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Home My WebLink About1999.0121.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 21, 1999 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M., Thursday, January 21, 1999, 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 from Pack 243, Sharks Patrol, Blake Anderson and Ryan Ward and the invocation, which was given 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 Sharon Morgan, Vice Mayor Al Poma and Councilmembers John Wyman, Sharon Hutcheson, Sid Apps, Marianne Wiggishoff, and Penfield Mower. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Town Engineer Randy Harrel, Director of Community Development Jeff Valder and Planners Geir Sverdrup and Dana Burkhardt. Mayor Morgan read the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JANUARY 7, 1999. AGENDA ITEM #2 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY MICHAEL BASHA FOR MEGA FOODS 102, FORMERLY LOCATED AT 5810 WEST PEORIA, GLENDALE,ARIZONA. THE APPLICATION TRANSFERS THE#9 LICENSE RECENTLY ACQUIRED BY BASHAS INC. TO THE BASHAS LOCATED AT 16605 EAST PALISADES BOULEVARD, FOUNTAIN HILLS, THEREBY KEEPING THE SOON TO EXPIRE LICENSE ACTIVE. AGENDA ITEM #3 - CONSIDERATION OF AWARDING THE BID FOR TOWN EMPLOYEE HEALTH INSURANCE SERVICES FOR CALENDAR YEAR 1999. AGENDA ITEM #4 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 2-UNIT 16623 E. ASHBROOK DRIVE CONDOMINIUMS, LOCATED AT 16623 ASHBROOK DRIVE, CASE NUMBER Z98-051. AGENDA ITEM #5 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 2-UNIT ARROYO CONDOMINIUMS,LOCATED AT 16448 ARROYO VISTA DRIVE, CASE NUMBER Z98-052. AGENDA ITEM #6 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 3-UNIT GALLERY HOMES CONDOMINIUMS 4, LOCATED AT 12828 MOUNTAINSIDE DRIVE, CASE NUMBER Z98-053. AGENDA ITEM #7 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 2-UNIT BLUE CHIP CONDOMINIUMS UNIT 31, LOCATED AT 14248 N. ASHBROOK DRIVE, CASE NUMBER Z98-054. AGENDA ITEM #8 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 2-UNIT BLUE CHIP CONDOMINIUMS UNIT 32, LOCATED AT 14257 N. FOUNTAIN HILLS BLVD., CASE NUMBER Z98-056. Town Council Regular Session 1/21/99 Page 1 of 9 Councilman Wyman MOVED to approve the Consent Agenda as read. Councilwoman Wiggishoff SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Poma Aye (lare Councilwoman Wiggishoff Aye Councilman Apps Aye Councilman Wyman Aye Councilman Mower Aye Councilwoman Hutcheson Aye Mayor Morgan Aye The motion CARRIED. AGENDA ITEM#9-MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Judge Shoob reviewed the statistical report of the Court for the month of December, 1998. A chart showing revenues comparing the first six months of this fiscal year with the previous fiscal year detailed the increase in revenues and cases filed. He expressly noted that the revenues received during the first year of the Court were in the amount of $210,000 compared with the revenues on December 31, 1998 in the amount of$2,410,000. He commended his staff for their collection efforts regarding the accounts payable amounts. AGENDA ITEM #10 - PRESENTATION BY TOWN AUDITOR CRAIG TRBOVICH OF THE COMPREHENSIVE AUDIT FINANCIAL REPORT (CAFR) FOR THE TOWN OF FOUNTAIN HILLS FOR FISCAL YEAR ENDING 6/30/98 WITH POSSIBLE ACCEPTANCE BY THE TOWN COUNCIL. Mr. Trbovich stated the three-phased report included an introductory section, financial section and statistical section. He stated this report was submitted to the Government Finance Officers Association for their annual review and that he anticipated an additional CAFR award this year. He thanked the staff for their assistance during the Town's audit and stated that the Town's financial position continued to be strong during the 1997-98 fiscal year. Councilwoman Wiggishoff MOVED to accept the Comprehensive Audit Financial Report as presented. Vice Mayor Poma SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#11 - UPDATE ON THE COMMUNITY CENTER BID OPENING BY TOWN MANAGER PAUL NORDIN. Town Manager Paul Nordin stated that bids were opened on January 14th for the Community Center but that the submitted bids were over the budget estimate. After an analysis to determine the reason certain