HomeMy WebLinkAbout1997.1204.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
DECEMBER 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, December 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 Brenden Laughlin, Ryan
Vigneux, H.P. Rollins, and Luke Pikosz, of Webelos 1 Eagle Patrol, Den 243 and the invocation
by Councilman Poma, roll call was taken. Present for roll call were the following members of
the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Marianne Wiggishoff and
Councilmembers Bill O'Brien, Don Lawrence, 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
Planners Jeff Valder and Geir Sverdrup.
Mayor Miles announced that Agenda Item#2 would be removed from the Consent Agenda for
further discussion. He then read the remainder of the Consent Agenda, which consisted of the
following agenda items:
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES
OF NOVEMBER 6TH AND 18TH, 1997.
AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1997-61, ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN
PUBLIC UTILITY EASEMENTS AT EAGLE MOUNTAIN PARCEL 7 (MASTER
PLAN TRACT C-1)AS RECORDED IN BOOK 401 OF MAPS,PAGE 18 RECORDS OF
MARICOPA COUNTY, ARIZONA. (EAGLE MOUNTAIN INVESTORS - EA97-29)
(EAGLE MOUNTAIN PARCEL 7 PLAT HAS NOT BEEN RECORDED YET).
AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1997-58, ABANDONING
THE SUNRIDGE CANYON PARCEL"N-EAST"LOT 14 SUBDIVISION.
AGENDA ITEM#5 - CONSIDERATION OF THE FINAL PLAT REPLAT FOR LOTS 12
& 13, EAGLE MOUNTAIN PARCEL 12, TO RELOCATE THE EXISTING COMMON
LOT LINE; CASE#S97-042.
AGENDA ITEM #6 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE
SUBMITTED BY THE AMERICAN LEGION FOR FRIDAY, DECEMBER 5TH, 1997,
FROM 6:30 P.M.TO MIDNIGHT AT THE CHURCH OF THE ASCENSION, LOCATED
AT 12615 FOUNTAIN HILLS BOULEVARD. THE EVENT IS FOR THE MLS
HOLIDAY DINNER AND 25% OF THE LIQUOR PROCEEDS WILL GO TO THE
AMERICAN LEGION BUILDING FUND AND SCHOLARSHIPS.
Vice Mayor Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Apps
SECONDED the motion. A roll call vote was taken with the following results:
L
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Councilman Apps Aye
Councilman Lawrence Aye
Councilman Mower Aye
Councilman Apps Aye
Councilman Poma Aye
Vice Mayor Wiggishoff Aye
Mayor Miles Aye
The motion CARRIED.
AGENDA ITEM #2 - CONSIDERATION OF THE RESOLUTION 1997-60, SETTING
THE MUNICIPAL COURT FEES; CREATING THE COURT COLLECTIONS
ENHANCEMENT FUND; AND ESTABLISHING AN EFFECTIVE DATE.
Councilman O'Brien asked for clarification of the resolution. Judge Shoob stated that recent
legislation granted powers to municipal courts to establish all court fees deemed reasonable and
proper. He stated that by setting up a separate enhancement fund, the additional 60% state
surcharge would not be applicable on fines and penalties. He suggested that in Section 4 of the
resolution the wording be changed to authorize both the Town Manager and the presiding judge
to approve expenditures from the enhancement fund, not just the judge. Councilman O'Brien
said he thought the specification of expenditures was too broad.
Vice Mayor Wiggishoff MOVED to approve Resolution 1997-60. Councilman Apps
SECONDED the motion.
Councilman O'Brien MOVED to amend the motion to delete the word "only" in Section 2.
Vice Mayor Wiggishoff SECONDED the amendment, which CARRIED with a 5-2 roll call
vote. Councilman Lawrence and Poma cast the nay votes.
Vice Mayor Wiggishoff MOVED to amend the motion to revise Section 4 to read "both the
Town Manager and the presiding judge". Councilman Poma SECONDED the amendment,
which CARRIED unanimously.
The motion to approve Resolution 1997-60 (with approved amendments) CARRIED
unanimously.
