HomeMy WebLinkAbout1997.0807.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
AUGUST 7, 1997
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 7, 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 by Cub Scouts Derrick Underwood and Chase Hanna of Pack 8,
Den 243 and the invocation by Councilman Poma, roll call was taken. Present for roll call were the following
members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Bill O'Brien and Councilmembers
Don Lawrence, Marianne Wiggishoff, Sid Apps, Al Poma and Penfield Mower. 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 Planner Jeff Valder.
Mayor Miles removed Agenda Item #3, 5, 6, 10 and 11 from the Consent Agenda for further discussion. He read
the remainder of the Consent Agenda which consisted of the following agenda items:
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 30T",
JULY 1ST, 3RD AND 9T", 1997.
AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1997-32, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE WESTERLY PROPERTY LINE OF LOT 3 AND THE SOUTHERLY
PROPERTY LINES OF LOTS 3, 4, AND 5, BLOCK 4, PLAT 207, (16525, 16537, AND 16605 EAST
GUNSIGHT DRIVE) EXCEPT FOR THE NORTHERLY 20' OF LOT 3, AS RECORDED IN BOOK 147
OF MAPS,PAGE 6 RECORDS OF MARICOPA COUNTY,ARIZONA. (FOUR PEAKS AZ,LLC -EA 97-
18).
AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 1997-40, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE NORTHERLY PROPERTY LINE OF LOT 26,BLOCK 12,PLAT 107,(17136
EAST ORO GRANDE DRIVE), AS RECORDED IN BOOK 141 OF MAPS, PAGE 18 RECORDS OF
MARICOPA COUNTY, ARIZONA. (FAUBERT, PAUL - EA 97-19).
AGENDA ITEM#9-CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 25.82±ACRE,37 LOT
EAGLE MOUNTAIN PARCEL 4 SUBDIVISION, LOCATED IN THE EAGLE MOUNTAIN
DEVELOPMENT SOUTH OF SHEA BOULEVARD AND WEST OF THE PALISADES BOULEVARD
ALIGNMENT, CASE NUMBER S97-008.
AGENDA ITEM #12 - CONSIDERATION OF THE MANAGEMENT AGREEMENT BETWEEN THE
TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY REGARDING THE USE OF COUNTY
ANIMAL SHELTERS.
AGENDA ITEM #13 - CONSIDERATION OF RENEWING THE CONTRACT WITH THE FOUNTAIN
HILLS CIVIC ASSOCIATION FOR MANAGEMENT SERVICES OF THE COMMUNITY CENTER IN
THE AMOUNT OF $34,000.
AGENDA ITEM #14 - CONSIDERATION OF APPROVING THE PARTIAL REVOCATION OF
Minutes of the Regular Session of the Town Council 8/7/97
Page 1 of 11
AGREEMENT AND FULL RELEASE OF USE RESTRICTIONS FOR THE OLD CIVIC CENTER SITE
LOCATED AT MARY MUNDE DRIVE AND AVENIDA VIDA BUENA.
Vice Mayor O'Brien MOVED to approve the Consent Agenda as read. Councilwoman Wiggishoff 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
Mayor Miles Aye
The motion CARRIED.
AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1997-21, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS IN PLATS 101, 101A AND 101B WITH POSSIBLE DIRECTION TO STAFF REGARDING
THE TOWN-WIDE EASEMENT ABANDONMENT PROJECT.
Town Engineer Randy Harrel said Resolution 1997-21 provided for 16 easements in Plats 101 and that he did not
anticipate abandoning additional easements. He stated if future requests for abandonment were submitted,they would
be investigated before the Council would consider them for approval. Councilwoman Wiggishoff MOVED to
approve Resolution 1997-21. Councilman Mower SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1997-33, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN A PORTION OF THE CERTAIN NO VEHICULAR
ACCESS RESTRICTION ALONG WITH WESTERLY PROPERTY LINE OF LOT 11, BLOCK 1, PLAT
103 (16307 ARROW DRIVE), ABANDONING ONLY THE SOUTHERLY 70', AS RECORDED IN BOOK
149 OF MAPS, PAGE 3 RECORDS OF MARICOPA COUNTY, ARIZONA. (SHAW & SONS
CONSTRUCTION - NVA 97-01).
