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Home My WebLink About2000.0120.TCREM.Minutes MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 20,2000 L Mayor Morgan called the executive session of the Town Council to order at 5:30 p.m. ROLL CALL: - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Sid Apps and Councilmembers John Wyman, Pen Mower, 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. AGENDA ITEM#1 —PURSUANT TO A.R.S. §38-431.03.A.4., AND 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 PENDING OR CONTEMPLATED LITIGATION REGARDING THE TOWN VERSUS MCO PROPERTIES AND THE MCO COMMITTEE FOR REFERENDUM VERSUS THE TOWN OF FOUNTAIN HILLS AND CASSIE HANSEN TOWN CLERK, 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 AND THE LEASE FOR TOWN HALL OFFICE SPACE; RESPECTIVELY. THE EXECUTIVE SESSION WILL RECESS AT 6:25 P.M AT WHICH TIME THE COUNCIL WILL CONVENE THE REGULAR SESSION. THE EXECUTIVE SESSION WILL RECONVENE IMMEDIATELY FOLLOWING THE REGULAR SESSION. Councilman Mower MOVED the Council go into Executive session and Vice Mayor Apps SECONDED the motion, which CARRIED unanimously. are AGENDA ITEM #2 — RECESS THE EXECUTIVE SESSION TO CONVENE THE REGULAR SESSION. Mayor Morgan recessed the executive session temporarily at 6:29 p.m. and called the regular session of the Town Council to order at 6:30 p.m. Following the pledge to the flag by Scout Jason Sercu from Pack 243 — Scorpion Patrol, and the invocation by Pastor Joe Bjerkestrand—Shepherd of the Hills Lutheran Church,roll call was taken. ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Sid Apps and Councilmembers John Wyman, Pen Mower, 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 read the Consent Agenda, which consisted of the following agenda items 3 -8: AGENDA ITEM#3—CONSIDERATION OF APPROVING THE MEETING MINUTES OF JANUARY 6,2000. AGENDA ITEM #4 — CONSIDERATION OF RESOLUTION 2000-02 ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE SOUTH EASTERLY PROPERTY LINE OF PLAT 603B, BLOCK 4, LOT 6 (15711 E. CHOLLA DRIVE) AS RECORDED IN BOOK 161 OF MAPS, PAGE 41 RECORDS OF MARICOPA COUNTY,ARIZONA (SHELBY & BONNIE CHRISTY). AGENDA ITEM #5— CONSIDERATION OF RESOLUTION 2000-03 AMENDING THE MUNICIPAL Town Council Regular and Executive Session 1/20/2000 Page 1 of 6 COURT FEES ESTABLISHED BY RESOLUTION 1997-60 BY ADDING A COURT USER FEE AND INCREASING THE RETURNED CHECK CHARGE; AND ESTABLISHING AN EFFECTIVE DATE. AGENDA ITEM #6— CONSIDERATION OF THE FINAL AND PRELIMINARY PLAT FOR THE 10- UNIT PARKVIEW CENTER CONDOMINIUMS, LOCATED AT 16716 E. PARKVIEW AVENUE, CASE NUMBER S99-041. AGENDA ITEM #7 — CONSIDERATION OF THE FINAL AND PRELIMINARY PLAT FOR THE 2- UNIT SAGUARO/STERLING CONDOMINIUMS UNIT 1, LOCATED AT 14422 N. SAGUARO BOULEVARD,CASE NUMBER S99-048. AGENDA ITEM #8 — CONSIDERATION OF THE FINAL AND PRELIMINARY PLAT FOR THE 8- UNIT VERDE RIVER BUSINESS CENTER CONDOMINIUMS,LOCATED AT 13225 VERDE RIVER DRIVE, CASE NUMBER S99-049. Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Vice Mayor Apps SECONDED the motion. A roll call vote was taken with the following results. Vice Mayor Apps - aye Councilman Wyman— aye Councilwoman Mower- aye Mayor Morgan- aye Councilman Poma- aye Councilwoman Wiggishoff— aye Councilwoman Hutcheson- aye The motion CARRIED unanimously with a roll call vote. AGENDA ITEM#9—MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Magistrate Shoob thanked the Council for passage of Resolution 2000-03. He stated that December had been Now the most active month that the court had ever had with 620 filings. He acknowledged the upward trend and pointed out that both the criminal traffic and misdemeanor cases were increasing as well an increase in the civil traffic cases, just not at the same percentage. He said the court was seeing more DUI and driving without licenses or insurance on a daily basis. He stated the court had another record month, collecting some $42,000 with the overall outstanding decreasing. He announced the court's total revenue to date as approximately $206,000. He explained that$90,000 in surcharges went to the State out of that$206,000 and the Town realized $117,000. He said he hoped with the passage of Resolution 2000-03 the Town would now be able to keep more of the revenue. Councilman Wyman asked if the high number of cases seen by the court for DUI and driving without licenses or insurance was because of the high degree of building the Town was currently experiencing. Thereby the Town could expect these cases to dissipate over time when the Town was built-out