HomeMy WebLinkAbout1999.0218.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 18,1999
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M.,
Thursday, February 18, 1999, 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 Ryan Corriera and Lenny Smith, Cub Scouts of Pack 243, Den#3
and the invocation by Father Tot O'Dea of the Church of the Ascension Catholic Church, roll call was taken. Present
for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan,Vice Mayor Pen
Mower and Councilmembers John Wyman, Sharon Hutcheson, Sid Apps, Marianne Wiggishoff, and Al Poma. Also
present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Town Engineer
Randy Harrel,and Director of Community Development Jeff Valder.
Agenda Item#1 was removed from the Consent Agenda. Mayor Morgan then read the Consent Agenda, which
consisted of the following agenda items:
AGENDA ITEM #2 - CONSIDERATION OF THE EXTENSION OF PREMISES/PATIO PERMIT
SUBMITTED BY ROSEMARY BARRINGER FOR THE SILVER STEIN LOCATED AT 17030
ENTERPRISE DRIVE. THE PERMIT IS FOR FRIDAY, SATURDAY AND SUNDAY, FEBRUARY 26TH,
27TH,AND 28TH DURING NORMAL BUSINESS HOURS.
AGENDA ITEM #3 - CONSIDERATION OF THE EXTENSION OF PREMISES/PATIO PERMIT
SUBMITTED BY ROSE BARRINGER FOR THE SILVER STEIN LOCATED AT 17030 ENTERPRISE
DRIVE FOR MARCH 17, 1999.
AGENDA ITEM #4 - CONSIDERATION OF CHANGING THE STREET NAME OF MORNING GLORY
LANE TO CACTUS FLOWER WAY IN SUNRIDGE PARCEL L.
AGENDA ITEM #5 - CONSIDERATION OF CHANGING THE STREET NAME OF TWILIGHT VIEW
DRIVE TO AZURE COURT IN EAGLE MOUNTAIN PARCEL 14 AND 15.
AGENDA ITEM #6 - CONSIDERATION OF APPOINTING ROBERT F. MOCK AND BILL TRASK TO
THE MC DOWELL MOUNTAIN PRESERVATION COMMISSION TO FILL TWO VACANCIES.
Councilman Poma MOVED to approve the Consent Agenda as read. Councilman Apps SECONDED the motion. A
roll call vote was taken with the following results:
Councilman Apps Aye
Councilman Wyman Aye
Vice Mayor Mower Aye
Mayor Morgan Aye
Councilman Poma Aye
Councilwoman Wiggishoff Aye
Councilwoman Hutcheson Aye
The motion CARRIED.
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Page 1 of 7
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF FEBRUARY
2ND AND 4TH, 1999.
Councilwoman Wiggishoff MOVED to approve the meeting minutes of February 2, 1999 and to table the approval of
the February 4, 1999 meeting minutes until the next Council meeting. Councilwoman Hutcheson SECONDED the
motion, which CARRIED unanimously.
AGENDA ITEM#7-MONTHLY REPORT PRESENTED BY MAGISTRATE STUART SHOOB.
Kathy Connelly-Nicola presented the monthly report of the Magistrate Court for the month of January, 1999. She
reviewed the activities of the Court and reported that a grant was being requested from the Arizona Supreme Court to
fund a full-time Court Collections Specialist I position to assist the court's collection officer for a one-year period.
After that time,the Court would seek budget approval to continue that position.
AGENDA ITEM #8 - CONSIDERATION OF THE OBJECTIONS TO THE AWARD OF THE
COTTONWOODS IMPROVEMENT DISTRICT CONSTRUCTION CONTRACT AND RESOLUTION
1999-09 REJECTING THE OBJECTIONS RELATIVE TO THE TOWN OF FOUNTAIN HILLS,
ARIZONA, COTTONWOODS IMPROVEMENT DISTRICT.
Town Manager Nordin stated that two objections had been received regarding the Cottonwoods Improvement
District and that staff recommended the rejection of the objections by approving Resolution 1999-09.
Councilwoman Wiggishoff MOVED to approve Resolution 1999-09 as presented. Councilman Wyman
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #9 - CONSIDERATION OF ACCEPTING THE RECOMMENDATION TO REJECT ALL
BIDS FOR THE COMMUNITY CENTER PROJECT AS SUBMITTED BY ARCHITECT ROB DIETZ.