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1997-34, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN A PORTION OF THE CERTAIN NO VEHICULAR
ACCESS RESTRICTION ALONG THE WESTERLY PROPERTY LINE OF LOT 18,BLOCK 8,PLAT 111,
(16308 ARROW DRIVE) ABANDONING ONLY THE NORTHERLY 50',AS RECORDED IN BOOK 150
OF MAPS, PAGE 12 RECORDS OF MARICOPA COUNTY, ARIZONA. (SHAW & SONS
CONSTRUCTION - NVA 97-02).
Mayor Miles asked why cross traffic was being limited on Fountain Hills Boulevard when there appeared to be an
alternative on Arrow Drive. Mr. Harrel stated the map presented in the packet illustrated two driveways onto Arrow
Drive between Palisades and Ashbrook Drive and would accommodate traffic from 22 homes at Arrow Drive.
Councilwoman Wiggishoff said more driveways onto Fountain Hills Boulevard would create a greater traffic hazard.
She MOVED to deny Resolution 1997-33 and 1997-34. Councilman Mower SECONDED the motion which
CARRIED with a 4-3 vote. Councilman Poma, Lawrence and Apps cast the nay votes.
AGENDA ITEM#8-CONSIDERATION OF RESOLUTION 1997-35,RESCINDING RESOLUTION 1996-22,
Minutes of the Regular Session of the Town Council 8/7/97
Page 2 of 11
WHICH HAD PROPOSED TO ABANDON CERTAIN RIGHTS-OF-WAY ALONG GOLDEN EAGLE BLVD
AND BAINBRIDGE AVENUE.
Councilman Lawrence declared a conflict of interest and abstained from discussion and voting on this agenda item.
Town Engineer Harrel said a request had been received from the Golden Eagle Homeowners Association. The
request asked the Council for additional time to review the abandonment. Vice Mayor O'Brien MOVED to continue
this matter until September 4, 1997. Councilman Apps SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #10 - CONSIDERATION OF THE PRELIMINARY PLAT FOR "HACIENDA VISTA
CONDOMINIUMS" A TEN UNIT CONDOMINIUM PROJECT LOCATED AT 12609 NORTH LA
MONTANA DRIVE, AKA LOT 1, BLOCK 1, FINAL PLAT 207, CASE #S97-035.
Director of Community Development Gary Jeppson stated the 10-unit,2-story Hacienda Vista Condominiums project
was located at Gunsight Drive and La Montana Drive. He said a stipulation provided for the paving of a 24' width
strip of the alleyway between Gunsight Drive to the site driveway. Councilwoman Wiggishoff asked if the open
parking spaces were covered. A representative from Rhinehart Construction stated that the open parking spaces were
covered carports and that construction had not been started. Councilman Apps MOVED to approve the Preliminary
Plat for Hacienda Vista Condominiums at 12609 North La Montana Drive. Councilman Poma SECONDED the
motion which CARRIED with a 6-1 vote. Councilman Mower cast the nay vote.
AGENDA ITEM #11 - CONSIDERATION OF PRELIMINARY PLAT FOR "PUEBLO VISTA
CONDOMINIUMS" A FOUR UNIT CONDOMINIUM PROJECT LOCATED AT 12836 NORTH
MOUNTAINSIDE DRIVE, AKA LOT 10, BLOCK 3, FINAL PLAT 601-A, CASE #S97-036.
Mayor Miles said he was concerned about the square footage of the condominiums which was between 686-724
square feet per unit with a covered patio. Councilman Apps MOVED to approve the Preliminary Plat for Pueblo
Vista Condominiums at 12836 N. Mountainside Drive. Councilman Lawrence SECONDED the motion.
Ty Coffendecker said he was familiar with the plans and said he thought the town houses were 1400 square feet in
size and affirmed that they were under construction at the present time. Since the applicant was not present to clarify
the square footage, Councilman Poma MOVED to continue until the next meeting. Councilman Mower
SECONDED the motion which CARRIED with a 5-2 vote. Councilman Lawrence and Vice Mayor O'Brien cast
the nay votes.
AGENDA ITEM#15 - CONSIDERATION OF AWARDING THE BID FOR ACID AND FERTILIZATION
MATERIALS AND EQUIPMENT PURCHASE FOR FOUNTAIN PARK TO ENVIRONMENTAL
SOLUTIONS IN THE AMOUNT OF $27,197
Town Engineer Randy Harrel said a proposal for an acid and fertilizer pump system for one year to be used at
Fountain Park should result in a decrease in the budgeted amount of$34,000 for fertilizer because it replaced the
gypsum fertilizer. He thought the acid system was a better system and stated that budget amounts for next year
would be decreased due to this year's equipment purchases. Councilman Lawrence MOVED to approve the bid of
Environmental Solutions for acid and fertilization materials in the amount of$27,197. Councilwoman Wiggishoff
SECONDED the motion which CARRIED unanimously.