and there were less out-of-town workers. Magistrate Shoob agreed with Councilman Wyman's assessment but pointed out that there would be more and more new residents because of the building, with a potential they might take up the slack. AGENDA ITEM #10 — CONSIDERATION OF APPOINTING ONE YOUTH AND THREE ADULT MEMBERS TO THE PARKS AND RECREATION COMMISSION TO FILL ONE YOUTH AND THREE ADULT VACANCIES. Mayor Morgan explained that the Council had interviewed the candidates prior to the Council Meeting and the consensus was to appoint: Cimber Nuessel/Youth, George Williams, Richard Schmidt, and reappoint Tim Brown. Councilwoman Wiggishoff MOVED to approve the suggested list and Councilwoman Hutcheson SECONDED the motion,which CARRIED unanimously. Town Council Regular and Executive Session 1/20/2000 Page 2 of 6 AGENDA ITEM #11 — DISCUSSION OF THE COMPLAINT PROCESS/PROCEDURE AVAILABLE REGARDING AIRCRAFT NOISE IN THE FOUNTAIN HILLS AIRSPACE CAUSED BY SKY HARBOR INTERNATIONAL AIRPORT TRAFFIC. Mayor Morgan stated that this item had been requested by Councilwoman Hutcheson and turned the discussion over to her. Councilwoman Hutcheson said she had two residents call her asking if the Town had any way of tracking airplane noise complaints. She had admitted she did not know and had requested that the Town Manager call the resident and look into that. Town Manager Paul Nordin explained the actions he then took. He contacted Sky Harbor International Airport after talking with the resident. He said he found out there was an "air traffic noise" hotline. He explained the proper procedure for the residents would be to call the hotline, 602-683-2669, which was manned by personnel 24 hours a day, seven days a week, and register their complaint. He proposed this information be put on Channel 11 for public information. He suggested this be the first step and see how that worked. He said he would follow up with the Sky Harbor Airport in getting a report as to how many residents utilized the hotline. AGENDA ITEM #12 — PUBLIC HEARING ON A SPECIAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY IN THE R1-10 ZONING DISTRICT, LOCATED ON LOTS 5 & 6, BLOCK 5, FINAL PLAT 505-a AKA 15944 ROCKY MOUNTAIN PLACE, CASE #SU99-09. (THIS ITEM WAS CONTINUED AT THE DECEMBER 2, 1999 COUNCIL MEETING.) Mayor Morgan opened the public hearing at 6:43 p.m. Senior Planner Geir Sverdrup said the applicant was working with MCO Properties to relocate this site to the water tank. He proposed that the Council continue this item to the second meeting in February as there had not been any resubmittals. This would give the applicant time to resubmit and staff to review the site Mayor Morgan reconvened the regular session at 6:44 p.m. AGENDA ITEM #13 — CONSIDERATION OF A SPECIAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY IN THE R1-10 ZONING DISTRICT, LOCATED ON LOTS 5 & 6, BLOCK 5,FINAL PLAT 505-A AKA 15944 ROCKY MOUNTAIN PLACE,CASE#SU99-09. Councilman Wyman MOVED to continue this item until the Council's second meeting in February and Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #14 — PUBLIC HEARING ON A SPECIAL USE PERMIT APPLICATION TO PERMIT CONSTRUCTION EQUIPMENT STORAGE AS A SPECIAL USE IN THE "C-3" ZONING DISTRICT, LOCATED AT 12043 N. PANORAMA, AKA FINAL PLAT 302-AM BLOCK 1, LOT 15, CASE NUMBER SU99-11. Mayor Morgan opened the public hearing at 6:45 p.m. Director of Community Development Jeff Valder stated this was an application, by the Water Company, for a special use permit for a construction and equipment storage yard. The site was just to the northeast of the water company's offices and currently an undeveloped vacant lot. The applicant would like to construct a screened wall around the perimeter of the property and use it to store construction equipment and whatever else they typically use for activities in running the Water Company. He acknowledged a couple of stipulations regarding the location of walls but staff recommended approval with those stipulations. Councilman Poma asked why staff was recommending approval without an eight-foot wall, which was required. Director Valder clarified the applicant was required to construct an eight-foot concrete block screen wall just as everyone else was. Mayor Morgan reconvened the regular session at 6:47 p.m. Town Council Regular and Executive Session 1/20/2000 Page 3 of 6 AGENDA ITEM #15 — CONSIDERATION OF A SPECIAL USE PERMIT FOR A SPECIAL USE PERMIT APPLICATION TO PERMIT CONSTRUCTION EQUIPMENT STORAGE AS A SPECIAL USE IN THE "C-3" ZONING DISTRICT, LOCATED AT 