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HomeMy WebLinkAbout2000.0302.TCREM.MinutesIR TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 2, 2000 Mayor Morgan called the regular session of the Town Council to order. Following the pledge and the invocation by Pastor Dennis Daniel — First Baptist Church, roll call was taken. ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Sid Apps and Councilmembers John Wyman, Pen Mower, Al Poma, Marianne Wiggishoff, and Sharon Hutcheson. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Director of Administration/Town Clerk Cassie Hansen, Acting Town Engineer Tom Ward, Director of Parks and Recreation Robin Goodman, and Director of Community Development Jeff Valder. Mayor Morgan announced that at the request of Councilman Mower Agenda Item #9 had been removed from the Consent Agenda and that North Heights Property Owners Association had requested the removal of Agenda Item #14. She then read the remaining Consent Agenda, which consisted of the following agenda items 1 - 8: AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE MEETING MINUTES OF FEBRUARY 15 AND 17 TH.2000. AGENDA ITEM #2 — CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY HISHAM FRANCIS FOR THE CORNER MARKET LOCATED AT 17115 EAST SHEA BOULEVARD. THE APPLICATION IS FOR A NEW CLASS 10 BEER AND WINE STORE LICENSE. AGENDA ITEM #3 — CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY MARK SAND FOR HGC IMPORTS OF ARIZONA LLC LOCATED AT 16508 EAST LASER DRIVE. THE APPLICATION IS FOR A NEW CLASS 4 WHOLESALER LICENSE. AGENDA ITEM #4 — CONSIDERATION OF RESOLUTION 2000-05 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE SOUTHERLY PROPERTY LINE OF PLAT 505A, BLOCK 2, LOT 7 (15515 E. RICHWOOD AVE.) AS RECORDED IN BOOK 158 OF MAPS, PAGE 40 RECORDS OF MARICOPA COUNTY, ARIZONA (KEVIN CLOSE). AGENDA ITEM #5 — CONSIDERATION OF RESOLUTION 2000-06 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE NORTHEASTERLY AND SOUTHEASTERLY PROPERTY LINES OF PLAT 204, BLOCK 11, LOT 13 (11033 N. REGENCY PLACE) AS RECORDED IN BOOK 142 OF MAPS, PAGE 10 RECORDS OF MARICOPA COUNTY, ARIZONA EA00-04 (KHALIDA YONO). AGENDA ITEM #6 — CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 13.18t ACRE, 20-LOT, 2-TRACT FIREROCK COUNTRY CLUB PARCEL L-1, LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD, CASE NUMBER S99-043. AGENDA ITEM #7 — CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 4.68t ACRE, 6- LOT FIREROCK COUNTRY CLUB PARCEL 1-2, LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD, CASE NUMBER S99-044. Town Council Regular and Executive Session 3/2/00 Page 1 of 15 AGENDA ITEM #8 CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 14.30t ACRE 10-LOT, 2-TRACT FIREROCK COUNTRY CLUB PARCEL L-3, LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD, CASE NUMBER S99-045. Councilman Poma MOVED to approve the Consent Agenda as read. Vice Mayor Apps SECONDED the motion. A roll call vote was taken with the following results. Vice Mayor Apps - aye Councilman Wyman — aye Councilwoman Mower - aye Mayor Morgan - aye Councilman Poma - aye Councilwoman Wiggishoff — aye Councilwoman Hutcheson - aye The motion CARRIED unanimously with a roll call vote. AGENDA ITEM #9 — CONSIDERATION OF RENEWING THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR FISCAL YEAR 2000/2001 ALLOWING ANOTHER FOUNTAIN HILLS OFFICER TO PARTICIPATE IN THE STATE GANG FORCE. ALL COSTS RELATING TO THE APPROVAL OF THIS ITEM ARE PAID BY THE STATE OF ARIZONA AT NO EXPENSE TO THE TOWN OF FOUNTAIN HILLS. Councilman Mower stated he had asked that this item be removed from the consent agenda, as it was an item that should receive more recognition. He acknowledged that Safety Director Gendler had received the fifth grant to send a deputy to the state gang task force training and he said it was very commendable. He noted that it showed the foresight of Director Gendler and the fact that the Town was very interested in stopping gang activities in Fountain Hills. Councilman Mower MOVED to approve the renewal of the IGA with the State of Arizona as presented and Councilwoman Wiggishoff SECONDED the motion. Mayor Morgan agreed that Safety Director Gendler and his officers were doing a very good job and she thanked them. The motion CARRIED unanimously. AGENDA ITEM #10 — CONSIDERATION OF CREATING A LEADERSHIP AND DEVELOPMENT COMMITTEE TO WORK WITH THE TOWN AND THE BOYS AND GIRLS CLUB OF SCOTTSDALE TO ADVANCE THE BOYS AND GIRLS CLUB'S GOALS AND OBJECTIVES IN THE TOWN OF FOUNTAIN HILLS. Director of Administration Cassie Hansen reviewed that Mr. Jim Stratton and Jim Zadoorian from the Boys and Girls Club of Scottsdale had made a presentation to the Council. At that meeting Joyce Szeliga, a Fountain Hills' resident, had suggested that the Council form a citizen committee to help plan for the club's future in Fountain Hills. Since the item had not been agendized for Council action, staff had been directed to place the committee issue on the next Council agenda. She explained that Joyce had been working with Mr. Stratton and was willing to chair the committee proposed at the last meeting. She said three other citizens, Bruce Hansen, Diane Howe, and Mary Smalle had also volunteered to serve on this committee, as well as Councilman Wyman. She explained that if the Council decided to establish a Leadership and Development Committee, Ms. Szeliga could be named the chairperson and requested to solicit additional interested citizens to serve in an advisory capacity. The Committee could then work with town staff and the Boys and Girls Club representatives to establish a leadership base and formulate a development plan for the local club. She said periodic reports could be made and could be given to the Council along with possible recommendations for future town participation and/or support. She said staff would take whatever direction the Council gave. r Councilman Wyman MOVED to create a Leadership and Development Committee of citizens to work with the Boys and Girls Club of Scottsdale and Councilman Poma SECONDED the motion. Town Council Regular and Executive Session 3/2/00 Page 2 of 15 Councilwoman Wiggishoff stated she supported the efforts of the Boys and Girls Club in Fountain Hills but she was confused about the purpose of the committee at this stage. She inquired how its purpose was different from that of the Parks and Recreation Commission. She said it seemed that there would be a lot of duplication and overlapping of programming and facilities. She was concerned that the Council might be called upon to support it. She said it would behoove them to put this mission in the hands of the Parks and Recreation Commission right now. At some appropriate point, they could create their