Minutes of the Regular Session of the Town Council 8/1/97
Page 3 of 11
AGENDA ITEM #16 - PRESENTATION OF APPRECIATION PLAQUE TO RICK DURKEE FROM
FIREWORKS PRODUCTION INTERNATIONAL, INC. FOR THE JULY FOURTH FIREWORKS
DISPLAY.
Councilman Poma expressed his appreciation to the Parks & Recreation staff and all those who helped to make the
Fourth of July celebration a complete success. He stated donations from the community had resulted in abundant
contributions over and above the expenditures for the event. Mayor Miles presented a plaque to Rick Durkee,owner
of Fireworks Production International,Inc.,a local company,on behalf of the Council in appreciation for his services.
Councilman Poma pointed out that the reduction in charges from Fireworks Production was greatly responsible for
the financial success of the event.
AGENDA ITEM#17-CONSIDERATION OF ACCEPTING THE RESIGNATION OF CHAIRMAN WALT
FRANKLIN FROM THE COMMUNITY CENTER ADVISORY COMMISSION AND CONSIDERATION
OF A PROCEDURE FOR APPOINTING A REPLACEMENT.
Mayor Miles pointed out that Mr. Franklin had withdrawn his resignation as Chairman of the Community Center
Advisory Commission.
AGENDA ITEM #18 - DISCUSSION OF SIGNAGE IN THE PUBLIC RIGHTS-OF-WAY INCLUDING
TRIANGULAR SIGNS AND THE STATUS OF THE IMPLEMENTATION OF THE TOWN'S
DIRECTIONAL SIGNAGE PLAN.
Mr. Jeppson stated the design and colors of the signage had been previously approved but the determination of the
location and content of 33 signs would be brought to the Council in about a month. He said the signs would all be
directional signs, some to community facilities as well as golf courses and major developments. Mayor Miles said
he had received many calls regarding the triangular signs and said he preferred to eliminate the signs because they
were unsightly and presented a traffic hazard. Vice Mayor O'Brien said he could support a total ban of signs.
Councilman Mower said he could support a total ban on signs in the right of ways but allow them on private
property. Councilman Apps suggested a permit be issued along with a fee collected for temporary off premise signs
as well as permanent signs. Councilwoman Wiggishoff said she thought the problems with signage on the main
streets was the most offensive problem. Councilman Poma stated Chandler and Mesa required yearly permits with
fees for signage. He said he could support a ban on signs on weekdays and restricted use of signs on weekends with
a permit. Councilman Lawrence said he could support a consideration of total ban of signs but that the public should
have an opportunity to respond to a draft ordinance.
Mayor Miles asked staff to draft an ordinance prohibiting signs for a September public hearing. Vice Mayor O'Brien
asked if the contents of signs could be regulated so it was not possible to distinguish signs as to the type of business.
Town Attorney Bill Farrell said signage could not be regulated.
AGENDA ITEM#19 - DISCUSSION OF FOUNTAIN PARK FACILITY USAGE FEES WITH POSSIBLE
DIRECTION TO STAFF.
Mr.Nordin said the previous fees charged by MCO Properties had been reduced to$45.00 per event on a temporary
basis to allow the Parks & Recreation Commission to make a recommendation for the permanent fee structure. He
anticipated the fee schedule would be presented to the Council in October.
Minutes of the Regular Session of the Town Council 8/7/97
Page 4 of 11
AGENDA ITEM #20 - CONSIDERATION OF ESTABLISHING A PRESERVATION TRUST WITH THE
ARIZONA COMMUNITY FOUNDATION TO PROVIDE A FUNDING MECHANISM FOR THE
MCDOWELL MOUNTAIN PRESERVATION EFFORTS.
Councilwoman Wiggishoff stated the formation of a Fountain Hills Community Foundation within the Arizona
Community Foundation structure would facilitate a trust to accommodate donations in aid of preservation efforts for
the McDowell Mountains. Since a bond issue question would be present on November 4th, she said it would seem
appropriate at this time to proceed with the formation of a trust. Councilwoman Wiggishoff MOVED to direct staff
to take steps to proceed relative to the formation of a trust entity with the Arizona Community Foundation.
