HomeMy WebLinkAbout1998.0507.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MAY 7, 1998
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30
P.M., Thursday, May 7, 1998, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades
Blvd., Building B,Fountain Hills,Arizona.
ROLL CALL -Following the pledge to the flag by Cub Scouts of Pack 243, Lions Den#3, Orlando Moreno and
Mike Nagel and the invocation given by Pastor Mark Derksen of New Life Christian Fellowship, roll call was
taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles,
Vice Mayor Marianne Wiggishoff and Councilmembers Bill O'Brien, Don Lawrence, 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 Planners Jeff
Valder and Geir Sverdrup.
Mayor Miles read the Consent Agenda which consisted of the following agenda items:
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF APRIL 16
AND 30, 1998.
AGENDA ITEM#2 - CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT WITH THE
FOUNTAIN HILLS SANITARY DISTRICT, THE FOUNTAIN HILLS FIRE DISTRICT AND THE
FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT FOR THE JOINT PURCHASING OF FUEL.
AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1998-24, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE NORTHEASTERLY PROPERTY LINE OF LOT 13, BLOCK 1 OF PLAT
505C (15928 E. CENTIPEDE DRIVE), AS RECORDED IN BOOK 158 OF MAPS,PAGE 42 RECORDS OF
MARICOPA COUNTY,ARIZONA. (EA98-07 BASHAW).
AGENDA ITEM #4 - CONSIDERATION OF CHANGING THE STREET NAME OF VULTURE CIRCLE
TO PEAK VIEW COURT.
AGENDA ITEM #5 - CONSIDERATION OF CHANGING THE STREET NAME OF BROKEN BUTTE
TO KERN COURT.
AGENDA ITEM #6 - CONSIDERATION OF AWARD OF BID FOR A TRAILER MOUNTED
ARTICULATING BOOM LIFT.
AGENDA ITEM#7- CONSIDERATION OF A FINAL REPLAT OF PLAT 106,BLOCK 4, LOTS 1 AND 2,
WHICH COMBINES THE TWO LOTS INTO ONE LOT.
Councilman Mower MOVED to approve the Consent Agenda as read. Councilman Poma SECONDED the motion.
A roll call vote was taken with the following results:
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Town Council Regular Session 5/7/98
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Councilman Poma Aye
Vice Mayor Wiggishoff Aye
Councilman Apps Aye
Councilman Lawrence Aye
Councilman Mower Aye
Councilman O'Brien Aye
Mayor Miles Aye
The motion CARRIED.
AGENDA ITEM #8 - PRESENTATION OF PLAQUE OF APPRECIATION TO MARGARET GELINAS
FOR HER SERVICE ON THE PLANNING AND ZONING COMMISSION.
Mayor Miles presented Margaret Gelinas with a plaque for her four years of service on the Planning and Zoning
Commission and thanked her on behalf of the Council.
AGENDA ITEM #9 - CONSIDERATION OF A GRANT AWARD IN THE AMOUNT OF $375,000 FROM
THE JUSTICE DEPARTMENT FOR FIVE FULL TIME LAW ENFORCEMENT POSITIONS IN
FOUNTAIN HILLS. THE GRANT WILL BE USED FOR TWO DEPUTY SHERIFF'S POSITIONS TO
HELP CONTROL THE COST OF CONTRACT SERVICES AND THREE DEPUTY MARSHALS
ASSIGNED TO CRIME PREVENTION DUTIES AND PUBLIC SAFETY SERVICES IN THE TOWN
PARKS AND COMMERCIAL AREAS.
Marshal Steve Gendler announced that the Town had been awarded a grant for $375,000 as part of the community-
oriented policing program. He said this grant would be used for the addition of five positions, two deputy sheriff's
positions and three deputy marshals and would be 75% funded for three years by this award. Crime prevention
efforts would be expanded by the addition of these officers during the evening hours. He said the Town's 25% share
in salary and related expenses for the officers would be $9,400 per officer per year. Marshal Gendler stated over
$750,000 had been received in law enforcement grants to date. Councilman Mower MOVED to accept the grant
award as presented. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #10 - INTRODUCTION OF THE NEW SCHOOL SUPERINTENDENT MARIA
MENCONI.