AGENDA ITEM #7 - PRESENTATION OF PLAOUES TO THE FOUNTAIN HILLS
HIGH SCHOOL GIRLS VOLLEYBALL TEAM HONORING THEIR RECENT STATE
CHAMPIONSHIP TITLE AND TO COACH ROY BURCHAM FOR HIS COACHING
AND RECENT DESIGNATION AS THE 1A-3A VOLLEYBALL COACH OF THE YEAR.
Mayor Miles presented a plaque to the Coach Burcham and nine girls from the High School
volleyball team. Mayor Miles expressed his appreciation of the recent honor the volleyball
team had brought into the community.
AGENDA ITEM #8 - PRESENTATION BY KEVIN ROSS, MARICOPA COUNTY
ASSESSOR, REGARDING PROPOSED LEGISLATIVE CHANGES WHICH WOULD
IMPROVE THE PROCESS FOR TRANSMITTING PROPERTY INFORMATION IN A
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MORE TIMELY MANNER TO THE ASSESSOR'S OFFICE AND IMPROVE THE
cow EQUITY OF THE ASSESSMENT OF PROPERTY VALUE WITHIN MARICOPA
COUNTY.
Kevin Ross, Maricopa County Assessor, addressed the Council and told them how the
Assessor's Office had installed a new technology system along with uniform procedures and
office forms in an attempt to keep real estate valuations current. He stated that at the present
time 95% of all submitted building permits and documents representing changes in valuations
were processed electronically which could raise up to $50 million in additional tax revenue.
Because of this new technology, the valuation of new construction, both residential and
commercial, could be entered into the computer system and the valuation taxed immediately
under a fair and equitable system.
AGENDA ITEM #9 - PRESENTATION BY KAREN OSBORNE, DIRECTOR OF
ELECTIONS, YVONNE REED, EXECUTIVE ASSISTANT TO THE COUNTY
RECORDER AND LINDA WEEDON, ASSISTANT DIRECTOR OF PRECINCT
SERVICES AND JURISDICTIONS, REGARDING THE PROCEDURAL USAGE OF
ALL MAIL BALLOT ELECTIONS.
Karen Osborne, Director of Elections, spoke to the Council about the possibility of an all-mail
ballot election for the Town of Fountain Hills. Although it had not been widely used, Ms.
Osborne promoted the system as a means to raise voter turnout. She said all the ballots are
mailed to all registered voters between 15-33 days ahead of the scheduled election day and the
Town Clerk's office would be given a daily count as to the number of ballots returned. Voters
could vote on the ballot similar to early voting procedures, signing the ballot envelope and
returning both the ballot and envelope to the County Elections Department. The votes would be
tallied daily as received but no results would be given until 8:00 p.m. on the election night.
When received, the Elections Department would compare the signature originally presented on
the voter registration application with the signature on the ballot envelope for verification and
the County would investigate discrepancies. If an elector did not want to return his ballot by
mail, a ballot box would be located at the Town Hall. She said the post office could not legally
forward ballots and that the Town could assume the cost of return postage on ballots.
Councilman Apps said he supported the all-mail ballot election process because it would result
in a greater voter turnout, which he thought, would be more representative of the entire
community. Vice Mayor Wiggishoff said she thought the importance of voting and the ritual of
actually voting on election day was significant criteria to warrant keeping the current system.
Town Clerk Cassie Hansen asked if this process would help clean up the voter registration rolls.
Ms. Osborne stated ballots returned from the post office as undeliverable was one method to
make the voter registration rolls more current.
AGENDA ITEM #10 - STATUS REPORT ON THE PROPOSED COMMUNITY
CENTER BY ARCHITECT ROB DIETZ. REVISED FLOOR PLANS AND
ELEVATIONS WILL BE PRESENTED.
41l ,. Mr. Dietz presented schematic design site plans, floor plans and elevation plans for the
Community Center project as well as a model of the building. He stated there were still many
decisions to be made about the project over the next five months. He pointed out the location of
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the project, which would use the Stewart Vista Drive access, lining up with Fountain Park and
the fountain and also be accessed at La Montana Drive. He stated a two-entrance facility would
allow visitors to look through the lobby towards the lake and the fountain. The south wing
would contain the performing arts section, gift shop, fitness center, dressing rooms, stage and
seating for up to 500 patrons. The north wing would contain the administrative offices,
conference room, daycare area, classroom areas, arts and crafts spaces, a library and a lounge.
