HomeMy WebLinkAbout1997.0403.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
APRIL 3, 1997
A public meeting of the Fountain Hills Town Council was convened and called to order by Vice Mayor O'Brien at
6:30 P.M., Thursday, April 3, 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 led by Justin Baltrusch and Chase Hanna From Boy Scout Troop
#253 and the invocation given by Pastor Dennis Daniel, First Baptist Church, roll call was taken. Present for roll
call were the following members of the Fountain Hills Town Council: Vice Mayor Bill O'Brien and
Councilmembers Don Lawrence, Marianne Wiggishoff, Sid Apps, Al Poma and Penfield Mower. Mayor Miles
was absent. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Assistant Town Attorney
Andrew McGuire, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson and Town
Engineer Randy Harrel.
Vice Mayor O'Brien read the Consent Agenda which consisted of the following agenda items:
AGENDA ITEM#2-CONSIDERATION OF APPROVING THE MEETING MINUTES OF MARCH 18TH
AND 20TH, 1997.
AGENDA ITEM #3 - CONSIDERATION OF AN EXTENSION OF PREMISE/PATIO PERMIT
SUBMITTED BY JIMMY CARRES FOR JIMMY'S FILLING STATION RESTAURANT LOCATED AT
11044 SAGUARO BOULEVARD. THE APPLICANT IS ADDING ADDITIONAL DINING SPACE TO THE
RESTAURANT AND IS REQUESTING A PERMANENT CHANGE OF AREA OF SERVICE FOR
EXISTING LIQUOR LICENSE#12072156. ALTHOUGH THIS PERMIT WAS ORIGINALLY APPROVED
AT THE 3/6/97 COUNCIL MEETING,A NEW FLOOR PLAN IS BEING SUBMITTED AT THE REQUEST
OF THE STATE LIQUOR DEPARTMENT.
AGENDA ITEM#4-CONSIDERATION OF RESOLUTION 1997-11,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE NORTHERLY AND NORTHERLY PROPERTY LINE OF LOT 3, BLOCK
2, PLAT 505D (15122 E. ASPEN DRIVE), AS RECORDED IN BOOK 158, PAGE 41, RECORDS OF
MARICOPA COUNTY,ARIZONA,EXCEPT FOR THE SOUTHERLY 20' OF THE EASTERLY PUBLIC
UTILITY EASEMENT WHICH WILL BE RETAINED FOR EXISTING ELECTRICAL FACILITIES.
(HELM - EA97-07)
AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1997-13, ABANDONING THE
CONDOMINIUM PLAT FOR "KINGSDALE CONDOMINIUMS UNIT 12", LOCATED AT 16705 EAST
WESTBY DRIVE, AKA LOT 10,BLOCK 2,PLAT 102,AS RECORDED IN BOOK 289, MAP 43 OF THE
MARICOPA COUNTY, ARIZONA RECORDS. CASE #S97-020.
AGENDA ITEM #6 - CONSIDERATION OF A PRELIMINARY PLAT FOR CASA BELLA
CONDOMINIUMS,LOCATED AT 16616 E.GUNSIGHT DR.,AKA PLAT 207,BLOCK 1,LOT 14A,CASE
#S97-019.
AGENDA ITEM#7-CONSIDERATION OF A FINAL PLAT FOR 250-251 CONDOMINIUMS,LOCATED
AT 15038 ESCONDIDO DR., AKA PLAT 105, BLOCK 2, LOT 3, CASE#S97-013.
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AGENDA ITEM#8-CONSIDERATION OF A FINAL PLAT FOR 256-257 CONDOMINIUMS,LOCATED
AT 14218 SAGUARO BLVD., AKA PLAT 104, BLOCK 15, LOT 18, CASE #S97-014.
AGENDA ITEM#9-CONSIDERATION OF THE FINAL PLAT FOR THE SUNRIDGE CANYON PARCEL
"N-WEST PHASE II" SUBDIVISION, A 15.487 ACRE, 35 LOT SUBDIVISION LOCATED EAST OF
SUNRIDGE DRIVE AND NORTH OF THE SUNRIDGE CANYON GOLF COURSE CLUBHOUSE,CASE
NUMBER S95-054.
AGENDA ITEM #10 - CONSIDERATION OF THE FINAL REPLAT FOR LOT 17, FINAL PLAT 104,
LOCATED AT 14206 N. ASHBROOK DRIVE, A LOT SPLIT PROJECT, CASE #S97-017.
Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Lawrence SECONDED
the motion. A roll call vote was taken with the following results:
Councilman Poma Aye
Councilwoman Wiggishoff Aye
Councilman Apps Aye
Councilman Lawrence Aye
Councilman Mower Aye
Vice Mayor O'Brien Aye
The motion CARRIED.