facility subcommittee that would work directly with the Boys and Girls Club as they already have a good working relationship with the Boys and Girls Club. She stated that the Parks and Recreation Commission was the citizens' and Council's experts on recreation and programming needs in the community. She questioned whether or not the Leadership and Development Committee was needed at this point. Councilman Poma said she made sense yet suggested a subcommittee could be formed from the Parks and Recreation Commission. He asked Parks and Recreation Director Robin Goodman for her opinion of duplication of programming offered by the Boys and Girls Club. Director Goodman reiterated that the Parks and Recreation Department had an excellent working relationship with the Boys and Girls Club. She agreed it was not in the interest of the Parks and Recreation Department or the Boys and Girls Club to duplicate services. Councilman Poma asked if she felt a subcommittee of the Parks and Recreation Commission would be the appropriate option. Director Goodman stated the Fountain Hills' branch of the Boys and Girls Club was an independent organization who did an excellent job of serving boys and girls. She suggested that the Parks and Recreation Commission and the subcommittee for facilities work with the Boys and Girls Club, which was being done. Councilwoman Wiggishoff confirmed that there was no reason that a group of citizens could not organize themselves and work with the Boys and Girls Club as an independent entity. As far as representing the Council, she felt the Parks and Recreation Commission was already in place. She acknowledged that there had been discussions with the YMCA. She suggested keeping a little distance and develop working relationships through the Parks and Recreation Commission and its subcommittees to work out what would be the best configuration for the community. Councilman Mower asked what the mission, goals, and objectives of the proposed Leadership and Development Committee would be. Joyce Szeliga, Carmel Dr. She stated Mr. Stratton had approached her in an effort to gain support from residents for a building in Fountain Hills. She felt the committee should be a secondary committee apart from Parks and Recreation because they were two separate things. She explained that Scottsdale residents had been doing all the work and they now wanted Fountain Hills' residents to get involved. Councilman Poma asked her to clarify if the Scottsdale Committee was an appointed committee by the City of Scottsdale or a committee of their residents working for the Boys and Girls Club. Gretchen Long, Boys and Girls Club of Scottsdale She clarified the idea of a committee was to have the connection and voice of the Fountain Hills' residents rather than having the committee viewed as an outside entity. She verified Scottsdale had a volunteer board for the Boys and Girls Club made up of residents and business owners. It was not a City of Scottsdale entity. Councilwoman Hutcheson said the committee recently meeting regarding the YMCA was not a committee that had been authorized by the Council. She said that since there were volunteers to look into the Boys and Girls Club, the Town needed to assimilate them into the process and utilize their willingness to look into this option. She suggested using the people who had volunteered and Councilman Wyman, if agreeable, not as a Council authorized commission, but as a citizen committee who would report to the Parks and Recreation Commission. She further suggested that a member of the Parks and Recreation Commission participate to give input and guidance to bring together both things. Town Council Regular and Executive Session 3/2/00 Page 3 of 15 Mayor Morgan stated she would hesitate and hate to stifle people who wanted to volunteer and give of their own private time for the betterment of the youth of the community. She said she agreed that the citizens should form their committee and perhaps as Councilwoman Hutcheson had suggested, someone from the Parks and Recreation Department could serve on the committee and remove some of the load from the Commission. Councilwoman Wiggishoff restated that the question before Council was whether or not the committee needed to be authorized by the Council. Considering that the Council did not formally authorize the committee for the YMCA she did not see them authorizing the Boys and Girls Club committee. She said the participation of everyone was to be encouraged and applauded. She hoped the networking effort with the Parks and Recreation Commission would ensure that the Fountain Hills voices were being heard. Councilman Mower confirmed that the YMCA had formed an advisory board and they had not gone through the Town Council to get permission to do that. He proposed that the Boys and Girls Club do the same thing and form their own advisory board. He recommended that a member of each of the clubs be on both boards for the potential cooperation between the Boys and Girls Club and the YMCA, as well as with the Parks and Recreation Commission. Councilwoman Hutcheson agreed with Councilman Mower yet added that on the YMCA advisory board there were two people from the Council (Councilman Mower and Councilwoman Hutcheson) and representatives from Parks and Recreation. She proposed the same participation on the Boys and Girls Club advisory board even though the Council did not authorize it. Councilwoman Wiggishoff said all they would have to do would be to ask any Councilmember to participate as private citizens and not as a representatives of the Council. Councilman Mower confirmed that he and Councilwoman Hutcheson had volunteered for the Y committee as private citizens who were interested in that program and not as Council representatives. Town Manager Nordin suggested that if the Council so directed staff, he would prepare a resolution or statement that could come to the Council on a subsequent agenda that would not appoint or authorize but would encourage and support the Boys and Girls Club. Councilman Wyman stated he would be willing to serve on the committee as a citizen but he wanted to see Parks and Recreation Department involved. Joyce Szeliga said the Boys and Girls Club had been in Fountain Hills since 1996 and explained that this committee, which was being discussed, would be formed to look for land and to build a facility. She clarified it was not a request for the formation of an advisory board to see if .the Town wanted a Boys and Girls Club. She explained the Boys and Girls Club wanted to step forward and build a facility and they wanted land. She said the Boys and Girls Club was looking to see if the Town would help with some land. They knew there was an interest because