HomeMy WebLinkAbout1998.0319.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MARCH 19, 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, March 19, 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 Mayor Miles and the invocation by Pastor Steve
Gilbertson of the Fountain Hills Community 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 Jeff Valder.
Mayor Miles announced that Agenda Item #1 would be postponed until the next Council meeting. Also, Agenda
Item #6 was removed from the Consent Agenda for further discussion. Mayor Miles read the remainder of the
Consent Agenda, which included the following agenda items:
AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF MARCH 5TH,
1998.
AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY
SHELLEY JOHNSON, MCO PROPERTIES, FOR FOUNDER'S DAY TO BE HELD ON SATURDAY,
APRIL 4, 1998 FROM NOON UNTIL 10:00 P.M. STREETS WILL REMAIN OPEN UNTIL 5:00 P.M.AT
WHICH TIME SAGUARO WILL BE CLOSED FROM EL LAGO BOULEVARD TO PALISADES
BOULEVARD.
AGENDA ITEM#3 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY
MICHAEL PETRONE FOR THE SUNRIDGE FOUNDATION FOR FOUNDERS'S DAY. THE
TEMPORARY LIQUOR LICENSE WILL ALLOW THE SUNRIDGE FOUNDATION TO SELL GOURMET
PICNIC BASKETS IN FOUNTAIN PARK FROM 5:00 P.M. TO 6:30 P.M. ON SATURDAY, APRIL 4, 1998,
PRIOR TO THE PERFORMANCE OF THE PHOENIX SYMPHONY. PROCEEDS WILL GO TO THE
FOUNTAIN HILLS HISTORICAL SOCIETY AND THE SENIOR CENTER.
AGENDA ITEM #4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY
RICHARD J. DEBERNARDIS OF THE PERIMETER BICYCLING ASSOCIATION OF AMERICA FOR
THE EL TOUR DE PHOENIX. THE EVENT IS SCHEDULED FOR APRIL 18, 1998 FROM 7:00 A.M. TO
3:00 P.M. CYCLISTS WILL ONLY BE PASSING THROUGH FOUNTAIN HILLS,TRAVELING EAST ON
SHEA BOULEVARD TO THE BEELINE HIGHWAY. NO STREET CLOSURES WILL BE REQUIRED.
AGENDA ITEM#5 - CONSIDERATION OF RESOLUTION 1998-13, DECLARING AND ADOPTING THE
RESULTS OF THE PRIMARY ELECTION HELD ON MARCH 10, 1998; AND ORDERING THE
RECORDING OF SUCH RESOLUTION.
AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 1998-12, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE WESTERLY, SOUTHERLY, AND NORTHERLY PROPERTY LINE OF
Niire LOT 25,PLAT 204,BLOCK 13 (11204 N.PHEASANT PLAZA),AS RECORDED IN BOOK 142 OF MAPS,
PAGE 10 RECORDS OF MARICOPA COUNTY,ARIZONA.
Town Council Regular Session 3/19/98
Page 1 of 7
Councilman Lawrence 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 #6 - CONSIDERATION OF RENEWING THE ANNUAL CONSULTING AGREEMENT
WITH ALBERT HOLLER FOR SALES TAX AUDITING SERVICES IN THE AMOUNT OF $1,250 PER
MONTH.
Councilman Apps asked how long Mr. Holler had been contracted by the Town for his services. Julie Ghetti,
Accounting Supervisor, confirmed that Mr. Holler had provided services for the past two years. Councilman Apps
asked if a bid-type process needed to be implemented. Ms. Ghetti stated that initially bids were requested for auditing
services but that staff desired to renew with Mr. Holler to enable him to complete ongoing projects. Councilman Apps
asked if an arbitration clause needed to be included in Mr.Holler's contract. Town Attorney Bill Farrell stated there was
no termination provision in the contract but one could be included if requested. He stated since there had not been any
problems with performance,he was satisfied with the consulting agreement.
Councilman Apps MOVED to approve the annual consulting agreement with Mr. Holler. Councilman O'Brien '4111)
SECONDED the motion,which CARRIED unanimously.
AGENDA ITEM#8-MONTHLY REPORT BY MAGISTRATE STUART SHOOB.
Judge Shoob reported that 411 cases had been filed in the month of February and 372 cases had been terminated.
