HomeMy WebLinkAbout1996.0801.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
Lire FOUNTAIN HILLS TOWN COUNCIL
AUGUST 1, 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, August 1, 1996, 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 led by Brownie Girl Scout Troop 1059 Color Guard comprised of
Valerie Oliphant, Stephanie Oliva, Alyssa Christensen and Gina Collins and the invocation given by Pastor Steve
Gilbertson of the Fountain Hills Community Church, roll call was taken. Present for roll call were the following
members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Lawrence and Councilmembers Bill
O'Brien,Sid Apps,Al Poma and Penfield Mower. Councilwoman Wiggishoff was absent. 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 read the Consent Agenda which consisted of the following agenda items:
AGENDA ITEM#2-CONSIDERATION OF APPROVING THE MEETING MINUTES OF JULY 11, 1996.
AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1996-55,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE WESTERLY PROPERTY LINES OF LOT 7,PLAT 112(16901 E. DEANZA),
AS RECORDED IN BOOK 271 OF MAPS, PAGE 26, RECORDS OF MARICOPA COUNTY, ARIZONA,
WITH STIPULATIONS. (SHOEMAKER - EA96-34)
AGENDA ITEM#4-CONSIDERATION OF RESOLUTION 1996-56,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE REAR(NORTHEASTERLY)PROPERTY LINE OF LOT 32,BLOCK 2,PLAT
603C (15844 E. CHOLLA), AS RECORDED IN BOOK 161 OF MAPS, PAGE 43, RECORDS OF
MARICOPA COUNTY, ARIZONA. (PATTERSON - EA96-32)
AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1996-57,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE SIDE (EASTERLY) PROPERTY LINE OF LOT 2, BLOCK 1, PLAT 603C
(15755 E. THISTLE), EXCEPT FOR THE NORTHERNMOST 10', AS RECORDED IN BOOK 161 OF
MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. (WEBER - EA96-33)
AGENDA ITEM #6 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE
FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT #98 FOR BASKETBALL COURT LIGHTS AT
FOUNTAIN HILLS JUNIOR/SENIOR HIGH SCHOOL.
AGENDA ITEM #7 - CONSIDERATION OF AWARDING THE BID FOR CLEANING SERVICES FOR
TOWN HALL, BUILDINGS B AND C.
Councilman Poma MOVED to approve the Consent Agenda as read. Councilman Apps SECONDED the motion.
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Page 1 of 8
A roll call vote was taken with the following results:
Councilman Poma Aye
Councilman Apps Aye
Councilman Mower Aye
Councilman O'Brien Aye
Vice Mayor Lawrence Aye
Mayor Miles Aye
The motion CARRIED unanimously.
AGENDA ITEM#8-PRESENTATION OF APPRECIATION PLAQUE TO NICHOLAS STASIK FOR HIS
SERVICE ON THE FOUNTAIN HILLS PARKS AND RECREATION COMMISSION.
Mayor Miles presented a plaque to Nicholas Stasik for his service as a student representative for the period of July,
1994 to August, 1996 on the Fountain Hills Recreation Commission.
AGENDA ITEM#9-PRESENTATION BY THE MARICOPA COUNTY RECORDER'S OFFICE OF THE
NEW "SCANVOTE" VOTING SYSTEM. COUNTY RECORDER HELEN PURCELL AND STAFF
MEMBERS YVONNE REED AND GLENN HUMBERT WILL DEMONSTRATE THE NEW VOTING
SYSTEM WHICH WILL MAKE ITS DEBUT AT THE SEPTEMBER 10TH PRIMARY ELECTION.
County Recorder Helen Purcell pointed out that voters who used the punchcard system in the last election had caused
approximately 20,000 overvotes by not voting correctly and she was optimistic that the new scanvote system with
paper ballots would improve efficiency. She stated Maricopa County, with 953 polling places, was the sixth largest
district in the United States. Sample ballots were passed out to the audience so they could familiarize themselves
with the new system which included connecting the proper arrow using a pen to indicate a vote. Mrs.Purcell noted
that election results could be available one hour after the polls closed with this new system.
AGENDA ITEM #10 - PRESENTATION BY JERRY KIRKENDOLL ON HIS SUGGESTIONS FOR A
REVISED DOWNTOWN PLAN.
