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HomeMy WebLinkAbout1999.1007.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 7,1999 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M.,Thursday, October 7th, 1999, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd.,Building B Fountain Hills,Arizona. Mayor Morgan called the regular session of the Town Council to order. ROLL CALL - Following the pledge to the flag by Cub Scouts from Pack 343 - Panther Patrol, and the invocation by Councilman John Wyman,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, Al Poma, Marianne Wiggishoff, and Sharon Hutcheson. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and Director of Community Development Jeff Valder. Mayor Morgan announced that Agenda Item#6 had been postponed until the November 4, 1999 meeting and she stated she would be abstaining from the vote due to conflict of interest. She then read the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE MEETING MINUTES OF SEPTEMBER 16TH AND 28TH,1999. AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 1999-48, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED WITHIN THE PROPERTY LINE OF PLAT 604B,BLOCK 11 LOT 5 (15068 MUSTANG DRIVE) AS RECORDED IN BOOK 196, PAGE 27 RECORDS OF MARICOPA COUNTY,ARIZONA. EAA 99-21 (DALE HALL). AGENDA ITEM #3 — CONSIDERATION OF RESOLUTION 1999-42 AND CONSIDERATION OF THE NEW EA99-17, RESOLUTION 1999-49, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHERLY PROPERTY LINE OF PLAT 213,BLOCK 1,LOT 14(16710 OXFORD DRIVE) AS RECORDED IN BOOK 155 OF MAPS, PAGE 24 RECORDS OF MARICOPA COUNTY,ARIZONA. EA 99-17(WILLIAM F.HERSHEY). AGENDA ITEM #4— CONSIDERATION OF AWARDING THE BID OF SEPTEMBER 21, 1999, TO HAN MAR ENERGY FOR THE CONSTRUCTION OF THE TRAFFIC SIGNAL AT SAGUARO AND GRANDE, THE MODIFICATION OF THE SIGNAL AT PALISADES AND SAGUARO AND THE INTERCONNECT FROM PALISADES TO GRANDE. AGENDA ITEM #5 — CONSIDERATION OF THE FINAL REPLAT FOR PLAT 201, BLOCK 31 LOTS 8,9,AND 10,A LOT JOIN PROJECT. AGENDA ITEM #6 — CONSIDERATION OF THE REIMBURSEMENT AGREEMENT BETWEEN THE MARICOPA COUNTY SHERIFF'S OFFICE AND THE FOUNTAIN HILLS MARSHAL DEPARTMENT FOR THE PURPOSE OF IMPLEMENTING THE UNIVERSAL HIRING PROGRAM. AGENDA ITEM 7 — CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY L.„ THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE 1999 FALL FESTIVAL. THE ANNUAL EVENT, SCHEDULED FOR NOVEMBER 12 THROUGH 14, WILL RUN FROM 10:00 Town Council Regular and Executive Session 10/7/99 Page 1 of 11 A.M. TO 5:00 P.M. AND WILL REQUIRE THE CLOSURE OF SAGUARO BOULEVARD BETWEEN STEWART VISTA AND PARKVIEW AVENUE AND THE AVENUE OF THE FOUNTAINS BETWEEN SAGUARO BOULEVARD AND LA MONTANA DRIVE. AGENDA ITEM #8 — CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY KENNY KRELL ON BEHALF OF THREE DISCIPLINES RACING FOR THE JINGLE BELL 5K AND 1 MILE FUN RUN. THE EVENT IS SCHEDULED FOR SUNDAY, DECEMBER 19 FROM APPROXIMATELY 4:45 P.M. TO 7:00 P.M. THE EVENT, INTENDED TO RAISE FUNDS FOR THE FOUNTAIN HILLS HIGH SCHOOL CROSS COUNTRY AND TRACK TEAMS, WILL REQUIRE THE CLOSURE OF THE AVENUE OF THE FOUNAINS BETWEEN SAGUARO BOULEVARD AND VERDE RIVER DRIVE. AGENDA ITEM #9 — CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY PEGGY AFFOLTER FOR THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL THANKSGIVING DAY PARADE. THE EVENT WILL BE HELD ON THURSDAY, NOVEMBER 25, 1999 FROM 6:30 A.M. TO 11:00 A.M. AND WILL REQUIRE THE CLOSURE OF SAGUARO BOULEVARD BETWEEN EL LAGO AND PALISADES, PALISADES BETWEEN SAGUARO AND LA MONTANA,AND LA MONTANA BETWEEN PALISADES AND PARKVIEW. VEHICULAR ACCESS TO PANORAMA WILL BE LIMITED TO LOCAL TRAFFIC ONLY. AGENDA ITEM #10 — CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY MARY JO FLAHERTY FOR THE SUNRIDGE FOUNDATION. THE REQUEST IS FOR A SPECIAL EVENT LIQUOR LICENSE TO BE USED FOR THE SUNRIDGE FOUNDATION FUNDRAISER TO BE HELD ON SATURDAY, NOVEMBER 6, 1999 FROM 6:00 P.M. TO MIDNIGHT AT THE SUNRIDGE CANYON CLUBHOUSE LOCATED AT 13100 NORTH SUNRIDGE DRIVE. Mayor Morgan MOVED to approve the Consent Agenda as read. Councilman Wiggishoff SECONDED the motion. A roll call vote was taken with the following results. Councilman Apps— aye Councilman Wyman- aye Vice Mayor Mower- aye Councilman Poma— aye Councilwoman Wiggishoff- aye Councilwoman Hutcheson - aye Mayor Morgan- abstained The motion CARRIED unanimously with a roll call vote. AGENDA ITEM #11 — CONSIDERATION OF THE MAYOR'S RECOMMENDATION OF APPOINTING THREE CITIZENS TO THE PLANNING AND ZONING COMMISSION TO FILL THE VACANCIES CAUSED BY EXPIRING TERMS. Mayor Morgan MOVED to approve the appointment of David Combs,Michael Downes,and Jay Schlum each to serve a two-year term on the Planning and Zoning Commission. