HomeMy WebLinkAbout2000.0406.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
April 6,2000
Mayor Morgan called the regular session of the Town Council to order.
Following the pledge and the invocation by Pastor Don Lawrence — Christ's Church of Fountain Hills, 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, and Director of Community
Development Jeff Valder.
Mayor Morgan announced that the Community Center/Library-Museum project bids had been opened earlier in the
afternoon and the ceremonial ground breaking would be held sometime between now and the first of June.
Mayor Morgan read the Consent Agenda, which consisted of the following agenda items 1 -9:
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF MARCH 16
AND 23,2000.
AGENDA ITEM #2 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY
RUEN-SHIN TZYH FOR THE SAKURA INN LOCATED AT 11883 NORTH SAGUARO BOULEVARD.
THE APPLICATION IS FOR A NEW CLASS 12 RESTAURANT LICENSE.
AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY
RICHARD DEBERNARDIS FOR THE PERIMETER BICYCLING ASSOCIATION OF AMERICA FOR 70-
MILE CYCLING EVENT TO BE HELD ON APRIL 15, 2000. THE ANNUAL EVENT, HELD TO RAISE
FUNDS FOR THE JUVENILE DIABETES FUND,WILL ONLY PASS THROUGH FOUNTAIN HILLS VIA
SHEA BOULEVARD. NO STREET CLOSURES WILL BE REQUIRED.
AGENDA ITEM#4- CONSIDERATION OF RESOLUTION 2000-13 PERTAINING TO THE SUBMISSION
OF PROJECTS FOR CONSIDERATION IN ARIZONA'S 2001 HIGHWAY SAFETY PLAN. THIS
RESOLUTION WILL ALLOW THE MARSHAL DEPARTMENT TO APPLY FOR A GRANT IN THE
AMOUNT OF$14,040 FOR THE PURCHASE OF A CUSTOM SPEED RADAR TRAILER.
AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2000-14 PERTAINING TO THE
SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA'S 2001 HIGHWAY SAFETY PLAN.
THIS RESOLUTION WILL ALLOW THE MARSHALS DEPARTMENT TO APPLY FOR A GRANT IN
THE AMOUNT OF $25,374 FOR THE PURCHASE OF A 2001 FORD CROWN VICTORIA PATROL
VEHICLE.
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2000-15 ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENT LOCATED ALONG THE NORTHERLY AND EASTERLY PROPERTY LINE OF PLAT 206,
BLOCK 7, LOT 24 (12235 N. DESERT SAGE DRIVE) AS RECORDED IN BOOK 147 OF MAPS, PAGE 2
RECORDS OF MARICOPA COUNTY,ARIZONA. EA00-12(BEN &MARIJKE BOULWARE).
AGENDA ITEM#7 —CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 2-UNIT
SUNSET VIEW CONDOMINIUMS, LOCATED AT 12804 MOUNTAINSIDE DRIVE; CASE NUMBER
illopy S2000-011.
Town Council Regular and Executive Session 4/06/00
Page 1 of 16
AGENDA ITEM #8 - CONSIDERATION OF THE FINAL REPLAT FOR CRESTVIEW AT FOUNTAIN
HILLS CORRECTIVE REPLAT, WHICH RECONFIGURES SEVERAL LOTS WITHIN THE
APPROVED SUBDIVISION. CASE S2000-019.
AGENDA ITEM #9 - CONSIDERATION OF THE FINAL REPLAT OF LA LOMA 3 AT EAGLE
MOUNTAIN CONDOMINIUMS. CASE#52000-09.
Councilwoman Hutcheson MOVED to approve the Consent Agenda as read. Councilman Poma SECONDED the
motion. A roll call vote was taken with the following results.
Councilman Wyman— aye
Councilwoman Mower- aye
Councilwoman Hutcheson- aye
Councilman Poma- aye
Councilwoman Wiggishoff— aye
Vice Mayor Apps - aye
Mayor Morgan - aye
The motion CARRIED unanimously with a roll call vote.
