HomeMy WebLinkAbout2000.0316.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MARCH 16,2000
Mayor Morgan called the regular session of the Town Council to order. Following the pledge and the invocation by
Councilman John Wyman,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 Attorney Bill Farrell, Director of Administration/Town Clerk Cassie
Hansen, Interim Town Engineer Tom Ward, and Director of Community Development Jeff Valder. Town Manager
Paul Nordin was absent.
Mayor Morgan noted for the public that staff and the Town Attorney, at the consent of the applicant, had requested
Agenda Items 13— 17 be continued until the April 6th Council Meeting. Mayor Morgan also declared a conflict of
interest on Agenda Item#3 and announced that she would abstain from voting on the Consent Agenda. She said that
Vice Mayor Apps would assume the Chair for the action of the Consent Agenda.
Vice Mayor Apps read the remaining Consent Agenda, which consisted of the following agenda items 1 - 7:
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF MARCH 2,
2000.
AGENDA ITEM #2 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY
COSTANDINA CARRES FOR KRAZY GREEK IMPORT GROCERIES AND RESTAURANT LOCATED
AT 16758 EAST GLENBROOK BOULEVARD. THE APPLICATION IS FOR A NEW CLASS 12
RESTAURANT LICENSE.
AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE NATIVE AMERICAN ARTIST
INVITATIONAL TO BE HELD ON SATURDAY AND SUNDAY, APRIL 1 AND 2, 2000. THE EVENT
WILL REQUIRE THE CLOSURE OF SAGUARO BOULEVARD BETWEEN PALISADES BOULEVARD
AND THE AVENUE OF THE FOUNTAINS AND PARKVIEW BETWEEN SAGUARO BOULEVARD AND
THE DRIVEWAY OF MR.G'S INTERIORS FROM NOON ON MARCH 31 UNTIL 6:00 A.M.ON APRIL 3.
AGENDA ITEM#4- CONSIDERATION OF RESOLUTION 2000-07 ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENT LOCATED ALONG THE SOUTHERLY AND NORTHEASTERLY PROPERTY LINE OF
PLAT 506-B, BLOCK 3, LOT 23 (15022 EAST GREEN VALLEY ROAD) AS RECORDED IN BOOK 159
OF MAPS, PAGE 3 RECORDS OF MARICOPA COUNTY, ARIZONA. (ROBERT & KAY PETERSON)
EA00-06.
AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2000-08 ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENT LOCATED ALONG THE SOUTHWESTERLY PROPERTY LINE OF PLAT 105. BLOCK 4,
LOT 8 (15012 N. ESCONDIDO DRIVE) AS RECORDED IN BOOK 147 OF MAPS, PAGE 45 RECORDS
OF MARICOPA COUNTY,ARIZONA.(MARIE BRITTAIN) EA00-08.
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2000-09 ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENT LOCATED ALONG THE SOUTHERLY AND WESTERLY PROPERTY LINE OF PLAT 605-
D, BLOCK 6, LOT 1 (11420 N. PINTO DRIVE) AS RECORDED IN BOOK 164 OF MAPS, PAGE 15
RECORDS OF MARICOPA COUNTY,ARIZONA. (CHRIS & ZOZSCHA BOMHARDT) EA00-09.
Town Council Regular and Executive Session 3/16/00
Page 1 of 6
AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 2000-10 ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENT LOCATED ALONG THE SOUTHEASTERLY PROPERTY LINE OF PLAT 602-A, BLOCK
1, LOT 5 (15441 EAST PALISADES BLVD.) AS RECORDED IN BOOK 161 OF MAPS, PAGE 42
t. RECORDS OF MARICOPA COUNTY,ARIZONA. (GILBERT & ETHEL ORTINAU) EA00-10.
Councilman Mower 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
Vice Mayor Apps - Aye
Councilman Wyman— Aye
Councilwoman Mower- Aye
Councilwoman Hutcheson- Aye
Mayor Morgan- Abstained
The motion CARRIED unanimously with a roll call vote.
AGENDA ITEM#8-MONTHLY REPORT BY MAGISTRATE STUART SHOOB.
