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HomeMy WebLinkAbout1999.0218.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 18,1999 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M., Thursday, February 18, 1999, 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 Ryan Corriera and Lenny Smith, Cub Scouts of Pack 243, Den#3 and the invocation by Father Tot O'Dea of the Church of the Ascension Catholic Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan,Vice Mayor Pen Mower and Councilmembers John Wyman, Sharon Hutcheson, Sid Apps, Marianne Wiggishoff, and Al Poma. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Town Engineer Randy Harrel,and Director of Community Development Jeff Valder. Agenda Item#1 was removed from the Consent Agenda. Mayor Morgan then read the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM #2 - CONSIDERATION OF THE EXTENSION OF PREMISES/PATIO PERMIT SUBMITTED BY ROSEMARY BARRINGER FOR THE SILVER STEIN LOCATED AT 17030 ENTERPRISE DRIVE. THE PERMIT IS FOR FRIDAY, SATURDAY AND SUNDAY, FEBRUARY 26TH, 27TH,AND 28TH DURING NORMAL BUSINESS HOURS. AGENDA ITEM #3 - CONSIDERATION OF THE EXTENSION OF PREMISES/PATIO PERMIT SUBMITTED BY ROSE BARRINGER FOR THE SILVER STEIN LOCATED AT 17030 ENTERPRISE DRIVE FOR MARCH 17, 1999. AGENDA ITEM #4 - CONSIDERATION OF CHANGING THE STREET NAME OF MORNING GLORY LANE TO CACTUS FLOWER WAY IN SUNRIDGE PARCEL L. AGENDA ITEM #5 - CONSIDERATION OF CHANGING THE STREET NAME OF TWILIGHT VIEW DRIVE TO AZURE COURT IN EAGLE MOUNTAIN PARCEL 14 AND 15. AGENDA ITEM #6 - CONSIDERATION OF APPOINTING ROBERT F. MOCK AND BILL TRASK TO THE MC DOWELL MOUNTAIN PRESERVATION COMMISSION TO FILL TWO VACANCIES. 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 Vice Mayor Mower Aye Mayor Morgan Aye Councilman Poma Aye Councilwoman Wiggishoff Aye Councilwoman Hutcheson Aye The motion CARRIED. Town Council Regular Session 2/18/99 Page 1 of 7 AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF FEBRUARY 2ND AND 4TH, 1999. Councilwoman Wiggishoff MOVED to approve the meeting minutes of February 2, 1999 and to table the approval of the February 4, 1999 meeting minutes until the next Council meeting. Councilwoman Hutcheson SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#7-MONTHLY REPORT PRESENTED BY MAGISTRATE STUART SHOOB. Kathy Connelly-Nicola presented the monthly report of the Magistrate Court for the month of January, 1999. She reviewed the activities of the Court and reported that a grant was being requested from the Arizona Supreme Court to fund a full-time Court Collections Specialist I position to assist the court's collection officer for a one-year period. After that time,the Court would seek budget approval to continue that position. AGENDA ITEM #8 - CONSIDERATION OF THE OBJECTIONS TO THE AWARD OF THE COTTONWOODS IMPROVEMENT DISTRICT CONSTRUCTION CONTRACT AND RESOLUTION 1999-09 REJECTING THE OBJECTIONS RELATIVE TO THE TOWN OF FOUNTAIN HILLS, ARIZONA, COTTONWOODS IMPROVEMENT DISTRICT. Town Manager Nordin stated that two objections had been received regarding the Cottonwoods Improvement District and that staff recommended the rejection of the objections by approving Resolution 1999-09. Councilwoman Wiggishoff MOVED to approve Resolution 1999-09 as presented. Councilman Wyman SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #9 - CONSIDERATION OF ACCEPTING THE RECOMMENDATION TO REJECT ALL BIDS FOR THE COMMUNITY CENTER PROJECT AS SUBMITTED BY ARCHITECT ROB DIETZ. Mr. Nordin informed the Council that the bids that were submitted for the Community Center project were all over the estimated budget figure. He stated the bids ranged from$8.8 to $10 million. After meeting with representatives of the Community Center Advisory Commission, staff and Mr. Dietz, it was recommended to reject all bids and to proceed with making alternative recommendations to the Council in the near future. Councilman Poma MOVED to reject all bids for the Community Center. Councilman Wyman SECONDED the motion. Councilwoman Wiggishoff expressed regret at not getting a bid within the budgeted figure and urged all concerned to revise the Community Center project to fit well within the budget. She suggested that the project might be constructed in phases similar to construction of the Golden Eagle Park amenities. Councilman Poma suggested the Community Center project be scaled down so that construction of a new Town Hall could be achieved. Councilwoman Hutcheson said she thought the Commission would return to the Council with careful recommendations for