HomeMy WebLinkAbout1998.0806.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
AUGUST 6, 1998
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M.,
Thursday, August 6, 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 and a moment of silence, roll call was taken. Present for roll call were
the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Al Poma and
Councilmembers John Wyman, Sid Apps, Marianne Wiggishoff, and Penfield Mower. Councilwoman Sharon Hutcheson
was absent. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen,
Town Engineer Randy Harrel, Interim Director of Community Development Andrew McGuire and Planners Jeff Valder
and Geir Sverdrup.
Mayor Morgan read the Consent Agenda, which consisted of the following agenda items. Agenda Item#5 was withheld
for separate discussion.
AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 30TH,JULY
2ND AND JULY 16TH, 1998.
AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION
SUBMITTED BY THE SUNRISE KIWANIS CLUB FOR OCTOBERFEST ON FRIDAY (5:00 P.M. TO 9:00
P.M.) AND SATURDAY (11:00 A.M. TO 9:00 P.M.),.OCTOBER 9TH AND 10TH, 1998. THE REQUEST IS FOR
A BEER GARDEN IN CONJUNCTION WITH THE OCTOBERFEST ACTIVITIES SPONSORED BY THE
GERMAN CLUB. THE EVENT WILL BE HELD IN THE WEST END OF FOUNTAIN PARK—NO STREET
CLOSURES ARE REQUESTED.
AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
GERMAN CLUB FOR OCTOBERFEST ON FRIDAY (5:00 P.M. TO 9:00 P.M.) AND SATURDAY (11:00 A.M.
TO 9:00 P.M.), OCTOBER 9TH AND 10TH, 1998. THE FUND-RAISING EVENT WILL BE HELD IN THE
WEST END OF FOUNTAIN PARK AND FEATURE A 10,000 SQUARE FOOT TENT, BEER, BRATWURST,
GERMAN DJ AND BAND, RIDES AND FACE PAINTING FOR CHILDREN, AND LOCAL TALENT. NO
STREET CLOSURES ARE REQUESTED.
AGENDA ITEM #4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY DAVID
LUCHT OF THE ASSOCIATION OF IN-LINE SKIING FOR A DOWNHILL IN-LINE SPEED COMPETITION
TO BE HELD ON SATURDAY, SEPTEMBER 26, 1998 FROM 8:00 A.M. TO NOON. THE EVENT WILL BE
HELD ON A PORTION OF GOLDEN EAGLE BOULEVARD BETWEEN CERRO ALTO DRIVE AND ASPEN
DRIVE AND WILL CAUSE PERIODIC, CONTROLLED INTERRUPTIONS IN THE FLOW OF TRAFFIC.
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1998-41, ABANDONING THE FINAL PLAT
FOR HACIENDA VISTA CONDOMINIUMS A 10-UNIT CONDOMINIUM PROJECT LOCATED AT 12609
N LAMONTANA DRIVE,AKA LOT 1,BLOCK 1,PLAT 207. CASE#S98-024
AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 1998-36, ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN CERTAIN SEWER EASEMENT LOCATED ALONG THE
SOUTHERLY PROPERTY LINES OF LOTS 18, 19 & 20, OF THE EAGLE MOUNTAIN PLAT (LOT 18 —
9402 N. INDIGO HILL DRIVE, LOT 19 — 15003 E. TWILIGHT VIEW DRIVE, AND LOT 20 — 15007 E.
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Page 1 of 11
TWILIGHT VIEW DRIVE), AS RECORDED IN BOOK 436 OF MAPS, PAGE 32 RECORDS OF MARICOPA
COUNTY,ARIZONA. (EAGLE MOUNTAIN INVESTORS, LLC - EA98-17).
AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 1998-37, ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS
NORTHERLY AND EASTERLY PROPERTY LINES OF LOT 31, BLOCK 9, PLAT 111 (14059 NORTH
HAMPSTEAD DRIVE), AS RECORDED IN BOOK 150 OF MAPS, PAGE 12 RECORDS OF MARICOPA
COUNTY,ARIZONA. (SCHULTZ—EA98-19).
AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 1998-38, ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS
LOCATED ALONG THE SOUTHERLY PROPERTY LINES OF LOT 3, BLOCK 2, PLAT 303 (17407
GRANDE BLVD.),AS RECORDED IN BOOK 147 OF MAPS,PAGE 4 RECORDS OF MARICOPA COUNTY,
ARIZONA. (BAILEY- EA98-20).
AGENDA ITEM#10 - CONSIDERATION OF RESOLUTION 1998-39, ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS
LOCATED ALONG THE NORTHWESTERLY PROPERTY LINES OF LOT 5,BLOCK 1,PLAT 201A (11818
NORTH NIGHTINGALE CIRCLE), AS RECORDED IN BOOK 150 OF MAPS, PAGE 30 RECORDS OF
MARICOPA COUNTY,ARIZONA. (WALLACE NICHOLAS- EA98-21).
