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Home My WebLink About1999.0415.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 15, 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, April 15, 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 and the invocation by Pastor Joel Bjerkestrand of Shepherd of the Hills Lutheran 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, and Marianne Wiggishoff. Councilman Al Poma was absent. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Town Engineer Randy Harrel,Director of Community Development Jeff Valder and Planner Dana Burkhardt. Mayor Morgan read the Consent Agenda,which consisted of the following items: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF MARCH 30TH AND APRIL 1sT, 1999. AGENDA ITEM #2 - CONSIDERATION OF A SPECIAL EVENT REQUEST SUBMITTED BY SHELLEY JOHNSON, MCO PROPERTIES, FOR A FUNDRAISING CONCERT IN FOUNTAIN PARK FEATURING THE PHOENIX SYMPHONY. THE EVENT IS SCHEDULED FOR SUNDAY, MAY 2 FROM 7:30 P.M. TO 10:00 P.M. AND WILL REQUIRE PARTIAL CLOSURE OF SAGUARO BOULEVARD BETWEEN PALISADES AND THE AVENUE OF THE FOUNTAINS. AGENDA ITEM #3 - CONSIDERATION OF APPROVING A GRANT AWARD FROM THE JUSTICE DEPARTMENT IN THE AMOUNT OF $150,000. THE GRANT, PART OF THE "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994, IS FOR TWO FULL-TIME LAW ENFORCEMENT POSITIONS. AGENDA ITEM #4 - CONSIDERATION OF THE ACCEPTANCE OF DEED FOR SUNRIDGE CANYON PARCEL 12. AGENDA ITEM#5 - CONSIDERATION OF THE FINAL REPLAT OF KINGSTREE VILLAGE CONDOMINIUMS, A REPLAT OF 10 UNITS INCREASING THE CONDOMINIUM AIRSPACE ON THE SECOND FLOOR. CASE#99-010. AGENDA ITEM #6 - CONSIDERATION OF THE REQUESTED SITE PLAN FOR AN AUTOMOBILE SALES FACILITY, LOCATED AT 11873 N. SAGUARO BLVD., AKA PLAT 205,BLOCK 3,LOT 14. Councilman Wyman MOVED to approve the Consent Agenda as read. Councilwoman Wiggishoff SECONDED the motion. A roll call vote was taken with the following results: Town Council Regular Session 4/15/99 Page 1 of 5 Councilwoman Wiggishoff Aye Councilman Apps Aye Councilman Wyman Aye Vice Mayor Mower Aye Councilwoman Hutcheson Aye Mayor Morgan Aye The motion CARRIED. AGENDA ITEM#7-MONTHLY REPORT BY MAGISTRATE STUART SHOOB. In response to several questions from Councilman Wyman, Judge Shoob corrected the monthly report, which contained the name of the wrong month on it. He stated the reason for the increase in the number of cases filed were due to an increase in population, more pressure from citizens for law enforcement in certain areas, officers from MCSO, who when on duty, wrote more than the average number of tickets, and the Marshals Department's participation in traffic enforcement by writing an increased number of citations. He explained the section of his report regarding case terminations and the amount of money collected from them. Once a case is terminated, the fines due are sometimes spread over weeks or months and the partial fines collected in each month are reported. Judge Shoob stated that each month's revenue would vary in the collection ratio. AGENDA ITEM #8 - CONSIDERATION OF AUTHORIZING THE LOAN OF $200,000 FROM THE TOWN OF FOUNTAIN HILLS TO THE FOUNTAIN HILLS WATER COMPANY COMMUNITY FACILITIES DISTRICT TO PAY FOR ENGINEERING STUDIES, FINANCIAL CONSULTANTS AND OTHER PROFESSIONAL SERVICES AS REQUIRED. THIS LOAN WILL BE REPAID WHEN THE FOUNTAIN HILLS WATER COMPANY COMMUNITY FACILITIES DISTRICT REVENUE BONDS ARE ISSUED. Town Manager Paul Nordin stated the councilmembers, acting as directors of the Fountain Hills Water Company Community Facilities District, had previously discussed this matter, that this loan would pay for expenses of the CFD, and that the loan would be repaid to the Town when the bonds were issued. Councilwoman Wiggishoff MOVED to approve the loan of $200,000 to the Fountain Hills Water Company Community Facilities District. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#9- CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR A LOT SPLIT OF LOT 33,BLOCK 2,PLAT 505-A,AKA 15839 EAST TEPEE DRIVE, CASE NUMBER S99-005. Town Attorney Bill Farrell referred to his memo, which contained attachments to clarify the definitions or a lot split versus land division. He explained that owners of real property could subdivide land through a preliminary and final plat or the Town Council could approve a replat within a subdivision as long as the area was 2 'h acres in size and the lot sizes were consistent with the zoning district. He pointed out that the total acreage was approximately three acres and the Council could administratively approve the lot split as long as the criteria had been met. He said that in the event of a conflict with existing CC&R rules, if challenged,the more restrictive rules would apply. Town Council Regular Session 4/15/99 Page 2 of 5 Councilman Wyman MOVED to approve the lot split as presented. Councilwoman Wiggishoff SECONDED the motion. Councilwoman Wiggishoff asked if the Council could do anything to negate a situation where neighborhood opposition was present. Mr. Farrell stated the Council should examine the size of lots that were being requested to be rezoned to assure that the lot sizes were reasonable and not subject to future splitting or subdividing. Ron Bruno spoke in opposition to the lot split and presented a petition of 30 signatures from residents who also opposed this request. Gerald Booth also spoke in opposition. Councilwoman Wiggishoff stated the Town had no legal basis upon which to deny this request because the applicant had followed the rules and met the criteria. Councilman Mower said the Neighborhood Property Owners Association could prevent the splitting