HomeMy WebLinkAbout1996.0711.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
4110, FOUNTAIN HILLS TOWN COUNCIL
JULY 11, 1996
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30
P.M., Thursday, July 11, 1996, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades
Blvd., Building B. Fountain Hills, Arizona.
The pledge to the flag was lead by Joanne Kenyon, Jr. Girl Scout Troop #2184 and Simone Kenyon, Cadet Girl
Scout Troop#2011. The invocation was given by Pastor Glenn Atchinson of the Fountain Hills Presbyterian Church.
Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice
Mayor Don Lawrence and Councilmembers Bill O'Brien, 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 and Town Engineer Randy Harrel.
Mayor Miles read the Consent Agenda which consisted of the following agenda items:
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 18, 19
AND 20, 1996.
AGENDA ITEM#3 - CONSIDERATION OF RESOLUTION 1996-48,APPROVING THE APPLICATION
FOR ARIZONA STATE PARKS BOARD HERITAGE FUNDS OR LAND WATER CONSERVATION
FUNDS FOR GOLDEN EAGLE PARK - PHASE V.
AGENDA ITEM#4 - CONSIDERATION OF RESOLUTION 1996-49, APPROVING THE APPLICATION
FOR ARIZONA STATE PARKS BOARD HERITAGE FUNDS OR LAND WATER CONSERVATION
FUNDS FOR FOUR PEAKS NEIGHBORHOOD PARK.
AGENDA ITEM#5 - CONSIDERATION OF RESOLUTION 1996-50, APPROVING THE APPLICATION
FOR ARIZONA STATE PARKS BOARD HERITAGE FUNDS OR LAND WATER CONSERVATION
FUNDS FOR FIELD OF DREAMS.
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1996-51, AMENDING THE ADOPTION
AGREEMENT FOR THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE
PLAN AND TRUST FOR THE TOWN MANAGER. THIS AMENDMENT INCREASES THE TOWN'S
CONTRIBUTION RATE TO 9% OF THE EMPLOYEE'S EARNINGS AND THE MANDATORY
EMPLOYEE CONTRIBUTION RATE BY THE EMPLOYEE TO 7.5% OF THE EMPLOYEE'S
EARNINGS.
AGENDA ITEM #7 - CONSIDERATION OF THE COOPERATIVE STATE PURCHASE AGREEMENT
BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE STATE OF ARIZONA, PERMITTING THE
TOWN TO PURCHASE MATERIALS AND SERVICES FROM VENDORS AT THE PRICES AND TERMS
CONTAINED IN CONTRACTS BETWEEN THE STATE AND THOSE VENDORS.
AGENDA ITEM #8 - CONSIDERATION OF THE PROPOSED RENTAL FEE SCHEDULE FOR THE
COMMUNITY CENTER SUBMITTED FOR CONSIDERATION BY THE PROPERTY COMMITTEE AND
CIVIC ASSOCIATION BOARD. THE ONLY SUGGESTED CHANGES ARE IN THE "PERSONAL USE"
CATEGORY SUCH AS WEDDINGS, DANCES AND RECEPTIONS.
Minutes of the Regular Session of the Town Council 07/11/96
Page 1 of 11
AGENDA ITEM #9 - CONSIDERATION OF THE ADDENDUM TO THE INTERGOVERNMENTAL
AGREEMENT BETWEEN MARICOPA COUNTY THROUGH THE AGENCY OF THE MARICOPA
COUNTY ELECTIONS DEPARTMENT AND THE TOWN OF FOUNTAIN HILLS FOR THE PURPOSE
OF PLACING A QUESTION ON THE PRIMARY ELECTION BALLOT,SEPTEMBER 10,1996. ON MAY
16, 1996, THE TOWN COUNCIL PASSED RESOLUTION 1996-31, ORDERING AND CALLING A
SPECIAL BOND ELECTION TO BE HELD ON SEPTEMBER 10, 1996, SUBMITTING TO. THE
QUALIFIED ELECTORS IN THE TOWN THE QUESTION OF AUTHORIZING THE ISSUANCE AND
SALE OF $1,950,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS FOR THE
CONSTRUCTION OF AN AQUATIC CENTER.
AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 1996-52, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE SOUTHERLY PROPERTY LINE OF LOT 7,_BLOCK 2, PLAT 505B (15827
E. RICHWOOD), AS RECORDED IN BOOK 158 OF MAPS, PAGE 43, RECORDS OF MARICOPA
COUNTY, ARIZONA, WITH STIPULATIONS. (LESTER - EA96-30)
Vice Mayor Lawrence MOVED to approve the Consent Agenda as read. Councilman Poma SECONDED the
motion. A roll call vote was taken with the following results:
Councilman Mower Aye
Councilwoman Wiggishoff Aye
Vice Mayor Lawrence Aye
Councilman Poma Aye
Councilman O'Brien Aye
Councilman Apps Aye
Mayor Miles Aye
The motion CARRIED unanimously.
AGENDA ITEM #11 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB.
Magistrate Shoob presented his report for the month of June which also illustrated fiscal year information. He
pointed out 4,488 cases were filed in the fiscal year 1995-96 with net revenues of $214,000. He stated an 89%
collection rate for the past fiscal year was an excellent rate for the Court.
AGENDA ITEM #12 - PRESENTATION BY WALT FRANKLIN OF THE COMMUNITY CENTER
ACTION COMMITTEE'S RECOMMENDATIONS AND PROPOSED SOLUTIONS REGARDING THE
CONSTRUCTION OF A NEW COMMUNITY CENTER. RECOMMENDATIONS INCLUDE FACILITY
COMPONENTS/FUNCTIONS, FUNDING METHODS, CONSTRUCTION TIME LINE AND
OPERATIONAL BUDGETS.
Mr. Franklin stated the 16-member Committee had divided into three task forces, the project and construction
scheduling group,the financial planning group and the facilities recommendations group. Ray Baldwin,the chairman
of the scheduling group, estimated the opening date of the new community center to be December 31, 1999. He
reviewed an overhead display which depicted an estimated schedule for selection of an architect, and schedules for
designs, bids and construction periods. Mayor Miles asked about the time line for committment of funds. Mr.
Baldwin stated at the time the architect would be selected, 10% of the funds needed to be secured and when
construction begins, 100% of the funds were needed to be in place. Roy Porterfield, chairman of the financial
planning group, stated the preliminary estimate for total costs for the civic center would be between $4.5 and $6
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million. He said a 50,000 square foot building was planned and presented a current plan for funding including funds
on hand as well as projected revenue sources from local organizations, private businesses and sales tax
tklarr appropriations. Mr.Franklin presented information regarding visits to facilities such as senior centers and recreation
centers in the valley. Also included in his report was a breakdown of current activities of the community center as
well as facility recommendations describing various needs and desires for the proposed civic center.
Vice Mayor Lawrence offered the gratitude of the Council for the Committee's planning efforts. Councilman
O'Brien asked for information regarding bonding capacity of the Town. Mr. Nordin offered to give a report at the
next Council meeting in August.
AGENDA ITEM #13 - PRESENTATION BY PAUL NORDIN ON THE CHARTER CITY FORM OF
GOVERNMENT AND HOW IT COMPARES TO GENERAL LAW CITIES AND TOWNS, INCLUDING
POSSIBLE DIRECTION FROM THE COUNCIL.
Mr. Nordin reviewed the authority powers of both general law cities and towns and charter cities. He stated Arizona
had 43 towns, 24 cities and 19 charter cities. He suggested one election could result in changing the town to a
general law city, changing the town from a general law city to a charter city and an additional item on the ballot to
elect 14 freeholders to draft a charter within 90 days. The Council would review the proposed charter which could
then be submitted to electors for approval at an additional election held within 30 days of the finalization of the
charter. He reviewed the pros and cons relating to governmental authority of charter cities. He suggested a study
committee be established and a date be set for the study committee to report back to the Council.
Vice Mayor Lawrence asked if there would be any advantage for the Town of Fountain Hills to become a general
law city. Mr. Nordin said the change would be minimal and that revenue sharing monies would not be affected.
Vice Mayor Lawrence stated he was not interested in pursuing a charter city status because he was concerned about
the disadvantages of becoming a charter city.
