Loading...
HomeMy WebLinkAbout1998.0702.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JULY 2, 1998 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M., Thursday, July 2, 1998, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building B, Fountain Hills, Arizona. ROLL CALL - Following a moment of silence and the pledge to the flag by Cub Scouts from Pack 243, Dragon Patrol, Brian Caldwell, Brian Nagel, Andy Zelasko, David Oliphant, and Joseph Genetos, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Al Poma and Councilmembers Sharon Hutcheson, Sid Apps, Marianne Wiggishoff, and Penfield Mower. Councilman John Wyman was absent. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell,Town Clerk Cassie Hansen,Town Engineer Randy Harrel, Interim Community Development Director Andrew McGuire, and Planners Jeff Valder and Geir Sverdrup. Before reading the Consent Agenda, Mayor Morgan stated Items #5, #9, and #10 had been removed for further discussion. She then read the remainder of the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 9TH, 10TH, 11TH AND 18TH, 1998. AGENDA ITEM #2 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY DEBORAH ANN HERSHEY FOR THE VILLAGE PUB LOCATED AT 16740 PALISADES BOULEVARD. THE APPLICATION IS FOR A NEW SERIES 12(RESTAURANT) LICENSE. AGENDA ITEM #3 - CONSIDERATION OF THE RESOLUTION 1998-28, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN DRAINAGE EASEMENT LOCATED ALONG THE SOUTHWESTERLY PROPERTY LINE AND CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHWESTERLY PROPERTY LINE OF LOT 3, BLOCK 14 OF PLAT 212 (16221 EAST MONTROSE DRIVE), AS RECORDED IN BOOK 141 OF MAPS, PAGE 17 RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS. (ANDERSON EA98-15). AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1998-29, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY EASEMENTS ALONG THE NORTHERLY PROPERTY LINE OF LOT 1 AND THE SOUTHERLY PROPERTY LINE OF LOT 2 OF PLAT 102, BLOCK 1, (LOT 1 - 16536 E. PALISADES BLVD, LOT 2 - 16626 E. WESTBY DR.), AS RECORDED IN BOOK 142 OF MAPS, PAGE 12 RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS. (BLUE CHIP- EA97-25) AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1998-30, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHERLY AND EASTERLY PROPERTY LINES OF LOT 44,BLOCK 2 OF PLAT 602D (15518 EAST THISTLE DRIVE), AS RECORDED IN BOOK 166 OF MAPS, PAGE 34 RECORDS OF MARICOPA COUNTY,ARIZONA. (MCCAIN EA98-16). Town Council Regular Session 7/2/98 Page 1 of 10 AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 1998-31, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHWESTERLY PROPERTY LINE OF LOT 33, BLOCK 6 OF PLAT 401B (10224 NORTH DEMARET DRIVE), AS RECORDED IN BOOK 155 OF MAPS, PAGE 12 RECORDS OF MARICOPA COUNTY,ARIZONA. (WISE EA98-18). AGENDA ITEM #8 - CONSIDERATION OF RENEWING THE CONTRACT WITH THE FOUNTAIN HILLS CIVIC ASSOCIATION FOR MANAGEMENT SERVICES OF THE COMMUNITY CENTER IN THE AMOUNT OF$35,200, Vice Mayor Poma MOVED to approve the Consent Agenda as read. Councilman Apps SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Poma Aye Councilwoman Wiggishoff Aye Councilman Apps Aye • Councilman Mower Aye Councilwoman Hutcheson Aye Mayor Morgan Aye The motion CARRIED. AGENDA ITEM #5 - CONSIDERATION OF THE FINAL REPLAT OF LOTS 1 & 2, BLOCK 1, FOUNTAIN HILLS FINAL PLAT 102, LOCATED AT THE NORTHWEST CORNER OF PALISADES BOULEVARD AND WESTBY DRIVE. CASE#S98-22 Councilman Mower asked Planner Geir Sverdrup to provide more information regarding this replat. Mr. Sverdrup explained that the replat combined two lots into one lot for the construction of a 20-unit apartment/condominium project. He said the replat would create a lesser yield in density and the sewer moratorium allowed construction of at least one unit less than the maximum yield, in this case 25 units. Councilman Mower MOVED to approve the final replat as presented. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #9 - CONSIDERATION OF RATIFYING THE TWO-YEAR CONTRACT FOR THE TOWN MANAGER. Councilman Apps asked for clarification from staff. Town Attorney Bill Farrell stated the entire contract appeared for the newly-elected Council's approval and that the severance provisions had been recently approved. He stated the contract provided for the payment of severance pay, without cause, for a six-month period. Councilman Apps MOVED to change the contract to allow for a severance pay period of three months. Vice Mayor Poma SECONDED the motion. In response to a question from Vice Mayor Poma,Mr. Farrell stated there were many different periods for severance pay settlements. He estimated the average severance pay was at least six months and pointed out that one month's severance pay per year of service was also considered in several communities. He stated that the contract could be amended at any time. Councilwoman Wiggishoff commended the Town Manager for his service to the community since the inception of the incorporation and said she felt the six-month severance provision was reasonable. Councilman Apps said the six-month period was excessive. Councilman Mower said he was not interested in changing the severance pay provision in lieu of recognition of Mr. Nordin's eight years of service. Councilwoman Hutcheson said she had done some research and was not uncomfortable with the six-month severance pay period in a situation L. without cause. The motion FAILED with a 5-1 vote. Councilman Apps cast the aye vote. Town Council Regular Session 7/2/98 Page 2 of 10 Vice Mayor Poma MOVED to approve the two-year contract for the Town Manager. Councilwoman Hutcheson SECONDED the motion, which CARRIED with a 5-1 vote. Councilman Apps cast the nay vote. AGENDA ITEM #10 - CONSIDERATION OF AWARDING THE BID FOR THE WASH CLEAN UP PROJECT, PW 98-001, IN THE TOTAL AMOUNT OF $120,000, TO FIVE STAR LANDSCAPING AND RURAL METRO. Councilman Apps asked for clarification as the contract for these services included the use of a one-ton truck. He said the purchase of a one-ton truck had been approved in the next fiscal year's budget and asked why a truck was included in the bid for services. Town Engineer Randy Harrel responded that the budget included a one-ton truck for the Public Works Department that would be ordered soon. He stated the unit price for a crew included a truck to be used by each crew working in the washes and he predicted two crews would be performing wash clean-up services. Councilwoman Wiggishoff asked if future costs would be reduced when the one-ton truck was purchased. Mr. Harrel confirmed that crew costs would be reduced after the purchase of the truck and that crew costs would be further reduced after a chipper was purchased. Councilman Mower MOVED to award the bid for the wash clean-up project to Five Star Landscaping and Rural Metro as presented. Councilwoman Wiggishoff SECONDED the motion, which CARRIED with a 5-1 vote. Councilman Apps cast the nay vote. AGENDA ITEM #11 - CONSIDERATION OF APPOINTING TWO CITIZENS TO FILL THE VACANCIES ON THE PLANNING AND ZONING COMMISSION CAUSED BY EXPIRING TERMS. Vice Mayor Poma MOVED to approve the appointment of Ray Baldwin and Mike Downes to the Planning and Zoning Commission. Councilman Mower SECONDED the motion, which CARRIED with a 4-2 vote. Councilman Apps and Councilwoman Hutcheson cast the nay votes. AGENDA ITEM #12 - CONSIDERATION OF APPOINTING TWO CITIZENS TO FILL THE VACANCIES ON THE BOARD OF ADJUSTMENT CAUSED BY EXPIRING TERMS. Councilman Mower MOVED to approve the appointment of Bud Oshman and Anthony Canton to the Board of Adjustment. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#13 - CONSIDERATION OF THE FY '98-99 BUDGET REQUEST SUBMITTED BY THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION. Town Manager Paul Nordin pointed out that the budget requests were reduced by $10,000 for costs of producing two videos instead of three videos. Councilman Mower MOVED to approve the budget for the McDowell Mountain Preservation Commission in the amount of $45,500. Councilwoman Wiggishoff SECONDED the motion. Councilwoman Wiggishoff asked if MCO Properties or any developers would compensate the Town for part of the costs of the trailhead study. Mr. Nordin said he would investigate that possibility. Roy Kinsey, Chairman of the MMPC, told the Council that in the next fiscal year approximately 54% of the budget was related to communications and promoting public awareness of preservation issues. The motion CARRIED unanimously. Town Council Regular Session 7/2/98 Page 3 of 10 AGENDA ITEM #14 - UPDATE BY PAUL NORDIN ON THE TOWN CENTER III AND PLANNING EFFORTS OF A FOCUS