the Council to review. The motion CARRIED unanimously. AGENDA ITEM #10 - DISCUSSION, WITH POSSIBLE DIRECTION TO STAFF, CONCERNING: A) COMMUNITY CENTER CONSTRUCTION OPTIONS, AND B) ALLOWING A PUBLIC VOTE ON THE PROJECT OR A PORTION OF THE PROJECT. Cow Councilman Apps asked the Council to consider using a capital project accumulation fund for the auditorium part of the Community Center project and allow the voters to approve spending of those funds. He said he thought it was Town Council Regular Session 2/18/99 Page 2 of 7 important to allow citizens an opportunity to participate by voting for/against the project. Councilwoman Wiggishoff said she thought financing options could be discussed after the Community Center Advisory Committee had completed their review and submitted their recommendations. Vice Mayor Mower said he thought it was important to wait until the CCAC had reviewed the project before considering the financing options. Councilwoman Hutcheson stated she hoped mechanisms for financing the Community Center such as the combination of a municipal property corporation and a capital project accumulation fund might be considered. Mr. Farrell stated that funds in the capital accumulation fund would alter the budget process and would not be considered as part of budget limitation figures. Councilman Poma stated he was in favor of allowing a public vote on the Community Center, which could be constructed in several phases. Tom Schuelke asked when the residents would vote on this issue, before or after the funds were accumulated. Mr. Farrell answered that the voters would be granting the authority to set aside funds but that the publication and notice period would not allow this issue to be placed on the May ballot. Councilwoman Wiggishoff asked what the language would say on the ballot question. Mr.Farrell answered that the language could be something like `pursuant to Article 9, Section 20 of the Arizona Constitution, shall the Town of Fountain Hills be allowed to accumulate in a capital projects accumulation fund, "X"(amount)of dollars for the purpose of constructing a"Y"(purpose)'. Vice Mayor Mower asked if the municipal property corporation would be dissolved if the public approved the capital accumulation fund. Mr. Farrell stated the capital accumulation fund would be an alternative to set aside funds over several years until enough money was accumulated. Councilwoman Hutcheson stated she approved of the concept of using both the MPC and the capital improvement accumulation funds together. AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 1999-10 ORDERING AND CALLING A SPECIAL BOND ELECTION TO BE HELD IN AND FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA, ON MAY 18, 1999, TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE QUESTION OF AUTHORIZING THE ISSUANCE AND SALE OF A TOTAL OF $3,700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, PROJECT OF 1999, TO FINANCE A LIBRARY/MUSEUM. Town Clerk Cassie Hansen stated that the two resolutions calling a special bond election for May 18, 1999 were the next step in the process and that changes in the ballot language could be made. Councilman Apps MOVED to approve Resolution 1999-10. Councilwoman Wiggishoff SECONDED the motion. Vice Mayor Mower suggested changing the wording from "city" to "town" and also change the wording from "town library and/or museum" to "town library and museum". Councilwoman Wiggishoff suggested changing the language to read authorize the issuance and sale up to $3.7 million". Councilwoman Hutcheson asked if given the history of bids exceeding estimates, was an amount needed to be specified prior to the bid process. Mr. Nordin stated that a specific amount was required to be included in the resolution and ballot language. If the bids were submitted over the bond issue amounts, overages would be covered either by additional borrowing or alternate supplemental funding mechanisms. Ms. Hansen said the dollar amount was in line with the bid amounts that were submitted for the Community Center and was approximately$129 per square foot in cost. Councilman Poma stated that building costs had increased up to 20% lately and that the bond issue figure should be raised by$700,000. Ms. Hansen confirmed that the first numbers for the bond issue were $3.4 million and were revised to $3.7 million after consideration of costs attributed with mechanical plant and landscaping expenses. Councilman Poma MOVED to increase the bond issue to$4.4 million. There was no second to the motion,the motion DIED. Tom