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Home My WebLink About1998.0618.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 18, 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 18, 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 Don Schrage of the Trinity Lutheran Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan and Councilmembers John Wyman, Sharon Hutcheson, Sid Apps (6:32), Marianne Wiggishoff, and Penfield Mower. Vice Mayor Poma was absent. 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 Planner Jeff Valder. Mayor Morgan read the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 4TH, 1998. AGENDA ITEM #2 -- CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE REQUEST SUBMITTED BY SHARON MORGAN, FOUNTAIN HILLS CHAMBER OF COMMERCE, FOR THE SUMMER SIZZLER TO BE HELD ON SATURDAY,JULY 11, 1998,FROM 6:00 P.M.TO 10:30 P.M. THE EVENT WILL BE HELD AT CLUB MIRAGE LOCATED AT 14815 N.FOUNTAIN HILLS BOULEVARD. AGENDA ITEM #3 - CONSIDERATION OF THE EXTENSION OF PREMISES/PATIO PERMIT SUBMITTED BY ROSEMARY BARRINGER FOR THE SILVER STEIN LOCATED AT 17030 ENTERPRISE DRIVE. THE PERMIT WOULD TEMPORARILY EXTEND THE STEIN'S LIQUOR LICENSE TO A FENCED IN PATIO AREA FOR ONE DAY,JUNE 27,1998. AGENDA ITEM #4 - CONSIDERATION OF THE COOPERATIVE STATE PURCHASE AGREEMENT WITH THE STATE OF ARIZONA PERMITTING, PURSUANT TO A.R.S. 41-2641 ET SEQ., AND A.A.C.R2-7-1001 ET SEQ.,THE TOWN TO PURCHASE MATERIALS AND SERVICES FROM VENDORS AT THE PRICES AND TERMS CONTAINED IN CONTRACTS BETWEEN THE STATE AND THESE VENDORS. AGENDA ITEM #5 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR THE 1998 SUMMER YOUTH EMPLOYMENT PROGRAM. AGENDA ITEM#6 - CONSIDERATION OF AWARDING THE BID FOR JOINT FUEL PURCHASE FOR THE TOWN OF FOUNTAIN HILLS, THE FOUNTAIN HILLS SCHOOL DISTRICT, THE FOUNTAIN HILLS FIRE DISTRICT AND THE FOUNTAIN HILLS SANITARY DISTRICT FOR FISCAL YEAR 1998- 99. Councilman Mower MOVED to approve the Consent Agenda as read. Councilman Wyman SECONDED the L. motion. A roll call vote was taken with the following results: Town Council Regular Session 6/18/98 Page 1 of 5 Councilwoman Wiggishoff Aye Councilman Apps Aye Councilman Wyman Aye Councilman Mower Aye Councilwoman Hutcheson Aye Mayor Morgan Aye The motion CARRIED. AGENDA ITEM#7 - MONTHLY REPORT by Magistrate Stuart Shoob. Judge Shoob stated that activities in the court during the month of May had increased. He said 406 cases had been filed and 386 cases had been terminated. He said the court was experiencing a significant increase in the workload during the month of June. AGENDA ITEM #8 - CONSIDERATION OF THE FY '98-99 BUDGET REQUEST SUBMITTED BY THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION. Mr. Nordin asked the Council to table this matter until the next Council meeting to enable the chairman of the Commission, Roy Kinsey, an opportunity to present his request. Mayor Morgan said this matter would be discussed at the July 2nd Council meeting. AGENDA ITEM #9 - CONSIDERATION OF RE-ESTABLISHING THE LAW ENFORCEMENT SUB- COMMITTEE. Councilman Apps said he was concerned about the public's ability to participate in the quarterly informational meetings between the Town manager, the Mayor, the Division Manager from MCSO and the Marshal. He asked if it was possible to establish a definite time for these meetings to allow time for notifying the public. Town Attorney Bill Farrell advised the Council that if a member of the Council was directed to be a member of a sub-committee, the open meeting laws would be applicable. However, the requirement for a quarterly meeting was included under the law enforcement contract rather than occurring under a Council-directed sub-committee and the results were not reportable back to the Council. Mr. Farrell stated the Council could create a public meeting and post the agenda for notification to the public on law enforcement related issues. He suggested a portion of any meeting be closed for exclusive discussions regarding staffing, procedures or personnel related issues. Councilwoman Wiggishoff and Councilman Mower both stated the law enforcement contract mandated the quarterly meetings and saw no benefit in including the public in a meeting that would ultimately be closed as there were other methods for the public to participate. Councilwoman Hutcheson suggested a public forum concerning law enforcement concerns be agendized for a regular Council meeting. Councilman Apps said he thought it would be more beneficial to the public to be able to attend a quarterly meeting to resolve their law enforcement problems rather than a Council meeting. After some discussion, it was suggested that a meeting be scheduled for the first Council meeting in the second month of every quarter and that this meeting would be separate from the quarterly meeting. Mr. Nordin stated notice of this meeting would be included as part of the agenda and posted as required. Councilwoman Wiggishoff suggested articles in the Town's newsletter could assist in additional notice to the public as well as newspaper articles. Town Council Regular Session 6/18/98 Page 2 of 5 AGENDA ITEM #10 - CONSIDERATION OF APPROVING A CONTRACT WITH E GROUP FOR SURVEY AND AERIAL MAPPING OF A SITE LOCATED BETWEEN TOWER DRIVE,EL PUEBLO AND TIOGA STREETS,ALSO KNOWN AS PLAT 302. Town Engineer Randy Harrel reviewed the development plans for the 302 Park. He said the time constraints were very strict on this project with a November 1st deadline for the effluent disposal field portion. He said the contract would set ground control for aerial