HomeMy WebLinkAbout1999.0318.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
Lir FOUNTAIN HILLS TOWN COUNCIL
MARCH 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, March 18, 1999, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd.,
Building B,Fountain Hills,Arizona.
ROLL CALL-The pledge to the flag was given by Cub Scouts of Pack 243, Frog Patrol, Tony Vitellaro, Ryan Clarke
and James Vancel and the invocation was given by Councilman Wyman. 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, Marianne Wiggishoff, and Al Poma. Councilman Sid Apps was absent. 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.
Mayor Morgan read the Consent Agenda, which consisted of the following agenda items:
AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF MARCH 4TH,
1999.
AGENDA ITEM #2 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY
NANCY RYMER FOR CHILMARK'S GRILL LOCATED AT FOUNTAINVIEW PLACE, SUITE #1A,
13014 SAGUARO BOULEVARD. THE APPLICATION IS FOR A NEW CLASS 12 (RESTAURANT)
LIQUOR LICENSE.
AGENDA ITEM #3 - CONSIDERATION OF THE RENEWAL OF THE THREE-YEAR CONTRACT
WITH THE FIRM OF ALBERT HOLLER & ASSOCIATES FOR THE OUTSIDE AUDIT OF LOCAL
SALES TAX FOR THE TOWN OF FOUNTAIN HILLS.
AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1999-14 ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS LOCATED ALONG THE EASTERLY AND SOUTHERLY PROPERTY LINES OF PLAT
506-C,BLOCK 1, LOT 14(16646 PARADOX DRIVE) AS RECORDED IN BOOK 159 OF MAPS,PAGE 31
RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS. (THOMAS AND LISA
MILLER- EA99-04).
AGENDA ITEM #5 - CONSIDERATION OF THE ASSESSMENT DIAGRAM FOR COTTONWOODS
IMPROVEMENT DISTRICT.
AGENDA ITEM #6 - CONSIDERATION OF A FINAL REPLAT OF LOT 101 & TRACT "B" OF EAGLE
MOUNTAIN PARCEL 8,ADDING ONE (1) FOOT IN WIDTH TO LOT 101: CASE#S99-006.
Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Wyman SECONDED
the motion. A roll call vote was taken with the following results:
Councilman Poma Aye
Councilwoman Wiggishoff Aye
Councilman Wyman Aye
Vice Mayor Mower Aye
Councilwoman Hutcheson Aye
Mayor Morgan Aye
Town Council Regular Session 3/18/99
Page 1 of 7
AGENDA ITEM#7- MONTHLY REPORT BY MAGISTRATE STUART SHOOB.
In the absence of Magistrate Shoob, Town Manager Paul Nordin asked the Council to direct their questions to the
Judge regarding the monthly report for February.
AGENDA ITEM #8 - YEAR 2000 UPDATE BY INFORMATION TECHNOLOGY SPECIALIST PETER
PUTTERMAN AND RISK MANAGER WALLY HUDSON.
Mr. Putterman reported that a representative from Sunrise Technologies had recently completed a three-day
assessment of the Town's computer operations and would be submitting a report. Additional efforts will be made to
set up public information sessions.
Mr. Hudson informed the Council that the Arizona Risk Retention Pool had its ISO coverage amended to cover any
liability costs incurred to the Council or Town as a result of any Y2K problem claims. The Town would be
responsible for fixing any problems, not the liability part of any claim. He stated the Pool had set aside $1,260,000
for assistance to towns and cities to fund programs necessary to prevent Y2K problems. He said the Town of
Fountain Hills had been awarded a check for $10,200 from this fund. Mr. Hudson indicated that most towns and
cities have complied. Additionally, the Pool had purchased re-insurance as a pro-active measure.
AGENDA ITEM #9 - CONSIDERATION OF THE COMMUNITY CENTER ADVISORY
RECOMMENDATION AS TO HOW TO PROCEED WITH THE RE-BIDDING PROCESS FOR THE
PROPOSED COMMUNITY CENTER PROJECT.
