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HomeMy WebLinkAbout1997.0904.TCRM.MinutesMeeting of 1997-9-04 Regular Session THE TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 4, 1997 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30 P.M., Thursday, September 4, 1997, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building B, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag by Cub Scouts Chase Moore, Shane Moore, Daniel Hare and Kyle Johnson and the invocation given by Councilman Lawrence, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Bill O'Brien and Councilmembers Don Lawrence, Marianne Wiggishoff, Sid Apps, Al Poma and Penfield Mower. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson, Town Engineer Randy Harrel and Planner Geir Sverdrup. Mayor Miles read the Consent Agenda which consisted of the following agenda items: AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF AUGUST 18TH, 1997. AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE PURCHASE OF TWELVE PORTABLE RADIOS AND NINE MOBILE RADIOS BY THE MARSHALS DEPARTMENT TO COMPLETE THE CONVERSION TO "TYPE - 2" RADIOS APPROVED IN THE FY 97-98 BUDGET. AGENDA ITEM #4 - CONSIDERATION OF AWARDING THE MOWING CONTRACT TO E/G MANAGEMENT, INC. IN THE AMOUNT OF $25 040 AGENDA ITEM #5 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY PROVIDING FOR THE COSTS TO TOWN DETENTION OF PERSONS ARRESTED AND INCARCERATED IN THE MARICOPA COUNTY JAIL AS WELL AS THE AGREEMENT FOR THE TOWN'S OBLIGATIONS REGARDING MEDICAL SERVICE FOR THESE PERSONS. AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1997-42 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC STIFULAI70N. (CARLSON, PAMELA - EA 96-29) Councilman Lawrence MOVED to approve the Consent Ager.da as read. Councilman Apps SECONDED the motion. A roll call vote was taken with the following results: Page 1 of 12 Councilman Poma Aye Councilwoman Wiggishoff Aye Councilman Apps Aye Councilman Lawrence Aye Councilman Mower Aye Vice Mayor O'Brien Aye Mayor Miles Aye The motion CARRIED. AGENDA ITEM #7 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Judge Shoob reviewed the monthly report for the month of August, 1997. He stated 467 cases had been filed and that 63 hearings, trials and conferences had been held during the month of August. His staff has been in training all month for the new ACAP Program scheduled to begin in early September. He said there was an average 86% collection rate for delinquent fines. AGENDA ITEM #21 - CONSIDERATION OF THE FINAL PLAT FOR "PUEBLO VISTA CONDOMINIUMS" A FOUR UNIT CONDOMINIUM PROTECT LOCATED AT 12836 MOUNTAINSIDE DRIVE, AKA LOT 10, BLOCK 3 FINAL PLAT 601-A CASE #S97-036 Planner Geir Sverdrup stated there were no changes since the approval of the preliminary plat. Councilwoman Wiggishoff MOVED to approve Pueblo Vista Condominiums final plat, Case #S97-036. Councilman Poma SECONDED the motion which CARRIED unanimously. AGENDA ITEM #10 - UPDATE ON PROPOSED OFF -LEASH AREA AT GOLDEN EAGLE PARK. Town Manager Nordin stated that an unlit, fenced -in area used as a hardball field in the northwest section of Golden Eagle Park was the location for a proposed dog run on a trial basis. He said the dogs would be under their owners' control and the owners would be expected to clean up after their dogs. Mayor Miles was concerned about the condition of the area for the use as a baseball field after being used as a dog run. Councilman Apps questioned the guarantee of enforcement and mentioned since fees were charged for usage of the field, the field should be in pristine condition. Vice Mayor O'Brien asked about the Town's liability. Town Attorney Bill Farrell stated the dog owners would be liable for their dogs. Councilman Lawrence said he had no objection to allowing the dog run on a trial basis. Hazel Freeland, President of Fountain Hills Little League, objected