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By Lynn Pyne
<br />'l'he Phoenix Gazette
<br />One year ago in Paradise Valley,
<br />the year 1982 promised to be such a
<br />yawner town officials yearned for a
<br />prescription to cure apathy.
<br />They found it.
<br />And now, most. likely, they're
<br />wishing they hadn't had to swallow
<br />some of the bitter pills that have been
<br />forced down their throats in the past
<br />12 months.
<br />It's been a year of standing-room-
<br />only council meetings, tempestuous
<br />zoning debates, courtroom battles and
<br />angry words.
<br />Councilmen have learned first-hand
<br />what it means to be "between a rock
<br />and a hard place." They've had to
<br />take their lumps -whether dished
<br />out by residents, developers or giant
<br />corporations -no matter which way
<br />they turned.
<br />·For a year that unfolded without a
<br />murmur of controversy, a surprising
<br />number of divisive issues emerged.
<br />Cable television, development on
<br />Mummy Mountain and time-sharing ______ .:_ ___ _
<br />at the Hermosa. Inn provoked the
<br />hottest debates. But even a proposal
<br />for a steeple-topped chapel at Valley
<br />Presbyterian Church generated
<br />enough controversy to pack council
<br />·chambers.
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<br />In January 1982, all was quiet.
<br />Eight candidates were vying for
<br />election Feb. 9 to the seven Town
<br />Council seats, but their campaigns
<br />were not rife with the hullabaloo seen
<br />in other cities.
<br />At the time, Councilman William J.
<br />Simon said, "I'm not sure there are
<br />going to be any issues."
<br />Although the calm atmosphere was
<br />greeted with some feelings of relief,
<br />councilmen were wary of the public
<br />silence and disinterest accompanying
<br />the quietude.
<br />Mayor J. Duncan Brock worried,
<br />"We need for citizens to express their
<br />feelings at council meetings and at the
<br />polls. Apathy is a disease the town
<br />cannot afford."
<br />On Feb. 9, Paradise Valley voters
<br />:t:e-elected the six incumbents seeking
<br />Town Council seatS. The only new
<br />face was Robert W. Plenge, replacing
<br />P. Robert Moya who did not seek
<br />another term. Defeated was Saundra
<br />K. Sandblom.
<br />The election was hailed as an
<br />affirmation of support for town poli-
<br />cies, which were described by council-
<br />men as a united effort to uphold 'the ·
<br />town's residential philosophy ~md'
<br />resist pressures for commercial devel-
<br />opment.
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<br />Meanwhile, the wheels of govern-
<br />ment.were rolling smoothly.
<br />Pursuing its goal to annex two
<br />county islands in the heart of Paradise
<br />Valley, the town gobbled up 425 acres
<br />in January. This completed the an-
<br />nexation of nearly all the residential
<br />property on the county islands except
<br />Clearwater Hills.
<br />Progress also was being made in
<br />luring the other county island dwellers
<br />-most importantly Marriott's Cam-
<br />elback Inn and Mountain Shadows
<br />and the Paradise Valley Country Club
<br />-into the,town fold.
<br />5 .
<br />To pave the way for their annexa-
<br />tion, three new zoning categories were
<br />drafted which were intended to pro·
<br />vide ground rules acceptable to both
<br />property owners and the town.
<br />The new zoning ordinances were
<br />scheduled originally for adoption· by
<br />the Town Council in March. But the
<br />decision was repeatedly postponed to
<br />allow time for further negotiations
<br />with the resorts and iron out the
<br />nitty-gritty details.
<br />Town officials said an agreement
<br />has been struck, but the year 1982 will
<br />end without a formal decision on this
<br />issue. It has been rescheduled for l!
<br />council hearing on Feb. 24, 1983.
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<br />Town officials were busy in early
<br />1982 with other projects besides the
<br />annexations.
<br />Equipment costing $105,000 had
<br />been ordered for Paradise Valley's
<br />townwide alarm-monitoring service.
<br />Hailed as a weapon against crime, the
<br />system will allow subscribers' home
<br />alarms to be monitored by dispatchers
<br />in the town Marshal's Department.
