Against the backdrop of a referendum petition drive the Town Council continues to press on with the work of reviewing the proposed Daybreak apartment community for Fountain Hills.

Smart Development for Fountain Hills is a committee formed to circulate petitions for the possible referendum vote. The committee is challenging council actions earlier this month related to the 400-unit apartment complex proposed for 60-acres near Palisades and Shea boulevards (see separate story).

The council has approved a General Plan amendment and PAD zoning for the project, but a development agreement for the project is pending. The council met on Wednesday, Oct. 23, for a closed executive session with the town attorney to discuss the agreement.

Discussions with legal counsel in executive sessions are considered confidential and are not to be discussed outside the meeting room, so it is not known at this time what changes may have been proposed for the agreement. A revised version will be available prior to consideration.

After meeting for about an hour the council entered an open special session and Mayor Ginny Dickey announced they would not be taking action on the agreement at that time.

Dickey requested a motion to postpone vote until the council’s next regular session on Tuesday, Nov. 5, with direction to staff to proceed as discussed in executive session.

Without being specific, Dickey has stated consistently that she has some issues related to the development agreement and wanted to discuss them in closed session with the attorney. Dickey was one of two votes opposed to the General Plan amendment and the PAD on Oct. 1.

At an informal Town Talk session on Oct. 22, Dickey acknowledged the approval by the majority of the council, but added she did not see that as an end.

“We can move forward to make the project as good as it can be,” she said.

Councilman David Spelich was the second dissenting vote on the project Oct. 1. He stated at the Town Talk that he has a lot of questions he wants answered.

“I have some real concerns with the development,” Spelich said. “I want smart development; hopefully we are able to address my concerns.”

Vice Mayor Sherry Leckrone voted for the project requests and made comments at the Town Talk, although not directly about Daybreak.

“I love that people in this town are passionate, with very diverse ideas and opinions,” Leckrone said. “A lot of good comes from that conflict.”

The development agreement is a document designed to reinforce provisions included in the Planned Area Development (PAD) zoning. This includes such things as standards for variance requests, retaining walls, cut and fill provisions and miscellaneous engineering items.

The agreement also provides for specifics of a development timetable. This proposed agreement provides for a term of 10 years to begin vertical construction or all approvals are revoked. It also provides for the 33-acre hillside protection easement on the property, and requires the developer to complete acquisition of the property within 180 days.