The exterior courtyard could be glassed in for overflow banquet use. He pointed out that the
public had encouraged him to develop the plans with roundness of shapes and soft lines using a
southwest design as much as possible.
Town Manager Paul Nordin suggested the schematic design be placed on the agenda for the
December 18`h Council meeting for approval. Issues such as the height and capacity for the
performing arts center were items to be also considered. Mayor Miles asked if the auditorium
could be designed for future expansion. Mr. Dietz suggested including a balcony in the plans as
a costly measure but well worth consideration for future seating needs. Councilman Apps asked
how many additional seats a balcony would provide. Mr. Dietz answered that between 200-250
additional seats could be planned for in a balcony. He stated a 700-750 seat facility would
allow for ultimate flexibility in use for the next 20 years.
Councilman Apps promoted professional productions, said he liked the inclusion of a pit,
wanted additional seating, and asked if the purchase of a piano was planned. Mr. Dietz
specified that a lift would provide access for equipment to the orchestra pit, wheelchair access
and access from the aisle to the stage. Mayor Miles asked for a rough estimate of increasing the
seating to 700-750 either through a balcony or on the main level. Mr. Dietz stated between
$250,000-$300,000 could be appropriated for that purpose. Councilman Poma asked about the
parking accommodations. Mr. Dietz answered that parking for 500 cars was planned.
Walt Franklin spoke briefly and stated he was satisfied with the schematic plans and hoped the
Council would approve them.
Vice Mayor Wiggishoff asked if the view to the Fountain Park would be lost after development
of the areas in front of the Community Center. Mr. Dietz said that some views would be lost
but that MCO had agreed to work with view corridors and joint land planning meetings.
AGENDA ITEM #11 - DISCUSSION WITH TOM FLAAEN, DIRECTOR OF
GOVERNMENT AND COMMUNITY RELATIONS WITH COX
COMMUNICATIONS, ON THE RECENT CABLE OUTAGES IN FOUNTAIN HILLS
AND THE CONTRACTUAL PROVISIONS REGARDING SERVICE INTERRUPTION.
Mr. Flaaen, the government affairs manager for Cox Communications, introduced his two
associates, Frank Lyle and Brad Evanson. Mr. Flaaen stated that typically eight outages per
month were the average number of outages experienced by Cox Communications but that
during the last two months, the number had increased. He noted that the October 22nd outage
was a major equipment outage due to weather conditions and that most other outages were due
to contractors not pre-locating the cable lines and damaging them during excavation for sewer
and water line construction. He suggested increased communications between contractors and
the cable company was scheduled for a December 18th meeting to promote awareness of
existing problems. Mr. Flaaen stated that minimal pro-rated credits were available to residents
upon request. After reviewing some of the recent causes of outages, Mr. Flaaen noted that
contractors responsible for causing those outages were responsible for the costs of repair. Vice
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Mayor Wiggishoff stated she thought cable service to residents or compensation for the lack of
Lisv service was expected by residents.
AGENDA ITEM #12 - STATUS REPORT BY MARSHAL STEVE GENDLER ON THE
ARIZONA PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM.
Marshal Gendler reported that the Public Safety Personnel Retirement System covered eleven
employees at present. He stated the local board for the retirement system reported that current
assets were at 113% of accrued liability, which represented a financially sound retirement
system.
AGENDA ITEM #13 - CONSIDERATION OF AWARDING THE CONSTRUCTION
BID #GEP97-014 IN THE AMOUNT OF $ (BID OPENING 12/4/97) TO (TBA 12/4/97)
CONSTRUCTION COMPANY FOR GOLDEN EAGLE PARK PHASE V.
Town Attorney Bill Farrell stated three sealed bids were opened and tabulated but that contests to
the bids had been presented. He, therefore, asked the Council to consider delaying this matter for
two weeks and to ask staff to conduct an administrative hearing between the low bidder and the
second low bidder to determine whether the bid protest situation could be resolved.
Vice Mayor Wiggishoff MOVED to continue this matter for two weeks until the next Council
( meeting, December 18`h. Councilman O'Brien SECONDED the motion, which CARRIED with a
�r 6-0 vote. Councilman Lawrence abstained from voting.