of the membership increase from 23 to 466 members. Councilman Poma reviewed that Scottsdale had a board and Fountain Hills did not. He stated that the citizens should form one. He asked that when the Club located the land and when they knew how much was needed from the Town, come back to the Council as a committee with a status report and ask. Gretchen Long, Boys and Girls Club representative She acknowledged that this was what they were asking. Hills was looking for local representation for the board. She clarified that the Boys and Girls Club of Fountain She acknowledged that they now had a chair in Joyce Szeltga. She said that the Boys and Girls Club was very happy with the working relationship that had been established with Parks and Recreation. Bruce Hansen, 15766 Sunburst He said he was surprised at the Council's actions. He said the City of Scottsdale supported their Boys and Girls Club a lot more than the Town of Fountain Hills did. He gave an example that Scottsdale leases buildings to them for $1 a year and noted that Scottsdale does a lot of other things. He brought to their attention that this Town Council Regular and Executive Session 3/2/00 Page 4 of 15 Council and previous Councils had no problem appointing advisory boards prior to this. He listed various boards such as a Cable Television Advisory Board to a Law Enforcement Advisory Board stating that more than 25 boards had been appointed. He did not see why they could not appoint this board. He said this was not a competition with Parks and Recreation or a subdivision of Parks and Recreation. He reminded them they had no problem appointing a McDowell Mountain Preservation Committee authorized by the Council, which was fine. But certainly the kids were as important as land preservation and he did not see why the Council could not do this. Councilwoman Wiggishoff responded that the characterization of this Council was immensely unfair. She said this was hardly a commission to negotiate a contract for public services, or a commission to advise the Council on prioritization of land. This was for a non-profit organization that wanted the blessing of the Town Council to go out and find land and then would come back to the Town and ask them to build it for them. She said it dovetailed on the mission of the Parks and Recreation Commission and for that reason it could not operate apart from it. John Kavanagh, Seminole Lane He suggested appointing one Youth Center Committee with members made up of Councilmembers; a Parks and Recreation representative; a School District representative; any interested parties involved with siting, locating fund raising, and planning; as well as prominent citizens with no members from either the Y or Boys and Girls Club. Those club representatives could be called upon for information and advice when needed. He pointed out there was an extra lot next to the planned Community Center, Library/Museum project that could house a Youth Center. Because that would be free land it would save any group coming in over $1 Million dollars and that could be put into a building for the kids. Mayor Morgan questioned the formation of a youth committee since the Y encompassed all ages. Mr. Kavanagh responded that the age issue would need to be addressed early on in the discussion of who would be operating in Fountain Hills. He pointed out that adults already had such facilities in the Champion Gym, Club Mirage, and CopperWynd. He said the Town would have to decide if there was a problem with subsidizing another group that would essentially be offering the same services that would be cutting into the income of the other business. He proposed the YMCA be asked to curtail their programming just to the children. Councilwoman Wiggishoff stated that topic of a "youth center" was a little too premature and acknowledged that the Council did not want to vote against the Boys and Girls Club. She suggested that those who had made the motion withdraw their motion and second and then put a motion on the floor that the Council could approve. Ms. Hansen reiterated the purpose of the Boys and Girls presentation at the last meeting was to come before the Council and reinforce their commitment to the Town's youth and ask for Council direction. She said Scottsdale had a very successful Parks and Recreation Department as well as a very successful Boys and Girls Club Organization. They were separate and each organization served their own niche. She felt the Boys and Girls Club had come to the Town to act as the hub between the Y, Parks and Recreation, and the Boys and Girls Club. She did not see the proposed committee as a separate competing committee but more of another representation of a particular niche that needed to be filled. Once the Boys and Girls Club identified their niche they would come together down the road to avoid any programming duplication. This committee should not be seen as competing with Parks and Recreation. Councilman Wyman said one of the things that should be kept in mind was scale. He did not feel Fountain Hills should be compared with Scottsdale. He expressed concern there could be duplication if this wasn't handled through a central agency, particularly when talking about land. Councilman Mower suggested tabling this issue, get a redefinition of what the Boys and Girls Club really wanted to do and then have them come back to the Council. Or, if they don't want to bring the issue back before the Council, they should form their own advisory committee, separate from the Town, and go about their objectives. He proposed that once they found the land and they need funding, then have them come back to the Council. Town Council Regular and Executive Session 3/2/00 Page 5 of 15 Councilwoman Hutcheson reviewed a suggestion regarding the formation of one single committee. She felt the Council would be stepping in prematurely. She proposed encouraging those on the Y committee to continue meeting. She would like to find a way to encourage this new committee of volunteers to continue their work much as the Y committee was doing, with representation from Parks and Recreation and the Council as a part of their committee. Then complete their findings and come back to either the Council or Parks and Recreation Commission to make their report. Michael Fleck, Chairman Parks and Recreation Commission He stated the Council had one deliberative group already, which was the Parks and Recreation Department. He pointed out they were currently at the beginning of their planning stage for the Vision 2005, the completion of the parks system in Fountain Hills. He said if he understood their mandate correctly, they were responsible for reviewing and considering the Town's recreational needs. He