Councilman Poma SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#21-CONSIDERATION OF RESOLUTION 1997-37,AMENDING RESOLUTION 1997-28
BY CLARIFYING THE LOCATION OF REAL PROPERTY THAT COULD BE ACQUIRED UPON THE
SUCCESSFUL AUTHORIZATION TO ISSUE AND SELL$6,000,000 PRINCIPAL AMOUNT OF GENERAL
OBLIGATION BONDS, PROJECT OF 1997.
Town Attorney Farrell said when the Council adopted Resolution 1997-28 which adopted the $6,000,000 bond issue
question for the November election there were concerns about what the principal could be used for and that the
Council had indicated their approval to insert language in the ballot question relative to the location of the McDowell
Mountains. He said the bond counsel had contacted him and had indicated that five specific sections be defined.
Councilman Lawrence asked if the ballot language would contain the language "commonly known as the McDowell
Mountains". Mr. Farrell said that the bond counsel had objected to that language because of the difficulty of
determining certification of the exact location in the event of a purchase. He said Resolution 1997-37 would legally
clarify the location.
Councilwoman Wiggishoff MOVED to approve Resolution 1997-37 as presented. Councilman Apps SECONDED
the motion which CARRIED unanimously.
AGENDA ITEM#22-REPORT FROM THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION
CONCERNING THE POSSIBLE ACQUISITION OF THE LAKESIDE VILLAGE PROPERTIES.
Roy Kinsey, Chairman of the McDowell Mountain Preservation Commission, referred to a report given to the
Council regarding the recommendations as to acquisition of the Lakeside Village properties. He said the first priority
would be to acquire the 65 acres around Fountain Lake where views could become obstructed with development.
He said the second priority would be to acquire the 25.5 acre parcel not adjacent to the Lake. The third priority
would be to rezone the entire area to "R1-10" single family dwellings rather than multi-family.
Vice Mayor O'Brien MOVED to accept the report from the McDowell Mountain Preservation Commission as
presented including the prioritization. Councilman Apps SECONDED the motion. There were no comments from
the public. The motion CARRIED unanimously. Mayor Miles suggested conversations begin with the principals,
MCO Properties and New American Homes in an attempt to preserve the present views, to establish hiking trails
and to determine future purchase costs in this matter.
AGENDA ITEM #23 - CONSIDERATION OF RESOLUTION 1997-39, ADDING A BALLOT QUESTION
TO A SPECIAL BOND ELECTION TO BE HELD IN AND FOR THE TOWN OF FOUNTAIN HILLS,
ARIZONA, ON NOVEMBER 4, 1997, TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE
Minutes of the Regular Session of the Town Council 8/7/97
Page 5 of 11
QUESTION OF AUTHORIZING THE ISSUANCE AND SALE OF $3,500,000 PRINCIPAL AMOUNT OF
GENERAL OBLIGATION BONDS, PROJECT OF 1997.
LorVice Mayor O'Brien suggested either to postpone putting the bond issue on the ballot or in the alternative to adjust
the amount of the bond issue to reflect the recommendation of the McDowell Mountain Preservation Commission
to purchase only the 65 acre parcel. Mayor Miles said he thought having two bond issues on the same ballot would
cause them both to fail. He suggested part of the Lakeside Village property could be obtained with alternative
resources other than a bond issue. Vice Mayor O'Brien stated he didn't want to use the Town's existing surplus that
had accumulated over the past eight years. He said he felt the bond issue was a reasonable mechanism to acquire
property.
Town Attorney Farrell stated the ballot question would need to be approved at this time and Town Clerk Cassie
Hansen verified that the County had requested any ballot language be submitted to the County by the third week in
August. Vice Mayor O'Brien MOVED to approve a ballot question for a bond issue in the amount of$2 million.
Councilman Poma SECONDED the motion
Councilman Apps MOVED to continue this discussion to a later date. There was no second to the motion, the
motion FAILED.
Councilwoman Wiggishoff said she was concerned about the ballot language in the description of the bond issue
question and suggested focusing on only one bond issue, the McDowell question. John Wyman, a former member
of the McDowell Mountain Preservation Commission, said he had resigned to avoid a conflict of interest and
accepted a position as Chairman of the Bond Committee to raise the money necessary for preservation of the
McDowell Mountains. He expressed concerns about having two bond issues on the same election day. JoAnn
Daniels urged the Council to continue with negotiations relative to the acquisition of the Lakeside Village property
rather than place it as a bond issue question. Edwin Keye also urged the Council not to jeopardize the success of
the McDowell Mountain bond issue. John Welsh asked for clarification of the exact locations in order to prevent
the public from being confused and voting against the McDowell Mountain bond issue.
