HomeMy WebLinkAbout2000.0921.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
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FOUNTAIN HILLS TOWN COUNCIL
fo, September 21,2000
Mayor Morgan called the regular session of the Town Council to order at 5:30 p.m.
AGENDA ITEM#1 PURSUANT TO A.R.S. §38-431.03.A.4.,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 THE
MCO PROPERTIES AND THE CONTEMPLATED LITIGATION REGARDING MARASTON VERSUS
THE TOWN.
Councilman Wyman MOVED that the Council recess the executive session and Councilwoman Fraverd
SECONDED the motion, which carried unanimously.
AGENDA ITEM#2 RETURN TO REGULAR SESSION
Mayor Morgan recessed the executive session and convened the regular session of the Town Council at 6:30 p.m.
Following the pledge to the flag and invocation by Peg Tibbetts, the 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 Sharon Hutcheson and Councilmembers Leesa Fraverd, John Wyman, John McNeill, John
Kavanagh,and Susan Ralphe. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Director of
Administration/Town Clerk Cassie Hansen, Interim Town Engineer Tom Ward, and Director of Community
Development Jeff Valder.
L. Mayor Morgan announced that Consent Agenda Item #7 had been removed at the request of Councilwoman
Fraverd. She then read the remaining items on the Consent Agenda.
AGENDA ITEM#1 CONSIDERATION OF APPROVING THE MEETING MINUTES OF
SEPTEMBER 7,2000.
AGENDA ITEM#2 CONSIDERATION OF THE EXTENSION OF PREMISE PERMIT SUBMITTED
BY THE KEN BOWMAN FOR THE AMERICAN LEGION POST 58 LOCATED AT 16850 E. AVENUE
OF THE FOUNTAINS. THE REQUEST IS TO TEMPORARILY EXTEND THE AMERICAN LEGION'S
CLASS 14 LICENSE FOR ONE DAY ON SATURDAY,SEPTEMBER 30,2000 TO AN ENCLOSED AREA
ADJACENT TO THE NORTHSIDE OF THE BUILDING.
AGENDA ITEM#3 CONSIDERATION OF THE EXTENSION OF PREMISE PERMIT SUBMITTED
BY THE KEN BOWMAN- FOR THE AMERICAN LEGION POST 58 LOCATED AT 16850 E. AVENUE
OF THE FOUNTAINS. THE REQUEST IS TO TEMPORARILY EXTEND THE AMERICAN LEGION'S
CLASS 14 LICENSE FOR ONE DAY ON SATURDAY, OCTOBER 14, 2000 TO AN ENCLOSED AREA
ADJACENT TO THE NORTHSIDE OF THE BUILDING.
AGENDA ITEM#4 CONSIDERATION OF THE PRELIMINARY PLAT FOR THE GALLERY
HOMES CONDOMINIUMS 8, A 2-UNIT STRUCTURE LOCATED AT 12007 LAMONT DRIVE, CASE
NUMBER S2000-028.
AGENDA ITEM#5 CONSIDERATION OF THE PRELIMINARY PLAT FOR THE BRUNSWICK
CONDOMINIUMS, A 2-UNIT STRUCTURE LOCATED AT 14219 BRUNSWICK DRIVE, CASE #S2000-
029.
AGENDA ITEM#6 CONSIDERATION OF THE PRELIMINARY PLAT FOR THE SHEFFIELD
CONDOMINIUM,A 2-UNIT STRUCTURE LOCATED AT 14007 N.SHEFFIELD COURT, CASE#S2000-
031.
Nur AGENDA ITEM#7 CONSIDERATION OF THE PRELIMINARY PLAT FOR THE PROPOSED
PRELIMINARY PLAT OF THE FOUNTAIN HILLS RESORT, LOCATED NORTHEAST OF THE INTERSECTION
OF SHEA BOULEVARD AND PALISADES BOULEVARD CASE # 2000-033.
Removed from the consent agenda at the request of Councilwoman Fraverd.
AGENDA ITEM#8 CONSIDERATION OF RESOLUTION 2000-46, DECLARING AND ADOPTING
THE RESULTS OF THE SPECIAL ELECTION HELD ON SEPTEMBER 12,2000.
Councilman McNeill MOVED to approve the Consent Agenda as read. Vice Mayor Hutcheson SECONDED the
motion. A roll call vote was taken with the following results.
Councilman Wyman aye
Councilman McNeill - aye
Councilwoman Hutcheson- aye
Councilwoman Fraverd- aye
Councilman Kavanagh- aye
Councilwoman Ralphe— aye
Mayor Morgan- aye
The motion CARRIED unanimously with a roll call vote.
AGENDA ITEM#7 CONSIDERATION OF THE PRELIMINARY PLAT FOR THE PROPOSED
PRELIMINARY PLAT OF THE FOUNTAIN HILLS RESORT, LOCATED NORTHEAST OF THE
INTERSECTION OF SHEA BOULEVARD AND PALISADES BOULEVARD CASE # 2000-033.
Director Valder reviewed that last August the Council approved a preliminary plat for a one lot one tract
preliminary plat, which was completed in order for what was now to be a Hilton Hotel constructed northeast of the
ioliw corner of Shea and Palisades. In the Town's subdivision code, it states that preliminary plats were effective for one
year. Prior to the expiration of the plat, a complete improvement plan application must be turned in to the Town.
On August 5, 2000, which was the one-year anniversary for this preliminary plat, there was not a complete
application on file and the preliminary plat had expired. When the property owner wished to continue to process his
plat, staff instructed the applicant that a fresh preliminary plat approval was required. Director Valder said that no
characteristics of the projects had changed in the past year. There were no changes made to the subdivision or
zoning codes that would negatively impact that original preliminary plat approval. Therefore, staff was
recommending that the Council approve the preliminary plat, which would give the developer one additional year to
complete the final plat. Director Valder noted that the applicant had made a complete set of improvement plan
applications. He said the applicant was interested in having the final plat presented at the October 5th Council
meeting. He said the applicant was making headway.
Vice Mayor Hutcheson MOVED and Councilman Kavanagh SECONDED the motion.
Councilwoman Fraverd explained that she had asked that this item be removed from the consent agenda because she
was on the Planning and Zoning Commission when she had originally looked at this preliminary plat. At that time,
although the project seemed to be nice, it had exceeded the boundaries of the lodging on the General Plan. She felt
that because of the size of this, it didn't meet what she considered to be a sensitive type of development.
Councilwoman Fraverd stated as a Planning and Zoning Commissioner she had not voted in favor of this. She said
as a matter of principal she could not vote in favor of this project tonight. She noted that she had heard that the
project had been downsized and she hoped that was the case. She looked forward to seeing the final plat and hoped
she would be able to vote in favor of the project at that time.
