HomeMy WebLinkAbout1999.0916.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 16,1999
Mayor Morgan called the regular session of the Town Council to order.
ROLL CALL -Following the pledge to the flag by Cub Scouts from Troop 243—Den 2 and the invocation by
Pastor Daniel, 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 Pen Mower and Councilmembers John
Wyman, Sid Apps, and Al Poma. Councilmembers Marianne Wiggishoff and Sharon Hutcheson were absent.
Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Town
Engineer Randy Harrel,and Director of Community Development Jeff Valder.
Mayor Morgan read the Consent Agenda, which consisted of the following agenda items:
AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE MEETING MINUTES OF
SEPTEMBER 2N", 1999.
AGENDA ITEM #2 — CONSIDERATION OF RESOLUTION 1999-46, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS LOCATED ALONG THE NORTHWESTERLY PROPERTY LINE OF
PLAT 401-B, BLOCK 2, LOT 6 (10443 E. NICKLAUS DRIVE) AS RECORDED IN BOOK 155 OF
MAPS, PAGE 12 RECORDS OF MARICOPA COUNTY, ARIZONA (MARLENE M. MILLER-
SHAW).
AGENDA ITEM #3 — CONSIDERATION OF RESOLUTION 1999-47, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS LOCATED ALONG THE NORTHWESTERLY PROPERTY LINE OF
PLAT 401-B, BLOCK 2, LOT 5 (10449 E. NICKLAUS DRIVE) AS RECORDED IN BOOK 155 OF
MAPS,PAGE 12 RECORDS OF MARICOPA COUNTY,ARIZONA (MICHAEL STEVENS).
AGENDA ITEM #4— CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 3-
UNIT PARKVIEW PLAZA CONDOMINIUMS (OFFICE CONDOMINIUMS), LOCATED AT 16832
PARKVIEW AVENUE, CASE NUMBER S99-026.
AGENDA ITEM #5 — CONSIDERATION EXTENSION OF PREMISE/PATIO PERMIT
APPLICATION FOR THE ALAMO SALOON.
Councilman Apps MOVED to approve the Consent Agenda as read. Councilman Poma SECONDED the
motion. A roll call vote was taken with the following results.
Councilman Poma— aye
Councilman Apps— aye
Councilman Wyman - aye
Vice Mayor Mower- aye
Mayor Morgan - aye
The motion CARRIED unanimously with a roll call vote.
AGENDA ITEM #6 — RECOGNITION FOR GOLDEN EAGLE PARK'S ACHIEVEMENT OF THE
ARIZONA PARKS AND RECREATION ASSOCIATION'S FACILITY OF THE YEAR AWARD
FOR 1999.
Town Manager Paul Nordin announced that the Town's Golden Eagle Park facility had received the 1999
Outstanding Facility of the Year by the Arizona Parks and Recreation Association. He said it was a further
testament to the dedication of the Town's employees. Mayor Morgan recognized the Parks and Recreation
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staff members Danny Tancredi, Don Clark, and Director Robin Goodman for their accomplishment and
[ congratulated them on a job well done.
err
AGENDA ITEM 7—CONSIDERATION OF AWARDING THE BID FOR A TENNANT MODEL 6500
MID-SIZED SWEEPER IN THE AMOUNT OF$20,967.07 TO THE TENNANT COMPANY.
Parks and Recreation Director Robin Goodman stated this purchased had been discussed at an earlier budget
work-study session. Originally, staff had budgeted$27,000 for the purchase and staff had obtained prices with
Tennant's bid being the least expensive. She stated staff recommended approval. Councilman Apps stated he
was pleased to see another alternative fuel vehicle in the Town's fleet. Councilman Poma MOVED to award
the bid to the Tennant Company for the amount stated and Councilman Apps SECONDED the motion, which
CARRIED unanimously.
AGENDA ITEM#8—PUBLIC HEARING ON THE SPECIAL USE PERMIT APPLICATION FOR A
STEALTH WIRELESS COMMUNICTIONS FACILITY LOCATED AT 16239 E. IRONWOOD
DRIVE (FIRST ASSEMBLY OF GOD CHURCH,CASE NUMBER SU99-03.
Mayor Morgan recessed the regular session and opened the public hearing at 6:39 p.m.
Senior Planner Geir Sverdrup reminded the Council this item had been continued from the September 2'd
Town Council meeting. He said there had been two letters of opposition submitted to the Town. He
announced that in the interim, the applicant had changed their representatives who had requested a couple of
weeks to become familiar with the project and work with the neighborhood to see if the design could be
modified in some way. He said the applicant was attempting to find a shorter mast with a more narrow section
that would provide the same efficiency they were looking for. He reminded the Council that the Planning and
Zoning Commission had unanimously recommended denial of the application. Councilman Poma inquired
how tall the mast was from the roofline as submitted. Mr. Sverdrup responded he was not sure of how tall the
building was but estimated the mast would to be 40' above the roofline.