AGENDA ITEM #14 - RECONSIDERATION OF RESOLUTION 1997-57
ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN
THE CERTAIN PUBLIC UTILITY EASEMENTS ALONG THE NORTHWESTERLY
AND NORTHEASTERLY PROPERTY LINES OF PLAT 513, LOT 65 (15203
CASTILLO DRIVE), AS RECORDED IN BOOK 387 OF MAPS, PAGE 30 RECORDS
OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS. (HENSLEY - EA97-
aQ
Town Manager Nordin stated Councilman Mower requested that this matter be placed back on the
agenda for further discussion. Councilman Mower MOVED to reconsider Resolution 1997-57.
Councilman Poma SECONDED the motion, which CARRIED unanimously. The matter was
brought back to the table for discussion.
Mr.Nordin displayed an overhead which located the easement relative to the owner's property. He
said the new owner of this property desired to build a swimming pool and that this recently-
approved easement was recorded as a measure to take care of an 100-year event in the wash area.
Mr. Nordin reported that Castillo Wash was not owned by the Town but was owned by the North
Height Property Owners Association and would not be subject to the restrictions approved by
voters relative to developments in town-owned washes. He said that after a more detailed study
had been completed to cover property erosion issues and prevent any damage to the wash, staff
now felt comfortable that this easement could now be abandoned.
Councilman Mower MOVED to abandon the easement under Resolution 1997-57. Councilman
Poma SECONDED the motion.
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Councilman Lawrence pointed out that the under the wash initiative, an easement was considered a
4160 Town interest and would not be subject for abandonment. Town Attorney Farrell agreed that an
easement was an interest in land but that his concern was whether an abandonment was an
alienation. He determined that the wash initiative was designed to prohibit the Town from
allowing construction on property that the Town owned in the washes.
The vote to approve Resolution 1997-57 CARRIED with a 6-1 vote. Councilman Lawrence cast
the nay vote.
AGENDA ITEM#15- CONSIDERATION OF THE FINAL PLAT FOR LOT 4,BLOCK 3,
FINAL PLAT 422, A 4 WAY LOT SPLIT LOCATED AT 16052 KINGSTREE BLVD.;
CASE#S97-048.
Planner Geir Sverdrup stated this applicant for the four-way lot split on Kingstree Boulevard
contesting the stipulation requiring him to construct a sidewalk. Mr. Sverdrup stated the
Subdivision Ordinance required the sidewalk construction but the Council could eliminate that
requirement. Mayor Miles challenged the construction of a sidewalk on Kingstree when there
was no other sidewalk on that street.
Councilman Mower MOVED to approve the final plat for Case #S97-048 with the deletion of
the sidewalk stipulation. Councilman Apps SECONDED the motion, which CARRIED
unanimously.
AGENDA ITEM #16 - CONSIDERATION OF THE SIGNAGE SUB-COMMITTEE
DIRECTIONAL SIGNAGE LEGENDS AND LOCATIONS PROPOSAL.
Town Engineer Randy Harrel referred to the legends and locations report, which included 35
signs with 77 legend panels. Councilman O'Brien said he questioned the necessity of some of
the directional signs and said he wanted to minimize the number of signs as much as possible.
Councilman Mower suggested eliminating the Southwest Inn sign because other similar
commercial ventures were not awarded directional signs. He also suggested additional signage
be included to locate the Town Hall complex. Mayor Miles said he favored signage directing
the public to the golf courses.
Councilman Lawrence MOVED to approve the signage legends and locations proposal as
presented by the Signage Committee. Councilman Apps SECONDED the motion.
Vice Mayor Wiggishoff MOVED to amend the motion to delete from Sign #1 and Sign #2,
Southwest Inn. Councilman Lawrence SECONDED the amendment, which CARRIED
unanimously.
Bruce Hansen asked why the Police Department was left out of the directional signage plan.
Vice Mayor Wiggishoff answered that as soon as a full-time location was available, signage
would be provided. Marshal Gendler stated that by summer, 1998 the Marshal's Department
would be a 24-hour facility.