Mr. Kirkendoll stated past ideas for the downtown plan had included the closure of the Avenue of the Fountains at
La Montana. He said he wanted the Avenue of the Fountains left open to traffic and brought sketches of a layout
for a civic center building. He proposed a southwestern style building with a double archway could be built over
the Avenue of the Fountains. The outside archway could be used for various activities. He said he did not foresee
a pedestrian problem and was not in favor of parallel parking. He related that the Chamber of Commerce had also
opposed the blocking off of the street. At his request, a hand count of those present in the audience favored his
proposal to keep the Avenue of the Fountains from being closed.
AGENDA ITEM #11 - REPORT BY MAYOR MILES ON THE INTERNATIONAL SISTER CITIES
CONFERENCE HELD IN BOSTON,JULY 24TH THRU 26TH.
Mayor Miles gave a brief report regarding his visit to Boston where he attended the International Sister Cities
Minutes of the Regular Session of the Town Council 8/1/96
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Convention. He said 1300 delegates represented 42 states and 28 countries and that he had enjoyed conversations
with many different mayors and representatives from various segments of government. He stated he had been
impressed with the organization and looked forward to having the Town participate in this program.
AGENDA ITEM#12 - REPORT BY MARSHAL STEVE GENDLER AND CAPTAIN JERRY SHERIDAN,
MCSO, ON THE RECENT VANDALISM THAT HAS OCCURRED IN TOWN.
Marshal Gendler reported that 60 incidents had been reported during the past two weeks involving punctured tires,
damages to mailboxes and graffiti in the northeastern portion of the town. He explained his department had been
working in cooperation with Maricopa County Sheriff's Department to prevent further acts of vandalism such as
block watch programs. Lt. Jim Miller stated a suspect had been arrested concerning a recent graffiti incident and
three other juveniles were being watched in connection with other graffiti occurrences. He reported 17 criminal
damage reports were taken over a six week period, but that on July 21, 1996, 47 criminal damage reports had been
filed. He reported two investigative juvenile leads were being interviewed in connection with numerous reports of
vandalism to mailboxes. He suggested bike patrols could make canvassing of neighborhoods very effective.
AGENDA ITEM #13 - CONSIDERATION OF APPOINTING A COUNCIL SUB-COMMITTEE TO
REVIEW, REVISE AND FINALIZE A REQUEST FOR PROPOSAL FOR LEGAL SERVICES FOR THE
TOWN OF FOUNTAIN HILLS.
Town Manager Nordin stated a Council sub-committee would assist him in preparation of appropriate documents
for requesting proposals for legal services. Mayor Miles, Councilmen O'Brien and Apps volunteered to serve on
a sub-committee and a request for proposal would be returned to the Council for approval upon completion by the
sub-committee.
AGENDA ITEM #14 - REPORT BY TOWN MANAGER PAUL NORDIN ON POSSIBLE OPTIONS AND
LEGAL PARAMETERS FOR THE TOWN OF FOUNTAIN HILLS TO FINANCIALLY ASSIST THE
FOUNTAIN HILLS SCHOOL DISTRICT WITH POSSIBLE DIRECTION TO THE STAFF FOR FUTURE
ACTION.
Mr. Nordin suggested many options to legally and financially support the School District such as cooperative
efforts concerning the funding of a part-time school security person. He suggested an additional deputy from the
Marshal's Department could be assigned to the school to provide security services in return for the school paying
the Town those funds now budgeted for a security person. Another suggestion for the purchase of books and
assistance with staffing for the school library to enable the library to remain open after school hours for the benefit
of the general public was also discussed. Also possible assistance with computer resources and training could come
from Town staff, shared usage of a van used by the Red Cross and rented by the Town, a joint copy center,
purchasing plan for supplies, and setup of a gasoline facility to be used cooperatively between the School District,
the Town and the Fire District. He also suggested assistance with maintenance of fields now used by the Town and
the possibility of eliminating fees previously charged for stage rental and ballfield rental time.
Mr. Nordin affirmed that the Marshal's Department was prepared to assist the school with a security person. He
suggested that the Council could ask staff to prepare a report with regard to costs and ultimately move the
appropriate funds to the Marshal's budget to support that position. Marshal Gendler estimated a full time officer
position would require approximately $36,000 which would include benefits. Mr. Nordin added the figure would
be $36,000 less any money received from the School District.