GROUP CONSISTING OF REPRESENTATIVES FROM THE COUNCIL, SANITARY DISTRICT, MCO PROPERTIES, TOWN STAFF AND COMMUNITY CENTER ADVISORY COMMISSION, WITH POSSIBLE DIRECTION TO STAFF REGARDING ONGOING PLANNING ACTIVITIES OF THE GROUP. Mr. Nordin stated various groups including the Sanitary District had expressed interest in planning efforts for the Town Center III project located east of the proposed Community Center site and encouraged the Council to promote recommendations for formalizing a more structured group to encourage public input and review estimates. Councilwoman Wiggishoff asked if studies were being made to determine how much debt the downtown area would be able to support for streetscape improvements. Mr. Nordin said ongoing determinations were being made but had not been concluded at this time. Councilwoman Wiggishoff MOVED to direct staff to return to the Council with a more formal recommendation at the first meeting in August. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #15 - CONSIDERATION OF THE ADOPTION OF THE TENTATIVE BUDGET FOR THE FISCAL YEAR 1998/99 WITH APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENT IN ACCORDANCE WITH STATE LAW. THE COUNCIL MAY ADDRESS ANY OR ALL ITEMS CONTAINED IN THE BUDGET DOCUMENT, INITIATING ANY SUGGESTED CHANGES PRIOR TO ADOPTION. Mr. Nordin reviewed the changes to date in the budget which included the following: reduction in the Information Technology section by $14,000 (electronic voting system) and $2500 (elimination of one computer notebook); reduction in Community Benefits section from$152,555 to $115,000; reduction in the Chamber of Commerce request from $21,400 to $5,300 and an increase in the down payment amount for the Community Center project from $1,000,000 to$1,500,000. Councilman Mower said he wanted to review the groups that were included in the Community Benefits section of the Administration budget. Because Imagine Recovery Resources, Inc. was a for-profit organization, he felt that the volunteer committee recommending budget amounts was not properly trained to make decisions for the selection of a drug-rehabilitation counselor. Councilman Mower MOVED to remove Imagine Recovery Resources, Inc. from the Community Benefits Program list. Vice Mayor Poma SECONDED the motion. Councilman Mower said he felt it more appropriate for the school administration to select a counseling service. Vice Mayor Poma stated the Cattleguard Association had assisted in counseling and drug programs. Councilman Apps asked Marshal Gendler for his comments. Marshal Gendler urged the Council to retain funds in the budget earmarked for drug counseling. Councilman Mower pointed out that the School District was capable of obtaining grant money through matching funds. He said he was interested in a periodic review of the performance of rehabilitation counseling from the School District as a means to monitor the usefulness of the funds. Councilman Apps said more communication with the School District was needed. The motion CARRIED with a 5-1 vote. Councilman Apps cast the nay vote. Councilman Mower then MOVED to establish a Special Program section of the budget to designate $50,000 for drug rehabilitation counseling. Councilwoman Wiggishoff SECONDED the motion, which CARRIED with a 5-1 vote. Councilman Apps cast the nay vote. Councilwoman Hutcheson MOVED to designate a committee consisting of Marshal Gendler, Mary Marsh of the Cattleguard Alliance group and a representative from the School District administration to look into recommendations for the use of the $50,000 allotment. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. Councilwoman Wiggishoff MOVED to reduce the amount allotted for the Community Benefits programs from $115,000 to $80,000. Councilman Mower SECONDED the motion. Councilwoman Wiggishoff said the requests Town Council Regular Session 7/2/98 Page 4 of 10 represented a 20% increase from the amount spent for Community Benefit programs last year, but that more requests had been received this year. Councilman Apps said he preferred to leave the budget figure for Community Benefits cow Programs at$115,000. The motion CARRIED with a 5-1 roll call vote. Councilman Apps cast the nay vote. Councilman Apps MOVED to eliminate the amount of$25,000 from the budget for the purchase of a one-ton truck. Since there was no second to the motion,the motion DIED. Councilman Mower MOVED to approve the tentative budget for Fiscal Year 1998-99. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #16 - CONSIDERATION OF A PRE-ANNEXATION DEVELOPMENT AGREEMENT FOR SUMMIT ESTATES (FORMERLY KNOWN AS CRESTVIEW), NORTHWEST CORNER OF SHEA BOULEVARD AND PALISADES BOULEVARD. Town Attorney Bill Farrell pointed out that the Summit Estates project provided for 113 single-family homes and was currently under the zoning of Maricopa County and a final plat for the subdivision would be presented for approval on July 15th to the Board of Supervisors. He said this property was currently within the School District's and the Sanitary District's jurisdiction, but unless annexed, the residents of this subdivision would not contribute to or be considered part of the Town of Fountain Hills. After negotiations with MCO Properties had commenced, there was concern over a 56-acre parcel, which was located at the immediate northwest corner of Shea and Palisades and zoned for multi-family development. Mr. Farrell stated that state law would not allow for an annexation that created an island--surrounded on all four sides by Town property. He said the terms of the pre-annexation development agreement would contain terms providing for the signature by MCO Properties to initiate the parcels containing Summit Estates and the 56-acre parcel to both be annexed. Secondly, all of the construction for Summit Estates would be permitted and inspected by the Town as well as any sales taxes derived from sales of homes in that project. Noe He said the County's zoning for the 56-acre parcel was more intense than what the Town would rezone the property and the County's development standards were less restrictive. Another term for the agreement would be the Town's designation of a zoning district for the 56-acre parcel close to the existing designation by the County. Mr. Farrell anticipated the parcel would be zoned "M-1" and would be developed under Town standards concerning cut and fill requirements. He told the Council that half of the property owners could be required to approve the annexation of the subdivision into the Town but recommended the Town annex the parcel before construction began to assure the economic benefit to the Town. He said the pre-annexation agreement would contain a 10-year term and if the multi- family parcel was not developed within that period, the Town could rezone that parcel to any zoning classification. He recommended the Council approve the pre-annexation agreement within the next 60-90 days. Councilwoman Hutcheson asked about the County's subdivision standards for single-family cut and fill requirements. Mr. Farrell said the County allowed a greater disturbance in its standards for cut and fills than did the Town. Mr. Valder stated the M-1 zoning would allow for 8 units per acre, however the topography of the parcel would not permit the maximum number of units. Mr. Farrell stated another term in the agreement would permit the County's standards to be used for the development of the single-family subdivision but not the 56-acre multi-family parcel. Councilman Mower pointed out that the County's height restriction for single family developments was 40'. Lisa Fraverd suggested the multi-family parcel be developed under a special use permit so that the Town would know what project was being considered for the site before it was built. Mark VanBoekel asked if Summit Estates was being planned as a gated community. Mr. Farrell answered that it was planned to be a gated subdivision. Scott LaGreca, Fire Marshal, stated the Summit Estates property was within the Fire District's boundaries and that they had complied with their regulations and that the Fire District would review and inspect plans for the subdivision. Councilwoman Wiggishoff pointed out that if the property was not annexed, the Town would not receive sales tax revenues, property taxes or revenue sharing funds, but would provide support services such as sewer, fire services and the impact on the School District. Town Council Regular Session 7/2/98 Page 5 of 10 Vice Mayor Poma MOVED to postpone discussion until the first meeting in August. Councilwoman Hutcheson SECONDED the motion. Mr. Farrell outlined the time