Loading...
HomeMy WebLinkAbout1998.0205.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 5, 1998 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30 P.M., Thursday, February 5, 1998, 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 Cub Scouts from Webelos I, Cobra Patrol, Ken Janowski, Zachary Kasischke, Toby Loudenbach, Zak Lloyd, Scott Sudderth, Brendan Washington and Joe Tood and the invocation by Scott Von Lanken of the Assembly of God Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor 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 Planner Geir Sverdrup. Mayor Miles read the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JANUARY 6TH AND 15TH, 1998. AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY SHARON MORGAN FOR THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL GREAT FAIR. THE EVENT WILL BE HELD FRIDAY, SATURDAY, FEBRUARY 20TH AND 21ST FROM 10:00 A.M. TO 5:00 P.M.; AND SUNDAY,_FEBRUARY 22ND FROM 8:00 A.M. TO 5:00 P.M. THE EVENT WILL REQUIRE THE CLOSURE OF SAGUARO BOULEVARD BETWEEN EL LAGO AND PARKVIEW FROM 5:30 P.M. THURSDAY, FEBRUARY 19TH THRU 6:00 A.M. ON MONDAY, FEBRUARY 23RD. THE AVENUE OF THE FOUNTAINS WILL BE CLOSED AT 5:30 P.M. ON THURSDAY,FEBRUARY 19TH. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION POST 58 LOCATED AT 16850 EAST AVENUE OF THE FOUNTAINS. THE REQUEST IS FOR A BUILDING FUND FUNDRAISER DURING THE GREAT FAIR. THE REQUESTED HOURS OF OPERATION ARE 8:00 A.M. TO 10:00 P.M. ON FRIDAY AND SATURDAY, FEBRUARY 20TH AND 21ST, AND 10:00 A.M. TO 10:00 P.M. ON SUNDAY, FEBRUARY 22ND. AGENDA ITEM #4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY ED ZERAMBO FOR THE SUNRISE KIWANIS FOR THE MOUNTAIN TO FOUNTAIN RACE TO BE HELD IN CONJUNCTION WITH GREAT FAIR ACTIVITIES ON SATURDAY, FEBRUARY 21ST, 1998 FROM 5:30 A.M. TO 10:30 A.M. NO ADDITIONAL STREETS WILL REQUIRE CLOSURE OTHER THAN THOSE CLOSED FOR THE FAIR. AGENDA ITEM #5 - CONSIDERATION OF AN EXTENSION OF PREMISES/PATIO PERMIT SUBMITTED BY ROSEMARY BARRINGER FOR THE SILVER STEIN LOCATED AT 17030 ENTERPRISE DRIVE. THE PERMIT IS FOR FRIDAY, SATURDAY AND SUNDAY,FEBRUARY 20TH, 21ST AND 22ND DURING NORMAL BUSINESS HOURS. AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1998-10, ABANDONING WHATEVER lw RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT LOCATED ALONG THE NORTHERLY PROPERTY LINE OF LOT 1 LOCATED IN PLAT 401B AT FOUNTAIN HILLS FAIRWAY ESTATES (10420 NORTH INDIAN WELLS DRIVE), AS RECORDED IN BOOK 312 OF MAPS, PAGE 8 RECORDS OF MARICOPA COUNTY, ARIZONA. (HOGOBOOM — EA98-01) Councilman Apps MOVED to approve the Consent Agenda as read. Vice Mayor Wiggishoff 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 The motion CARRIED. AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 1998-06 AUTHORIZING THE TOWN MANAGER, PURSUANT TO A.R.S. 28-7204, TO PROCEED WITH THE SALE OF A CERTAIN PORTION OF PUBLIC RIGHT-OF-WAY LOCATED NEAR GOLDEN EAGLE BOULEVARD AND BAINBRIDGE AVENUE, GENERALLY KNOWN AS ORIGINAL GOLDEN EAGLE BOULEVARD ALIGNMENT, LEGAL NUMBER 744; OR DIRECTION TO STAFF REGARDING OTHER ABANDONMENT/DISPOSAL OPTIONS FOR THIS RIGHT-OF-WAY. Town Attorney Bill Farrell explained that this resolution would abandon a certain parcel abandoned by MCO previously as a right-of-way parcel. He stated this larger parcel measured approximately 1.1 acres in size and could be considered to have substantial value. He said the Council should first consider whether this parcel should be abandoned for use as a public right-of-way. Staff recommended approval of the abandonment because the piece of land did not deprive any adjacent property access or ingress and would not be used for future right-of-way purposes. The second consideration was to determine the disposition of the parcel after it was abandoned. He pointed out that the adjacent property owners could be awarded the property but recommended the Council establish a minimum value on the property and direct the Town Manager to conduct the sale of the property seeking at least the minimum value as the minimum bid. The property is currently zoned R1-43. Mayor Miles asked if the parcel would have any value to anyone other than adjacent property owners. Town Manager Nordin stated that a day care facility had been discussed as a possible use for this site. Vice Mayor Wiggishoff asked how the figure