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Councilman Mower MOVED to direct staff to complete a report regarding costs. Councilman Apps SECONDED
the motion. Vice Mayor Lawrence said he was disappointed that specific dollar amounts were not available at this
time. He stated he would prefer eliminating the requirement to collect funds from the School District as it was the
intent of the Town Council to assist them financially.
Vice Mayor Lawrence MOVED to proceed with the arrangements to provide a school security person from the
Marshal's Department in the amount of$36,000 to include salary and employer related expenses. Councilman Poma
SECONDED the motion which CARRIED unanimously.
Councilman Poma MOVED to assume all maintenance expenses of the Four Peak field. Mr.Nordin stated he didn't
know the amount required for maintenance. Councilman Poma WITHDREW his motion.
Vice Mayor Lawrence MOVED to direct staff to obtain specific dollar amounts concerning the books for the library,
bus service along with a cap limit, joint operation of a copy center, maintenance expenses of Four Peaks field,
parking lot maintenance expenses and a report of any fees the Town charges the School District along with the intent
to waive those fees until further notice. Councilman Poma SECONDED the motion.
Mary Pilarinos asked questions regarding the bus service expenses such as maintenance,driver expenses and liability
costs. Mr. Nordin answered that all expenses of the bus service would be borne by the School District. He said the
Town would pay a rate for using the bus during non-school periods to assist the Red Cross. Ginny Chin, speaking
on behalf of the School Board,expressed her thanks for the support of the Town Council. She said October 23, 1996
would be National Education Day and urged citizens to contact legislators to inform them of the School District's
financial problems. Joyce Szeliga suggested the Parks and Recreation Department could use school facilities after
school hours for several of their programs.
Vice Mayor Lawrence AMENDED his motion to also include the requirement for staff to report to the Council
regarding the availability of school rooms that could be used for Parks & Recreation programs.
High School Principal Jean Paisley thanked the Council for their support and understanding of the School District's
concerns.
The motion CARRIED unanimously.
AGENDA ITEM #15 - PUBLIC HEARING ON RESOLUTION 1996-58, ADOPTING THE TENTATIVE
BUDGET AS THE 1996/97 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
Mayor Miles recessed the Regular Session of the Town Council and opened the Public Hearing at 7:40 p.m.
No one came forward to speak for or against the 1996/97 Fiscal Year Budget. Mayor Miles closed the Public
Hearing and reconvened the Regular Session of the Town Council at 7:41 p.m.
AGENDA ITEM #16 - CONSIDERATION OF RESOLUTION 1996-58, ADOPTING THE TENTATIVE
BUDGET AS THE 1996/97 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
Councilman O'Brien MOVED to approve Resolution 1996-58 as presented. Councilman Apps SECONDED the
motion which CARRIED unanimously.
Minutes of the Regular Session of the Town Council 8/1/96
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AGENDA ITEM #17 - 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
111110, PROPOSED EXTENSIVE LANDSCAPE IMPROVEMENTS. THIS ITEM WAS TABLED FROM THE
JULY 11, 1996 COUNCIL MEETING. DISCUSSION WILL INCLUDE A REPORT FROM THE TOWN
ENGINEER REGARDING SAFETY ISSUES AT THE INTERSECTION.
Vice Mayor Lawrence MOVED to remove this item from the table for further discussion. Councilman Poma
SECONDED the motion which CARRIED unanimously.
Town Engineer Randy Harrel addressed safety considerations on Palisades Boulevard at Shea Boulevard. He
recommended slopes be flattened with a 3-1 slope or guardrails. He said Sunridge Canyon developers had indicated
they would place guardrails at two locations. He stated staff had not recommended for or against the approval of
the fill waiver.
Councilwoman Wiggishoff, who was absent from the meeting, had issued a memorandum to the Councilmembers
in which she had indicated she would withdraw her opposition to the fill waiver if the slope could be contoured.
Gregg Bielli, MCO Properties, agreed with Councilwoman Wiggishoff's proposal. Her memo also referred to her
opposition to a water feature at that location.
Councilman O'Brien stated he agreed with Councilwoman Wiggishoff's objections to a water feature, although the
Council had formerly approved it. He indicated an attractive desert feature would be more appropriate. Councilman
O'Brien AMENDED the motion to recommend that the Council request the Arts Council to work with MCO to
investigate alternatives which would not require excessive amounts of fill. Councilman Mower SECONDED the
amendment which CARRIED with a 4-2 vote. Vice Mayor Lawrence and Councilman Poma cast the nay votes.