The motion CARRIED with a 5-2 vote. Councilman Poma and Vice Mayor O'Brien cast the nay votes.
AGENDA ITEM#24- CONSIDERATION OF ORDINANCE 97-12, CREATING A CHAPTER 19 OF THE
FOUNTAIN HILLS TOWN CODE TITLED,PUBLIC ART,WHICH CREATES A TOWN OF FOUNTAIN
HILLS PUBLIC ART COMMISSION; AND ESTABLISHES A PUBLIC ART FUND. (THIS ITEM WAS
TABLED AT THE 7/3/97 COUNCIL MEETING.)
Mayor Miles reviewed the previous discussions concerning the formation of a Public Art Commission and noted that
the Council had favored the Commission but had decided against the assessing of a fee to support the Commission.
Councilman Apps had suggested several amendments which included the performing arts as well as the visual arts.
Mayor Miles suggested alternatives either to authorize the seventeen-member Fountain Hills Civic Association's Arts
Council to become the Public Art Commission or to adopt Ordinance 97-12. Councilman Lawrence MOVED to
direct staff to draft a revision to Ordinance 97-12 to include Councilman Apps' suggestions for consideration.
Councilman Mower SECONDED the motion.
Edwin Keye suggested a commission for the arts be established and should include a broader scope. Linda
Ferrington asked if the Arts Council would need to become its own entity. Mayor Miles answered that the Arts
Council was a sub-committee of the Fountain Hills Civic Association and would control all the funds of the Arts
Council. The motion CARRIED unanimously.
Minutes of the Regular Session of the Town Council 817/97
Page 6 of 11
AGENDA ITEM #25 - CONSIDERATION OF ORDINANCE 97-25, AMENDING THE TOWN CODE,
CHAPTER 12, TRAFFIC,ARTICLE 12-4, PRIVATE PARKING, BY ADDING A NEW SECTION, 12-4-7,
PARKING IN RESIDENTIAL AREAS, PROHIBITING PARKING WITHIN THE FRONT YARD OF A
RESIDENCE IN AN AREA NOT IMPROVED FOR SUCH USE. (THIS ITEM WAS TABLED AT THE
7/3/97 COUNCIL MEETING.)
Town Attorney Farrell stated this ordinance had been revised to reflect allowable parking in areas with approved
driveways constructed to conform with the Town's Engineering Department Residential Driveway Policy.
Councilwoman Wiggishoff MOVED to approve Ordinance 97-25 as presented. Councilman Poma SECONDED
the motion. Larry Pritchard asked if all vehicles, whether licensed or not, would be allowed to park in the driveway.
Mayor Miles stated there were other ordinances which governed non-licensed vehicles. John Kavanagh asked if
parking was allowed on the unimproved areas in side yards. Mayor Miles said the ordinance would prohibit side
yard parking unless it was within an enclosed area. The motion CARRIED with a 6-1 vote. Vice Mayor O'Brien
cast the nay vote.
AGENDA ITEM #26 - CONSIDERATION OF ORDINANCE 97-27, AMENDING THE TOWN CODE,
CHAPTER 12, TRAFFIC, ARTICLE 12-3, PARKING, SECTION 12-3-8 PARKING OF COMMERCIAL
VEHICLES, BY PROVIDING FOR AN ANNUAL PERMIT FOR OVERNIGHT PARKING OF
EMERGENCY RESPONSE VEHICLES WITHIN THE PUBLIC RIGHTS-OF-WAY.
Town Attorney Farrell explained that the issue of certain commercial vehicles which needed to be available for 24-
hour service had become a problem in the interpretation of the recently passed Ordinance 97-24 to ban overnight
parking. He said an amendment contained in Ordinance 97-27 permitted the parking of one emergency response,
on-call commercial vehicle on the street upon receipt of payment of a$50.00 fee for a one-year permit. Councilman
Apps MOVED to approve Ordinance 97-27 as presented. Vice Mayor O'Brien SECONDED the motion.
lw Vice Mayor O'Brien MOVED to amend the motion to delete the $50.00 fee. Councilman Poma SECONDED the
amendment which CARRIED with a 6-1 vote. Councilman Lawrence cast the nay vote.