AGENDA ITEM #11 - CONSIDERATION OF AWARDING AN ENGINEERING CONTRACT TO CK
ENGINEERING IN THE AMOUNT OF $17,500 FOR TRAFFIC SIGNAL MODIFICATIONS AT
SHEA/FOUNTAINS HILLS BOULEVARD AND SAGUARO/PALISADES BOULEVARD.
AGENDA ITEM#12 - CONSIDERATION OF AWARDING AN ENGINEERING CONTRACT TO BURGESS
& NIPLE IN THE AMOUNT OF $16,200 FOR THE SHEA BOULEVARD BIKE LANES AND MEDIANS,
TRAFFIC CALMING,AND PLAN REVIEW.
Councilman Poma MOVED to approve the Consent Agenda as read. Councilman Apps SECONDED the motion.
A roll call vote was taken with the following results:
Councilman Apps Aye
Councilman Wyman Aye
Councilman Mower Aye
Mayor Morgan Aye
Vice Mayor Poma Aye
Councilwoman Wiggishoff Aye
The motion CARRIED.
AGENDA ITEM#5 - CONSIDERATION OF THE AWARD OF BID TO COMMERCIAL LITHOGRAPHERS
IN THE AMOUNT OF$8,184 FOR PRINTING OF THE FOCUS,THE TOWN NEWSLETTER.
Councilman Apps asked about the ability to install a zip drive on the Parks & Recreation computers for the
electronic transfer of files and what the costs would be involved. Director of Parks & Recreation Robin Goodman
stated a zip drive could be purchased for around $100 and could be installed to enable more vendors an opportunity
to bid on this project. She said three of the five bidders had incorrectly completed the bid form and were
disqualified. Peter Putterman, Information Technology, said funds had been budgeted for the installation of zip
drives on several computers at Town Hall. Councilman Apps MOVED to award the bid for printing of the Focus to
Commercial Lithographers in the amount of $8,184. Councilman Wyman SECONDED the motion, which
CARRIED unanimously.
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Page 2 of 11
AGENDA ITEM #13 - PRESENTATION BY ZOO LIGHTS OF A HOLIDAY LIGHTING PLAN FOR THE
AVENUE OF THE FOUNTAINS AND CONSIDERATION OF FORMING A COMMITTEE TO ORGANIZE
THE PROJECT AND SEEK COMMUNITY FUNDING. A TOWN CONTRIBUTION TO THE PROJECT
MAY BE CONSIDERED.
Jackie Miles said the Chamber of Commerce, Fountain Hills Arts Council and Fountain Hills Arts League had
investigated the possibility as a pro-tem committee for improving the design and quality of the annual Christmas
decorations that are located on the Avenue of the Fountains. She said a professional consultant, Tony Snider, had been
contacted to assist with the upgrading of the holiday lighting. Mr. Snider presented visual examples of lighting
decoration choices. Mrs. Miles stated the commercial-type strands of white lights would be displayed for four hours per
day for thirty days. She requested the Town fund the initial purchase of the lights and armature decorations in the
amount of$45,000. A committee would be formed to provide funds for the installation and tear down of the decorations
and lights. Other costs would include lift and truck rental and containers to store the decorations. Bruce Hansen, also a
member of this committee, stated a commitment from the Town was needed immediately to insure that the lights could
be ordered and delivered in time for Christmas. He proposed that a lighting committee would raise funds to help with
additional costs and purchase additional decorations in the future perhaps by selling sponsorships and promotional
space.
Councilwoman Wiggishoff MOVED to approve the expenditure of$45,000 for a holiday lighting plan as presented and
to form a committee to organize the project. Councilman Mower SECONDED the motion. In response to a question
by Councilman Wyman, Mr. Nordin stated this appropriation would be taken from the undesignated reserves and would
not appear as a line item in this year's budget. Dennis Regesky told the Council the lights and figurines previously used
were in poor condition and urged the Council to approve the funding for new lights and decorations. Frank Ferrara,
President of the Chamber of Commerce, spoke in support of a lighting program similar to Sedona's and suggested the
Town and its businesses could both profit from such a program. He said the Chamber's Board of Directors could
encourage all businesses to decorate their storefronts, especially along the Avenue of the Fountains. The motion
cy CARRIED unanimously.
AGENDA ITEM #14 - CONSIDERATION OF RESOLUTION 1998-32, APPROVING THE FORMATION OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA MUNICIPAL PROPERTY CORPORATION AND THE
MEMBERSHIP OF ITS BOARD OF DIRECTORS; APPROVING THE ARTICLES OF INCORPORATION
AND BYLAWS OF THE CORPORATION; APPROVING THE GENERAL PLAN FOR THE FINANCING OF
CERTAIN PROJECTS FOR THE TOWN INCLUDING THE ISSUANCE OF REVENUE BONDS;
AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT; AND
AUTHORIZING THE TOWN STAFF TO COOPERATE WITH SAID CORPORATION IN FORMULATING
FINAL PLANS AND DOCUMENTS WITH RESPECT TO FINANCING AND CONSTRUCTING SUCH
PROJECTS.