to the use of the hardball field as a dog run and cited safety and health issues for ball players as a major concern. Councilman Apps MOVED to deny staff the authorization to permit the use of Golden Eagle Park hardball field as an off -leash area for a dog run. Councilman Poma SECONDED the motion. Councilwoman Wiggishoff stated emphasis was needed to be placed on dog owners' responsibilities and appropriate signage was needed as well. The motion failed with a 6-1 roll call vote. Councilman Apps cast the aye vote. Page 2 of 12 AGENDA ITEM #8 - PRESENTATION BY ARCHITECT ROB DIETZ OF THE SITE PLAN ^ DESIGNS FOR THE NEW COMMUNITY CENTER DEVELOPED FROM THE CITIZEN INPUT COLLECTED AT THREE PUBLIC "VISIONING" MEETINGS HELD IN TULY AND AUGUST AND POSSIBLE APPROVAL OF THE RECOMMENDED SITE. Architect Rob Dietz, of Hofmann -Dietz Architects, presented a chronological summary of events which resulted in three public "visions" meetings. He stated community input had assisted his firm to continue the development of a site plan design. Mr. Dietz confirmed that the overall approval had been given to Site "D" which provided a open courtyard for entrance into the building as well as another entrance in the rear. Wings on each side of the courtyard with banquet and classrooms on one wing and a performing arts center on the other wing. He presented six site concept locations for the building and that the Community Center Advisory Commission had favored the access point along the uncompleted Stewart Vista Drive facing Fountain Park with a rear access off La Montana. He said the main entry would be off Verde River Drive into a courtyard area at Stewart Vista Drive and pointed out the location of administrative offices, kitchen facilities, arts & crafts areas, day care room, and seminar rooms as well as adjustable banquet spaces on a conceptual floor plan. He pointed out the outdoor step system would serve as an amphitheater with a central fountain display in a circular drop off area. Walt Franklin, Chairman of the Community Center Advisory Commission, thanked Mr. Dietz for his continued progress with the site plan developments to date. He also complimented the residents in the community who had contributed to decisions involving the building itself. Reldon Schirch expressed his appreciation for having the community involved in the progression of the Community Center. Mr. Franklin invited the Council to the next organizational meeting on Saturday, September 13th at the Community Center at 10:00 A.M. After some discussion, it was the consensus of the Council to proceed in the directions presented by Mr. Dietz. AGENDA ITEM #9 - CONSIDERATION OF APPROVING THE 60' HEIGHT ALLOWANCE NECESSARY FOR THE CONSTRUCTION OF THE PROPOSED PERFORMING ARTS AUDITORIUM. Mayor Miles stated that the 40' height maximum for commercial buildings would not apply to government -owned buildings but that a height limitation allowance of 60' was requested for the performing arts auditorium part of the Community Center building. Mr. Dietz explained that the height allowance was needed for a section of the building used in storing scenery and presented slides which depicted the layout of the staging area. He stated that only 8% of the entire building would be required to be 60' and that existing palm trees were already higher than the 60' requested. He predicted the future apartments built in back of the Community Center location would be equally as high and that the proposed auditorium would not be obtrusive. Councilman Apps MOVED to approve the 60' height allowance for the performing arts auditorium. Councilwoman Wiggishoff SECONDED the motion. Walt Franklin, from the CCAC, stated his commission had studied the extended height allowance issue and had recommended approval. Edwin Keye said he thought excavating to allow construction below grade should be considered. Mr. Dietz affirmed