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #12 — ROTATION OF THE POSITION OF VICE MAYOR FROM COUNCILMAN MOWER TO COUNCILMAN APPS. THE VICE-MAYOR IS AN EIGHT-MONTH, ROTATING POSITION TO BE HELD BY EVERY COUNCILMEMBER. Vice Mayor Mower presented the nameplate "Vice Mayor" to Councilman Apps to complete the transfer of the title for the next eight-month period. Town Council Regular and Executive Session 10/7/99 Page 2 of 11 AGENDA ITEM #13 — PRESENTATION OF A TRAFFIC SAFETY REPORT BY PUBLIC SAFETY DIRECTOR STEVE GENDLER. Director Gendler stated that over a five-week period beginning mid August and running through September, Fountain Hills had experienced three vehicle accidents on Saguaro Blvd.,resulting in one fatality and 6 serious injuries requiring medical evacuation. He said that these accidents had generated considerable public interest in safety efforts. Director Gendler explained all traffic accidents had three basic causes: roadway conditions, mechanical failure or driver error. In each of the accidents just mentioned the cause was contributed to driver error. He said that because these accidents had involved driver error, law enforcement believed that education and enforcement would be appropriate responses. When considering enforcement they would look for patterns in order to deploy personnel. Since the accidents happened on Fridays, Fountain Hills Law Enforcement had diverted two officers from their regular duties to traffic duties on Friday afternoons. Since the accidents happened on Saguaro Blvd at an intersection with traffic lights, the emphasis of the officer would be to work in intersections with the traffic lights. In addition Ken Martinez,the traffic safety officer, had worked with the Town Engineering staff to lengthen the yellow cycle on the traffic light at Saguaro and Palisades from 6 seconds to 12 seconds. The change took place on September 25, 1999, and should help clear the intersection before the traffic would resume on Saguaro. Along with enforcement and the change in the traffic signal, the public information education and awareness program had been implemented. These actions would be in the form of news articles in the newspaper in order to increase traffic safety awareness among the public in a series of safety tips using the"Help Us Help You"format. He said they were looking at all alternatives to gain volunteer compliance, which would include camera use, display board, and public safety campaigns. He advised the Council that Lieutenant Scott Penrose and Officer Ken Martinez were available to answer specific questions they might have. He assured the Council that law enforcement would do everything possible to use resources in partnership with the public to try to increase traffic safety and awareness. Councilman Wyman inquired about the logic behind the lengthening the yellow signal to 12 seconds. He asked if the concern was that the public was jumping the light in anticipation of the green light. He questioned if there wouldn't be more people running a red or yellow light with the light's extended length. He asked if there were statistics on this, or was there a community who had worked with it. Director Gendler responded that the reason they had lengthened the yellow signal was to clear the intersection of cars that had already entered the intersection. Previously, the turn signal was triggered by the trip bar and would allow only one vehicle to go through the intersection. Now, with the change, if a vehicle were to run a red light, there would not be a car entering the same intersection. Councilman Wyman surmised that the time lengthening of the yellow light was to hold it for those making the turn before it changed to red. Director Gendler agreed. Councilwoman Wiggishoff stated she had the same concern as Councilman Wyman and asked if a turn arrow would be an option. Director Gendler agreed an arrow would be helpful and said they would be looking at every alternative and working with Engineering to keep the intersection as clear as possible. He said an arrow would be preferable, but he thought there were some difficulties in setting it up. Vice Mayor Apps asked if the "at fault parties", were Fountain Hills residents or a visitors. Director Gendler said one case involved visitors, one case involved residents, and the other case involved a tow truck from out of town. Vice Mayor Apps stated Council had considered photo radar and he was curious about using photo radar at