of $40,000 had been established as minimum value on this parcel. Mr. Farrell stated he had estimated $.90 per square foot as a reasonable estimate. Councilman O'Brien stated the Town should be fiscally responsible to get the highest bid but that it was unfortunate that MCO had deeded it to the Town and was one of the adjacent property owners who could benefit from its acquisition. Councilman Lawrence MOVED to approve Resolution 1998-06 as presented. Councilman Apps SECONDED the motion. Councilman O'Brien MOVED to amend the motion to establish a minimum value by securing an independent appraisal for the property in question. Vice Mayor Wiggishoff SECONDED the amendment. Town Manager Nordin estimated the appraisal would cost between $2500-$3000. The amendment CARRIED with a 4-3 roll call vote. Mayor Miles, Councilman Poma and Lawrence cast the nay votes. Gerald Wolf, President of the Golden Eagle Estates Homeowners' Association, stated a letter had been sent to the Council declaring that the Association was not interested in purchasing this parcel. Roy Brown, Star Point Management Systems, the property manager for Golden Eagle Estates HOA, pointed out the location of a 20' viii) common area strip of land located on the northern perimeter of the parcel. He suggested the parcel should retain the R1-43 zoning and that no open playground be allowed to be placed on the rear portion of the parcel. Also he asked Town Council Regular Session 2/5/98 Page 2 of 9 the Council to consider a stipulation for a 40' building buffer along the northern line in the event the parcel was not used for residential construction. Councilman Mower asked if deed restrictions could be included. Mr. Farrell Nto stated deed restrictions could be included but might jeopardize the value of the property. Gregg Bielli, MCO Properties, stated the most likely use of the parcel adjacent to the property in question was a day care center facility or some kind of school or institutional use. Councilman O'Brien pointed out that a special use permit was required for a dwelling other than residential in nature. Mr. Jeppson stated that a day care facility was permitted in the R1-43 zoning but would require a temporary use permit. The motion CARRIED unanimously. AGENDA ITEM #8 - CONSIDERATION OF APPROVING THE FUNDING FOR A SIDEWALK ON BAINBRIDGE IN FRONT OF CHRIST'S CHURCH. Councilman Lawrence abstained from discussion and voting on this matter. Town Manager Nordin used an overhead display map to indicate the location of the proposed sidewalk. He suggested the Council could approve to use the proceeds from the sale of the abandoned Golden Eagle property to fund the sidewalk construction. He pointed out that the area in front of Christ's Church would complete a planned sidewalk loop around a large block. He said the Council could approve the construction of the sidewalk, could wait until the sale of the abandoned property or could wait until the exact determination as to the value of the property. Mayor Miles asked if this matter should be included under the next fiscal year's budget because the sale of the property would not likely close before the end of the fiscal year. Councilman Poma said he thought this project should be completed as soon as possible due to the school children walking in the area. Councilman Poma MOVED to approve the funding and proceed immediately with the sidewalk construction project on Bainbridge as presented. Councilman O'Brien SECONDED the motion. Town Engineer Randy Harrel had an estimate for the sidewalk in the amount of $39,000 but it was approximately 20 years old. Councilman O'Brien asked if the sidewalk plans of Anderson-Nelson would be available to the Town. Mr. Bielli assured the Council the plans would be given to the Town. Councilman Mower pointed out that all of the other sidewalks in this large block had been funded by the property owner. Mr. Nordin stated Christ Church had been constructed prior to the sidewalk plan for that area. Councilman Apps said he supported the project and wanted it completed as soon as possible. Vice Mayor Wiggishoff stated she didn't regard this matter as an emergency project and preferred to consider it at budget time. The motion CARRIED with a 5-1 roll call vote. Vice Mayor Wiggishoff cast the nay vote. Mayor Miles asked to discuss Agenda