Councilman Apps asked if a breakdown of traffic and criminal cases filed by the Marshals and Sheriff's Office
could be provided. Judge Shoob said he could initiate a report to provide that type of information but that the
majority of cases were filed by the Sheriff's Office.
AGENDA ITEM#9- CONSIDERATION AND POSSIBLE ADOPTION OF A TRAFFIC DEVICE/CALMING
POLICY THAT WOULD GOVERN THE INSTALLATION OF STREET SIGNS, PAVEMENT STRIPING,
SPEED HUMPS, RUMBLE STRIPS, TRAFFIC ISLANDS AND CIRCLES, AND OTHER SIMILAR
TRAFFIC CALMING OR SPEED REDUCING DEVICES.
Town Manager Nordin stated a revised draft policy had not been completed and requested additional time to complete
required studies and revisions. Vice Mayor Wiggishoff MOVED to table discussion on this matter until the second
meeting in April. Councilman Mower SECONDED the motion,which CARRIED unanimously.
'4)
Page 2 of 7
AGENDA ITEM #10 - CONSIDERATION OF A REVISED LEASE AGREEMENT WITH THE SUNSET
KIWANIS CLUB FOR THE KIWANIS BUILDING. THE LEASE WOULD PROVIDE FOR THE
EXCLUSIVE USE OF THE BUILDING,DURING THE WEEK DAY HOURS,FOR TOWN ACTIVITIES.
Mayor Miles expressed concern about not having the revised lease agreement to review prior to the Council meeting.
Town Attorney Farrell asked for additional direction from the Council as to revisions to be implemented in the lease and
stated that the Kiwanis Club had not reviewed the revised agreement. He stated he had included language to provide for
the use of the facility during the hours until 5:00 p.m. each day from Monday thru Friday for all activities, not
specifically senior citizen activities. He said the lease period would be adjusted to April 7, 1994 to conform to the
original lease agreement. He stated all insurance and maintenance requirements had been included in the agreement
and if the Council requested, those items could be removed. Mayor Miles said he understood that the purpose of this
amendment to the lease agreement was to relieve the Kiwanis Club of insurance and maintenance expenses.
Councilman Mower agreed that the committee had transferred the insurance and maintenance expenses to the Town.
Councilman Lawrence stated that when the lease agreement was originally signed, the Kiwanis Club was relieved of
approximately$5,000 per year in property taxes and the Town leasing the building to the Kiwanis Club relieved them of
those taxes. He pointed out that at that time they agreed to carry the responsibility for liability insurance. He said he
was concerned about the Kiwanis Club collecting the revenues for renting out the Town-owned building and not
participating in costs associated with the building. He said he needed time to review the revised lease before he could
make any suggestions to the Town Attorney. He stated he additionally wanted the Kiwanis Club to review the revised
draft before it was brought back to the Council.
Councilman Lawrence MOVED to table discussion to April 16, 1998 Council meeting. Vice Mayor Wiggishoff
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #11 - UPDATE ON THE DOWNTOWN PLAN UNDER CONSIDERATION FOR THE
SOUTH HALF OF PLAT 208 AND DISCUSSION OF THE TOWN PARTICIPATION WITH MCO
PROPERTIES IN THE DEVELOPMENT COSTS.
Mr. Nordin pointed out that this was an update item and would not require any Council action. He stated recent cost
estimates for development plans for the open area located in the downtown area south of the Avenue of the
Fountains had appeared higher than expected. He said a contract would ultimately be drawn up between the Town
and MCO Properties as contributing parties to the contract. He stated one-third of costs would be assumed by the
Town and two-thirds of the costs would be paid by MCO Properties in the contract which should be approved in the
next 8-10 weeks by the Council. He displayed a graphic illustration of landscaping improvements at a projected cost
of$3,187,465. He stated these costs estimates needed to be reviewed with MCO officials and that the Town could
allow MCO Properties an opportunity to form an improvement district to fund their contributions.
Another proposal for the Avenue of the Fountains' intersection improvements would involve one-half of the Town's
participation and the remainder being assumed by the property owners at a projected cost of$3,728,000. He deemed
this proposal as too expensive and additional reviews would be necessary. He explained that Robb Dietz had
increased the projected costs by a factor of 15%due to today's volatile market.