Town Attorney Bill Farrell stated the adoption of Resolution 1998-32 was the first step in the formation of a municipal
property corporation to act as a unit of government that would sell tax-exempt bonds for the construction of certain
projects, i.e., the community center. He said the payment of the bonds by the Town would be a portion of the sales tax
revenues and would not be considered as a long-term debt to the Town. He pointed out that many major cities in the
Valley had used the municipal property corporation mechanism to fund large projects such as golf courses, parks, and
transfer stations. Mr. Farrell stated three residents of the community had been contacted and asked to serve on the
Board of Directors for the municipal property corporation, if the Council approved. Joe Bill, Walt Dunne and Chester
Yon had expressed a willingness to serve as the Board. He explained that the Town's property would be conveyed to
the municipal property corporation,the building would be constructed and the MPC would lease the building back to the
Town until such time as the bond debt was paid off. At that time the ownership of the property would transfer back to
the Town. Mr. Farrell stated Scott Ruby,from the firm of Gust Rosenfeld, had agreed to serve as the bond counsel.
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Page 3 of 11
Councilman Mower MOVED to approve the formation of a municipal property corporation as outlined by Attorney
Farrell. Councilwoman Wiggishoff SECONDED the motion. Councilman Apps asked Mr. Farrell if the voters would
have any voice in the expenditure of funds for the proposed Community Center. Mr. Farrell stated the citizens would
not vote on this matter because the obligation would not be on real property. The control of the municipal property
corporation would be in the hands of the Council. Councilman Apps asked how much money could be included in the
municipal property corporation. Mr. Farrell answered that any amount of money could be included as long as the sales
taxes could support it. He said a one-and-one-half ratio to one was considered customary. Councilwoman Wiggishoff
asked if voter approval would could occur if the Town had a charter city status. Mr. Farrell answered that if Fountain
Hills were a charter city, voter approval old could be required if an increase in the sales tax rates were proposed.
Scott Ruby, bond counsel from Gust Rosenfeld, stated any project funded by the municipal property corporation would
need the approval of the Town Council and the Board of Directors. He said the standard for financial coverage would
be examined by the market before the bonds would be issued to assure that the project would be constructed as planned.
Mark Van Boeckel stated he was concerned that residents in the community would not get a chance to vote on how their
money was being spent. Sandra Beggs spoke in opposition to the 60' height of the auditorium tower proposed for the
community center. She urged the Council to put the community center project to a public vote. Tom Schuelke said he
thought the voters should be allowed to vote as to whether or not the community center should be built and opposed the
formation of a municipal property corporation. He asked whether the projected revenue amounts of$50,000 would be
considered when the bond amounts were $7 or $8 million. Mr. Farrell answered that the bond market doesn't consider
what the revenue from the facility would be, rather the market decides on the strength of the sales tax available.
Councilman Apps stated he would oppose the formation of a municipal property corporation as the first line of financing
for a community center. He said he thought this issue should be put to the citizens to vote on. Vice Mayor Poma said
the residents' approval on such a large amount of money for a community center should be obtained before proceeding
any further.
The motion CARRIED with a 4-2 roll call vote. Councilman Apps and Vice Mayor Poma cast the nay votes.
AGENDA ITEM #15 - CONSIDERATION OF RESOLUTION 1998-33, AUTHORIZING AND PROVIDING
FOR THE ISSUANCE AND SALE OF $1,065,000 IN AGGREGATE PRINCIPAL AMOUNT OF TOWN OF
FOUNTAIN HILLS STREET AND HIGHWAY USER REVENUE REFUNDING BONDS, SERIES 1998, TO
REFUND BONDS PREVIOUSLY ISSUED AND OUTSTANDING; APPROVING AND AUTHORIZING THE
EXECUTION OF A DEPOSITORY TRUST AGREEMENT FOR THE SAFEKEEPING AND HANDLING OF
SECURITIES AND MONEYS TO BE USED TO PAY THE BONDS BEING REFUNDED; APPROVING AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE SERVICES OF A BOND REGISTRAR,
TRANSFER AGENT AND PAYING AGENT; APPROVING AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE PURCHASER OF THE BONDS; APPROVING THE DISSEMINATION OF AN
OFFICIAL STATEMENT IN CONNECTION WITH THE ISSUANCE AND SALE OF THE BONDS;
PROVIDING CERTAIN TERMS, COVENANTS AND PROVISIONS REGARDING THE BONDS
AUTHORIZING THE EXECUTION OF A CONTINUING DISCLOSURE CERTIFICATE; AND
DECLARING AN EMERGENCY.