Gregg Bielli, MCO Properties, stated he wanted to clarify whether the vote on the waiver request would include the
approval of the details of the entrance feature. Mayor Miles indicated the vote would indicate approval of the waiver
request and that future details would be presented for Council approval. Mr. Bielli said he hoped cooperative efforts
between the community and MCO Properties could be worked out for the financial expense of the entrance feature.
Leesa Fraverd said she was in favor of an attractive entry feature on the eastern entryway as well as the western
entryway. She suggested something be approved that would be less drastic than a 45' fill waiver. Mary Pilarinos
also suggested the Council look into improving the eastern entryway into the Town.
With a roll call vote, the motion CARRIED unanimously.
AGENDA ITEM #18 - PUBLIC HEARING TO RECEIVE COMMENTS ON AN APPLICATION TO
PERMIT AN ON-SITE ADVERTISING SIGN FOR THE CRYSTAL RIDGE SUBDIVISION AS A SPECIAL
USE LOCATED EAST OF FOUNTAIN HILLS BLVD.AND NORTH OF CRYSTAL RIDGE DRIVE,CASE
NUMBER SU96-04.
Mayor Miles recessed the Regular Session of the Town Council and opened the Public Hearing at 8:02 p.m. Planner
Geir Sverdrup presented a staff report which indicated the request to place an advertising sign on the parking lot
rather than on the lot containing the model. Adequate landscaping requirements were provided as a stipulation to
the request. The sign would be more visible from Fountain Hills Boulevard.
Leesa Fraverd said she felt the sign's inclusion of prices was not attractive and urged the Council to require the
developer to comply with existing rules rather than make exceptions to them.
Mayor Miles closed the Public Hearing and reconvened the Regular Session of the Town Council at 8:08 p.m.
Minutes of the Regular Session of the Town Council 8/1/96
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AGENDA ITEM#19-CONSIDERATION OF A SPECIAL USE PERMIT APPLICATION TO PERMIT AN
ON-SITE ADVERTISING SIGN FOR THE CRYSTAL RIDGE SUBDIVISION EAST OF FOUNTAIN HILLS
BLVD. AND NORTH OF CRYSTAL RIDGE DRIVE, CASE NUMBER SU96-04.
Vice Mayor Lawrence MOVED to approve the special use permit for the Crystal Ridge Subdivision. Councilman
Poma SECONDED the motion. Mayor Miles said he opposed the request. Councilman Mower also opposed the
request and favored having the developer place the sign next to his model home.
The motion FAILED with a 4-2 vote after a roll call vote was taken. Vice Mayor Lawrence and Councilman Poma
cast the aye votes.
AGENDA ITEM #20 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON A PROPOSED
AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 6
SIGNS,SECTION 6.07.A.2.,ELIMINATING THE REQUIREMENT THAT CIVIC ORGANIZATION SIGNS
MUST BE PLACED WITHIN ONE-QUARTER MILE OF THE TOWN'S CORPORATE BOUNDARIES.
Mayor Miles recessed the Regular Session of the Town Council and opened the Public Hearing at 8:11 p.m.
Director of Community Development Gary Jeppson stated that the net effect of this proposed amendment would be
to allow the upgrade of the civic organization sign just north of Shea Boulevard on Fountain Hills Boulevard as well
as the one on Saguaro Boulevard. Councilman O'Brien asked if there was a limit on the number of civic
organization signs in the Town. Mr. Jeppson answered that the signs were in a public right-of-way and under the
control of the Town Council.
Mayor Miles closed the Public Hearing and reconvened the Regular Session of the Town Council at 8:13 p.m.
AGENDA ITEM #21 - CONSIDERATION OF ORDINANCE 96-28, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 6 SIGNS, SECTION 6.07.A.2.,
ELIMINATING THE REQUIREMENT THAT CIVIC ORGANIZATION SIGNS MUST BE PLACED
WITHIN ONE-QUARTER MILE OF THE TOWN'S CORPORATE BOUNDARIES.
Councilman O'Brien MOVED to approve Ordinance 96-28. Councilman Mower SECONDED the motion which
CARRIED unanimously.
