stated that IND (Industrial) zoning could not be included until after the Planning&Zoning Commission had made a recommendation after a public hearing process. Councilman Mower WITHDREW his motion and MOVED to approve Ordinance 97-45 as presented with Attorney McGuire's change. Vice Mayor Wiggishoff SECONDED the motion. Councilman Lawrence MOVED to amend Section 17.04(D)(1) to strike the words "either maintain a galvanized steel finish or" to eliminate the galvanized steel finish option. Vice Mayor Wiggishoff SECONDED the amendment, which CARRIED unanimously. The motion, as amended, CARRIED unanimously. Councilman Mower MOVED to direct staff to initiate an amendment to include the industrial zoning district under the permitted districts for the placement of wireless telecommunications towers and antennae. Councilman O'Brien SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #27 - PUBLIC HEARING ON A RECOMMENDATION TO THE TOWN COUNCIL ON AN APPLICATION FOR THE 808.25± ACRE FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN PROPOSED TO BE LOCATED SOUTH OF SHEA BOULEVARD, EAST OF THE EAGLE MOUNTAIN DEVELOPMENT, WEST OF PLATS 412A, 412B, AND 415, AND NORTH OF THE SALT RIVER PIMA- MARICOPA INDIAN RESERVATION, CASE NUMBER ASP97-01 AGENDA ITEM#28- CONSIDERATION OF RESOLUTION 1997-62 , APPROVING THE 808.25± ACRE FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN PROPOSED TO BE LOCATED SOUTH OF SHEA BOULEVARD,EAST OF THE EAGLE MOUNTAIN DEVELOPMENT,WEST OF PLATS 412A, 412B,AND 415,AND NORTH OF THE SALT RIVER PIMA-MARICOPA INDIAN RESERVATION, CASE NUMBER ASP97-01. AGENDA ITEM #29 - PUBLIC HEARING ON A RECOMMENDATION TO THE TOWN COUNCIL ON AN APPLICATION TO REZONE ALL 808.25± ACRES OF THE PROPOSED FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN,CASE NUMBER Z97-01. AGENDA ITEM#30- CONSIDERATION OF ORDINANCE 97-46 REZONING ALL 808.25±ACRES OF THE PROPOSED FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN,CASE NUMBER Z97-01. AGENDA ITEM #31 - CONSIDERATION OF A PRELIMINARY PLAT FOR FIREROCK COUNTY CLUB MASTER PLAT CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON THE PRELIMINARY MASTER PLAT TO SUBDIVIDE THE FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN INTO APPROXIMATELY 25 NEIGHBORHOOD-SIZE PARCELS, MOST OF WHICH ARE INTENDED FOR FURTHER SUBDIVISION IN THE FUTURE, CASE NUMBER S97-005 (CONTINUED FROM THE NOVEMBER 13, 1997 COMMISSION MEETING). AGENDA ITEM #32 - CONSIDERATION OF CUT AND FILL WAIVERS FOR CUT AND FULL GRADING IN EXCESS OF 10 FEET IN OVER 30 LOCATIONS THROUGHOUT THE DEVELOPMENT, FOR THE CONSTRUCTION OF COLLECTOR ROADWAYS, GOLF COURSE GRADING, AND GRADING FOR THE fikare PROPOSED GOLF COURSE CLUBHOUSE,CASE NUMBER CFW97-03. There was no discussion of Agenda Items#27-32 as they were referred back to the Planning&Zoning Commission. Town Council Regular Session 12/18/97 Page 9 of 12 AGENDA ITEM #33 - PUBLIC HEARING TO RECEIVE TESTIMONY ON ORDINANCE 97-48, WHICH WOULD AMEND THE OFFICIAL ZONING DISTRICTS MAP WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "G-WEST" SUBDIVISION TO REZONE APPROXIMATELY 8.436 ACRES OF LAND FROM THE "R1-6A"TO THE "OSR"ZONING DISTRICT, CASE NUMBER Z97-21. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:20 p.m. Planner Jeff Valder stated this ordinance was similar to others presented to correctly zone all property within a subdivision. Stuart Dusane, a resident of Subdivision G-North, addressed the Council regarding a dust/dirt pollution problem with the high density development in this area and asked the Council to stipulate that boxed trees along the north and south side Desert Canyon Drive be included every 50 linear feet. Ray Baldwin, Sunridge Canyon, stated any stipulation similar to Mr. Dusane's request should appear as a stipulation under the approval of the preliminary plat than be addressed under a zoning request. He said landscaping similar to other areas in Sunridge Canyon was planned but trees would not be planted in areas where site problems along roadways could occur. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 9:27 p.m. AGENDA ITEM #34 - CONSIDERATION OF ORDINANCE 97-48 WHICH WOULD AMEND THE OFFICIAL ZONING DISTRICTS MAP WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "G- WEST" SUBDIVISION TO REZONE APPROXIMATELY 8.436 ACRES OF LAND FROM THE "R1-6A" TO THE "OSR" ZONING DISTRICT,CASE NUMBER Z97-21. Councilman O'Brien MOVED to approve Ordinance 97-48 as presented. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #35 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE SUNRIDGE CANYON PARCEL "G-WEST" SUBDIVISION, A 39 LOT. 15.461 ACRE SUBDIVISION, LOCATED SOUTH OF DESERT CANYON DRIVE AND WEST OF SUNSET DRIVE,CASE NUMBER S97-039. Planner Jeff Valder said he had communicated with Mr. Dusane regarding the planting of trees. He said the project was consistent with the Zoning and Subdivision codes, all lots had met the R1-6A requirements, and no cut and fills in excess of ten feet had been requested. Vice Mayor Wiggishoff MOVED to approve the preliminary plat for Sunridge Canyon parcel G-West as presented. Councilman Mower SECONDED the motion. Stuart Dusane said he didn't think there were any blind areas and asked for tree plantings similar to other areas in Sunridge Canyon. The motion CARRIED unanimously. AGENDA ITEM#36- CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THUNDER RIDGE CONDOMINIUMS, AN 81-UNIT CONDOMINIUM PROJECT, ON 11.58 ACRES, LOCATED AT 16450 E. AVENUE OF THE FOUNTAINS, AKA FINAL PLAT TOWN CENTER I, LOT 6, CASE NUMBER S97-055. Planner Geir Sverdrup stated there were no stipulations for the preliminary and final plat for Thunder Ridge �"' Condominiums because a significant number of stipulations had been attached to the special use permit request. Councilman Poma asked if there was a difference in requirements for apartment construction versus condominium Town Council Regular Session 12/18/97 Page 10 of 12 construction. Mr. Sverdrup answered that there was no difference. Bruce Hansen stated apartments did not come under technical review similar to condominium construction. Mr. Jeppson stated that utilities such as SRP, U.S. West and Southwest Gas were invited to participate in the building plan review but that more time was allowed in the subdivision technical review process for outside utility agencies to review the project. He said an apartment complex built in an existing plat followed former land disturbance regulations rather than the current regulations followed by condominiums. Councilman Mower said he had asked staff to correct the differences. Councilman Poma MOVED to approve the preliminary and final plats for Thunder Ridge Condominiums, Case Number S97-055 as presented. Councilman O'Brien SECONDED the motion, which CARRIED with a 6-1 vote. Councilman Mower cast the nay vote. AGENDA ITEM #37 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR CASA BELLA II CONDOMINIUMS, A 48-UNIT CONDOMINIUM PROJECT, ON 2.264± ACRES, LOCATED AT 16545 E. GUNSIGHT DRIVE,AKA PLAT 207,BLOCK 4,LOT 3A,CASE NUMBER S97-049. Mr. Sverdup stated this project was under construction. Councilman Lawrence MOVED to approve the preliminary and final plats for Casa Bella II Condominiums as presented. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED with a 6-1 vote. Councilman Mower cast the nay vote. AGENDA ITEM#38- CALL TO THE PUBLIC. No one came forward to speak from the public. AGENDA ITEM #39 — PURSUANT TO A.R.S. 38-431.03.A.3., AND A.R>S> 38-431.02.A.4., VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION/OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; AND DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION,RESPECTIVELY. Vice Mayor Wiggishoff MOVED to go into Executive Session. Councilman Poma SECONDED the motion, which CARRIED unanimously. Mayor Miles recessed the Regular Session of the Town Council at 9:40 p.m. AGENDA ITEM#40-RETURN TO REGULAR SESSION AND ADJOURNMENT. Mayor Miles reconvened the Regular Session of the Town Council at 9:57 p.m. Councilman Apps MOVED to adjourn the meeting. Councilman Mower SECONDED the motion, which CARRIED unanimously. The meeting adjourned at 9:58 p.m. L Town Council Regular Session 12/18/97 Page 11 of 12 TOWN OF FOUNTAIN HILLS By: erry Mil , ayor A1"1EST: 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 18th day of December 1997. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of January 1998. Cassie B.Hansen,Town Clerk L Town Council Regular Session 12/18/97 Page 12 of 12