Mr. Nordin informed the Council that the bids that were submitted for the Community Center project were all over the
estimated budget figure. He stated the bids ranged from$8.8 to $10 million. After meeting with representatives of the
Community Center Advisory Commission, staff and Mr. Dietz, it was recommended to reject all bids and to proceed
with making alternative recommendations to the Council in the near future. Councilman Poma MOVED to reject all
bids for the Community Center. Councilman Wyman SECONDED the motion. Councilwoman Wiggishoff expressed
regret at not getting a bid within the budgeted figure and urged all concerned to revise the Community Center project to
fit well within the budget. She suggested that the project might be constructed in phases similar to construction of the
Golden Eagle Park amenities. Councilman Poma suggested the Community Center project be scaled down so that
construction of a new Town Hall could be achieved. Councilwoman Hutcheson said she thought the Commission
would return to the Council with careful recommendations for the Council to review. The motion CARRIED
unanimously.
AGENDA ITEM #10 - DISCUSSION, WITH POSSIBLE DIRECTION TO STAFF, CONCERNING: A)
COMMUNITY CENTER CONSTRUCTION OPTIONS, AND B) ALLOWING A PUBLIC VOTE ON THE
PROJECT OR A PORTION OF THE PROJECT.
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Councilman Apps asked the Council to consider using a capital project accumulation fund for the auditorium part of the
Community Center project and allow the voters to approve spending of those funds. He said he thought it was
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important to allow citizens an opportunity to participate by voting for/against the project. Councilwoman Wiggishoff
said she thought financing options could be discussed after the Community Center Advisory Committee had completed
their review and submitted their recommendations. Vice Mayor Mower said he thought it was important to wait until
the CCAC had reviewed the project before considering the financing options. Councilwoman Hutcheson stated she
hoped mechanisms for financing the Community Center such as the combination of a municipal property corporation
and a capital project accumulation fund might be considered. Mr. Farrell stated that funds in the capital accumulation
fund would alter the budget process and would not be considered as part of budget limitation figures. Councilman
Poma stated he was in favor of allowing a public vote on the Community Center, which could be constructed in several
phases.
Tom Schuelke asked when the residents would vote on this issue, before or after the funds were accumulated. Mr.
Farrell answered that the voters would be granting the authority to set aside funds but that the publication and notice
period would not allow this issue to be placed on the May ballot. Councilwoman Wiggishoff asked what the language
would say on the ballot question. Mr.Farrell answered that the language could be something like `pursuant to Article 9,
Section 20 of the Arizona Constitution, shall the Town of Fountain Hills be allowed to accumulate in a capital projects
accumulation fund, "X"(amount)of dollars for the purpose of constructing a"Y"(purpose)'.
Vice Mayor Mower asked if the municipal property corporation would be dissolved if the public approved the capital
accumulation fund. Mr. Farrell stated the capital accumulation fund would be an alternative to set aside funds over
several years until enough money was accumulated. Councilwoman Hutcheson stated she approved of the concept of
using both the MPC and the capital improvement accumulation funds together.
AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 1999-10 ORDERING AND CALLING A
SPECIAL BOND ELECTION TO BE HELD IN AND FOR THE TOWN OF FOUNTAIN HILLS,
ARIZONA, ON MAY 18, 1999, TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE
QUESTION OF AUTHORIZING THE ISSUANCE AND SALE OF A TOTAL OF $3,700,000 PRINCIPAL
AMOUNT OF GENERAL OBLIGATION BONDS, PROJECT OF 1999, TO FINANCE A
LIBRARY/MUSEUM.
Town Clerk Cassie Hansen stated that the two resolutions calling a special bond election for May 18, 1999 were the next
step in the process and that changes in the ballot language could be made. Councilman Apps MOVED to approve
Resolution 1999-10. Councilwoman Wiggishoff SECONDED the motion. Vice Mayor Mower suggested changing the
wording from "city" to "town" and also change the wording from "town library and/or museum" to "town library and
museum". Councilwoman Wiggishoff suggested changing the language to read authorize the issuance and sale up to
$3.7 million". Councilwoman Hutcheson asked if given the history of bids exceeding estimates, was an amount needed
to be specified prior to the bid process. Mr. Nordin stated that a specific amount was required to be included in the
resolution and ballot language. If the bids were submitted over the bond issue amounts, overages would be covered
either by additional borrowing or alternate supplemental funding mechanisms. Ms. Hansen said the dollar amount was in
line with the bid amounts that were submitted for the Community Center and was approximately$129 per square foot in
cost.