Magistrate Shoob reviewed his report, which he had just given to the Council prior to the meeting. He noted that the
court had been busy again this month. He pointed out that the court had increased the total filings over last year from
3500 to some 3800 filings. Of those cases, he said the criminal traffic and the misdemeanor figures represented
about 800 cases and required the majority of the court's attention. He explained that a civil traffic case would be
handled normally by one appearance in court. However, when dealing with criminal traffic and misdemeanors cases,
there could be more than three separate appearances and perhaps a trial. He said this was where his and his staff s
time was being spent. He noted that the Sheriffs Office, in the traffic area, had filed a total of 191 cases and that the
Marshals Department had filed 188. He said that year to date the hearings and trials totaled 126. He stated they were
up 15% in collections and staff continued to decrease the outstanding accounts. He said he was surprised at the
number of older cases that the collection's unit was able to collect.
Councilwoman Wiggishoff asked if the outstanding balances for the years 1999 and 2000 had been adjusted for
uncollectable cases. Magistrate Shoob said no. He said the court had done some adjustments prior to 1997 but staff
had not gone through the 1998 cases and newer. He said the figures in the report reflected that. Magistrate Shoob
estimated that the current outstanding balance of $259,000 could drop below $200.000.
AGENDA ITEM #9 - CONSIDERATION OF APPROVING THE CONTRACT WITH BURGESS AND
NIPLE FOR THE SHEA BOULEVARD BIKE LANE DESIGN PROJECT.
Interim Engineer Tom Ward referred to and reviewed the report provided to the Council in their packet. He
acknowledged that the project had been approved for federal monies. He said the total cost of the project was
$580,254 of which approximately $33,074 was the Town's portion for the bike lanes and the medians. The Town's
cost was 5.7%. He stated it was the Town's responsibility to provide the engineering design services associated with
this project to Burgess &Niple, in the amount of$192,364. He outlined the Town's responsibility,by reviewing and
explaining the concept plan drawings provided to the Council in their packet.
Councilwoman Wiggishoff MOVED to approve contract with Burgess and Niple as presented and Councilman
Poma SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 2000-11 APPROVING THE APPLICATION
FOR LOCAL,REGIONAL AND STATE PARKS FUNDS FOR FOUNTAIN PARK PHASE II.
Director of Administration Cassie Hansen stated that every year the Parks and Recreation Department made
application for Heritage Grant Funds. She acknowledged that the application had been submitted on February 29th
and this resolution was routine it needed to accompany the application. She stated staff recommended approval.
Councilman Mower MOVED to approve Resolution 2000-11 and Councilman Poma SECONDED the motion,
which CARRIED unanimously.
Town Council Regular and Executive Session 3/16/00
Page 2 of 6
AGENDA ITEM#11 - CONSIDERATION OF AUTHORIZING AN EXPENDITURE IN THE AMOUNT OF
$25,000 FOR THE DESIGN,PLANS AND SPECIFICATIONS OF A TRAFFIC SIGNAL AT THE CORNER
OF PALISADES BOULEVARD AND THE AVENUE OF THE FOUNTAINS.
Interim Engineer Tom Ward reviewed that this was an intersection that staff has had concerns about. He said staff
had met with the Fountain Hills Fire District back on March of 1999. The Fire District had expressed safety
Slaw concerns. He noted that there was a letter attached from Tim Yoder outlining his concerns. Mr. Ward stated that the
signal was not within the budget for this fiscal year but felt that this proposed action was a proactive way of starting
on this intersection. He explained staff was not looking for construction dollars but for design dollars. He reminded
Council that the traffic poles take a long time to arrive and he felt this would be a good time to get moving on the
design of this traffic signal. He acknowledged that staff had received many letters from residents regarding the
safety issue of this intersection.
Councilman Poma MOVED to authorize the $25,000 expenditure for the design, plans and specifications of a traffic
signal at the corner of Palisades Boulevard. and the Avenue of the Fountains and Vice Mayor Apps SECONDED the
motion.
Walt Franklin
He asked if the developer would be sharing in the cost of the signal. Mr. Ward responded yes, if the traffic signal
was warranted,the developer would pay 50% of the funding for the signal.
Councilman Mower encouraged staff to move quickly. Councilman Poma asked if there was a way to install the
signal before the next budget. Mr. Ward said no. He acknowledged that the signal was planned for the next budget
year and that was why staff was proceeding now with the design and the bid process. He explained that then those
things would be on hand once the new fiscal budget was approved.
