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Home My WebLink About1998.0817.TCSM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 17, 1998 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M., Monday, August 17, 1998, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd.,Building B,Fountain Hills,Arizona. ROLL CALL - Following a moment of silence and the pledge to the flag, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, and Councilmembers John Wyman, Sharon Hutcheson, Sid Apps,Marianne Wiggishoff, and Penfield Mower. Vice Mayor Al Poma was absent. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and Planner Jeff Valder. Mayor Morgan stated Agenda Item #1 would be considered for approval at the September 3, 1998 Council meeting. She then read the remainder of the consent agenda which consisted of the following agenda items: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF AUGUST 6, 1998. AGENDA ITEM #2 - CONSIDERATION OF THE EXTENSION OF PREMISES/PATIO PERMIT APPICATION SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION POST 58 FOR AN ANNIVERSARY PARTY TO BE HELD ON SATURDAY, AUGUST 29, 1998. THE PERMIT WOULD TEMPORARILY EXTEND THE LIQUOR LICENSE AT 16850 EAST AVENUE OF THE FOUNTAINS. AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1998-42, RATIFYING CERTAIN CHANGES TO RESOLUTION 1998-33 REQUESTED BY THE BOND INSURER OF THE TOWN'S STREET AND HIGHWAY USER REVENUE REFUNDING BONDS, SERIES 1998; RATIFYING THE ISSUANCE AND SALE OF$1,075,000 PRINCIPAL AMOUNT OF SUCH BONDS; AND DECLARING AN EMERGENCY. AGENDA ITEM#4-CONSIDERATION OF THE FINAL PLAT FOR EAGLE MOUNTAIN,PARCEL 15,CASE#S-98-004. Councilwoman Wiggishoff MOVED to approve the Consent Agenda, Items #2-4 as read. Councilman Apps SECONDED the motion. A roll call was taken with the following results: Councilwoman Wiggishoff Aye Councilman Apps Aye Councilman Wyman Aye Councilman Mower Aye Councilwoman Hutcheson Aye Mayor Morgan Aye The motion CARRIED. L Town Council Special Session 8/17/98 Page 1 of 4 AGENDA ITEM #5 - CONSIDERATION 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,SEPTEMBER 17TH, 1998 AT 6:30 P.M. OR AS SOON THEREAFTER AS THE PUBLIC HEARING CAN BE HELD. Councilwoman Wiggishoff MOVED to direct staff to record the documents necessary for a public hearing on the proposed annexation and set the public hearing for September 17, 1998. Councilman Mower SECONDED the motion. Town Attorney stated a map, legal description, a blank petition and clerk's certificate were included in the packet as samples of documents that were required to start the paperwork for annexation. He said notices would be mailed and the approval of the Council in this matter would only initiate the public hearing process. He stated that the Town was not obligated to annex the property in question. The motion CARRIED unanimously. AGENDA ITEM#6- CONSIDERATION OF ORDINANCE 98-26, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 1999. Councilwoman Wiggishoff MOVED to approve Ordinance 98-26 as presented. Councilman Apps SECONDED the motion. Town Manager Nordin explained that this ordinance would levy $249,700 in property taxes for the next fiscal year which would retire the 1992 bond series for the Town's road paving project. He said the rate of taxation was 17¢ per $100 of assessed valuation and resulted in a 100 reduction from last year. The motion CARRIED unanimously. AGENDA ITEM#7 - CONSIDERATION AND POSSIBLE ACTION UNDER THE PROVISIONS OF ARS 38-431.02 D. TO ADD A MEASURE TO THE ALREADY POSTED AGENDA. THE TOWN ATTORNEY WILL REQUEST THE ADDITION OF AN AGENDA ITEM FOR THE DISCUSSION AND ADOPTION OF RESOLUTION 1998-43 AS AN EMERGENCY DUE TO THE LACK OF SIX VOTING MEMBERS AT ANY REGULAR MEETING UNTIL SEPTEMBER 17,1998. Town Attorney Bill Farrell explained the posted agenda did not contain this agenda item but state statutes provided for either an emergency meeting or adding an item to an existing agenda without notice to the public. Due to the lack of six voting Council members in attendance until September 17th, a motion was needed to add consideration of Resolution 1998-43 to the agenda. Councilwoman Wiggishoff MOVED to add consideration of Resolution 1998-43 to the agenda. Councilman Apps SECONDED the motion. Hank Lickman, Vice President of MCO Properties, objected to adding this item for discussion. He stated a letter would be presented to Mr. Farrell from MCO's attorney. The motion CARRIED unanimously. AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 1998-43 DECLARING A PUBLIC NEED AND NECESSITY AND A PUBLIC PURPOSE; AUTHORIZING AND DIRECTING THE Town Council Special Session 8/17/98 Page 2 of 4 TOWN MANAGER, TOWN ATTORNEY AND TOWN CLERK TO TAKE ANY AND ALL ACTIONS NECESSARY AND TO SIGN ANY AND ALL DOCUMENTS AND PAY ANY AND ALL COSTS OR FEES IN ORDER TO ACQUIRE REAL AND/OR PERSONAL PROPERTY THROUGH GIFT, PURCHASE OR EMINENT DOMAIN; IDENTIFYING THE REAL AND PERSONAL PROPERTY AS OPEN SPACE LANDS OR OPEN AREAS; AND DECLARING AN EMERGENCY. Mr. Farrell called attention to Resolution 1998-43 and presented a map which depicted the location of the property in question. He noted the location of the two parcels of land scheduled for transfer to the Town of Fountain Hills as a result of the development agreement for the Firerock Subdivision. He said the resolution describes the location of a connecting piece of property, 15 to 20 acres in size, which would connect the two parcels of acquired land. He stated the resolution clarified the Council's position regarding the desire to acquire the connecting piece of property either by gift, by purchase or by eminent domain. However, if the Town were unsuccessful in their negotiations with MCO to either acquire the property by gift or purchase, the Town would have the option to file an eminent domain action to take the property upon payment of just compensation to the property owner. Mr. Farrell said he had received a letter from MCO objecting to the emergency nature of this matter. He indicated the state statutes provided for emergency matters and matters involving the general health, welfare and safety of citizens could be included under emergency consideration. He stated a unanimous vote of all six Council members present would put the resolution into effect immediately; anything less would result in a thirty- day waiting period. Councilman Apps MOVED to approve Resolution 1998-43 as presented. Councilwoman Wiggishoff SECONDED the motion. Councilwoman Wiggishoff stated the acquisition of the connecting property between the two open-space parcels was logical from an environmental standpoint to assure preservation of the habitat and the continuation of open space lands. Councilman Mower, Wyman, and Hutcheson also agreed. Councilwoman Wiggishoff stressed the need to continue the ongoing negotiations with MCO and asked for their understanding of Council members' attendance for the month of September. The motion CARRIED unanimously. AGENDA ITEM#9- CALL TO THE PUBLIC. No one came forward to speak from the public. AGENDA ITEM#10-ADJOURNMENT. Mayor Morgan adjourned the meeting at 6:52 p.m. L Town Council Special Session 8/17/98 Page 3 of 4 TOWN OF FOUNTAIN HILLS By: Sharon Morgan, a or A FIEST: /L 1l^%L� Cassie B. Hansen,Town Clerk PREPARED BY: � Z """�Q�/i(C Linda D. Lemmen,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Session Meeting held by the Town Council of Fountain Hills on the 17th 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. Cassie B.Hansen,Town Clerk L Town Council Special Session 8/17/98 Page 4 of 4