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HomeMy WebLinkAbout1998.1105.TCRM.Meeting TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 5, 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, November 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 by Cub Scouts of Pack 243, Roadrunner Patrol: Brandon Ellis, Justin Koopman,Justin Baltrusch,Brett Betz,Shane Sexton,Chris Koehle,Lance Mazzella and Kyle Fiano and the invocation by Rulan Daley of the Church of Jesus Christ of Latter Day Saints, 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 John Wyman,Sharon Hutcheson,Sid Apps, Marianne Wiggishoff, and Penfield Mower. Also present were Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Town Engineer Randy Harrel, Community Development Director Jeff Valder and Planner Geir Sverdrup. Mayor Morgan read the Consent Agenda which consisted of the following agenda items: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF OCTOBER 15TH 1998. AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY JIM HEASLEY FOR SOUTHTIQUE MERCANTILE LOCATED AT 16810 EAST AVENUE OF THE FOUNTAINS. MR. HEASLEY IS REQUESTING THE CLOSURE OF THE AVENUE OF THE FOUNTAINS CENTER PARKING LOT LOCATED ON THE NORTHEAST CORNER OF THE AVENUE OF THE FOUNTAINS AND VERDE RIVER DRIVE FOR THE PURPOSE OF DISPLAYING AND SELLING MERCHANDISE DURING THE FALL ART FESTIVAL, NOVEMBER 13, 14 AND 15, 1998 FROM 9:00 A.M.TO 6:00 P.M. AGENDA ITEM #3 - CONSIDERATION OF THE EXTENSION OF PREMISES/PATIO PERMIT SUBMITTED BY ROSE BARRINGER FOR THE SILVER STEIN LOCATED AT 17030 ENTERPRISE DRIVE. THE REQUEST IS TO TEMPORARILY EXTEND THE STEIN'S LIQUOR LICENSE TO AN ADJACENT PATIO AREA ON FRIDAY,SATURDAY AND SUNDAY,NOVEMBER 13, 14 AND 15, 1998. AGENDA ITEM #4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY SHIRLEY CURRY FOR THE FOUNTAIN HILLS WOMEN'S FOR THE ANNUAL HOME TOUR, LUNCHEON, BAKE SALE, RAFFLE AND ART SHOW. THE EVENT WILL TAKE PLACE AT THE COMMUNITY CENTER, 11445 NORTH SAGUARO BOULEVARD, AND SIX FOUNTAIN HILLS HOMES ON SATURDAY,NOVEMBER 7, 1998. AGENDA ITEM #5 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY SHARON MORGAN AND THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL THANKSGIVING DAY PARADE TO BE HELD ON THURSDAY, NOVEMBER 26, 1998 FROM 6:30 A.M. TO 11:00 A.M. THE EVENT WILL REQUIRE THE PARTIAL CLOSURE OF PANORAMA DRIVE,THE CLOSURE OF SAGUARO FROM EL LAGO TO PALISADES, PALISADES FROM SAGUARO TO LA MONTANA,AND LA MONTANA FROM PALISADES TO PARKVIEW. AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1998-54, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE Town Council Regular Session 11/5/98 Page 1 of 12 EASEMENTS LOCATED ALONG THE SOUTHERLY PROPERTY LINE OF PLAT 428, BLOCK 4, LOT 18 AS RECORDED IN BOOK 155 OF MAPS, PAGE 19 RECORDS OF MARICOPA COUNTY, ARIZONA. (iiiv (DURKEE-EA98-25). AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 1998-55, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHERLY PROPERTY LINE OF PLAT 204, BLOCK 2, LOT 20 AS RECORDED IN BOOK 142 OF MAPS,PAGE 10 RECORDS OF MARICOPA COUNTY,ARIZONA. (JAFFE-EA98-29). AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 1998-56, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE SOUTHERLY PROPERTY LINE OF PLAT 506A, BLOCK 3, LOT 5 AS RECORDED IN BOOK 159 OF MAPS, PAGE 30 RECORDS OF MARICOPA COUNTY, ARIZONA. (CAGGIANO -EA98-28). AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 1998-57, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE WESTERLY PROPERTY LINE OF PLAT 428, BLOCK 5, LOT 3 AS RECORDED IN BOOK 155 OF MAPS, PAGE 19 RECORDS OF MARICOPA COUNTY, ARIZONA. (SMITH -EA98-27). AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 1998-58, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE EASTERLY PROPERTY LINE OF PLAT 414,BLOCK 1, LOT 53 AS RECORDED IN BOOK 158 OF MAPS, PAGE 20 RECORDS OF MARICOPA COUNTY, ARIZONA. (JOLOMAR-EA98-26). AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 1998-59, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE SOUTHERLY PROPERTY LINE OF PLAT 111, BLOCK 2, LOT 4 AS RECORDED IN BOOK 150 OF MAPS, PAGE 12 RECORDS OF MARICOPA COUNTY, ARIZONA. (RIEDEL-EA98-30). AGENDA ITEM #12 - CONSIDERATION OF THE FINAL PLAT FOR THE DITTLER SUBDIVISION, A FIVE-LOT, THREE-TRACT SUBDIVISION LOCATED SOUTH OF GRANDE BLVD. AND EAST OF EL PUEBLO BLVD. CASE#S97-052 Councilman Apps MOVED to approve the Consent Agenda as read. Councilman Mower SECONDED the motion. A roll call vote was taken with the following results: Councilman Wyman Aye Councilman Mower Aye Councilwoman Hutcheson Aye Vice Mayor Poma Aye Councilwoman Wiggishoff Aye Councilman Apps Aye Mayor Morgan Aye The motion CARRIED. L Town Council Regular Session 11/5/98 Page 2 of 12 AGENDA ITEM#13 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Judge Shoob reported that 600 cases had been filed during the month of October and 492 cases had been terminated along with 