Mark Harness, owner of All-Pro Towing, spoke in support of the ordinance. He said the response time of 30
minutes was allowed by the Sheriff's Department and DPS allowed ten minutes to leave the house and two minutes
rolling time per mile. Dennis Contino asked about leased vehicles. Mayor Miles clarified that emergency
commercial vehicles were the topic of this ordinance. Town Marshal Steve Gendler supported the ordinance to allow
the exemption of one emergency response vehicle by permit to be parked on any public street. Lt. Gary Gregory
stated that tow trucks were sometimes used in emergency situations and supported the ordinance.
The motion CARRIED with a 5-2 vote. Councilman Lawrence and Councilwoman Wiggishoff cast the nay votes.
AGENDA ITEM #27 - CONSIDERATION OF ORDINANCE 97-26, AMENDING THE TOWN CODE,
CHAPTER 10, HEALTH AND SANITATION,ARTICLE 10-2,LITTERS NUISANCES, SECTION 10-2-16,
ABATEMENT OF NUISANCES, AND SECTION 10-2-17, PENALTIES AND ARTICLE 10-4, REMOVAL
OF LITTER, SECTION 10-4-1, NOTICE TO REMOVE, AND SECTION 10-4-5, LIEN FOR REMOVAL,
TO COMPLY WITH STATE STATUTES.
Councilman Lawrence MOVED to approve Ordinance 97-26 as presented. Councilwoman Wiggishoff SECONDED
the motion which CARRIED unanimously.
Lwo Minutes of the Regular Session of the Town Council 8l7/97
Page 7 of 11
AGENDA ITEM #28 - CONSIDERATION OF APPROVING A HEALTH INSURANCE PLAN FOR THE
EMPLOYEES OF THE TOWN OF FOUNTAIN HILLS.
Vice Mayor O'Brien declared a conflict of interest and withdrew from discussion and voting on this matter.
Town Manager Nordin called attention to the staff report which contained bids from various companies for group
health insurance for the Town's employees. He recommended that the Council award the current health insurance
plan with CCN-Elect (John Alden) until December 31, 1997 and transfer to the Mayo Health Plan Arizona on
January 1, 1998 for the remainder of the fiscal year. Councilman Lawrence MOVED to approval of the health
insurance plan known as Mayo Health Plan Arizona beginning in January 1, 1998 and continuing with the current
health plan until that date. Councilman Poma SECONDED the motion.
Councilwoman Wiggishoff said she understood the importance to employees about keeping a continuity of care by
using Mayo Clinic doctors but stated that there were other plans which provided insurance coverage to use Mayo
doctors. She objected to the high level of insurance currently awarded to employees with no deductibles and first
dollar coverage. She expressed disappointment that staff provided no effort was used to explore cafeteria style plans
or any other alternatives to control costs. She said she wanted further study for insurance plans. Councilman Mower
said he didn't know of any corporation that provided insurance with no deductibles and further study was needed.
Councilwoman Wiggishoff MOVED to continue discussion until the next meeting and direct staff to examine
insurance plans further. Councilman Mower SECONDED the motion which FAILED with a 3-3 roll call vote.
Councilman Mower,Councilwoman Wiggishoff and Mayor Miles cast the aye votes. Vice Mayor O'Brien abstained
from voting.
Town Manager Nordin said cafeteria plans had been explored as a possibility but that the number of employees
wasn't large enough to be included under these plans. He pointed out that the Sanitary District has the same type
of current coverage as Town employees. The motion CARRIED with a 4-2 roll call vote. Councilman Mower and
Councilwoman Wiggishoff cast the nay votes.
L
AGENDA ITEM #29 - PUBLIC HEARING ON RESOLUTION 1997-36, ADOPTING THE TENTATIVE
BUDGET AS THE 1997/98 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
Mayor Miles recessed the Regular Session of the Town Council meeting and opened the public hearing at 9:07 p.m.
Mr. Nordin said the Red Cross Shuttle Bus service had been approved in the tentative budget for the purpose of
connecting with the Valley transportation system. Ivor Turner said he thought the Red Cross provided adequate
service to the Mayo Clinic without the addition of another shuttle service. He said there were needs for service to
Mesa and that further study was needed to determine the needs of residents. Phyllis Smith,an employee of Maricopa
County, said the shuttle bus service would be available to all residents rather than limiting service to senior citizens
or hardship cases. She said this program was a pilot project in the County.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 9:15 P.M.