intersections and asked if Director Gendler had checked into this. Director Gendler again stated law enforcement would be looking at all alternatives to improve traffic safety. Town Manager Paul Nordin interjected that the last time photo radar had been explored as an option, he had checked the cost of photo radar and it had been approximately $100,000. He reminded the Council they would need to allow for the cost of the installation and operation, which could be an additional $25,000 — 30,000 per year. Mr. Nordin suggested adding 10 — 15% for the inflation factor since it had been some time since the initial cost investigation. Mayor Morgan asked if Scottsdale's photo radar program at intersections had reduced speeding through red lights and accidents. Director Gendler stated that Scottsdale's Police Chief Bartosh, had informed him that the Town Council Regular and Executive Session 10/7/99 Page 3 of 11 red light cameras had been very successful. Director Gendler asked that the Council not focus only on photo radar and that law enforcement would be looking at all alternatives. Mayor Morgan asked if photo radar had a record of decreasing accidents. Director Gendler said that was correct. Councilman Poma assessed that what the public was doing at the intersection of Palisades and Saguaro was turning before their turn,in front of other drivers. Director Gendler agreed,but some drivers had run the light traveling straight through on the red light. Councilman Poma asked if the traffic in the area of the Dairy Queen and the Video Store was causing a lot of problems. He stated he had almost been hit at that intersection. Director Gendler said Fountain Hills had very interesting traffic patterns and, luckily, at that intersection there was a good line of sight and only near misses had been reported. Mayor Morgan stated that accidents she had witnessed seemed to be caused by inattentiveness. Vice Mayor Apps added that the incentive had changed for the company who provided the photo radar equipment. The percentage of splits and revenue now made the price more attractive for the equipment. He asked if Lt. Penrose had anything to add. MCSO Lt. Penrose stated that he and Director Gendler had worked closely together in the traffic pattern problems. He reviewed the statistical material he had provided to the Council prior to the beginning of the meeting. He stated that what was evident was the increase in injury accidents from 1998 to 1999 by roughly 40%. He said the majority of complaints his office received were speed related,but speed was not the cause of the majority of these accidents. Failure to yield and driver inattention caused these accidents. He reiterated those were the things that would need to be conveyed to the public through either community policing programs or driver education. He said drivers needed to be reminded they were driving a 2500 lb. bullet on the road. Mayor Morgan asked if the statistics could go further to see if there was a pattern of a particular age group. Lt. Penrose said they probably could but were limited when it came to categorizing the degree of injury sustained. He explained term of "injury" accidents to clarify that it would cover from minor complaints to the more serious injuries. Mayor Morgan asked if the population factor could be applied to see how it played in with the increase in accidents. Lt. Penrose turned the discussion over to Officer Ken Martinez who handed out statistical material covering January 1999 through August 1999 to the Council. He stated that in 1998 the population was 16,994 and in 1999 the population was 18,927. Councilman Mower stated that he had spent time with the Marshals Department and discovered several inconsistencies in the town ranging from speed limit, hazardous intersections, signage, striping, and limited sight views. He stated that he would be putting together a recommendation to be brought to the Council at the next meeting for their consideration regarding establishing a traffic standards committee. Vice Mayor Apps asked Town Attorney Bill Farrell if the town had any traffic related litigation problems or pending problems. Mr. Farrell said there were no pending claims that he was aware of. However, with the large number of uninsured motorists in the metropolitan area whenever there was an accident and the party at fault was underinsured or uninsured there was the potential for those involved to begin looking at the municipality and allege negligence. Vice Mayor Apps asked if it was mandatory to carry uninsured motorist insurance. Mr. Farrell said it was mandatory to have