AGENDA ITEM#10- APPOINTMENT OF EUGENE PETERS TO THE VACANT SEAT ON THE BOARD
OF ADJUSTMENT.
Councilman Mower MOVED to approve the appointment of Eugene Peters and Vice Mayor Apps SECONDED the
motion,which CARRIED unanimously.
AGENDA ITEM #11 — CONSIDERATION OF APPROVING THE TOWN ATTORNEY'S LETTER TO
THE ARIZONA CORPORATION COMMISSION SUPPORTING THE ACQUISITION OF CHAPARRAL
CITY WATER COMPANY BY AMERICAN STATES WATER COMPANY AND DIRECTING STAFF i446., SUBMIT THE LETTER ON BEHALF OF THE TOWN COUNCIL.
Town Attorney Bill Farrell acknowledged that he,the Mayor,and the Town Manager had met with representatives of
the American States Water Company. She explained this company would be applying for permission for the transfer
to the Arizona Corporation Commission and they had asked that the Town consider sending a generic letter of
support to the Arizona Corporation Commission. He stated that the letter had been prepared shortly after their
request for consideration at this meeting and he questioned whether or not the Town should go forward immediately
as there had been some concerns raised in the interim.
Councilman Wyman MOVED to approve the letter and direct staff to submit the letter and Councilwoman
Wiggishoff SECONDED the motion.
Councilwoman Hutcheson asked if the Town was assured that the price paid was above the rate base currently
allowed and that it would not be artificially increased. He inquired if the Town should have a longer guarantee
period. Mr. Farrell said there was no written rate guarantee but only an expression from the President and Vice
President that they would not be seeking a rate increase during the calendar year. He said the transfer process was
anticipated to take 90 to 180 days for approval. He explained it was not customary for the new buyer to give any
guarantees. He said the Town wouldn't know how the Corporation Commission would treat their rate base until their
filings were reviewed disclosing the amount of the sale. At that point, the Commission would make the
determination if that were a reasonable price. He said the company might seek a rate increase then, as that would be
a corporate decision made by the new buyer. Mr. Farrell mentioned that in their annual report he had noted eleven
pending lawsuits in California and he questioned if the Town should look into the litigation before going forward.
Councilwoman Hutcheson stated she was interested in the pending litigation and asked when the information could
be gathered and made available to the Council. Mr. Farrell said the information could be obtained by the next
Council meeting. Councilwoman Hutcheson expressed her concern about the litigation and agreed she wanted to
know more before voting on this item.
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Vice Mayor Apps questioned if litigation in other states could be used to raise the price in this state. Mr. Farrell
responded no, the price was not a negotiable item as that had been reached between the Water Company and
Chaparral City Water. Vice Mayor Apps asked if it would effect future rate hikes. Mr. Farrell said the litigation
• would not have a bearing on when the company applied for a rate hike. He explained the litigation inquiry would be
more out of curiosity as to what they were about and why eleven were filed in September of 1999.
Councilman Mower asked what would happen, if after reviewing the litigation information the Council decided not
to approve this. Mr. Farrell stated the letter, as drafted, confirmed the Town had no objections. He explained that
application would still go forward to the Corporation Commission but the Corporation Commission might inquire
what the Town's position was regarding the application. He said the Corporation would hear testimony if the had
Town concerns but he felt the sale would still be approved in the long run. Mr. Farrell suggested a delay in tonight's
action. He said a delay would not be detrimental to the purchasing company's application and the information
received would give the Town the peace of mind as to whether or not the litigation involving the operations of the
company or unrelated issues that would not effect the Town.
Councilman Wyman noted that if it did not make a particular legal difference he would prefer not to put their
signatures to the document until a little more due diligence had been done.
Councilwoman Wiggishoff MOVED to continue this issue until the April 20th Town Council meeting and Vice
Mayor Apps SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #12 - 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.