Councilman Mower MOVED to form a seven-member study committee to consist of three council members and
four members selected from the public to present a report in October. Councilwoman Wiggishoff
SECONDED the motion.
Mary Pilarinos said meetings had already been conducted regarding a charter city. Mr.Nordin said he thought Mrs.
Pilarinos was referring to discussions currently being held regarding a county-wide charter.
The motion CARRIED with a 6-1 vote. Vice Mayor Lawrence cast the nay vote.
Vice Mayor Lawrence MOVED to appoint Councilwoman Wiggishoff, Councilman O'Brien and Apps who had
volunteered to serve on the study committee. Councilman Mower SECONDED the motion which CARRIED
unanimously. Mr. Nordin said the committee would report to the Council et-the-gir-st-meetingin October.
AGENDA ITEM#14 - CONSIDERATION OF APPOINTING A COUNCIL REPRESENTATIVE TO THE
MAYOR'S COUNCIL FOR ECONOMIC GROWTH.
Mayor Miles said the membership of the Mayor's Council for Economic Growth consisted of the Mayor, Town
Manager, a council member, two representatives from MCO, the president and executive director of the Chamber
of Commerce and three members from the public. He nominated Councilwoman Wiggishoff to serve as the council
liaison. Councilmember Poma nominated Councilman Apps who declined. Councilman Mower MOVED to approve
the appointment of Councilwoman Wiggishoff as the council liaison to the Mayor's Council for Economic Growth.
Vice Mayor Lawrence SECONDED the motion which CARRIED unanimously.
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AGENDA ITEM#15-CONSIDERATION OF THE SELECTION PROCESS FOR THE TOWN ATTORNEY
AND THE MANNER LEGAL SERVICES ARE PROVIDED TO THE TOWN.
(1111110, Mr. Nordin explained there were three options the Council could consider regarding the position of the Town
Attorney. He said the Council could continue to retain the services of the current legal staff, could submit a request
for performance bid or could explore the feasibility of in-house legal services. Councilman O'Brien, who last year
had served on an interview committee for the selection of the prosecutor, said he opposed the interruption of such
a new contract. He further stated he disagreed that the Town needed in-house legal counsel and said he had been
satisfied with the performance of the present counsel but stated he did not object to the bidding process. Mayor
Miles said he was concerned about having in-house legal counsel as expertise in litigation matters and providing
councilmembers with information relative to municipal law and zoning issues. He felt possibly two attorneys were
needed. Vice Mayor Lawrence said he didn't think the Town was ready for in-house services and stipulated he was
also satisfied with the present service. Vice Mayor Lawrence MOVED to retain the current Town Attorney,William
Farrell, as the Town Attorney and freeze the salary at the current rate of $90,000 annually. Councilman Poma
SECONDED the motion. Councilwoman Wiggishoff said she had been satisfied with the present Town Attorney's
services. She pointed out a RFP had been requested for the prosecutor last year for four of the past five years but
no comparisons had ever been requested regarding Town Attorney services . She stated it was
the Town's fiscal responsibility to go into the marketplace via an RFP. Councilman Mower said the Town shouldn't
get too complacent and it was in the best interests of the town to request bids for proposals pew. A vote
on the motion FAILED with a 4-3 vote. Councilmen Mower,O'Brien,Councilwoman Wiggishoff and Mayor Miles
cast the nay votes.
Councilwoman Wiggishoff MOVED to proceed with a request for proposal pew for legal services of the
Town Attorney position. Councilman Mower SECONDED the motion which CARRIED with a 4-3 vote. Vice
Mayor Lawrence and Councilmen Poma and Apps cast the nay votes.
AGENDA ITEM#16-CONSIDERATION OF THE FORMATION OF A FOUNTAIN HILLS COMMUNITY
RELATIONS COMMITTEE TO PROVIDE THE TOWN COUNCIL AND OTHERS WITH
OPPORTUNITIES TO RECOGNIZE LOCAL RESIDENTS INCLUDING BUT NOT LIMITED TO
SIGNIFICANT ANNIVERSARIES, BIRTHDAYS OR EVENTS; RECOGNITION DAYS OR WEEKS;
ORGANIZATION AWARDS; "CITY" AWARDS SUCH AS THE ALL AMERICAN CITY PROGRAM.