acknowledged the wonderful working relationship with the Boys and Girls Club. He expected that to continue. He recommended that the Council not appoint a separate Council sanctioned committee. It would go against the nature of the public process and the Council already had a public body formed that could handle it. He said the Commission would be happy to bring the Boys and Girls Club and the YMCA to the table. Mayor Morgan stated the Y could not be brought to the table, as she did not know who had formed the YMCA committee and said she did not know if the Council had the right to direct them. Councilwoman Wiggishoff clarified that Chairman Fleck had made the offer of using the Parks and Recreation Commission to invite all the players to the table. Councilman Poma stated he understood Chairman Fleck to be offering to work with each group in exploring the Vision 2005 and he agreed the Council did not have the right to tell people when to meet. Councilman Mower explained how the YMCA had come to form an advisory board. He said it had been the YMCA who had initiated the formation of the board and it was the members of the YMCA who had conducted all the meetings. He again suggested that the Boys and Girls Club do the same thing. Councilman Wyman proposed an amendment or a motion that would essentially say "encourage the function of a study committee to work with the Town and with the Boys and Girls Club of Scottsdale to advance the Boys and Girls Club's goals and objectives in the Town of Fountain Hills". He said that way it wouldn't be a Council sanctioned committee and they could work with Parks and Recreation and get it going. He volunteered to be a member of that study committee. Councilman Wyman and Councilman Poma withdrew their previous motion and second. Councilman Wyman MOVED that the Council encourage the function of a study committee to work with the Boys and Girls Club of Scottsdale to advance the Boys and Girls Club's goals and objectives in the Town of Fountain Hills and Councilman Poma SECONDED the motion, which CARRIED unanimously. Ms. Szeliga said the Boys and Girls Club would be happy with the motion. AGENDA ITEM #11 — PRESENTATION BY TOWN ARCHITECT ROB DIETZ OF THE FINAL PLANS FOR THE LIBRARY/MUSEUM AND COMMUNITY CENTER PROJECTS. (COUNCIL MAY PROVIDE WHATEVER DIRECTION IT DEEMS APPROPRIATE TO THE ARCHITECT AND/OR TOWN STAFF CONCERNING THESE PROJECTS.) Architect Rob Dietz reviewed the status of plans for the proposed Library/Museum and Community Center Projects. He said the plans had been submitted to the Building Department as of February 1, 2000. He stated the corrections should be completed next week. He presented the floor plans and elevations of the proposed projects. He referred to the detailed cost analysis of the projects he had provided. He said it became apparent from the Commission's direction that they had wanted to proceed with the drawings into the bidding stage but there were a lot of site questions that had not been answered. He stated they had come up with the strategy that as a part of the first stage, they would build a pad and the building. He said the parking lot, landscaping and site Town Council Regular and Executive Session 3/2/00 Page 6 of 15 development/concrete would come as a second phase after Labor Day when the Engineering Department had completed their studies and given him direction as it related to exactly where they wanted the entrances and medians. He said this was in no way a deterrent in proceeding with the project. In working with the Engineering Department and the Building Department they said that was a plan that they could work with and his firm had proceeded in that manner. He explained that the cost analysis phase one cost showed strictly the building cost and phase two would be all the site work and development associated around each of those two buildings. He said two separate estimates had been prepared, as they had to identify the cost of each building separately as each building was being funded separately. He said when they received the bids they were prepared to do due diligence on their accounting. Mr. Dietz reviewed the schedule of events to follow. He explained that if so directed by the Council, his firm was prepared to begin the formal advertisement process as required. His firm could complete that advertisement process so that they could issue drawings for bidding on March 15, 2000, and they would receive bids back on April 6, 2000. He said at the next Council meeting after April 6`h, they would come back before the Council with a bid recommendation. He asked the Council for direction regarding the bidding stage. Councilwoman Hutcheson MOVED that staff be directed to begin the bidding process and Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. Councilman Poma inquired if the Town would be paying the electrical costs of the Library/Museum. Mr. Nordin confirmed those costs would be the Town's responsibility. Vice Mayor Apps asked if the $20,000 for permits were fees charged by the Town. Mr. Dietz responded those charges were from the Sanitary District. Vice Mayor Apps inquired if the sales tax charged was figured from the local sales tax rate. Mr. Diets said no, and clarified that was the state sales tax fee and he said he would specify in the bid documents that the Town would waive the local sales tax. Councilman Poma questioned whether or not the Sanitary District had been contacted to waive their fees. Mr. F Nordin reiterated that back in 1995 the Town adopted the local sales tax of 1.2% and there had been a check list of what the Town had decided to tax. He explained that one of the boxes not checked was the one that would tax other political subdivisions and that was the state of the situation. IR Councilman Wyman asked how much of a buffer existed between the bonded indebtedness approved and what the anticipated bids might be. He also questioned if there was any flexibility because some time had passed since those bonds had been approved. Mr. Dietz said this cost estimate was reflective of his current cost database. He said this was a very popular building in the construction industry and those contractors had been calling his office for months looking for this project. So he was certain they would get a lot of competitive bids. He acknowledged that he had added in a little safety cushion in those estimates and they were slightly higher than he would have normally gone. The motion CARRIED unanimously. AGENDA ITEM #12 — LEGISLATIVE UPDATE BY TOWN MANAGER PAUL NORDIN CONCERNING HB 2338, SALES TAX ON BUILDING MATERIALS, AND HB 2108, SALES TAX PREEMPTION. Town Manager Nordin stated he had good news and bad news. He was pleased to report that HB 2108 was not leading