76 hearings and trials. At the request of Councilmen Wyman and Mower, Judge Shoob compared the court's activity with the figures reported from the same period in 1997. The most notable comparison was the total amount of the accounts receivable figures. Last year the accounts receivable totaled $280,000 and at this time the accounts receivable totaled $294,000. He commended his staff for their efforts in maintaining the outstanding accounts. AGENDA ITEM#14- QUARTERLY LAW ENFORCEMENT REPORT BY PUBLIC SAFETY DIRECTOR STEVE GENDLER. Marshal Gendler reported there were 14 Marshal's officers, 14 officers from MCSO, 2 detectives and 6 dispatchers providing service to the Town of Fountain Hills at this time. He anticipated adding three Sheriff's deputies as approved by the current contract during the next quarter along with 2 grant-funded positions. He stated the local 24- hour dispatch service began on September 1, 1998 and provided residents with a person to talk with concerning their problems and questions. Voice activated radio and telephone systems had been installed. Marshal Gendler stated property crimes such as auto burglaries and traffic violations were among the largest concern. He informed the Council of the Department's efforts in maintaining safe standards in neighborhoods and told the Council about a program where officers had visited neighborhoods to view possible crime conditions such as open garage doors and unlocked vehicles. He reported a 16% overall decrease in the number of traffic accidents and said he was concerned about the recent number of motorized skateboard user complaints. Lir AGENDA ITEM #15 - PRESENTATION OF THE FINAL PLANS FOR THE NEW COMMUNITY CENTER BY ARCHITECT ROB DIETZ AND COMMUNITY CENTER ADVISORY COMMISSION CHAIRMAN WALT FRANKLIN WITH POSSIBLE DIRECTION TO STAFF TO INITIATE THE PUBLIC BID PROCESS. Walt Franklin stated the Community Center Advisory Commission had now concluded their reviews of the final plans and introduced Architect Rob Dietz. Mr. Dietz and his assistant, Bruce Scott, gave a presentation with visual computer drawings showing the parking, landscaping and overall design of the Community Center building. He also gave a short computer-animated simulation of entering the building. In response to a question from Mary Onuschak, Mr. Dietz stated there was a height of under 60' over the stage area in the performing arts wing and that the rest of the building would be substantially lower in height. Mayor Morgan stated the Council had previously granted an exemption to the height restrictions for this building. Jeffrey Motter asked if Mr. Dietz was confident about the $8 million estimate. Mr. Dietz stated the budget estimate for the building was between $7.4 and $7.5 million and additionally an amount of$500,000 was expected for furniture and equipment. Mr. Dietz said he felt confident that the project could be completed within the $8 million budget. Susan Neuhart asked about a section of the performing arts wing, which was determined to be an exterior space. She also objected to the size of the performing arts center. Mr. Franklin commended and recognized the 21-member committee and other residents for their efforts in planning the Community Center design. Councilman Mower MOVED to direct staff to initiate the bid process for the Community Center project with a deadline of December 31, 1998. Councilwoman Wiggishoff SECONDED the motion. Councilman Poma said he would support the motion because he wanted to determine whether the bids would actually be submitted around the $8 million budget figure. Councilman Apps asked questions about the public bidding process. Town Attorney Farrell stated questions regarding overrides, contract prices, etc. would be discussed at the time the acceptance of the bids was put on the agenda. He said an organizational meeting of the municipal property corporation would be held on Friday, November 6th for the election of officers. Mayor Morgan stated the proposed Community Center would Town Council Regular Session 11/5/98 Page 3 of 12 have 38,477 square feet and the theatre would have 21,038 square feet. Councilwoman Hutcheson thanked the members of the CCAC for their input and said she looked forward to receiving bids on this project. Vice Mayor Poma asked Mr. Franklin about donations from service groups in the community. Mr. Franklin said he had received a pledge from the Civic Association in the amount of$50,000 and a public funding organization was working on a fund-raising program to raise $300,000 toward the building costs. Tom Schuelke asked what the project would include. Mr. Dietz stated the project included the parking, landscaping, all mechanical equipment, lighting equipment, energy management systems, telephone and security systems, seats in the performing arts area, all millwork for counters and storage areas, an orchestra pit and specialized rigging for