Jonathon Martin, 12033 Organ Pipe
He reiterated the neighborhood's objection to the mast. He confirmed he knew that at least three neighbors
had not been contacted by anyone as to an amendment or change to the application. He asked for the Council
to support their objection in this issue.
James Collins, 14698 N. Olympic Way
He stated he was a member of the Church. He expressed support for the installation and stated it would be a
benefit to the city. He stated the neighbors would not see the top of the mast, if the mast were to be located at
the proposed site. He said a flagpole in itself did not have an ordinance as to height, however, he said the
Church wanted to work with the Town to make this happen.
Morris Mickelson, 2601 West Broadway Road,Tempe/representative of Voice Stream Wireless
He stated they had been working for several weeks to come up with an alternative plan for this location. He
stated they could lower the pole height to 50'. He stated stealth flagpole manufacturers had been contacted
and those who had responded indicated no one makes a pole smaller than 14" in diameter because of the area
that must be enclosed to cover the antennas. He explained that with the church height being 35 feet tall and a
pole height of 50 feet that would leave 15 feet above the height of the church.
He said he was surprised the Town was opposed to a flagpole on a non-residential use lot, as the alternative
would be an ugly monopole. He explained there wasn't any existing verticality in that area and they had only
4 to '/8 of a mile to sight the pole in order to cover the cell area. Otherwise, they would have to look at the
alternative of splitting the cell. He said the need to increase capacity was driven by Fountain Hills' citizens
Loy and visitors' usage. He acknowledged his company was prohibited by Town ordinance from coming back
before the Council with any other application on this property for one year and users were already
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experiencing capacity lock up in this cell. He said his company would come back before the Council for their
approval every two weeks until another location was approved.
Councilman Poma inquired as to what the size was of a regular flagpole. Mr. Mickelson described the pole
they normally used as 60'- 65' and 12" in diameter with narrowing towards the top and he explained where
they planned to erect the pole on the property.
Mayor Morgan inquired if the flag would be illuminated day and night. Mr. Mickelson assured the Council
that they had no intentions of lighting it. He explained that State Law required the flag to be taken down at
night if not illuminated. Mayor Morgan then asked who would be responsible for the raising and lowering of
the flag. Mr. Mickelson said neither the church nor his company had any plans to illuminate the pole and
suggested the Council might make that a stipulation for approval. He stated if this became an issue, his
company would incur the cost of installing an automatic photocell, which would lower the flag but would still
require someone at the bottom to catch it.
Vice Mayor Mower asked if the proposed pole would be 14"in diameter all the way to the top. Mr. Mickelson
said yes and stated the communication antenna was enclosed inside at the top of the pole, which was where the
critical part was housed. Vice Mayor Mower inquired what he meant by splitting the cell as an alternative
solution. Mr. Mickelson explained that was what they were doing now. They were splitting the existing cell,
which was on Eagle Mountain and putting another cell down in this area, as that was where the capacity
problem was. This installation would release some of the traffic off the communication site on Eagle
Mountain. He apologized for any confusion.
Mayor Morgan asked if anyone could confirm the fact that the Church had contacted those in the
neighborhood as requested at the last meeting.
Anna Martin, 12033 Organ Pipe
She stated in talks with two of her neighbors, the Brants and Kovekics, they confirmed they had not been
contacted by the church.
Councilman Poma asked if there had been a request to postpone this issue. Mr. Sverdrup said there had been
no request to continue this item again. Councilman Poma asked if the Church had been directed to contact and
work with the neighbors by the next Council meeting. Mayor Morgan confirmed this and acknowledged that
not all of the neighbors had been contacted.
Peter Putterman, El Lago Blvd.
He clarified the pole would serve only those who carried the Voice Stream Wireless product/service. Other
carriers would not be effected positively or negatively.
Frank September, 16206 Palisades Blvd.
He clarified that what the Church was requesting was a flagpole and the fact that there were communications
inside of it was not a prominent feature. He said the question before the Council was would they allow the
Church to erect a flagpole within the stipulations of Town ordinances.
Mayor Morgan inquired if the Church would be asking for the flagpole if there weren't a monthly income for
the Church involved. Mr. September responded it was very likely that they would have.