Valdimier Hulpach,project representative
He added that the final plat application had been submitted on June 27, but because of some miscommunication the
application was not completed and that was why they had resubmitted. That was why they had missed the one-year
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Page 2 of 16
deadline. He pointed out this submittal was being made for the purpose of complying with the one-year term. On
the subject that Councilwoman Fraverd brought up, he replied that he hoped she would have the opportunity to
consider the project again once the final plat was submitted for the Council's approval. He said he did not think
there had been any significant downsizing. He was unaware of any controversy regarding this project and would
like to be informed of any in more detail.
The motion CARRIED on a vote of 6- 1. Councilwoman Fraverd cast the nay vote.
AGENDA ITEM#9 CONSIDERATION OF A FIVE-YEAR LEASE WITH ONTARIO INC.; L.B.
LUKENDA FOR THE 42,000 SQUARE FOOT TOWN HALL COMPLEX LOCATED AT 16836 E.
PALISADES BOULEVARD AT A RATE OF$8.50 PER SQUARE FOOT.
Town Attorney Bill Farrell addressed this item. He said the Council received a draft of the lease agreement, which
had been forwarded to the building owner. Mr. Farrell said this draft master lease was the result of some
negotiations that had gone on over a period of a couple of years. He explained that staff had wanted to get this
forwarded to the Council for review. He noted that he had not received comments back from Dr. Lukenda, his
attorney, or his real estate agent to date. He said it had been two weeks since the draft had been forwarded to Dr.
Lukenda. He reviewed the basic terms and conditions of the draft master lease as:
• 5 year Lease
• Rent based upon$8.50 per sq. ft. annually
Three Buildings contains 42,000-sq.ft
• Lease contains a one year early termination clause with a one-year notice and payment for one-year
• Lease contains the option to renew for an additional 5-year term
The second major issue that remained to be resolved involved paragraph#13 (maintenance and repair). He said the
major issue that staff had wanted to get across to the landlord was his reconciliation with his former tenant as to
what kind of condition the mechanic equipment in all three buildings was in. It was difficult for staff to do that
during the period of time, although the Town had become a rather substantial sub-tenant, the Town was not the
master tenant. Because it was two private entities, the Town never had a complete copy of the master list. The
master was clearly not a public record. Neither Dr. Lukenda nor MCO Properties ever provided the Town with a
copy of the entire master lease. He said those parties entered into negotiations, which staff assumed ended
amicably. Dr. Lukenda was dealing with this lease, which includes his taking on the obligation of major repair costs
to the HV/AC systems of the buildings, as well as plumbing. This draft lease proposes that on each and every
cumulative and single event, which was $500 or less, the tenant would be responsible for that repair cost. Even if
repairs were to occur on four consecutive days for four different reasons the Town would be responsible for each
$500 of repairs. When the repair exceeded $500 the landlord would be responsible for those improvements. The
third major area was insurance related. Mr. Farrell stated that the Risk Manager Wally Hudson had been very
helpful. He noted that whenever you were the public agency or governmental agency, you invite the general public
on a regular basis to come to the premises. Mr. Farrell explained Dr. Lukenda had been concerned at the prospect
that since access to the buildings was unlimited, the possibility of a third party being injured on the premises was
more likely than in less traditional rentals. He said that the Town had assured Dr. Lukenda through the
indemnification and the amount of insurance carried that he, the landlord, would be protected from anyone who
might be injured on the property. Mr. Farrell acknowledged that the landlord did not have the ability to restrict the
public. He clarified that the insurance carrier, by policy, preferred not to have private individuals as additional
insureds on the liability policy. He said the balance of the draft lease was standard. Mr. Farrell stated he had hoped
to hear from Dr. Lukenda but the Town really had to reason to believe that he was not in accordance with 99% of
what was included in the draft lease. Mayor Morgan asked if Item#13 would be corrected to reflect what was being
reviewed. Mr.Farrell said yes.
Councilwoman Fraverd MOVED to approve the 5-year lease with Ontario Inc. and Councilman Wyman
SECONDED the motion.
Councilman Kavanagh asked for clarification that Item #13, that paragraph B would be rewritten to state that the
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Page 3 of 16
Town was not responsible for major structural problems. Mr. Farrell stated that was correct. Councilman Kavanagh
asked for clarification on the twelve-month notice. Mr.Farrell reiterated that the Town would be responsible for the
amount of current year's lease and a penalty of one full additional year lease payments. Councilman Kavanagh
asked if that clause was standard. Mr. Farrell said no, that most leases did not have an early termination provision. •
He further explained that in most leases the leasee would be responsible for the balance of the term of the lease. Mr.
Farrell said this early termination clause should be viewed as a benefit rather than a burden. Councilman Kavanagh
asked the Town Manager Paul Nordin,in terms of a timeline, if the Town Hall stayed in these buildings would it not
be an issue,but if the decision were made to abandon this site and to build a new complex, would it put the Town in
a situation where the Town would lose about $300,000 for that decision. Mr. Nordin responded that the possibility
did exist. However, he pointed out that the Council might, at that point, consider negotiating with Dr. Lukenda to
purchase these buildings. In those negotiations Mr. Nordin said he would want to ask the Doctor to waive the
penalty. Councilman Kavanagh asked Mr. Nordin, from an administration standpoint, was he comfortable with this
kind of lease. Mr. Nordin said yes. It was his understanding that in signing this five-year lease, although there was
an early termination penalty, it did provide the Town the ability to get out of the lease early without having to pay
for the entire five-year period. Councilman Kavanagh asked who had done the negotiating with Dr. Lukenda. Mr.
Nordin said that over the course of the twelve month period both he and Mr. Farrell had negotiations with the
Doctor. Mr. Kavanagh asked if they thought Doctor Lukenda would be amenable to extracting the penalty clause
from lease or was he fairly firm on that point. Mr. Nordin said the best assumption would be that Dr. Lukenda
would not be. Mr. Nordin said he was only alluding to the fact that he could bring that subject to the Doctor.
Mr. Farrell suggested that depending upon what the circumstances would be of the Town going to a new facility,
there were a number of scenarios that could offset the penalty that would be paid.
Councilwoman Ralphe gave some basic information for the public's benefit. Over the five-year term of the lease,
this would come to $1.9M and on an annual basis the lease payments would start at 357,000 and increase the fifth
year to just over$417,000. She thought those figures would be helpful to the public.
,., Mayor Morgan felt that the early termination clause was a good idea as it did give the Town the opportunity to
terminate the lease without paying for the entire five-year lease.
Councilman McNeill asked if there was any limitation on sub-leasing the facilities. Mr. Farrell said assigning and
sub-leasing appeared on page ten of the draft lease, paragraph seventeen. Mr. Farrell explained that the landlord
would allow assigning as long as the Town of Fountain Hills was credit worthy and was obligated to pay the
landlord. With regard to sub-leasing, the Doctor wanted to have some control as to the nature of the sub-leasing.