Mayor Morgan asked the public to confine their comments to the rezoning issue only. Mayor Morgan recessed the
regular session of the Town Council and opened the public hearing at 6:46 p.m.
• Community Development Director,Jeff Valder explained that last May the Council had passed a resolution to amend
the future plan map of the General Plan and change this site from a business park to commercial retail. That action
had been the subject of a referendum. Last fall an election was held which affirmed the Council's actions and the
resolution and the General Plan became effective. He explained that, once effective, the Town was now in a position
to rezone the Industrial 1 to the any of the Commercial zoning districts that the Town had. He stated the applicant
had proposed that a C-2 PUD be utilized. The reason for the PUD was to provide for additional restrictive
regulations over and above those in a straight C-2 zoning district. Those added regulations include:
• Landscaping
• Outside lighting
• Sign setbacks
He referred them to the draft ordinance, which referred to what the PUD established: a list of permitted uses, a list of
prohibited uses, and number of sections, which specified what, could and could not happen on the site. He explained
that the Planning and Zoning Commission had made recommendations regarding the uses that would be contrary to
what the applicant had applied for. He said the use issues had to do with operation of commercial uses late at night.
He stated the Planning Commission recommended permitted uses by the special use permit process. He noted they
included adding a gas station, car wash, hotel/motel and limiting commercial activity between 11 p.m. and 6 a.m.
Mr. Valder felt the applicant might suggest some modifications to that in his presentation.
He said the rezone itself was somewhat unique to the Town and he referred to the map on display. He said the
applicant had chosen not to rezone a 150-foot strip of land south of Shea Boulevard. The reason for that was to
remove the possibility that the property owners north of Shea Boulevard could then compel a 6 out of 7 Town
Council vote on the rezone issue. He noted there was case law in the state that had up held this zoning practice and
staff had understood it was perfectly legal.
�r.
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Mr. Valder explained how the rezone would affect the site. The standard C-2 regulations provided for minimal
setbacks along the streets. Because of the proposed grading for the channel just south of Shea the setback on Shea
really hadn't been an issue. He stated that in response to the wishes of the residential property owners south of Shea,
ikar, the applicant had agreed to provide a 40-foot setback along Saguaro so that there would be a 40-foot wide strip of
landscaping before the first screen wall. Another important characteristic of the PUD was that it included a
conceptual site plan of which all was enforceable. He acknowledged that many rezones of this type did not typically
provide this type of information at this point. The applicant was committing to the colors and the heights of the
structures as shown, and which was a benefit to the Town.
He said there were a number of sections in the PUD that talked about sign regulations and a unique way of looking at
the total area and the quality of the signs placed on the site. The wall mounted signs typically seen on a strip center
like this would be a Plexiglas panel sign that would have lights inside enabling it to be seen in a distance. He said
this PUD required the kind of signs that were solid and the light was in back of it, which reflected the light off the
wall. The sign would be subtle in appearance and the quantity of the signage significantly reduced. He explained
that the C-2 zoning district guaranteed an applicant a minimum of 50 sq. ft., up to a maximum of 100 sq. ft., for signs
if they had a storefront. The proposed PUD stated the applicant would have one sq. ft. of sign for every linear ft. of
storefront. He pointed out that,however,the PUD did not provide for a maximum sq. ft. of signage allowed.
Ralph Pew, 10 West Main Street,Mesa—representative of the Barclay Group
He urged the Council to establish a first class quality commercial retail center at this location. He clarified that the
hillside ordinance and traffic issues would be addressed later under the preliminary plat issue. He explained that one
of the reasons for using the PUD technique was to restrict uses. He confirmed that the applicant had agreed to the
restrictions of various uses. The proposed ordinance, as drafted, was satisfactory to them. He noted that they had
eliminated hotels and motels from the site. The applicant also agreed to the added language concerning the outdoor
limitation on storage as described in item#28.
