HomeMy WebLinkAbout1998.0903.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 3, 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, September 3, 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 the invocation given by Pastor Don Lawrence of Christ's Church,
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, and Marianne Wiggishoff. Vice
Mayor Poma and Councilman Mower were absent. Also present were Town Manager Paul Nordin,Town Attorney Bill
Farrell,Town Clerk Cassie Hansen, Town Engineer Randy Harrel, Interim Community Development Director Andrew
McGuire,and Planners Jeff Valder and Geir Sverdrup.
Mayor Morgan read the Consent Agenda which consisted of the following agenda items:
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF AUGUST 6TH,
13TH, 14TH AND 17TH, 1998.
AGENDA ITEM #2 - CONSIDERATION OF THE EXTENSION OF PREMISES/PATIO PERMIT
APPICATION SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION POST 58 FOR A
BUILDING FUND RAISER/GOLF TOURNAMENT TO BE HELD ON SATURDAY, SEPTEMBER 12, 1998.
THE PERMIT WOULD TEMPORARILY EXTEND THE LIQUOR LICENSE AT 16850 EAST AVENUE OF
%r THE FOUNTAINS.
AGENDA ITEM #3 - CONSIDERATION OF THE COOPERATIVE PURCHASE AGREEMENT BETWEEN
THE TOWN OF FOUNTAIN HILLS AND THE MOHAVE EDUCATIONAL SERVICES COOPERATIVE, A
SCHOOL SERVICE AGENCY AND A LOCAL PUBLIC PROCUREMENT UNIT ESTABLISHED THROUGH
THE MOHAVE COUNTY SCHOOL SUPERINTENDENT'S OFFICE, TO PERMIT THE TOWN TO
PURCHASE MATERIALS AND SERVICES FROM VENDORS AT THE PRICES AND TERMS CONTAINED
IN CONTRACTS BETWEEN MOHAVE EDUCATIONAL SERVICES COOPERATIVE AND THOSE
VENDORS.
AGENDA ITEM #4 - CONSIDERATION OF THE RESOLUTION 1998-44 ABANDONING THE SAGUARO
BOULEVARD RIGHT-OF-WAY NORTHWESTERLY OF TOMBSTONE AVENUE, A DISTANCE OF
APPROXIMATELY 290' (0.54 ACRES).
AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1998-47, RESCINDING A PORTION OF A
PREVIOUS AGREEMENT WITH MCO PROPERTIES REGARDING A COMMITMENT TO BUILD A
BOX CULVERT ON SAGUARO BOULEVARD AT POWDER WASH, FOR WHICH THE RIGHT-OF-
WAY IS NOW BEING ABANDONED.
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1998-45 ABANDONING THE TOMBSTONE
AVENUE RIGHT-OF-WAY, WESTERLY OF POWDERHORN DRIVE, A DISTANCE OF
APPROXIMATELY 280' (0.48 ACRES).
AGENDA ITEM #7 — CONSIDERATION OF RE-ESTABLISHING THE POSITION OF "PLANNER" IN
THE COMMUNITY DEVELOPMENT DEPARTMENT.
Town Council Regular Session 9/3/98
Page 1 of 7
Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Apps SECONDED the
motion. A roll call vote was taken with the following results:
Councilwoman Wiggishoff Aye
Councilman Apps Aye
Councilman Wyman Aye
Councilwoman Hutcheson Aye
Mayor Morgan Aye
The motion CARRIED.
•
AGENDA ITEM#8-MONTHLY REPORT BY MAGISTRATE STUART SHOOB.
Judge Shoob referred to the statistic reports for the months of June, July, and August. He noted that 373 cases had been
filed during the month of August and 470 cases were terminated and heard 78 hearings and trials. He explained that the
June report finalized the figures for the fiscal year for a total of 4998 filed cases with 800 trials and hearings. He said
revenues for the fiscal year were almost$325,000.