He said it was agreed that if it were another governmental agency, vendor, agent or a contractee with the Town of
Fountain Hills the landlord would not have to approve. The Town would not be able to lease to a private business
without his permission.
Councilman Wyman suggested that everyone would be amazed at how fast the time will pass with everything that
the Council had on their plate. He felt the Town would be hard pressed to give the Doctor the required notice that at
the end of the five-years that the Town might be moving somewhere else. He said in his opinion it was a non-issue.
The motion CARRIED unanimously.
AGENDA ITEM#10 CONSIDERATION OF APPROVAL OF THE DEVELOPMENT FEE ADOPTION
SCHEDULE.
Mr. Nordin said that the development fee statute revealed that there was a process and procedure that was required.
He said staff was suggesting that it would be appropriate for the Council to approve that schedule that would be
mandated under state law in order for the Council to properly consider the adoption of development fees as was
reported to the Council two weeks ago. He displayed the proposed schedule on the overhead. He directed the
Council's attention to the September 27th date and that a 30-day notice that would be required. He said there were
Town Council Regular and Executive Session 9/21/00
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requirements for that date. The requirement for that date as to what was to happen within that notice was specified
in State Statute A.R.S. 9-463.05, Paragraph C. He read a portion of that statute "a municipality shall give at least
30-days advance notice of intention to assess a new or increased development fee". He acknowledged that was
basically what the notice (published on September 27th) would say. He said the statute further called for a release to
the public of the written report including all documentation that supported the assessment of the development fee.
That material, therefore, would be ready for distribution to the public on that date. He stated that would be the
significance of that September 27th published notice.
Mr. Nordin said he wanted to make it clear, that if the Council approved the schedule as presented that would be the
type of notice and the language used in the notice published in the Times on September 27t. He reviewed the
balance of the dates - November 2 and November 16, 2000 and February 15, 2001. Since preparing this schedule,
plans for Community Development Director Jeff Valder and Town Attorney Bill Farrell to attend the Southwest
Legal Foundation Conference in San Francisco have been finalized. He suggested that their attendance and his own
attendance to this same conference (which would be held in Dallas in October) was essential to staff s
understanding of the legal issues that surround both condemnation and land use issues. Mr. Nordin said he would
be in attendance at the November 2nd Council meeting. However, both Director Valder and Mr. Farrell would be
attending the conference in San Francisco and not at the November 2"d meeting. At that November 2"d meeting,
although not legally required to give legal testimony, it was certainly legally prudent for both these men to be at that
meeting to give and make required statements that would be best if it came from them on that evening. Mr. Nordin
proposed that because of the necessity for both Mr. Farrell and Director Valder to attend the conference that these
dates be changed as follows:
November 2"d would be changed to November 16th
November 16th would be changed to December 7th
February 15`h would be changed to March 12`h
Mr. Nordin acknowledged that although changing the dates would delay the implementation of the development fee
ordinance it would help ensure that the Town was as prepared for the situation with MCO and the mountains. He
reiterated that the attendance of Mr. Farrell and Director Valder at the conference was critical. Mr. Nordin
lite% requested that the Council adopt the schedule as just reviewed.
Councilwoman Ralphe MOVED to approve the development fee adoption schedule as presented and Vice Mayor
Hutcheson SECONDED the motion.
Councilman Kavanagh asked if that meant that Mr. Farrell, Director Valder and Mr. Nordin would be available at
the public hearing and the evening of the adoption. Mr. Nordin said yes,that was the plan.
Councilwoman Fraverd asked if it was possible to have a special meeting and move the schedule forward. She said
she was disappointed to see that the development fees would not go into effect until February 15t. This proposed
schedule change would delay the implementation by another month. Mr. Nordin responded that the time frames that
were required to elapse would be the key to answering the question. He said the September 21"and September 27th
dates would not change. He reviewed a calendar for an earlier date.
Mayor Morgan preferred to keep the earlier dates proposed by Mr. Nordin in his memo. Councilman McNeill
suggested changing the November 2"d date by fitting in a special meeting at the end of October. Then only one
special meeting would be needed. Mr. Nordin suggest October 30th or October 31' in place of the November 2"d
meeting date. Councilwoman Fraverd asked for confirmation if Mr. Farrell and Director Valder could
accommodate those dates. They agreed they could. Councilwoman Fraverd asked if a decision had to be made on
those other dates. Mr. Nordin said the notice would require the Town to publish the date of the public hearing so the
date decision would have to be made this evening. Councilman Wyman said that the legal documents said that fees
were set at the time construction contract was granted. He asked if it was a concern that the Town would be losing a
month's worth of fees. Mr. Nordin replied that it was safe to assume that whatever date was set there would be a
large rush for individuals that were building homes and so forth to beat the deadline, whatever that deadline would
be. Councilman Wyman asked why the rush to get to the permit point and would a month's wait really cost the
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Page 5 of 16
Town a lot of money. Director Valder responded that typically staff was receiving about twenty applications per
month for single family home permits. Councilman Wyman suggested leaving the dates as listed.
Mayor Morgan did not want the Town to miss out on revenues that the Target/Barclay project would bring in if they
ikilw were able to be under construction in March or April. She asked if that project would bring in a significant amount
of revenue. Director Valder said that staff planned to assess these fees when the builder applied for the permit. So
any application that came in prior to the effective date would not have to pay the fee. He predicted that if a property
owner was planning to have a project under construction in March or April, (especially one the size of the Target
center) it was probably safe to assume that the plan application would be in way before the effective date of the
development fees. He felt it would be hard to predict.
Councilwoman Fraverd said the Target project was the one project she had in mind when looking at the schedule
dates. She was not sure that the developer or construction crews had an accurate feel for the Town's permit process
though that they could bring in their plans and the process would just happen for them. That was not necessarily the
case. She would hate to miss the Target revenue opportunity but she understood the concern. She clarified that the
residential projects were not what she had in mind when she brought up accelerating the schedule dates.
Councilwoman Ralphe said there had always been the possibility that by changing the date that the fees were
implemented (from February 15th to March 12th) that the process would lose someone. She acknowledged that it
also was probably a large amount of money. She said that if implementing these fees sooner hinged on moving the
special meeting date up one day to Monday, October 30t'she was willing to meet.
Councilwoman Fraverd moved to AMEND the motion to change only the date of the formal public hearing to
October 30, 2000, from November 2° , 2000 and Councilman McNeill SECONDED the amendment.
George Post, 17014 Rand Dr.
He reminded the Council that they had held special meetings in the past when there was no reason to have one.
Now there was a reason to have a special meeting and he hoped the Council would pass it.
The amended motion CARRIED unanimously.