<br />··-. '. . ·.).-':' .. .': ..
<br />estu us year.
<br />1982
<br />in review
<br />Currently, the dispatchers' equip-
<br />ment has been set up, but delivery of
<br />the subscriber · terminals is behind
<br />schedule. Marshal Peter Wafuwright
<br />said he expects receipt early this
<br />month, then testing will start. The
<br />alarm-monitoring service could be
<br />offered to residents in late March.
<br />The widening and reconstruction of
<br />Tatum Road was delayed a few
<br />months in early 1982 by sluggish
<br />utility companies, but the $1.12 mil-
<br />lion project was completed in May.
<br />Marshal's deputies vowed to strictly
<br />enforce the 40 mph speed limit in an
<br />effort to curb accidents.
<br />Also in May, Town Manager Oscar
<br />Butt unveiled a conservative $3.2
<br />million budget designed to maintain
<br />the same level of government services
<br />and provide modest salary increases
<br />for town staff in fiscal year 1982-83.
<br />Butt reported the town had squir·
<br />reled away more than $~ million over
<br />the years -"enough. money so if all
<br />hell broke loose, we could live a year
<br />. without any income" ,:.:... despite the
<br />fact that Paradise· Valley's 12,250
<br />residents pay no property tax. ·
<br />The new budget was adopted by the
<br />Town Council and went into effect
<br />July 1. Butt predicted. the town's
<br />savings would remain untouched -
<br />and might even grow -during 1982·
<br />83. ... :
<br />Summer br~ught : not only hot
<br />weather to Paradise Valley, but also
<br />heated issues. :~ · ', , .
<br />.A harbinger of legal battles to come
<br />was · Arizona Public Service Co.'s
<br />request in early summer for a hearing
<br />date to pursue its five-year-old lawsuit.
<br />against Paradise Valley.
<br />The utiiity sought to strike down a
<br />town ordinance requiring under·
<br />ground burial of new utility lines. The
<br />town code, adopted in 1964, was
<br />heralded by the town fathers as a .
<br />Soe .o PV, NE-4
<br />. ·~:~-At the same time,· councilmen
<br />:'delivered ·a second . blow by fining side development and advocated turn-
<br />ing the rocky, little mountain into a
<br />mountain preserve.
<br />Settlement would include approval ---------------------------------------
<br />of La Place du Sommet, Brock said. In iJ1. ........... , v (' /., 7.,... JJ.,.. t( t""\t'J 3 .. · . Storer $83,400 for allegedly failing to,
<br />complete the cable system by the
<br />agreed~'~pon deadline.
<br />.. ' Storei'abandoned its plans to sell
<br />. tlle cal>le system and plunged full-
<br />speed into providing service in Para-
<br />dise .Valley, but filed a lawsuit in late
<br />July c~allenging the $83;400 penalty,
<br />. The cable company and town
<br />officials are attempting to negotiate
<br />an out-of-cou.rt settlement.
<br />The cable company and town
<br />officials were attempting to negotiate
<br />a settlement out of court, but as 1982
<br />ended, negotiations had broken down
<br />and the parties were headed back to
<br />the courtroom. ..
<br />After cracking down on the-cable
<br />1 1 company, councilmen barely had time.
<br />to catch their breath before tackling·,
<br />{ one of the thorniest issues of the year: .
<br />· ·· La Place du Sommet.
<br />A sometimes-noisy crowd of nearly
<br />100 packed council chambers Aug. 26
<br />when -after lengthy discussion -
<br />the council voted· 4-3 to quash the ,
<br />development.
<br />The issue could have ended there,
<br />but didn't .
<br />. Burns filed a $45 million lawsuit
<br />Oct. 1 against Paradise Valley, seeking
<br />to overturn the council's vote and
<br />alleging Councilman Simon had a
<br />conflict of interest when he voted
<br />against the project.
<br />Later that month, the Town Coun-
<br />. cil scheduled a special meeting at
<br />which it was expected to approve a
<br />revised plan for La Place du Sommet.
<br />The meeting never took place.