AGENDA ITEM #30 - CONSIDERATION OF RESOLUTION 1997-36, ADOPTING THE TENTATIVE
BUDGET AS THE 1997/98 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
Vice Mayor O'Brien MOVED to approve Resolution 1997-36 to adopt the Tentative Budget as the 1997-98 Fiscal
Budget for the Town of Fountain Hills. Councilman Apps SECONDED the motion which CARRIED unanimously.
Minutes of the Regular Session of the Town Council 8/7/97
Page 8 of 11
AGENDA ITEM #31 - CONSIDERATION OF RESOLUTION 1997-38, AMENDING THE PAY
RESOLUTION FOR EMPLOYEES IN THE MUNICIPAL SERVICE OF THE TOWN OF FOUNTAIN
HILLS.
Town Clerk Cassie Hansen thanked Councilman Poma and Lawrence for their assistance in completing the pay
resolution. She explained that the old pay resolution was obsolete and did not properly represent the existing
employees. The Salary and Wage Study which included all cities and towns in Maricopa County was used in
determining baseline salaries for each current position as well as new and reclassified positions. She pointed out
that the Sanitary District salary ranges factored in the Street Department employees' ranges. She said the committee
wanted to make sure that none of the existing positions fell below the minimum of the salary and wage ranges nor
would any employee receive an increase due to the adoption of the pay resolution. Councilwoman Wiggishoff asked
where the Town's wages fit in the overall average of all cities and towns in Maricopa County. Ms. Hansen answered
that the rank varied by position but that the Town's wages were competitive and towards the middle of the scale.
Councilman Poma MOVED to approve Resolution 1997-38. Councilman Lawrence SECONDED the motion which
CARRIED unanimously.
AGENDA ITEM #32 - CONSIDERATION OF SPECIAL USE PERMIT REVOCATION OF MARVIN
HAMANN.
Director of Community Development Gary Jeppson stated he had visited the site and that a landscape plan had been
submitted and installed along with a sprinkler system, decomposed granite spread out on the site and the northern
gate panels had been painted which completed all the stipulations required. He recommended the special use permit
be continued and not be revoked. There was no motion on this issue.
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AGENDA ITEM #33 - PUBLIC HEARING ON ORDINANCE 97-28, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REQUIRE SPECIAL USE PERMITS FOR ALL
MULTI-FAMILY UNITS LOCATED IN BUILDINGS CONTAINING THREE (3) OR MORE UNITS IN
THE M-1, M-2, M-3, R-3, R-4, AND R-5 ZONING DISTRICTS, CASE NUMBER Z97-11.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:24 p.m.
Mr. Jeppson stated the ordinance would require a special use permit for all buildings containing three or more units.
He said the Planning & Zoning Commission had recommended approval with a 5-1 vote. Phyllis Kern called this
ordinance bad legislation and urged the Council to take care of its own government problems and not try to regulate
businesses. Gregg Bielli, MCO Properties, opposed the ordinance and termed it as unnecessary. Miller Collins
opposed the ordinance and stated that additional procedures to obtaining permits was not needed.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 9:29 p.m.
AGENDA ITEM #34 - CONSIDERATION OF ORDINANCE 97-28, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REQUIRE SPECIAL USE PERMITS FOR ALL
MULTI-FAMILY UNITS LOCATED IN BUILDINGS CONTAINING THREE (3) OR MORE UNITS IN
THE M-1, M-2, M-3, R-3, R-4, AND R-5 ZONING DISTRICTS, CASE NUMBER Z97-11.
Councilman Mower MOVED to approve Ordinance 97-28. Councilwoman Wiggishoff SECONDED the motion.
Mayor Miles stated he thought there was a role for government to play to administer business and that the quality
LMinutes of the Regular Session of the Town Council 87/97
Page 9 of 11
of development was important. He said he didn't feel this ordinance represented the solution to current problems
facing the Town. Vice Mayor O'Brien stated special use permits could be arbitrary in nature and that the denial of
a special use permit did not need to be defended. Councilman Mower said he thought the ordinance would curb the
number of requests for changing apartments to condominiums and that quality growth in the Town would be more
readily guaranteed. He said it would serve as a guide for development and serve as a safety aspect for multi-family
buildings. Councilman Lawrence said he considered this ordinance as another layer of red tape which punished
builders who had not intended to request a condominium status for their buildings. The motion FAILED with a 6-1
vote. Councilman Mower cast the aye vote.
AGENDA ITEM#35-CONSIDERATION OF REDUCING THE FEES FOR SWIMMING POOL PERMITS.