stages, projection areas, a sound system, as well as the building itself. He stated the fixed aspects of the building were estimated slightly under $7.5 million and the furniture and equipment was estimated at $500,000 and would be separate from the bidding. Mr. Dietz confirmed that the sidewalk and pedestrian access issues would be added to the modifications before bidding and that contractors would include all costs relating to construction in the bid. Vincent Dziepak, Rocky, a one-year resident, spoke in favor of the project and thanked the Council for their considerations in the development of the downtown area. Susan Neuhart asked if bidders were aware of the opposition to the project. Mr. Dietz said many quality builders who were only interested in the project, not public approval or disapproval , had contacted him. Charlie Ryan asked if the public would vote on this project and how his taxes would be affected. Town Attorney Farrell answered no election question would appear for voters to consider the project, only sales taxes would be used to pay off bond indebtedness, and that the Community Center would not be financed by any property taxes. Mary Onuschak stated she thought the Town didn't need a performing arts center and was concerned about operating costs. Mark VanBoeckel supported the project but said he thought the Town should have put the matter to a vote. Shirley Curry encouraged the Council to proceed with the Community Center even though there was some opposition. Bruce Hansen, President of the Chamber of Commerce, said the Chamber endorsed the building of the Community Center. Jeff Motter also asked for a vote on this matter. Frank Ferrara, Executive Director for the Chamber of Commerce, stated he thought the Community Center would greatly enhance the town's prosperity and would fill the requirement for a meeting place for small conventions. Mary Pilarinos requested a survey be conducted before the bidding process continued. Jack Hostak said he thought the citizens resented the Town proceeding with the MPC for the financing of the Community Center. Barb Hanson spoke in support of the Community Center. Walt Franklin pointed out that the budget was constructed for the Community Center before the Advisory Commission was formed. He said the budget had been reviewed and revised by the Council. He recalled when the sales tax was enacted in 1994, four primary areas were earmarked for sales tax revenues. They were law enforcement,parks development, street paving and the Community Center. He pointed out that 28% of the projected sales tax revenues would cover the costs and mortgage payments annually on this project. Edwin Kehe asked about royalties and if all seats in the performing arts center could be placed on the same elevation in an effort to cut costs. Mr. Franklin answered that the approved number of seats would be 710-720 seats and that royalties were dependent on the number of sold seats. Mr. Dietz stated there would not be any costs savings with combining the 200 back seats forward. Jerry Kirkendoll suggested the Town install cable lines before the facility was built. He said he preferred a Santa Fe look rather than what had been planned for the building. Scott Pickering said he was concerned that the Committee had developed a building plan without regard to the total costs. He stated not knowing what the total costs were or what were the total sales tax revenues for the future was something that should be known prior to planning a building project like the Community Center. He asked how many opposing citizens were needed to force a vote on the project. Town Attorney Farrell stated if bids were approved for the project, the Town would sell bonds to pay the contractors to build the facility. He said the bonds would be issued after it was determined the Town could assure the repayment of borrowed funds. He stated that almost all public financing throughout the state was done by bonded indebtedness with either sales tax or property tax revenue. He pointed out that in every general law community sales tax revenue was pledged without a public vote and real property taxes were pledged with a public vote, such as school district issues. He opined that the Council did not have the authority to offer to the public a non-binding advisory election. He said the bonds to be sold were not bonds for which a public vote was allowed under the Arizona law. He indicated that the public had not been purposely Town Council Regular Session 11/5/98 Page 4 of 12 denied an election but that an election was not permissible when sales tax funds were being used. Mr. Pickering asked if an election were possible if the Council decided to cancel their former decision and approve a financing plan using property tax funds. Mr. Farrell answered in the affirmative. Mayor Morgan stated the Council didn't want to use property taxes as a means to finance