Town Manager Paul Nordin stated a recent bid had been received from the financial consultant for obtaining an lower
interest rate to save $57,876 by refunding the existing Highway User Revenue bonds that were initially issued in 1992.
He said the aggregate interest rate would be reduced from 6.9% to 4.61% and that the aggregate principal amount was
recently corrected to $1,075,000 by the bond counsel. Councilman Apps MOVED to approve Resolution 1998-33.
Vice Mayor Poma SECONDED the motion. Tom Schuelke asked if the new bonds were callable. Bond counsel Scott
Ruby answered that the bonds could not be called in for redemption. The motion CARRIED unanimously.
AGENDA ITEM #16 - QUARTERLY LAW ENFORCEMENT REPORT BY PUBLIC SAFETY DIRECTOR
STEVE GENDLER.
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Page 4 of 11
Public Safety Director Steve Gendler presented a brief overview of the law enforcement division for the Town of
Fountain Hills. He stated that together with the Maricopa County Sheriff's Office, there were fourteen officers, fourteen
deputies and two detectives that provided 1.5 beats which met national standards. He pointed out that the Marshal's
Department handled matters involving quality of life issues whereas the MCSO handled matters relating to life and
death issues. He indicated that the summer activity had been relatively quiet with reduced graffiti, vandalism and
crimes against persons. He said burglary prevention and auto break-ins remained a continuing public safety concern.
Lt. Gary Gregory, Maricopa County Sheriff's Office, was also present to answer questions.
Councilman Apps asked about an instance where the Marshal's Department was involved in a felony arrest situation.
Public Safety Director Gendler explained that all officers from the Marshal's Department were fully certified in all
aspects of law enforcement and that the Marshal's Department had initially been contacted initially regarding a
disorderly conduct matter which ultimately resulted in a felony drug possession arrest. Councilman Apps questioned the
reporting of drug-related activities. Mr. Gendler stated he was primarily responsible for reporting the combined
activities of both the Sheriff's Office and the Marshal's Department. Vice Mayor Poma said he was concerned about
the rate of speed law enforcement vehicles traveled in the town. Public Safety Director Gendler assured the Council
disciplinary action would be taken in such matters if police vehicles traveled in excess of the speed limit.
Councilwoman Wiggishoff asked for an update to the 24-hour response program. Mr. Gendler stated the process had
begun in May to arrange for a local non-emergency telephone number, 837-8800, which would be manned 24-hours per
day by a local dispatch operator. He predicted that both equipment and personnel would be in full operation prior to the
Labor Day holiday.
AGENDA ITEM #17 - CONSIDERATION OF A RIGHT-OF-WAY USE AGREEMENT WITH METRICOM,
INC. FOR CONSTRUCTING, MAINTAINING AND OPERATING A WIRELESS DIGITAL DATA
COMMUNICATIONS RADIO NETWORK KNOWN AS RICOCHET®.
Interim Community Development Director Andrew McGuire stated Ricochet@ was a wireless interne service who had
requested to place their shoebox-sized transmitters on street light poles, stop lights, or ballfield lights. He said any
device that was placed in the Town right-of-way would be subject to a$60 annual fee and, additionally,the Town would
receive the local sales taxes from revenues collected by the provider. Jim Walls, a representative with Metricom, Inc.,
addressed the Council and displayed an example of the size of the transmitter. He pointed out the transmitters could be
used by schools and police as a less-expensive radio/computer access to the Internet at the rate of$29.95 per month.
Councilman Mower MOVED to approve the right-of-way agreement with Metricom, Inc. as presented. Councilman
Apps SECONDED the motion. Councilman Wyman asked if competitive systems would experience technical
interference with Metricom's transmitters. Mr. Walls stated there were terms in the contract to prevent interference
between providers. Councilwoman Wiggishoff asked if the transmitters could be painted to blend in with the colors of
street light poles and stop sign light poles. Mr. Walls stated the transmitters needed to remain white in color because of
heat considerations. Councilman Apps asked if the $500,000 stipulation for workmens compensation insurance was an
adequate amount. Wally Hudson, Risk Manager, answered that the Town would not be responsible for injuries to
employees of the provider and that $500,000 would be adequate. Mary Pilarinos asked for clarification. Mr. McGuire
stated the Town was mandated not to discriminate between providers and any device requested to be placed in any town
right-of-way needed to have Council approval.
The motion CARRIED with a 5-1 vote. Councilman Wyman cast the nay vote.