AGENDA ITEM#11 CONSIDERATION OF INITIATING AN AMENDMENT TO THE C-2
INTERMEDIATE COMMERCIAL PLANNED UNIT DEVELOPMENT ZONING DISTRICT, AS
APPROVED UNDER ORDINANCE 00-06, SO THAT "AUTOMOTIVE FUEL DISPENSING STATIONS
OR GASOLINE SALES" AND "CONVENIENCE STORES" ARE PERMITTED ONLY BY SPECIAL USE
PERMIT.
Director Valder stated at the last meeting the Town Council passed Ordinance #00-20, which amended Chapter 12
of the zoning code having to do with the commercial zoning districts. That action made it so that anywhere within
the Town of Fountain Hills, if a gas station or convenience store were proposed, the property owner would have to
get a special use permit approved by the Town Council first. Staff had suggested that change so that the Council
would have a greater level of oversight regarding future convenience stores and service stations. At that meeting
Councilwoman Fraverd requested that staff put an item on the agenda for their discussion and possibly initiate an
amendment to the PUD for the Target shopping center. He explained that the Target shopping center was rezoned
into a C-2 PUD with its own list of permitted and prohibited uses. At that previous meeting he had responded that
Ordinance 00-20 would not effect the Target zoning district because it had its own special zoning district. He had
noted that if the Council wanted to add that regulation to the Target property, they would need to modify Ordinance
00-06. He said staff prepared an amendment to that ordinance. If the Council chose to initiate it tonight, staff would
start the advertising process,take it to the Planning and Zoning Commission for a recommendation,and then back to
the Town Council. In the event that the property owners objected to this, it could only become effective if six out of
seven of the Council voted in the affirmative to approve it. If approved, any proposed service stations or
convenience stores on the Target property would first require a special use permit approved by the Town Council.
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Councilwoman Fraverd MOVED to initiate an amendment as presented and Councilwoman Ralphe SECONDED
the motion.
Councilwoman Fraverd said that after looking at the gasoline stations at the last meeting, she felt it was appropriate
that if the Council were going to look at one, the Council look at all of them. She said that should also include the
Target one and that was why she had asked that this be initiated.
Councilman Wyman asked for clarification that the Council was not denying those two uses, only requiring that the
Council approve those uses through the special permit process. Director Valder said that was correct. Councilman
McNeill said that question had come up at the last meeting in the context of was there any commercial zoning
district to which this change would not be applied. He said that the answer had been no. The PUD at Target would
not be affected by the approved ordinance. He was in favor of treating all similarly zoned properties the same so he
would support this amendment.
Councilman Kavanagh asked, because it was a PUD, did the Council have any control right now over the placement
of the gas stations. Director Valder said it was a permitted use by right under the C-2 PUD zoning district. There
was a change that the Council made a couple of months ago having to do with concept plan approval for any non-
residential project. He said in the event, the concept plans would have to go to the Planning Commission for
approval but that they would only to oversee staff's review to ensure that the projects were in compliance with the
zoning regulations. If the Planning Commission did not approve the concept plan, it would then be appealed to the
Town Council. In that narrow line of events,that would be the only way that the Council would have had the ability
to review a gas station or convenience store prior to the issuance of the permit. This would certainly require a
public notice and Council action and review of any proposed gas station. Councilman Kavanagh asked, with regard
to existing discussions and agreements with the Barclay Group, what was the status of the gas station. Director
Valder said only that it was their intention to have one on the property but the location had never been shown to
him. He stated it would be one of the pads out on Shea Boulevard but he was unsure of which pad.
Lie Mr. Nordin responded to Councilman Kavanagh's question. He said the other discussions that he had with the
Barclay Group concerning the gas station historically had simply been that they would like to have the ability to
have a gas station on that property somewhere. Councilman Kavanagh asked if this had always been a point of
negotiations, or had the Council taken action, which said that Barclay could have a gas station at this site. Mr.
Nordin said the action that the Council took was the Council's approval of the C-2 PUD rezoning. Councilman
Kavanagh summarized that when that rezoning took place the Council in essence gave the Barclay Group
permission to put a gas station on that site. Mr. Nordin agreed with that statement.
Councilman Kavanagh felt this Council should be hesitant about overturning the actions of past Councils. He noted
that the Town had been negotiating with the Barclay Group for a long time. If a gas station on that site had already
been agreed too through past Council actions, and combined with the fact that this project had been the subject of
two public votes, with both results in favor of this project, he would feel uncomfortable reversing a past Council's
action. He felt this would be putting up a roadblock in front of what appeared to be the will of the people. Mr.
Nordin clarified that if the Council would put a special use permit process in place. It was not a denial of that use.
Councilman Kavanagh asked if that would be considered a retraction of a prior approval. Mr. Nordin said no. It
would be another review process. Mayor Morgan agreed with Councilman Kavanagh's statement that she did not
want to create an additional roadblock for the project.
Councilman Wyman stated he was confused as to what this Council would be approving. He asked for clarification.
Mr. Nordin explained that this proposed amendment would, if it became law (because of what it was attached to i.e.
the C-2 PUD — which was specifically passed for the Target site), be obviously specifically applicable to that site
and that site only. However, he repeated that if the Council were to adopt such a program, it still was not rejection
or denial of that use, which was presently permitted in the C-2 PUD zone.
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Page 7 of 16
Councilwoman Fraverd said it would be helpful if the Council were informed as to what one could do with the
special use permit. Director Valder responded that a special use permit was a discretionary action by the Town.
The Town Council could say either yes or no if they found that the approval of the special use permit contained
some characteristics of the use or the physical nature of the project that were unacceptable and not in the Town's •
best interests. He explained that staff had included regulations in the C-2 PUD zoning district regarding
architectural standards, signage, building colors and other items like that. He pointed out that when staff and the
Planning Commission had looked at those concepts, they had been more concerned with the Target and stores next
to it and not the pads. He said community discussions had not centered on the pads, only the Target. He confirmed
that community discussions had included hours of operation. He stated that at least at the Planning Commission
level, service stations had been discussed. He said the Planning Commission had gone over the list of approved and
prohibited uses fairly carefully but that his memory was hazy at the Council level.
Director Valder said the special use permit was a process where staff advertises the nature of the permit in the
newspaper and zoning signs were placed on the property. He reiterated that it was a discretionary action by the
Town Council. Mayor Morgan said she felt this was being brought up now because it was being specifically
directed at the Target site. She questioned why this issue had not been brought up earlier. She felt that use would
not be a permitted use if this were to be approved.
Councilman Wyman asked if it took a majority vote to approve the amendment. Director Valder said it did. Mr.
Nordin clarified the action before the Council was only to initiate the amendment. It was not to put the amendment
into law and therefore the approval would only take four affirmative votes.
Councilman McNeill said this was appropriate Council action to put all C-2 property on the same footing. By doing
that he had not prejudged whether he would approve a special use permit. He recognized this action gave the
Council the opportunity to look at those uses for this property as would be done for any other property in Town that
was similarly zoned.