Item#12 as the next matter. AGENDA ITEM #12 - CONSIDERATION OF AUTHORIZING THE FUNDING FOR BUILDING IMPROVEMENTS OF THE TOWN-OWNED "SUNSET KIWANIS BUILDING" TO INCLUDE PARKING LOT PAVING AND LIGHTING AND CERTAIN BUILDING RENOVATIONS TO PREPARE THE BUILDING TO BECOME A SENIOR CITIZEN CENTER. Councilman Mower pointed out the layout of the Kiwanis Building on an overhead slide. He explained that three offices had been included to accommodate the Meals on Wheels organization, Red Cross and an office for a building coordinator. He reminded the Council that the materials would cost $27,950 with MCO Properties paying half and the Town assuming the other half. Members of the Sunset Kiwanis Club would be performing all labor at no charge. Councilman Lawrence referred to the minutes of the previous meeting and stated they did not reflect a formal vote of the Council to approve the Kiwanis building for a senior citizen center. Councilman Mower stated he thought the consensus of the Council was to proceed with the remodeling of the Kiwanis building and designate it as a senior citizens center. Mr. Nordin stated he understood he had been instructed to draft a new lease for the Kiwanis Town Council Regular Session 2/5/98 Page 3 of 9 and designate the building usage as a senior citizens center. Councilman Lawrence recalled that the Council had appointed a Community Center Committee headed by John Cutillo for the purposes of determining the best futurf uses of the existing Community Center after the new Community Center was in operation. He thought this Committee should work together with the citizen committee for the Kiwanis remodeling project and the Kiwanis Club to determine future needs and options of the entire community prior to remodeling the building. Bob Travis spoke on behalf of the Sunset Kiwanis Club. He said the building would not only be used by the Kiwanis Club but would be available to early morning walkers, Meals on Wheels, Red Cross, Boys & Girls Club and other uses such as CPR classes. He said these groups could use the building without a fee as long as the Town would agree to assume the utility bills. Councilman Mower MOVED to approve the funding of half of the $27,950 materials expenses only after the execution of a new lease agreement with the Kiwanis Club designating the building usage as a senior center. Mayor Miles SECONDED the motion. Councilman O'Brien stated he thought the Council might be premature in designating the building as a senior center when it would be used by various non-senior groups. Councilmen Apps, Poma and Vice Mayor Wiggishoff supported the concept of using the facility as a multi-purpose building and upgrading the building. Councilman Lawrence urged the Council to wait until after the Community Center Committee had determined the needs for the present Community Center building and said he didn't want to spend any funds until the final determination for the future use of the Kiwanis building was made. Wally Hudson suggested fire sprinklers should be installed in the Kiwanis building. Mr. Nordin clarified that the agenda had specified the approval or denial of the expenses for parking lot improvements. Councilman Mower stated that up to$40,000 was needed for paving the parking lot. He explained R.E. Monks had offered to contribute to the construction of a concrete parking lot. Councilman Mower modified his motion to delete the parking lot improvements at this time. The motion CARRIED with a 6-1 vote. Councilman Lawrence cast the nay vote. Councilman O'Brien suggestea the issue of the funding for the parking lot be addressed under capital improvements. Councilman Lawrence asked for an estimate of both parking lot improvements and a sprinkler system for the building when future spending requests are presented. Mary Pilarinos asked Mayor Miles if the public had been given an opportunity to speak on the matter. Mayor Miles assured her he had asked for input. AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 1998-07, ACCEPTING PRELIMINARY PLANS AND AN ENGINEER'S ESTIMATE OF THE COSTS AND EXPENSES OF A PUBLIC STREET IMPROVEMENT,DECLARING ITS INTENTION TO IMPROVE AND ADOPTING SUCH ENGINEER'S ESTIMATE FOR THE IMPROVEMENT OF CERTAIN STREETS AND RIGHTS-OF-WAY WITHIN THE CORPORATE LIMITS OF THE TOWN OF FOUNTAIN HILLS; DESIGNATING SUCH IMPROVEMENT