AGENDA ITEM #18 - CONSIDERATION AND POSSIBLE DIRECTION TO STAFF TO RE-ADVERTISE
L. ORDINANCE 97-18, A PROPOSED AMENDMENT TO THE "OFFICIAL ZONING DISTRICTS MAPS" OF
THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS WHICH WOULD REZONE
APPROXIMATELY 132 ACRES OF UNPLATTED LAND LOCATED IN THE AREA COMMONLY
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Page 5 of 11
REFERRED TO AS "LAKESIDE VILLAGE", FROM "R-5", "R-3" RESIDENTIAL UNIT PLANNED #Z78-
160,"AND"R-4"TO "R1-10"; CASE#Z97-07.
Mr. Nordin said discussions as to the change of zoning from multi-family to single family for these parcels had taken
place previously and had been opposed by the property owner, MCO Properties. He said if this ordinance were adopted,
it would need a super majority vote of the Council, six of seven votes, to be approved. He informed the Council that
staff had been asked to prepare possible action for a general obligation bond question for a portion of the property under
consideration. He asked the Council for their direction as to whether or not to re-advertise this matter for a public
hearing.
Councilman Wyman MOVED to direct staff to re-advertise Ordinance 97-18 for a public hearing the first meeting in
September. Councilman Apps SECONDED the motion. Councilwoman Wiggishoff stated that even though this issue
was an emotional issue, residents continually wanted to know the resolution of the zoning of this property. She said the
plans from New American Homes for that area were single-family homes and felt that concerns of the Town and
residents in the neighborhood had been met. She said she was concerned about the other areas not included in the plans
of New American Homes. Vice Mayor Poma asked if some of the zoning could be changed from what was previously
presented. Mr. Farrell said any part of the ordinance could be changed prior to the public hearing. Councilman Mower
MOVED to amend the motion to direct staff to re-advertise for a public hearing for the first meeting in October.
Councilman Wyman SECONDED the amendment, which CARRIED unanimously.
Lisa Fraverd asked if any changes in zoning would need to be re-advertised if they were made at the public hearing. Mr.
Farrell stated the public should be notified if changes in the zoning were significantly restrictive. She asked if height
restrictions could be included in the notice to the public. Mr. Farrell stated height restrictions would not be advertised
but could be discussed at the public hearing.
Hank Lickman, Vice President of MCO Properties, informed the Council that two parcels, referring to "Motel Hill" and
the land approaching Saguaro Blvd (Parcel 10 and 10A), were in escrow and that plans would be submitted to the
lbw Planning & Zoning Commission and staff shortly. He said the product being designed for "Motel Hill" was for single
story dwellings and dwellings on Parcel 10A, which was a continuation of the Fountainhead project, would be an
identical product to the dwellings in the Fountainhead subdivision.
The motion, as amended, CARRIED unanimously.
AGENDA ITEM #19 - PRESENTATION BY STAFF OF A DRAFT OF THE PRE-ANNEXATION
DEVELOPMENT AGREEMENT FOR REVIEW AND REQUEST FOR PERMISSION TO RECORD IN THE
OFFICE OF THE MARICOPA COUNTY RECORDER THE DOCUMENTS NECESSARY FOR A PUBLIC
HEARING ON THE PROPOSED ANNEXATION AND REQUEST THAT COUNCIL SET THE DATE FOR
THE PUBLIC HEARING AS THURSDAY, SEPTEMBER17TH, 1998 AT 6:30 P.M. OR AS SOON
THEREAFTER AS THE PUBLIC HEARING CAN BE HELD.
Town Attorney Bill Farrell requested a delay in the presentation of a draft for the pre-annexation development
agreement. Vice Mayor Poma MOVED to continue this matter to the next meeting, August 17`h. Councilman Mower
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #20 - CONSIDERATION OF AWARDING A CONSTRUCTION CONTRACT FOR
GRADING AND PLATING AT PLAT 302 EFFLUENT FIELD.
Town Engineer Randy Harrel stated three bids had been received for the construction contract for the Plat 302 effluent
field. He said the low bidder, Carume Construction, had bid $217,200, which was below the budget. He stated that the
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Page 6 of 11
bid form for the subcontractor's list was not included and believed that bid to be deficient. He stated if Carume's bid
was rejected and the second lowest bidder was awarded the contract, he anticipated it would be contested which would
result in a delay in the completion of the effluent field by the November 1S` deadline. He stated both he and Town
Attorney recommended to reject all bids and direct staff to re-advertise for sealed bids to be approved by the Council on
September 3`d. Mr. Huber, Manager of the Sanitary District, concurred with the recommendation even though it would
delay the completion of the project by one month.
Councilman Mower MOVED to reject all bids and direct staff to re-advertise for bids for a September 3rd approval.
Councilman Wyman SECONDED the motion. Vice Mayor Poma asked about the bidding procedures used by the
Town Engineer. Mr. Harrel reassured the Council that to award any bid would require the formal approval of the
Council. Councilman Wyman asked if the low bid was responsive. Town Manager Nordin stated the Town Attorney
had determined that the lowest bidder had submitted a non-responsive bid and verified that the other two bids had been
submitted correctly. He said the Council could either award the bid to the second lowest bidder, R. E. Monks
Construction, or to reject all bids and re-advertise. Town Attorney Farrell affirmed that since there were other
deficiencies in this bid process, he recommended, from a legal standpoint, to reject all bids and re-advertise.