Councilwoman Wiggishoff MOVED to approve the formation of a committee of seven members for a Fountain Hills
Community Relations Committee. Councilman Poma SECONDED the motion. Councilman O'Brien stated he had
reservations about such a committee because he was concerned all citizens might not be included. He further stated
he thought the expense of such a committee was not budgeted and that this matter was not a proper role for
government. The motion CARRIED with a 6-1 vote. Councilman O'Brien cast the nay vote.
AGENDA ITEM #17 - CONSIDERATION OF AWARDING THE BID FOR GOLDEN EAGLE PARK -
ANNUAL MOWING CONTRACT. BID #GEP96-007.
Town Manager Nordin stated two bids had been received. One from the current contractor,E/G Management in the
amount of$11,000 and another from The Groundskeeper in the amount of$44,700. Parks & Recreation Director
Robin Goodman stated the high bidder had apparently made mistakes in the bidding and that the lower bid was in
order. She stated only two bids had been received last year for landscaping as well as mowing and that she was
satisfied with the past year's performance of E/G Management. Vice Mayor Lawrence said the school system should
become involved in a cooperative effort towards maintenance of the park. Director Goodman said E/G Management
was the contractor for the school district and their contract price was relatively the same as was bid to the Town.
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Councilman Poma MOVED to award the mowing contract bid of E/G Management in the amount of $11,000.
Councilman O'Brien SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #18 - CONSIDERATION OF TAKING FROM THE TABLE "THE DECISION
REGARDING A LONG-TERM RECOGNITION FOR FURTHER DISCUSSION" WHICH WAS TABLED
AT THE JUNE 20, 1996 COUNCIL MEETING. THE MOTION REFERRED TO THE COMMITTEE
RECOMMENDATION FOR LONG TERM RECOGNITION OF FORMER MAYOR JOHN CUTILLO.
Councilman Mower MOVED to take from the table the discussion regarding a long-term recognition for Mayor John
Cutillo. Councilman Poma SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #19 - CONSIDERATION OF THE COMMITTEE RECOMMENDATION FOR LONG-
TERM RECOGNITION OF FORMER MAYOR JOHN CUTILLO.
Councilman Mower read a resolution he proposed which provided for up to a$15,000 expenditure for the creation
of a bust in the likeness of John Cutillo to be exhibited in the courtyard of the existing town hall complex with an
appropriate recognition plaque. He MOVED to approve the resolution. Councilwoman Wiggishoff SECONDED
the motion.
Vice Mayor Lawrence, chairman of the recognition committee, said he was disappointed that the Council appointed
a committee and the committee's first recommendation wasn't heard, but tabled. He stated the committee, in the
spirit of compromise even though they felt the first recommendation was appropriate, proposed an alternate
recommendation which was included in the Council packet. He said he felt the newly proposed resolution was
disrespectful to the committee who had operated in good faith whereas the Council had asked them for a
recommendation and that not even the courtesy of allowing the recommendation to be presented before the public
had been given. Councilman Apps agreed that the committee should have been allowed to present their
recommendation before the public and that he supported the committee's second recommendation. Councilman
Mower said he meant no disrespect to the committee but felt that the committee had not presented a significantly
different recommendation and that they had not recognized the feelings of the Council. Councilman O'Brien, a
member of the committee, said he would not support the proposed resolution because it had nothing to do with the
recommendation that was presented by the committee. He said the Committee had met on several occasions in an
effort to make the recommendation more flexible. He said one of Mayor Cutillo's major contributions was
promoting the movement of the civic center development. Councilwoman Wiggishoff approved of the resolution
as an appropriate way to recognize the first mayor. She stated she thought the second recommendation was very
similar to the first one and did not feel flexibility had taken place. She said she preferred dedications in the
downtown center be reserved for potential future financial donors and expressed her concern that the Town might
be foregoing a major fundraising opportunity. She further stated past traditions had precluded citizens from receiving
their namesakes in street names or park names. Councilman Mower expressed his concern whether this was the
beginning of the recognition process for the past three councilmembers as well and that the action recommended by
the committee might set a precedent.
