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HomeMy WebLinkAbout1999.0204.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 4, 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, February 4, 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 of Pack 243,Eagle Patrol Matt Strege and Preston Fox, and the invocation by Pastor Dennis Daniel of the First Baptist 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 21, 1999. AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY SHARON MORGAN FOR THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL GREAT FAIR. THE EVENT WILL BE HELD FRIDAY AND SATURDAY, FEBRUARY 26TH AND 27TH FROM 10:00 A.M. TO 5:00 P.M.; AND SUNDAY, FEBRUARY 28TH FROM 8:00 A.M. TO 5:00 P.M. THE EVENT WILL REQUIRE THE CLOSURE OF SAGUARO BOULEVARD BETWEEN EL LAGO AND PARKVIEW FROM 5:30 P.M.THURSDAY,FEBRUARY 25TH THRU 6:00 A.M.ON MONDAY,MARCH 1sT. THE AVENUE OF THE FOUNTAINS WILL BE CLOSED AT 5:30 P.M.ON THURSDAY,FEBRUARY 25TH. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY ED ZERAMBO FOR THE SUNRISE KIWANIS FOR THE MOUNTAIN TO FOUNTAIN RACE TO BE HELD IN CONJUNCTION WITH GREAT FAIR ACTIVITIES ON SATURDAY, FEBRUARY 27TH, 1999 FROM 5:30 A.M. TO 10:30 A.M. NO ADDITIONAL STREETS WILL REQUIRE CLOSURE OTHER THAN THOSE CLOSED FOR THE FAIR. AGENDA ITEM #4 - 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 ANNUAL GREAT FAIR, FEBRUARY 26TH, 27TH AND 28TH, 1999 FROM 9:00 A.M.TO 6:00 P.M. AGENDA ITEM #5 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION POST 58 LOCATED AT 16850 EAST AVENUE OF THE FOUNTAINS. THE REQUEST IS FOR A BUILDING FUND FUNDRAISER DURING THE GREAT FAIR. THE REQUESTED HOURS OF OPERATION ARE 9:00 A.M. TO 10:00 P.M. ON FRIDAY AND SATURDAY,FEBRUARY 26TH AND 27TH,AND 10:00 A.M.TO 9:00 P.M.ON SUNDAY,FEBRUARY 28TH. AGENDA ITEM #6 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY RICK JOHNSON OF GRAVITY BROTHERS, INC. FOR THE CACTUS CUP MOUNTAIN BIKE RACE TO BE Town Council Regular Session 2/4/99 Page 1 of 9 HELD SATURDAY,MARCH 13TH,1999. THE EVENT WILL BE HELD FROM 6:00 A.M.TO 12:00 A.M.ON THE AVENUE OF THE FOUNTAINS BETWEEN LA MONTANA AND SAGUARO BOULEVARD. THE Ikw EVENT WILL REQUIRE THE CLOSURE OF THE AVENUE BETWEEN LA MONTANA AND VERDE RIVER AND PARTIAL CLOSURE OF THE AVENUE BETWEEN VERDE RIVER AND SAGUARO BOULEVARD. THIS EVENT IS PART OF THE THREE-DAY EVENT SCHEDULED AT MC DOWELL MOUNTAIN PARK. OVER 30,000 SPECTATORS AND 2,000 COMPETITORS ARE ANTICIPATED FOR THE THREE-DAY EVENT, INCREASING LOCAL TRAFFIC. THE REQUEST INCLUDES A SIGNAGE PLAN FOR DIRECTIONAL SIGNAGE THROUGHOUT FOUNTAIN HILLS. AGENDA ITEM #7 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY STEVE COMER FOR THE SUNRISE KIWANIS. THE REQUEST IS FOR A FUND FUNDRAISER DURING THE CACTUS CUP MOUNTAIN RACE. THE REQUESTED HOURS OF OPERATION ARE 5:00 P.M.TO 11:00 P.M.ON SATURDAY,MARCH 13TH, 1999. AGENDA ITEM#8- CONSIDERATION OF RESOLUTION 1999-07 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE SOUTHERLY LOT LINE OF PLAT 505D, BLOCK 3, LOT 1, (15529 EAST CENTIPEDE DRIVE), AS RECORDED IN BOOK 158 OF MAPS, PAGE 41 RECORDS OF MARICOPA COUNTY,ARIZONA (GEO.ROBERTS EA99-01). AGENDA ITEM #9 - CONSIDERATION OF APPOINTING TWO CITIZENS TO THE BOARD OF ADJUSTMENT TO FILL THE EXPIRING TERMS. Councilman Apps MOVED to approve the Consent Agenda as read. Vice Mayor Poma SECONDED the motion. A roll call vote was taken with the following results: Lor Councilman Apps Aye Councilman Wyman Aye Councilman Mower Aye Mayor Morgan Aye Vice Mayor Poma Aye Councilwoman Wiggishoff Aye Councilwoman Hutcheson Aye The motion CARRIED. AGENDA ITEM#10 - ROTATION OF THE POSTION OF VICE MAYOR FROM COUNCILMAN POMA TO COUNCILMAN MOWER. THE VICE-MAYOR IS AN EIGHT-MONTH, ROTATING POSITION TO BE HELD BY EVERY COUNCILMEMBER. Vice Mayor Poma relinquished his position as Vice Mayor to Councilman Mower and wished him well. AGENDA ITEM #11 - PRESENTATION OF APPRECIATION PLAQUES TO RAY BALDWIN AND PEGGY FIANDACA FOR THEIR SERVICE ON THE PLANNING AND ZONING COMMISSION. Mayor Morgan thanked both Ray Baldwin and Peggy Fiandaca for their service on the Planning and Zoning Commission and noted neither was present and that their plaques would be forwarded to them on behalf of the Town Council. Town Council Regular Session 2/4/99 Page 2 of 9 AGENDA ITEM#12 - QUARTERLY LAW ENFORCEMENT