Vice Mayor Apps asked if there was a signal planned for the intersection of La Montana and Palisades. Mr. Ward
replied he did not think that the intersection would warrant a signal. He said he would have to do the search on the
warrants to establish whether or not a signal should be placed there. He acknowledged that he had received
numerous calls on this intersection as well. Vice Mayor Apps questioned if the lights along Palisades would be
timed to avoid unnecessary traffic delays. Mr. Ward responded yes. He described there would be an interconnect
extending from Avenue of the Fountains on Palisades all the way to Fountain Hills Boulevard and back to the
intersection of Fountain Hills Boulevard/Palisades so that the traffic lights would have synchronized timing.
The motion CARRIED unanimously.
AGENDA ITEM #12 - CONSIDERATION OF AUTHORIZING ADDITIONAL FUNDS IN FISCAL YEAR
99/00 FOR BUILDING SAFETY CONSULTING FEES IN THE AMOUNT OF$55,000.
Director Valder explained that in July of last year staff had tried to estimate the amount of commercial projects that
would be coming in for permits in order to come up with an anticipated amount for consulting fees. He stated that
the Town sent out all commercial plan checks because of the added expertise involved in reviewing those types of
permits. He said staff had received commercial permit applications in excess of what had been anticipated. In order
to get through June, he said staff estimated they would need an additional $55,000 for consulting fees. He noted that
the revenue line for permits had been anticipated at $1.5 million and now was projected to be $2.6 million and,
therefore,the Town would have revenues to cover the expense.
Councilman Mower MOVED to approve additional funds in fiscal year 99/00 for Building Safety Consulting fees in
the amount of$55,000 and Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously.
Mayor Morgan restated that agenda items #13 through 17 had been continued until the April 6th Town Council
meeting.
AGENDA ITEM #13 - PUBLIC HEARING ON ORDINANCE 00-06 REZONING 28.6± ACRES OF LAND,
LOCATED SOUTH OF SHEA BOULEVARD, WEST OF SAGUARO BOULEVARD, AND NORTH OF
LASER DRIVE FROM THE"IND-1"TO THE"C-2 PUD" ZONING DISTRICT,CASE NUMBER Z99-24.
Town Council Regular and Executive Session 3/16/00
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AGENDA ITEM #14 - CONSIDERATION OF ORDINANCE 00-06 REZONING 28.6± ACRES OF LAND,
LOCATED SOUTH OF SHEA BOULEVARD, WEST OF SAGUARO BOULEVARD, AND NORTH OF
LASER DRIVE FROM THE"IND-1"TO THE"C-2 PUD"ZONING DISTRICT, CASE NUMBER Z99-24.
AGENDA ITEM #15 - CONSIDERATION OF A SALES TAX REBATE FOR THE SHEA RETAIL
CENTER PROJECT.
AGENDA ITEM #16 - CONSIDERATION OF A CUT AND FILL WAIVER APPLICATION FOR THE
PROJECT KNOWN AS THE SHEA RETAIL CENTER, A PROPOSED 36.42± ACRE DEVELOPMENT,
LOCATED SOUTH OF SHEA BOULEVARD, WEST OF SAGUARO BOULEVARD, AND NORTH OF
LASER DRIVE,CASE NUMBER CFW99-08.
AGENDA ITEM #17 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 9-LOT, 36.42±
ACRE SHEA RETAIL CENTER, LOCATED SOUTH OF SHEA BOULEVARD, WEST OF SAGUARO
BOULEVARD,AND NORTH OF LASER DRIVE,CASE NUMBER S99-040.
AGENDA ITEM #18 - PUBLIC HEARING ON ORDINANCE 00-07 AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 6, SECTION 6.07.F, TO ALLOW
FOR PERMANENT OFF-PREMISE SIGNS IF CERTAIN CRITERIA ARE MET, CASE NUMBER Z2000-
03.
Mayor Morgan opened the public hearing at 6:56 p.m.
Director Valder reviewed that last month the Council had initiated the amendment to Section 6.07 of the Zoning
Code that would permit permanent off-premise signs if certain criteria were met. He said that the amendment had
been advertised and on March 9th the Planning and Zoning Commission had unanimously recommended approval of
Ordinance 00-07. He stated staff also recommended approval.