Ginny Chin,representing the School Board, introduced Dr. Maria Menconi as the new School Superintendent for the
School District. Dr. Menconi told the Council she appreciated the relationship between the School District and the
Town government and said she was looking forward to future programs in conjunction with the Town.
AGENDA ITEM #11 - REPORT BY ALAN CRUIKSHANK ON THE STATUS OF SISTER CITIES
NEGOTIATIONS AND CONSIDERATION OF AUTHORIZING THE MAYOR TO SIGN A SISTER
CITIES AGREEMENT WITH KASTERLEE,BELGIUM.
Alan Cruikshank outlined details of the Sister Cities International program and explained to the Council that the
membership dues to the Town would be $280 per year. He stated that Kasterlee, Belgium had expressed a desire to
become a sister city with our town and was approximately the same size and population as Fountain Hills. To
formalize the association with Kasterlee, an authorization agreement from the Mayor and Council was required.
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Councilman Lawrence MOVED to direct the Mayor to sign the proclamation and memorandum of understanding as
presented. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED unanimously.
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AGENDA ITEM#12 - CONSIDERATION OF ACCEPTING DONATION FROM THE FOUNTAIN HILLS
ROTARY CLUB OF A SNELL JOHNSON SCULPTURE FOR THE AVENUE OF THE FOUNTAINS AND
APPROVING UNBUDGETED TOWN PARTICIPATION IN RELATED WORK.
Director of Public Works Bud Clutter visually displayed pictures of the site where the sculpture would be located
and explained that the sculpture, valued at $15,000, was being donated by the Rotary Club along with a $5000
donation to be applied toward installation costs. The title of the sculpture was "Sip and Splash" and would be
placed at the corner of Avenue of the Fountains and Verde River Drive. Councilman Mower MOVED to accept the
donation from the Fountain Hills Rotary Club. Vice Mayor Wiggishoff SECONDED the motion.
Councilman Lawrence asked Mr. Nordin if the negotiated funds given by MCO at the time the Town assumed
ownership of the medians at the Avenue of the Fountains were earmarked for repairs rather than artwork. Mr.
Nordin stated the $227,000 from MCO Properties was designated for repairs and maintenance for above-ground and
sub-electrical facilities. Councilman Lawrence asked about seating around the fountain. Mr. Clutter explained that
an 18" wall would be constructed immediately around the sculpture as well as two benches set away from the
sculpture. Also spotlights would be installed for night lighting and other improvements would be completed to
make the project ADA approved in nature. Councilman Apps said he supported the project, but encouraged the
Council to devote similar funds for improvements to the live arts.
The motion CARRIED unanimously.
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AGENDA ITEM #13 - PUBLIC HEARING TO CONSIDER ALL PROTESTS AND OBJECTIONS TO
THE PROPOSED TOWN OF FOUNTAIN HILLS COTTONWOODS IMPROVEMENT DISTRICT AND
TO THE TOWN OF FOUNTAIN HILLS COTTONWOODS MAINTENANCE DISTRICT.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:02 p.m.
Mr. Nordin said the Town had followed all the legal requirements to establish the two districts The improvement
district funds would provide installation of sidewalk on Saguaro Boulevard, landscaping for the perimeter wall of
the Cottonwoods Subdivision along with repairs and repainting of the exterior wall. These costs were estimated at
$47,000. The maintenance district would provide for on-going maintenance of the improvements, once established
and were estimated at $3200 annually. He explained that all costs would be borne by the home owners of the
Cottonwoods Subdivision and capital assessments could be paid either in full or amortized over 20 years. The
annual maintenance costs could not exceed $144. No one from the public came forward to speak for or against the
project.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:07 p.m.
AGENDA ITEM#14- CONSIDERATION OF RESOLUTION 1998-22 ORDERING THE IMPROVEMENT
DONE TO THE AREA KNOWN AS THE "COTTONWOODS" AS DESCRIBED IN RESOLUTION 1998-
07 AND DECLARING AN EMERGENCY.
, AGENDA ITEM #15 - CONSIDERATION OF RESOLUTION 1998-23 ORDERING THE OPERATION,
MAINTENANCE, REPAIR AND IMPROVING OF CERTAIN PEDESTRIAN AREAS DESCRIBED IN
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RESOLUTION OF INTENTION NO. 1998-08; AND APPROVING THE ESTABLISHMENT OF THE
COTTONWOODS MAINTENANCE DISTRICT.