Mark Van Boeckel asked if a one-month delay was justifiable as the schedule for the development of the effluent field
would be affected. Councilwoman Wiggishoff referred to the staff report wherein Ron Huber of the Sanitary District
confirmed that a one-month delay would not be objectionable. Bruce Hansen, Chairman of the Sanitary Board, told the
Council that future construction in Plat 208, such as the proposed Community Center, might be delayed if the effluent
field was not constructed according to schedule. The motion to reject all bids and re-advertise FAILED with a 3-3 roll
call vote. Mayor Morgan, Vice Mayor Poma and Councilman Wyman cast the nay votes.
Councilman Wyman MOVED to review the bids submitted by the other two construction companies. Councilman
Mower SECONDED the motion. Mr. Harrel stated the second low bidder, R. E. Monks Construction Company, bid
$236,400, still within the budgeted figure of $250,000. Town Attorney Farrell stated if the award of the bid were
litigated, it could delay the effluent field project considerably. Councilman Wyman withdrew his motion and
Councilman Mower withdrew his second to the motion.
Vice Mayor Poma then MOVED to reject all bids and re-advertise for this project. Mayor Morgan SECONDED the
motion, which CARRIED with a 5-1 roll call vote. Councilman Wyman cast the nay vote.
AGENDA ITEM #21 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR EDWARDS
CONDOMINIUMS, A 2-UNIT CONDOMINIUM LOCATED AT 14223 HAWTHORN COURT, AKA LOT 11,
BLOCK 4,PLAT 111.CASE#S98-023.
Planner Geir Sverdrup stated that this 2-unit dwelling had been constructed sometime in the 70's or 80's and was now
requesting a condominium status. Councilman Mower stated he appreciated being notified of construction and/or
completion dates of multi-family units. He said this enabled him to feel comfortable that the request for a condominium
status was not made in an effort to circumvent the building permit process. He requested this information be made
available on all future preliminary and final plat considerations. Councilwoman Wiggishoff MOVED to approve the
preliminary and final plats for Edwards Condominiums. Councilman Wyman SECONDED the motion, which
CARRIED unanimously.
AGENDA ITEM #22 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR ROBERTS
CONDOMINIUMS, A 3-UNIT CONDOMINIUM LOCATED AT 13821 HAMILTON DRIVE, AKA LOT 9,
BLOCK 5,PLAT 102.CASE#S98-019.
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Mr. Sverdrup stated that no permit for the Roberts Condominiums had been issued to date but that they were requesting
a condominium status. Councilman Poma MOVED to approve the preliminary and final plats for Roberts
Condominiums. Councilman Mower SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #23 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR BLUE CHIP
CONDOMINIUMS 29, A 2-UNIT CONDOMINIUM LOCATED AT 14528 N SAGUARO BOULEVARD, AKA
LOT 13,BLOCK 15,PLAT 104. CASE#S98-020.
Mr. Sverdrup stated that this recently completed dwelling had obtained a building permit sometime late in 1997.
Councilman Poma MOVED to approve the preliminary and final plats for Blue Chip Condominiums 29 as presented.
Councilman Wyman SECONDED the motion, which CARRIED with a 5-1 vote. Councilman Mower cast the nay
vote.
AGENDA ITEM #24 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR BLUE CHIP
CONDOMINIUMS 30, A 2-UNIT CONDOMINIUM LOCATED AT 14250 N SAGUARO BOULEVARD, AKA
LOT 14,BLOCK 15,PLAT 104. CASE#S98-021.
Mr. Sverdrup stated that this dwelling had recently been completed and a building permit was issued late in 1997.
Councilwoman Wiggishoff MOVED to approve the preliminary and final plats for Blue Chip Condominiums 30 as
presented. Vice Mayor Poma SECONDED the motion, which CARRIED with a 5-1 vote. Councilman Mower cast
the nay vote.
flow AGENDA ITEM#25- CONSIDERATION OF RENEWING A TEMPORARY USE PERMIT FOR BLUE CHIP
PROPERTIES LOCATED AT 16629 WESTBY DRIVE AND 16602 PALISADES BOULEVARD, AKA LOTS
4A &4B,PLAT 102, CASE#TU98-07.
Mayor Morgan said she had received a request from the applicant to delay consideration of this matter until the
September 17`h Council meeting. Vice Mayor Poma MOVED to continue this matter to the September 17th Council
meeting. Councilman Mower SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #26 - PUBLIC HEARING TO RECEIVE TESTIMONY ON A APPLICATION TO AMEND
THE FOUNTAIN HILLS GENERAL PLAN BY REDESIGNATING ALL OF LOTS 5, 6 AND 7, BLOCK 6,
PLAT 412B FROM "SINGLE FAMILY/VERY LOW" TO "GENERAL COMMERCIAL/RETAIL," CASE
NUMBER GPA98-01,RESOLUTION 1998-40.
Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 8:40 p.m.
Planner Jeff Valder stated the applicant had requested a continuance in the public hearing to give him an opportunity to
appear before the Council. He said the amendment of the General Plan to a general commercial/retail would enable the
Council to consider a number of rezone requests which include the C-2 and C-3 zoning district. He pointed out that the
P&Z Commission had unanimously (5-0) recommended to deny the General Plan amendment and took no action on the
rezone request. He displayed a conceptual site plan from the applicant for the sales and repairs of boats, office, retail
and restaurant uses. It was staff's concern that there was an over-abundance of commercially-zoned lands, that efforts
for development of commercial lots in the Town Center should be emphasized, and that uses not viable to the Town
Center be considered for other commercial areas. Another concern of staff was the implementation of a traffic study for
the proposed site because the applicant had indicated a Shea Boulevard access was required. Also, improvements
Town Council Regular Session 8/6/98
Page 8 of 11
necessary to Shea Boulevard to accommodate this project should be borne by the developer. Staff recommended
continuing this matter.
Speaking in opposition to this matter were Ralph Baillargeon, Bert Putterman, Mark Van Boeckel, Derek Calomeni,
Dave Chong, Mike Kasmar, Tom Schuelke, Ken Kline, Arvid Dennis and John Kendall. The consensus of the
opposition was reduced property values, lighting issues from a retail center, the changing of the character of the
neighborhood from residential to commercial, and traffic concerns. Deanna Durkee supported the amendment change to
promote the continued commercial development along Shea Boulevard and called attention to the ultimate sales tax
revenues derived from the commercial and retail stores that the Town would receive. Mr. Dennis stated a petition had
been signed by 20% of the residents within 300' of this property. Mr. Farrell noted that a super majority vote of the
Council would be required in a rezone request, not a General Plan amendment.
Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 9:08 p.m.
AGENDA ITEM#27 - CONSIDERATION OF RESOLUTION 1998-40, AMENDING THE FOUNTAIN HILLS
GENERAL PLAN BY REDESIGNATING ALL OF LOTS 5, 6 AND 7, BLOCK 6, PLAT 412B FROM
"SINGLE FAMILY/VERY LOW"TO"GENERAL COMMERCIAL/RETAIL,"CASE NUMBER GPA98-01.
Councilman Mower MOVED to approve Resolution 1998-40. Councilwoman Wiggishoff SECONDED the motion.
Councilman Wyman said he felt the development on Shea would not infringe on the downtown development and that it
was in the best interests of the Town to ultimately change the zoning to commercial uses in this area. He stated he felt
there was justification in the change when considering the amount of sales tax revenues from commercial development
and retail sales. He also said he was concerned about the traffic patterns on Shea Blvd. as well as the appearance of a
boat yard in the entrance corridor of the Town. Councilwoman Wiggishoff stated the General Plan represented a vision
for specific land uses and their placement in the town. She agreed that there was a lack of commercial property along
Shea Boulevard and said she felt that in the interests of the entire community it made sense to
approve commercial development in this area rather than residential construction on a busy highway such as Shea Blvd.
She said she was uncertain whether the conceptual site plan was the right plan for this area at the present time but that
future discussions an*regarding specific concerns eel would take place when actual zoning was discussed.
Vice Mayor Poma said he would not support a boat yard or mechanic's shop usage but would favor an office building
project. Councilman Mower and Mayor Morgan both said they would support an amendment to the General Plan to
allow for a change to the commercial corridor and to adapt to the changing character of the town.
Speaking from the audience in opposition were John Kendall, Bert Putterman, Bill Vendetti, Mary Pilarinos, Trevor
Jones,Mike Kasmar and Arvid Dennis.
The motion CARRIED unanimously with a roll call vote.
AGENDA ITEM#28-PUBLIC HEARING TO RECEIVE TESTIMONY ON A PROPOSAL TO REZONE .030
ACRES OF LAND WITHIN PARCEL G OF THE SUNRIDGE CANYON SUBDIVISION FROM THE "OSR"
ZONING DISTRICT TO THE "R1-6A" ZONING DISTRICT; AND A PROPOSAL TO REZONE .123 ACRES
OF LAND WITHIN PARCEL G OF THE SUNRIDGE CANYON SUBDIVISION FROM THE "R1-6A"
ZONING DISTRICT TO THE "OSR"ZONING DISTRICT, CASE NUMBER Z98-12.
Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 9:30 p.m. Mr.