anywhere or scheduled for any action in the House. However, the League of Cities and Towns staff reported that there were still some negotiations taking place behind the scenes for a truce where this item would not come up for consideration for a number of years. The previous agreement, which was honored, had been 5 years and now that the 5 years had lapsed it was in session again. He explained though there may be some efforts to not only get rid of this issue for this session but for several sessions yet to come, it was good news. Town Council Regular and Executive Session 3/2/00 Page 7 of 15 Mr. Nordin explained what HB 2338 could potentially mean to Fountain Hills if passed. The bill would change the site of taxation for building materials from the construction site to the site where the materials were purchased. This could mean a reduction in the local sales tax revenue for Fountain Hills roughly in the neighborhood of $1.1 — $1.4 million dollars annually. He reiterated this bill would be devastating to the Town. He said the League staff reported the bill had passed the House by a margin of 32 to 33 votes and would now move over to the Senate for consideration. He confirmed with pleasure that the two House Representatives Allen and Marsh had voted against the bill. He said the focus now shifted to the State Senate and now the League and all others must continue to work diligently to be sure the bill was defeated in the Senate. He confirmed that with the mix of parties in the Senate and the Democrats solidly behind the efforts to defeat the bill (14 Democrats to 16 Republicans) they needed to pick off one other Senator to defeat the bill. He felt it was accomplishable. He reported that while the bill passed the House he felt very good about their chances to defeat the bill in the Senate. He proposed that he continue his efforts to work at the legislature to defeat the bill. Councilwoman Wiggishoff agreed this was a scary bill and she confirmed that one of the ways Fountain Hills had been able to avoid levying impact fees was with the collection of revenues received by collecting local sales tax on construction. She inquired about the League's strategies since they seemed to be caught in the middle. Mr. Nordin responded that all the cities and towns appeared to be in full support of the efforts to defeat the bill. He said there had not been any equivocation that he had noted or reported by the League staff. Councilwoman Wiggishoff acknowledged that if the bill passed it would not afford the Town any time to build a commercial base to replace that lost revenue unless the Town imposed impact fees. Mr. Nordin agreed. Councilman Mower inquired if Mr. Nordin had contacted Senator Randall Gnant. Mr. Nordin responded no as the bill had only passed the House yesterday. He agreed that Senator Gnant needed to be contacted. Councilman Mower urged all Councilmembers to contact Senator Gnant and express their feelings on the bill. Mayor Morgan agreed and added that all the Senators should be contacted and she did have their e-mail addresses. Councilman Wyman asked what the motivation behind the bill was if the cities and towns weren't for it. Mr. Nordin said he could answer that with respect to the particular legislators who had pushed the bill in the House. �%w In terms of who or what the ultimate motivator or motivators were behind the scenes he was not sure. Mr. Nordin said he was pleased to give the credit or blame in this case to Representative Daniels who holds a position of authority in the House as the House Majority Leader. Councilman Wyman said he still did not understand, as there must be quid pro quo that had been traded off for something else, as this would be devastating. He noted the need to be concerned because as 40% of the Town's sales tax revenue was construction oriented and build out had been thought to be from 5 to 8 years away. To have the scenario brought down to a possibility of within 12 months was concerning. He explained that if that happened, many important programs would have to be gutted, including preservation, due to the lack of revenue generated. Vice Mayor Apps asked when the Senate would assign a number to the bill. Mr. Nordin clarified that the bill would keep the same House bill number of 2338 and would become a Senate consideration of House Bill 2338. Mr. Nordin announced that in speaking with Mr. Jeff Kulaga, the League's primary lobbyist, Mr. Kulaga had reported the bill had been deferred to the Senate Finance Committee. AGENDA ITEM #13 — STATUS REPORT BY TONY BASS OF IMAGINE RECOVERY REGARDING THE SUBSTANCE ABUSE INTERVENTION SERVICE SPONSORED BY THE TOWN AND THE SCHOOL DISTRICT. DISCUSSION WILL ALSO INCLUDE THE POSSIBILITY OF CREATING AND DISTRIBUTING A BROCHURE OF AVAILABLE SERVICES TO DISTRICT PARENTS. Mr. Bass proceeded with his status report. He described the three major portions of the grant received from the Town and the School District: 1. To offer intensive outpatient treatment for 15 adolescents as determined by the provider. 2. To offer adolescent support groups. r 3. To offer education groups. Town Council Regular and Executive Session 3/2/00 Page 8 of 15 He reviewed the services that Imagine Recovery had provided to date (34 weeks into the grant): 1. They had used 8.75 of the total of 15 intensive outpatient program scholarships funded for adolescents and they had treated 10 adolescents from Fountain Hills. 2. The Marshals and the Sheriffs departments had referred 15 — 20 other adults and adolescents to Imagine Recovery who had other psychiatric/mental illness challenges than chemical dependency. They were assessed and referred to services, which could meet their psychiatric and financial needs. 3. To date the support group attendance had been 8, the educational group attendance had been 0, and the parent and adolescent appointments had been 19. Councilman Mower said he had another report from the School District that indicated there had been a total of 11 referrals to Imagine Recovery so far this year. Mr. Bass explained their numbers accounting to the Council and confirmed his numbers were correct. Councilwoman Hutcheson asked how many referrals were from the schools. Mr. Bass explained he had not broken those figures out and offered to submit a secondary report with those numbers. He reported they had not received as many referrals from the schools as last year. Councilman Mower referred to the other report he had from Gerry Corcoran, which sited the school referrals at 4 as of 2/25/00. He asked Mr. Bass if those numbers had been included in his report. Mr. Bass clarified that the school could refer people to Imagine Recovery but that wouldn't necessarily mean they had done assessments as the families