of the lot if stipulations were included in the CC&R's prohibiting such a replat. Mr.Farrell agreed. The motion CARRIED unanimously. AGENDA ITEM #10 - CONSIDERATION OF AWARD OF BID FOR THE SLURRY SEAL ANNUAL CONTRACT. Town Engineer Randy Harrel stated the recent bid opening had produced only one bid from Southwest Slurry Seal in the amount of$301,220. This company had the Town's annual contract for the last three years and although there was a limited number of contractors who qualified to bid this project, only Southwest Slurry Seal had responded to the bid process. He explained that non-bidders had been consulted regarding the bid price and concurred that the bid was reasonable. He stated Work Order #1 would be performed in the northwest area in May and June of this year. Councilman Wyman MOVED to approve the award of bid to Southwest Slurry Seal in the amount of $301,220. Councilwoman Wiggishoff SECONDED the motion. Mr. Harrel explained that micro-surfacing added a degree of toughness and longevity to existing roads and would be used primarily on arterial streets where heavy truck traffic occurred. The motion CARRIED unanimously. AGENDA ITEM #11 - CONSIDERATION OF A MEMO OF UNDERSTANDING WITH MARICOPA COUNTY FLOOD CONTROL DISTRICT FOR THE GOLDEN EAGLE PARK DAM IMPROVEMENTS. Town Engineer Harrel reported that the Arizona Department of Water Resources had declared Golden Eagle Park Dam as an unsafe dam according to hydraulic analysis. He said staff had been working for the past 3-4 years with the Maricopa County Flood District, which resulted in their agreement to fund 65% of the improvement project. Since it was the Town's responsibility to maintain the dam and included the School District because of the location of the dam, staff recommended approval of the Memo of Understanding. Councilwoman Wiggishoff MOVED to approve the Memo of Understanding as presented. Vice Mayor Mower SECONDED the motion. Mr. Harrel stated Rich Dobson was the primary contact for the School District. Councilwoman Wiggishoff pointed out that any cost overruns would still be included in the 65/35 split. The motion CARRIED unanimously. L Town Council Regular Session 4/15/99 Page 3 of 5 AGENDA ITEM#12 - CONSIDERATION OF THE REVISED PRELIMINARY PLAT FOR THE 25.22± ACRE, 41-LOT PROPOSED EAGLE MOUNTAIN PARCEL 13 SUBDIVISION= LOCATED IN THE EAGLE MOUNTAIN DEVELOPMENT, CASE NUMBER S98-044. Director of Community Development Jeff Valder stated the first preliminary plat had been approved several months ago and since that time, the applicant had submitted revised grading quantities that the County would use to construct Shea Boulevard. He said because of the reduction of fill dirt for Shea Blvd. the applicant had asked staff what could be done to pre-fill most of the lots in this subdivision to use up excess fill. He said the revised grading plan was significant and was not in substantial conformance to the previously approved preliminary plat. The Planning & Zoning Commission had recommended approval along with the stipulations contained in the staff report. Mr. Valder explained that the stipulations included that no further grading would be permitted on individual lots other than that grading allowed using up the initial excess fill. Councilman Apps MOVED to approve the revised preliminary plat for Parcel 13 Subdivision in Eagle Mountain. Councilwoman Hutcheson SECONDED the motion. Councilwoman Wiggishoff expressed she was concerned about the mass grading of custom lots and asked if portions of the 1991 Development Agreement permitted this request. Mr. Valder stated liberal grading regulations were specified in the Phase I grading plan for the collector roadways and golf course. He said grading for custom lots was required to follow the current four times the footprint regulations. Steve Pritulsky, project manager for Eagle Mountain, stated the parcels zoned R1-10A were permitted to be mass graded as custom lots and the formerly approved preliminary plat had mostly pre-padded lots. He said the Development Agreement had obligated Eagle Mountain to contribute toward the Shea Boulevard widening project. He stated in lieu of cash funding Eagle Mountain had agreed to provide up to 100,000 cubic yards of compacted fill as part of the Shea widening project but the County had revised their plans and no longer needed that much fill. He said he was concerned about the revisions which might create excessively steep and difficult to maintain erosion control slopes immediately adjacent to the roadway right-of-way and the#16 and#17 golf course holes. He said additional efforts to increase using the excess fill were ongoing. He explained that hydro-seeding would occur in some areas and that a timing restriction might be placed on some of the lots. Vice Mayor Mower asked if other areas in Eagle Mountain could use the fill elsewhere. Mr. Pritulsky stated all other areas were either developed or in the process of being developed in Eagle Mountain. The motion CARRIED unanimously. AGENDA ITEM#13- CALL TO THE PUBLIC No one from the public came forward to speak. AGENDA ITEM#14-ADJOURNMENT. Vice Mayor Mower MOVED to adjourn the meeting. Councilman Apps SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 7:33 p.m. Town Council Regular Session 4/15/99 Page 4 of 5 TOWN OF F UNTAIN HIL By:/0 Sharon Morgan,Mayor A IT EST: Cassie B. Hansen,Town Clerk PREPARED BY:`� �li� -I , Linda D.Lemnlen,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 15th day of April, 1999. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of May, 1999. (AL4-4-4-41--k6 Q41-4A-4—/ Cassie B.Hansen,Town Clerk L Town Council Regular Session 4/15/99 Page 5 of 5