that fire and building codes prevented the building from Page 3 of 12 being built below grade. Lowell Janson suggested other alternatives be explored rather than constructing a building 60' in height. Jerry Gorrell stated his experience in theater operations had mandated the proscenium design as a traditional world wide design which was the most flexible design for theater staging. Jerry Kirkendoll said he was concerned about blocking views and urged a southwest design be used with a minimum emphasis using glass. Councilman Apps expressed his approval of the development of a high quality auditorium for future use by children in the community. The motion CARRIED unanimously. AGENDA ITEM #12 - PUBLIC HEARING ON ORDINANCE 97-18 A PROPOSED AMENDMENT TO THE OFFICIAL ZONING DISTRICT MAPS TO DESIGNATE THE APPROXIMATELY 133 ACRE UNPLATTED AREA OF LAKESIDE VILLAGE LOCATED EAST OF SAGUARO BOULEVARD THE FOUNTAINHEAD CONDOMINIUMS ARRIBA DEL LAGO, AND PANORAMA DRIVE; SOUTH OF THE RANCHO MONTANA SUBDIVISION, MIRAGE HEIGHTS CONDOMINIUMS AND PLAT 303• WEST OF PLAT 303 THE MIRAGE POINTE SUBDIVISION AND THE FORT MCDOWELL INDUN COMMUNITY; NORTH OF THE FOUNTAINHEAD CONDOMINIUMS ARRIBA DEL LAGO AND PUERTO DEL LAGO• FROM R-5 R-3 R.U.P. #Z78-160 AND R-4 TO "RI-10". CASE #Z97-07. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:35 p.m. Mayor Miles gave a brief presentation which depicted the location of the property under consideration. He said he was concerned with the present density issue as well as losing the ridgeline views in the area behind Fountain Park lake. He stated that MCO had initially agreed not to build more than 320 units on the 133 acres, that single story dwellings not exceed 22' in height on ridgeline areas and that dwellings built on the "hotel hill" location would not exceed two stories, the height of which had not been determined. He said negotiations with MCO had discussed the purchase of the a portion of the ridgeline for development of a hiking trail along with a development limitation agreement. He presented the pros and cons between the purchase of land, the rezoning of the property or a development limitation agreement. He said he hoped to combine the purchase of land along with a development agreement in future negotiations with MCO Properties. Bill Eckhardt, a resident of Rancho Montana, supported the efforts of the Council to continue negotiations with MCO. Mary Pilarinos supported the limiting of density and height issues without purchasing the property. Bob Carpin, a resident of Arriba Del Lago, supported the land preservation suggestion. Mayor Miles said only a bond issue could provide for the purchase of land for preservation purposes and a bond issue question was planned for the November 4th election for preservation of the McDowell Mountains. Dottie Youngs said she was concerned with the extension of Brantley Drive. Mayor Miles assured Ms. Youngs that no suggestions for the extension of Brantley Drive had been discussed. Judy Dragewicz asked about the allowable density after the review of slope analysis maps. Mayor Miles said those maps had just been received and would be studied within the next few weeks to determine density. Leesa Fraverd said she was concerned about the quality of multi -family dwellings and supported rezoning of the property as well as urging considerations concerning the other three parcels. Bill Wadsworth, a resident of Mirage Heights asked to have the ridgeline defined on a map. Jerry Kirkendoll said there were many projects which needed Town money and that the Council couldn't buy everything. Page 4 of 12 Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:07 p.m. AGENDA ITEM #13 - CONSIDERATION OF THE ORDINANCE 97-18 WHICH IF ADOPTED WILL AMEND THE OFFICIAL ZONING DISTRICT MAPS TO DESIGNATE THE APPROXIMATELY 133 ACRE UNPLATTED AREA OF LAKESIDE VILLAGE LOCATED EAST OF SAGUARO