Councilman Apps stated the committee should have been acknowledged and given their opportunity to present their
recommendation. Vice Mayor Lawrence explained that the committee had tried to respond to previous council input
and that the naming of the grounds was a substantial concession to the original recommendation. He pointed out
that only the grounds, not any building, would be named for Mr. Cutillo which would not preclude future donors
from getting their recognition. He applauded Mr. Cutillo's history as the incorporation chairman, the first mayor
of the Town and said he believed the I3-acre footprint being named Cutillo Plaza was a proper symbolism relative
to the groundwork or foundation of the Town.
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A roll call vote was taken on the motion which FAILED with a 3-4 vote. Councilmen Poma, Apps, O'Brien and
Vice Mayor Lawrence cast the nay votes.
Vice Mayor Lawrence MOVED to accept the committee recommendation the 13-acre footprint for the civic center
complex be designated as "Cutillo Plaza" along with appropriate identification and to recommend this action be
implemented by a future council when the property was owned by the Town. Councilman O'Brien SECONDED
the motion. A roll call vote was taken on the motion which CARRIED with a 4-3 vote. Mayor Miles, Councilman
Mower and Councilwoman Wiggishoff cast the nay votes.
AGENDA ITEM #20 - CONSIDERATION OF RESOLUTION 1996-53, REQUESTING THE STATE
LEGISLATURE TO PUT ASIDE THEIR DIFFERENCES SUPPORTING ADDITIONAL SCHOOL
REFINANCING.
Councilman Poma supported the resolution and MOVED to approve Resolution 1996-53 as presented. Councilman
Apps SECONDED the motion.
Mary Pilarinos expressed her appreciation to the Council for the resolution. Councilwoman Wiggishoff urged
residents to call state representatives and ask them to support legislation supporting school refinancing efforts.
Councilman Poma said he hoped press releases and public participation would occur. Mr. Nordin offered to send
a copy to all Arizona cities and towns as well as state legislature representatives.
The motion CARRIED unanimously.
AGENDA ITEM#21-CONSIDERATION OF SETTING A DATE FOR A STUDY SESSION TO CONSIDER
THE PLANNING AND ZONING COMMISSION'S DRAFT OF THE REVISED SUBDIVISION
�r ORDINANCE.
Town Manager Nordin recommended the Council set Tuesday, July 30, 1996 as the date for a study session for the
Subdivision Ordinance revision. Councilman O'Brien MOVED to set July 30, 1996 for a study session.
Councilman Apps SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #22 - CONSIDERATION OF THE TOWN COUNCIL INITIATING THE PROCESS TO
AMEND THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 11 MULTI-
FAMILY ZONING DISTRICTS, SECTION 11.10, TO LIMIT THE MAXIMUM BUILDING HEIGHT IN
THE M-1, M-2, M-3, R-3, R-4, AND R-5 ZONING DISTRICTS FROM 40 FEET TO 30 FEET.
Town Manager Nordin clarified the process to adopt an amendment regulating building height restrictions. He said
the Planning & Zoning Commission, at its last meeting, had opted not to initiate the process, therefore it came to
the Council. He stated there was a time limit of 60 days for the Planning & Zoning Commission to make a
recommendation to the Council. Public hearings would be held both at the P&Z meetings as well as Council
meetings.
Councilman Mower MOVED to initiate the process to amend the Zoning Ordinance regarding limitations of
maximum building height restrictions. Councilman Apps SECONDED the motion.
Margaret Gelinas, a member of the Planning & Zoning Commission, said the commissioners were concerned about
Minutes of the Regular Session of the Town Council 07/11/96
Page 6 of 11
the notification to all property owners in multi-family zoned districts through the mail rather than just a public notice
in the local newspaper. Town Attorney Bill Farrell pointed out the Town did not have computer records specifying
ownership of parcels by zoning districts. Vice Mayor Lawrence asked how many property owners would be affected
by this action. Councilman O'Brien asked how long it would take to compile a list of property owners.
Mrs. Gelinas stated she thought the Building/Safety desk had addresses of property owners by parcel number and
staff could put together a list. Dana Saar, also a member of the Planning & Zoning Commission, stated once the
Council decided to initiate the process, the 60-day timeframe started. He was concerned about individuals receiving
the notice having sufficient time to notify other owners of the revision. He urged the Council not to begin the
initiation at this time.