Vice Mayor Wiggishoff MOVED to approve Resolution 1998-22 and 1998-23. Councilman Poma SECONDED
the motion. Councilman O'Brien asked if additional work could be included in the improvement district. Mr. Keith
Hoskins, from Gus Rosenfeld, confirmed that the scope of work had been defined for the improvement district and
additional work would have to be separately addressed and approved. He explained that four letters of protest had
been received and the Council could determine whether the letters were substantive or whether the Council would
dismiss and/or overrule the protests. He explained that the consensus of the objection letters were from property
owners whose lots did not back up to the perimeter wall and objected to an assessment for improvements to the wall.
Because four lot owners out of a total of 58 lots had objected, it was determined that there was a lack of majority of
protests and overruled them.
The motion CARRIED unanimously.
Vice Mayor Wiggishoff asked to have staff address the weed problem along the perimeter wall immediately. Mr.
Nordin stated the work planned for the district would need to be included in a bid process, but the weed problem
could be remedied immediately.
AGENDA ITEM #16 - CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE 2-UNIT
GALLERY HOMES, INC. CONDOMINIUMS I, LOCATED AT 14224 IBSEN DRIVE, AKA LOT 10,
BLOCK 5,FINAL PLAT 111,CASE NUMBER S98-011.
Planner Geir Sverdrup stated this project was nearly completed and was requesting a preliminary and final plat.
[ Vice Mayor Wiggishoff MOVED to approve Case Number S98-011. Councilman Lawrence SECONDED the
�r motion, which CARRIED with a 6-1 vote. Councilman Mower cast the nay vote.
AGENDA ITEM #17 - CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE 2-UNIT
SUNRISE VILLAS CONDOMINIUMS,LOCATED AT 13021 N. MIMOSA DRIVE, AKA LOT 32, BLOCK
3,FINAL PLAT 601A,CASE NUMBER S98-013.
Planner Sverdrup stated this two-unit duplex was requiring condominium status and was also nearly completed.
Vice Mayor Wiggishoff MOVED to approve Case Number S98-013. Councilman Lawrence SECONDED the
motion, which CARRIED with a 6-1 vote. Councilman Mower cast the nay vote.
AGENDA ITEM #18 - PRESENTATION ON PHOTO RADAR AND CONSIDERATION OF ITS USE IN
THE TOWN OF FOUNTAIN HILLS.
Mr. Nordin stated leasing of the photo radar equipment and personnel to process the tickets would amount to $200-
$220 per hour or $22,000 per month with a one-time set-up fee of $12,000. He estimated 600 citations would be
generated in each month with estimated net collections from citations of $26,500. After some discussion, it was
determined that the revenue to the Town would be $26,500 per month with an expense of $22,000, thus a $4500
surplus to Town funds per month. Magistrate Shoob stated that currently $18,000 to $20,000 was generated each
month from ticket revenues. Mr. Nordin stated additional expenses would from the Town prosecutor could equal or
exceed the net revenues collected. He explained that equipment for a red light-intersection violation camera could
be installed at a price of$120,000 per intersection and would require additional costs for processing citations.
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Councilman Lawrence asked how the 600 citations per month was developed. Mr. Nordin stated that estimates of
ten pictures per hour, six of which would be collectible, would result from 100 hours per month of photo radar.
firiv Councilman Lawrence took issue with the estimates and comparisons with Scottsdale's and Shea Boulevard's
traffic. Councilman Apps stated he would oppose the photo radar proposal because he calculated the end results
would mean in all probability, nearly 95% of all residents ultimately would receive a citation. On recommendation
from the Council, no further action will be taken regarding photo radar.