mapping, underground utilities and a contour map for planning grades for this parcel. Mr. Harrel said the $7,700 proposal from E Group was reasonable and recommended approval. Councilwoman Wiggishoff MOVED to approve the contract with E Group in the amount of$7,700. Councilman Mower SECONDED the motion. Mr. Harrel confirmed that the surveying and aerial mapping of Plat 302 would need to be performed regardless of the usage of that site. Councilman Mower clarified that funds were included in the next fiscal year's budget for this purpose. The motion CARRIED unanimously. AGENDA ITEM #11 - CONSIDERATION OF APPROVING A CONTRACT FOR CACTUS AND TREE SALVAGE AT THE PLAT 302 LOCATION. Tom Ward, Senior Engineering Inspector, stated solicited proposals from two major landscape contractors, Agave and Desierto Verde,had been received in an effort to salvage and relocate cactus and trees from the entire Plat 302 site. He said a proposal comparison had been drafted using average quantities of the contractors' unit prices and displayed the results to the Council on an overhead. He said Agave's price was $68,160 and Desierto Verde's price was $101,513. He stated $55,000 had been allotted for this project and that the project would take 6 weeks to complete. He said permission would be required from MCO since the deed to this parcel had not completely been transferred. He outlined locations for placement of the cactus and trees which included Saguaro Blvd. center medians, Saguaro Blvd. frontage road medians, Town entrance sign monument locations, Fountain Park, Golden Eagle Park, Four Peaks Neighborhood Park,Avenue of the Fountains medians and other medians and school sites. Councilman Mower MOVED to approve a contract for cactus and tree salvage at Plat 302 location. Councilwoman Hutcheson SECONDED the motion. Councilman Mower asked to have Kiwanis Park listed as one of the locations for the trees and/or cactus. Councilman Apps asked about the survival rate of saguaros when transplanted. Mr. Ward said 12 saguaros were planned to be moved and that the contractor would provide a two-year warranty. The motion CARRIED with a 5-1 vote. Councilman Apps cast the nay vote. AGENDA ITEM#12 - CONSIDERATION OF ORDINANCE 98-18 AMENDING THE OFFICIAL ZONING DISTRICT MAPS OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE THE RANCHO MONTANA SUBDIVISION FROM THE "R-4" AND "R-5" MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS TO EITHER THE "R1-6", "R1-6 PUD", "R1-6A" OR THE "R1-6A PUD" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT AND THE PUERTO DEL LAGO SUBDIVISION FROM THE "R-4" MULTI-FAMILY RESIDENTIAL ZONING DISTRICT TO EITHER THE "R1-6", "R1-6 PUP", "61-6A" OR THE "R1-6A PUD" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. Planner Jeff Valder stated this ordinance would rezone the Rancho Montana Subdivision and the Puerto Del Lago Subdivision to single family residential rather than the current multi-family designation. He said this ordinance implements the General Plan, insures the single-family usage and its enforceability, and enables the homebuilder to continue to construct single family homes using the single family setback requirements. Councilwoman Hutcheson MOVED to approve Ordinance 98-18 as presented with a zoning of R1-6A PUD. Councilman Apps SECONDED the motion, which CARRIED unanimously. L Town Council Regular Session 6/18/98 Page 3 of 5 AGENDA ITEM#13- CALL TO THE PUBLIC. Edwin Keye addressed the Council relative to the comparison of theatre capacities in other cities and towns. AGENDA ITEM#14- PURSUANT TO A.R.S. 38-431.03.A.1, A.R.S.38-431.03.A.3,A.R.S.38-431.03.A.7,AND A.R.S. 38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL,SALARIES,DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER,APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT WITH THE EXCEPTION OF SALARY DISCUSSIONS,AN OFFICER,APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN 24 HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING; (THE COUNCIL WILL BE DISCUSSING THE RATIFICATION OF THE SEVERANCE PORTION OF THE MANAGER'S CONTRACT); AND FOR DISCUSSION OR CONSIDERATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY REGARDING POSSIBLE ANNEXATION; DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION FOR THE PURCHASE OF LEASE OF REAL PROPERTY; AND DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION; RESPECTIVELY. Lir Councilman Apps MOVED to go into Executive Session. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. Mayor Morgan recessed the Regular Session at 7:23 p.m. AGENDA ITEM#15-RETURN TO REGULAR SESSION. Mayor Morgan reconvened the Regular Session at 9:05 p.m. AGENDA ITEM #16 - CONSIDERATION OF RATIFICATION OF THE SEVERANCE PROVISIONS OF THE TOWN MANAGER'S EMPLOYMENT CONTRACT. Councilwoman Wiggishoff MOVED to ratify the severance provisions of the Town Manager's employment contract. Councilman Mower SECONDED the motion, which CARRIED with a 5-1 vote. Councilman Apps cast the nay vote. AGENDA ITEM#17-ADJOURNMENT Councilwoman Wiggishoff MOVED to adjourn the meeting. Councilman Apps SECONDED the motion, which CARRIED unanimously. The meeting adjourned at 9:09 p.m. Town Council Regular Session 6/18/98 Page 4 of 5 TOWN OF FOUNTAIN HILLS By• Sharon Morgan,Mayr t ) 1 A 1'1'EST: CLIAL Cassie B. Hansen,Town Clerk PREPARED BY: Linda D. Lemmen,Executive 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 18th day of June, 1998. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of July, 1998. L Cassie B. Hansen,Town Clerk L Town Council Regular Session 6/18/98 Page 5 of 5