insurance, but 40—60% of the population do not carry valid insurance. Vice Mayor Apps stated that if it was required that everyone carry uninsured motorist insurance that would keep some of the liability from the town. Mr. Farrell responded that would put the State Legislature in control. AGENDA ITEM#14—UPDATE ON THE CURRENT EFFORTS OF THE TOWN TO DEVELOP AN ALTERNATIVE FUEL PROGRAM. Jim Leubner reviewed his memo on recent efforts to develop an alternative fuel program. He announced that $3 million dollars in grant money was available to all Arizona cities and towns. He said a grant application Nur had been submitted on September 17th for three additional propane vehicles. He said they would continue to consider options. He asked the Council if they would prefer a separate workshop on electric, propane, and Town Council Regular and Executive Session 10/7/99 Page 4 of 11 compress natural gas, or rather one conference inviting the three alternative fuel representatives. He also said there was an energy management conference in Tucson on Nov. 17 & 18 that he would be attending. He explained the seminars would include information on the hybrid electric vehicles (runs on both electric and gas)and two special sessions on alternative fuel technology training and availability. Vice Mayor Apps suggested that all the representatives be asked to attend one workshop. He acknowledged that they had been here before. Mr. Leubner questioned whether or not the Council would prefer to wait until after he attended two more MAG meetings and the Tucson conference before holding the workshop, perhaps later in November. Vice Mayor Apps recommended Mr. Leubner attend the seminar and plan a workshop after that. Councilman Wyman asked about the cost of the vehicles. Mr. Leubner asked what type of vehicle was he referring to: electric, gas, or propane. Councilman Wyman asked if the grant was to match whatever the municipality put towards the vehicle. Mr. Leubner responded that in their grant application they had asked for$5,000 per vehicle, which was the cost over and above the base cost of a regular gas vehicle. In discussing the grant with the energy office it was determined that, if the town wanted to later change to a c/g vehicle from a propane vehicle, the town could reapply and use the grant money on a different type of fueled vehicle. Councilman Wyman asked if the$5,000 typically covered the incremental costs. Mr. Leubner said in this case it covered the incremental costs and extended warranty. Town Manager Paul Nordin said staff would be looking at dedicated vehicles. He said most of the Town's vehicles stay in town therefore the reduced range of the propane and c/g vehicles would not be a problem as there would be refueling capabilities locally. There would be a better chance of having less maintenance and problems as now experienced with the bi-fuel vehicles. Mayor Morgan announced that Town Engineer Randy Harrel had major surgery and was progressing daily. She commended his staff in stepping up to taking over his responsibilities in his absence. Loy AGENDA ITEM #15 — UPDATE BY THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION REGARDING THEIR DRAFT RECOMMENDATION OF ACQUISITION PRIORITIES IN THE MCDOWELL MOUNTAINS. Fountain Hills' McDowell Mountain Preservation (MMPC) Commissioner John Rosenquist thanked the Council for their support of McDowell Mountain Month and outlined the month's activities and programs. Commissioner Rosenquist reviewed the MMPC's recommendation on land acquisition priorities in the McDowells, which he said had been placed in each of the Council's mailboxes this past week. He stated the letter had been signed by Vice Chairwoman Tibbetts in Chairman Roy Kinsey's absence. He went through the specific area recommendations that the Commission was making. 1. Area one - 18.6-acre parcel, which straddles Eagle Ridge North and Eagles Nest, and would be important for the value of the viewshed as well as to connect the two Town owned parcels 2. Area two—Located in the Eagles Nest area with 190+-acres above the 2500' line and considered to be the main visibility concern for the Town. It would also allow the Town to connect to the park area to the North. 3. Area three— 58+-acre parcel above the 2500' line located in Eagles Ridge North and an area that would include a specific portion of the visible jeep trail. The area would provide a trailhead in a depression not visible from Town. 4. Area four—To the west of area three, approximately 44.7 acres above the 2500' line and would incorporate a major portion of the Saguaro Forest into the preserve. 