AS "TOWN OF FOUNTAIN HILLS, ARIZONA, COTTONWOODS IMPROVEMENT DISTRICT"; DETERMINING THAT IMPROVEMENT BONDS WILL BE ISSUED TO REPRESENT THE COSTS AND EXPENSES THEREOF AND DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND THAT THE COSTS OF SAID WORK OR IMPROVEMENT WILL BE ASSESSED UPON A CERTAIN DISTRICT; PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT WILL BE PERFORMED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AND ALL AMENDMENTS THERETO. AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 1998-08, ACCEPTING PRELIMINARY PLANS AND AN ENGINEER'S ESTIMATE OF THE ANNUAL COSTS AND EXPENSES OF OPERATING, MAINTAINING, REPAIRING AND IMPROVING CERTAIN PEDESTRIAN AREAS, Town Council Regular Session 2/5/98 Page 4 of 9 PARKING AND PARKWAYS, DECLARING ITS INTENTION TO OPERATE, MAINTAIN, REPAIR AND IMPROVE SUCH AREAS AND ADOPTING SUCH ENGINEER'S ESTIMATE FOR THE ANNUAL COST OF SUCH OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT WITHIN THE CORPORATE LIMITS OF THE TOWN OF FOUNTAIN HILLS; DESIGNATING THE AREA BENEFITED AS "TOWN OF FOUNTAIN HILLS, ARIZONA, COTTONWOODS MAINTENANCE DISTRICT"; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND THAT THE COSTS OF SAID WORK WILL BE ASSESSED UPON THE PROPERTY WITHIN THE DISTRICT; PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT WILL BE PERFORMED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES,AND ALL AMENDMENTS THERETO. Vice Mayor Wiggishoff said the Cottonwood Improvement District was formed because the Cottonwoods Subdivision did not have a homeowner's association. She explained that Resolution 1998-07 created a Construction District and Resolution 1998-08 created a Maintenance District. She stated each homeowner would pay for improvements between the curb and the perimeter wall and maintenance of landscaping. A six-foot meandering sidewalk would be installed along the north side of Saguaro starting at the corner of Grande. Total costs to homeowners would not exceed $46,800 and allowed homeowners to pay assessments bi-annually over a 20-year period. She stated costs for maintenance would be billed to property owners of the 58 lots through their property taxes not to exceed $140 per year. She asked bond counsel, Scott Ruby, what would happen if the property owner defaults on his payment of the assessment. Mr. Ruby cautioned the Council not to waive the statutory procedure of foreclosure in the event of non-payment. He said the assessment district would lien the property from the initial date of approval of the district and when final payment was received, the lien would be removed. He explained that maintenance district costs appearing on the owner's tax bill would vary due to the extent of maintenance that was necessary each year. He pointed out, however, that in the event of a default of a bi-annual payment, foreclosure proceedings would commence. Both Councilman Lawrence and Vice Mayor Wiggishoff said they felt this policy was too strict. Vice Mayor Wiggishoff MOVED to approve Resolution 1998-07 and Resolution 1998-08 as presented. Councilman Mower SECONDED the motion. Town Attorney Farrell stated he felt default proceedings would most likely be settled prior to a formal foreclosure action by other lienholders having the same property interest. Mr. Ruby said most CC&R's permitted the same lien/foreclosure procedures. Mr. Nordin stated defaulted payments would be reasonably dealt with by staff since some overhead costs had been included in the final cost estimate. Kenneth Dobbs asked for clarification regarding boundary walls. He stated he had just constructed his home and did not have a perimeter wall similar to others in the subdivision. Mr. Nordin stated that the existing wall constructed up to this time would be maintained. Mr. Jeppson stated that Mr. Dobbs' desired to build a wall along Del Cambre and desired to know if the wall would be considered in the construction district. Mr. Nordin stated the Council could exclude Mr. Dobbs from the entire improvement district. Vice Mayor Wiggishoff stated Mr. Dobbs would need to dedicate part of his property to common area in order for his wall to be part of the improvement district. Mr. Ruby stated since Mr. Dobbs' lot was in the improvement district, it would be assessed for capital and maintenance fees. He said if a wall was