Mayor Morgan reconvened the regular session at 6:58 p.m.
AGENDA ITEM #19 - CONSIDERATION OF ORDINANCE 00-07 AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 6, SECTION 6.07.F, TO ALLOW
FOR PERMANENT OFF-PREMISE SIGNS IF CERTAIN CRITERIA ARE MET, CASE NUMBER Z2000-
03.
Vice Mayor Apps MOVED to approve Ordinance 00-07 as presented and Councilman Mower SECONDED the
motion, which CARRIED unanimously.
AGENDA ITEM #20 - CONSIDERATION OF ORDINANCE 00-08, AN AMENDMENT TO SECTION 308
OF THE SUBDIVISION ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS THAT WOULD
PROVIDE ADDED REGULATIONS FOR MINIMUM LOT WIDTHS AND LOT SIZES FOR PROPOSED
LOTS IN SINGLE-FAMILY ZONING DISTRICTS TO ASSURE COMPATIBILITY WITH
SURROUNDING PLATTED PROPERTIES.
Director Valder stated that over the past couple of years the Town had several lot splits, which had become
contentious. The property owner's success in splitting lots had, that in the opinion of many, created lots that weren't
compatible with the surrounding lots in the single family area. He reviewed that the Planning and Zoning
Commission had asked staff to look into a way that wouldn't prohibit lot splits but would add regulations to ensure
compatibility with those single family zoned lots in the same zoning district. He acknowledged that it had been a
challenge. He explained that what staff proposed was to amend the subdivision code regarding lot planning. He said
the proposed amendment would be contained in"Paragraph H". The amendment stated that each new lot had to be at
least 90% of the lot size and width of any other lots in the same zoning district, which were within 800' of the new
lot.
He clarified that the regulations would only apply if a subdivision were proposed. He stated it would not create any
legal lots that weren't conforming to the Town's existing regulations or zoning district. He reviewed that the
Town Council Regular and Executive Session 3/16/00
Page 4 of 6
amendment would not apply to unplatted land but would apply to lots that had already been platted. He said staff
recommended approval.
Councilman Poma MOVED to approve Ordinance 00-08 as presented and Councilman Wyman SECONDED the
motion.
Councilman Mower clarified this was an effort to prevent incompatible lot splits and didn't see the wording "lot
splits" in paragraph H. Director Valder said he was correct and clarified this was a long way of saying lot splits.
Councilman Poma stated that staff would use Paragraph H instead of using the words "lot splits".
The motion CARRIED unanimously.
AGENDA ITEM#21 - CALL TO THE PUBLIC
Cliff VanKalsbeek, 14910 Kings Way
He said he represented Van's Storage and he was opposed the proposed closure of Laser Drive. He felt it would be
detrimental to businesses located on Laser Drive and asked the Council to reconsider closure of Laser Drive.
George Post, 17014 E. Rand Dr.
Requested that the Town look into imposing impact fees on commercial building.
AGENDA ITEM #22 - 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 MICHAEL NAIM VERSUS THE TOWN;
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
Niiir REGARDS TO THE POSSIBLE ACQUISITION PARCELS IN THE MCDOWELL MOUNTAIN;
RESPECTIVELY.
Mayor Morgan called for a vote to go into Executive Session at 7:10 p.m.
Councilman Mower MOVED that the Council recess the Regular Secession and convene the Executive Session and
Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#23-RETURN TO REGULAR SESSION.
Mayor Morgan reconvened the Regular Session of the Town Council at 7:30 p.m.
AGENDA ITEM#24- ADJOURNMENT.
Councilman Mower MOVED to adjourn the meeting. Councilman Wyman SECONDED the motion, which
CARRIED unanimously. Mayor Morgan adjourned the meeting at 7:31 p.m.
Town Council Regular and Executive Session 3/16/00
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TOWN OF FOUNTAIN HILLS
By
Sharon Morgan,Mayor
A"1"1'hST: eit/14,:t_Kij
Cassie B.Hansen,Town Clerk
PREPARED BY: 9
Bev Bender,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 16th day of March 2000. I further certify that the meeting was duly
called and that a quorum was present.
DATED this 6th day of April 2000.
Cassie B.Hansen,Town Clerk
Town Council Regular and Executive Session 3/16/00
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