Councilman Kavanagh stated he did not think the issue was prejudging. He said he and the Mayor agreed that a
prior Council had approved this use and this Council was post judging the original decision. He did not want to
have any development go through without being reviewed by the Council. He asked if this amendment were not to
be passed and the Council continued with the ordinance as it stands, would the Council still be able to dictate
control over such issues as architectural and lighting with a gas station at that site.
Director Valder responded that the Council would only have control to the extent that those requirements had been
specified in Ordinance#00-06 that rezoned the Target site. Further approvals would not come back before the
Council. The developer would then apply for a building permit, the Planning Commission would look at the site
plan,and if the site plan met the zoning code regulation, staff would issue the building permit.
Councilman Kavanagh asked if the Town had the right to look over the concepts and the aesthetics. Director Valder
said yes, at the administrative staff level. Councilman Kavanagh asked for what purpose if it did not apply to
anything. Director Valder said that would ensure that the permit was in compliance with Ordinance#00-06, which
provided for colors and materials used. Councilman Kavanagh noted that the developer then would be held to the
standards set in the past. Director Valder agreed. Mr. Nordin pointed out that approval process, which Director
Valder had just been questioned about, only goes to the staff level and did not go to the Council. Councilman
Kavanagh again noted that the Council had approved those standards. Mr. Nordin said that was true and staff would
rigorously enforce those standards.
Vice Mayor Hutcheson admitted it would be nice to have the C-2 zoning standardized throughout the Town,
regardless of what projects were included. She did not want to see a gas station or convenience store placed in the
downtown or anywhere else there was the C-2 PUD zoning without a special use permit. She saw the value of
keeping the zoning districts uniform. She wanted to see the zoning districts regulated for the purpose of uniformity.
,,,. She said she understood that the Target project and zoning had been approved and the commitment had been made.
Town Council Regular and Executive Session 9/21/00
Page 8 of 16
She said that bothered her although she was not bothered enough to the extent that she felt just because she had a
special use permit use process in place that she would necessarily deny that use. She looked at the process as an
opportunity to validate the fairness of how the Council would look at all projects. She predicted that the Barclay
Group would contest it. It made her wonder why the Council was going this this process. She felt if the Barclay
Group protested there would not be six Councilmembers who would vote for this. She asked if this was the best use
of staffs and the Council's time. Vice Mayor Hutcheson asked Director Valder if the preliminary plat had reached
the approval stage yet. Director Valder replied no. Vice Mayor Hutcheson said that then there were other ways of
addressing some of this stuff. Director Valder said the zoning had been set, but there were some other actions that
needed to be taken at the Council level. Vice Mayor Hutcheson asked if the Council was done looking at this
project. Director Valder replied no.
Councilman Wyman said the Council could revisit this issue later if the developer objected. He did not mind
suggesting to the developer that the Council had grave concerns as to where place a gas station/convenience store
would be placed and under what conditions. He proposed that the Council convey their concerns to the developer
by approving this item. He said he would support it.
Mark Van Boeckel, Cabrillo Dr.
He was for the Town having as much control as possible.
George Post, 17014 Rand Dr.
He said the Town had enough gas stations. He wanted to see special Council approval on any further gas station put
in.
The motion CARRIED on a vote of 6- 1. Councilman Kavanagh cast the nay vote.
AGENDA ITEM#12 DISCUSSION OF CURRENT COUNCIL-APPOINTED AND COUNCIL-
FORMALIZED TOWN COMMISSIONS AND COMMITTEES WITH POSSIBLE DIRECTION TO
STAFF.
Councilwoman Fraverd noted that she was unaware that there were so many commission and committees and she
had been overwhelmed. She expressed her reason for requesting this item. She said at the retreat there had been
some discussion about a task force to help with the Sheriff and Marshals Department. She had wanted to see where
that fit in with the other commissions and committee already established. She suggested that housekeeping might
be necessary, as some had not met for two years. Councilwoman Fraverd proposed that some of the
Commissions/Committees should be focused or turned in another direction and that there should be standardization.
Mr. Nordin echoed Councilwoman Fraverd stating that he too had been surprised to see how many there were. He
said the three standing commissions, Parks and Recreation Commission, Board of Adjustment, and the Planning and
Zoning Commission, were codified. He noted that at a previous Council and Parks and Recreation Commission
joint meeting, there had been some discussion regarding the standardization and reduction in the number of that
Commission. He said this agenda item would give the Council an opportunity to direct staff in that area. He
pointed out there was a statutory discrepancy between the Town Code and the Planning and Zoning Ordinance,as to
how the Planning and Zoning Commissioners were selected. He described how the Town Code provided for a
mayoral determination and then ratification by the Council. The Planning and Zoning Ordinance simply described
the commission as being Council appointed. He suggested that the Council might want to take the opportunity to
clarify this and give direction to staff as to which of those two conflicting methods should be changed. Mr. Nordin
noted that the Town Attorney had previously ruled that the Town Code controlled this issue. Mr. Nordin felt that
Mr. Farrell would appreciate having the Council give some clarification in that regard. Mr. Nordin proposed that
the Council standardize those three standing commissions relative to their numbers and the method and/or
procedure used to appoint those individuals.
Mr. Nordin commented on the formalized committees. He believed that there were valid reasons for the Council to
organize and formalize such committees. He said formalized committees served a vital purpose by providing the
�r citizens the opportunity to participate in their government. He suggested that the less formalized nature of this last
Town Council Regular and Executive Session 9/21/00
Page 9 of 16
group of committees was not as significant as to warrant a big shake up. If the Council wanted to eliminate one or
two of them that had no further use, that would be the Council choice. Mr. Nordin asked the Council to take this
opportunity to clarify those three codified groups and continue the existence of those less formalized groups. If the
Council wanted to give direction to staff that some members be given a plaque and a thank you for their past
services, that would also be the Council's prerogative.
Councilman Wyman stated one missing piece of information was how the various committees came into being in
the first place. He recognized that some of these committees were required by state statute. He noticed that in some
instances it had been the Mayor who had established some committees. He commented that he was comfortable if
the Mayor set the committee up,just as he would be if the Council set up the committee. He noted the concern that
if the committee hadn't been endorsed or ratified in some form by either the Mayor and/or the Council, a committee
could influence or take up staff time.
Councilwoman Ralphe noted that there were some committees, by which committee members appointed other
committee members. She questioned where the accountability was. Councilman Wyman said he did not mean to
suggest that it needed to be carried further. He was reluctant to say that the Council should be involved in ratifying
the names of the people who serve on that committee because they were the ones who understood what they were
after and the interest within the community.