Schuelke suggested splitting the ballot question and allowing the voters to decide whether to build a library or a museum or both. He stated that the physical joining of two facilities was not required in order to obtain federal grants. Alan Cruikshank, President of Historical Society, pointed out the efforts in obtaining private funds from the two groups working jointly were advantageous as well as using the building for two purposes. He cited examples such as using a Town Council Regular Session 2/18/99 Page 3 of 7 central computer system as a more efficient use of space and services. Roy Porterfield, speaking on behalf of the Library Association,pointed out that both the library and museum facilities would benefit the children of the community. The motion CARRIED unanimously. AGENDA ITEM #12 - CONSIDERATION OF RESOLUTION 1999-11 ORDERING AND CALLING A SPECIAL BOND ELECTION TO BE HELD IN AND FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA, ON MAY 18, 1999, TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE QUESTION OF AUTHORIZING THE ISSUANCE AND SALE OF A TOTAL OF $1,400,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, PROJECT OF 1999, TO FINANCE THE ACQUISITION OF CERTAIN OPEN SPACE. Councilman Apps MOVED to approve Resolution 1999-11 as presented. Councilwoman Wiggishoff SECONDED the motion. Vice Mayor Mower stated this bond issue would provide for the acquisition of 9.25 acres and felt that the price per acre of $151,000 was exorbitant and inflationary. He thought the language should be revised to indicate a total "up to $1.4 million" as was inserted in the previous bond issue language and negotiate with the property owner, MCO, after the election. Councilman Poma said he felt the citizens had not objected to the development on the open space parcel being considered for this bond issue. He felt that having two bond issues would hurt the library/museum cause and that the library/museum was important to the Town. Councilwoman Wiggishoff said she thought the voters should decide the future of the open space preservation. Councilwoman Hutcheson pointed out that the residents had been promised they would be able to vote and that the developer was delaying his development until after the public vote. Councilman Apps stated the developer had included trails through the ridgeline in an effort to preserve open space. Councilwoman Nior Wiggishoff stated she felt the two bond issues were both important to the Town and would not be jeopardized by appearing on the same ballot. Town Attorney Bill Farrell stated the 9.25 acres was the size of the developable portion of land which the dwelling units would be built and that the total acreage was almost 60 acres in land. If the Town did not purchase the land, it would receive a hillside protection easement for 50 acres of land as part of the development of the 9.25 acres. He stated the purchase price for the entire 60 acre parcel had been $1.3 million for the past two years and that $100,000 was included in the bond issue to cover costs associated with bonding and financial consultant fees. He suggested the ballot question be revised to indicate that 60 acres was being acquired, 9.25 acres of which were developable. He pointed out that the Town had never experienced two financial questions on the same ballot. Vice Mayor Mower said he felt the clarification in the language was necessary for the residents to understand what lands the bond issue money would purchase. Tom Schuelke asked if a roadway would be constructed if the Town acquired the property. Mr. Valder stated if the Town acquired the property a road would not be constructed and if the bond issue failed, the developer would construct and pay for the road. Ron Bruno stated he thought the price was too much for 9.25 acres but that he didn't want to see houses built on the ridgeline. Mr. Valder pointed out the development agreement for that area provided that the Town would assume ownership of all hillside lands and that the 9.25 acres would provide for 24 lots. Hank Lickman, MCO Properties, pointed out that the purchase price had been determined by the number of buildable lots not the number of acres being sold. Mr. Farrell stated the Council could change the ballot question language to"24 units of development known as Diamonte Del Lago,Phase III"or calculate the total number of acres. Councilman Apps MOVED to change the ballot question language to read "60 acres" and revise the necessary changes as mentioned. Councilwoman Wiggishoff SECONDED the motion. Tom Schuelke asked if the