the Community Center and had approved the use of the sales taxes instead. Councilman Wyman stated he was confident the Town could afford the costs associated with the Community Center. Vice Mayor Poma asked if there was a minimum amount of property tax funds that could be used to incite justify an election by the people. Mr. Farrell pointed out that if any property tax funds were used, an election could be held. He confirmed that, for the Town, road paving projects were the only projects to date that had been funded by property taxes. The motion CARRIED with a unanimous roll call vote. AGENDA ITEM #16 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION TO AMEND THE OFFICIAL ZONING DISTRICTS MAP OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY REZONING ALL OF LOTS 5, 6 AND 7, BLOCK 6 OF PLAT 412B FROM THE "R1-43" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE "C-1" GENERAL COMMERCIAL ZONING DISTRICT, LOCATED SOUTHEAST OF SAGUARO BOULEVARD, SOUTHWEST OF SHEA BOULEVARD AND NORTHWEST OF THE BEELINE HIGHWAY, CASE NUMBER Z98-10. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 8:16 p.m. Community Development Director Jeff Valder stated the Council had amended the General Plan on August 6, 1998 to change the site from single family to general commercial retail which would enable the site to be rezoned to one of the commercial zoning districts. He said the C-1 zoning district provided for smaller scale commercial uses and that litir staff had received a significant number of calls, petitions and letters from property owners in opposition to this rezone from all areas throughout the town. He suggested that because the Town Center area was determined as a high priority for commercial development and given that the town had an over-abundance of commercially zoned property at the present time, it would be prudent to wait until the development of the Town Center was completed before rezoning any more property as commercial property. Mayor Morgan asked if any traffic studies or surveys had been done on Shea Boulevard. Town Engineer Randy Harrel stated the applicant had submitted a traffic impact analysis which indicated that an additional 752 vehicles per day would not significantly impact the roadways of Shea Boulevard and that no stop light would be needed at the entranceway. Town Attorney Farrell pointed out that six of seven votes were required in order to approve the rezoning of this parcel. Ralph Baillargeon, Tom Schuelke, Scott Allen, Jack DePrie, Yetta Seidon, Charles Lorraine, Mike Yasmar, and Arvid Dennis all expressed their opposition to the rezoning of the lots in question. The consensus of the speakers was that the area surrounding the lots is residential and would be impacted by a commercial strip-center development along Shea Boulevard. Bruce Hansen,President of the Chamber of Commerce, Steve Hewart, Bozidar Rajkovski, and Deanna Durkee spoke in favor of the rezone request. The consensus of those speaking in favor was that the commercial development would be good for the Town, would not affect traffic and would give residents more opportunities to shop locally. Stuart Rider, the applicant for the rezone request, stated there were only six adjacent lots that would overlook his project and that smaller businesses needed a choice for a location rather than just the downtown area. He said the L. low impact, low-density development would be effectively hedged buffered against the neighboring residential area and would have a negligible impact on traffic. He stated the project was estimated to be fully built-out within 3-5 Town Council Regular Session 11/5/98 Page 5 of 12 years. He estimated the lot coverage would be around 17% or 35,000 square feet maximum. He said he had tried to meet with Firerock residents but had not been able to form a meeting. Again speaking in opposition were Jack DePrie, Scott Allen, Bill Venditti, Gordon Riehl, Arvid Dennis and Charles Lorraine. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 8:59 p.m. AGENDA ITEM #17 - CONSIDERATION OF ORDINANCE 98-30 AMEND THE OFFICIAL ZONING DISTRICTS MAP OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY REZONING ALL OF LOTS 5,6 AND 7,BLOCK 6 OF PLAT 412B FROM THE "R1-43"SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE "C-1" GENERAL COMMERCIAL ZONING DISTRICT, LOCATED SOUTHEAST OF SAGUARO BOULEVARD, SOUTHWEST OF SHEA BOULEVARD AND NORTHWEST OF THE BEELINE HIGHWAY, CASE NUMBER Z98-10. Councilwoman Wiggishoff MOVED to deny the rezone request in Ordinance 98-30. Councilwoman Hutcheson SECONDED the motion. Councilwoman Wiggishoff stated she had supported the change in the General Plan from residential to commercial but that the Planning & Zoning Commission's concern about the timing of the development and viability of the downtown area was reasonable. She suggested the project would target tenants similar to those tenants in the