periods as required by State law and after some discussion, the motion and second to the motion were withdrawn. Vice Mayor Poma then MOVED to direct staff to proceed with the preparation of the pre-annexation agreement. Councilwoman Wiggishoff SECONDED the motion. Councilwoman Hutcheson asked if the public would have an opportunity for input into this matter. Mr. Farrell stated a public hearing would initially be heard on August 6`h The motion CARRIED unanimously. AGENDA ITEM#17 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 98-24, WHICH WOULD AMEND SECTION 5.09 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ALLOW GOLF BALL FENCES BY SPECIAL USE PERMIT IF CERTAIN CRITERIA ARE MET, CASE NUMBER Z98-11. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 8:02 p.m. Planner Jeff Valder stated the current ordinances permitted a maximum fence height of six feet which permitted a net six-foot high without a variance. He said staff had received complaints from a resident in the Eagle Mountain subdivision about errant shots from the golf course. He reviewed the criteria for obtaining a special use permit which included that only property owners whose lots abutted the golf course or a driving range could apply for the permit. The second criteria provided for construction of a net/fencing within 600' of the ladies tee on a golf hole or on a forward-most position on a driving range. He said fences requested to prevent damage from errant secondary shots would be considered after a property owner had shown the need for a fence. He said the abutting property owner would be required to submit written consent. Additional criteria included a 25' maximum height cap, the pole color should be painted a blending color and the color of the net would be black. Vegetation would be required to hide the poles but not to obscure views. He said the Planning & Zoning Commission had voted unanimously (4- 0) against any text amendment allowing these types of fences and stated a variance could be requested for special- need instances. Staff recommended approval of the proposed ordinance. Councilwoman Wiggishoff asked why there was a differentiation in first and secondary errant shots when any errant shot could cause damage. Jerry Proskey, who was building a home on Players Court, supported the option of applying for a special use permit. Steve Pritulsky, Project Manager for Eagle Mountain, stated golf course nets were needed in some circumstances and anticipated limited requests for a special use permit. Tom Brostrum, a resident at Eagle Mountain, supported the proposed ordinance. Lisa Fraverd suggested the Council view Mr. Valder's slides for comparisons in different subdivisions. Mr. Valder then showed the slides. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 8:30 p.m. AGENDA ITEM #18 - CONSIDERATION OF ORDINANCE 98-24, WHICH WOULD AMEND SECTION 5.09 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ALLOW GOLF BALL FENCES BY SPECIAL USE PERMIT IF CERTAIN CRITERIA ARE MET, CASE NUMBER Z98- 11. Vice Mayor Poma MOVED to pass Ordinance 98-24 as staff indicated with the criteria. Councilman Apps SECONDED the motion. Councilwoman Hutcheson suggested lots be more carefully platted when golf courses were being constructed. Town Council Regular Session 7/2/98 Page 6 of 10 Councilwoman Wiggishoff MOVED to amend Item #6 of the criteria to read "Landscaping should be used where appropriate to obscure the poles from neighboring properties". Vice Mayor Poma SECONDED the amendment, which CARRIED with a 5-1 vote. Councilman Apps cast the nay vote. The vote on the original motion to approve Ordinance 98-24 as amended CARRIED unanimously. AGENDA ITEM #19 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 98-20 AMENDING THE OFFICIAL ZONING DISTRICT MAPS OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE 30.24 ACRES OF LAND WITHIN PARCEL 1 OF THE FINAL PLAT FOR SUNRIDGE CANYON FROM THE "R1-6A" ZONING DISTRICT TO THE "R1-6A PUD" ZONING DISTRICT, SO THAT ALL OF THE DEVELOPABLE LOTS AND ROAD TRACTS PROPOSED WITHIN THE SUNRIDGE CANYON PARCEL "L" SUBDIVISION WILL BE LOCATED WITHIN THE "R1-6A PUD" ZONING DISTRICT. THE PLANNED UNIT DEVELOPMENT (PUD) IS PROPOSED TO ALLOW FOR PRIVATE STREETS AND FOR THE SUBDIVISION TO BE GATED, CASE NUMBER Z98-06. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 8:36 p.m. Mr. Valder stated the developer of Parcel "L" had revised his application to omit the gating requirement and address other concerns in order to obtain the approval of the preliminary plat. He stated the Council had the option to review gated subdivisions on a case-by-case basis. He said Parcel J and Parcel K in Sunridge Canyon, Firerock Country Club subdivision, and the Westridge Village subdivision were approved as gated subdivisions. He said staff and the Planning & Zoning Commission had continued to recommend against the gating of this subdivision. Ray Baldwin, project manager, stated he thought this subdivision was an appropriate location to be gated. Councilwoman Hutcheson asked about the criteria used for the PUD. Mr. Baldwin pointed out that the whole lbw project, Sunridge Canyon, had netted more land for open space than was originally planned. Mark Van Boeckel spoke against the gating of this subdivision. AGENDA ITEM#20- CONSIDERATION OF ORDINANCE 98-20 AMENDING THE OFFICIAL ZONING DISTRICT MAPS OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE 30.24 ACRES OF LAND WITHIN PARCEL 1 OF THE FINAL PLAT FOR SUNRIDGE CANYON FROM THE "R1-6A" ZONING DISTRICT TO THE "R1-6A PUD" ZONING DISTRICT, SO THAT ALL OF THE DEVELOPABLE LOTS AND ROAD TRACTS PROPOSED WITHIN THE SUNRIDGE CANYON PARCEL "L" SUBDIVISION WILL BE LOCATED WITHIN THE "R1-6A PUD" ZONING DISTRICT. THE PLANNED UNIT DEVELOPMENT (PUD) IS PROPOSED TO ALLOW FOR PRIVATE STREETS AND FOR THE SUBDIVISION TO BE GATED, CASE NUMBER Z98-06. Councilman Hutcheson MOVED to deny Case Number Z98-06. Councilwoman Wiggishoff SECONDED the motion. JoAnn Daniels spoke in opposition to gated subdivisions. The motion CARRIED with a 4-2 vote. Councilwoman Apps Hutcheson and Mayor Morgan cast the nay votes. AGENDA ITEM#21 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 98-05, WHICH WOULD AMEND SECTIONS 1.12 AND 10.02 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CREATE DEFINITIONS FOR "GUEST QUARTERS" AND "SECONDARY LIVING AREA" AND TO ALLOW GUEST QUARTERS BY SPECIAL USE PERMIT IF CERTAIN CRITERIA ARE MET, CASE NUMBER Z97-20. Town Council Regular Session 7/2/98 Page 7 of 10 Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 8:52 p.m. Mr. Valder reviewed the Planning & Zoning Commission and staff issues with respect to guest quarters. He said residents had requested guest quarter accommodations for family members or guests or additionally to provide for extra home office space. He said there were concerns about changing the character of the single-family neighborhoods in the event that guest quarters were illegally used as rental units. He stated the special use process provided a means for adjacent neighbors' concerns to be heard. Mr. Valder said one of the nine criteria provided for guest quarters to be attached under one roof to the main dwelling. Tom Simplot, representing the Home Builders Association of Arizona, asked the Council to consider alternative language with regard to the minimum lot width of 100' and the maximum provision of 400 square feet for the guest quarters. Edwin Kehe spoke in opposition to the ordinance and said he thought there was several instances in the ordinance where the language should be changed. AGENDA ITEM #22 - CONSIDERATION OF ORDINANCE 98-05, AMENDING SECTIONS 1.12 AND 10.02 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CREATE DEFINITIONS FOR "GUEST QUARTERS" AND "SECONDARY LIVING AREA" AND TO ALLOW GUEST QUARTERS BY SPECIAL USE PERMIT IF CERTAIN CRITERIA ARE MET, CASE NUMBER Z97-20. Councilman Apps MOVED to approve Ordinance 98-05 as read. Councilwoman Wiggishoff SECONDED the motion. Councilwoman Wiggishoff suggested amending the ordinance language under C-1 to delete the language "and have a minimum lot width of at least 100 feet" from the condition. She also said she was opposed to limiting guest quarters to 20% of the square footage or to 500 square feet maximum. She stated that the parking requirements for an additional space would detract from character of the single-family neighborhood. Councilman Mower said he felt the definition of"kitchen" needed to be changed. He also called attention to the definition of guest quarters which required connections between the two kitchens within the dwelling. Mr.Valder