language change was ikkiw contradictory to other language in the bond issue question. Councilman Apps WITHDREW his motion and Councilwoman Wiggishoff WITHDREW the second to the motion. Town Council Regular Session 2/18/99 Page 4 of 7 Councilman Apps then MOVED to amend the ballot question language to read "60 acres and appropriate description of 440 unit counts and all other changes necessary to conform to the bond issue". Councilwoman Wiggishoff SECONDED the amendment,which CARRIED with a 6-1 vote. Councilman Poma cast the nay vote. The main motion,as amended, CARRIED with a 6-1 vote. Councilman Poma cast the nay vote. AGENDA ITEM #13 - CONSIDERATION OF THE MASTER PLAN FOR DESERT VISTA NEIGHBORHOOD PARK. Al Lorenz, Chairman of the Parks & Recreation Commission, state the approval of the Master Plan for Desert Vista Neighborhood Park was necessary in order to apply for a $700,000 Heritage Grant which would cover the first phase of improvements for the park without expending any additional Town funds. He reviewed the components in the master plan and explained that the details, such as the rules for the off leash facility, would be brought forward later. The Park would include two parts, a lower area containing 3 acres for the off leash facility and the upper part for one softball field, one adult-sized soccer field, a control building, restrooms, 2 basketball courts, 2 sand volleyball courts, three racquetball courts, picnic verandas, youth playground and a water-play area. He stated no tennis courts had been planned for the park but might be considered if the Town were to acquire the adjacent 2 1/2 acres. Mr. Lorenz suggested that the Parks & Recreation Department might work with the local health club, Club Mirage, in jointly using their facility. He pointed out that the Noon Kiwanis Club had donated $15,000 for a picnic ramada at Fountain Park. He stated the total cost for all improvements would be $1.5 million and $700,000 of that figure could be obtained from a Heritage Grant, if awarded to the Town. Councilwoman Wiggishoff expressed her concern about the timing of the $800,000 funding as the additional amount for the project and suggested the project be phased. Mr. Nordin stated the money required for the most important project in each of the four budget priorities would be considered at budget time and possibly planned for over a number of fiscal years depending on available funds. Councilman Poma asked about the parking availability. Mr. Lorenz stated there was 96 on-street parking spaces, not counting any parallel parking spaces. Councilman Apps asked if the park would be lit. Mr. Lorenz stated the Heritage Funds would provide for lighting expenses. He also said joint programs with Parks & Rec. and Club Mirage was open for discussion. Mayor Morgan said she wanted a monthly report of the park's usage and incidents once the park was open. Councilman Wyman MOVED to approve the Master Plan as presented. Councilman Poma SECONDED the motion. Ron Bruno stated he thought the public should be able to participate in deciding which amenities, such as tennis courts, would be constructed in the park. Mr. Lorenz stated that this project had been in the planning stages for the past five years. Mr. Nordin explained that the Master Plan needed to be submitted for the grant application and changes could be made if a partial grant was awarded. He stated that no grant funds would be included for the off leash facility. Vice Mayor Mower stated that the entire park had been planned in conjunction with effluent disposal and any future projects would be delayed until other sites could be substituted for this park site. Mayor Morgan said she was concerned about the noise of a dog park near tennis courts. Mr. Lorenz stated the first items to be constructed would be restrooms, sidewalks and lighting. Councilman Poma said he was interested in fixing the two tennis courts at Four Peaks School as soon as possible. Susan Neuhart, Charles Axtell, Vern Tattum, Charles Bio, William Boyd, Tom Schuelke and Mark Ahern spoke from the public about the Master Plan for the park. Bruce Hansen, a member of the Sanitary District Board, pointed out that all of the land in this park was needed for effluent and that the watering at the park would be conducted when the public was not present. The activities at the park would have precedence over the watering schedule. Councilman Poma said he wanted to make sure the wash would be re-seeded and the buffer zone restored.. Mr. Lorenz stated the restoration of the wash and the