Councilman O'Brien MOVED to table the initiation of the process concerning this matter until the Town staff could
determine when they were ready to send notices to property owners. Vice Mayor Lawrence SECONDED the motion
which CARRIED unanimously.
AGENDA ITEM #23 - CONSIDERATION OF A FILL WAIVER TO PERMIT UP TO 45 FEET OF FILL
AT THE NORTHEAST CORNER OF PALISADES BOULEVARD AND SHEA BOULEVARD FOR THE
PROPOSED EXTENSIVE LANDSCAPE IMPROVEMENTS.
Greg Bielli,Vice President for MCO Properties,referred to a map identifying the northeast corner dropoff area where
a water feature would be constructed. He estimated 25,000-30,000 cubic feet of fill would be needed and would take
approximately two weeks to complete. He indicated desert landscaping would could be installed along with a
pathway system.
Councilman Mower pointed out the area in question was 100' along Shea Boulevard and 210' along Palisades with
a lateral depth of 60' which represented a signficant change in the topography. He was concerned about destruction
of existing desert vegetation by the fill process. Councilman Apps referred to the improvements as an answer to a
safety factor for that area.
Mr. Bielli stated there already was a large amount of fill in the area because of the road construction and offered
to remove the water feature and omit the request for the waiver for additional fill. He pointed the estimated total
cost for the proposed landscape plan by MCO Properties would be in excess of$450,000 which included both sides
of the road with $300,000 of that amount being spent for the improvements on the northeast corner.
Councilwoman Wiggishoff stated she opposed the concept of the water feature because of the fact it would fiat use
potable water and the costs for maintenance. She expressed her desire to have the area redesigned and scaled back.
Vice Mayor Lawrence stated he thought the Council should approve the waiver viewing the amount of money being
expended for the landscaping work by MCO; otherwise, the money would need to come from the Town. He
reminded the Council of the maintenance agreement for a five year period that MCO had agreed to previously. Vice
Mayor Lawrence MOVED to approve the request for a fill waiver. Councilman Poma SECONDED the motion.
Robert Barbanica commented, as a member of the Committee to Preserve the Environment, he was concerned about
permitting the waiver for fill in the wash area.
Mr. Bielli offered to scale back the landscaping plan and eliminate some of the sidewalks. Dana Saar said he was
concerned about having sidewalks as a safety issue for pedestrian access across Shea Boulevard. He also mentioned
extra footage on both sides of the road would allow emergency vehicle access.
Councilman O'Brien MOVED to table the discussion and requested more information from staff. Councilwoman
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Wiggishoff SECONDED the motion which CARRIED with a 5-2 roll call vote. Councilmen Poma and Vice Mayor
Lawrence cast the nay votes.
AGENDA ITEM #24 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON A PROPOSAL TO
REZONE 4.391t ACRES OF LAND WITHIN AND ADJACENT TO THE PROPOSED PARCEL "D-
SOUTH"SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE "R1-6A" TO THE
"OSR" ZONING DISTRICT, SO THAT ONLY THE NON-LOTTED TRACTS OF LAND WITHIN AND
ADJACENT TO THE PROPOSED FINAL PLAT FOR THE SUNRIDGE CANYON PARCEL "D-SOUTH"
SUBDIVISION WILL BE LOCATED WITHIN THE "OSR" ZONING DISTRICT,CASE NUMBER Z96-13.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:16 p.m. Planner
Jeff Valder stated this rezone issue would zone the unlotted parcels in Parcel "D-South" to OSR, Open Space
Recreational, as had been approved in other parcels in Sunridge Canyon. Ray Baldwin, Sunridge Canyon, said this
matter was a continuation of clean-up zoning and the ninth plat to be approved. To date he reported that 25 acres
to date had been rezoned back to OSR since the original development was approved.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 9:20 p.m.