<br />Shortly beforehand, town officials
<br />• effect, it would reverse the council's r n..., ~., ,... \::(" "~ c: T\ r-:;) l)
<br />earlier decision -:-without taking •
<br />another council vote .
<br />Why back down on the issue?
<br />"It could be they (the council) ·
<br />made a mistake," Brock said. Former
<br />Town Attorney Douglas A. Jorden
<br />had advised the council that Burns ·
<br />had a legal right to build La Place du
<br />Sommet, he said. . ..
<br />Not only did the final' plan conform
<br />to the previously approved ·prelimi-
<br />nary plan, but it met the· town's
<br />regulations, Brock said .. ·· · . · .
<br />It remains to be seen whether
<br />present attorneys will echo Jorden's
<br />advice. If councilmen find they
<br />haven't a leg to stand on in court, they
<br />likely will decide to settle the suit.
<br />And La Place du Sommet will be
<br />. built.
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<br />"step toward a desirab.le, uncluttered·
<br />· envitonment."
<br />APS and the· town squared off in
<br />Maricopa County Superior Court in,..
<br />September and the town emerged·
<br />victorious. . 1
<br />But by that time, Paradise Valley
<br />· officials ··had other legal battl.es to
<br />consider.· ·
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<br />·In July, Storer Cable Communica~ ''
<br />tions sought ·to sell its newly com-
<br />pleted townwide cable-television net-
<br />work to its Paradise Valley.
<br />competitor, American Cable Televi-
<br />sion.
<br />The sale of the $3 million network
<br />would have given American sole
<br />control of the town's cable operations.
<br />In exchange, Storer would have
<br />received a similarly sized cable system
<br />in Southern California from Times-
<br />Mirror Corp., the controlling owner of
<br />American Cable.
<br />But under Storer's operating li·
<br />' cet1se, it needed Town Council ap·
<br />proval to consummate the deal.
<br />The council -buoyed by residents'.
<br />angry complaints about American
<br />Cable operations · -set a Valley·
<br />precedent by voting unanimously to
<br />derah the sale. ·
<br />.. Council members asserted competi·
<br />tion···wauld result in· improved cable.
<br />service.-.--· · ,,_, · ·
<br />Burns· investment Opportunities
<br />Inc. planned to build'32luxury homes
<br />-La Place du Sommet -on the
<br />northeast slope of Mummy Mountain.
<br />Previously, the counciLhad approved
<br />the preliminary plan and Burns spent
<br />nearly three years on planning and
<br />learned town engineer Bob Atherton
<br />may have moonlighted for Burns
<br />Investment, possibly constituting con-
<br />flict of interest.
<br />.Town officials requested a probe by
<br />Department of Public Safety· special
<br />investigators to "ensure the integrity"
<br />of actions <regarding La Place du
<br />Sommet. They 'also · hired an inde-
<br />pendent engin~ering firm to re-evalu-
<br />ate the projet~t.
<br />Councilmen emerged from their
<br />'decision on La Place du Sommet only
<br />to run headlong . into another issue . ·
<br />that would pack council chambers
<br />with standing-room-only crowds:
<br />time-sharing at t)le Hermosa Inn.
<br />The inn was valued at $6.45 million,
<br />but the time-share plan was expected
<br />to reap $22 million for the four
<br />partners in the venture.
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<br />These legal entanglements were
<br />further complicated by a musical-
<br />chairs situation in the office of town
<br />attorney ·until December, when A. Instead, the chapel can be built'at
<br />Paul Blunt was hired as a permanent one· place and the ~teeple at anbther
<br />replacement. · ~ on the ground --within 50 feet of
<br />1 ·. engineerjng.
<br />. In July, Burns sought final ap•
<br />· proval.
<br />The smooth-sailing project sud-
<br />denly encountered opposition as resi-
<br />dents came out en masse to vehe-
<br />. mently argue the development had too
<br />. , n1any houses and· would unduly scar
<br />·the mountainside.
<br />. Many hours of debate were heard at
<br />·the (irst council hearing, but a 3-3 tie
<br />.;vote left the issue unresolved. (One
<br />:.·:councilman was absent.)
<br />: •. : By· the second hearing in August, .