could decide not to come for the assessment. Off the top of his head he thought 8 — 10 referrals was right on target. Councilman Mower stated Mr. Corcoran thought there had only been 5 assessments. He asked Mr. Bass if there was a way of tracking the numbers better. Mr. Bass reiterated he would provide a secondary report but he believed there were 3 additional assessments. Councilman Mower asked Mr. Bass to explain assessment. Mr. Bass stated that in order to do an assessment they required both parents and the adolescent to be present. They then meet with the parents and adolescent separately for 30 minutes to determine what the family's needs were and based the referral on the needs for an appropriate level of treatment. Councilman Wiggishoff asked how many individuals/families had been helped this year and asked for specific numbers in an effort to assess the numbers for budget purposes. Mr. Bass said they only count as one appointment no matter how many times they meet with one family. He stated 10 adolescents had been helped this year and last year the number was around 16 or 17. He said that number appeared on his final report from last year and suggested he could include that on his secondary break out report as well. Councilman Poma said they were doing a great job and mentioned that he had calls from grateful parents whose children had been helped. Mr. Bass noted that there were a number of families seen where the adolescent did not need full outpatient treatment and he believed they also helped those people. He mentioned that there were three local therapists in Fountain Hills to whom referrals had been made for chemical dependency or psychiatric illness. The families were grateful they could stay in town and the therapists were grateful for the patients. Councilman Mower wanted to clear up a misunderstanding. At one of the meetings it had been discussed to create a flyer to be sent to all of the high school student's parents along with a letter co-authored by the Council and the principal of the high school. He referred to a draft he had and said it was good. He asked the Council to talk about the brochure. He suggested Mr. Bass add the different programs offered and describe them in more concise terms so that it could be attached to the letter. Councilwoman Wiggishoff asked for a point of order. She inquired as to what Councilman Mower was referring to as none of the other Councilmembers had a copy of the draft. Councilman Mower apologized and passed the draft around after describing the information contained on the flyer/brochure. He reviewed how he wanted to reword a portion of the flyer/brochure. Town Council Regular and Executive Session 3/2/00 Page 9 of 15 Councilwoman Hutcheson stated she was aware of the brochure but felt a discussion about the brochure would be best handled between Imagine Recovery and the School District. She asked why the Council was discussing this issue at this level. She said it should be discussed and worked out between Imagine Recovery and School District as to how the flyer/brochure was written and who crafted that. Councilwoman Wiggishoff agreed with Councilwoman Hutcheson and said it might be a good idea but felt it shouldn't come from the principal and the Council. She thought it would be more appropriate to come from the School District and the School Board. Councilman Mower explained how it had come to be on the agenda. He said that earlier in the year Mr. Bass has expressed concern over the lack of referrals. Mr. Bass had asked Councilman Mower to join him in talking with Principal Mark Mauro with regard to the lack of referrals. In that meeting, it had been explained that the school was referring to Imagine Recovery every student found to be using drugs. The school could not force the students to go to Imagine Recovery, as it was a choice that had to be made by the parents and the student. Apparently some were not going. Mr. Mauro had suggested that a brochure be prepared and sent out to all students' parents so they were aware of programs offered by Imagine Recovery in order to develop interest and activity. The reason for the joint letter from the Council and the School District was that the Town held the contract with Imagine Recover. Therefore, the Council would be involved from that standpoint. He explained that once the letter and brochure was ready it would come before the Council for approval. Vice Mayor Apps acknowledged that Mr. Bass had the credentials regarding substance abuse. He asked if the flyer was encompassed in the grant and if the creation of the flyer was absolutely important to keep the program going. Mr. Bass responded he had looked at the contract and it was not listed in the grant but that he was willing to do more than what was called for in the contract in terms of his responsibility to the Town and the community. He said it had been his experience with other schools and districts over the last twelve years that flyers do well with reaching those parents and students who do not need this service. In terms of reaching the kids that need the service, it was his opinion it didn't work very well. He reiterated he was willing to create the flyer per Mr. Mauro's request though he was not sure of the response. He was willing to try. Councilwoman Hutcheson restated that the contract was with the School District and it was not the Council's place to enter into brochure discussions. She explained the Council had contracts with lots of businesses and she did not think the Council told them how they ought to be accomplishing their contract. She found this item not to be in the realm of their discussion. Vice Mayor Apps said 30+ months ago this brochure was where the Council had first started. He agreed with Mr. Bass that it would not reach those who needed the services. He acknowledged the questions should be addressed during the next budget year process. He said Imagine Recovery should stick to the grant as written. Councilman Mower said in his defense of the meetings, that there had been a concern on the part of the School District that things were not going as contracted between the Town of Fountain Hills/School District and Imagine Recovery. He again stated that the contract included the Town as well as the Fountain Hills School District. At the meeting Mr. Mauro had said he would like to see if he could broaden the parents' exposure to what was available in the school. He said it was the first time he had heard from Mr. Bass that the flyer/brochure would be ineffective for those needed it. He agreed he was not a "substance abuse" expert, just a Fountain Hills' citizen who was concerned about a growing drug problem. Mayor Morgan asked why there wasn't any representation or a