Councilwoman Fraverd drew attention to the bottom of page 8, which listed a number of good suggestions. She
agreed with the proposed division of the commissions/committees into two or three separate categories: adhoc,
standing commissions/committees, and specific task. If a framework for the existing committees could be found it
would help the Council understand how the members were selected. She proposed that the chair of each
commission/committee give the Council a status report. It would be helpful to both the adhoc and specific task
committees/commissions if there were some guidelines. She was not sure if every commissions/committees needed
bylaws, but this should be worked out for uniformity. She suggested that perhaps these commissions/committees
needed a mission statement. She asked staff to take another look at these committees and divide them up into
categories and provide information as to how these groups should directed.
Councilman McNeill agreed with Councilwoman Fraverd. He added that he would like to hear about each
committee's selection process. He said he would prefer an open selection process, which would ensure use of such
a process that solicits interest from any citizen who might be interested in participating.
Councilman Kavanagh said he believed that the people who could advise the Council regarding ways to best
improve a committee, were those who served on the committees. He suggested sending a copy of staff's summary
to each of the committees, which lists the purpose, number of members, length of term, how they were appointed,
and ask if the information was accurate and see if they were happy with the current set up.
Councilwoman Ralphe suggested that during the categorizing process that another division could be added that
covered private or primarily private groups, which would clearly separate it from a Council appointed or formalized
category. She proposed that some of the existing committees might fit in that type of a category.
Mr. Nordin agreed with Councilwoman Ralphe that there were a couple of those types of committees that would fit.
Councilwoman Fraverd agreed with Councilman Kavanagh that the committees should be contacted for their
feedback. She wanted to see standardization. She felt that Councilman McNeill had a good idea regarding the
selection process and felt the committees should advertise any member opening. She wanted to find out where the
committees were going, where they would like to go, and what they were doing. She felt that information could
come from the committee members. Mayor Morgan pointed out that the Councilmembers should familiarize
themselves and perhaps attend some of the meetings before attempting to revise them. Councilwoman Fraverd
agreed with Mayor Morgan that the Councilmembers should know about the committees and their purpose before
revising them. Vice Mayor Hutcheson asked for clarification. Was the Council looking to give staff direction to
categorize these committees and commissions for further analysis of the information so that the Council could
it become educated and get feedback from the groups?
Town Council Regular and Executive Session 9/21/00
Page 10 of 16
Councilwoman Fraverd MOVED to direct staff to contact each of committees/commissions to see if they were
meeting and for a status report of their activities. The report should include a statement of how they originated and
were organized, an in-depth study of each groups' purpose, their selection procedures, and then categorize each
L, accordingly for further analysis by the Council and Councilman Wyman SECONDED the motion.
Mr. Nordin said that could be done. He proposed staff could prepare a recommendation for Council consideration
as to what the committees could do in the future. He said staff could also try to identify if some of the groups
should be dissolved now or in the future, for example if it were to be task specific.
Councilwoman Fraverd said the Council had talked about a task force for the Marshals and Sheriffs Departments
and asked Mr. Nordin to also think about that task force when putting this information together.
The motion CARRIED unanimously.
AGENDA ITEM#13 OVERVIEW OF FUTURE AND PLANNED USES AND USERS OF THE NEW
COMMUNITY CENTER PRESENTED BY WALT FRANKLIN. CHAIRMAN OF THE COMMUNITY
CENTER ADVISORY COMMISSION. THIS ITEM INCLUDES POSSIBLE DIRECTION TO STAFF TO
DRAFT A MISSION STATEMENT AND DETAILED ORGANIZATIONAL OUTLINE FOR A FORMAL
COMMISSION TO ADVISE THE COUNCIL ON CIVIC AND COMMUNITY CENTER MATTERS AND
POSSIBLE CREATION OF SAID COMMISSION.
Councilman Wyman expressed concern about this process. He was not comfortable with the revised agenda item
being given to the Council with short notice. He felt the Council had not been given enough notice and he would
have like to have been prepared for something this important.
Mr. Franklin gave his status report of the project. He said he would cover three elements:
• Update on the status of the project and current activities of the Commission
• Clear up some of the questions that were raised at the retreat/what was the Community Center for
• A request or challenge that he hoped the Council would respond to
He said the project was on schedule. It was intended by Target General to have the basic framework done by or
before the end of January. Interior finishing work as well as exterior activities could begin shortly thereafter, which
meant that a finished building could be as early as next spring but no later than mid year.
He said the Commission was working on approving the equipment and furnishings and fixtures that would
complement the building that had been designed. He reported that last Monday two binders and a full schedule of
estimated costs describing the things that Hoffman Dietz had chosen were delivered to Town Hall and the
Commission was reviewing the information. In anticipation of these materials, a public meeting had been
scheduled for next Monday, 4 p.m. in Building A of Town Hall. He hoped to get through the materials and report
back to the Council. By October 9th, the Commission was scheduled to have a joint meeting with Hoffman Dietz
and the Library/Museum people to review the final color pallets and decor.
Mr. Franklin reviewed the floor plan and described the anticipated activities that could be held in the complex. He
said he had thought of a definition that would help explain how this complex could and would be used. He
described it as a Multi-Use, Multi-Function, Multi-Generational Facility for a wide variety of multiple purposes.
He described the facility as having been created to serve no singular purpose and had been designed to
accommodate a large variety of non-specific purposes. He asked if the Council had any questions.
Councilwoman Fraverd asked if there was a room set aside for seniors and how much of this space would Parks
and Recreation use when they held classes. Mr. Franklin responded there was only one room specifically marked
for a group and that was the marked KC, which was for kindercare. He said it had a specific use because of the
smaller furniture and attached play area. He said this facility would serve programs that were brought forward by
all kinds of governmental and independent organizations. He said Parks and Recreation would get priority use in
the building and it would be up to them as to how they use the space.
Now
Town Council Regular and Executive Session 9/21/00
Page 11 of 16
Mayor Morgan said the Town knew that the facility would not make money or break even, but said that down the
road small conventions would be held there on a fee basis. She said finding the right people to run it in order to
Lir provide the balance needed would be the key. Mr. Franklin agreed. He said one of the biggest challenges facing
the opening of the building was to create and follow a strong financial program, which would include and
incorporate marketing the facility to help defray the operating costs. Mayor Morgan noted that at some point, all
space requests would not be able to be filled within this one building. Mr. Franklin said the building would make
major contributions to its expenses. Councilman Wyman asked if there would be secured storage for those groups
who met weekly. Mr. Franklin said yes.
Mr. Franklin moved to the challenge that he had previously alluded to. He reviewed the facility planning
objectives provided for the Council's review. He hoped that the Council agreed that the Commission had
performed realistically well and were well on the way to accomplishing those objectives. He had also included for
the Council's review a listing of facility opening and operating challenges. He went over a short list, which he said
was not meant to be all encompassing as he thought the list would be ever growing. Mr. Franklin said this would be
the type of organization and programs that needed to go forth immediately until opening day, and after, to help
ensure maximum community participation and benefit from this facility.