BOULEVARD, THE FOUNTAINHEAD CONDOMINIUMS, ARRIBA DEL LAGO, AND PANORAMA DRIVE; SOUTH OF THE RANCHO MONTANA, MIRAGE HEIGHTS CONDOMINIUMS AND PLAT 303; WEST OF PLAT 303, THE MIRAGE POINTE SUBDIVISION, AND THE FORT MCDOWELL INDIAN COMMUNITY; NORTH OF THE FOUNTAINHEAD CONDOMINIUMS, ARRIBA DEL LAGO, AND PUERTO DEL LAGO; FROM R-5, R-3 R.U.P. #Z78-160, AND R-4, TO " RI- 10". CASE #Z97-07. AGENDA ITEM #11 - CONSIDERATION OF ORDINANCE 97-34 AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE TOWN AND MCO PROPERTIES RESTRICTING THE NUMBER OF UNITS AND HEIGHT OF UNITS THAT WILL BE ALLOWED TO BE CONSTRUCTED ON FOUR PARCELS OF REAL PROPERTY GENERALLY LOCATED IN AN AREA KNOWN AS LAKESIDE VILLAGE. Councilman Poma MOVED to continue discussion of Ordinance 97-18 and Ordinance 97-34 until the first meeting in October. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM #14 - DISCUSSION OF THE COMMUNITY LOGO AS PRESENTED BY COUNCILWOMAN WIGGISHOFF. Councilwoman Wiggishoff said one of the proposed marketing and advertising plan objectives of the Mayor's Council of Economic Development was the development of a Fountain Hills business logo. She said this logo could be used by any Fountain Hills business as a method of community promotion and pride. Credit was given to Michael QConner for his contributions and to Michael Fleck for the design of the logo. She explained the design image of the logo was meant to be simple, appealing and distinctive. Seasonal street banners could contain the Town logo in a variety of colors. She displayed a sample of an ad to be used in a local cinema advertisement theate~ advertisement which used the logo. AGENDA ITEM #15 - STATUS REPORT ON THE ADOT COMMUNITY LOGO SIGN PLAN WITH POSSIBLE DIRECTION TO STAFF. Town Engineer Randy Harrel stated that he had been working with ADOT over the last eight months to develop a community business sign plan. He said three groups of signs, two on the Beeline Highway (87) both north and south of Shea and one at the intersection of Shea and Saguaro were planned and would be financed by the business owners advertised on the signs. He said the Chamber of Commerce and the Town would be holding an information meeting to discuss the sign plan with ADOT. He said Maricopa County had requested directional signs be placed within the Town's right-of-ways for the McDowell Mountain Park. Mr. Harrel stated that staff recommended those signs be placed either on the Town's directional signs or the ADOT logo signs. Mr. Harrel asked the Council to consider a logo for advertising the Fountain on two ADOT logo signs which could cost around $1,000 per year. Page 5 of 12 Councilwoman Wiggishoff said she approved of the ADOT logo signs on Hwy. 87 at the entrance to the Town but not at the intersection of Shea and Saguaro. She also approved of the proposed expenditure for advertising the fountain on entrance signs. Vice Mayor O'Brien said he was uncertain whether the fountain needed to be advertised and promoted. Mayor Miles suggested this matter be discussed by staff along with the Signage Committee which consisted of Councilwoman Wiggishoff and Vice Mayor O'Brien. Mr. Harrel said signage directing traffic to Fountain Hills on the Red Mountain Freeway off ramps as well as a sign on Country Club Drive was being developed. Councilman Lawrence MOVED to refer this matter to staff and the Signage Committee. Councilman Poma SECONDED the motion which CARRIED unanimously. AGENDA ITEM #16 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT TO CHAPTER 6, SECTION 6.08.E. OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAINHILLS WHICH IS THE SECTION OF THE ZONING ORDINANCE REGULATING TEMPORARY OFF -PREMISE SIGNS. Mayor Miles stated the outcome of a recent meeting between several Council members and Chamber members, the Home Builders Association and area realtors in the Town had indicated unanimous intent on resolving