Walt Franklin, Chairman of the Community Center Advisory Commission, stated the Commission had been working
very intensively to present a new recommendation to the Council since the bids for the project had been submitted
over the estimated budget figure two months ago. Robb Dietz, the architect from Hofmann-Dietz, stated 13 options
had been developed and reviewed and that the Committee had taken three options as a final selection. Option "A"
and "E" were single-phase options to build the entire building with a few reductions or to postpone the building until
a time when funds were available to build the entire project. The second variation of options reduced the scope of
the project and postponed some of the spaces in the project. The final option was to construct the project in two
phases. Mr. Franklin stated the Commission had first recommended Option "A" to build the entire project. After
realizing that funds were not available to meet that recommendation, the Commission recommended Option `B2" to
build the entire Community Center side of the project as originally designed along with the lobby/gallery and delay
the performing arts facility until the funds were budgetable to allow for the entire facility to be built as originally
designed. The recommendation also contained a suggestion that the Community Center building appear as a
complete building, not a building waiting for an addition. Councilwoman Wiggishoff asked about redesigning the
lobby area. Mr. Franklin said the Commission wanted the lobby area treated properly to look complete. He said the
estimated construction cost of Community Center was $4.5 million and did not include furnishings and fixtures in
this price. Additional items for staging and lights would also be needed for high school events and other
organizations to make the Community Center more usable.
Town Manager Nordin commended the Community Center Advisory Commission for their participation in the
planning process during the past several years. He suggested the Council direct staff to proceed with plans and
specifications for re-bidding the Community Center part of the project along with a redesign of the lobby and to
develop an appropriate financing package under Option `B2"as recommended by the Commission.
Vice Mayor Mower stated the design for the entryway was needed and said he was concerned that the chiller room
and the utility room locations would be built to accommodate just the Community Center. He said he favored a
campus arrangement of the three free-standing buildings in this area; the Community Center, the Performing Arts
Town Council Regular Session 3/18/99
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Center, and if approved by the voters, the Library/Museum building. Vice Mayor Mower MOVED to approve the
recommendation of the CCAC and direct the architect to redesign the lobby, chiller room and the utility room details
Le and return to the Council. Councilwoman Hutcheson SECONDED the motion. Councilwoman Hutcheson stated
she thought building just the Community Center building at this time was a workable proposal and supported the
concept of a campus style area. Councilman Poma asked if the square footage price would be reduced as a result of
building only the Community Center. Mr. Dietz responded by saying that the performing arts building was more
expensive per foot to build and predicted square footage costs to decline for the Community Center building.
Councilman Wyman pointed out that the development of this project for the building of a Community Center and
Performing Arts Center was consistent with other long range planning efforts of the Town as the parks and roadways
had been developed in phases. Mayor Morgan spoke in favor of the Commission's recommendation and said she
wanted the building of Community Center to start as soon as possible. Mr. Franklin stated that the furnishings and
fixtures for the Community Center were estimated at $300,000-$350,000 and anticipated additional private sector
donations.
Mark Van Boeckel said he thought scaling back was a good compromise for the Town. Tom Schuelke said he
thought a 38,000 square foot building was too large for a small town like Fountain Hills. He stated the Town should
maintain the existing Community Center for meeting purposes and forego some of the additional rooms in the new
facility.
The motion CARRIED unanimously.
AGENDA ITEM #10 - CONSIDERATION OF A PARTICIPATION AGREEMENT WITH THE
SANITARY DISTRICT AND MCO PROPERTIES TO INSTALL AN EFFLUENT DISCHARGE SYSTEM
AT FOUR PEAKS PARK AND OTHER POSSIBLE LOCATIONS. THIS WOULD ALLOW FOR THE
4400, REMOVAL OF THE EFFLUENT FIELDS LOCATED ALONG THE SOUTH SIDE OF SHEA
BOULEVARD AND WEST OF THE BANK OF ARIZONA, PROVIDING LAND FOR THE
DEVELOPMENT OF THE PROPOSED TARGET PROJECT.
Town Manager Nordin reminded the Council of the ADEQ agreement that a certain number of acres must be
provided for effluent spraying in the Town. To move any temporary location of existing fields would require a re-
location of the same or larger number of acres. He said the Four Peaks Park site (approx. 7 acres in size) and part of
the Desert Vista Park site (approx. 2.9 acres in size) were the areas chosen for the relocation of effluent disposal.