Councilman Poma stated that building costs had increased up to 20% lately and that the bond issue figure should be
raised by$700,000. Ms. Hansen confirmed that the first numbers for the bond issue were $3.4 million and were revised
to $3.7 million after consideration of costs attributed with mechanical plant and landscaping expenses. Councilman
Poma MOVED to increase the bond issue to$4.4 million. There was no second to the motion,the motion DIED.
Tom Schuelke suggested splitting the ballot question and allowing the voters to decide whether to build a library or a
museum or both. He stated that the physical joining of two facilities was not required in order to obtain federal grants.
Alan Cruikshank, President of Historical Society, pointed out the efforts in obtaining private funds from the two groups
working jointly were advantageous as well as using the building for two purposes. He cited examples such as using a
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central computer system as a more efficient use of space and services. Roy Porterfield, speaking on behalf of the Library
Association,pointed out that both the library and museum facilities would benefit the children of the community.
The motion CARRIED unanimously.
AGENDA ITEM #12 - CONSIDERATION OF RESOLUTION 1999-11 ORDERING AND CALLING A
SPECIAL BOND ELECTION TO BE HELD IN AND FOR THE TOWN OF FOUNTAIN HILLS,
ARIZONA, ON MAY 18, 1999, TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE
QUESTION OF AUTHORIZING THE ISSUANCE AND SALE OF A TOTAL OF $1,400,000 PRINCIPAL
AMOUNT OF GENERAL OBLIGATION BONDS, PROJECT OF 1999, TO FINANCE THE
ACQUISITION OF CERTAIN OPEN SPACE.
Councilman Apps MOVED to approve Resolution 1999-11 as presented. Councilwoman Wiggishoff SECONDED the
motion.
Vice Mayor Mower stated this bond issue would provide for the acquisition of 9.25 acres and felt that the price per acre
of $151,000 was exorbitant and inflationary. He thought the language should be revised to indicate a total "up to $1.4
million" as was inserted in the previous bond issue language and negotiate with the property owner, MCO, after the
election. Councilman Poma said he felt the citizens had not objected to the development on the open space parcel being
considered for this bond issue. He felt that having two bond issues would hurt the library/museum cause and that the
library/museum was important to the Town. Councilwoman Wiggishoff said she thought the voters should decide the
future of the open space preservation. Councilwoman Hutcheson pointed out that the residents had been promised they
would be able to vote and that the developer was delaying his development until after the public vote. Councilman Apps
stated the developer had included trails through the ridgeline in an effort to preserve open space. Councilwoman
Nior Wiggishoff stated she felt the two bond issues were both important to the Town and would not be jeopardized by
appearing on the same ballot.
Town Attorney Bill Farrell stated the 9.25 acres was the size of the developable portion of land which the dwelling units
would be built and that the total acreage was almost 60 acres in land. If the Town did not purchase the land, it would
receive a hillside protection easement for 50 acres of land as part of the development of the 9.25 acres. He stated the
purchase price for the entire 60 acre parcel had been $1.3 million for the past two years and that $100,000 was included
in the bond issue to cover costs associated with bonding and financial consultant fees. He suggested the ballot question
be revised to indicate that 60 acres was being acquired, 9.25 acres of which were developable. He pointed out that the
Town had never experienced two financial questions on the same ballot. Vice Mayor Mower said he felt the clarification
in the language was necessary for the residents to understand what lands the bond issue money would purchase.
Tom Schuelke asked if a roadway would be constructed if the Town acquired the property. Mr. Valder stated if the
Town acquired the property a road would not be constructed and if the bond issue failed, the developer would construct
and pay for the road. Ron Bruno stated he thought the price was too much for 9.25 acres but that he didn't want to see
houses built on the ridgeline. Mr. Valder pointed out the development agreement for that area provided that the Town
would assume ownership of all hillside lands and that the 9.25 acres would provide for 24 lots.
Hank Lickman, MCO Properties, pointed out that the purchase price had been determined by the number of buildable
lots not the number of acres being sold. Mr. Farrell stated the Council could change the ballot question language to"24
units of development known as Diamonte Del Lago,Phase III"or calculate the total number of acres.