the off -premise sign problems. Dori Wittrig identified several of the problem areas including the number of signs along Fountain Hills Boulevard especially at the Palisades Blvd. entrance. She suggested additional discussions be held over the next two months to continue problem solving measures regarding a possible permit policy with limitations on the number of signs. Also a review of the current enforcement guidelines could prevent future abuse of signage in the Town. Bruce Hansen, speaking for the Chamber of Commerce, said the Chamber supported the off -premise signs but that limitations were in order and asked for a 60-day delay. Lowell Janson presented a survey he had prepared as to the number of tent signs seen at certain times of the week. Councilman Poma MOVED to continue discussion on off -premise signs for sixty days until the first meeting in November. Councilman Lawrence SECONDED the motion which CARRIED unanimously. AGENDA ITEM #17 - STATUS REPORT ON THE IMPLEMENTATION OF THE TOWN'S SIGNAGE PLAN WITH RESPECT TO TRUCK ROUTE SIGNS. Councilman Apps asked he had received calls about the status of the truck route signs since the signage plan was approved in March and signs had still not been installed. Town Engineer Randy Harrel reported that nearly all the signs had been installed with the exception of 17 special -order signs which were recent additions. Councilwoman Wiggishoff suggested a truck route sign be added at Glenbrook and Blackbird. Mr. Harrel stated that if Marshal Gendler determined a problem at that area, a sign would be ordered. Councilman Mower asked about a through truck route going to Rio Verde. Mr. Harrel answered that the existing truck route used either Palisades or Saguaro Boulevard, then to Fountain Hills Boulevard north to Rio Verde. AGENDA ITEM #18 - CONSIDERATION OF RESOLUTION 1997-44 DESIGNATING THE Page 6 of 12 ARTS COUNCIL OF THE FOUNTAIN HILLS CIVIC ASSOCIATION AS AN OFFICIAL AGENT OF THE TOWN AND PRESCRIBING THE DUTIES AND OBLIGATIONS OF SUCH DESIGNATION. APPROVAL OF THIS RESOLUTION WOULD DESIGNATE THE ARTS COUNCIL AS THE OFFICIAL ART ORGANIZATION FOR THE TOWN AND AUTHORIZE THE ARTS COUNCIL TO REPRESENT THE TOWN INCLUDING APPLICATIONS FOR GRANTS AND ACCEPTANCE OF DONATIONS ON MATTERS RELATING TO PUBLIC ART. Mayor Miles stated Resolution 1997-44 would designate the Arts Council of the Fountain Hills Civic Association to act as the official agent of the town and enable them to accept donations and apply for grants for matters regarding public art. Councilwoman Wiggishoff MOVED to approve Resolution 1997-44 as presented. Vice Mayor OBrien SECONDED the motion. Mary Pilarinos asked whether any public funds were involved in any way. Mayor Miles said there were no mandates to provide the expenditure of public funds. Ginny Chin wanted to clarify that all aspects of arts were covered including the performing arts. Mayor Miles confirmed this question. Councilman Apps suggested a designated time be required for financial reports. The motion CARRIED unanimously. AGENDA ITEM #19 - REVIEW OF THE INITIAL RESULTS OF THE BUILDING SAFETY DEPARTMENT SURVEY AND CONSIDERATION OF APPOINTING AN INDEPENDENT COMMITTEE TO RECOMMEND TO THE COUNCIL PROCEDURES FOR IMPLEMENTATION OF SUGGESTIONS RECEIVED FROM THE SURVEY Town Manager Nordin reported on the 137 replies to a questionnaire which had been sent to contractors who had applied for a building permit in the last year to determine the level of customer satisfaction in the Building/Safety Department. Mayor Miles suggested a sub -committee review the replies and determine suggestions for improvement. Councilman Apps suggested that the Committee be formed with unbiased parties even if it required professional outside assistance. Vice Mayor O'Brien suggested staff review the results of the survey and make recommendations based on that review. Councilwoman Wiggishoff