5. Area five—A 9.2-acre parcel that would guarantee vehicular assess into the preserve. It might not need to be acquired and as it might become a right-of-way for the Town. 6. .8 of an acre parcel that would give access to the McDowell Mountain Park. 7. 36-acre parcel between 2400' and 2500' elevation Now 8. Again between the 2400' and 2500' elevation 9. 36.1-acre parcel above the 2500' elevation located in the box canyon Town Council Regular and Executive Session 10/7/99 Page 5 of 11 10. 9+-acre parcel between 2400' and 2500' 11. 34+3-acre parcel between 2400' and 2500 He commended the Town staff in their efforts to break the acquisition down into reasonable size parcels that could be acquired, whether by gift, by sale, by negotiation, or by condemnation. The MMPC recommended the Council take action on a timely basis and while the land was still in its raw state. He explained that the longer the Town waited to acquire the land,the greater the chances were for development. He suggested a joint session be held with the Town Council on October 19th, which was the MMPC's regular meeting night between 5 p.m.—6 p.m. Councilman Mower commended the members of the MMPC for their efforts and work completed. He asked why there were so many different viewsheds and he inquired about the visibility of areas 9, 10 and 11. Commissioner Rosenquist stated that there were two sites selected the last time the view analysis had been done and it was from those sites several alternatives had been proposed. He said the key was to look at it from different points. The original viewshed had been done on the video before he became a member of the MMPC and it showed a more extensive view area. He stated that it had been his dream to be able to look back at the Town from the Eagles Nest area but when he hiked in the Box Canyon he had come to realize what a special area that was. He explained that was why the MMPC focused on saving as much of the land as possible. AGENDA ITEM#16— CONSIDERATION OF THE REQUEST BY THE PUERTO DEL LAGO HOA TO TRANSFER OWNERSHIP OF A PORTION OF PANORAMA WASH (TRACT "C" — PUERTO DEL LAGO PLAT). Jim Leubner stated that the HOA had requested the Town take over the wash and the maintenance of the wash as they did not have adequate funding. Residents said they felt that Fountain Lake had contributed to some of the water in the wash. He said it might be true, as there had been some leaks in the lining of the lake. The Town Engineer Randy Harrel had address the HOA in February and outlined the procedure to be used in Lior acquiring the wash. He summarized the requirements for the transfer as: 1. The property would need to be deeded over to the Town 2. The portion of Tract C would be deeded to the Town and would require a replat 3. Phase I environmental site assessment report, which had been received. Mr. Leubner stated staff recommended approval of the transfer of ownership. Councilman Mower MOVED to transfer ownership of a portion of Panorama Wash from the HOA to the Town of Fountain Hills and Councilman Poma SECONDED the motion. Town Manager Nordin acknowledged that the HOA had been very good in stepping up to their responsibility and both the HOA and developer had contributed $12,000 in cash and services that would help solve the problems in Panorama Wash. Councilman Wyman asked if only a portion of Tract C was deeded to the Town, would the Council need to be assured of the replat before they take action or wasn't it a problem. Mr. Leubner responded he didn't think it was a problem. He explained the Town would initiate the drawings and talk with the HOA to make sure they were in agreement of deeding only a portion of Tract C. Councilman Wyman asked to Mr. Leubner to confirm that the HOA was keeping a portion of Tract C. Mr. Leubner said yes. Vice Mayor Apps inquired when the Phase I Environmental was performed. Mr. Leubner said it was recent. Vice Mayor Apps asked if Council had been provided a copy of the report. Mr. Leubner said it was recent and that he did not think the Council had seen the report yet. Vice Mayor Apps requested Council be given a copy of the report. Mr.Leubner stated a copy would be provided. Vice Mayor Apps asked Mr. Leubner to confirm a prior statement that Fountain Lake may have leaked into Panorama Wash. Mr. Leubner stated staff was not sure but it was feasible. Vice Mayor Apps asked Mr. Leubner to clarify if the water found in the wash was from an artesian well or from Fountain Lake as Town Council Regular and Executive Session 10/7/99 Page 6 of 11 correspondence reviewed between the HOA and Town Engineer Randy