REPORT BY PUBLIC SAFETY DIRECTOR STEVE GENDLER. Public Safety Director Steve Gendler informed the Council that there were currently 30 officers on duty for law enforcement in Fountain Hills. There were 14 officers in the Marshal's Department and 16 officers from the Maricopa County Sheriff's Dept. During the last quarter,two out of five grant-funded positions that were filled were for the Sheriff's Dept. He stated a financial and compliance audit had been completed during the last quarter to certify grant positions and the Town had received an exemplary rating. He reviewed statistics regarding law enforcement code complaints, crime-solving cases, service calls and dog licenses and reported that all categories had shown an increase over the past year. He stated that by the end of the year 2211 dogs had been registered with the Marshal's Dept. He stated efforts would be concentrated on residential and commercial automobile burglaries as well as code enforcement efforts for animal control and protection of public property. A committee comprised of residents of the community serving as an outlet for public concerns would be organized during the next quarter with Dennis Contino serving as chairperson. He said this committee, comprised of five citizens appointed by him, would fit with the overall plan for community-oriented policing to determine law enforcement needs in the town as an information source. Both Lt. Penrose of the Maricopa County Sheriff's Office and Public Safety Director Gendler would work together with this new committee. Councilman Apps stated he thought this was a positive action to incorporate citizen input similar to other commissions currently established in the Town. Councilwoman Wiggishoff supported the formation of the idea of a citizens committee as another link to the community to determine needs and desires. AGENDA ITEM #13 - PUBLIC HEARING ON REZONING 101.85± ACRES OF LAND, LOCATED tillyNORTH 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. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 6:45 p.m. Director of Community Development Jeff Valder stated the "R1-6A" zoning would encompass the entire 101.85± acres if approved. He said in R1-6A zoning, lots were required to be at least 60' wide, the height of buildings were allowed to be 30', the rear yard setback was 10', and permits a side entry garage with a 10' front setback. He stated this area would contain a gated subdivision with one-story dwellings on the ridgeline under a planned unit development agreement. He pointed out a valley-like location within the area that was requesting 48' wide lots. He reviewed the criteria that must be met to enable the Council's approval of a planned unit development. One of the criteria, the preservation of natural features, could be considered if enough open space was provided to the satisfaction of the Council, as the other two criteria could not be achieved. Mr. Valder stated the project would be split into three phases. The first phase would be on the southern edge of the parcel and would involve a ridgeline project. The second phase would be in the valley and the ridgeline. The third phase would involve the parcel currently proposed for acquisition but awaiting the results of a bond issue election in May, 1999. If the Town did not purchase the property in the third phase, single-family homes would be built on the western side of the ridgeline. Mr. Valder showed on a map the locations where cut and fills would exceed ten feet and waivers would need to be approved. He stated cuts were generally ridgeline cuts to enable road construction and said he felt by allowing the cuts,not as many retaining walls would be needed. Town Council Regular Session 2/4/99 Page 3 of 9 As a part of the planned unit development agreement, the developer had committed to one-story homes with a height of 18' and two-story homes would be permitted in the valley-like location. Mr. Valder stated that not more than three two-story homes would be built next to each other to prevent a monotonous structure line. Also as part of the PUD, the applicant had proposed a public nature trail, which would start at Panorama across from the Fountain Park public parking lot. Even though the subdivision would be gated, the public would be permitted to walk on the sidewalks throughout