12043 N. PANORAMA, AKA FINAL PLAT 302-AM BLOCK 1,LOT 15,CASE NUMBER SU99-11 Councilman Poma MOVED to approve the special use permit as presented and Vice Mayor Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #16 — PUBLIC HEARING ON ORDINANCE 00-02 REZONING THE 13.08± ACRE, PARCEL 12, LOCATED EAST OF SAGUARO BOULEVARD, SOUTH OF EL LAGO BOULEVARD AND NORTH OF KIWANIS DRIVE, FROM THE "C-1" COMMERCIAL ZONING DISTRICT TO THE"TCC"TOWN CENTER COMMERCIAL ZONING DISTRICT,CASE NUMBER Z99-25. Mayor Morgan opened the public hearing at 6:48 p.m. Director Valder explained this was an application by MCO to rezone a 13-acre site just south of the park from C-1 to the TCC zoning district. He said there was a plat making its way through the Town review process that would subdivide this site into 3 to 4 parcels of land. The "Well Site" also known as "Parcel 12" was one of the pieces of the Town Center which was intended to be rezoned to the TTC zoning when the Council traded that new Commercial Zoning District approximately 18 months ago. What the TTC Zoning District would do that would be in favor of the property owner was increase the height limitation to 30-foot, where as the C-1 Zoning District had 25-foot height limit. He explained the difference in uses between the two zoning districts as the TTC zoning regulations were modified to allow more uses as opposed to the C-1 Zoning. He stated a benefit to the town would be that the property would have to conform to the more restrictive landscaping standards and go through an architectural review process. He reminded the Council that they had traded a master architectural, landscaping,and lighting plan that all properties within this zoning district would have to conform with. He said because of those other controls that the Town had, property owners would have to ask for the Town to rezone their land into this zoning district because of the architectural control abilities the Town had not required in other zoning districts. He stated staff recommended Council approval. Councilman Mower inquired if this wouldn't be where one of the effluent plants would be constructed. Director Valder responded yes. Councilman Mower asked if the TCC Zoning District allowed for a water treatment plant. Director Valder responded yes and explained that the Sanitary Districts did not need to comply with the zoning regulations. However, staff was working with representatives from MCO to draft a set of restrictions that would enable both the Town and or MCO to confine, by restrictions on a deed, the uses that could be put in there, which would be enforceable with the Sanitary District. Director Valder explained that the Sanitary District, without any other controls in place, could locate there as long as the uses were related to the Sanitary District's function for the water treatment plant. He said those restrictions would address that issue and would be recorded against that piece of land before the plat was recorded and prior to the land being conveyed to the Sanitary District. Mayor Morgan reconvened the regular session at 6:52 p.m. AGENDA ITEM #17 — CONSIDERATION OF ORDINANCE 00-02 REZONING THE 13.08± ACRE, PARCEL 12, LOCATED EAST OF SAGUARO BOULEVARD, SOUTH OF EL LAGO BOULEVARD AND NORTH OF KIWANIS DRIVE, FROM THE "C-1" COMMERCIAL ZONING DISTRICT TO THE"TCC"TOWN CENTER COMMERCIAL ZONING DISTRICT,CASE NUMBER Z99-25. Councilwoman Wiggishoff MOVED to approve Ordinance 00-02 and Councilman Wyman SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #18 — CONSIDERATION OF A CUT AND FILL WAIVER FOR THE PROPOSED FIREROCK COUNTRY CLUB PARCELS 0-1 AND 0-2 PRELIMINARY PLAT, CASE NUMBER CFW99-10. Senior Planner Sverdrup said this was the cut and fill waiver requested associated with Parcels 01 and 02. He Town Council Regular and Executive Session 1/20/2000 Page 4 of 6 said the fill request was displayed on the overhead projector. He pointed out the parcel close to the Shea Boulevard right-of-way. He explained the fills displayed were required to get the roadway to bridge across the washes. He explained the Community Development and Engineering staffs had worked to try and mitigate these as much as possible. He said when looking at changing the vertical curve or bringing them closer into the kiiir hill in an effort to follow the topography more, a more dangerous road resulted. By working with the Engineering Department, a very safe road had been developed, which required very little site easements, although it did require two 14-foot, a 16-foot, and a 17-foot fill. He explained