lighting concerns of adjacent property owners would be addressed. He said MCO was in the process of giving the 2 ' acres across the street from the park to the Town and that area would not Town Council Regular Session 2/18/99 Page 5 of 7 would not necessarily be used for effluent disposal. Councilman Apps MOVED to amend the Master Plan by deleting the off leash facility area and construct tennis courts in its place. There was no second to the amendment, the motion DIED. Brian Schader asked about the areas in the off leash facility. Mr. Lorenz stated there were two areas in the off leash facility, one for active dogs and another for passive usage. The vote on the motion CARRIED with a 6-1 vote. Councilman Apps cast the nay vote. AGENDA ITEM #14 - CONSIDERATION OF THE MASTER PLAN FOR FOUR PEAKS NEIGHBORHOOD PARK. Mr. Lorenz stated this Master Plan did not involve any grant money and suggested this plan be tabled for further discussion concerning tennis court amenities. He pointed out that currently this facility did not have effluent water being disposed at the site but had a potential for 12 acres to be used in the future. He said the Commission wanted to upgrade this park to the quality of Golden Eagle Park in two phases. Councilwoman Wiggishoff MOVED to table consideration of the master plan for Four Peaks Neighborhood Park to a later date using the budget process. Vice Mayor Mower SECONDED the motion, which CARRIED unanimously. Councilman Poma said he wanted to address the issue of tennis court repairs at the next Council meeting. AGENDA ITEM #15 - CONSIDERATION OF INITIATING AN AMENDMENT TO SECTIONS 1.12 AND 10.02 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REVISE TWO DEFINITIONS AND TO ALLOW GUEST HOUSES IN ANY SINGLE-FAMILY ZONING DISTRICT BY SPECIAL USE PERMIT, GIVEN CERTAIN RESTRICTIONS. Director of Community Development Jeff Valder stated staff had received two requests from residents who own large lots of at least 70,000 square feet in size but were in the R1-10 zoning district. Each of them had requested the ability to apply for a guest house construction permit but because of the zoning, they were unable to apply for a special use permit. Since the intent of the ordinance was to allow for guest houses (by special use permit) only in large lots, staff recommended the Zoning Ordinance be amended to include the permitted use of a guest house in any single family zoned district as long as the lot was at least 70,000 square feet in size. He said adjustments to clarify language in the ordinance were also included. Councilwoman Wiggishoff asked about accessory buildings being attached or detached from the main building. Mr. Valder replied that a building 25' from the main building connected by a main roof would not be considered an attached building and would be separate from the guest quarters issue. Councilwoman Wiggishoff MOVED to approve the initiation of an amendment to the Zoning Ordinance as presented. Councilman Apps SECONDED the motion, which CARRIED with a 6-1 vote. Councilman Poma cast the nay vote. AGENDA ITEM#16- CALL TO THE PUBLIC Tom Schuelke requested the Council facilitate a discussion regarding usage of State Trust lands for effluent disposal. Bruce Hansen stated the Sanitary District had no plans to consider the construction of a lake on State Trust lands and that there were no money savings involved. L AGENDA ITEM #18 - 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 Town Council Regular Session 2/18/99 Page 6 of 7 THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; AND DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO Now CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION FOR THE PURCHASE OF LEASE OF REAL PROPERTY; RESPECTIVELY. Councilman Poma MOVED to go into Executive Session. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. Mayor Morgan recessed the Regular Session of the Town Council at 9:00 p.m. AGENDA ITEM#19- RETURN TO REGULAR SESSION. Mayor Morgan reconvened the Regular Session of the Town Council at 10:30 p.m. AGENDA ITEM#20 -ADJOURNMENT. Councilman Poma MOVED adjourn the meeting. Vice Mayor Mower SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 10:30 p.m. TOWN OF NTAIN HILLS 4111w1 Sharon Morgan,May A I EST: (1‘,44.4.c.„ � Cassie B. Hansen,Town Clerk PREPARED BY: Linda D.Le en,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 18th day of February, 1999. I further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of March, 1999. Cassie B.Hansen,Town Clerk Lop Town Council Regular Session 2/18/99 Page 7 of 7