An additional allowance for development of the existing lots in the downtown area, also known as the north forty
acres, would have an option to participate as a group with similar improvements as planned for the Avenue of the
Fountains would cost$2,993,220.
Vice Mayor Wiggishoff said she was concerned about the determination of how much could be afforded by the
property owners in the affected areas and that the architect could use that determination when projecting future
costs. Councilman Apps asked about the split of costs in the `north forty acres' location. Mr. Nordin stated the
division of expenses had not been determined at this time.
•
Page 3 of 7
AGENDA ITEM#12- CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 2-LOT,
108 UNIT CONDOMINIUM PLAT KNOWN AS THE VILLAS AT COPPERWYND, LOCATED WITHIN
THE COPPERWYND DEVELOPMENT NORTHWEST OF PALISADES BOULEVARD, CASE NUMBER
S98-008.
Gary Jeppson, Director of Community Development, stated the preliminary and final plat would plat the cubic air
space for the development and that initial groundwork had commenced. At present, the Building Safety Department
was reviewing the condominium plans. He stated the building height would not exceed the 30' limitation and that
27 buildings with four units to the building would be constructed. The private road would access Sunridge Drive
west of Palisades Boulevard and also on the future Eagle Ridge Drive, the western extension of Palomino Boulevard
connecting with the Via Linda roadway in Scottsdale. He pointed out that the Planning and Zoning Commission had
recommended approval of the preliminary and final plats with a 4-1 vote; two members were absent.
Councilman Lawrence MOVED to approve the preliminary and final plats for the Villas at Copperwynd as
presented. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED with a 6-1 vote. Councilman
Apps cast the nay vote.
AGENDA ITEM #13 - PUBLIC HEARING ON ORDINANCE 98-13, A PROPOSAL TO REZONE 12.56
ACRES OF LAND WITHIN PARCEL "J" OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE
"R1-35" TO THE "OSR" ZONING DISTRICT, SO THAT ALL OF THE NON-LOTTED TRACTS OF
LAND WITHIN AND ABUTTING THE PROPOSED SHADOW CANYON (SUNRIDGE CANYON
PARCEL "J") SUBDIVISION WILL BE LOCATED IN THE "OSR" ZONING DISTRICT, AND; A
PROPOSAL TO REZONE 19.34 ACRES OF LAND WITHIN PARCEL "J" OF THE SUNRIDGE
CANYON DEVELOPMENT FROM THE "OSR" TO THE "R1-35H PUD" ZONING DISTRICT AND
58.39 ACRES OF LAND WITHIN PARCEL "J" OF THE SUNRIDGE CANYON DEVELOPMENT FROM
THE "R1-35" TO THE "R1-35H PUD" ZONING DISTRICT, SO THAT ALL OF THE DEVELOPABLE
LOTS WITHIN THE PROPOSED SHADOW CANYON (SUNRIDGE CANYON PARCEL "J")
SUBDIVISION WILL BE LOCATED IN THE "R1-35H PUD" ZONING DISTRICT. THE PLANNED
UNIT DEVELOPMENT (PUD) IS PROPOSED TO ALLOW FOR THE USE OF PRIVATE STREETS, TO
PERMIT THE SUBDIVISION TO BE GATED, AND TO PERMIT THE USE OF FLAG LOTS, CASE
NUMBER Z96-18.
Mayor Miles recessed the Regular Session of the Town Council meeting and opened the public hearing at 7:04 p.m.
Planner Jeff Valder pointed out the project site, which was currently, zoned open space recreational "OSR" and "R1-
35" residential zoning district. He said the applicant had requested to rezone some areas in the project site to allow
for flag lots, which would allow construction higher up into the mountains than the existing zoning would permit.
He said staff recommended denial of the rezone request in an effort to support preservation of the McDowell
Mountains and that the rezone would have no benefit to the Town. He noted the recommendation of the McDowell
Mountain Preservation Commission was to encourage the prevention of construction below the elevation level of
2,240' and all of the lots in Parcel "J" would be developed below this level. He showed slides of the various lots in
the development.
Councilman O'Brien stated he thought the parcels on the perimeter appeared to be ignoring the environment. Vice
Mayor Wiggishoff said she approved of the cul-de-sac arrangement on the southwest side of the main road but that
other lots at Gecko Court and Deer Trail Court could be reworked.