• Develop the Mission Statement and Operating Philosophy for the facility
• Develop the Operating Structure, Plans, Policies, and Procedures for the
facility (would need to be done by the Town Council)
• Develop short and long term Marketing and Financial Plans
• Develop, Initiate and Supervise the Commercial Marketing Program
• Recruit, Train and Supervise a large Volunteer Corps to compliment,
assist and support the facility Management and staff.
• Encourage development of new Community Involvement Programs
through existing Governmental, Community and Social Service
Organizations
He said that each administration had a hand in the development of the community facility to make the dream a
reality. He said that these were challenges to be met by "someone". Mr. Franklin proposed that a citizen
commission be appointed to work along with the support of the management and staff hired by the Council to direct
facility operations. He stated that the Community Center Advisory Commission would be happy to continue to
assist the Council with the challenges until a formally appointed commission could be appointed.
Mayor Morgan said that one of the key elements for the success of the building would be in the hiring of the person
who would manage the building. She said it was her understanding that the job description was in the process of
being written. She stated the Town hoped to have that person on board by January 1, 2001. She said the new
commission that could possibly be selected should wait so that the Council could take their time. She felt that new
commission should report to that new manager and work with that person. She wanted to take the time to get the
commission in line so that everybody was on board and willing to hit it running January 2.
Councilwoman Fraverd apologized to the Council for not having this properly agendized. She hadn't realized that
there was some cloud over this item and the Council's ability to take some action on it tonight. That was why she
had asked it be changed. She thanked Mr. Franklin for the enlightening report. She agreed with the Mayor that it
was crucial that an excellent manager was needed and hoped that staff was working toward finding one. She did
see the new commission working with the manager as much as the Planning and Zoning Commission works with
Director Valder. She was interested in that type of cooperative effort. That was how the complex would be
successful and that was the direction she wanted to see it go. She said with the amount of things that needed to be
done, that the Council should decide how they were going to appoint those commissioners and come up with an
application. She saw a lot of work to yet be done.
Mayor Morgan called for a 10-minute recess at 8:50 p.m. Mayor Morgan reconvened the regular session at 9:05
p.m.
Councilwoman Fraverd MOVED to direct staff to start the process of creating a community center commission like
city that of the Planning and Zoning Commission makeup and bring it back for approval by the Council and Councilman
Kavanagh SECONDED the motion.
Town Council Regular and Executive Session 9/21/00
Page 12 of 16
Mayor Morgan asked if this commission was to report to the manager, would it take the Council three months to
make the commission selection or select them and then put them on hold until we have a manager in place.
Councilwoman Fraverd thought that there would be some things that the Commission could get started on so that
iikw the manager didn't come in cold. She said that before the Council could appoint the commission there were some
things that staff needed to do. So she was unsure what the time frame would be on that. She pointed out that the
Council would have to find out a few things from staff first, such as, how the application formation was going, what
the time frame for the public posting in the newspaper was, when the interviewing process could begin. Until then,
the time frame would have to be left open. Vice Mayor Hutcheson stated that if the Council decided to have a
council formalized commission, the staff would need to document that, the Council would then need to approve it,
then the advertising would take at least two weeks, and the Council would want to interview the applicants. She
noted that the Council would then need to consider the holidays. She felt that the commission would be established
close to the same time that a manager on board. She said the time frames would be pretty close. She said tonight
she would only be interested in formally establishing an appointed commission and then the Council would have to
go through the rest of the steps.
Mr. Nordin interpreted the Council's direction to staff to prepare a proposal for formalizing a community center
commission. The Council would then review the proposal at the next meeting, which would be based upon the
model of the Planning and Zoning Commission, and would be tweaked as necessary. Mayor Morgan proposed that
if a highly qualified manager were to be hired,they might have some ideas of their own, which could teach us a few
things about how to run a building like that. She asked if this action would dissolve the current commission.
Mr. Nordin referred to Vice Mayor Hutcheson's observation of the coincidence of these two processes. He asked
for the opportunity to prepare the schedule for each and then the Council would have a better understanding of how
close they might be. Mr. Nordin said he would like to meet with individual Councilmembers outside this meeting
so that he could take all of their comments into consideration as he prepared his proposal.
The motion CARRIED unanimously.
Vice Mayor Hutcheson asked if the Council had just voted to start the formalized process of creating the
commission. Councilwoman Fraverd said yes.
AGENDA ITEM#14 PUBLIC HEARING ON ORDINANCE 00-19 AMENDING CHAPTERS 5 AND 10
OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY PROVIDING
ADDITIONAL REGULATIONS AND RESTRICTIONS REGARDING LOT SIZE AND LOT WIDTH
FOR PROPOSED SINGLE-FAMILY-ZONED LOTS SO THAT RE-SUBDIVIDED SINGLE-FAMILY-
ZONED LOTS WOULD BE CONSISTENT IN SIZE AND WIDTH OF EXISTING PLATTED LOTS IN
THE IMMEDIATE VICINITY, CASE NUMBER Z2000-13.
Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 9:13 p.m.
Director Valder said that a couple of months ago there had been a change to the subdivision code that addressed the
concerns of many residents in Town regarding lot splits in their neighborhoods. The concern was that property
owners of lots whose lot size and width far exceeded the minimum lot size and width in their neighborhoods were
splitting their lots and changing the complexion of their neighborhood. He said the Planning Commission began
work on this by looking at two and three different ways that the Town had approached this issue. The Commission
settled on an amendment to the subdivision code. It said that if a property owner wanted to split or replat an
existing platted lot, which was in a single family-zoning district, the property owner could not exceed the average
lot size and width in the same zoning district within 800 feet. He said that the Council had approved that ordinance
amendment#00-08. Since that time input had been received from some property owners who felt they had not been
given the opportunity to testify on that because they argued that the amendment to the subdivision ordinance
effectively rezoned their property without the benefit of public hearings or notice. Because it was the intent of staff
and the Town not to exclude people and to make people aware of changes in land use regulations, staff had initiated
Town Council Regular and Executive Session 9/21/00
Page 13 of 16
this amendment to the zoning code, which was essentially the same language that now appeared in the subdivision
code. Staff wanted to bring this amendment through advertised public hearings at both the Planning Commission
and the Town Council. Property owners would not only have the opportunity to testify, but when people looked at
the developability of a lot, they won't look at the subdivision code but will look at the zoning code. He said it was
staff's aim to provide that information and language in both sets of the regulations so that people won't miss it. If
people were purchasing property with the thought they might have the ability to split it, they might see it in the
zoning code and would be able to make their decision accordingly. He said that the Planning Commission had
reviewed this on August 10 and recommended approval. He stated that staff also recommended approval.
Councilman McNeill asked for clarification of the application of this change. Director Valder said the subdivision
regulations were not being changed. This would simply change the minimum lot width and size of a lot could be for
a new lot. Councilman McNeill stated it would not matter as to what number of lots were being talked about.