Mr. Pew explained that where they disagree with the Planning Commission's recommendation was in Section 5, Item
B, Page 3 of 9 of the ordinance. He stated that the Commission had recommended that the automotive fuel
dispensing stations and car washes, as an accessory use to a dispensing station, be eliminated. He stated that those
uses were viable at this location and the drafted ordinance allowed those two uses, which was different than the
recommendation from your Planning and Zoning Commission. He wanted to make it clear that from their
perspective, an automotive use and car wash on one of the pad sites was an ancillary part of that use. They felt that
was a reasonable use here and they would like to see those uses included in the way that the ordinance was currently
written.
He suggested that the applicant was willing and would stipulate tonight to the addition of a new Section 13 in the
ordinance that would restrict the hours of operation from midnight to 6 a.m. on weekdays and 1 a.m. to 6 a.m. on
weekends. In essence, if they wanted to have a use that operated 24 hours a day they would have to come to the
Council for a use permit. He raised the issue of the building's esthetics and he stated he believed that most of the
people that they had dealt with on this project were very satisfied with the elevations, design of the product, and the
building itself. He said they had talked with representatives from Target and they had agreed to authorize the height
reduction of the building from 40-feet to 32-feet which members of the community had been interested in. He said
this could also be added to the ordinance. He said there was a section in the ordinance that required they comply
with the Town Center Commercial Zoning standards. He acknowledged that the ordinance had been drafted to do
that. He directed their attention to Section 9. He said this section gave the Council some assurances with the respect
to the quality of the elevations and the Council's ability to review and compare the standards the Town currently had.
He asked to clarify Section 7,Page 5 of 9. He said this portion concerned the size of the major and minor anchors in
this center. He said the applicant had intended that the major anchor would be a minimum of 100,000 sq. ft. What
they thought they were talking about, with respect to the minor anchor, was the minor grocer anchor. He said if they
could attract a grocer to this site,that grocer should be at least 20,000 sq. ft. He explained that the way the ordinance
%ow was drafted it indicated that any minor anchor must be that size. He asked that the wording of this section be
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changed to say the major and minor "grocer" anchor spaces. He stated that then Section 7 would reflect how they
had anticipated this section to be interpreted.
tiokir Councilman Wyman asked that the restricted hours be repeated. Mr. Pew suggested that the Town utilize a use
permit process. If the applicant wanted to have a use that would be open from 12 a.m. to 6 a.m. on weekdays and 1
a.m. to 6 a.m. on weekends,they would have to come back to the Council for approval.
Councilwoman Wiggishoff asked if that was the case, would they want to change the wording in Section 3 regarding
the illumination of the monument time as well. Mr. Pew said yes and agreed that section should be changed to be
consistent.
Councilwoman Hutcheson asked if the proposed car wash was to be attached to a gas station and not separate. Mr.
Pew said that was correct. It would not be a freestanding car wash.
Councilman Poma asked if the change to Section 7 was agreeable to staff. Mr. Valder said yes and in Section 3 he
proposed that at the end of the sentence the Council add a statement that would allow for a monument sign to be lit if
the Council agreed that a business could stay open at night. Town Manager Paul Nordin asked for clarity that the
signage would also be a condition of the special use permit. The additional lighted signage would only be allowed
only as the result of specific Council action along with the SUP (special use permit). Mr. Valder said that was
correct.
Councilman Mower asked for clarity of the wording in Section 5. Would the automotive fuel dispensing station
operational hours need to be stated here or would it indicate a special use permit was required. Mr. Valder proposed
that under the prohibited uses in Section 5,the hours for any commercial activities be listed as between 12 a.m. and 6
a.m. weekdays and 1 a.m. to 6 a.m. on the weekends. He explained that would be the catchall to prohibit all
commercial activity. Mr. Valder reviewed the proposed new Section 13 that referenced the hours of operation of
commercial activity by special use permit. He explained that should clarify that those activities were prohibited/Iter only permitted by special use permit. He acknowledged that it was obvious that there needed to be changes to the
PUD before the Council could sign it.