the development and signage would be placed to notify the public. A connecting spur would be located in one position on the north side of the project to connect the sidewalk and nature trail. After dealing with concerns of adjacent property owners and working with the applicant, the road was moved to the north side of the ridgeline to enable construction on the south side. After this revision, he stated the gross method for hillside preservation calculations had eliminated the excess of 55,000 square feet of disturbed land and the gross method was appropriate. Mr. Valder stated there was another concern from an adjacent property owner who had asked the developer to move two lots to another site on the project. He stated 5' sidewalks on one side of the street were located on the eastern side of the ridgeline to enable subdivision property owners to maintain views. He said the applicant had requested a 40' wide right-of-way and a 28' length curb-to-curb roadway and staff recommended in the development agreement that this was permissible as long as there was one-side street parking where houses were constructed. Mr. Valder stated the development agreement included the statement of amended development standards, which allowed for relief from certain standards and specified the Town would approve the cut and fill waivers,the sidewalk construction plan, the hillside disturbance allowance, provisions for a side entry garage and a different front yard setback, and an on/off street parking agreement. He said it also included an agreement that all property owners in the Puerto Del Lago subdivision would be provided a key to the emergency gate. Other provisions prevented individual lots from being walled-off, screening walls were permissible, and required fences around swimming pools would be permitted. Other stipulations in the development agreement were revegetation concerns, design guidelines established for color and architectural style of buildings and a restriction of height limits in Phases 2 and 3. He stated Lir staff was recommending approval of all items for this subdivision. Mr. Nordin commented that a lot of cooperation had occurred between the Town staff and the developer and praised both parties for their efforts in working together. He pointed out that voluntarily downzoning this property was mutually beneficial to both parties. Councilwoman Hutcheson asked Mr. Valder how close the project came to meeting the net method for hillside disturbance. Mr. Valder stated that the hillside numbers were only a few thousand square feet short of meeting the net method after the developer changed the plans so that the houses would be constructed on the south side of the street. Councilman Poma asked if the nature trail would be paved. Mr. Valder stated the nature trail would consist of decomposed granite using materials from the site. Glen Madland, owner of Lot #13 in Puerto Del Lago adjacent to the southern part of the project, expressed his opposition to allowing an emergency access gate into his subdivision. He also said he was concerned about narrow lots having houses with three-car garages. He said he thought the first house in the Diamonte subdivision would be too close to the property line. Jim Kluge, an attorney represented Pat & Karen LeSage, owners of Lot 1 of Puerto Del Lago which is the lot closest to the southeast boundary of the project. He asked the Council to consider moving the two lots that were closest to the LeSages' to another location within the development. Mr. Valder stated the first two proposed lots were about 125'-150' away from the property line of the subdivision. Mr. Gene Baker, Sivage Thomas Homes, stated this project had taken more than 2 1/2 years of planning and had been subject to three major revisions. He stated that changes in the General Plan, zoning, Subdivision Ordinance, Town staff and Town Council had all occurred during the planning stages of his development. He pointed out the location of the two lots to be moved and pointed out the new location on the project. He stated that additional cuts would be requested to accommodate the moving of the two lots. He said the overall density had been reduced to 1.6 units per acre. He stated that lot sizes and driveway lengths would be similar to those in the Puerto Del Lago subdivision