commercial center across the street from the proposed property and that these types of tenants that would be suitable for a downtown business location. Councilman Wyman noted that commercial renters paid sales taxes on their rent. He also noted that the downtown area was a different market than the Shea Boulevard location. He said business could be generated from the highway traffic and from travelers on the Beeline Highway at that location. He sympathized with the Firerock residents' concerns but felt that the rezone was proper. Councilman Apps said he felt the Shea location was a good choice for Mr. Rider's development. Councilman Mower said he thought the property was best suitable for commercial or multi-family development even though he too had voted in favor of the commercia4-zening General Plan amendment. He stated a compromise usage could be worked out with the residents at a future date. Councilwoman Hutcheson said she could not support a zoning change with residents' opposition. She stated she felt most of the C-1 uses did not require high traffic areas and did not want to rezone land on Shea that would afford an opportunity for businesses that could and maybe should be located in the downtown area. The motion CARRIED with a 5-2 vote. Councilmen Apps and Wyman cast the nay votes. AGENDA ITEM #18 - CONSIDERATION OF RESOLUTION 1998-60, ABANDONING THE NON- VEHICULAR ACCESS EASEMENT ABANDONMENT LOCATED ALONG THE NORTHEASTERLY PROPERTY LINE OF PLAT 412B, BLOCK 6, LOTS 5, 6 AND 7, AS RECORDED IN BOOK 163 OF MAPS,PAGE 2 RECORDS OF MARICOPA COUNTY,ARIZONA. (STUART RIDER—NVAE 98-01) Since an abandonment had been applied for and was not being considered in the rezone request, Town Engineer Randy Harrel determined that it should be agendized separately. He said this abandonment would change the access from Firebrick Drive to either Firebrick or Shea Boulevard. He recommended that since the rezone request was denied that the abandonment request should be denied also. Councilwoman Wiggishoff MOVED to deny Resolution 1998-60 as presented. Vice Mayor Poma SECONDED the motion, which CARRIED unanimously. L AGENDA ITEM#19 - CONSIDERATION OF INITIATING AN AMENDMENT TO REZONE PLAT 603-A Town Council Regular Session 11/5/98 Page 6 of 12 AMENDED, BLOCK 3, LOTS 9-25, PLAT 603-C, BLOCK 4, LOTS 1-11, PLAT 604-D, BLOCK 1, LOTS 1- 15 AND PLAT 423, BLOCK 7, LOTS1-7 FROM "R1-35" ZONING DISTRICT TO "R1-35H" ZONING 4160, DISTRICT. Mr. Valder stated there were errors in the plat numbers on the agenda and that more information had been requested of staff. He requested a continuance to the next Council meeting. Councilman Mower MOVED to continue this matter to the next Council meeting. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #20 - CONSIDERATION OF RESOLUTION 1998-34, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE 30' PUBLIC ALLEY LOCATED WITHIN PLAT 207, BLOCK 1, ADJACENT TO LOTS 1,2,3,4,5 AND 17, AS RECORDED IN BOOK 147 OF MAPS, PAGE 6, RECORDS OF MARICOPA COUNTY,ARIZONA, WITH STIPULATIONS. (GAMBACORTA - ROW96-05) Town Engineer Randy Harrel said the 30' alley was located between El Lago and Gunsight Drive about 150' east of LaMontana. He said this matter had been objected to by a number of property owners in 1996 and that the applicant had now settled issues with the neighboring property owners. Notices of this abandonment had been sent to property owners and his office had received no objections. Councilman Wyman MOVED to approve Resolution 1998-34. Councilman Apps SECONDED the motion. Vice Mayor Poma asked if the 30' alley property was buildable. Mr. Harrel answered that the alley would be divided in half and given to adjacent property owners although there were unofficial notifications that Mr. Gambacorta might be purchasing those abandonments for his development. Mr. Harrel said the Town was retaining public utility, drainage and private access easements and the developer would not be able to build any building in the 30' alley. Councilman Mower asked if both ends of the alley would contain locked gates. Mr. Harrel said no gates were required at either location. Gene Gibson, who lives in the El Camero condos adjacent to the alley, presented a protest letter from the 30 units in his development. He stated the alley was needed for emergency vehicle access in the event of a fire. He also objected to the proposed three-story building planned near that location. Ken Johnson, president of a homeowners association at 12319 LaMontana, stated the alley was directly behind his condo subdivision. He asked that the access for the Fire Department be guaranteed by the imposition of a locked gate. He said he understood that the developer, Mr. Gambacorta, was planning to use part of the alleyway for parking for his building and suggested the developer use chains to secure his area. Peter Putterman, Desert Horizons, asked whether the disturbance allowance