Councilman Lawrence MOVED to amend the motion to include a reference to the police
department on all directional signs leading to the Town Hall complex. Councilman Poma
SECONDED the amendment, which CARRIED unanimously.
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The main motion to approve the signage plan as amended CARRIED unanimously.
AGENDA ITEM #17 - CONSIDERATION OF A MEDIAN MAINTENANCE AND
DONATION AGREEMENT WITH MCO PROPERTIES AND ACCEPTANCE OF
RIGHT-OF-WAY FOR THE AVENUE OF THE FOUNTAINS MEDIAN (PARCELS C
AND H) AND AT THE SHEA/FOUNTAIN HILLS BOULEVARD ENTRANCE.
Town Engineer Randy Harrel stated the landscape maintenance transfer from MCO Properties
covered three areas, public right of way medians (8 acres), right of way frontages (3 acres) and
five pieces of deeded property, three at Shea Boulevard at Fountain Hills Boulevard and two
medians at the Avenue of the Fountains. He said that the 208 Property Owners Association had
requested by letter that the Town assume title and maintenance responsibility for the medians at
the Avenue of the Fountains. Mr. Harrel stated his staff had inventoried all the medians and
noted deficiencies amounting to$70,000. Also a figure of$17,000 would be needed to upgrade
the electrical equipment. He said the costs to bring the medians up to 75% of the subdivision
standards would amount to $235,000. MCO Properties had stipulated in the Donation
Agreement that they would participate in the maintenance costs for the medians, similar to the
maintenance agreement concerning Fountain park, with a total payment of $212,000. He said
staff recommended approval.
Councilman O'Brien MOVED to approve the median maintenance and donation agreement as
presented. Councilman Mower SECONDED the motion for discussion.
Councilman Poma stated the electrical had not been fixed during the last 5-6 years and should
be fixed before the Town assumes ownership of the medians. Mr. Harrel pointed out the first
$25,000 payment due December 151 could be used for upgrading the electrical. Councilman
Poma asked whether the $25,000 wasn't to be used for maintenance, not repairs. Councilman
O'Brien said the equipment should be inspected prior to approving the agreement. Councilman
Poma stated he thought one of the fountains wasn't working and asked about the costs of repairs
for the fountain. Mr. Harrel answered that evaluations were being currently determined and
stated that the upgrade costs would not exceed the monies collected from MCO over the three-
year period.
Councilman Poma MOVED to table approval of this agreement until staff could report exact
upgrade and repair costs for the electrical and fountains. Councilman Lawrence SECONDED
the motion, which CARRIED with a 4-3 roll call vote. Councilman O'Brien, Apps and Mayor
Miles cast the nay votes.
AGENDA ITEM#18- CALL TO THE PUBLIC.
No one came forward to speak from the public.
L AGENDA ITEM #19 - PURSUANT TO A.R.S 38-431.03.A.3., AND A.R.S. 38-431.03.A.7,
VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION/OR
CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS
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Page 7 of 8
OF THE PUBLIC BODY; AND DISCUSSIONS/CONSULTATIONS WITH
DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO
CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING
NEGOTIATION FOR THE PURCHASE OR LEASE OF REAL PROPERTY,
RESPECTIVELY.
Councilman O'Brien MOVED to go into Executive Session. Councilman Apps SECONDED
the motion, which CARRIED unanimously. Mayor Miles recessed the Regular Session of the
Town Council at 8:54 p.m. to go into Executive Session.
AGENDA ITEM#20- RETURN TO REGULAR SESSION AND ADJOURNMENT.
Mayor Miles reconvened the Regular Session at 9:40 p.m. Councilman Poma MOVED to
adjourn the meeting. Councilman Mower SECONDED the motion, which CARRIED
unanimously. The meeting adjourned at 9:40 p.m.
TOWN OF FOUNTAIN HILLS
By:
J Mi ,Mayor
ATTEST: Cam:-- )JitA4,4_4,J
Cassie B. Hansen,Town Clerk
PREPARED BY: ,D,
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
December 1997. I further certify that the meeting was duly called and that a quorum was
present.
DATED this 18th day of December 1997.
)4.LA4
Cassie B. Hansen,Town Clerk
VoNalw
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