AGENDA ITEM #11 - CONSIDERATION OF THE APPOINTMENT OF A PARKS AND RECREATION
COMMISSION SUB-COMMITTEE TO RAISE FUNDS FOR THE JULY 4TH FIREWORKS DISPLAY AND
APPROVING A MAXIMUM APPROPRIATION OF $10,000 FOR THE EVENT.
Councilman Poma stated he felt a sub-committee should be formed to assist the Parks and Recreation Department
in fundraising efforts. He MOVED to appropriate $10,000 for the fireworks display costs and to form a sub-
committee to help raise funds. Councilman Lawrence SECONDED the motion.
Councilwoman Wiggishoff asked whether the Parks&Recreation Commission, through a sub-committee, would be
taking over the fundraising aspect of the event. Councilman Poma answered that the sub-committee would try to
raise the funds with the staffs direction. He explained he had served on committees to raise private funds which
were submitted to the Town to help defray fireworks and event costs. Councilman Apps said he was opposed to
supporting the Town's contribution of$10,000 because of many reasons including fire safety issues. Councilwoman
Wiggishoff said she would rather continue with the public/private cooperative efforts accomplished in the past. She
said she would prefer having a sub-committee of the Chamber Board raise the funds,rather than just a governmental
celebration. She viewed the value of staff time spent on oversight and organization as well as the $10,000
contribution sufficient for the Town's contribution. She questioned the underwritten obligation of the Town for the
payment of the entire costs for the celebration if fundraising efforts initiated by the sub-committee failed to provide
adequate capital.
Councilman Mower MOVED to amend the motion to separate the vote on the two issues, the funding amount of
$10,000 and the formation of a sub-committee. Councilman Apps SECONDED the amendment. Councilman Poma
suggested the Town remain fully involved with the 4th of July celebration activities. He pointed out the Chamber
of Commerce had not participated in the event for the past two years. Vice Mayor O'Brien suggested a free-will
offering be taken during the event to assist in covering expenses. The amendment CARRIED unanimously.
Councilman Poma MOVED to appropriate up to $10,000 in Town funds for the fireworks display. Councilwoman
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Wiggishoff SECONDED the motion which CARRIED with a 5-1 vote. Councilman Apps cast the nay vote.
Councilman Lawrence MOVED to direct the Parks & Recreation Department to form a sub-committee for the
�✓ purpose of giving oversight to the 4th of July celebration and direct them to involve the private sector as much as
feasible. Councilman Apps SECONDED the motion. Councilwoman Wiggishoff again indicated her concern about
the degree of the Town's involvement for the 4th of July events. Councilman Mower felt the Town would ultimately
provide appropriate funds if they were not raised by the private sector. Councilman Poma maintained that the Parks
&Recreation Department should be involved with the sub-committee rather than an entirely private group of citizens.
John Kavanagh, Vice President of the Parks & Recreation Commission, spoke about his concerns with the propriety
of public officials soliciting funds. He suggested since 60-70% of the people who enjoyed the fireworks were from
out of town, a $2-$3 parking fee for the event could be charged as an option to defer costs of the event. Robin
Goodman, Director of Parks & Recreation Department, stated she was concerned about the fire safety aspects and
the debris from the fireworks around neighboring residences. She pointed out that many employees did not relish
working during a holiday when they normally would have a chance to be with their families. She stated in the last
two years, the P&R Department has provided the leadership to organize the event and was fortunate to have private
citizens assist with fundraising.
Phyllis Kern spoke in favor of charging a parking fee. She said she felt letters written to former substantial donors
would provide considerable funds along with new private prospects.
The motion CARRIED with a 5-1 vote. Councilwoman Wiggishoff cast the nay vote.
AGENDA ITEM #12 - CONSIDERATION OF RESOLUTION 1997-12, CONCERNING THE ARIZONA
MUNICIPAL WORKERS' COMPENSATION POOL ("POOL").
Town Manager Nordin stated the resolution provided for the joining with the Arizona Municipal Worker's
Compensation Pool and would result in a savings of approximately$9500 in insurance premiums. The membership
and indemnity agreements mentioned in the resolution were not completed. Both Wally Hudson,Risk Manager,and
Alicia Sterna from Southwest Risk Services were present to answer questions.
Councilwoman Wiggishoff MOVED to approve Resolution 1997-12. Councilman Mower SECONDED the motion.
Vice Mayor O'Brien asked Town Attorney Farrell if a contingency was needed in the Resolution concerning the
incomplete agreements. Mr. Farrell said the agreements could be reviewed and approved in two weeks.