and that the proposed emergency access to that subdivision was for the benefit of both the Diamonte and Puerto Del Lago subdivisions. Ron Adler, a resident of Puerto Del Lago subdivision, wanted assurances that water would be used to Lir control the dust when grading commenced and called attention to the messes left in the washes by contractors during the development of his subdivision that had never been cleaned up. Tom Schuelke asked if the rezoning of the parcel would increase the value of the land being considered for purchase if a bond issue were approved. He spoke in Town Council Regular Session 2/4/99 Page 4 of 9 opposition to a gated subdivision and urged the developer to provide more connections were possible between the sidewalk and the nature trail. JoAnn Daniels, Brantley Drive, supported the zoning change request, the single-story Now only homes on the ridgeline, the nature trail and sidewalk access and the developer's attitude toward working with the public and staff. Hank Lickman, MCO Properties, stated the purchase price of the land in the third phase would not be affected by the rezoning of this property. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 7:30 p.m. AGENDA ITEM#14- 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. Councilman Apps MOVED to approve Ordinance 99-03 as presented. Councilman Poma SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #15 - CONSIDERATION OF A CUT AND FILL WAIVER FOR THE PROPOSED DIAMONTE DEL LAGO SUBDIVISION, CASE NUMBER CFW98-01. Councilman Poma MOVED to approve the cut and fill waivers for the proposed Diamonte Del Lago Subdivision as Iihry presented. Councilman Wyman SECONDED the motion,which CARRIED unanimously. AGENDA ITEM #16 - CONSIDERATION OF RESOLUTION 1999-06, APPROVING THE DEVELOPMENT AGREEMENT FOR DIAMONTE DEL LAGO. Councilman Apps MOVED to approve Resolution 1999-06 as presented. Councilman Wyman SECONDED the motion. Councilwoman Hutcheson asked if the relocation of the two lots would occur under the development agreement or the preliminary plat approval. Mr. Valder stated as long as the total number of lots did not increase, location changes could be made between the period when the preliminary plat and the final plat were approved. He further said that any future cut and fills as a result of the relocation would not need to come before the Council. Councilwoman Hutcheson pointed out that the trail system was open to the public and that the hillside disturbance calculations according to the Mower Amendment had met the gross method due to revisions caused by requests of staff and neighbors. She commended the developer for being very sensitive to those requests. Tom Schuelke urged the Council to delay the approval of the development agreement. Town Attorney Bill Farrell stated that the purchase of the property in question had been negotiated and pre-determined over a year ago. The motion CARRIED unanimously. AGENDA ITEM #17 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE DIAMONTE DEL LAGO SUBDIVISION, CASE NUMBER S98-032. Councilman Poma MOVED to approve the preliminary plat for the Diamonte Del Lago Subdivision as presented. Councilman Wyman SECONDED the motion, which CARRIED unanimously. Town Council Regular Session 2/4/99 Page 5 of 9 AGENDA ITEM #18 - CONSIDERATION OF RESOLUTION 1999-08, APPROVING THE DEVELOPMENT AGREEMENT FOR FOUNTAIN SUMMIT. Planner Geir Sverdrup stated this condominium project at LaMontana and Saguaro Boulevard had now been revised to 68 units, which would require a hillside disturbance transfer from the Diamonte Del Lago project of approximately 55,000 square feet. He stated the development agreement called for a 23' height limit on Phase 2 construction, a nature trail that connects to the Diamonte Del Lago subdivision, and would allow for town-enforceable design guidelines. The project did not require any cut and fill waivers. He stated the Planning & Zoning Commission had recommended denial (7-0)based on the request for the hillside disturbance transfer as being too excessive. Councilman Poma asked if there had been any recent changes to the hillside disturbance allowance. Mr. Sverdrup stated that since the P&Z Commission had reviewed the development, the applicant had drastically reduced the disturbance allowance. He said the applicant had committed