areas contained excessive bids and additional financial options were explored, a report would be submitted to the Council at their next meeting. AGENDA ITEM#12-LEGISLATIVE UPDATE BY TOWN MANAGER PAUL NORDIN. Mr. Nordin called attention to an article in the Arizona Capitol Times that referred to the legislative budget proposal reducing state shared income tax revenues by .8% which could amount to a$40 million reduction to cities and towns. He stated that reduction would amount to $166,000 over the next two years for Fountain Hills. He pointed out the . end result of this reduction would result in less revenue than the 1972 voter-approved initiative had authorized. He said he would continue with his lobbying efforts and would keep the Council advised. Town Council Regular Session 1/21/99 Page 2 of 9 AGENDA ITEM #13 - CONSIDERATION OF ORDINANCE 99-02 AMENDING THE TOWN CODE, CHAPTER 2, MAYOR AND COUNCIL, ARTICLE 2-1, COUNCIL, SECTION 2-1-1, ELECTED ilior OFFICERS, AND SECTION 2-1-3, ASSUMPTION OF DUTIES; AND ARTICLE 2-2, MAYOR, SECTION 2-2-2, VICE MAYOR, BY INCREASING THE TERM OF THE MAYOR FROM TWO (2) YEARS TO FOUR (4) YEARS COMMENCING WITH THE TERM OF OFFICE TO BEGIN THE FIRST REGULAR TOWN COUNCIL MEETING IN JUNE, 2000; AND BY CORRECTING OTHER CODE SECTIONS IN ACCORDANCE THEREWITH. Town Attorney Bill Farrell outlined the details of Ordinance 99-02 as two minor changes and one major change to the Town Code. He said the first minor change was the clarification in Section 2-1-1 which stated the effective beginning date for a term of office would be the first meeting in June regardless of whether the candidate had obtained the majority vote either in a primary or general election. He also stated another minor change in two places was defining the eight-month term of the Vice Mayor position as being distributed among the six Council members, not including the Mayor since the Mayor was directly elected. He said the major change in Ordinance 99-02 would change the term of the Mayor from a two-year term to a four-year term effective in June, 2000 under Section 2-1- 1(b). He stated the voters had authorized the direct election of the Mayor while the Council was charged with setting the term limits of the position. Vice Mayor Poma MOVED to approve Ordinance 99-02 as presented. Councilman Wyman SECONDED the motion. Councilwoman Wiggishoff MOVED to amend the ordinance to delete the change to Section 2-1-1(b) to retain the term of the office of the Mayor as two years. Councilman Apps SECONDED the amendment. Vice Mayor Poma stated he felt that a two-year term was insufficient to learn about the Mayor's position and that a four-year term was more appropriate. Councilwoman Wiggishoff stated the term of office for the Mayor had been discussed in previous Councils and stated voters would re-elect a Mayor in a second term if they thought the person was successful in their first two years. She stated the campaign issue wasn't valid since a local election did not require time-consuming efforts for raising election funds. She also objected to creating two classes of council members, one that would be elected with the Mayor and the other class elected without the benefit of the Mayoral election, which might affect voter turnout. She suggested leaving the Mayor's term as two years. Vice Mayor Poma suggested the Council members could change their terms to two years. Councilwoman Hutcheson said she supported the two-year term for a Mayor and stated she saw a compelling reason to retain the two-year term since the public had clearly spoken on that issue by changing mayors as they had desired. She said she felt an unbalanced election would be created and that creating a four-year term would be a `taking away' of a voting privilege. Councilman Wyman said he supported a four-year term to insure that momentum and consistency would continue for the Mayor's position. He said the Mayor was the chief executive officer for the Town and needed to establish concrete relationships with neighboring officials, which he deemed hard to accomplish in a two-year term. Councilman Apps said he thought the voters would remember the performance of a Mayor during his/her first two-year