cited one of the comments made in the survey related to not knowing about the appeals process and stated that staff should come back with a plan to resolve such comments. Mayor Miles polled the Council as to their preference whether to ask staff to proceed or to form a sub -committee. Councilman Lawrence, Poma, Apps and Mayor miles voted to form a sub -committee. Councilwoman Wiggishoff, Vice Mayor O'Brien and Councilman Mower voted to direct staff to deal with current problems. Mayor Miles stated this matter would be delayed for one month until the October 2nd meeting. AGENDA ITEM #20 - DISCUSSION OF INTERNAL INVESTIGATION I/A 97-058 CONDUCTED BY THE MARICOPA COUNTY INTERNAL AFFAIRS REGARDING A CITIZEN COMPLAINT CONCERNING THE COMMUNITY DEVELOPMENT DEPARTMENT WITH POSSIBLE DIRECTION TO STAFF FOR IMPLEMENTATION. DISCUSSION MAY INCLUDE DIRECTION REGARDING THE BUILDING SAFETY DEPARTMENT SURVEY. Councilman Apps stated he did not consider the investigation closed regardless whether the Internal Affairs division of Maricopa County did or not. Mayor Miles stated he thought the evaluation was Page 7 of 12 favorable and considered this matter closed. AGENDA ITEM #22 - CONSIDERATION OF A FINAL PLAT FOR "HACIENDA VISTA CONDOMINIUMS" A TEN UNIT CONDOMINIUM PROJECT LOCATED AT 12609 NORTH LAMONTANA DRIVE, AKA LOT 1, BLOCK 1. FINAL PLAT 207, CASE #S97-035. Planner Geir Sverdrup stated no construction had started on the ten unit condominiums and that the application had agreed to the stipulation presented in the staff report. Councilman Lawrence MOVED to approve the final plat for Hacienda Vista Condominiums, Case #S97-035. Councilman Poma SECONDED the motion which CARRIED unanimously. AGENDA ITEM #23 - PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REQUIRE SOLID FENCING AROUND OUTDOOR STORAGE YARDS AND TO REQUIRE THE MINIMUM FENCE HEIGHT TO BE EIGHT (8) FEET IN COMMERCIAL, INDUSTRIAL, LODGING AND UTILITY ZONING DISTRICTS. CASE #Z97-15. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:05 p.m. Director of Community Development Gary Jeppson said staff had been asked by the Town Prosecutor to consider changing the requirements for solid fencing versus the current terminology of view obscuring materials. He stated the Planning & Zoning Commission had initiated an ordinance requiring 8' solid fencing in commercial, industrial, lodging and utility zoning districts rather than the present 6'. Also in residential districts, the language was changed to require RV's to be stored behind a solid fence at 6'. Mayor Miles asked for clarification regarding those who might be grandfathered by this requirement. After discussion, he stated that if someone was in compliance with the present laws that exist, the requirements would not change. Walt Franklin asked what would constitute a solid fence. Mr. Jeppson answered that a solid fence would be opaque and could be any material that could not be seen through. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 9:10 p.m. AGENDA ITEM #24 - CONSIDERATION OF ORDINANCE 97-31 WHICH IF ADOPTED WILL AMEND THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REQUIRE SOLID FENCING AROUND OUTDOOR STORAGE YARDS AND TO REQUIRE THE MINIMUM FENCE HEIGHT TO BE EIGHT (8) FEET IN COMMERCIAL, INDUSTRIAL, LODGING AND UTILITY ZONING DISTRICTS. CASE #Z97-15. Councilman Apps MOVED to approve Ordinance 97-31 as presented. Councilman Mower SECONDED the motion which CARRIED unanimously. AGENDA ITEM #25 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION TO REZONE LOTS 1-7 BLOCK 4 PLAT 302 FROM "C-2" INTERMEDIATE Page 8 of 12 X COMMERCIAL TO "C-3" GENERAL COMMERCIAL LOCATED EAST OF SAGUARO BOULEVARD, NORTH OF RAND DRIVE, AND SOUTH OF EL PUEBLO BOULEVARD AND SIOUX DRIVE, CASE #Z97-14. AGENDA ITEM #26 - CONSIDERATION OF ORDINANCE 97-32 AN APPLICATION TO REZONE LOTS 1-7, BLOCK 4. PLAT 302 FROM "C-2" INTERMEDIATE COMMERCIAL