Councilman Poma asked what the height of the tallest flagpole was currently in Fountain Hills. Mr. Sverdrup
stated at Four Peaks Vista there was a flagpole 77' in height. Councilman Poma inquired if there were
communications there. Mr. Sverdrup said no; it was strictly a flagpole. Mr. Sverdrup said there was an 80'
flagpole at the Sure Guard Self Storage located on Tower Drive without cellular facilities.
Mr. Sverdrup said if this had been strictly a flagpole issue, it would not have come before the Council. He
explained the ordinance stated a flagpole may exceed the maximum building height for the zoning district so
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long as its full reclining length remained on the property at all times from all angles. He concluded that if the
pole were to fall, it must remain on its property. He reminded the Council that this issue was before the
Council strictly because of the flagpole's cellular use.
Councilman Wyman asked how many cell companies were in Town. Mr. Sverdrup responded Voice Stream,
Sprint, and they had an application from MCI but he was not sure of other specific ones. He stated there were
two stealth applications in Fountain Hills with one at Shepherd of the Hills and one at the Baptist Church. He
deferred to Director Jeff Valder for additional information.
Director Valder announced the Planning and Zoning Commission had started the process to change the height
regulations for a flagpole to coincide with the building height of the zoning district. He said they had received
a number of complaints regarding the height of flagpoles that had recently been put up. He explained in two
weeks he would be back before the Council to request a change in this regulation.
Councilman Poma asked what height would they be requesting. Director Valder responded there was a 30'
height limit in most of the Town and if the property owner wanted to put a flagpole they could do so up to 30'
high.
Vice Mayor Mower asked Mr. Sverdrup to confirm the Church had been given a special use permit to
construct their building in a residential area. Mr. Sverdrup verified a church was allowed to be built in a R-
135 zoning district as "use by right". He said the Church had come to the Council with other applications,
such as this flagpole, through the special use permit process. He stated they had just completed a daycare
facility through the temporary use process. But the Church itself was a permitted "use by right" granted in all
zoning districts. Vice Mayor Mower restated the Church was located in a residential single family R-135
zoning district.
Mayor Morgan closed the public hearing and reconvened the regular session at 6:59 p.m.
AGENDA ITEM #9 — CONSIDERATION OF THE SPECIAL USE PERMIT APPLICATION FOR A
STEATH WIRELESS COMMUNICATIONS FACILITY LOCATED AT 16239 E. IRONWOOD
DRIVE(FIRST ASSEMBLY OF GOD CHURCH), CASE NUMER SU99-03.
Councilman Apps said he did not have a problem with the flagpole, but he did see a problem with the
illumination of the pole at night. He stated he would support this application, but asked how a stipulation
could be added to ensure it would not be illuminated. Director Valder stated such a stipulation could be added
to the permit and he also indicated the Council could decrease the height of the pole to 50 feet as suggested by
the company's representative.
Vice Mayor Mower stated he had problems with this application and said churches were given preferential
zoning privileges to build in residential areas because they were non-commercial and non-imposing in
character. He explained this church had come before the Council for a special use permit for a daycare
facility, which had become a very large daycare facility. He stated they had taken advantage of the
preferential zoning allowed. And now they were coming before the Council again to put up a very large and
imposing structure, which was found to be objectionable to a number of the residents who lived in the area.
He felt the church was becoming more of a commercial operation located in a residential area, so he was
opposed to the application.
Councilman Poma disagreed with Vice Mayor Mower. He said the Council could also restrict the size of the
flag. He did not feel the Council could look at past permits approved as the Church had the right and privilege
in America to come before Council with any request. He said that was why the council members were there,
to vote on the issues before them.
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Frank September, 16206 Palisades Blvd.
He stated one of purposes of a church was to be of service to its members and the community, and that was
why they were allowed in residential areas and why churches continually looked at new ministries.
Councilman Apps MOVED for approval of the special use permit with the stipulations of no illumination and
a restricted pole height of 50'and Councilman Poma SECONDED the motion, which CARRIED on a vote of
4-1. Vice Mayor Mower cast the nay vote.
AGENDA ITEM #10 — PUBLIC HEARING ON A GENERAL PLAN AMENDMENT FOR THE
NORTHWEST CORNER OF PALISADES BOULEVARD AND LAMONTANA DRIVE TO CHANGE
THE GENERAL PLAN LAND USE DESIGNATION FROM MF/M (MULTI-FAMILY MEDIUM) TO
C/R(GENERAL COMMERCIAL RETAIL), CASE NUMBER GPA99-02.