term in deciding to re-elect them to a second term. He said he liked the concept practiced by the Town of Paradise Valley where the Council elected the Mayor from within its members. Mr. Nordin stated that out of 87 incorporated Arizona communities, 38 had appointed mayors, 30 cities and towns had a two-year term for a directly elected mayor, and 19 cities and towns had a four-year directly-elected mayoral term. Councilman Mower stated he was in favor of a four-year term for the Mayor's position. Comments from the public included Wally Hudson, a past Council member, who served on a government committee that had examined the formulation of the Council and the election of a Mayor from within the members of the Council. He recommended the two-year term based on his years of service. Lisa Fraverd stated since the residents were disturbed over not being allowed to vote concerning the Community Center issue, creating a four-year term would take away another opportunity to vote their concerns. She supported retaining the two-year term and possibly changing the two-year term for Council members as well. Steve Wells stated he thought residents could perceive the changing of the term of Mayor as an abuse of power by the Council. He suggested the voters be allowed to approve any such change. Tom Schuelke urged the Council not to under-estimate the ability of the voters to decide if a Town Council Regular Session 1/21/99 Page 3 of 9 Mayor should be re-elected every two years. Jerry Jaffe, Yette Seidon, Judy Dragiewicz, Joanne Daniels, and Arvid Dennis all spoke in favor of retaining the two-year term for Mayor. Councilman Wyman asked Mr. Farrell whether the Council had previously set the term limit for Mayor. Mr. Farrell stated the voters had approved the selection of a mayor by a direct election and the Council had set the term limit for the mayor's position by ordinance. Councilman Wyman pointed out that the Council was not ignoring the wishes of the electorate by discussing the changing of the term limits for mayor. After hearing the public and Council's comments, Councilman Mower stated he would change his vote and support the two-year term. Councilwoman Wiggishoff stated multiple discussions had taken place over the years regarding the change in the mayor's term and that residents should not become offended if the Council decided to again discuss this matter. The vote on the amendment to delete Section 2-1-1(b) from Ordinance 99-02 CARRIED with a 6-1 vote. Councilman Wyman cast the nay vote. The vote on the motion to approve Ordinance 99-02 as amended CARRIED unanimously. AGENDA ITEM#14 - CONSIDERATION OF RESOLUTION 1999-04 AUTHORIZING THE EXECUTION OF A PRE-ANNEXATION DEVELOPMENT AGREEMENT BY AND BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES, INC. REGARDING THE DEVELOPMENT OF APPROXIMATELY THREE HUNDRED THIRTY (330) ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF SHEA BOULEVARD AND PALISADES BOULEVARD. Town Attorney Bill Farrell stated that all 330 acres were vacant, 280 of which would be developed as 100 single- family residences in a subdivision now known as Summit Estates. He said a plat map for the preliminary and final plat for the100 units was recorded as approved by Maricopa County. The negotiations resulted with a pre-annexation agreement, which stated that the 100 single-family units would be constructed according to Maricopa County standards and that those standards were similar to the Town's standards. He said the subdivision would be gated and that cut and fill waivers for streets in the subdivision had been worked out with staff. The negotiations also resulted in the overall density as being consistent with the General Plan, i.e. one unit per acre,and that the development of the multi-family area would be under the Town of Fountain Hills' standards. The agreement would allow the Town to zone the multi-family area as M-1 PUD which would result in a lesser yield than under County standards. One hundred single-family residences and 150 multi-family units would result in a total of 250 units in an area containing 330 acres. He estimated that revenues could be received from the building permit fees in amounts