responded by saying that the language had been drafted in an attempt to accommodate floor plans. . Councilwoman Wiggishoff MOVED to table discussion to the first meeting in September to allow for revisions to the ordinance. Councilman Mower SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#23 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 98-22, WHICH WOULD AMEND SECTIONS 2.01, 3.01 AND CHAPTER 9 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CREATE EXCEPTIONAL PROCEDURES FOR THE ADOPTION OF, THE ESTABLISHMENT OF AND THE CREATION OF DESCRIPTIVE AND REGULATORY LANGUAGE FOR THE OPEN SPACE CONSERVATION ZONING DISTRICT, CASE NUMBER Z98-02. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 9:17 p.m. Mr. Valder stated this text amendment provided for the creation of the "OSC" zoning district, which only permitted trails. He supported this ordinance, as it would assure property owners that property with the "OSC" zoning would never be developed. He said the Town Attorney had contributed to the ordinance that any property owner requesting his land to be rezoned to the "OSC" district would by the written statement attest to his knowledge that the rezone would leave the property with no economic value. He said this process would also be used for the "OSR" zoning district. The Planning&Zoning Commission had unanimously recommended the approval of this ordinance. Councilman Mower asked if a future "Preserve District" would be added to lands under an "OSC" district. Mr. Valder stated the Town had planned to include all lands they owned into a Preserve District, which could be included under the "OSC" zoning classification. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 9:24 p.m. Town Council Regular Session 7/2/98 Page 8 of 10 AGENDA ITEM#24 - CONSIDERATION OF ORDINANCE 98-22, WHICH WOULD AMEND SECTIONS 2.01, 3.01 AND CHAPTER 9 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CREATE EXCEPTIONAL PROCEDURES FOR THE ADOPTION OF, THE ESTABLISHMENT OF AND THE CREATION OF DESCRIPTIVE AND REGULATORY LANGUAGE FOR THE OPEN SPACE CONSERVATION ZONING DISTRICT, CASE NUMBER Z98-02. Councilwoman Hutcheson MOVED to approve Case Number Z98-02 as presented. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #25 - CONSIDERATION OF AUTHORIZING AND DIRECTING STAFF TO SELL, AT PUBLIC AUCTION, + 0.136 ACRE OF PARCEL "B" OF PLAT 201, GENERALLY LOCATED NEAR RAND DRIVE AND SAGUARO AVENUE. Interim Community Development Director Andrew McGuire stated this triangular piece of land was granted to the Town some time ago and that the property could become a maintenance hazard for the Town. He indicated that this parcel would be split into two tracts with the remainder used for public right-of-way and offered for sale via public auction. An adjacent property owner, Mr. Super, had indicated interest in acquiring at least one of the tracts. Mr. McGuire stated the value of the parcel would be around 100 per square foot. Vice Mayor Poma MOVED to approve the sale of this property as presented. Councilman Apps SECONDED the motion. Mr. McGuire stated the costs of a survey would be covered by the selling price of the land. The motion CARRIED unanimously. L AGENDA ITEM#26- CALL TO THE PUBLIC. No one came forward from the public to speak. AGENDA ITEM#27 - PURSUANT TO A.R.S. 38-431.03.A.7, VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION FOR THE PURCHASE OF LEASE OF REAL PROPERTY. Councilwoman Wiggishoff MOVED to go into Executive Session. Vice Mayor Poma SECONDED the motion, which CARRIED unanimously. Mayor Morgan recessed the Regular Session at 9:29 p.m. AGENDA ITEM#28- RETURN TO REGULAR SESSION. Mayor Morgan reconvened the Regular Session of the Town Council at 10:00 p.m. AGENDA ITEM#29-ADJOURNMENT. Town Council Regular Session 7/2/98 Page 9 of 10 Vice Mayor Poma MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. The meeting adjourned at 10:01 p.m. TOWN OF FOUNTAIN HILLS By. Sharon Morgan, Mayor A FIEST: LIG.J44-(-\-t / s Cassie B.Hansen,Town Clerk PREPARED BY: Linda D.Le en,Executive 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 2nd day of July, 1998. I further certify that the cr, meeting was duly called and that a quorum was present. DATED this 6th day of August, 1998. Cassie B. Hansen,Town Clerk L Town Council Regular Session 7/2/98 Page 10 of 10