Ray Baldwin, Senior Project Manager for Sunridge Canyon, stated the total amount of allowed development was
386 acres and that the total amount of hillside disturbance within the development area would be 68 acres. He
pointed out that over 45 acres had been converted into open space after subdivisions had been completed and that
this parcel requested an additional 6 acres of open space. He explained that the lots in Parcel J were located two
Page 4 of 7
miles from Palisades Boulevard and that the highest lot in the development had an elevation of 2180'. Also the
CC&R's would contain paint color restrictions which would result in houses being darker in tone and appear to
co, visually blend into the topography.
Leesa Fraverd spoke in opposition to the lot layout of this parcel and pointed out that less development had occurred
in all of the other parcels but that this parcel required an additional six acres currently zoned for open space. She
said the preservation of open space areas in this parcel was critical to the citizens in the community. Mary Pilarinos
opposed the rezone change from open space to residential.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:20 p.m.
AGENDA ITEM #14 - CONSIDERATION OF ORDINANCE 98-13 REZONING 12.56 ACRES OF LAND
WITHIN PARCEL "J" OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE "R1-35" TO THE
"OSR" ZONING DISTRICT, SO THAT ALL OF THE NON-LOTTED TRACTS OF LAND WITHIN AND
ABUTTING THE PROPOSED SHADOW CANYON(SUNRIDGE CANYON PARCEL "J") SUBDIVISION
WILL BE LOCATED IN THE "OSR" ZONING DISTRICT, AND; A PROPOSAL TO REZONE 19.34
ACRES OF LAND WITHIN PARCEL "J" OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE
"OSR" TO THE "R1-35H PUD" ZONING DISTRICT AND 58.39 ACRES OF LAND WITHIN PARCEL
"J" OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE "R1-35" TO THE "R1-35H PUD"
ZONING DISTRICT, SO THAT ALL OF THE DEVELOPABLE LOTS WITHIN THE PROPOSED
SHADOW CANYON(SUNRIDGE CANYON PARCEL "J") SUBDIVISION WILL BE LOCATED IN THE
"R1-35H PUD" ZONING DISTRICT. THE PLANNED UNIT DEVELOPMENT (PUD) IS PROPOSED TO
ALLOW FOR THE USE OF PRIVATE STREETS, TO PERMIT THE SUBDIVISION TO BE GATED,
AND TO PERMIT THE USE OF FLAG LOTS, CASE NUMBER Z96-18.
Councilman Mower MOVED to approve Ordinance 98-13 as presented. Councilman Apps SECONDED the
motion.
Councilman O'Brien asked the applicant whether it was possible to make the transfer acreage neutral. Mr. Baldwin
stated he would be willing to designate approximately 4.5 acres in Parcel "F' that was zoned "R1-10A" as open
space in return for the addition of the six acres for Parcel "J" from open space to residential zoning. Councilman
Apps said he was concerned about setting a precedent for development in the McDowell Mountains. Councilman
Poma supported the development for Parcel "J". Mr. Baldwin assured the Council that the agreement relative to
Parcel "F' would be applied for as a result of the approval for Parcel "J". Councilman Lawrence asked about the 27
stipulations in the staff report. Mr. Baldwin stated that the stipulations related to the plat,not the zoning request.
The motion CARRIED with a 4-3 roll call vote. Vice Mayor Wiggishoff, Councilman Apps and O'Brien cast the
nay votes.
AGENDA ITEM #15 - CONSIDERATION OF THE USE AND ALIGNMENT OF A LIMITED
COLLECTOR ROADWAY PROPOSED FOR USE IN THE SHADOW CANYON (SUNRIDGE CANYON
PARCEL "J") SUBDIVISION.
AGENDA ITEM #16 - CONSIDERATION OF THE PRELIMINARY PLAT OF THE PRELIMINARY
PLAT FOR THE SHADOW CANYON (SUNRIDGE CANYON PARCEL "J") SUBDIVISION, A 61 LOT,
148.64-ACRE SUBDIVISION LOCATED IN THE NORTHWEST CORNER OF THE SUNRIDGE
CANYON DEVELOPMENT, CASE NUMBER S96-055.