from$450,000 to $650,000. He pointed out that once the pre-annexation agreement is recorded and annexation occurs the property cannot go back to its former status under Maricopa County. Councilman Mower MOVED to approve Resolution 1999-04 as presented. Councilwoman Hutcheson SECONDED the motion. Mr. Farrell assured the Council that if the annexation was not approved the construction would occur totally under Maricopa County standards and more multi-family units would be built under the R-3 zoning in the County. Councilwoman Hutcheson again pointed out that this property would likely be developed more densely if it was developed under the County standards and that the annexation assured the Town of more control over development as well as the revenues derived from the construction itself. The motion CARRIED unanimously. AGENDA ITEM #15 - CONSIDERATION OF RESOLUTION 1999-05 ESTABLISHING THE FOUNTAIN HILLS MC DOWELL MOUNTAIN PRESERVE. Town Council Regular Session 1/21/99 Page 4 of 9 Director of Community Development Jeff Valder stated the Town now owned the 386 acres as a result of the Firerock Country Club agreements and Resolution 1999-05 would create a preserve to include this land. He stated IL the Council could direct the McDowell Mountain Preservation Commission to establish a preserve maintenance plan for that area, which would cover security issues, access,trailheads, stewardship and a fire control plan. He suggested a reference in Section 1 of the resolution where an additional 200 acres of the McDowell Sonoran Preserve land that lies within the western border of the Town, which belongs to the City of Scottsdale, be omitted from the resolution at this time. He said he intended to contact Scottsdale officials to ask whether it was acceptable to include their lands within the Town's preserve and the Council would be asked to approve that addition to the preserve at a future meeting Councilman Mower MOVED to approve Resolution 1999-05 as presented excluding the 200 acres of the McDowell Sonoran Preserve owned by the City of Scottsdale. Councilman Apps SECONDED the motion. Roy Kinsey, Chairman of the McDowell Mountain Preservation Commission spoke in favor of the resolution and asked the Council to approve future lands for preservation. Don Logan stated he was concerned about future councils taking lands out of the Preserve. Attorney Farrell stated an amendment to the Town Code could be drafted to increase the majority required to dispose of any property that the Town had put into the Preserve. He said the right to function as a government was not referable and he assured the Council that it would require more than a simple majority of votes to dispose of property within the Preserve. The motion CARRIED unanimously. AGENDA ITEM #16 - PUBLIC HEARING ON REZONING 101.85± ACRES OF LAND, LOCATED NORTH OF THE PUERTO DEL LAGO SUBDIVISION, NORTH AND EAST OF THE ARRIBA DEL LAGO SUBDIVISION, EAST OF THE RANCHO MONTANA SUBDIVISION, SOUTH OF THE MIRAGE HEIGHTS CONDOMINIUMS AND SOUTH AND WEST OF THE PLAT 303 SUBDIVISION FROM THE "R-3 RUP", "R-4" AND "R-5" ZONING DISTRICTS TO THE "R1-6A PUD" ZONING DISTRICT, CASE NUMBER Z98-17 (CONTINUED FROM THE DECEMBER 10, 1998 MEETING). AGENDA ITEM#17- CONSIDERATION OF ORDINANCE 99-03 REZONING 101.85±ACRES OF LAND, LOCATED NORTH OF THE PUERTO DEL LAGO SUBDIVISION, NORTH AND EAST OF THE ARRIBA DEL LAGO SUBDIVISION, EAST OF THE RANCHO MONTANA SUBDIVISION, SOUTH OF THE MIRAGE HEIGHTS CONDOMINIUMS AND SOUTH AND WEST OF THE PLAT 303 SUBDIVISION FROM THE "R-3 RUP", "R-4" AND "R-5" ZONING DISTRICTS TO THE "R1-6A PUD" ZONING DISTRICT, CASE NUMBER Z98-17. AGENDA ITEM #18 - CONSIDERATION OF A CUT AND FILL WAIVER FOR THE PROPOSED DIAMONTE DEL LAGO SUBDIVISION, CASE NUMBER CFW98-01. AGENDA ITEM #19 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE DIAMONTE DEL LAGO SUBDIVISION, CASE NUMBER S98-032. Mayor Morgan stated the applicant had requested that Agenda Items#16-19 be continued to the February 4th Council meeting. Since the public hearing had been advertised for this meeting, she recessed the Regular Session of the Town Council and opened the public hearing to allow for comments at 7:49 p.m. Mr. Valder stated