built on the property line similar to the remainder of the exterior walls, the wall would fall within the scope of maintenance district. Mr. Ruby suggested the district be created including Mr. Dobbs' lot and let Mr.Dobbs' object to his inclusion after formal public notice had been accomplished. The motion CARRIED with a 5-2 roll call vote. Councilman Lawrence and Poma cast the nay votes. AGENDA ITEM #11 - RECONSIDERATION 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 Council Regular Session 2/5/98 Page 5 of 9 Councilman Poma MOVED to reconsider median maintenance and donation agreements. Councilman Apps SECONDED the motion, which CARRIED unanimously. 4140) Mr. Nordin pointed out that discussions had resulted in a maintenance agreement for the Avenue of the Fountains median parcels and that MCO Properties would pay a lump sum payment of 229,000 contrary to the $212,000 amount previously presented over a three-year period. Gregg Bielli, MCO Properties, asked for clarification. Mr. Nordin stated the agenda was correct in its inclusion of all the parcels in the median maintenance and donation agreement. Councilman Lawrence MOVED to approve the median maintenance and donation agreement as presented by staff. Vice Mayor Wiggishoff SECONDED the motion. Councilman O'Brien said he opposed the agreement because he didn't want the Town to accept property that had been defined as deficient such as landscaping for $17,000 and fountain maintenance for$25,000. The motion CARRIED with a 6-1 roll call vote. Councilman O'Brien cast the nay vote. AGENDA ITEM #13 - CONSIDERATION OF AWARDING CONSTRUCTION OF FOUR PEAKS NEIGHBORHOOD PARK PHASE I BID#FPNP97-015 IN THE AMOUNT OF (BID OPENING IS 2/3/98). THE RECOMMENDED CONTRACTOR FOR THIS PROJECT WILL BE ANNOUNCED AFTER THE BID OPENING. Mr. Nordin stated nine bids were received and the apparent low bidder was Wellington West, Inc. with a bid of $746,412.00. Mr. Nordin said the Council could reject all bids but recommended approval of the low bid even though previous problems had occurred with this contractor. He explained that the Registrar of Contractors did not have any complaints on file regarding Wellington West. Councilman Poma asked about the nature of the problem with the contractor on previous jobs with the Town. Mr. Nordin responded that close inspection of work performance was needed and that reports from sub-contractor's receiving payments on a timely basis had been received. He stated performance bonds would be required as standard operating procedures and inspections would be made by E-Group as provided in the next agenda item. Councilman O'Brien MOVED to award the bid for Four Peaks Neighborhood Park, Phase I Bid to Wellington West, Inc. in the amount of $746,412.00. Councilman Lawrence SECONDED the motion. Councilman Apps asked if staff could plan the bidding process to allow more time for questions and research if needed. The motion CARRIED with a 6-1 vote. Councilman Poma cast the nay vote. AGENDA ITEM #14 - CONSIDERATION OF APPROVING A CONTRACT IN THE AMOUNT OF $27,500 TO E GROUP, INC. CONTRACT FPNP#98-017 FOR INSPECTION SERVICES AND CONSTRUCTION ADMINISTRATION ON FOUR PEAKS NEIGHBORHOOD PARK PHASE I. Mr. Nordin pointed out that the staff report had referred to the contract of amount of $28,000 and that $27,500 appeared on the agenda item in error due to a last minute change. He asked that the amount of $28,000 be considered as the contract amount and Mr. Farrell opined that proper legal notice had been given and the Council could approve the higher amount. Councilman Lawrence MOVED to approve the contract for E Group in the amount of $28,000 as presented. Councilman Poma SECONDED the motion, which CARRIED unanimously. Town Council Regular Session 2/5/98 Page 6 of 9 AGENDA ITEM #15 - CONSIDERATION OF RESOLUTION 1998-09, GRANTING PRELIMINARY APPROVAL TO NEGOTIATE THE SALE OF NOT TO EXCEED $1,100,000 AGGREGATE PRINCIPAL AMOUNT OF TOWN OF FOUNTAIN HILLS STREET AND HIGHWAY USER REVENUE REFUNDING BONDS, SERIES 1998i PROVIDING CERTAIN TERMS, COVENANTS AND CONDITIONS CONCERNING THE BONDS; AND RATIFYING ALL ACTIONS TAKEN WITH RESPECT TO THE BONDS AND THE PREPARATION AND DISSEMINATION OF A PRELIMINARY OFFICIAL STATEMENT. Mr. Nordin stated that since interest rates have dropped substantially, the approval of the Council to