to a 23' height total for any building and stem wall built on the ridgeline and would be included in revised design guidelines. Councilwoman Wiggishoff asked for clarification as to the exact number of units and the height limit restriction. Mr. Sverdrup stated the most recently revised development agreement contained 68 units and the 23' height limit. Mr. Farrell stated that the Council needed to approve the development agreement as it stands after recent revisions. Vice Mayor Mower said he was uncomfortable with the last minute changes, which prevented adequate time for review. He asked if the land disturbance would change due to the changing of the number of units. Also, he said an architectural clause should be included that stipulates the developer would conform to the cross sections of the elevations as shown in an attached exhibit. He asked staff if they had adequate time to work on the development agreement. Mr. Valder stated the materials had been submitted too late for the Friday packet and stated in the future, if the developer did not have his materials submitted for inclusion in the Friday packet, the developer's request would not be agendized. Councilman Wyman stated that even though he did not have a problem with the hillside 460 transfer amount, he was disturbed about being pressured to make a decision without the benefit of enough time to examine the materials. Councilwoman Wiggishoff pointed out that the Planning & Zoning Commission liked the design of the project, but did not agree with the hillside transfer amounts. Councilwoman Hutcheson said she was concerned about the height of stem walls and the overall height of the building on top of a ridgeline as compared to the Diamonte Del Lago height restriction of 18' or any other single-story dwelling usually permitted. Councilwoman Wiggishoff asked if the overall height was measured to the top of the chimney or another location. Mr.Valder stated the height would be measured from the stem or retaining wall line to the top of the highest part of the chimney, which would not comply with the 23' stipulation. He stated an exemption in the Zoning Ordinance allowed for an extra 2' for chimney height. Matt Behrens, an attorney representing Dan Kauffman, the developer, stated he believed the issues had been resolved and wanted to answer questions from the Council, if needed. He stated that Phase 2 contained four units that would exceed the 20' limitation in height out of the 29 that would have stem walls. He said the agreement was for the 23' height when stem walls were used in the project. He said some units would require a parapet wall to hide roof- mounted equipment. He apologized to the Council for the delay in submitting the revised development agreement. He asked the Council to approve the development agreement, as a delay would be costly to the developer who was ready to begin the project. He distributed front elevation drawings to illustrate how the buildings would look. He said the developer would include the drawings as an exhibit in the development agreement. Councilwoman Wyman again reiterated his concern about the height of stem walls and overall height of the buildings and not having enough time to review all the stipulations. Councilman Apps said he thought an illusion of the highest peak would cause an undesirable appearance and also objected to last-second changes. Leesa Fraverd, a member of the Planning & Zoning Commission, stated the Commission had not been involved in the planning stages of the development agreement and stated the public had not been given a chance to become familiar with the project. Town Council Regular Session 2/4/99 Page 6 of 9 Mr. Valder clarified that the chimney heights could amount to 8' above the parapet walls and suggested a statement L. be included in the development agreement to exempt all chimneys from the 23' height limit. Councilwoman Hutcheson MOVED to table discussion of Resolution 1999-08 to a nonspecific date. Councilman Wyman SECONDED the motion. Councilwoman Wiggishoff AMENDED the motion to table the discussion to the next Council meeting date, February 18t. Councilman Poma SECONDED the amendment to the motion, which CARRIED with a 4-3 roll call vote. Vice Mayor Mower, Councilman Poma and Mayor Morgan cast the nay votes. A vote on the main motion