AGENDA ITEM#25 - CONSIDERATION OF ORDINANCE 96-27, REZONING 4.931±ACRES OF LAND
WITHIN AND ADJACENT TO THE PROPOSED PARCEL "D-SOUTH" SUBDIVISION OF THE
SUNRIDGE CANYON DEVELOPMENT FROM THE "R1-6A" TO THE "OSR" ZONING DISTRICT,SO
THAT ONLY THE NON-LOTTED TRACTS OF LAND WITHIN AND ADJACENT TO THE PROPOSED
FINAL PLAT FOR THE SUNRIDGE CANYON PARCEL "D-SOUTH" SUBDIVISION WILL BE
LOCATED WITHIN THE "OSR" ZONING DISTRICT, CASE NUMBER Z96-13.
Lir Vice Mayor Lawrence MOVED to approve Ordinance 96-27, Case Number Z96-13, as presented. Councilman
Mower SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#26-CONSIDERATION OF THE FINAL PLAT OF SUNRIDGE CANYON PARCEL "D-
SOUTH", AN 12.348 ACRE, 22-LOT SUBDIVISION LOCATED WEST OF GOLDEN EAGLE
BOULEVARD AND NORTH OF DESERT CANYON DRIVE, CASE NUMBER S96-003.
Mr. Valder stated this was the Final Plat approval of the entire area of Parcel D-South. He said a pocket park had
been planned for this parcel but at this time staff recommended eliminating the stipulations (8 &9) which required
a pocket park. He indicated a pocket park would become part of another parcel north of Parcel D-South.
Councilman Poma MOVED to approve the Final Plat with all stipulations from the staff report except Stipulations
8 & 9. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously.
Mayor Miles indicated he preferred discussion on Agenda Item #28 before acting on Agenda Item#27.
AGENDA ITEM #28 - CONSIDERATION OF RESOLUTION 1996-54, INSTRUCTING THE
ENGINEERING DEPARTMENT TO IDENTIFY AND LIST ALL UNNEEDED EASEMENTS AND
PREPARE PROPOSALS, WITH UTILITY CONCURRENCE, FOR MASS ABANDONMENTS;
INCREASING THE 1996-97 ENGINEERING BUDGET BY $15,000 TO PAY FOR THE
AFOREMENTIONED WORK; AND INCREASING, BY THE SUM OF $15, ALL BUILDING PERMITS
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ISSUED BY THE TOWN UNTIL THE TOTAL COST OF SAID WORK IS RECOVERED.
Town Manager Nordin explained the resolution provided a$15,000 increase to the Engineering Department budget
for completion of a mass utility abandonment process as well as a surcharge of $15.00 per building permit. He
suggested a change to the resolution relative to the language referring to the increase in building permits. He stated
the word "increase" should be changed to the word "surcharge". This surcharge would be collected until such time
as the $15,000 appropriation would be collected. He said the elimination of numerous abandonments from the
Consent Agenda each meeting would help to decrease a substantial amount of staff reports. Councilman O'Brien
MOVED to approve Resolution 1996-54. Councilwoman Wiggishoff SECONDED the motion. Councilman
O'Brien then AMENDED the motion to delete the $15.00 surcharge and appropriate the money from the Town
funds. Councilwoman Wiggishoff SECONDED the amendment.
Margaret Gelinas, a member of the Licensed Contractors Association, thanked the Council for the consideration in
removing the surcharge from the building permit fees.
The amendment to the motion CARRIED unanimously. A vote on the motion to approve Resolution 96-54
CARRIED unanimously.
AGENDA ITEM #27 - CONTINUED REVIEW AND CONSIDERATION OF THE PROPOSED BUDGET
FOR THE TOWN OF FOUNTAIN HILLS FOR THE 96/97 FISCAL YEAR. ALL ASPECTS OF
REVENUES AND EXPENDITURES CAN BE DISCUSSED AND CONSIDERED.
Councilman O'Brien MOVED to delete the $1,800 appropriation in the Administration budget for outdoor tables
and ashtrays. Councilman Apps SECONDED the motion. Vice Mayor Lawrence said he didn't agree with the
deletion and that the existing tables were used for many purposes by employees and visitors to Town Hall. Town
Clerk Cassie Hansen stated the appropriation provided for two tables with two benches and two ashtrays to replace
the existing tables owned by MCO. She said complaints from visitors in the Town Hall lobby had resulted in plans
for the ashtrays to be moved away from the Town Hall building. The motion FAILED with a 5-2 vote. Councilman
O'Brien and Mower cast the aye votes.