Mayor Morgan advised the public that since the Planning and Zoning Commission had continued this
application until their October 14th meeting there would be no Council action taken on this item. She stated
this item would again come before the Council on October 215`, but since it was posted for this meeting
Council would hear comments from those who would not be able to attend the October 215` Town Council
meeting.
Mayor Morgan recessed the regular session and opened the public hearing at 7:05 p.m.
Mr. Sverdrup said they had an applicant's request to change the zoning designation on the corner of La
Montana and Palisades from multi-family medium to general commercial retail. He stated they were in receipt
of nine letters of opposition. The applicant, at the last Planning and Zoning Commission meeting, had
requested a continuance to allow the zoning case, which he had also applied for, to catch up with the general
plan. He said staff was requesting that the Council continue the public hearing and application until the
October 215t Town Council meeting, to allow for action from the Planning and Zoning Commission on both
the zoning application as well as the general plan amendment.
John Canaris, 13600 Cambria
He said he and his wife had purchased their condo about six months ago, which bordered on this area. At the
time, he had been told it was zoned residential. In speaking with his neighbors, they were shocked at the
zoning change request. He opposed to the zoning change.
Mayor Morgan closed the public hearing and reconvened the regular session at 7:09 p.m.
AGENDA ITEM #11 — CONSIDERATION OF A GENERAL PLAN AMENDMENT FOR THE
NORTHWEST CORNER OF PALISADES BOUELVARD AND LAMONTANA DRIVE TO CHANGE
THE GENERAL PLAN LAND USE DESIGNATION FROM MF/M (MULTI-FAMILY MEDIUM) TO
G/R(GENERAL COMMERCIAL RETAIL),CASE NUMBER GPA99-02.
Vice Mayor Mower MOVED to continue the public hearing and the general plan amendment until the October
21st Town Council meeting and Councilman Apps SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#12—PUBLIC HEARING ON AN AMENDMENT TO THE SPECIAL USE PERMIT
FOR COPPERWYND THAT WOULD ALLOW EARLY OCCUPANCY OF THE INN PRIOR TO
COMPLETION OF THE MEETING FACILITY, CASE NUMBER SU99-06.
Mayor Morgan recessed the regular session and opened the public hearing at 7:09 p.m.
Mr. Sverdrup explained this was a request by Suntech Developers to occupy the Inn prior to the full
Loy completion of the Copperwynd project. One of the stipulations had been that the facilities, clubhouse, tennis
courts and inn would be completed prior to receiving a certificate of occupancy. He explained the applicant
had changed the project and now what was to have been a 250' gazebo adjacent to the tennis courts had
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become a 4,000 square foot meeting room facility. At the last meeting,the applicant said they were looking at
an eight to ten month construction period so they were requesting to amend the stipulation to allow early
f occupancy at the Inn since they had upgraded their facility concept. He said staff and the Planning and Zoning
(icev Commission recommended approval.
Mayor Morgan closed the public hearing and reconvened the regular session at 7:11 p.m.
AGENDA ITEM#13— CONSIDERATION OF AN AMENDMENT TO THE SPECIAL USE PERMIT
FOR COPPERWYND THAT WOULD ALLOW EARLY OCCUPANCY OF THE INN PRIOR TO
COMPLETION OF THE MEETING FACILITY,CASE NUMBER SU99-06.
Vice Mayor Mower MOVED for approval of an amendment to the special use permit and Councilman Apps
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #14 — PUBLIC HEARING ON ORDINANCE 99-26, AMENDING THE EXISTING
"R-5 PUD" ZONING DISTRICT, WHICH WOULD ALLOW THE VILLAS AT COPPERWYND
CONDOMINIUM PROJECT TO BE A GATED COMMUNITY,CASE NUMBER Z99-19.
Mayor Morgan recessed the regular session and opened the public hearing at 7:12 p.m.
Mr. Sverdrup said this was a request by Suntech Development to amend the existing zoning to allow the villas
at Copperwynd to be a gated community. He explained that when the R-5 PUD was originally applied for and
discussed before the Planning and Zoning Commission and Town Council, the applicant and staff had
discussed the gating of the villas. For some reason, the language specifying the ability to gate the villas was
never included in the ordinance. So at the request of the Director Valder, Suntech requested the application be
amended. He stated staff and the Planning and Zoning Commission recommended approval.
. Councilman Poma questioned whether the plans showed the villas to be gated. Mr. Sverdrup stated the plans
indicated gating but was unsure in what detail they were drawn. He stated the application for the R-5 PUD
had included gating for the condominium project, the staff report had discussed it, and the presentations to
both the Planning and Zoning Commission and the Town Council had included a gated facility. The wording
merely did not make it into the ordinance. Therefore,based on what staff knew was the applicant's intent,they
could not just grant the applicant the ability to gate. He said the Town Council would have to grant the PUD
in order to allow the gate. Mr. Sverdrup confirmed for Councilman Poma that the gated community would be
private streets taken care of by them.