to table discussion, as amended, FAILED with a 4-3 vote. Councilwoman Hutcheson, Councilman Wyman and Apps cast the nay votes. The agenda item remained on the table for discussion. Vice Mayor Mower then MOVED to approve the development agreement for Summit Condominiums including staff stipulations. Councilman Poma SECONDED the motion. Councilwoman Hutcheson repeated that the Diamonte Del Lago subdivision had 55,000 square feet excess from a gross calculation. She pointed out that the Summit project needed that amount to meet the gross calculation and was concerned about the Council setting a precedent for allowing a project that did not conform to the Mower Amendment as it was written. Vice Mayor Mower stated he thought the development agreement met the best interpretation of the hillside standards and was the most suitable to enable the project to maintain the beauty of the hillside lands. Councilwoman Wiggishoff pointed out that Fountain Summit and Diamonte del Lago were contiguous projects, separate only by signatures on paper. She therefore supported the transfer of hillside acreage as well as the development agreement with the appropriate changes. Councilman Apps expressed his disappointment in not interpreting the Mower Amendment properly. Tom Schuelke asked the Council to continue discussion of this matter to the Joint Parks & Recreation Commission/Council meeting on February 8th or, if that was not possible,until the next Council meeting. Mr. Behrens, after talking with Mr. Valder, stated that the developer could agree to a two-foot limitation on the chimney above the roof level and that the architectural renderings had given the impression of tall chimneys, which the developer did not intend to construct. He stated a lot of the units would not have fireplaces, and in that instance no chimneys would be constructed. Mr. Valder stated that language would be inserted into the development agreement. The motion CARRIED with a 4-3 vote. Councilwoman Hutcheson, Councilmen Wyman and Apps cast the nay votes. AGENDA ITEM#19 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 29±ACRE, 69 UNIT PROPOSED FOUNTAIN SUMMIT CONDOMINIUMS, LOCATED EAST OF SAGUARO BOULEVARD, SOUTH OF LA MONTANA DRIVE AND NORTH OF PANORAMA DRIVE, CASE NUMBER S98-034. Mr. Sverdrup confirmed that there were 68 condominium units. Although the Planning & Zoning Commission had approved of the design of the condominiums, they recommended denial based upon the hillside transfer. He stated that the Engineering Department had reviewed all the stipulations for the preliminary plat and recommended the deletion of Stipulation#5, which required a traffic study analysis. He said the Town Engineer felt the study was not necessary. Matt Behrens, representing the developer, asked the Council to delete Stipulation #2 concerning the 5' wide, one- side only sidewalk within the project's cul-de-sac to allow for a pedestrian walkway back out onto the street. He said the decomposed granite trail provided by the project runs through the already disturbed area for the sewer line, around the units, to the cul-de-sac, around the cul-de-sac and through the desert area to join with LaMontana Drive. He stated another sidewalk exit served no real useful purpose and would encourage the public to walk on the private driveways within the development. Mr. Valder confirmed that the Town Engineer had asked for Stipulation #2 because Mr. Harrel felt that a high probability of cut-through traffic would occur because the only other exit would be to walk up the street and back down. He thought the applicant's main objection was the possibility of the grading Town Council Regular Session 2/4/99 Page 7 of 9 for the sidewalk would count against the hillside calculations. Mr. Behrens said the developer was concerned that L. the pool area would need to have an expensive card access system because the public would have such an access to the development. Councilwoman Hutcheson agreed with Mr. Behrens that the sidewalk was not necessary. Councilwoman Wiggishoff also agreed and suggested the homeowner's association look into this matter at a later date to determine if a sidewalk was necessary. Mr. Valder stated the trail easement could be put in the hillside protection easement. Councilwoman Wiggishoff MOVED to approve the preliminary