would be increased if the abandonment was approved. Wade Falcons, an architect for the developer, stated the density for the project would not be affected by the abandonment. He said the primary reason for the abandonment request was to allow usage of the alley as a driveway access to the property. He stated a three-story building was planned for this project with a maximum height of 35' and that a screening wall would be included around the property to prevent any traffic from proceeding through the alleyway area. Councilman Mower MOVED to amend the motion to require fencing be posted at both ends of the alley. Since there was no second to the amendment, the amendment DIED. The motion to approve FAILED with a 6-1 vote. Councilwoman Wiggishoff cast the aye vote. 4116, AGENDA ITEM#21 - CONSIDERATION OF RESOLUTION 1998-61, A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ORDERING AND Town Council Regular Session 11/5/98 Page 7 of 12 DECLARING THE FORMATION OF THE FOUNTAIN HILLS WATER COMPANY COMMUNITY FACILITIES DISTRICT(TOWN OF FOUNTAIN HILLS,ARIZONA). Town Attorney Bill Farrell stated a community facilities district was a special taxing district created under the authority of Arizona statutes and was similar to the Sanitary District and the Fire District. He said the Council would serve as the Board for the CFD. He pointed out that the CFD would not require any sales tax, property tax, general fund monies or a pledge by the Town of Fountain Hills in any manner to acquire Chaparral City Water Company. He said the purpose of the district was to form a vehicle for the possible acquisition of the Water Company. After hiring an outside consultant to analyze the financial information of the Water Company and after negotiations with MCO, an unwritten agreement was declared to proceed with the acquisition. He stressed that the sole direction from the Council to him was that if the purchase of the Water Company was feasible, it would have to be confined to revenues received from the Water Company. The conclusion of the analysis certified that the revenues were feasible to warrant proceeding with the acquisition. He said the electors would be asked to approve the Town's ability to be in the utility business, not whether to proceed with the acquisition and that the earliest election day would be March 9, 1999. Since MCO had imposed a deadline for a purchase decision by the Town of December 31, 1998, the CFD would be formed and then would proceed with the purchase of the utility. He stated the Town staff including the Clerk, Manager, Town Attorney and Town Accountant would be included in the CFD to complete the acquisition by the deadline date. A re-examination of the financial information, environmental and engineering studies as well as the determination of a manner of purchase, either an asset purchase or a stock purchase, would also be performed. He estimated this work would be completed in the next 6-8 weeks and the Council would be asked to approve the purchase at a regular meeting in December. He said the tax breaks to a municipality were more significant than were available to a private company. He reported the purchase price was between $31 and $33 million and would be determined by the financial position of the Water Company at the time of acquisition. Vice Mayor Poma MOVED to approve Resolution 1998-61 as presented. Councilwoman Wiggishoff SECONDED the motion. 416, Vice Mayor Poma asked if the Town would require an increase in the water rates. Mr. Farrell stated there had been an indication of a 10%-12% rate increase by the Water Company since the last increase was approved in 1991. He estimated that if the CFD purchased the Water Company a one-time rate increase in the single digits was possible. He stated funds would be required for replacement and improvements to the water system. Councilman Apps said he thought the voters should be given the chance to voice their opinion prior to the acquisition of the Water Company. Councilwoman Hutcheson said she favored the resolution to create the CFD and that she was not willing to have the Town be dependent on private parties for its water. Vice Mayor Poma stated he was satisfied with the financial position of the Water Company to proceed with the purchase. Mark Van Boeckel said he supported the purchase of the water utility by the Town rather than have a private company purchase it. He suggested the Water Company and the Sanitary District be combined to further save money to the community. Len Copetta, Mary Pilarinos, Joanne Daniels, Jerry Cain, Tom Schuelke and Walt Franklin spoke in favor with proceeding with the purchase of the Water Company. The motion CARRIED with a 6-1 vote. Councilman Apps cast the nay vote. AGENDA ITEM#22 - DISCUSSION AND CONSIDERATION OF A PROPOSED AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ADD CHAPTER 18, TOWN CENTER COMMERCIAL ZONING DISTRICT, TO