AGENDA ITEM #19 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT
TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5. GENERAL
PROVISIONS, SECTION 5.11, TO PERMIT ALL LOTS LOCATED IN PLATS WHERE THE
APPLICATION FOR A PRELIMINARY PLAT WAS RECEIVED PRIOR TO NOVEMBER 3, 1996, TO
BE ALLOWED AT LEAST 12,000 SQUARE FEET OF DISTURBANCE AND IF THE RESIDUAL,AFTER
A DISTURBANCE ALLOWANCE IS CALCULATED IS LESS THAN 6,000 SQUARE FEET, THE
ENTIRE LOT CAN BE DISTURBED.
Director of Community Development Gary Jeppson explained that Ordinance 96-47 had prevented entire lot
disturbance in lots of less than 12,000 square feet. As a result, Mr. Jeppson stated insignificant areas of lands were
being preserved by fencing and these small areas were the subject of the Council initiation of an amendment. He
explained that lots, not covered by the Mower amendment and after the hillside disturbance calculations were made
with less than 5000 square feet remaining, could be entirely disturbed. Also at least 12,000 square feet of
disturbance per lot was another consideration to be addressed in an amendment. Mayor Miles asked how many lots
would be affected by such an amendment. Mr. Jeppson answered that he thought virtually every existing lot in the
community. Councilman O'Brien suggested the fencing requirements be revised rather than creating an
amendment.
Councilman Poma MOVED to initiate an amendment to the Zoning Ordinance in accordance with Mr. Jeppson's
presentation. Councilman Lawrence SECONDED the motion. Vice Mayor Wiggishoff said she opposed the
amendment in its present form and said she supported giving the Community Development Director the discretion to
rule according to an accepted set of guidelines. Councilman Mower stated he was opposed to the amendment
because it went against the preservation of desert lands. Councilman Poma WITHDREW his motion and
Councilman Lawrence WITHDREW the second to the motion. This matter will be returned to staff for further
review.
AGENDA ITEM #20 - PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PERMIT TEMPORARY CARNIVALS,
CIRCUSES, REVIVALS, RODEOS, SWAP MEETS, OUTDOOR SALES AND SIMILAR ACTIVITIES TO
TAKE PLACE MORE THAN FOUR TIMES A YEAR WITH TOWN COUNCIL APPROVAL THROUGH
THE TEMPORARY USE PERMIT PROCESS, CASE NUMBER Z98-07.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:45 p.m.
Mr. Jeppson stated this amendment was created in response to businesses desiring to conduct a farmers'market type
event more than four times a year and that there were currently no provisions in the Code for these sales. He stated
that if an applicant desired to hold an event more than four times a year, Council approval would be necessary. Vice
Mayor Wiggishoff asked about the Council's ability to revoke a permit after such time as the Council deemed it to
be undesirable. Mr. Jeppson stated complaints received could generate a withdrawal of a permit issued by the
Council. No one came forward to speak for or against the amendment.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:48 p.m.
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AGENDA ITEM #21 - CONSIDERATION OF ORDINANCE 98-17, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PERMIT TEMPORARY CARNIVALS,
CIRCUSES, REVIVALS, RODEOS, SWAP MEETS, OUTDOOR SALES AND SIMILAR ACTIVITIES TO
TAKE PLACE MORE THAN FOUR TIMES A YEAR WITH TOWN COUNCIL APPROVAL THROUGH
THE TEMPORARY USE PERMIT PROCESS, CASE NUMBER Z98-07.
Vice Mayor Wiggishoff MOVED to approve Ordinance 98-17 as presented. Councilman Mower SECONDED the
motion, which CARRIED unanimously.
AGENDA ITEM #22 — CONSIDERATION OF AN UNBUDGETED EXPENDITURE FOR EMERGENCY
WASH CLEAN UP.
Mr. Nordin explained that the Council needed to initiate an immediate effort to clean up certain wash areas in town
due to impending fire dangers this summer. He estimated that $100,000 would be required during this fiscal year
and an additional $200,000 expenditure for the next fiscal year. He said a bid procedure would need to be obtained
for the entire project. He identified areas of extreme fire hazards as being in Ashbrook Wash, Balboa Wash and the
El Lago channel south of town. He said the Town was working with homeowners' associations to take action in
their respective, hazardous areas. Councilman Lawrence asked if MCO could be included in bearing part of the
costs for wash cleanup since these washes were given to the Town in an overgrown state. Attorney Farrell stated the
Town had received the washes in an "as is"condition.