Mr. Jeppson said he had been approached by two contractors regarding fees charged in connection with swimming
pool permits. He said plumbing and electrical fees were being charged in connection with the 1994 Uniform
Building Codes. He suggested the elimination of electrical and plumbing permit fees would reduce a $20,000
swimming pool permit by $98.50-$128.50 per permit. He said other communities used alternative fee schedules
which charged one flat fee for a swimming pool regardless of size and others charged by the square footage.
Councilman Lawrence MOVED to approve staff recommendations for reducing the fees for swimming pool permits
by eliminating plumbing and electrical fees. Councilman Apps SECONDED the motion. Vice Mayor O'Brien said
he preferred to leave the fees at the current level. Mr. Jeppson said he didn't feel that there would be a reduction
in the number of pool permits if the fees were reduced. Councilman Lawrence supported the reduction in fees as
recommended by staff. The motion FAILED with a 4-3 vote. Councilman Poma, Lawrence and Apps cast the aye
votes.
AGENDA ITEM #36 - CONSIDERATION OF ORDINANCE 97-29, CHANGING SPEED LIMITS ON
PORTIONS OF PALISADES BOULEVARD, PALOMINO BOULEVARD, EL LAGO BOULEVARD,
GOLDEN EAGLE BOULEVARD AND DEL CAMBRE AVENUE, LEAVING SPEED LIMITS
UNCHANGED ON FOUNTAIN HILLS BOULEVARD, LA MONTANA, AND PANORAMA; SETTING
SPEED LIMITS ON EAGLE RIDGE DRIVE AND AVENUE OF THE FOUNTAINS; AND DECLARING
AN EMERGENCY.
Town Engineer Randy Harrel stated that ten different road segments had been evaluated and changes were being
requested for five of them as well as to set speed limits on two road currently under construction. He recommended
the Council declare an emergency clause for this ordinance to enable immediate changes in speed limits prior to the
start of the school year. He stated that the rationale after examining the speed studies was to take a median speed
as the speed limit. Councilman Lawrence MOVED to approve Ordinance 97-29 as presented. Councilwoman
Wiggishoff SECONDED the motion.
Vice Mayor O'Brien MOVED to amend the speed limit on Palomino Boulevard from 25 to 30 miles per hour.
Councilman Poma SECONDED the motion. James Perron and Frank Potts, both residents on Palomino Boulevard,
urged the Council to conduct radar enforcement on Palomino, especially of truck traffic, and set the speed limit at
30 miles per hour. The amendment CARRIED unanimously.
Councilman Lawrence said the Marshal's Department should enforce truck traffic on Palomino. He suggested a
second speed limit for trucks making local deliveries could be established. Mr. Harrel said he hadn't observed a
greater need for limits of truck traffic speed on Palomino Boulevard when compared to any other street with
significant grades. Councilman Lawrence suggested trucks should have a separate speed limit and asked staff to
establish a maximum speed limit of 25 miles per hour on any street not on designated truck routes. No action was
taken on Councilman Lawrence's suggestion. The motion CARRIED unanimously.
Minutes of the Regular Session of the Town Council 8/7/97
Page 10 of 11
AGENDA ITEM #37 - CONSIDERATION OF ASSUMING FINANCIAL RESPONSIBILITY OF THE
LAKESIDE VILLAGE STREET LIGHTING.
Mayor Miles asked for clarification as to whether if the Town took over the financial responsibility of assuming the
street lighting, could the Town eliminate some of the lights. He thought some of the homeowners associations had
a contractual obligation to MCO and he stated he didn't want to violate those obligations. Town Attorney Farrell
said he had not received a copy of any deed agreement but would check out the legal ramifications. Vice Mayor
O'Brien MOVED to table consideration of the Lakeside Village street lighting until more information was available.
Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #38 - 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 from the public to speak.
AGENDA ITEM #39 - ADJOURNMENT.
Councilman Mower MOVED to adjourn the meeting. Vice Mayor O'Brien SECONDED the motion
which CARRIED unanimously. The meeting adjourned at 10:07 P.M.
TOWN OF FOUNTAIN HILLS
Lir
By: j/7/vi
Mile , ayor
ATTEST: aL L
`26-4^-4-4—.)
Cassie B. Hansen, Town Clerk
PREPARED BY: ole..Gozce4
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 7th day of August, 1997. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 18th day of August, 1997.
Cassie B. Hansen, Town Clerk
41111100 Minutes of the Regular Session of the Town Council 8/7/97
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