PROVIDE SPECIFIC DEVELOPMENT REGULATIONS FOR THE TOWN CENTER AREA OF TOWN. Mr.Valder stated a new zoning district for the Town Center had been proposed with such as car washes and service stations a revised permitted use list. He said pedestrian-oriented uses were Town Council Regular Session 11/5/98 Page 8 of 12 encouraged such as restaurants, outdoor seating, and movie theaters. He said staff had included a process to consider architecture, design, landscaping, lighting and signage issues for the Town Center by requiring master architectural plans, lighting plans and a comprehensive sign plan to insure consistency throughout the area. Another consideration was to create a height restriction in C-2 zones of 30' rather than the current 40' maximum except for a movie theater building or approved architectural features. Councilwoman Wiggishoff MOVED to initiate an amendment to the Zoning Ordinance for a special zoning district for the Town Center. Councilman Wyman SECONDED the motion. Councilman Mower said he favored creating harsher noise restrictions for outdoor patios. Mr. Valder said the 200' standard was in the current regulations. Councilman Mower MOVED to amend the motion to change the noise amplification restriction to 100' for outdoor patios connected with restaurants. Vice Mayor Poma SECONDED the amendment. Councilman Apps said he favored the 200' limitation. Hank Lickman, MCO Properties, urged the Council to continue with their initiation and to study the CC&R's currently in effect. He said Mr. Dietz had been commissioned by MCO to develop a common theme to the downtown area regarding colors and designs and that the Council should review Mr. Dietz's work in the process of creating guidelines for the Town Center district. Tom Schuelke asked about the boundaries for the Town Center district. Mr. Valder answered that regulations creating a new zoning district were being contemplated and that requests to change the zoning on an existing parcel from the current zoning district to this new district could be considered. He said the south half of Plat 208 and the well site immediately south of Fountain Park were being targeted at this time. Walt Franklin said he supported conservative noise pollution regulations for patio-type establishments. Susan Neuhart asked if there were projects pending that would be affected by these regulations. Mr. Valder answered that renovations to the Village Bazaar site could be affected by applications of this new district. Councilman Apps stated he thought the new zoning district should not contain noise restrictions because it would limit the type of businesses that could be developed in the downtown area. Mayor Morgan agreed that to submit businesses to strict noise constraints would deter development. Mr. Valder stated a stipulation concerning hours of operation was permissible with a special use permit to enable the Council to allow a restaurant or a bar to stay open beyond 11:00 p.m. The amendment CARRIED with a 6-1 vote. Councilman Apps cast the nay vote. Councilwoman Wiggishoff asked to include restaurants with carry-out services, not just on-premise consumption. She asked about second floor uses referencing private school uses, which were prohibited from this district. Councilwoman Wiggishoff MOVED to amend the motion to transfer the prohibited uses in 18.06 (Q) and (R) to 18.03 (B)as permitted uses. Councilman Mower SECONDED the amendment, which CARRIED unanimously, The motion to initiate a zoning amendment CARRIED unanimously. AGENDA ITEM #23 - PUBLIC HEARING TO RECEIVE COMMENT ON A PROPOSED AMENDMENT TO CHAPTER 5, SECTION 5.06.E AND SECTION 5.07.B OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO PERMIT ONE FLAGPOLE PER LOT IN EITHER A FRONT OR STREET SIDE YARD IN COMMERCIAL OR INDUSTRIAL ZONING DISTRICTS UNDER CERTAIN CONDITIONS, CASE#Z98-15. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 10:35 p.m. Town Council Regular Session 11/5/98 Page 9 of 12 Planner Geir Sverdrup stated this amendment would amend the requirements for flagpoles in commercial and industrial zoning districts. He said this amendment was drafted due to some properties in Plat 208 not being able to install flagpoles because of the 100% lot coverage requirements. The Planning & Zoning Commission unanimously approved this amendment. Councilwoman Wiggishoff said she was concerned about the safety aspects. There were no comments from the public. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 10:38 p.m. AGENDA ITEM #24 - CONSIDERATION OF ORDINANCE 98-31 AMENDING CHAPTER 5, SECTION 5.06.B AND SECTION 5.07.B OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO PERMIT ONE FLAGPOLE PER LOT IN EITHER A FRONT OR STREET SIDE YARD IN COMMERCIAL OR INDUSTRIAL ZONING DISTRICTS UNDER CERTAIN CONDITIONS,CASE#Z98- 15 Vice Mayor Poma MOVED to approve Ordinance 98-31 as presented. Councilman Mower SECONDED the motion. Councilman Apps asked for clarification regarding regulations for other types of flags. Mr. Valder stated the sign regulations addressed other flags such as corporate flags, model home flags, etc. The motion CARRIED unanimously. AGENDA ITEM #25 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON A PROPOSED AMENDMENT TO CHAPTER 17,SECTION 17.05 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PROVIDE INCENTIVES FOR WIRELESS COMMUNICATION PROVIDERS TO Lie CAMOUFLAGE CELLULAR FACILITIES, CASE NUMBER Z98-014. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 10:39 p.m. Mr. Valder stated this text amendment would provide incentives for cellular communications providers to hide their towers with stealth equipment and as long as certain criteria was met, no special use permit was required. He said staff would approve these facilities administratively. There were no questions or comments from the Council or the public. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 10:40 p.m. AGENDA ITEM #26 - CONSIDERATION OF ORDINANCE 98-32 OF A PROPOSED AMENDMENT TO CHAPTER 17,SECTION 17.05 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PROVIDE INCENTIVES FOR WIRELESS COMMUNICATION PROVIDERS TO CAMOUFLAGE CELLULAR FACILITIES, CASE NUMBER Z98-014. Councilman Mower MOVED to approve Ordinance 98-32 as presented. Councilwoman Hutcheson SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#27 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT APPLICATION TO ALLOW SRP TO PLACE A WIRELESS COMMUNICATIONS FACILITY Now ON AN EXISTING 70 FOOT HIGH TOWER. CASE#SUP98-03 Town Council Regular Session 11/5/98 Page 10 of 12 Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 10:42 p.m. Mr. Sverdrup stated this request from SRP would utilize an existing 70' high power pole at the substation on Ivory Drive. He said this application was a practical method of using existing poles rather than constructing additional facilities, which would further impact views. He stated the Planning & Zoning Commission had recommended approval. Allen Garris, a representative from SRP, was present to answer questions. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 10:42 p.m. AGENDA ITEM #28 - CONSIDERATION OF A SPECIAL USE PERMIT APPLICATION TO ALLOW SRP TO PLACE A WIRELESS COMMUNICATIONS FACILITY ON AN EXISTING 70 FOOT HIGH TOWER. CASE#SUP98-03 Vice Mayor Poma MOVED to approve the special use permit application for a wireless communication facility as presented. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #29 - CONSIDERATION OF A PRELIMINARY AND FINAL CONDOMINIUM PLAT FOR THE 3-UNIT 13807 E. CAMBRIA DRIVE CONDOMINIUMS,CASE#S98-036. Mr. Sverdrup stated this three-unit condominium complex was nearly completed and was recommended for approval. Councilwoman Wiggishoff MOVED to approve the preliminary and final condominium plat as presented. Vice Mayor Poma SECONDED the motion, which CARRIED with a 6-1 vote. Councilman Mower cast the nay vote. AGENDA ITEM #30 - CONSIDERATION OF A PRELIMINARY AND FINAL CONDOMINIUM PLAT FOR THE 2-UNIT 16835 E.ALAMOSA DRIVE CONDOMINIUMS,CASE#S98-040. Mr. Sverdrup stated this duplex unit was under construction and recommended approval. Vice Mayor Poma MOVED to approve the preliminary and final condominium plat for this duplex as presented. Councilman Wyman SECONDED the motion, which CARRIED with a 6-1 vote. Councilman Mower cast the nay vote. AGENDA ITEM#31 - CALL TO THE PUBLIC Tom Schuelke addressed the Council regarding the partitions in the Community Center ballroom and suggested they be located off-center for flexibility reasons. He also suggested widening the doorway off the parking lot. He said he thought extra costs in financing the bonds for the Community Center could amount to $84,000. He thought alternative financing methods for the Community Center should be explored and an election allowing the public a vote on the March ballot should occur. AGENDA ITEM #32 - PURSUANT TO A.R.S. 38-431.03.A.3, A.R.S. 38-431.03.A.7, AND A.R.S. 38- 431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER Town Council Regular Session 11/5/98 Page 11 of 12 TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION FOR THE PURCHASE OF LEASE OF REAL PROPERTY; 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. No Executive Session was held. AGENDA ITEM#34- ADJOURNMENT. Councilwoman Wiggishoff MOVED to adjourn the meeting. Councilman Mower SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 10:49 p.m. TOWN OF FOUNTAIN HILLS 4f--101"-X" /27,7ee0C.....7 By Sharon Morgan,Mayor A I"1'bST: CA.44.i. Cassie B.Hansen,Town Clerk L PREPARED BY: Linda .Lemmen,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 5th day of November, 1998. I further certify that the meeting was duly called and that a quorum was present. DATED this 19th day of November, 1998. Cassie B.Hansen,Town Clerk L Town Council Regular Session 11/5/98 Page 12 of 12