Valder stated this project site was located on the south side of Desert Canyon Drive and was essentially a clean-up
rezone in order to assure that the residential and open space areas were properly zoned. There were no comments from
Council or the public.
Town Council Regular Session 8/6/98
Page 9of 11 •
Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 9:31 p.m.
filar
AGENDA ITEM #29 - CONSIDERATION OF ORDINANCE 98-25, REZONING .030 ACRES OF LAND
WITHIN PARCEL G OF THE SUNRIDGE CANYON SUBDIVISION FROM THE "OSR" ZONING
DISTRICT TO THE "R1-6A"ZONING DISTRICT; AND A PROPOSAL TO REZONE .123 ACRES OF LAND
WITHIN PARCEL G OF THE SUNRIDGE CANYON SUBDIVISION FROM THE "R1-6A" ZONING
DISTRICT TO THE "OSR"ZONING DISTRICT, CASE NUMBER Z98-12.
Councilman Mower MOVED to approve Ordinance 98-25 as presented. Councilwoman Wiggishoff SECONDED the
motion, which CARRIED unanimously.
AGENDA ITEM#30 - CONSIDERATION OF THE FINAL PLAT FOR THE SUNRIDGE CANYON PARCEL
"G-WEST" SUBDIVISION, A 15.461-ACRE, 31-LOT SINGLE-FAMILY DEVELOPMENT LOCATED
SOUTH OF DESERT CANYON DRIVE AND EAST OF SUNRIDGE CANYON DRIVE, CASE NUMBER S97-
21.
Councilwoman Wiggishoff MOVED to approve the final plat for Sunridge Canyon Parcel "G-West"Subdivision as
presented with all staff stipulations. Councilman Mower SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #31 - PUBLIC HEARING ON RESOLUTION 1998-35, ADOPTING THE TENTATIVE
BUDGET AS THE 1998/99 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 9:31 p.m.
Town Manager Nordin affirmed that the requirements for public posting of the budget had taken place and that the
tentative budget was in order. Trevor Jones spoke regarding his concerns about the increased traffic on Segundo Drive due
to the development of the downtown area and asked the Council to consider a traffic study for this residential area. Derek
Calomeni said he was opposed to potential traffic problems on Arroyo Vista Drive as a result of the construction of the
Community Center. Don Primosch proposed that the Town consider reducing the amount of money for the Community
Center to $6 million and put an additional $2 million towards the construction of a community pool. Lisa Fraverd urged
the Council to set aside part of the $2 million surplus funds for the continuation of preservation of the McDowell
Mountains.
Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 9:41 p.m.
AGENDA ITEM #32 - CONSIDERATION OF RESOLUTION 1998-35, ADOPTING THE TENTATIVE
BUDGET AS THE 1998/99 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
Councilman Mower MOVED to approve Resolution 1998-35 as presented. Councilman Wyman SECONDED the
motion,which CARRIED with a 5-1 roll call vote. Vice Mayor Poma cast the nay vote.
L
AGENDA ITEM#33- CALL TO THE PUBLIC.
Town Council Regular Session 8/6/98
Page 10 of 11
L. Tom Schuelke said he thought the construction of a Community Center was a mistake. He stated he didn't think the
revenues from user fees from Community Center would eet contribute substantially to the maintenance and
operation costs. He said neither an increase in local sales taxes nor increase in property taxes from increased values
would also not contribute adequate funds to support a Community Center.
Pam Wright spoke in opposition to the construction of the Community Center and said she felt the public didn't
understand and wasn't well informed about what the ramifications of the new Community Center might become.
She objected to the sixty-foot tall structure would be an eyesore to the downtown area.
AGENDA ITEM #34 - PURSUANT TO A.R.S. 38-431.03.A.7, VOTE TO GO INTO EXECUTIVE SESSION
FOR DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC
BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES
REGARDING NEGOTIATION FOR THE PURCHASE OF LEASE OF REAL PROPERTY.
Councilman Mower MOVED to go into Executive Session. Vice Mayor Poma SECONDED the motion, which
CARRIED unanimously. Mayor Miles recessed the Regular Session of the Town Council at 9:49 p.m.
AGENDA ITEM#35-RETURN TO REGULAR SESSION.
Mayor Morgan reconvened the Regular Session of the Town Council at 10:10 p.m.
4160,
AGENDA#36-ADJOURNMENT.
Vice Mayor Poma MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion, which
CARRIED unanimously. Mayor Morgan adjourned the meeting at 10:12 p.m.
TOWN O UNTAIN H S
B
J� Sharon Morgan,Mayor
A 1ThST: eAL44-4-A-' `E-� ____4"J
Cassie B.Hansen,Town Clerk
PREPARED BY:
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 6th day of August, 1998. I further certify that the meeting was duly
called and that a quorum was present. Dated this 3rd day of September, 1998.
//JAL
Cassie B.Hansen,Town Clerk
Town Council Regular Session 8/6/98
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