Councilman Apps MOVED to change the ballot question language to read "60 acres" and revise the necessary changes
as mentioned. Councilwoman Wiggishoff SECONDED the motion. Tom Schuelke asked if the language change was
ikkiw contradictory to other language in the bond issue question. Councilman Apps WITHDREW his motion and
Councilwoman Wiggishoff WITHDREW the second to the motion.
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Councilman Apps then MOVED to amend the ballot question language to read "60 acres and appropriate description of
440 unit counts and all other changes necessary to conform to the bond issue". Councilwoman Wiggishoff SECONDED the
amendment,which CARRIED with a 6-1 vote. Councilman Poma cast the nay vote.
The main motion,as amended, CARRIED with a 6-1 vote. Councilman Poma cast the nay vote.
AGENDA ITEM #13 - CONSIDERATION OF THE MASTER PLAN FOR DESERT VISTA
NEIGHBORHOOD PARK.
Al Lorenz, Chairman of the Parks & Recreation Commission, state the approval of the Master Plan for Desert Vista
Neighborhood Park was necessary in order to apply for a $700,000 Heritage Grant which would cover the first phase
of improvements for the park without expending any additional Town funds. He reviewed the components in the
master plan and explained that the details, such as the rules for the off leash facility, would be brought forward later.
The Park would include two parts, a lower area containing 3 acres for the off leash facility and the upper part for one
softball field, one adult-sized soccer field, a control building, restrooms, 2 basketball courts, 2 sand volleyball courts,
three racquetball courts, picnic verandas, youth playground and a water-play area. He stated no tennis courts had
been planned for the park but might be considered if the Town were to acquire the adjacent 2 1/2 acres. Mr. Lorenz
suggested that the Parks & Recreation Department might work with the local health club, Club Mirage, in jointly
using their facility. He pointed out that the Noon Kiwanis Club had donated $15,000 for a picnic ramada at Fountain
Park. He stated the total cost for all improvements would be $1.5 million and $700,000 of that figure could be
obtained from a Heritage Grant, if awarded to the Town.
Councilwoman Wiggishoff expressed her concern about the timing of the $800,000 funding as the additional amount
for the project and suggested the project be phased. Mr. Nordin stated the money required for the most important
project in each of the four budget priorities would be considered at budget time and possibly planned for over a
number of fiscal years depending on available funds. Councilman Poma asked about the parking availability. Mr.
Lorenz stated there was 96 on-street parking spaces, not counting any parallel parking spaces. Councilman Apps
asked if the park would be lit. Mr. Lorenz stated the Heritage Funds would provide for lighting expenses. He also
said joint programs with Parks & Rec. and Club Mirage was open for discussion. Mayor Morgan said she wanted a
monthly report of the park's usage and incidents once the park was open.
Councilman Wyman MOVED to approve the Master Plan as presented. Councilman Poma SECONDED the
motion.
Ron Bruno stated he thought the public should be able to participate in deciding which amenities, such as tennis
courts, would be constructed in the park. Mr. Lorenz stated that this project had been in the planning stages for the
past five years. Mr. Nordin explained that the Master Plan needed to be submitted for the grant application and
changes could be made if a partial grant was awarded. He stated that no grant funds would be included for the off
leash facility. Vice Mayor Mower stated that the entire park had been planned in conjunction with effluent disposal
and any future projects would be delayed until other sites could be substituted for this park site. Mayor Morgan said
she was concerned about the noise of a dog park near tennis courts. Mr. Lorenz stated the first items to be
constructed would be restrooms, sidewalks and lighting. Councilman Poma said he was interested in fixing the two
tennis courts at Four Peaks School as soon as possible.
Susan Neuhart, Charles Axtell, Vern Tattum, Charles Bio, William Boyd, Tom Schuelke and Mark Ahern spoke
from the public about the Master Plan for the park. Bruce Hansen, a member of the Sanitary District Board, pointed
out that all of the land in this park was needed for effluent and that the watering at the park would be conducted when
the public was not present. The activities at the park would have precedence over the watering schedule. Councilman
Poma said he wanted to make sure the wash would be re-seeded and the buffer zone restored.. Mr. Lorenz stated the
restoration of the wash and the lighting concerns of adjacent property owners would be addressed. He said MCO
was in the process of giving the 2 ' acres across the street from the park to the Town and that area would not
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would not necessarily be used for effluent disposal. Councilman Apps MOVED to amend the Master Plan by
deleting the off leash facility area and construct tennis courts in its place. There was no second to the amendment,
the motion DIED. Brian Schader asked about the areas in the off leash facility. Mr. Lorenz stated there were two
areas in the off leash facility, one for active dogs and another for passive usage.