Harrel was confusing. Mr. Leubner stated additional data after the memo from the Town Engineer regarding the Town Lake and liner that would suggest the leak was feasible. Vice Mayor Apps stated that the Town had paid $15,000 to convince the Council there wasn't a leak into the wash back in 1997. So he again requested a copy of the Phase I report to compare to the report provided in 1997. He said if he had known the truth back in 1997, he might have voted differently and now he was curious as to what the new report said. Councilwoman Hutcheson asked where the water was coming from. Mr. Leubner said the Town Engineer's letter had indicated the water problem came from an artesian well but since then it could be a combination of an artesian well and a leak from the Lake. He stated he did not have any other information at this time to prove either way. He said the Town's standpoint had been it was a potential public nuisance (Panorama Wash) and water was being pumped out now. He explained this would be the next step in taking over the wash. Councilwoman Hutcheson stated it would have to be fixed. She questioned if taking a water sample from the wash would determine where the standing water was coming from. Mr. Leubner stated he would have to check the data. Vice Mayor Apps asked what the ramifications would be if Fountain Lake was found to have been polluting underground aquifers. Town Attorney Bill Farrell stated this item was not on the agenda and said staff would get back to the Council. Councilman Poma stated he did not understand the concern with the leak as the effluent was being sprayed all over the Town. He said there was a problem in Panorama Wash and said the Town should take over the wash from the HOA and fix it. He said common sense should have told everyone that the liner would leak after 20 years. Councilman Wyman clarified the issue before the Council as a request from the HOA to transfer ownership of a portion of the wash and stated he felt the Council had moved off the original agenda item. Mayor Morgan asked if there was comment from the public. Dan Evander,President of HOA Puerto del Lago He said no one knows where the water has been coming from and he thanked the Council for their support and stated they were willing to work with the Town. Mayor Morgan asked for a vote on the motion, which CARRIED unanimously. AGENDA ITEM #17 — PUBLIC HEARING ON ORDINANCE 99-27 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5, AND SECTION 5.06. YARD, LOT AND AREA REQUIREMENTS REGARDING SWIMMING POOL SETBACK REOUREMENTS AND SECTION 5.07.B BUILDING HEIGHT REQUIREMENTS, WHICH WOULD REGULATE WHICH STRUCTURES HAVE EXCEPTIONS TO BUILDING HEIGHT LIMITATIONS. CASE NUMBER Z99-20. Mayor Morgan recessed the regular session and opened the public hearing at 7:30 p.m. Senior Planner Geir Sverdrup stated Planning and Zoning had recently changed the zoning ordinance definition of small accessory and large accessory structures. Inadvertently, swimming pools were required to meet the same requirements as the small accessory structures, thereby requiring pools to be 6' away from the main structure and meet setback for side yards. This was an oversight and therefore staff was coming forward with this request. Staff and the Planning and Zoning Commission was requesting a modification to remove the verbiage "shall be at least three feet from the main structure" as many lots in the Town were tight lots with some pools were coming as close as the foundation or the patio. Town Council Regular and Executive Session 10/7/99 Page 7 of 11 He explained they were also requesting modification of the language for structures, which might legally exceed building height. He referred to the numerous flag pole requests that staff had received, which were used to locate a business rather than just a patriotic request. He said staff recommended that flag poles be stricken from the exceptions to building height so the poles would be required to meet the building height of the zoning district in which they would be located. Staff also recommended other language changes under 5.07 (B) Exceptions: remove monuments, convert water towers to water tanks and remove paragraph #3 regarding industrial zoning districts. Councilman Mower asked Mr. Sverdrup to clarify if pools were restricted from being put in the front or side yards. Mr. Sverdrup responded that in those areas a pool could not be secured with a pool fence, as pool fences were not permitted any higher than 42" in a front yard set back or a street side yard. The pool could theoretically be placed in the front of the house