AGENDA ITEM #9 - PRESENTATION BY AL JOHNSON OF THE ARIZONA DEPARTMENT OF
ENVIRONMENTAL QUALITY REGARDING ENVIRONMENTAL ISSUES IN BALBOA WASH
RESULTING FROM THE FORMER CORNER STOP GAS STATION.
Town Engineer Randy Harrel introduced representatives from the Arizona Department of Environmental Quality as Mark
Osborn and Pete Townsend. Cynthia Campbell from the Attorney General's office and William Humble from the
Department of Health Services were also present. Mr. Osborn reported to the Council that ADEQ had taken over the
investigation of contaminated soil caused by leakage from an underground storage tank at the former Corner Stop Market
located at the northeast corner of Fountain Hills Boulevard and Glenbrook Boulevard. He stated that ground water had been
impacted 40' below the ground surface and 23 monitoring wells had been installed to determine detection of petroleum
contamination that was flowing in a south-southwest direction. The next step would be to limit access where the
contaminated area was as a precautionary measure. He said that this location was the longest area of contamination
associated with gasoline in the State of Arizona. He estimated a number of technical measures would be taken to rid the
area of all contamination but that these processes would take between five to ten years. He stated that after investigations
had been concluded, a corrective action plan would be drafted, public notice would be given, then implementation of the
cleanup would occur.
Councilman Apps asked for clarification of any contamination of the drinking water supply in Fountain Hills. Mr. Osborn
stated that the drinking water supply was not impacted by this leakage nor did he expect any contamination in the future.
Councilwoman Wiggishoff asked if disclosure was required in the event of a real estate transaction. Mr. Townsend stated
after a full evaluation of the site, affected property owners would be notified. Mayor Morgan restated that the drinking
water supply in Fountain Hills had not been impacted or threatened by the contamination mentioned by Mr.Osborn.
AGENDA ITEM #10 - CONSIDERATION OF AWARDING THE BID TO IMAGINE RECOVERY
RESOURCES FOR SUBSTANCE ABUSE TREATMENT SERVICES IN THE AMOUNT OF$50,000.
Public Safety Director Steve Gendler reported that a four-member task force had issued 23 requests for proposals of
L. which four firms had responded. This task force had analyzed substance abuse treatment program services using a list of
nine criteria including treatment methods, continuity, and service proposals. He said the task force unanimously
recommended the award of the bid to Imagine Recovery Resources in the amount of $50,000. Councilwoman
Town Council Regular Session 9/3/98
Page 2 of 7
Wiggishoff MOVED to approve the award of the bid for substance abuse treatment services to Imagine Recovery
Resources in the amount of$50,000. Councilman Apps SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #11 - CONSIDERATION OF AWARDING A CONSTRUCTION CONTRACT FOR
GRADING AND PLATING OF THE PLAT 302 TURF FIELDS.
Town Engineer Randy Harrel referred to the staff report and bid tabulation. He said five bids had been received with
DBA Construction the apparent low bidder at $189,737, which was under the estimated budget figure of$250,000. He
stated the Sanitary District would be contributing 50% toward this contract and staff was currently checking on DBA's
references and work record. . He recommended approval of the low bid pending the satisfactory completion of a
reference check. Councilman Wyman MOVED to approve the bid submitted by DBA Construction in the amount of
$189,737. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #12 - CONSIDERATION OF ORDINANCE 98-27 AMENDING THE TOWN CODE
ARTICLES 3-3 AND 3-5, REGARDING PURCHASING AND CONTRACT ADMINISTRATION, AND
DECLARING AN EMERGENCY.