Mr. Farrell said it appeared that the criteria would be whether or not this would be a subdivided parcel as opposed to
a meets and bounds legal description. If this lot were within an existing subdivision regardless of its size, if it
were going to be redivided, this application would be applicable. If it were a meets and bounds tract of land, one
that had not be subdivided and wasn't part of an existing recorded plat, then this application would not be
applicable. Two or three splits of an unsubdivided lot, whether finished or unfinished, was considered a lot split.
Four divisions of unsubdivided parcel, whether built or not, was a subdivision. This would be the redividing of
recorded lots. Meets and Bounds descriptions were not recorded; only plat maps were recorded.
Mark Van Boeckel, Cabrillo Drive.
He felt it was important to keep the neighborhood character. He was in favor of the amendment.
Mary Vast, Inca Ave.
She felt this amendment would protect the existing neighborhoods.
Bob Prather, 15312 E Sierra Madre
He requested that the Council approve the amendment
Dick Smith, Sierra Madre
He supports the amendment.
Bob Vast, Inca
He was in favor of the amendment.
Janice Aberson, 15411 Tepic Lane
She supported the amendment.
Charlie Maxwell, attorney representing Prather and Aberson
He supported the amendment.
George Post, 17014 E. Rand
He said he would trade them for a small lot.
Mayor Morgan reconvened the regular session at 9:35 p.m.
AGENDA ITEM#15 CONSIDERATION OF ORDINANCE 00-19 AMENDING CHAPTERS 5 •AND 10
OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY PROVIDING
ADDITIONAL REGULATIONS AND RESTRICTIONS REGARDING LOT SIZE AND LOT WIDTH
FOR PROPOSED SINGLE-FAMILY-ZONED LOTS SO THAT RE-SUBDIVIDED SINGLE-FAMILY-
Town Council Regular and Executive Session 9/21/00
Page 14 of 16
ZONED LOTS WOULD BE CONSISTENT IN SIZE AND WIDTH OF EXISTING PLATTED LOTS IN
THE IMMEDIATE VICINITY, CASE NUMBER Z2000-13.
Lo Councilwoman Ralphe MOVED to approve Ordinance 00-19 as presented and Councilman McNeill SECONDED
the motion.
Councilman Wyman clarified that it had been the subdivision ordinance, which had previously been amended and
not the zoning ordinance.
Councilwoman Ralph said this amendment benefited the community at large, neighborhoods, and fair-minded
individuals.
The motion CARRIED unanimously.
AGENDA ITEM#16 CONSIDERATION OF THE FINAL REPLAT FOR PLAT 203, BLOCK 9, LOT 9,
LOCATED AT THE SOUTHWEST CORNER OF INCA AND MANITOU DRIVES TO SUBDIVIDE THE
LOT INTO TWO LOTS,CASE NUMBER S2000-024.
Director Valder reviewed that staff and the applicant had a conversation tonight and staff was now requesting that
the item be continued for two weeks until the October 5th Town Council meeting. There were two outstanding
issues, one of which staff would like to see taken care of. The applicant, his representative, and his engineer had a
conversation that they would be making a technical change to the plat so that it was in conformance with the
hillside preservation regulations. This would then be brought back to the Council on October 5th for further action.
Director Valder stated for the record that the ordinance just passed had an effective date of October 23, which
would clearly be after the October 5`h meeting date.
Councilman Wyman MOVED to continue this item for two weeks until the October 5th Council meeting and Vice
(160 Mayor Hutcheson SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#17 DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING A POLICY
CHANGE FOR EMPLOYMENT OF FUTURE TOP STAFF AND DEPARTMENT HEADS REQUIRING
RESIDENCE IN THE TOWN LIMITS WITHIN A SPECIFIC PERIOD AFTER ACCEPTANCE OF
EMPLOYMENT.
Mayor Morgan stated that Councilwoman Fraverd had asked that this be put on the agenda. Councilwoman Fraverd
said because the hour was late, she would like this to be considered at a future council meeting for discussion. She
said it was a good idea and she would like to see the key personnel also live here. She thought Mr. Farrell was
going to give the Council more information such as language that could be used as far as residency. She said she
was looking for some support from fellow Councilmembers. She hoped that the new Community Center manager
would also fall under this requirement.
Mayor Morgan asked if there was a salary level to command this, was there a time frame for having children
transferred from schools that the Town could not accommodate, home sale considerations so they don't have to have
two house payments. She noted there was a lot to discuss before she could consider this as a requirement. She did
not think there were many positions at a salary level that the Council could command this from.
Councilwoman Fraverd said there must be some flexibility. She pointed out that Mr. Farrell had said salaries could
not be looked at. She thought Fountain Hills had affordable housing. She hoped that people in key positions could
afford to live in Fountain Hills. But she said there should be some language in there allowing for some flexibility
for extenuating circumstances. She said the Mayor was correct in her assessment that there was a lot to be put into
this. She felt that was what part of the discussion should be about.
Councilman Wyman MOVED to table this item and Vice Mayor Hutcheson SECONDED the motion, which
CARRIED unanimously.
Town Council Regular and Executive Session 9/21/00
Page 15 of 16
AGENDA ITEM#18 CALL TO THE PUBLIC.
George Post, 17014 E. Rand Dr.
He suggested a unisex port-a-potty was needed at the Dog Park. He noted that users had taken up a collection for a
drinking fountain. He said the Dog Park was scheduled to close for three weeks at the end of October. He asked the
Council to somehow provide the fenced ballpark for that three-week period. He asked for handicap parking at Golden
Eagle Park.
Councilman Kavanagh responded to Mr. Post. Prior to the budget being formalized he had been in contact with a
person involved in the Dog Park, Kim Marshburn, who had been concerned about the lack of a water fountain and a
shade gazebo there. He said that he had been informed that there was an committee actively raising private funds who
thought that they could essentially acquire that stuff on their own and they did not want to prematurely ask the Town for
money. He understood they had a pretty good lead on that. He said it wasn't that they were forgotten; they were just
struggling independently.
AGENDA ITEM#19 ADJOURNMENT.
Vice Mayor Hutcheson MOVED to adjourn and Councilman Wyman SECONDED the motion, which CARRIED
unanimously. Mayor Morgan adjourned the meeting at 9:47 p.m.
TOWN OF FOUNTAIN HILLS
By: v1C-
Sharon Morgan,Mayo
6 ATTEST: I �
Cassie B. Hansen,
Director of Administration/Town Clerk
PREPARED BY: / / �, i '-
Bev Bender,Executive Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Session Meeting
held by the Town Council of Fountain Hills on the 20 day of September 2000. I further certify that the meeting
was duly called and that a quorum was present.
DATED this 19th day of October 2000.
iLLAAA4./.--)
Cassie B. Hansen,
Director of Administration/Town Clerk
Town Council Regular and Executive Session 9/21/00
Page 16 of 16