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HomeMy WebLinkAbout1998.0604.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 4, 1998 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M., Thursday, June 4, 1998, 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 and the invocation by Pastor Joel Bjerkestrand, of the Shepherd of the Hills Lutheran Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Marianne Wiggishoff and Councilmembers John Wyman, Sharon Hutcheson, Sid Apps, Al Poma and Penfield Mower. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Town Engineer Randy Harrel, Interim Community Development Director Andrew McGuire,and Planners Jeff Valder and Geir Sverdrup. AGENDA ITEM #1 — ADMINISTRATION OF OATH OF OFFICE TO MAYOR-ELECT MORGAN, COUNCILMAN-ELECT WYMAN, COUNCILWOMAN-ELECT WIGGISHOFF AND COUNCILWOMAN-ELECT HUTCHESON. THE OATH WILL BE ADMINISTERED BY COUNTY SUPERVISOR DON STAPLEY. Maricopa County Supervisor Don Stapley individually administered the oaths of office to Mayor Morgan and Councilpersons Wyman,Wiggishoff and Hutcheson. Agenda Item#4 was removed from the Consent Agenda for separate discussion. Mayor Morgan read the remainder of the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF MAY 21sT, 1998. AGENDA ITEM#3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY DAVID LUCHT FOR THE ASSOCIATION OF IN-LINE SKIING FOR A DOWNHILL IN-LINE SPEED SKI EVENT ON SATURDAY,JUNE 13, 1998 FROM 9:00 AM. TO 11:00 A.M. THE PURPOSE OF THE EVENT IS TO SET A NEW GUINNESS BOOK WORLD RECORD FOR DOWNHILL IN-LINE SPEED SKIING. THE EVENT WILL BE HELD ON PORTIONS OF GOLDEN EAGLE BOULEVARD BETWEEN CERRO ALTO AND ASPEN DRIVE. TRAFFIC WILL BE DELAYED FOR APPROXIMATELY 90 SECONDS AT 15- MINUTE INTERVALS DURING THE EVENT. AGENDA ITEM #5 - CONSIDERATION OF APPROVING A CONTRACT WITH IMAGE CONVERSIONS &MANAGEMENT FOR DRAWING SCANNING AND CONVERSION SERVICES. Vice Mayor Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Poma SECONDED the motion. A roll call vote was taken with the following results: L Town Council Regular Session 6/4/98 Page 1 of 4 Councilman Poma Aye Vice Mayor Wiggishoff Aye Councilman Apps Aye Councilman Wyman Aye Councilman Mower Aye Councilwoman Hutcheson Aye Mayor Morgan Aye The motion CARRIED. AGENDA ITEM #4 - CONSIDERATION OF APPROVING A CONTRACT WITH GP ENGINEERING, P.C.FOR PLAN REVIEW SERVICES. Councilman Apps asked if a bid process was needed in order to approve a contract. Town Attorney Bill Farrell clarified that professional and technical services were not required to go through the bidding process and that competitive bidding was not necessary because this contract was one of three contracts the Town used for plan review services. Interim Community Development Director Andrew McGuire stated that the individual employed by GP Engineering was well known as a structural engineering specialist and that the Town would need such a specialist with larger future projects such as the Community Center and unique building types, which require a professional contractor. In answer to questions from Councilman Poma, Town Manager Paul Nordin stated that this engineering firm would receive the same compensation as other plan reviewers, that being 65% of the building plan check review fees. Chief Building Official Patrick Davis said the grading and drainage work was performed in- house and because of that, fees could be kept at the 65% figure rather than the 75% normal rate. He stated that the individual being considered was formerly employed by BJY as a superintendent of engineering services. Councilman Apps MOVED to approve the contract with GP Engineering, P.C. for plan review services. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #6 - ROTATION OF THE POSITION OF VICE MAYOR TO AL POMA. THE VICE- MAYOR IS AN EIGHT-MONTH,ROTATING POSITION TO BE HELD BY EVERY COUNCILMEMBER. Vice Mayor Wiggishoff passed the position of Vice Mayor to Councilman Poma. AGENDA ITEM #7 - PRESENTATION/INTRODUCTION BY RISK MANAGER WALLY HUDSON ON THE ARIZONA MUNICIPAL RISK RETENTION POOL. Risk Manager Wally Hudson reviewed the history of the Municipal Risk Retention Pool, which was formed in 1987. He informed the Council about the many services of the Pool such as the Personal Assistance Line which offers free legal advice to Town staff. He indicated one of the major issues of concern was the Year 2000 computer compliance. He stated the Town's current policy excludes coverage in the event of a loss due to computer problems, but a new policy was being reviewed by the Pool which would provide liability coverage. He said the Arizona Workers' Compensation Pool was formed in 1997 with 47 initial members and now consists of 57 members and offers better claim and inspection services. Councilman Apps stated that before the Risk Pool was established the Town had received refunded dividends from former workers' compensation plans because of the lack of claims. Mr. Hudson stated that even though other insurance firms wrote workers' compensation policies, the services derived from the Risk Pool were unmatchable. Mr. Nordin stated premiums of $80,000 were currently being paid and that no additional bids for an insurance Town Council Regular Session 6/4/98 Page 2 of 4 carrier had taken place since the incorporation bids eight years ago. Councilman Apps said he was concerned that future insurance carriers should go through the bid process. Mr. Hudson told the Council not to divulge information thw given during an executive session as