Alicia Sterna, Southwest Risk Services, addressed the Council said managed care with the "Pool" provided for
contracting with providers for negotiated discounts of service fees. Also a claims administrator would review serious
cases to assure employees' care was appropriate and timely and included review of claims from fee schedules. She
said the employer had the right to direct the location for the first doctor visit for workmens' compensation claims.
She reviewed other benefits and services provided by the Pool membership.
Councilman Apps stated that the policies set by the Town relating to workmens' compensation matters affected
individual's freedom of choice options and suggested the Employee Benefits Committee be notified of the policies.
Councilman Apps MOVED to table this resolution until this resolution was submitted to the Employees Benefits
Committee for their review. Councilman Poma SECONDED the motion which CARRIED with a 4-2 vote.
Councilwoman Wiggishoff and Vice Mayor O'Brien cast the nay votes.
Vice Mayor O'Brien asked Town Manager Nordin to present the resolution to the Employee Benefits Committee
to allow for Council approval at the next Council meeting. Town Attorney Farrell said the agreements and the
resolution could be presented at the April 17th meeting. He mentioned that employees did not pay for workmens'
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compensation insurance premiums. Councilman Poma said he approved of notifying employees concerning this
matter.
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AGENDA ITEM #13 - CONSIDERATION OF ORDINANCE 97-10, AMENDING THE TOWN CODE BY
ADDING A NEW CHAPTER 18, ALARM SYSTEMS, CONSISTING OF FOUR NEW ARTICLES, 18-1,
GENERALLY, 18-2,ALARM BUSINESSES, 18-3,ALARM USERS,AND 18-4,REVIEW, HEARING AND
MISCELLANEOUS, RELATING TO THE LICENSURE OF ALARM BUSINESSES AND PROVIDING
PENALTIES FOR ALARM USERS FOR REPEATED FALSE ALARMS. (THIS ITEM WAS TABLED AT
THE 3/20/97 COUNCIL MEETING.)
Assistant Town Attorney Andrew McGuire said he had drafted a revision of the previous ordinance to include
changes made at the last Council meeting. Councilwoman Wiggishoff MOVED to approve Ordinance 97-10
regarding false alarms. Councilman Poma SECONDED the motion.
Councilwoman Wiggishoff said she was concerned about a provision for fingerprinting future technicians after the
license had been approved. Mr.McGuire read a paragraph which provided for a new Paragraph"C"of 18-2-2 which
would provide the requirement for fingerprints of new technicians. Also affected was 18-2-3-B-5 which could be
used as a basis for denial or revocation of the license. Councilwoman Wiggishoff MOVED to amend to include
the language from Mr. McGuire's paragraph. Councilman Poma SECONDED the amendment which CARRIED
unanimously.
Councilman Lawrence said he was opposed to the ordinance as it incorporated fines for police services that were
paid for by taxpayer dollars. The vote on the motion to approve Ordinance 97-10 CARRIED with a 5-1 vote.
Councilman Lawrence cast the nay vote.
AGENDA ITEM #14 - CONSIDERATION OF A CONTRACT WITH KELLY P. REYNOLDS AND
ASSOCIATES, TO PERFORM OUTSIDE PLAN CHECK SERVICES.
Director of Community Development Gary Jeppson said the Building/Safety staff had requested the addition of Kelly
P. Reynolds & Associates to assist with plan check permit services. Councilman Lawrence MOVED to contract
with Kelly P. Reynolds and Associates. Councilman Mower SECONDED the motion which CARRIED
unanimously.
AGENDA ITEM #15 - CONSIDERATION OF APPROVING A DESIGN FOR OFF PREMISE SIGNAGE.
Mr. Jeppson stated a consultant, SmithCraft, had provided four options for signage. He said estimates were given
in the report concerning costs for single-faced ($2500) and double faced signs ($3500) which totaled $100,000 for
33 sign locations.
Councilwoman Wiggishoff expressed her opposition to all of the prototypes as well as the selection of colors that
was provided. Councilman Apps said he didn't like the choices either and said he preferred to view samples of
prototypes as well as color choices before he would approve a design. He also wanted to know what the content
of the signs would be as well as where they would be located.
Councilman Poma MOVED to table discussion regarding off premise signage until after the Arts Council could
review them. Councilman Mower SECONDED the motion which FAILED with a 3-3 roll call vote. Councilman
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Mower, Poma and Apps cast the aye votes.
Councilwoman Wiggishoff MOVED to refer the signage design to the Arts Council with the same $100,000
established budget for their evaluation. Vice Mayor O'Brien SECONDED the motion for purposes of discussion.