TO "C-3" GENERAL COMMERCIAL, LOCATED EAST OF SAGUARO BOULEVARD NORTH OF RAND DRIVE, AND SOUTH OF EL PUEBLO BOULEVARD AND SIOUX DRIVE CASE #Z97-14. AGENDA ITEM #27 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION TO PERMIT A TEMPORARY VEHICLE STORAGE FACILITY AS A SPECIAL USE IN THE PROPOSED "C-3" ZONING DISTRICT, LOCATED AT 17317 SIOUX DRIVE, AKA, LOT 2, BLOCK 4. PLAT 302, CASE #SU97-05. AGENDA ITEM #28 - CONSIDERATION OF AN APPLICATION TO PERMIT A TEMPORARY VEHICLE STORAGE FACILITY AS A SPECIAL USE IN THE PROPOSED "C- 3" ZONING DISTRICT, LOCATED AT 17317 SIOUX DRIVE AKA LOT 2 BLOCK 4 PLAT 302, CASE #SU97-05. Mayor Miles stated that the applicant had asked for postponement of this matter until the next Council meeting. Councilman Mower MOVED to continue discussion of agenda items #25-28 until the September 18th, 1997 meeting. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM #29 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN AMENDMENT TO THE FOUNTAIN HILLS ZONING ORDINANCE TO AMEND CHAPTER 1 SECTION 1.12 BY ADDING_A DEFINITION FOR "DWELLING TWO-FAMILY" AND AMENDING "DWELLING, MULTI -FAMILY", CASE #Z97-16. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:12 p.m. Planner Geir Sverdrup stated this amendment was written to help clarify the definition of a duplex dwelling and how a multi -family dwelling was connected by common living walls. He said the Planning & Zoning Commission had recommended approval. There were no comments from the public. Mayor Miles closed the public hearing and reconvene the Regular Session of the Town Council at 9:14 p.m. AGENDA ITEM #30 - CONSIDERATION ORDINANCE #97-33, AN AMENDMENT TO THE FOUNTAIN HILLS ZONING ORDINANCE TO AMEND CHAPTER 1. SECTION 1.12 BY ADDING A DEFINITION FOR "DWELLING, TWO-FAMILY" AND AMENDING "DWELLING, MULTI -FAMILY", CASE #Z97-16. Councilman Lawrence MOVED to approve Ordinance 97-33 as presented. Councilman Poma SECONDED the motion. Councilwoman Wiggishoff asked why the buildings needed a connecting wall. She said she thought the main concern should be whether there were two dwelling units covered by Page 9 of 12 setbacks rather than regulating an area that need not be regulated. Vice Mayor O'Brien said he didn't see why it was necessary. Councilman Lawrence said the ordinance clarified language for staff and was necessary for applicants and staff to understand what was allowed. The motion CARRIED unanimously with a roll call vote. AGENDA ITEM #31 - CONSIDERATION OF A FINAL REPLAT JOINING LOTS 11 & 12, BLOCK 1, FINAL PLAT 430, LOCATED AT THE NORTH END OF GLENBROOK DRIVE AND EAST OF FOUNTAIN HILLS BOULEVARD CASE #S97-040 Planner Geir Sverdrup said the lot join was requested to allow the applicant to build a larger building in a "C-1" district. Councilman Lawrence MOVED to approve the final replat, Case #S97-040 as presented. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM #32 - CONSIDERATION OF ASSUMING FINANCIAL RESPONSIBILITY OF THE LAKESIDE VILLAGE STREET LIGHTING OBLIGATION TO SALT RIVER PROJECT. Mayor Miles recalled that the Town had agreed to the takeover of median maintenance expenses from the Lakeside Village Association but had delayed its approval of the assumption of street lighting costs at that time. According to Town Attorney Bill Farrell, the Town could decide to turn off the street lights but would be bound to assume the remainder for an additional twelve year period as contained in the present contract with Salt River Project at $7,000 per year. Mayor Miles said while the street lights do provide some lighting, in the future more non -obtrusive lighting could be installed. Councilman Mower said that the street lights do not illuminate the park and that other street lights in the Lakeside Village area are located away from the park. He recommended that the Council deny the request to assume the financial responsibility of the street