AGENDA ITEM#22-CONSIDERATION OF THE PRELIMINARY PLAT FOR CUESTA ACRES,A FIVE
LOT SUBDIVISION ON 9.8 ACRES LOCATED WEST OF FOUNTAIN HILLS BOULEVARD,SOUTH OF
COLONY WASH, EAST OF THISTLE DRIVE AND MOUNTAINSIDE DRIVE. CASE #S96-020.
Planner Geir Sverdrup stated the Council had previously approved the zoning for this parcel and the preliminary plat
for a five-lot subdivision was now being requested for approval. He said hillside protection easements had been pre-
planned for the remainder of the parcel not part of those five lots.
Councilman Poma MOVED to approve the preliminary plat for Cuesta Acres. Vice Mayor Lawrence SECONDED
the motion which CARRIED unanimously.
Minutes of the Regular Session of the Town Council 8/1/96
Page 6 of 8
AGENDA ITEM #23 - CONSIDERATION OF THE PRELIMINARY PLAT FOR TOWN CENTER I
SUBDIVISION,A 10 LOT SUBDIVISION ON 43.38 ACRES LOCATED WEST OF LAMONTANA DRIVE,
SOUTH OF PALISADES BOULEVARD, EAST OF FOUNTAIN HILLS BOULEVARD. CASE #S96-012.
Director of Community Development Gary Jeppson explained the location of the 10-lot subdivision as well as the
re-alignment of Avenue of the Fountains from La Montana to Palisades and the renaming of the extension of the
Avenue of the Fountains in the vicinity of LaVida Buena condominiums to Avenida Vida Buena. He stated all of
the lots were currently zoned C-2 and the preliminary plat contained 10 stipulations from staff including sidewalk
standards. Town Engineer Randy Harrel stated a traffic study would be completed and estimated the speed limit to
be between 25 to 35 mph. He said he anticipated a possible traffic signal at the location of the intersection at
Palisades by the Fire Station entrance. Mr. Harrel explained about the cul-de-sac location which would serve Lots
1-5 from Fountain Hills Boulevard and the Safeway Shopping Center.
Gregg Bielli, MCO Properties, noted there were a number of interested buyers for the retail lots and that MCO had
planned to move forward with their plans after a reconfiguration of the Safeway parking lot. He pointed out that
Lot 10, which was a very large lot, might be replatted at a later date.
Jerry Kirkendoll stated he was in favor of the extension of the Avenue of the Fountains but objected to the renaming
of the extension as "Avenida Vida Buena". He preferred "Fountain Lane" as the street name. Walt Franklin said
he was concerned about additional streets leading onto main traffic arteries. Town Engineer Harrel stated the
approval of the preliminary plat would not preclude additional negotiations with the developer concerning
infrastructure construction and design. He also pointed out that the Council could require the street name to be
changed. Mary Pilarinos said she was concerned about traffic areas in the vicinity of a proposed charter school
parcel. Kent Bro, owner of 4-Sons Mobil Gas Station, objected to a raised mediam along the entire length of
Fountain Hills Boulevard. He said he preferred a flush median roadway in front of his business as was proposed
for the new lots in this subdivision. -
A roll call vote resulted in a vote of 5-1 to approve the Town Center I Preliminary Plat. Councilman Poma cast the
14111.9 nay vote.
AGENDA ITEM #24 - CALL TO THE PUBLIC.
No one came forward from the public.
AGENDA ITEM #25 - PURSUANT TO A.R.S. 38-431.03.A.7., AND A.R.S. 38-431.03.A.3, VOTE TO GO
INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION WITH DESIGNATED
REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND
INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE OR LEASE
OF REAL PROPERTY; AND FOR DISCUSSIONS OR CONSULTATION FOR LEGAL ADVICE WITH
THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY, RESPECTIVELY.
AGENDA ITEM #26 - RETURN TO SPECIAL SESSION.
There was no motion to go into Executive Session.
Minutes of the Regular Session of the Town Council 8/1/96
Page 7 of 8
AGENDA ITEM #27 - ADJOURNMENT.
Vice Mayor Lawrence MOVED to adjourn the meeting. Councilman O'Brien SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 8:56 p.m.
TOWN OF FOUNTAIN HILLS
By:
Jeryj Miles,
Maker
U
A t l✓ST: 3
Cassie B. Hansen, Town Clerk
PREPARED BY: C`r-cij�4_/
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 1st day of August, 1996. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 15th day of August, 1996.
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 8/1/96
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