%rar+
Page 5 of 7
Mr. Valder explained that the project was essentially one large cul-de-sac and that the Zoning Code provided for
separate Council approval of the use and alignment of a limited collector roadway. It was agreed, however, to
discuss Agenda Items #15 and #16 at the same time. Mr. Valder stated the parcel contained a street standard vij
proposal that was inconsistent with the Area Specific Plan of the Sunridge Canyon subdivision. He explained that
the standard 50' roadway with a 32' width should be constructed, one and one-half acre lots should be platted, or the
Area Specific Plan should be amended before staff would recommend approval. He referred to Stipulation #9
which dealt with through lots and stated this stipulation would be resolved by hillside protection easements. He
stated staff recommended what the Area Specific Plan recommended for a neighborhood size, that being a maximum
of 75-acres.
Mr. Baldwin assured the Council that normal, standard size roads would be constructed as requested and flag lots
would be minimized by the creation of additional cul-de-sac locations. He asked the Council to amend Stipulation
#7 to provide for 5' wide sidewalks on one side of the street only on those streets defined as limited collector streets.
Councilman Mower MOVED to approve Agenda Items #15 and#16 as presented with the change to Stipulation#7
to require a 5' wide sidewalk on one side only on limited collector streets. Councilman Poma SECONDED the
motion, which CARRIED with a 4-3 roll call vote. Vice Mayor Wiggishoff and Councilmen O'Brien and Apps
cast the nay votes.
AGENDA ITEM #17 - PUBLIC HEARING ON ORDINANCE 98-14 AMENDING THE MINIMUM
SETBACK REQUIREMENTS IN THE MULTI-FAMILY ZONING DISTRICTS; AND TO ALSO
ESTABLISH A LIMITATION ON THE MAXIMUM NUMBER OF UNITS PER BUILDING.
Mr. Jeppson stated the "R-2" zoning district was not included in this amendment. He explained that this ordinance
would amend the front and rear yard setback requirement from 20' to 30' or one and one-half times the height of the „iii)
building. The side yard setback was proposed to be 10' or the height of the building, whichever was greater. The
distance between buildings would be amended from 10' to the height of the tallest building and a maximum of eight
units per building in a multi-family zoned district was allowed. After a public hearing had been held, the Planning
&Zoning Commission had recommended approval. He said single family subdivisions with model homes, such as
Rancho Montana' and Puerto Del Lago, should be rezoned to a single family residential district and should not be
required to conform to setback requirements of a multi-family zoned district. Staff recommended a continuance of
discussion on Ordinance 98-14 and requested a rezoning of the Rancho Montana' and Puerto Del Lago subdivisions
to "R 1-6"prior to the approval of the ordinance. Town Attorney Farrell stated a 60-day period would be needed for
the rezoning process. Vice Mayor Wiggishoff said she approved of the rezoning of the two subdivision because
there actually were single family dwellings at those locations and the zoning district should reflect that usage.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:59 p.m.
AGENDA ITEM #18 - CONSIDERATION OF ORDINANCE 98-14 AMENDING THE MINIMUM
SETBACK REQUIREMENTS IN THE MULTI-FAMILY ZONING DISTRICTS; AND TO ALSO
ESTABLISH A LIMITATION ON THE MAXIMUM NUMBER OF UNITS PER BUILDING.
Councilman Apps MOVED to continue discussion of Ordinance 98-14 until the second meeting in June to allow for
the rezoning of Rancho Montana and Puerto Del Lago. Vice Mayor Wiggishoff SECONDED the motion, which
CARRIED unanimously.
Page 6 of 7
AGENDA ITEM#19- CALL TO THE PUBLIC.
No one came forward from the public to speak.
AGENDA ITEM#20-ADJOURNMENT.
Councilman Lawrence MOVED to adjourn the meeting. Councilman Poma SECONDED the motion, which
CARRIED unanimously. Mayor Miles adjourned the meeting at 8:00 p.m.
TOWN OF FOUNTAIN HILLS
By:
Jerry files,Mayo
A FIbST: (1. A A cLivIA.A...)
Cassie .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 19th day of March 1998. I further certify that the meeting was duly called and that a
quorum was present.
DATED this 2nd day of April, 1998
L/j...,(:.4_ L.1.714.4_,...)
Cassie B.Hansen,Town Clerk
L
Page 7 of 7
.4)