Councilman Mower MOVED to eliminate the salary increase for the Town Attorney position. The annual salary
would remain at $90,000. Councilman Poma SECONDED the motion. Mr. Nordin clarified that this issue could
be discussed in the future and the monies could be appropriated from unencumbered funds. The motion CARRIED
unanimously.
Discussion was held regarding the proposed software purchase for the Parks & Recreation Department. Peter
Putterman, the Town Hall's computer specialist, stated cheaper versions of the software were available but the time
to program these versions would not be cost effective. Brian Hughes, Recreation Coordinator for the P&R
Department,stated this software would eliminate handwritten schedules and create a more efficient system that could
be used from year to year. Mr.Putterman estimated the programming aspect could take up to two years to complete.
There was no motion to delete the software purchase budget item.
Councilman O'Brien MOVED to reduce the budget appropriation for contract services concerning Fountain Park
management contract from $350,000 to $225,000. Councilwoman Wiggishoff SECONDED the motion which
CARRIED unanimously.
Councilman O'Brien MOVED to include $50,000 in the Parks & Recreation Department's budget for the paving
of the Kiwanis Building parking lot. Vice Mayor Lawrence SECONDED the motion. Councilman O'Brien
reminded the Council of a previous discussion regarding this matter which indicated the paving of the parking lot
would allow for an adequate number of parking spaces according to the Zoning Ordinance. Mr. Nordin suggested
Minutes of the Regular Session of the Town Council 07/11/96
Page 9 of 11
the Council could either direct staff not to spend any money until a report was presented or to revisit this matter at
mid-year. Mayor Miles said he was concerned that the terms of the contract with the Sunset Kiwanis should be
clarified and the decision regarding the creation of a Kiwanis Park should be made.
Vice Mayor Lawrence stated the staff report estimated $30,000 as a more appropriate amount for the paving of the
parking lot. Vice Mayor Lawrence AMENDED the motion to reduce the amount from $50,000 to $30.000 in the
budget for the paving of the parking lot. Councilman O'Brien SECONDED the motion which CARRIED
unanimously.
Mayor Miles pointed out that this matter had never been part of staff's recommendation for the budget. Joyce
Szeliga addressed the Council relative to paving the parking lot to meet building and zoning code requirements. The
motion FAILED with a 5-2 vote. Vice Mayor Lawrence and Councilman O'Brien cast the aye votes.
Councilman O'Brien MOVED to revise the Engineering Department budget with an appropriation of$20,700 for
the purchase of a scaled-down 4-wheel drive vehicle rather than the $17,000 appropriation for a 2-wheel vehicle.
Councilman Apps SECONDED the motion. Councilman Apps was concerned about the warranty of a scaled-down
four-wheel drive vehicle as well as damage to desert vegetation by the wheelbase. Town Engineer Randy Harrel
pointed out the addition to the base bid to include a suspension option in the amount of$889.00 for upgrades. The
motion CARRIED with a 5-2 vote. Vice Mayor Lawrence and Councilman Apps cast the nay votes.
The inclusion of an appropriation in the amount of$15,000 for the mass abandonment process would be included
in the Engineering Budget per the previously discussed and adoption by the Council.
AGENDA ITEM#29-CONSIDERATION OF THE ADOPTION OF THE TENTATIVE BUDGET FOR THE
FISCAL YEAR 1996/97 WITH APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENT IN
ACCORDANCE WITH STATE LAW.
Vice Mayor Lawrence MOVED to approve the tentative budget with the amendments. Councilwoman Wiggishoff
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #30 - CALL TO THE PUBLIC.
No one came forward from the public.
AGENDA ITEM #31 - ADJOURNMENT.
Councilman O'Brien MOVED to adjourn the meeting. Councilman Apps SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 10:25 p.m.
Minutes of the Regular Session of the Town Council 07/11/96
Page 10 of 11
TOWN OF FOUNTAIN HILLS
By:
Jerry, iles,.Mayor
Cassie B. Hansen, Town Clerk
PREPARED BY:
Linda D. Lemme , 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 11th day of July, 1996. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 1st day of August, 1996.
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 07/11/96
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