lighting obligation. Vice Mayor OBrien suggested the Town approach SRP to determine if another arrangement were possible if the Town assumed the street lights. Councilman Poma said he was concerned about setting a precedent and having other homeowners' associations asking the Town to assume their lights. Bill Wadsworth, Mirage Heights, said the eight presidents of the various homeowners associations connected with Lakeside Village had agreed that the Town should take over the street lights since the lights were located on public streets. He stated lights in other associations were located in cul-de-sacs and did not light public property as did those around the park. He said the lease with SRP obligated the association to a twenty year contract signed in 1989. There was no action on this matter due to the lack of a motion. AGENDA ITEM #33 - CONSIDERATION OF RESOLUTION 1997-45 AMENDING THE EMPLOYEE MANUAL TO INCLUDE NEW POLICIES REGARDING NEPOTISM VACATION ACCRUAL USE OF INTERNET ACCESS AND ACCIDENT REPORTING POLICIES REGARDING CONTROLLED SUBSTANCE AND ALCOHOL TESTING PROCEDURES. Town Attorney Bill Farrell summarized the four amendments to the Employee Manual by reviewing policies concerning nepotism, excess vacation accrual, use of internet access and accident reporting Page 10 of 12 processes. Mayor Miles said he was concerned about nepotism in the workplace which might create future problems. Vice Mayor OBrien said the requirement to remove relatives from supervising relatives was a reasonable medium. The Council voted 6-1 regarding the nepotism policy, Mayor Miles cast the nay vote. Councilman Apps asked about drug testing policies and asked if it legally complied with Arizona statutes. Town Attorney Farrell answered that the policy had been written to comply with federal mandates. Councilman Lawrence MOVED to approve Resolution 1997-45 as presented. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM #34 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE SANITARY DISTRICT FOR COLLECTION OF FEES. Town Attorney Farrell said the Intergovernmental Agreement had been prepared because methods to insure all proper fees were collected prior to the beginning of construction. He said the Sanitary District had already approved the agreement which provided for the Sanitary District's assumption of liability in the event damages were assessed that resulted from the failure of the District to provide timely information to the Town. Councilman Lawrence MOVED to approve the Intergovernmental Agreement as presented by counsel. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM #35 - CALL TO THE PUBLIC. PUBLIC COMMENT IS ENCOURAGED BUT PLEASE BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE ARIZONA OPEN MEETING LAW.) No one spoke from the public. AGENDA ITEM #36 - PURSUANT TO A.R.S. 38-431.03.A.1; VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT PROMOTION DEMOTION DISMISSAL SALARIES DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER. APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY EXCEPT THAT WITH THE EXCEPTION OF SALARY DISCUSSIONS AN OFFICER APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN 24 HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING.RESPECTIVELY. Councilman Poma MOVED to go into Executive Session. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. Mayor Miles recessed the Regular Session of the Town Council Page 11 of 1.2 at 9:45 p.m. AGENDA ITEM #37 - RETURN TO REGULAR SESSION AND ADJOURNMENT. Mayor Miles reconvened the regular session of the Town Council and adjourned the meeting. TOWN OF FOUNTAIN HILLS Jerry Miles, Mayor ATTEST: Cassie B. Hansen, Town Clerk PREPARED BY: Linda D. Lemmen, 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 4th day of September, 1997. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of September, 1997. Cassie B. Hansen, Town Clerk Page 12 of 12