plat and to delete Stipulations #2 and #5. Vice Mayor Mower SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #20 - CONSIDERATION OF THE SITE PLAN FOR A RECREATIONAL VEHICLE SALES FACILITY, LOCATED AT 12045 NORTH SAGUARO BOULEVARD, AKA PLAT 205, BLOCK 3, LOT 22. Planner Dana Burkhardt reviewed the stipulations concerning the site plan for a recreational vehicle sales facility. He stated the Planning & Zoning Commission had recommended approval of the site plan with the exception of Stipulation #6 that required a sidewalk along the Saguaro Blvd. frontage road. Councilman Poma MOVED to approve the site plan. Councilman Apps SECONDED the motion. Councilwoman Hutcheson asked why the recommended access was off the Saguaro frontage road rather than Colony Drive. Mr. Harrel stated the access entrances, either off the frontage road or the alley access, met the corner clearances to prevent traffic congestion. Councilman Wyman said he was concerned about requiring a 6' sidewalk along the frontage road of Saguaro Boulevard when there was no connecting sidewalk on the remainder of the frontage road. He thought it was inconsistent with the rest of the frontage road. Mr. Valder said he had requested the sidewalk stipulation to accommodate on-street parking and pedestrians. He stated the Planning &Zoning Commission as well as the Town ihw Engineer had not recommended the sidewalk. Councilman Poma MOVED to amend the motion to delete the sidewalk stipulation. Councilman Wyman SECONDED the amendment. Vice Mayor Mower asked where the public would park if they were visiting the RV site. Mr. Burkhardt stated there were seven parking spaces for the public and two for employees on the property but that there was the possibility of cars parking on the frontage road. Mr. Valder added that he thought there was a potential for on-street parking both on the frontage road and Colony Drive. Councilwoman Wiggishoff asked if this sidewalk was part of an overall future sidewalk plan and did the Town intend to extend the sidewalk the remainder of the frontage road. Mr. Valder stated there were no plans to extend the sidewalk. She said she considered this sidewalk a `sidewalk to nowhere'. Mayor Morgan stated she felt the sidewalk was of no value and presented a danger to pedestrians walking on and off the sidewalk. The vote on the amendment CARRIED with a 5-2 roll call vote. Vice Mayor Mower and Councilman Apps cast the nay votes. The vote on the motion to approve the site plan CARRIED unanimously. AGENDA ITEM #21 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 39-LOT, 25.22± ACRE EAGLE MOUNTAIN PARCEL 13, LOCATED WITHIN THE EAGLE MOUNTAIN DEVELOPMENT SOUTH OF SHEA BOULEVARD, CASE NUMBER S98-044. Mr. Valder stated the preliminary plat for the Parcel 13 Subdivision of Eagle Mountain development was located at the far southeastern corner of the project. He said the property was zoned R1-10A and all of the lots greatly exceeded the minimum size. Councilwoman Wiggishoff MOVED to approve the preliminary plat for Parcel 13 as Town Council Regular Session 2/4/99 Page 8 of 9 presented. Vice Mayor Mower SECONDED the motion. Steve Pritulsky, Communities Southwest representing Eagle Mountain Investors, was present to answer any questions. The motion CARRIED unanimously. AGENDA ITEM#22- CALL TO THE PUBLIC There were no comments from the public. AGENDA ITEM #23 - 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. Councilwoman Wiggishoff MOVED to go into Executive Session. Councilman Apps SECONDED the motion,which CARRIED unanimously. Mayor Morgan recessed the Regular Session of the Town Council to go into Executive Session at 9:10 p.m. AGENDA ITEM#24-RETURN TO REGULAR SESSION. Mayor Morgan reconvened the Regular Session at 10:28 p.m. irir AGENDA ITEM#25-ADJOURNMENT. Councilman Poma MOVED to adjourn the meeting. Town Attorney Farrell SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 10:30 p.m. TOWN OF FOUNTAIN HILLS B • Qa/lA4, Sharon Morgan,Mayor A!TEST: c Cassie B.Hansen,Town Clerk PREPARED BYE :.4_Y 4.0C Linda D.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 4th day of February, 1999. I further certify that the meeting was duly called and that a quorum was present. I DATED this 18th day of February, 1999. Cassie B.Hansen,Town Clerk Town Council Regular Session 2/4/99 Page 9 of 9