the property was currently zoned R-3 RUP, R-4 and R-5 and the request was to rezone this property to R1-6A PUD which meant a zoning change from multi-family zoned districts to a single-family zoned district and allow for a gated subdivision. He stated the applicant had agreed to construct only one-story dwellings on the ridgeline as a part of the PUD in addition to a development agreement. Joanne Daniels stated she thought the public hearing should be continued to allow the applicant to make a presentation. Town Council Regular Session 1/21/99 Page 5 of 9 Councilwoman Wiggishoff MOVED to continue the public hearing until February 4, 1999. Vice Mayor Poma SECONDED the motion. Mr. Nordin stated in addition to the public hearing, the development agreement, cut and fill waivers and preliminary plat approval were also requested to be continued. The motion CARRIED. AGENDA ITEM#20 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 6.43±ACRE, 3 LOT PROPOSED HILLTOP AT SUNRIDGE CANYON SUBDIVISION, LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF PALISADES BOULEVARD AND SUNRIDGE DRIVE, CASE NUMBER S98-043. Mr. Valder stated staff recommended approval of the preliminary plat with the stipulations contained in the staff report. He said the Town Engineer had requested an additional stipulation that an agreement should be presented to him to guarantee that owners of Lots 1-3 would assume sole maintenance for the joint-use driveway prior to the recordation of the preliminary plat. Councilwoman Wiggishoff MOVED to approve the preliminary plat for the Hilltop at Sunridge Canyon Subdivision as presented with all staff stipulations. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #21 - PUBLIC HEARING TO RECEIVE COMMENTS ON A SPECIAL USE PERMIT APPLICATION TO PERMIT THE SALES AND DISPENSING OF ALCOHOLIC BEVERAGES IN A C-C ZONING DISTRICT, SPECIFICALLY AT 17149 E. AMHURST, AKA PLAT 202, BLOCK 1, LOTS 8 & 9, CASE NUMBER SU98-06. Lve Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 7:56 p.m. Planner Geir Sverdrup stated a special use permit request had been received from Al Poma and Dale Zingg, which was a requirement of the Zoning Ordinance, and that the Planning & Zoning Commission had unanimously recommended approval with the stipulation that no packaged goods be dispensed. Councilman Poma declared a conflict of interest and stated he would not participate in discussion or voting. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 7:58 p.m. AGENDA ITEM#22 - CONSIDERATION OF THE SPECIAL USE PERMIT APPLICATION TO PERMIT THE SALES AND DISPENSING OF ALCOHOLIC BEVERAGES IN A C-C ZONING DISTRICT, SPECIFICALLY AT 17149 E. AMHURST, AKA PLAT 202, BLOCK 1, LOTS 8 & 9, CASE NUMBER SU98-06. Councilman Apps MOVED to approve the special use permit as presented. Councilman Wyman SECONDED the motion, which CARRIED with a 6-0 vote. Vice Mayor Poma abstained from voting. AGENDA ITEM #23 - PUBLIC HEARING ON ORDINANCE 99-04 AMENDING CHAPTER 7 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REQUIRE OFF-STREET GUEST PARKING AND REQUIRE THAT PARKING SPACE CALCULATIONS BE ROUNDED UP TO THE NEXT WHOLE PARKING SPACE, CASE NUMBER Z98-21. Town Council Regular Session 1/21/99 Page 6 of 9 Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 7:59 p.m. Mr. Valder stated that multi-family projects currently did not have guest parking requirements and that several projects had not provided for any off-street parking, which resulted in tandem parking, parking in the streets and obstructing traffic. He stated the Planning & Zoning Commission had initiated this ordinance to require that in multi-family projects of three units or more that a guest parking space be provided. Also when calculating the required number of parking spaces for a project, that the figure be rounded up instead of down, i.e. 16.5 spaces would require seventeen parking spaces. Councilwoman Wiggishoff asked if signage provisions were included to guarantee these additional parking spaces would be only used for guest or visitor parking rather than additional tenant parking. She asked if the calculation for duplexes could result in front yards being concreted over in certain neighborhoods. Mr. Valder stated signage requirements could be established but that enforcement of guest parking would be difficult. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 8:07 p.m. AGENDA ITEM #24 - CONSIDERATION OF ORDINANCE 99-04 AMENDING CHAPTER 7 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REQUIRE OFF-STREET GUEST PARKING AND REQUIRE THAT PARKING SPACE CALCULATIONS BE ROUNDED UP TO THE NEXT WHOLE PARKING SPACE, CASE NUMBER Z98-21. Councilwoman Hutcheson MOVED to approve Ordinance 99-04. Vice Mayor Poma SECONDED the motion, which CARRIED unanimously. Staff was directed to prepare a signage amendment to this ordinance and return it to the Council. L AGENDA ITEM#25 -PUBLIC HEARING ON REZONING 9.7±ACRES OF LAND WITHIN PARCEL "F" OF THE SUNRIDGE CANYON SUBDIVISION FROM THE "R1-10A" ZONING DISTRICT TO THE "OSR" ZONING DISTRICT, CASE NUMBER Z98-16. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 8:09 p.m. Mr. Valder stated the Council had accepted the park site west of this property in exchange for rezoning this 9.7-acre parcel to the OSR zoning district. Since all grading allowances had been used, no more development activity would take place. He said this matter was a typical clean-up ordinance and that most of the land was located between two golf course holes and also included a maintenance area. There were no questions or comments. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 8:10 p.m. AGENDA ITEM #26 - CONSIDERATION OF ORDINANCE 99-05 REZONE 9.7± ACRES OF LAND WITHIN PARCEL "F" OF THE SUNRIDGE CANYON SUBDIVISION FROM THE "R1-10A" ZONING DISTRICT TO THE "OSR" ZONING DISTRICT, CASE NUMBER Z98-16. Councilman Apps MOVED to approve Ordinance 99-05 as presented. Vice Mayor Poma SECONDED the motion, which CARRIED unanimously. L Town Council Regular Session 1/21/99 Page 7 of 9 AGENDA ITEM#27-PUBLIC HEARING ON REZONING .621 ACRES OF LAND WITHIN PARCEL "L" OF THE SUNRIDGE CANYON SUBDIVISION FROM THE "OSR" ZONING DISTRICT TO THE "R1- 6A" ZONING DISTRICT AND 4.052 ACRES OF LAND WITHIN PARCEL "L" FROM THE "R1-6A" ZONING DISTRICT TO THE "OSR" ZONING DISTRICT, CASE NUMBER Z98-18. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 8:13 p.m. Mr. Valder stated this additional rezoning request as a result of small changes to lot lines was the last clean-up effort in Parcel"L"of Sunridge Canyon. There were no questions or comments. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 8:14 p.m. AGENDA ITEM #28 - CONSIDERATION OF ORDINANCE 99-06 REZONING .621 ACRES OF LAND WITHIN PARCEL "L" OF THE SUNRIDGE CANYON SUBDIVISION FROM THE "OSR" ZONING DISTRICT TO THE "R1-6A" ZONING DISTRICT AND 4.052 ACRES OF LAND WITHIN PARCEL "L" FROM THE "R1-6A" ZONING DISTRICT TO THE "OSR" ZONING DISTRICT, CASE NUMBER Z98- 18. Councilman Mower MOVED to approve Ordinance 99-06 as presented. Vice Mayor Poma SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#29- CALL TO THE PUBLIC LY Tom Schuelke asked if language regarding the approval of a Community Center could be included on the May election and requested a public study session to discuss this matter. AGENDA ITEM#30 - PURSUANT TO A.R.S. 38-431.03.A.3 AND A.R.S. 38-431.03.A.7, VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; AND 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; RESPECTIVELY. Vice Mayor Poma MOVED to go into Executive Session. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the Regular Session of the Town Council at 8:16 p.m.to go into Executive Session. AGENDA ITEM#31 -RETURN TO REGULAR SESSION. Mayor Morgan reconvened the Regular Session of the Town Council at 9:22 p.m. L Town Council Regular Session 1/21/99 Page 8 of 9 AGENDA ITEM#32-ADJOURNMENT. 4411. Councilman Apps MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 9:22 p.m. TOWN OF FOUNTAIN HILLS By: Sharon Morgan, ayor(f-C4*----- -- A ITEST: /j/I, ,:._ /LiAt.4...--/ Cassie B.Hansen,Town Clerk PREPARED BY: Linda D.Lemm n,Executive Assistan 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 21 st day of January, 1999. I further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of February, 1999. Ca/J.LC- 33 iLIAA-41 Cassie B.Hansen,Town Clerk Slhow Town Council Regular Session 1/21/99 Page 9 of 9