Town Engineer Harrel stated Ordinance 98-27 would increase the purchasing limitation authority for the Town
Manager by raising the amount that required one quote from $1,000 to $2,000, allowing three verbal quotes up to a
$5,000 cap, raising the amount for three written quotes from $5,000 to $20,000 and over $20,000 purchases would
require sealed bids. Change orders up to $20,000 could be approved by the Town Manager. He compared other
municipalities' limitations and stated the reason for the increase was to eliminate some of the time-consuming
cow paperwork. Mr. Nordin stated the emergency clause could not be approved due to a lack of an appropriate number of
voting Councilpersons.
Councilman Wyman MOVED to approve Ordinance 98-27 as discussed. Councilwoman Wiggishoff SECONDED
the motion. Town Attorney Bill Farrell stated the emergency clause of the ordinance was not critical. Mr. Harrel
stated several purchases were imminent during the month of September and the Mayor's authorization for emergency
purchases would be necessary. The motion CARRIED unanimously.
AGENDA ITEM #13 - PUBLIC HEARING ON ORDINANCE 98-28, AMENDING THE TOWN CODE,
CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, ARTICLES 7-2, FEES, AND 7-8,
COMMUNITY DEVELOPMENT AND ENGINEERING FEE SCHEDULE, BY INCREASING CERTAIN
FEES IN EACH ARTICLE.
Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 7:07 p.m.
Interim Director of Community Development Andrew McGuire told the Council that this ordinance was the result of
a periodic review and would increase building permit fees for single family dwellings up to the 1994 levels of the
Uniform Building Code rather than the present 1988 fee schedule. He said the 1997 UBC fees were now being
reviewed and that several fees did not cover costs of publication. He recommended increases in planning, zoning and
engineering fees and increases in single family dwellings permits which met the 1994 standards of the UBC with the
intention of adopting the 1997 UBC fee schedule in the future.
Gordon Pittsenbarger spoke in opposition to the increase of building permit fees when the Town's reported surpluses
were estimated to be $5 million. He questioned where the increased funds would be spent and asked why the already
high-priced fees would be increased.
Town Council Regular Session 9/3/98
Page 3 of 7
Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 7:12 p.m.
AGENDA ITEM #14 - CONSIDERATION OF ORDINANCE 98-28, AMENDING THE TOWN CODE,
CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, ARTICLES 7-2, FEES, AND 7-8,
COMMUNITY DEVELOPMENT AND ENGINEERING FEE SCHEDULE, BY INCREASING CERTAIN
FEES IN EACH ARTICLE.
Councilman Wyman MOVED to approve Ordinance 98-28. Councilwoman Wiggishoff SECONDED the motion.
Councilman Apps asked staff if they had discussed fee increases with any of the homebuilder associations in town.
Mr. McGuire stated no discussions had taken place with any homebuilder association. Councilman Apps stated staff
should have notified prospective home builders of an increase and afforded them an opportunity to participate in
discussions prior to adopting an increase in fees. Councilman Wyman stated projections regarding the present $5
million surplus had predicted those funds would be reduced to approximately $700,000 within the next five years.
Mayor Morgan stated she thought more discussion was needed between staff and appropriate contractor groups.
Councilman Apps MOVED to continue this matter for 30 days to allow for discussions with appropriate local and
state homebuilder organizations. Mayor Morgan SECONDED the motion, which FAILED with a 3-2 vote.
Councilwomen Wiggishoff and Hutcheson and Councilman Wyman cast the nay votes.
Dorri Wittrig stated that some homebuilders were experiencing minimal profit margins and that an increase in fees
could eliminate quality homebuilders in the Town. She urged the Council to participate in discussions with local
homebuilders in an effort to accept input.
Mr. McGuire stated the Council could determine the effective date for the increase in fees. He clarified that the
building permit fees were lower than in some communities and that no development fees were imposed. He said
Ordinance 98-28 would alleviate the imbalance of fees between commercial, multi-family or single family
construction so that all fees were imposed according to the 1994 schedule.
Councilwoman Wiggishoff MOVED to amend the motion to include an effective date of January 1, 1999 for the
imposition of fees in Ordinance 98-28. Councilman Wyman SECONDED the amendment, which CARRIED
unanimously.