presentation from the School District to the Council if what was contracted for was ineffective. Mr. Bass referred to the meeting attended by himself, Mr. Mauro, and Councilman Mower. He said Mr. Mauro told him what Imagine Recovery would support. He noted that he had since talked with Dawn Iwamoto and they would be meeting to ironing out their differences. Councilwoman Hutcheson asked Mr. Bass if he was committed to honoring his contract. Mr. Bass confirmed he was. Councilwoman Hutcheson said everything else needed to be worked out between Imagine Recovery and Town Council Regular and Executive Session 3/2/00 Page 10 of 15 the School District. She continued that then if the School District has a problem, the School District should bring the problem to the Council's attention. Councilwoman Wiggishoff suggested that Mr. Bass meet with the School District and come back to the Council and provide a status report to the Council at the first meeting in June. Mr. Nordin proposed he would work with Mr. Bass in order to provide the Council with a status report at that the first Council meeting in June, as the timing would coincide with the Budget preparation schedule. AGENDA ITEM #14 — CONSIDERATION OF TRANSFERRING THE NORTH HEIGHTS PROPERTY AND RESPONSIBILITY FOR SAID PROPERTY TO THE TOWN OF FOUNTAIN HILLS. This item had been removed at the request of the North Heights Property Owners Association. AGENDA ITEM #15 — DISCUSSION OF RECENT APPLICATION. COURT FINDINGS. AND POSSIBLE DIRECTION TO STAFF REGARDING A TEXT AMENDMENT TO CHAPTER 17 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS. PROHIBITING TELECOMMUNICATIONS FACILITIES IN RESIDENTIAL NEIGHBORHOODS. Senior Planner Geir Sverdrup stated this had been put on the agenda at the request of Councilwomen Wiggishoff. He stated that staff had been in contact with the Town Attorney Bill Farrell and he was in process of looking at residential exclusion. Mr. Farrell reported that the Telecommunications Act of 1996 had not produced a lot of litigation yet. He was able to find four cases there were not specifically on point. He stated the court tended not to favor residential bans for which there was no alternative site. Some communities might look to ban these communications from an aesthetics standpoint and disallow them saying they had only a few commercial and industrial sites but really no practical alternatives. The courts seemed to indicate that if technical issues were present, and if the applicant could demonstrate through technical evidence that these sites were absolutely necessary to continue their service, and there weren't other available sites, the courts would tend to force the communities to go forward with the placement in a residential neighborhood. It would seem the Town had enough commercial, industrial and non-residential use of residential facilities such as schools and churches that would allow anyone of the multiple providers to find sites. But again it had to be with a technical grid situation so that the signal could pass from one community to the next. Also if the sites were limited so that only a single provider, or the first one in town, or the one willing to pay the most could get his or her sites approved and others couldn't. He said based on zoning restrictions, courts tended to look at that in an anti -competitive nature and that the Town would be restricting the telecommunication trade. He said if the Council was of a mind to proceed, they could to craft some regulations, but it was an area where there weren't a lot of cases because the act didn't go into effect until 1996. Councilwoman Wiggishoff stated she had brought this issue to the Council because she had heard Scottsdale had an ordinance, which did not forbid the telecommunications antenna in residential areas but regulated antenna on residential buildings. She said her intention was not to eliminate the possibilities of using other versatility in other non-residential buildings in residential areas. Mr. Farrell responded that in the early period of the 1996 Act, it seemed to take away all of the municipality's powers. He noted that when something like that happens, it becomes a wealth spring for consultants. He felt there were a number of services now available that would come in and debunk the electronics that the applicant offered. Councilwoman Wiggishoff asked how would the Town know when these things weren't used any more. Mr. Farrell said one of the early signs was when they stopped sending in their money. Town Council Regular and Executive Session 3/2/00 Page 11 of 15 Councilwoman Hutcheson acknowledged they would stop sending their check but said that would not address the problem of removing those things. Mr. Farrell stated that was correct regarding the private providers in a residential neighborhood, but the Town's contracts contained a specific 60-day removal period from a public right of way. He concluded that if they did not remove them the Town would remove them and sell the components for scrap. Councilwoman Wiggishoff MOVED to direct staff to draft a text amendment, which would prohibit telecommunications antenna on residential structures and Vice Mayor Apps SECONDED the motion/ Vice Mayor Apps questioned if this text amendment would affect the popular 18" satellite dishes. Mr. Farrell responded no, the 18" dishes, which were increasing in popularity, were not included. He said staff would make sure that if there were any implications in any of the text amendments, they would be included along with this text amendment. The motion CARRIED unanimously. AGENDA ITEM #16 — CONSIDERATION OF A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS FACILITY PROPOSED TO BE LOCATED AT 16944 E. ROCKY MOUNTAIN PLACE ON AN EXTENDED CHIMNEY LOCATED ON THE EXISTING HOME, CASE NUMBER SU99-09. Senior Planner Geir Sverdrup stated that prior to the Planning and Zoning Commission last week the applicant had been ready to move forward because he was not getting any where with Chaparral City Water and or the area residents. The day prior to the Planning and Zoning Commission meeting he had received a positive indicator from Chaparral City Water that they would like to work with him. So the Planning and Zoning Commission had continued this item indefinitely to see if he could move the facility to their water tank. Therefore, staff was also recommending that the Council continue this application indefinitely. Vice Mayor Apps MOVED to continue this item indefinitely and Councilman Poma SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #17 — CONSIDERATION OF A CUT AND FILL WAIVER APPLICATION FOR THE FIREROCK COUNTRY CLUB PARCEL K SUBDIVISION, LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD, CASE NUMBER