Scott LaGreca, Fire Marshal, stated the potential of major fires in the washes would obviously escalate during the
summer months and could possibly destroy properties close to those wash areas. He said that after an inventory had
been completed of all the washes, he felt that the Fire Department had the technology to handle any fire in the
arroyos.
Director of Public Works Bud Clutter stated the areas in the Ashbrook and Balboa Wash was thick with vegetation
and required immediate professional cleanup. Fire lanes would be established to protect the adjacent homes by
washes and removal of dry bushes and dead trees would assist in eliminating fire hazards. He estimated all the work
could be completed by September of this year. Mayor Miles asked Mr. Nordin if there was something the Town
could do to expedite the wash clean up. Mr. Nordin stated he would work with counsel to determine if a public
emergency could justify deviating from the required bid process. Vice Mayor Wiggishoff suggested a vegetation
management plan should be a separate line item in the budget each year to avoid such a large, unexpected
expenditure.
Councilman O'Brien MOVED to approve the expenditure of $100,000 emergency fund for wash fire prevention.
Councilman Poma SECONDED the motion. Mary Pilarinos urged the Council to maintain the washes in a manner
safe to wildlife. Wally Hudson urged the Council to declare a public emergency in the motion. The motion
CARRIED unanimously.
AGENDA ITEM#23 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB.
Judge Shoob called attention to the newly formatted report for the month of April. He stated 370 cases had been
terminated during the month and the report had been broken down to show the number of court cases filed by the
Sheriff's Department and the Marshal's Department as had been previously requested. He said the outstanding
accounts balance represented only 15% of the total amount collected over the entire period since the formation of the
Court,which he ascertained could be the best collection record in the State.
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AGENDA ITEM #24 - CONSIDERATION OF THE RE-APPOINTMENT OF MAGISTRATE STUART
SHOOB AND APPROVING A SALARY INCREASE.
Mayor Miles stated the current contract expired June 30, 1998 and that the renewal of the contract would be for a two=-
year period. Vice Mayor Wiggishoff MOVED to re-appoint Stuart Shoob as Magistrate for the Town at a salary of
$65,000. Councilman Mower SECONDED the motion.
Judge Shoob asked the Council to reconsider the salary amount negotiated in an executive session.
Councilman Lawrence commended Judge Shoob for his outstanding performance as the Magistrate for the Town during
the past eight years. Councilman Lawrence then MOVED to amend the motion to include a salary of$70,000 per year.
Councilman Apps SECONDED the motion, which CARRIED with a 5-2 vote. Mayor Miles and Vice Mayor
Wiggishoff cast the nay votes.
The main motion CARRIED unanimously.
AGENDA ITEM#24-CALL TO THE PUBLIC.
Fire Marshal Scott LaGreca stated an "extreme" level of fire hazard would be immediately put into effect, a
vegetation management plan would be created by Bud Clutter and Lieutenant Murray, and urged the public to be
aware of activities in the washes.
Scott Pickering commended Councilman O'Brien,Lawrence and Mayor Miles for their public services.
AGENDA ITEM#26-ADJOURNMENT.
Councilman Apps MOVED to adjourn the meeting. Councilman Mower SECONDED the motion, which
CARRIED unanimously. Mayor Miles adjourned the meeting at 8:23 p.m.
Town Council Regular Session 5/7/98
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TOWN OF FOUNTAIN HILLS
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By:
Jerry iles,Mayor
A IT BST: jr
}4/t�5 )CLA----;
Cassie B.Hansen,Town Clerk
PREPARED BY: C* L. a .,,,..t.✓
Linda D.Lemmen,Executive Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session
Meeting held by the Town Council of Fountain Hills on the 7th day of May, 1998. I further certify that the
meeting was duly called and that a quorum was present.
DATED this 21st day of May, 1998.
l Jti .461
Cassie B.Hansen,Town Clerk
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Town Council Regular Session 5/7/98
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