Councilman Apps asked if changes could be made prior to the ordinance's effective date. Town Attorney Farrell
answered affirmatively. The motion to approve Ordinance 98-28 CARRIED unanimously.
AGENDA ITEM #15 - PUBLIC HEARING ON ORDINANCE 98-29 AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY AMENDING 2, SECTION 2.04.B AND
CHAPTER 5, SECTION 5.11.B & G WHICH WILL PERMIT EXCEPTIONS TO THE REQUIREMENT
FOR AN ENGINEERED SITE PLAN AND CHAIN-LINK DISTURBANCE FENCE FOR CERTAIN
PERMITS.
Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 7:25 p.m.
Planner Geir Sverdrup stated the Planning & Zoning Commission had initiated this amendment to allow flexibility to
not require a fully engineered site plan for any or all permits. He said the current language under Section 2 provided
the Community Development Director some authorization, however, the language in Chapter 5 contradicts the
language in Section 2. He proposed to remove the language from Chapter 5, General Provisions and combine it with
Town Council Regular Session 9/3/98
Page 4 of 7
language in Section 2 for a single procedural regulation for a site plan which would also provide the Community
Development Director the authority to waive the procedure. He said the language had been amended to allow areas
that had been previously disturbed an exemption from the installation of a chain-link fence. He stated the Planning &
Zoning Commission had recommended approval. No one came forward from the public to speak for or against the
ordinance.
Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 7:27 p.m.
AGENDA ITEM #16 - CONSIDERATION OF ORDINANCE 98-29, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY AMENDING CHAPTER 2, SECTION 2.04.B
AND CHAPTER 5, SECTION 5.11.B & G WHICH WILL PERMIT EXCEPTIONS TO THE
REQUIREMENT FOR AN ENGINEERED SITE PLAN AND CHAIN-LINK DISTURBANCE FENCE FOR
CERTAIN PERMITS.
Councilman Apps MOVED to approve Ordinance 98-29. Councilwoman Wiggishoff SECONDED the motion,
which CARRIED unanimously.
AGENDA ITEM#17- CONSIDERATION OF A TEMPORARY USE PERMIT FOR A MODEL HOME FOR
MCO REALTY/YODER HOMES LOCATED AT 15024 RIDGEWAY DRIVE AKA LOT 1, FINAL PLAT
607; CASE#TU98-09.
Councilwoman Wiggishoff MOVED to approve a temporary use permit for 15024 Ridgeway Drive. Councilman
Apps SECONDED the motion. Planner Geir Sverdrup explained that a protest had been received from a neighbor
within the 300' boundary, therefore, Council approval was required to allow the temporary use permit. Councilman
Wyman noted that the address contained on the letter of protest was not on the affected streets of Ridgeway and
Palisades. The motion CARRIED unanimously.
AGENDA ITEM #18 - CONSIDERATION OF RENEWING A TEMPORARY USE PERMIT FOR A
MODEL HOME COMPLEX FOR BLUE CHIP BUILDERS L.L.C. LOCATED AT 16629 WESTBY DRIVE
& 16602 EAST PALISADES BOULEVARD, AKA LOTS 4A & 4B, BLOCK 2, FINAL PLAT 102; CASE #
TU98-11.
Mr. Sverdrup stated this request was continued from the August 6, 1998 Town Council meeting at the request of the
applicant. Since that time, an additional request to continue this matter to October 25, 2998 had been received from
the applicant. He stated staff still maintained their recommendation to deny the temporary use permit. He said the
model home complex had recently its signage, which indicated the premises was occupied by Fountain Oasis Realty
as a sales and information office. He said since the property was no longer being used as a model home in the
residential neighborhood, but rather a commercial usage, commercial zoning was required and the temporary use
permit could not be granted. Councilman Apps MOVED to approve the renewal of the temporary use permit. There
was no second to the motion, the motion DIED.