Vice Mayor Mower said he had always understood the project to be a gated community and was surprised
when he found this agenda item before him. Town Manager Paul Nordin said staff viewed this as an
unintentional oversight, which needed to be corrected.
Councilman Poma inquired if staff made the mistake, why should the developer pay $1,000. Mr. Nordin
deferred his question to Director Valder. Director Valder stated at the time, the applicant had not asked for the
PUD. It was a request to rezone from a R1-6 to a R-5 PUD to allow for the condominiums and the hotel. He
explained while they had talked of it as a gated project, it was never specifically asked for. He said they all
assumed that it would be,but the specific language was never requested so it was never a part of the ordinance.
So, when the applicant applied to construct the gate and staff reviewed the zoning on the site staff and found
there wasn't any wording which would allow the gates, it was at that point he had requested the applicant
apply for a rezoning, which they graciously did. He said he did not know whose fault this omission was.
Councilman Poma stated the blueprints showed a gated community. Director Valder said that at the time of
the preliminary plat approval, the plans showed where the units would be. He said he recalled talking about it
being a gated community but reminded the Council to remember when it was rezoned it, had been rezoned
prior to the applicant coming in with specific plans. He said staff knew it would be a condominium project
with a health spa and a lodging component,but the specific issues were not known at that point and time.
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Edwin Keyes Agate Knoll Place
He was opposed to gated communities due to the negative message of the concept. He expressed concern that
the access to the Box Canyon would be lost because of where the project was being built. He asked what
access would take its place if that area was gated off.
Vice Mayor Mower said fie was not sure if the gated community would have any effect with respect to access
into the Box Canyon. He asked Director Valder for clarification on the access. Director Valder said there was
a public road, which extended from Palisades to the mouth of the Canyon. He reminded them this was all
private property and posted for no trespassing and therefore, anyone who had been hiking up there probably
had not been hiking in the area legally. He said it would not be appropriate for the Town to look at ways for
the public to illegally access private property.
Councilman Wyman asked if in the event that the Town should acquire the Box Canyon, would there be an
access to it. Director Valder explained that should the Town or another public entity acquire preservation land
in the canyon, legal access, assuming it would be in the higher portions of the canyon, would also need to be
acquired. He stated that even with the 388 acres now owned the Town did not have a way up there.
Councilman Wyman pointed out that a gate at Copperwynd would not preclude the entering of the Box
Canyon. Director Valder agreed and stated there was a road on the south side of the project that was open to
the public.
Mayor Morgan closed the public hearing and reconvened the regular session at 7:20 p.m.
AGENDA ITEM #15 — CONSIDERATION OF ORDINANCE 99-26, AMENDING THE EXISTING
"R-5 PUD" ZONING DISTRICT, WHICH WOULD ALLOW THE VILLAS AT COPPERWYND
CONDOMINIUM PROJECT TO BE A GATED COMMUNITY, CASE NUMBER Z99-19.
Councilman Apps stated he was opposed to gated communities and tired of access being cut off. Vice Mayor
Mower stated the Council was being asked to correct an oversight on a project, which had originally been
planned as a gated community.
Councilman Wyman MOVED for approval of amending the existing zoning district to allow the Villas at
Copperwynd to be a gated community and Vice Mayor Mower SECONDED the motion, which CARRIED
on a vote of 4- 1. Councilman Apps cast the nay vote.
AGENDA ITEM#16—CALL TO THE PUBLIC.
No one from the public came forward.
AGENDA ITEM #17 — PURSUANT TO A.R.S. §38-431-3.A.3., A.R.S. §38-431.03.A.4., A.R.S. §38-
431.03.A.7., VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION
FOR LEGAL ADVISE WITH THE ATTORNEY OF THE PUBLIC BODY; 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; AND DISCUSSION OR
CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN
ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING
NEGOTIATION FOR THE PURCHASE OR LEASE OF REAL PROPERTY; RESPECTIVELY.
Mayor Morgan called for a vote to go into Executive Session at 7:24 p.m. Vice Mayor Mower MOVED that
the Council recess the Regular Secession and convene the Executive Session and Councilman Poma
SECONDED the motion, which CARRIED unanimously.
Cor
AGENDA ITEM#18—RETURN TO REGULAR SESSION.
Mayor Morgan reconvened the Regular Session of the Town Council at 8:17 p.m.
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