The vote on the motion CARRIED with a 6-1 vote. Councilman Apps cast the nay vote.
AGENDA ITEM #14 - CONSIDERATION OF THE MASTER PLAN FOR FOUR PEAKS
NEIGHBORHOOD PARK.
Mr. Lorenz stated this Master Plan did not involve any grant money and suggested this plan be tabled for further
discussion concerning tennis court amenities. He pointed out that currently this facility did not have effluent water
being disposed at the site but had a potential for 12 acres to be used in the future. He said the Commission wanted to
upgrade this park to the quality of Golden Eagle Park in two phases. Councilwoman Wiggishoff MOVED to table
consideration of the master plan for Four Peaks Neighborhood Park to a later date using the budget process. Vice
Mayor Mower SECONDED the motion, which CARRIED unanimously.
Councilman Poma said he wanted to address the issue of tennis court repairs at the next Council meeting.
AGENDA ITEM #15 - CONSIDERATION OF INITIATING AN AMENDMENT TO SECTIONS 1.12 AND
10.02 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REVISE TWO
DEFINITIONS AND TO ALLOW GUEST HOUSES IN ANY SINGLE-FAMILY ZONING DISTRICT BY
SPECIAL USE PERMIT, GIVEN CERTAIN RESTRICTIONS.
Director of Community Development Jeff Valder stated staff had received two requests from residents who own
large lots of at least 70,000 square feet in size but were in the R1-10 zoning district. Each of them had requested the
ability to apply for a guest house construction permit but because of the zoning, they were unable to apply for a
special use permit. Since the intent of the ordinance was to allow for guest houses (by special use permit) only in
large lots, staff recommended the Zoning Ordinance be amended to include the permitted use of a guest house in any
single family zoned district as long as the lot was at least 70,000 square feet in size. He said adjustments to clarify
language in the ordinance were also included. Councilwoman Wiggishoff asked about accessory buildings being
attached or detached from the main building. Mr. Valder replied that a building 25' from the main building
connected by a main roof would not be considered an attached building and would be separate from the guest
quarters issue. Councilwoman Wiggishoff MOVED to approve the initiation of an amendment to the Zoning
Ordinance as presented. Councilman Apps SECONDED the motion, which CARRIED with a 6-1 vote.
Councilman Poma cast the nay vote.
AGENDA ITEM#16- CALL TO THE PUBLIC
Tom Schuelke requested the Council facilitate a discussion regarding usage of State Trust lands for effluent disposal.
Bruce Hansen stated the Sanitary District had no plans to consider the construction of a lake on State Trust lands and that
there were no money savings involved.
L
AGENDA ITEM #18 - 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 CONSIDERATION FOR LEGAL ADVICE WITH
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THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; AND DISCUSSIONS OR
CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO
Now CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION
FOR THE PURCHASE OF LEASE OF REAL PROPERTY; RESPECTIVELY.
Councilman Poma MOVED to go into Executive Session. Councilwoman Wiggishoff SECONDED the motion,
which CARRIED unanimously. Mayor Morgan recessed the Regular Session of the Town Council at 9:00 p.m.
AGENDA ITEM#19- RETURN TO REGULAR SESSION.
Mayor Morgan reconvened the Regular Session of the Town Council at 10:30 p.m.
AGENDA ITEM#20 -ADJOURNMENT.
Councilman Poma MOVED adjourn the meeting. Vice Mayor Mower SECONDED the motion, which CARRIED
unanimously. Mayor Morgan adjourned the meeting at 10:30 p.m.
TOWN OF NTAIN HILLS
4111w1 Sharon Morgan,May
A I EST: (1‘,44.4.c.„
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Cassie B. Hansen,Town Clerk
PREPARED BY:
Linda D.Le en,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 February, 1999. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 4th day of March, 1999.
Cassie B.Hansen,Town Clerk
Lop
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