Councilman Wyman MOVED to deny the renewal of the temporary use permit for Blue Chip Builders, LLC.
Councilwoman Wiggishoff SECONDED the motion.
Councilwoman Wiggishoff stated this matter had already been continued from the August 6th meeting and said she
was disturbed about the change in signage and usage for the location. Councilman Apps said he preferred to honor
the request of the applicant to continue the matter. Councilman Wyman said he thought a continuance could be
allowed if it were reasonable but that no homes were under construction based on the model home complex in
Town Council Regular Session 9/3/98
Page 5 of 7
question. He said that since the temporary use permit had been allowed for four years, a continuance of the permit for
a different use of a real estate office should not be considered. Councilwoman Hutcheson stated the property was
zoned and bordered by the residential zoning R-2 and that the temporary use had been issued for a model home, not a
real estate sales office. She said that she had been informed that the neighbors in that area were not comfortable with
the commercial usage.
Phyllis Kern, owner of Fountain Oasis Realty, said the office was not a sales office but was being used as a model
home because her company was representing Blue Chip Properties. She stated no other business was being conducted
at that location and that her firm would be active in the sales of dwellings across the street.
Mr. Sverdrup clarified that the original zoning ordinance stated that model homes were only permitted inside
subdivisions. A modification in the ordinance permitted custom home builders to construct a model home anywhere
in the town. He said a stipulation for the temporary use permit restricted the use of the model home to sales of the
model home only. He said other projects offered on site constituted a commercial use which was not permitted.
The motion to deny CARRIED with a 4-1 vote. Councilman Apps cast the nay vote.
AGENDA ITEM #19 - CONSIDERATION OF RESOLUTION 1998-46 ABANDONING THE SOUTHERLY
100' OF THE 400' WIDE SHEA BLVD RIGHT-OF-WAY FROM PALISADES BLVD TO EAST OF
FOUNTAIN HILLS BLVD(APPROXIMATELY 3,050' AND 2,560' (12.89 ACRES).
Town Engineer Randy Harrel stated since this abandonment was considerable in size and had been specified as part
of the development agreement for Firerock Country Club, he thought it should receive separate Council approval
rather than be placed as a Consent Agenda item. Councilwoman Wiggishoff MOVED to approve Resolution 1998-
46 with all staff stipulations. Councilwoman Hutcheson SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#20- CALL TO THE PUBLIC.
No one came forward to speak from the public.
AGENDA ITEM #21 - PURSUANT TO A.R.S. 38-431.03.A.3, AND A.R.S. 38-431.03.A.7, VOTE TO GO INTO
EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION FOR LEGAL ADVICE WITH THE
ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; AND 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; RESPECTIVELY.
Councilwoman Wiggishoff MOVED to go into Executive Session. Councilman Apps SECONDED the motion, which
CARRIED unanimously. Mayor Morgan recessed the Regular Session at 7:50 p.m.
AGENDA ITEM#22- RETURN TO REGULAR SESSION.
Mayor Morgan reconvened the Regular Session of the Town Council at 8:29 p.m.
Town Council Regular Session 9/3/98
Page 6 of 7
AGENDA ITEM#23 - ADJOURNMENT.
Councilwoman Wiggishoff MOVED to adjourn the meeting. Councilman Wyman SECONDED the motion, which
CARRIED unanimously. The meeting adjourned at 8:30 p.m.
TOWN OF FOUNTAIN HILLS
By
Sharon Morgan,Mayor
AT1EST:
Cassie B. Hansen,Town Clerk
•
PREPARED BY: 6(
Linda D.Lemmen,Executive Assistant
CERTIFICATION
Ly I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting
held by the Town Council of Fountain Hills on the 3rd day of September, 1998. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 17th day of September, 1998.
Cassie B.Hansen,Town Clerk
Town Council Regular Session 9/3/98
Page 7 of 7