it could result in litigation. AGENDA ITEM #8 - PRESENTATION/OVERVIEW BY TOWN ATTORNEY BILL FARRELL ON THE OPEN MEETING LAW AND OTHER GUIDELINES GOVERNING COUNCIL ACTIONS/ACTIVITIES. Town Attorney Bill Farrell reviewed the open meeting laws and covered the basics of non-political social gatherings in relationship to establishing a illegal quorum of four members. He discussed several items the Council could address during Executive Sessions such as personnel matters, discussion of records exempted by law from public inspection, contemplated litigation, legal opinions, labor negotiations, meetings with members of tribal councils and the negotiation of leases or purchase of real property. Mr. Farrell then reviewed the open/public meeting policy and discussed the personal immunity and conflicts of interests of the Council members. Councilman Apps asked if e-mail correspondence between council members would be considered a public record if that correspondence was dispersed through the Town's computer server. Mr. Farrell stated that any e-mail communication using the Town's server or at the Town's expense constituted as a public record and copies could be requested by the public. If a personally-paid Internet provider service is used by a council person, however, he stated communications would be exempt as a public record. AGENDA ITEM #9 - ASSIGNMENT OF COUNCILMEMBERS TO VARIOUS PROJECTS FOR FY '98- 99. Mayor Morgan stated discussions regarding assignments to various projects would take place through future executive sessions. AGENDA ITEM#10 - CONSIDERATION OF A COUNCIL INITIATED AMENDMENT TO CHAPTER 5 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PERMIT OVER-HEIGHT GOLF BALL FENCES BY SPECIAL USE PERMIT. Planner Jeff Valder stated that two requests had been received by property owners relative to errant golf balls endangering occupancy of their back yards. He said the current fence height regulation of six feet was inadequate at these locations and the only option was to apply for a variance. He stated that by establishing the requirement of a special use permit for over-height golf ball fences or netting, the property owners within 300' could support or oppose the request for the permit. He said it could also give the Town Council an opportunity to require certain landscaping and other stipulations when approving the special use permit. He discussed the pre-requisites of requesting a special use permit in these instances. A resident would be required to live near a golf course or driving range and would be required to justify the need for the over-height fence. Councilwoman Wiggishoff questioned under what circumstances the Town Council would ever deny a request for a fence intended to protect against injury to someone or damage to private property. She suggested it be a use by right with specific guidelines established rather than the special use permit process. Councilman Poma said he thought other immediate options should be used. Mr. Valder suggested another option could be the approval of an over-height fence in an administrative use permit but previous problems had occurred when fences obstructed the views of others. Councilwoman Wiggishoff suggested staff rewrite a policy for over-height fences not using a special use permit. Councilwoman Hutcheson said she was concerned about establishing criteria for golf course fences without a special use permit. Councilman Poma said he opposed an administrative review because it would eliminate a public hearing whereby adjacent neighbors could speak in opposition to a proposed fence. Mr. Nordin suggested staff could prepare both types of ordinances for the Council to review. Councilman Poma MOVED to proceed with the initiation of an amendment for permitting over-height golf ball fences by a special use permit. Councilman Apps SECONDED the motion, which CARRIED with a 6-1 roll call vote. Councilman Wiggishoff cast the nay vote. Town Council Regular Session 6/4/98 Page 3 of 4 AGENDA ITEM #11 - CONSIDERATION OF PRELIMINARY AND FINAL PLAT FOR THE 2-UNIT GALLERY HOMES CONDOMINIUMS Its LOCATED AT 14054 EDGEWORTH DRIVE, AKA FINAL PLAT 104,BLOCK 5,LOT 36, CASE NUMBER S98-018. Planner Geir Sverdrup stated this 2-unit duplex was nearly completed and was requesting a condominium status. Councilwoman Wiggishoff MOVED to approve the preliminary and final plat for Gallery Homes Condominiums II as presented. Councilwoman Hutcheson SECONDED the motion, which CARRIED with a 6-1 vote. Councilman Mower cast the nay vote. AGENDA ITEM#12- CALL TO THE PUBLIC. Assistant Chief Fire Marshal Scott LaGreca reported that a duplex under construction at Cameo and Ashbrook burned to the ground today and that there had been significant concerns about damages to adjacent properties due to high winds. He urged the public,contractors, and builders to use caution during times of extreme dry conditions. Susan Cassady-Neuhart asked for additional opportunities to review the budget requests for the new year. AGENDA ITEM#13-ADJOURNMENT. Vice Mayor Poma MOVED to adjourn the meeting. Councilman Apps SECONDED the motion, which CARRIED unanimously. crof TOWN OF FOUNTAIN HILLS 1•7as By Sharon Morgan,Mayo A 11'bST: et.UJ/IALJI /L1J Cassie B. Hansen,Town Clerk PREPARED BY: 19 Linda D.Lemmen,Executive Assistant CER 11FICATION 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 June, 1998. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of June, 1998. Cassie B.Hansen,Town Clerk Town Council Regular Session 6/4/98 Page 4 of 4