Mr. Nordin stated the cost to move the effluent fields was $615,000 and requested direction as to the Town's
financial participation in this matter. He suggested the Town's portion would be $205,000 or one-third of the costs.
Councilwoman Wiggishoff asked how the Four Peaks Park and the Field of Dreams site were watered at the present
time. Mr. Nordin answered that although the Field of Dreams site was not currently being watered, the Four Peaks
Park was watered with potable water.
Councilman Poma said he thought that MCO should be responsible for moving the effluent field so they could
market their property on Shea. He thought the Town could grant the use of Four Peaks Park for the effluent field but
shouldn't participate in financing this project. Councilwoman Wiggishoff stated she found it
unconscionable that the Town was maintaining acres of green space by. spe nding the Town'; For with potable
water. She felt that saving $24,000 per year in lower watering costs was-negligible and, that more importantly, the
conversion of Four Peaks Park to effluent watering should be a Town priority. She pointed out that since MCO had
agreed to participate by providing up to $200,000, this was an opportunity to get work done that the Town should
have accomplished and also benefit by receiving a financial subsidy for the project from MCO. Councilwoman
Wiggishoff then MOVED to authorize up to $205,000 or one third of the cost for moving the effluent fields. Vice
44180, Mayor Mower SECONDED the motion.
Town Council Regular Session 3/18/99
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Vice Mayor Mower said effluent watering of the Four Peaks Park had been discussed for a long time and that the
moving of the effluent fields from the Shea location was an excellent chance to get the job completed.
Councilwoman Hutcheson said the effluent on the property on Shea would have to be moved if the property were to
be sold anyway and that perhaps another opportunity might be available in the future. She said it was premature to
participate with this issue until the Sanitary District had committed one third of the costs. She pointed out that the
Master Plan for the Four Peaks Park had not been approved and future uses for the park had not been resolved at this
time. Councilman Wyman said he wanted to hear comments from the Sanitary District. Mayor Morgan supported
the relocation of the effluent fields and the participation in costs by MCO and possibly the Sanitary District.
Mark Van Boeckel said he thought MCO should pay for the entire project. Jane Belper stated she was concerned
about the time schedule for watering the school park field and suggested a feasibility study be completed. Justin
Henry stated he thought MCO should pay for the relocation. Elaine Tan pointed out that the property on Shea was
not rezoned to allow for a Target store. Bill McGivern read several questions for the Council to consider. He asked
if a need had been established to spend taxpayer money on moving effluent fields other than creating an opportunity
for the developer to market his property. Tom Schuelke stated he thought it would be more beneficial to have a
public park watered with potable water. Dick Pilsner asked about a plan for permanent sites for the effluent
watering.
Bruce Hansen, a representative of the Sanitary District, said he thought the Four Peaks Park was an adequate place
for permanent effluent disposal and more temporary fields were going to be needed. He said the Sanitary District
would be meeting to study re-use agreements to determine priority status for effluent watering.
Joe Huske spoke in strong opposition to the Target project and urged the Council to defer this matter until the
Sanitary District had met. Pamela Curtis accused the Council of having made up their minds about the rezoning of
the property for the Target project prior to a public hearing. She stated the current zoning, Ind-1, was for industrial
uses only and that by allowing a commercial development such as Target would only make the town look similar to
Scottsdale. Frank Koval and Sam Vancel also spoke in opposition to participating in the financing for relocation of
effluent fields.
Mayor Morgan MOVED to table discussion on this matter until more information was available from the Sanitary
District. Councilman Wyman SECONDED the motion, which CARRIED with a 5-1 vote. Councilman Poma
votes nay.
AGENDA ITEM #11 - CONSIDERATION OF APPROVING AN EXPENDITURE IN THE AMOUNT OF
$21,157.84 TO PURCHASE A 15-PASSENGER VAN FOR YOUTH AND TEEN PROGRAMS.