as long as all the pool and the fence were behind the set back. Councilman Mower questioned if the language should be stated just that way for clarity purposes. Director Valder explained the verbiage presented was the existing standard they had right now. Front or street side yard means the required yard, which means the area within the set back. It's not stating the pool could not be built between the house and the street, it was only stating that the pool could not be built within the required yard set backs. Mr. Nordin interjected that set back area would be a better way of stating that fact. Councilman Mower agreed that would be clearer. Mr. Nordin verified what Director Valder referred to as the standard terminology used throughout the entire zoning code to describe the area within the set back. He explained that to change the verbiage would require the zoning code to be changed in many places and he validated that the language presented was consistent throughout the current zoning code. Town Attorney Bill Farrell confirmed that yard was defined as the specific area equal to the set backs so the distance beyond the set backs to the front of the house would not be considered the front yard and that was the area the swimming pool would be placed. Mayor Morgan closed the public hearing and reconvened the regular session at 7:35 p.m. AGENDA ITEM #18 — CONSIDERATION OF ORDINANCE 99-27 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5, AND SECTION 5.06. YARD, LOT AND AREA REQUIREMENTS REGARDING SWIMMING POOL SETBACK REQUIREMENTS AND SECTION 5.07.B BUILDING HEIGHT REOUIREMENTS, WHICH WOULD REGULATE WHICH STRUCTURES HAVE EXCEPTIONS TO BUILDING HEIGHT LIMITATIONS, CASE NUMBER Z99-20. Councilwoman Wiggishoff MOVED to amend the zoning ordinance as presented and Vice Mayor Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #19 — PUBLIC HEARING ON ORDINANCE 99-28 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 5,SECTION 5.18 TO REQUIRE COMMON TRASH ENCLOSURES FOR LOTS OR PARCELS WITH MORE THAN FOUR DWELLING UNITS AND TO REQUIRE ALL DUPLEX AND MULTI-FAMILY DWELLINGS TO FULLY SCREEN TRASH RECEPTACLES FROM PUBLIC VIEW,CASE NUMBER Z99-21. Mayor Morgan recessed the regular session and opened the public hearing at 7:35 p.m. Mr. Sverdrup stated staff had attempted to regain consistency in the ordinances. He said there were many places in zoning ordinance, such as parking, where the standards read four or less and this was the only portion of the ordinance that read less than four. Basically, duplexes and triplexes could have single roll out container and when referring to fourplexes, they would be required to have a trash enclosure. To maintain consistency with the other ordinances, staff would recommend the change. The addition of a requirement to screen the enclosure was for aesthetic purposes so trash enclosures would not be exposed. He said the Planning and Zoning Commission recommended approval. Town Council Regular and Executive Session 10/7/99 Page 8 of 11 Mayor Morgan asked if this ordinance included commercial areas. Mr. Sverdrup said commercial and industrial already require fully enclosed trash containers and the change requested was to bring consistency to the residential areas. Mayor Morgan stated there were commercial trash receptacles that were not enclosed. She asked if Council passed this amendment to the ordinance, would the ordinance be enforced. Mr. Sverdrup said it was staffs intent to enforce the ordinance and staff would be happy to look at any situation as directed. Mayor Morgan closed the public hearing and reconvened the regular session at 7:40 p.m. AGENDA ITEM #20 - CONSIDERATION OF ORDINANCE 99-28 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 5,SECTION 5.18 TO REQUIRE COMMON TRASH ENCLOSURES FOR LOTS OR PARCELS WITH MORE THAN FOUR DWELLING UNITS AND TO REQUIRE COMMON TRASH ENCLOSURES FOR LOTS OR PARCELS WITH MORE THAN FOUR DWELLING UNITS AND TO REQUIRE ALL DUPLEX AND MULTI-FAMILY DWELLINGS TO FULLY SCREEN TRASH RECEPTACLES FROM PUBLIC VIEW,CASE NUMBER Z99-21. Councilman Mower MOVED to amend the zoning ordinance as read and Vice Mayor Apps SECONDED the motion. Councilwoman Wiggishoff asked if gates should be added in order to allow entry in to the enclosure. Director Valder stated there was a gate description included just prior to the new language, which addressed the issue of gates. The motion CARRIED unanimously. AGENDA ITEM#21 —CALL TO THE PUBLIC. Susan Ralphe,President of Save the Mountains She informed the Council that their board of directors voted unanimously to support the McDowell Mountain