begin the process to refinance the HURF bonds was necessary. He said no funds would be committed at this time and no consulting fees would be paid until bonds were sold. Vice Mayor Wiggishoff asked if the Council should establish a minimum savings level by refinancing the bonds. Mr. Nordin encouraged an estimated minimum savings of at least $50,000. Vice Mayor Wiggishoff MOVED the approval of initiating the process for refinancing of the Town's HURF bonds. Councilman Poma SECONDED the motion. Bond counsel Scott Ruby stated either a percentage factor or an exact amount, such as $50,000, could be set. He explained that counsel would prepare a preliminary official statement to be marketed and terms of a possible transaction would be presented to Council. The motion CARRIED unanimously. AGENDA ITEM #16 - PUBLIC HEARING ON ORDINANCE 98-05, A PROPOSED AMENDMENT WHICH WOULD AMEND THE CHAPTERS 1 AND 10, OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY PERMITTING GUEST QUARTERS IN SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS BY SPECIAL USE PERMIT ONLY. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:36 p.m. Mr. Jeppson displayed floor plans of proposed custom homes that Greystone Homes wanted to build in the Eagle Mountain subdivision. Several plans showed an office suite that was linked by a breezeway or an interior door to the rest of the dwelling. Other plans showed a separate room not connected to the rest of the house. He said builders and other residents had commented that rental units could be created by separate guest quarters in a single- family zoned district. He stated the Planning & Zoning Commission had recommended denial of the ordinance. Mayor Miles said he was concerned about the number of special use permits that might be required by property owners desiring to build guest quarters. Mr. Jeppson said the enforcement of violations regarding rentals in single family areas was not possible by staff. Mayor Miles said he felt the ordinance was too complex and that if a mother-in-law suite was included in plans, the owner should be able to be accommodated. He said he favored not having to go through the special use permit process in these instances. Vice Mayor Wiggishoff said she had received complaints about the exterior appearance looking like a duplex rather than a single-family residence. Mr. Nordin suggested the matter be tabled to allow an opportunity to talk with more builders about this matter. Mary Pilarinos spoke about rights of privacy of the residents in other homes. David Kitnick, Greystone Homes, urged the Council to come to a resolution in this matter as soon as possible. With plans showing a direct access to the home using a fourth bedroom layout, he said he thought staff could easily interpret the intentions of the homeowner. Edwin Keye stated he had followed the public hearings and discussions concerning guest quarters. He expressed his concerns over the possibility of two households in a single-family dwelling and the use of kitchens to make the quarters self sufficient and potentially suitable for rental. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 9:04 p.m. L Town Council Regular Session 2/5/98 Page 7 of 9 AGENDA ITEM #17 - CONSIDERATION OF ORDINANCE 98-05 AMENDING THE CHAPTERS 1 AND 10,OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY PERMITTING GUES'Ij QUARTERS IN SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS BY SPECIAL USE PERMIT ONLY. Councilman Mower MOVED to table discussion until the next meeting to allow staff to provide more input as a result with additional discussions with area builders. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #18 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE PROPERTIES OF PACIFIC SOUTHWEST XII CONDOMINIUMS, A 2-UNIT PROJECT, LOCATED AT 14248 N. IBSEN DRIVE,AKA PLAT 111,BLOCK 5,LOT 7, CASE NUMBER S97-060. Planner Geir Sverdrup stated the agenda had only included the consideration of a preliminary plat and that both a preliminary and final plat were being requested. Councilman Poma MOVED to continue consideration of the agenda item until the next Council meeting. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #19 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FOR SHEA BOULEVARD, 144TH STREET TO PALISADES BOULEVARD AGENDA ITEM #20 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH) MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FOR SHEA BOULEVARD, BEELINE HIGHWAY TO 600' WEST. Town Engineer Harrel stated these projects would provide for three traffic lanes in each direction as well as a bike lane, curbs and raised medians. The IGA provided for landscaping of the median in the Beeline Highway to 600' west project whereas the Shea Bouelvard, 144th Street to Palisades Boulevard median would have decomposed granite. The Town would assume maintenance of the landscaped median. He stated the easternmost project would begin in early 1999 and would cost the Town approximately $54,000. He explained that the 144th Street to Palisades Boulevard had originally started out as a design for a truck climbing lane but three lanes would be constructed similar to construction recently completed on Shea Boulevard. A participation agreement for frontage improvements by Eagle Mountain and MCO Properties had not been reached at this time but was anticipated prior to the beginning of the project. Mayor Miles asked about maintaining the median in a portion of the Beeline Highway to 600' west project not located within the Town limits. Mr. Harrel stated the narrow median was in a small area and that he intended to maintain the median for the aesthetics to the entry corridor into the town. He stated the Town would not maintain the roadway outside the town limits but estimated the median landscaping maintenance costs at$400 per year. On the other project concerning the 144th Street to Palisades Boulevard, Mr. Harrel indicated that this project had been expanded by the County and included median, curb and crushed granite but no landscaping. Councilman Lawrence suggested the medians contain appropriate landscape improvements and also maintained as another primary entrance into the community. Councilman O'Brien stated he felt two lanes coming into the western entranceway of Fountain Hills was adequate. Vice Mayor Wiggishoff asked about the disposition of the overlook on Shea Boulevard. Mr. Harrel stated current plans not to disturb the overlook but install a small median separator between the eastbound traffic lane and the overlook. Councilman Mower said he was concerned about traffic problems of eastbound traffic going from three lanes to two lanes. Mr.Harrel stated a taper lane after Palisades Boulevard would allow safe transition to two-lane traffic. Town Council Regular Session 2/5/98 Page 8 of 9 Councilman Apps MOVED to approve the IGA between the Town and Maricopa County Department of Transportation concerning the Shea Boulevard project,from 144th Street to Palisades Boulevard. Councilman Lawrence SECONDED the motion. Councilmen Lawrence suggested staff include a landscaped median in this project and return with specifics to the Council. The motion CARRIED with a 5-2 roll call vote. Councilman O'Brien and Poma cast the nay votes. Councilman Lawrence MOVED to approve the IGA between the Town and Maricopa County Department of Transportation concerning the project on Shea Boulevard, from the Beeline Highway to 600' west as presented. Councilman Apps SECONDED the motion. Vice Mayor Wiggishoff MOVED to amend the motion to delete the portion of the landscaping on the medians located outside of the town limits. Councilman Mower SECONDED the amendment, which CARRIED with a 5-2 roll call vote. Councilman Poma and Lawrence cast the nay votes. The motion CARRIED with a 4-3 roll call vote. Councilman O'Brien and Poma and Mayor Miles cast the nay votes. AGENDA ITEM#21 - CALL TO THE PUBLIC. Edwin Keye addressed the Council relative to the reporting of news articles about crimes in the area. AGENDA ITEM#22-ADJOURNMENT. Councilman Lawrence MOVED to adjourn the meeting. Councilman Poma SECONDED the motion, which CARRIED unanimously. Mayor Miles adjourned the meeting at 9:29 p.m. TOWN OF FOUNTAIN HILLS By: Jerry M. es,Ma ATTEST: 1L414-A--- 1 Any Cassie B.Hansen,Town Clerk PREPARED BY: _ Linda D.Lemme ,Administrative Assistant CER LI ICATION 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 5th day of February 1998. I further certify that the meeting was duly called and that a quorum was present. DATED this 19th day of February 1998. L &A/1,4_ jj Cassie B.Hansen,Town Clerk Town Council Regular Session 2/5/98 Page 9 of 9 j