Bryan Hughes, Recreation Coordinator for the Parks & Recreation Department, addressed the Council about
purchasing a new 15-passenger van, on state contract, to be used for youth programs during the summer. Formerly,
he said the Parks & Recreation Department had co-used the Boys & Girls Club vehicle but due to the increase in the
number of children registering for youth programs, a separate van was needed. Councilman Poma led discussion
about using school busses. It was determined that school busses could not be used because of special licenses
required to drive a bus and insurance requirements for seat belts and required air conditioning. Councilman Mower
stated the Senior Center might also consider using a 15-passenger van also. Councilwoman Hutcheson stated the
staff report had indicated other line items in the Parks & Recreation budget that were either under-budget or were not
going to be spent and that the amount needed for a van would be more of a transfer of funds from those line items
rather than an additional funding request.
Councilman Poma MOVED to approve the expenditure as presented. Councilwoman Wiggishoff SECONDED the
L. motion, which CARRIED unanimously.
Town Council Regular Session 3/18/99
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AGENDA ITEM #12 - CONSIDERATION OF ORDINANCE 99-16, INCREASING THE CORPORATE
LIMITS OF THE TOWN OF FOUNTAIN HILLS, MARICOPA COUNTY, STATE OF ARIZONA,
PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED
STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY
CONTIGUOUS TO THE EXISTING TOWN LIMITS.
Town Attorney Bill Farrell stated he had obtained signatures from three of the five property owners of 330 acres of
land at the northwest corner of Palisades and Shea Boulevard for proposed annexation. If the Council approved this
ordinance, the property would become officially annexed to the Town of Fountain Hills after a thirty-day period.
Councilwoman Wiggishoff MOVED to approve Ordinance 99-16 as presented. Councilman Wyman SECONDED
the motion, which CARRIED unanimously.
AGENDA ITEM #13 - CONSIDERATION OF INITIATING AN AMENDMENT TO SECTION 5.06 OF
THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ADD SUBSECTION 5.06 (I)
TO DISREGARD HAMMERHEAD CUL-DE-SAC PROPERTY LINES WHEN DETERMINING FRONT
OR STREET SIDE YARD SETBACKS IF CERTAIN CRITERIA ARE MET.
Director of Community Development Jeff Valder explained the concepts involved and showed graphics for cul-de-
sac property lines, which could be affected when requests were received for extending fences because of sight-angle
issues and traffic safety. He said there were 13 hammerhead cul-de-sac properties in the town and had received a
request from a property owner to construct a wall along the street/side yard. Current language in the Zoning
Ordinance allows the Town Engineer to approve/disapprove any wall or fence inside a site triangle if he felt that
ingress or egress would be impaired. Councilman Mower said he was concerned about changing an ordinance
because of one request. Councilman Poma suggested the adjacent property owners give written permission to allow
a variance for a wall or fence. Mr. Valder said he could add a provision to allow for written permission of adjacent
Now neighbors under Section "D". Councilwoman Wiggishoff said she was concerned about approvals dependent on
neighbors' permission it and preferred to address each situation with the safety factors approved by the Town
Engineer.
Councilman Wyman MOVED to proceed with the initiation of an amendment to the Planning & Zoning
Commission and add Section "D" to allow for written permission of adjacent property owners. Councilman Poma
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #14 - PUBLIC HEARING ON ORDINANCE 99-8, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 5, SECTION 5.06.F. & G. TO
FURTHER DEFINE THE REQUIREMENTS FOR ACCESSORY STRUCTURES (CASE NUMBER Z99-
Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 8:40 p.m. Mr.
Valder stated this matter had been continued from the last meeting and staff had revised the language pursuant to the
last Council meeting. He said this matter should now be sent back to the Planning &Zoning Commission to re-notice
for a public hearing. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town
Council at 8:42 p.m.
AGENDA ITEM #15 - CONSIDERATION OF ORDINANCE 99-8, AMENDING THE ZONING
Now ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS CHAPTER 5, SECTION 5.06.F. & G. TO
Town Council Regular Session 3/18/99
Page 5 of 7
FURTHER DEFINE THE REQUIREMENTS FOR ACCESSORY STRUCTURES (CASE NUMBER Z99-
0
Lie Vice Mayor Mower asked about Section "G" and suggested a height limitation of 6' or less in height be inserted in that
section. He then MOVED to add the height limitation language into Section "G", re-notice the entire amendment, and
send it back to the Planning & Zoning Commission. Councilman Wyman SECONDED the motion. Sam Vancel
asked the Council to consider an exemption for smaller lots to allow for accessory buildings. The motion CARRIED
unanimously.