that what staff was doing to further mitigate the impact was to require all fill slopes meet Chapter 5 requirements of 42" terraced retaining walls. He reviewed that further into the project, which was less visible, there was a 12-foot cut that would also be required to have the same 42" terraced retaining wall. He stated that staff and the Planning and Zoning Commission recommended approval. Councilwoman Wiggishoff inquired what the speed limit was to be on that street. Mr. Sverdrup deferred to a staff member, Sr. Civil Engineer, Jim Leubner. Mr. Leubner said the speed limit on Firerock Country Club Drive was 25 M.P.H., Hillside Road was 20 M.P.H., and on minor collector roads, the speed limit was 30 m.p.h. He reviewed the design process and explained staff tried to minimize the fills as much as possible and by doing that the best design had been achieved. Councilman Poma MOVED to approve the cut and fill waiver and Vice Mayor Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#19—CONSIDERATION OF THE PRELIMINARY PLAT FOR THE PROPOSED 48- UNIT, 7-TRACT FIREROCK COUNTRY CLUB PARCELS 0-1 (9.07t AC.) AND 0-2 (66.02± AC.) PRELIMINARY PLAT,CASE NUMBER S99-036. . Senior Planner Sverdrup said the request was for Firerock Country Club Parcel 01, which was a nine-acre 13 lot 2 tract subdivision and 02, which was a sixty-six-acre 34 lot five tract subdivision. He reviewed that Council had just approved the cut and fill waiver for this project. He explained that the staff report stipulations addressed both the preliminary and the cut and fill waiver. He said staff had worked closely with the Firerock Country Club representatives and those outstanding issues from the technical review were being handled through stipulation and would be cleared up prior to the Council reviewing the final plat. He stated staff and the Planning and Zoning Commission recommended approval. Vice Mayor Apps MOVED to approve and Councilman Poma SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #20 - CONSIDERATION OF A CUT AND FILL WAIVER FOR THE PROPOSED FIREROCK COUNTRY CLUB PARCEL 0-2 PRELIMINARY PLAT,CASE NUMBER CFW99-09. Senior Planner Sverdrup stated this was a request for a sixteen-foot fill. He reviewed how the Q-2 parcel abutted the Shea Boulevard right-of-way and explained that due to the design, staff had gone through the vertical curve analysis and site easements etc. He explained that due to the topography, the stipulated 42" terraced retaining walls would be substantially hidden and staff recommended approval. Councilwoman Wiggishoff MOVED to approve and Vice Mayor Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#21—CONSIDERATION OF THE PRELIMINARY PLAT FOR THE PROPOSED 25- UNIT, 6-TRACT FIREROCK COUNTRY CLUB PARCEL 0-2 (29.64 ± AC.) PRELIMINARY PLAT, CASE NUMBER S99-037. Senior Planner Sverdrup said this was the Q-2 subdivision for Firerock Country Club. He reviewed that Council L., had just approved the cut and fill waiver. He explained this parcel was next to Palisades Boulevard and Shea Boulevard. He said staff and the Planning and Zoning Commission recommended approval acknowledging that Town Council Regular and Executive Session 1/20/2000 Page 5 of 6 the applicant had worked with staff on this project. He stated staff had very few comments left and would work those out through the improvement plan process. L. Councilman Wyman MOVED to approve and Councilman Mower SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#22—CALL TO THE PUBLIC.. No one came forward from the public. AGENDA ITEM#23—PURSUANT TO A.R.S. §38-431.03.A.4., AND A.R.S. §38-431.03.a.7., VOTE TO RECONVENE THE EXECUTIVE SESSION. Mayor Morgan called for a vote to reconvene the Executive Session at 7:08 p.m. Councilman Poma MOVED that the Council recess the Regular Secession and reconvene the Executive Session and Councilman Wyman SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#24—RETURN TO REGULAR SESSION AND ADJOURNMENT. Mayor Morgan reconvened the Regular Session of the Town Council at 8:25 p.m. AGENDA ITEM#25—ADJOURNMENT. Councilwoman Hutcheson MOVED to adjourn the meeting. Vice Mayor Apps SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 8:26 p.m. TOW F OUNTAIN By aron Morgan,Mayor ATTEST: L 1 )AtAtV Cassie B. Hansen,Town Clerk PREPARED BY: _ 1 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 20th day of January 2000. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd day of February 2000. Cam-`/-/ �JU✓ti d�J Cassie B. Hansen,Town Clerk Town Council Regular and Executive Session 1/20/2000 Page 6 of 6