<br />,: U.S. Sen. Barry Goldwater had en-
<br />: tered the fray. In a letter to the
<br />:mayor, Goldwater deplored mountain-•. ,., . r·
<br />As the year 1982 drew to a close, the
<br />town was waiting for the DPS investi-
<br />. gative report, which ha~ · been com-
<br />pleted and sent to the state Attorney
<br />General's office.
<br />The engineering firm's report con-
<br />.. firmed Mayor Brock's belief that
<br />1 "~ob had don~ his job well to be~in
<br />· w~th," BrQck sa1d. ·
<br />Proceedings' on the lawsuit were
<br />1 halted tempontrily during the investi-
<br />gation,' but Paradise Valley council-: '
<br />men·. will meet Jan. 13 to decide
<br />wh.ether to instruct their attorneys to
<br />s~tue·l~e syit. '·
<br />· Jlermosa Tim'e-Share Limited Part-
<br />nership planned to sell the resort's 35
<br />luxury villjls in one-week increments
<br />to investors. Before doing so, it was
<br />required by the town to amend its
<br />special-use permit. ' .J
<br />Residents argued the sale would
<br />harm the one-house-per-acre residen-
<br />tial concept upon which the town was
<br />·founded. ·
<br />The issue was heard and postponed
<br />twice -over a period of months -
<br />before the Town Council reluctantly
<br />approved the plan 5-2 in late October.
<br />The sessions were rife with angry
<br />outbursts and clenched teeth.
<br />Councilmen said they had received
<br />legal advice that they d~d not h~ve the
<br />authority to stop the t1me-sharmg, so
<br />instead app~oved an . agreemen~ that
<br />gave the town some control over 1t.
<br />Residents were infuriated by the
<br />vote and are contemplating a lawsuit
<br />· agai~st the town to reverse the
<br />decision.
<br />attorney. '
<br />Douglas A. Jorden, Paradise Valley
<br />town attorney for four years, left in
<br />July to join a Phoenix law firm.
<br />He was replaced by Harry Craig,
<br />who was fired without explanation in
<br />September by the Town Council.
<br />Craig accused the council of violat-
<br />ing the open-meeting law when itfired
<br />him, and took his complaint to the
<br />state attorney general. The allegations
<br />are still under investigation, Craig
<br />said. He has gone into private law
<br />practice in Phoenix.
<br />Craig was replaced temporarily by
<br />Bill Piatt, an attorney who had
<br />worked on a contract basis for
<br />Paradise Valley in the past.
<br />Piatt assumed the title of town
<br />• each' other. ""''
<br />November brought n'o respite for · ·· Church leaders expressed distriliy,
<br />Paradise Valley councilmen. · saying the steeple couldn't be pluc,k~d
<br />The Valley· Presbyt~rian ChUrch . from the rooftop and planted in·•lhe
<br />tan afoul of town ordinances -"-" which ground~ They were forced to go back
<br />restrict the height bf church steeples tO the drawing board. . ,;.,,,,, ,,
<br />to 30 feet from ground level·-when it . That's where the issue stood::· as
<br />sought to .build a 30-foot-high chapel 1982 drew to 8 close. " : ·~
<br />topped with a ao~foot spire. . . . ' 0 ""' ..
<br />· Nearby residents objected -to the There appears to have been -~~e
<br />60-foot height, saying the size was bright _spotin late 1982: the unve1hng
<br />unnecessary and would not enhance of a lohg-awaited plan to develop th_e
<br />the town's predominantly residential McCune Mansion property as a .r~si·
<br />character. dential subdivision, with the mans1on
<br />After a long, emotional debate i? ·. , becomingone of the homes. ";
<br />crowded cham hers, the Town Counc1l So far, the ·plan seems to'·, be
<br />first defeated the proposal, then vo~ed palatable tO residents and councilmen
<br />to reconsider and then voted to g1ve. alike. . .'·'""''
<br />the church its chapel and steeple. The owner, North American f>t6P·
<br />But ... the steeple cannot be built erties Ltd., plans to develop 28 lU)'\!!Y
<br />on the chapel.· · · · homes.. · ., ,.,
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