Councilman Lawrence said he opposed sending the design responsibility to the Arts Council because the signs were
primarily used for directions and that unanimous support was impossible. Councilwoman Wiggishoff said the issue
at this time was the design of the sign and that the number of signs, content and locations would be discussed in the
future. The motion CARRIED with a 4-2 vote. Councilman Lawrence and Poma cast the nay votes.
AGENDA ITEM #16 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE PROPOSED
MONTERRA RANCH (FORMERLY KNOWN AS THE BRITTANY), A CONDOMINIUM PROJECT OF
73 UNITS ON 7.189t ACRES LOCATED SOUTHEAST OF SAGUARO BOULEVARD,AND SOUTHWEST
OF MONTEREY DRIVE, CASE NUMBER S96-031.
Mr.Jeppson reviewed the location of the 73-unit condominium project in 41 buildings on seven acres with a private
roadway. He said the Planning & Zoning Commission had recommended approval with the inclusion of the ten
stipulations. Vice Mayor O'Brien corrected the language in the second stipulation to include lush vegetation for the
landscape plan.
Councilman Lawrence MOVED to approve the preliminary plat for Monterra Ranch as presented with the ten staff
stipulations. Councilman Poma SECONDED the motion.
Councilman Mower said he had concerns about condominiums being constructed at this location because they were
not in conformance with the General Plan which provided for a lodging facility. He stated there had been an
excessive increase in condominium requests in the Town and that condominiums created a drain on the infrastructure,
whereas a hotel could offset the use of various town facilities by creating bed tax revenues and higher real estate
taxes. Councilman Lawrence stated he felt there was no shortage of hotel rooms in the town. He said the developer
could have ultimately constructed 179 units but had designed his plan for 73 units. Councilwoman Wiggishoff said
the multi-family usage was an adequate transition between residential and commercial and that it was unlikely
another commercial usage would be built at that location. She referred to the need for a landscape plan and that the
road system through the development needed better design. Councilman Poma asked Town Attorney for his opinion
whether the denial of preliminary plat would put the Town in legal jeopardy. Town Attorney Farrell said the
approval of a plat was an administrative act which was different from a request to rezone decision. He related that
if the preliminary plat met every written condition of the Subdivision Ordinance, then the obligation to approve the
request would withstand. Councilman Mower stated he was concerned about the rights of the residents,rather than
the developer, regarding increased traffic congestion and other concerns resulting from the development of
condominiums. Councilman Poma said he supported the preliminary plat since it was a better plan than having a
169-room hotel at this location. Councilman Mower stated he had been given information about the number of units
constructed to date. He said there were 2,840 multi-family units and 5,550 single family units constructed.
David Everson, representing Riverstone Development, the developer, stated his company was constructing
condominiums which were a compromise between apartments and single-family style usages. He stated all of the
units would have garages, would be approximately 1175-1700 square feet in size, and would be priced between
$110,000 and $145,000. He assured the Council that mature landscaping would be planted.
The vote on the motion CARRIED with a 4-2 vote. Councilman Mower and Apps cast the nay votes.
Minutes of the Regular Session of the Town Council 04/03/97
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AGENDA ITEM #17 - CONSIDERATION OF REALLOCATION OF FUNDS FOR MAJOR ROAD
IMPROVEMENTS.
Town Engineer Randy Harrel reviewed the status of various projects and their timetables for completion. He said
at the present time, more concrete curb replacements, more asphalt overlay and emulsion seal work as well as
contract for a second crackseal crew. He stated adequate funds were available in the Street Fund to cover up the
total costs estimated to be $1,060,000.
Councilman Lawrence MOVED to approve the reallocation of budget funding for major road improvement
maintenance contracts as submitted by staff. Councilwoman Wiggishoff SECONDED the motion.
Councilwoman Wiggishoff asked about the disturbances caused by SRP and CCWC's work and how it would affect
the progress with the street maintenance programs. Mr. Harrel said he had met with both parties who would provide
work schedules to enable Town projects to proceed.
The motion CARRIED unanimously.
AGENDA ITEM#18 - CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE
BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS
BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE
ARIZONA OPEN MEETING LAW.)
No one came forward to speak from the public.
,,, AGENDA ITEM #19 - ADJOURNMENT.
Councilman Mower MOVED to adjourn the meeting. Councilman Poma SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 8:07 p.m.
Minutes of the Regular Session of the Town Council 04/03/97
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TOWN OF FOUNTAIN HILLS
L
By:
Ea<_2_,,,'
Bill O'Brien, Vi ayor
A!'!'EST: eA114-4j‘--
Cassie B. Hansen, Town Clerk
PREPARED BY: _ Lc.
.
Linda D. Lemm n, 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 3rd day of April, 1997. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 17th day of April, 1997.
(111100
c I�
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 04/03/97
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