AGENDA ITEM#16- CONSIDERATION OF THE EAGLE MOUNTAIN DEVELOPMENT AGREEMENT
MODIFICATION REGARDING THE PALISADES EXTENSION.
Town Engineer Randy Harrel explained that the Development Agreement for Eagle Mountain had required a secondary
access road be constructed prior to the 351st building permit. Because of the timing of the construction of the Firerock
Country Club project, Eagle Mountain has asked to defer that secondary access road construction until an appropriate
time to coincide with the Firerock Country Club development. He said the Fire Board had reviewed this matter and
provided guidelines in a memorandum of understanding which were included along with his stipulations in a
participation agreement. Vice Mayor Mower asked if one half of the road would be paved. Mr. Harrel answered that
the Fire Board had requested at least a 12' lane be constructed on the Eagle Mountain side. Councilwoman Hutcheson
stated it should be noted that changes in a development agreement was an exceptional approval. Councilman Wyman
MOVED to approve the modification in the Eagle Mountain Development Agreement as presented. Vice Mayor
Mower SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #17 - PUBLIC HEARING ON ORDINANCE 99-14, REZONING 4.58 ACRES FROM "C-
1" NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT TO THE "TCCD"
TOWN CENTER COMMERCIAL ZONING DISTRICT, LOCATED EAST OF SAGUARO BLVD.,
NORTH OF EL LAGO BLVD.,AND SOUTHWEST OF FOUNTAIN PARK, CASE NUMBER Z99-09.
Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 8:53 p.m. Mr.
Valder explained this zoning change for the site, now known as the Village Bazaar, would allow for outside eating
quarters and sales of alcohol for a restaurant without the need to obtain a special use permit. Another advantage of
the zoning change was the allowance of a 30' height limit rather than a 25' limit. Mr. Valder stated the TCCD
zoning district had been recently approved to accommodate commercial activities and was consistent with the
General Plan. There were no comments from the public. Mayor Morgan closed the public hearing and reconvened
the Regular Session of the Town Council at 8:55 p.m.
AGENDA ITEM#18 - CONSIDERATION OF ORDINANCE 99-14, REZONING 4.58 ACRES FROM "C-1"
NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT TO THE "TCCD"
TOWN CENTER COMMERCIAL ZONING DISTRICT, LOCATED EAST OF SAGUARO BLVD.,
NORTH OF EL LAGO BLVD.,AND SOUTHWEST OF FOUNTAIN PARK, CASE NUMBER Z99-09.
Councilman Wyman MOVED to approve Ordinance 99-14 as presented. Vice Mayor Mower SECONDED the
motion, which CARRIED unanimously.
AGENDA ITEM#19- CALL TO THE PUBLIC
Town Council Regular Session 3/18/99
Page 6 of 7
No one came forward to speak from the public.
4460, AGENDA ITEM #20 - 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. Vice Mayor Mower SECONDED the motion,
which CARRIED unanimously. Mayor Morgan recessed the Regular Session at 9:00 p.m. to go into Executive
Session.
AGENDA ITEM#21 -RETURN TO REGULAR SESSION.
Mayor Morgan reconvened the Regular Session at 9:45 p.m.
AGENDA ITEM#22 -ADJOURNMENT.
Vice Mayor Mower MOVED to adjourn the meeting. Councilman Poma SECONDED the motion, which CARRIED
unanimously. Mayor Morgan adjourned the meeting at 9:45 p.m.
TOWN OF FO NTAIN HILLS
By:
( I/� Sharon Morgan,Mayor
A I EST: i� C �LJ
4fArk,4&
Cassie B. Hansen,Town Clerk
•
PREPARED BY: (�
Linda D.Lemm n,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 March, 1999. I further certify that the meeting was duly
called and that a quorum was present.
DATED this 1st day of April, 1999.
CALZ-J-424-- 5Utiz44-4.-i
Cassie B.Hansen,Town Clerk
Town Council Regular Session 3/18/99
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