Preservation Commission land acquisition plan as outlined earlier by Commissioner Rosenquist. She stated it accomplished and balanced both view preservation and public access by a trail and trailheads. She said "Save the Mountains" was a coalition of organizations and individuals who represent 100's of Fountain Hill's citizens and they urged the Town Council to formally approve the Commission's plan as outlined. She also asked the Town Council to focus on one important fact that time was very short for acquiring preserve land at raw land prices. Mark Van Boeckel He stated that since he had been one of the attendees at the July 1, 1999 meeting who had been opposed to the Town's dropping of the fuel program, he felt obliged to look into it himself. He said he contacted a General Motors executive on both propane and other things. He stated he had explained to the GM representatives that Fountain Hills had steep grades. The representatives told him they now had an engine, an EV1, which operates on very high torque. In a full size Impala it would travel from 0 to 60 in 8.1 seconds with speeds up to 120 on a charge. The vehicle could be 'h charged within one hour and a full charge in about three hours. He was told GM was improving that all the time. He was also told GM had tried to get into the Arizona market and it was very difficult. He said their vehicles were currently in California and would love to send a. team from California to Fountain Hills for a demonstration. Mr. Van Boeckel stated after he has heard back from the GM representatives, he would ask them to contact Vice Mayor Apps. He said the representatives had commented they would be competitive in pricing and they asked only to a joint advertising program. He said suggested the Mayor could pave the way for the Chamber of Commerce to promote an advertising campaign about what Fountain Hills was doing to maintain its clean state. He said propane was not a zero emission vehicle. He said there were all kinds of extra incentives being offered for operating a zero emission vehicle as opposed to those that pollute. A Town Council Regular and Executive Session 10/7/99 Page 9 of 11 decrease in registration fees would be a benefit of a zero emission vehicle. He stated he would turn the information over to the Council as soon as additional progress was made. He said GM would be able to provide propane vehicles but indicated they would like to enter the state with electric vehicles. Stan Lein, 16921 Augusta Court He said he, and the group of seven men with him, represented the truck drivers who live in Fountain Hills and pay taxes. He requested Council's assistance for parking consideration for their trucks in town. He explained that every time the drivers parked in areas where the law enforcement officers instructed them to, the public would call in complaints about trucks parking in town. He suggested the Town issue a special use permit to allow parking, perhaps in an industrial area. He confirmed they were not asking to park in front of their homes. Town Clerk Cassie Hansen announced it would be Councilwoman Hutcheson's birthday the following day and a birthday cake was brought in to celebrate the occasion. AGENDA ITEM #22 — PURSUANT TO 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 WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN POSITION IN PENDING OR CONTEMPLATED LITIGATION REGARDING THE TOWN VERSUS MCO PROPERTIES; 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 OR LEASE OF REAL PROPERTY WITH REGARDS TO THE POSSIBLE ACQUISITION OF CHAPARRAL CITY WATER COMPANY; RESPECTIVELY. Mayor Morgan called for a vote to go into Executive Session at 7:49 p.m. Councilman Wyman MOVED that the Council recess the Regular Session and convene the Executive Session and Vice Mayor Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#23—RETURN TO REGULAR SESSION. Mayor Morgan reconvened the Regular Session of the Town Council at 7:59 p.m. AGENDA ITEM#19—ADJORNMENT. Councilman Mower MOVED to adjourn the meeting. Vice Mayor Apps SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 8:00 p.m. Town Council Regular and Executive Session 10/7/99 Page 10 of 11 TOWN OF OUNTAIN HILLS By: Sharon Morgan, yor ATTEST: CA/J41, 13, Cassie B. Hansen,Town Clerk 1 PREPARED BY: /* (7- Bev Bender,Administrative 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 7th day of October 1999. I further certify that the meeting was duly called and that a quorum was present. DATED this 2151 day of October 1999. e:A/x24:_t_Q5 Cassie B.Hansen,Town Clerk lbw Town Council Regular and Executive Session 10/7/99 Page 11 of 11