CFW2000-02. Senior Planner Sverdrup reviewed the cut and fill waiver application. He stated the Planning and Zoning Commission and staff recommended approval. Councilwoman Wiggishoff MOVED to approve the cut and fill waiver as presented and Vice Mayor Apps SECONDED the motion, Councilman Wyman asked for clarification the application was approved with stipulations as listed on page #13. Planner Sverdrup responded yes, that the stipulations pertained to both applications, and that the stipulation that pertained to this application was the 42" retaining wall. The motion CARRIED unanimously. AGENDA ITEM #18 — CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 22.30t ACRE, 14-LOT, 2-TRACT FIREROCK COUNTRY CLUB PARCEL K, LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD, CASE NUMBER S99-042. Planner Sverdrup said this was the last single family residential preliminary plat that the Council would see on r this project. Once the applicant was finished with this, they would be moving on the multi -family project. He said Council had yet to see several of the final plats but this was the last preliminary plat. He reviewed the Town Council Regular and Executive Session 3/2/00 Page 12 of 15 M project. He stated staff and the Planning and Zoning Commission recommended approval of this project, although they had expressed concern over the odd shape of many of the lots. He explained the lots ranged from 35,000 to 84,000 sq. ft. in size and met all of the minimum requirements for lot width and lot area. He reviewed that there had been an added stipulation that lots 5, 6, 7, and 9 require a concept site plan at the final plan approval stage prior to the final plat coming before the Council for approval. Councilman Wyman MOVED to approve the preliminary plat as presented and Vice Mayor Apps SECONDED the motion. Councilwoman Wiggishoff stated she did not understand why the Planning and Zoning Commission was requesting a concept plan for those stated lots. She asked if staff had concerns on those lots as well. Director Valder responded that the Council's preliminary plat approval was contingent on the applicant's ability to show, prior to a final plat approval, that those lots could be developed without a future need for a variance or a waiver. He confirmed that part of the Council's approval tonight was the stipulation that information would be provided. If the information can't be provided, then the preliminary plat would have to be changed and come back to the Council. Councilwoman Wiggishoff said what was significant to her was the fact that staff had not presented that position to the Planning and Zoning Commission and it was the Planning and Zoning Commission who had requested the concept site plans on those lots. Director Valder said staff had discussed this with the Planning and Zoning Commission. Councilwoman Wiggishoff asked what was it about those lots that staff felt made them unbuildable and would require the applicant to provide a concept plan. Senior Planner Sverdrup explained that when he did the technical review of the plat that was one of the issues he hadn't looked at. He had looked at the ability to get in a driveway at 18% and the Engineering Department also looked at that very same issue. He continued that the stipulation had been added as a comfort level because of the design of the lots and they wanted to ensure that beyond the shadow of a doubt, that those four lots were buildable. When they get into the final plats to approve the plans, those reviews would become even tighter to ensure buildable lots were created and variances wouldn't be needed. The motion CARRIED unanimously. AGENDA ITEM #19 — PUBLIC HEARING ON ORDINANCE 00-05 REZONING APPROXIMATELY 1,002 SQUARE FEET OF TRACT `B" OF PARCEL "L" AT SUNRIDGE CANYON FROM THE "OSR" (OPEN SPACE RECREATIONAL) TO THE "Rl-6A" (SINGLE-FAMILY) ZONING DISTRICT, CASE NUMBER Z2000-04. Mayor Morgan opened the public hearing at 8:34 p.m. Planner Dana Burkhardt briefly reviewed the situation and confirmed that there hadn't been any public opposition. He stated that staff and the Planning and Zoning Commission recommended approval. Mayor Morgan reconvened the regular session at 6:36 p.m. AGENDA ITEM #20 — CONSIDERATION OF ORDINANCE 00-05 REZONING APPROXIMATELY 1,002 SQUARE FEET OF TRACT `B" OF PARCEL "L" AT SUNRIDGE CANYON FROM THE "OSR" (OPEN SPACE RECREATIONAL) TO THE "R1-6A" (SINGLE-FAMILY) ZONING DISTRICT, CASE NUMBER Z2000-04. Councilman Mower MOVED to approve Ordinance 00-05 as presented and Councilman Wyman SECONDED the motion, which CARRIED unanimously. Town Council Regular and Executive Session 3/2/00 Page 13 of 15 IR AGENDA ITEM #21— CONSIDERATION OF THE FINAL REPLAT FOR THE PROPOSED REPLAT OF LOTS 16 — 18 AND TRACT `B" OF THE SUNRIDGE CANYON PARCEL "L" SUBDIVISION, CASE NUMBER S99-051. Planner Burkhardt said all lots would maintain their minimum zoning requirements. He confirmed that staff and the Planning and Zoning Commission recommended approval with the stipulation that a dense landscaping plan be submitted prior to finishing of the landscape in Tract B. Councilwoman Wiggishoff MOVED to approve the final replat with the stipulation as presented and Councilman Poma SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #22 — CALL TO THE PUBLIC. No one came forward from the public. AGENDA ITEM #23 — PURSUANT TO A.R.S. §38-431.03.A.4., AND A.R.S. §38-431.03.A.7., VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION REGARDING THE TOWN VERSUS MCO PROPERTIES; 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 OR LEASE OF REAL PROPERTY WITH REGARDS TO THE POSSIBLE ACQUISITION PARCELS IN THE MCDOWELL MOUNTAINS; RESPECTIVELY. Mayor Morgan called for a vote to go into Executive Session at 8:39 p.m. Councilman Mower MOVED that the Council recess the Regular Secession and reconvene the Executive Session and Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #24 — RETURN TO REGULAR SESSION AND ADJOURNMENT. Mayor Morgan reconvened the Regular Session of the Town Council at 9:09 p.m. AGENDA ITEM #25 —ADJOURNMENT. Councilwoman Hutcheson MOVED to adjourn the meeting. Vice Mayor Apps SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 9:10 p.m. Town Council Regular and Executive Session 3/2/00 Page 14 of 15 TOWN OF FOUNTAIN HILLS 0 ATTEST: Cassie B. Hansen, Town Clerk PREPARED BY: Bev Bender, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and convect copy of the minutes of the Regular Session Meeting held by the Town Council of Fountain Hills on the 2' d day of March 2000. I further certify that the meeting was duly called and that a quorum was present. DATED this 16" day of March 2000. � "15L41,�-.; Cassie B. Hansen, Town Clerk Town Council Regular and Executive Session 3/2/00 Page 15 of 15