Mayor Morgan opened the meeting for public comment. She reminded the public about the 3-minute time limit and
asked that comments not be repetitive. She stated that if an individual was speaking to any of the issues tonight and
represented a group that they please indicate that as well and the Council would allow the speaker an additional 2
minutes.
George Post, 17014 E.Rand Drive.
He expressed concern about changing the zoning from industrial. He objected to split zoning and an all night gas
station with a car wash as it sounded to him like a truck stop.
Leesa Fraverd, Chairwoman of the Planning and Zoning
She clarified that the Commission had removed the gas station and car wash from a by right use to a special use
permit. She said that the Planning and Zoning Commission could not support the by right for that use and the
audience had not supported the by right use. She expressed that the Council had not addressed the proposed
requirement that the major anchor store must have a C of 0 and must open prior to the issuance of building permits
for the smaller pads. She explained that there had been some concerns that the smaller pads would open before the
Target. The Planning and Zoning Commission wanted the Target to open first. She asked for the Council's
consideration on this issue.
Elaine Tar,Trevino
She referred to the Growing Smarter Law and how the state was working to close the split zoning legal loophole.
She was opposed to the gas station and their proposed hours of operation as well as the split zoning.
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Jodie Knapp, 17011 E. Monterey
Opposed to the split zoning and the C-2 zoning. She expressed that the state was looking at removing the legal
loophole of split zoning.
Yetta Seidon,represented group
In favor of the Target rezone.
Ellie Bernard,Frank Lloyd Wright/Pima Target store manager
She reviewed the positive aspects of Target as a neighbor in Fountain Hills.
Karen Huske, 167 Green Briar Lane
Opposed to the Target shopping mall.
Mayor Morgan reconvened the regular session at 7:27 p.m.
AGENDA ITEM #13 - 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.
Councilwoman Wiggishoff MOVED to approve Ordinance 00-06 with stipulations as presented and Councilman
Wyman SECONDED the motion.
Vice Mayor Apps asked the stipulations be restated. Mr. Valder reviewed the changes and stated he would have the
ordinance revised for their review.
Councilwoman Wiggishoff asked what the hours of operation were for the surrounding businesses. Mr. Valder
responded that Circle K was open 24 hours as well as the convenience store, McDonalds closed at 10 p.m. and the
Texaco was permitted to be open 24 hours,but currently chose to close at 10:00 p.m. due to a staffing storage.
The vote CARRIED (6— 1). Vice Mayor Apps cast the nay vote.
Councilwoman Hutcheson asked that Mr. Valder read Section 8 to the public as it addressed the occupancy issue.
Mr.Valder read the section aloud.
Councilman Poma asked if the Town had a letter of intent from Target. Mr. Pew responded yes. Mayor Morgan
acknowledged that she had talked with Mr. Grant confirming their intent.
AGENDA ITEM #14 - CONSIDERATION OF RESOLUTION 2000-17 ABANDONING A PORTION OF
THE LASER DRIVE RIGHT-OF-WAY, ALL OF THE COSMIC DRIVE RIGHT-OF-WAY, AND THE
ABANDONMENT OF ALLEY RIGHTS-OF WAY IN PLAT 412-A.
Mr. Farrell said that state statutes control the disposition of public roads. He said it was necessary for a Town
Council to make a determination that all or a portion of a roadway was no longer necessary for public use as a
roadway. Once the Council made that determination then they could dispose of the public road right-of-way. He
acknowledged that this had been done a number of times.
He reviewed that this abandonment was primarily Laser, Cosmic, and an alley as depicted on the visual. He said the
Laser Drive abandonment caused him concern and was the reason he made sure that there was a clear understanding
in the resolution of what the terms and conditions of the abandonment would be. He said the piece of property, if
taken by itself, was not a viable economic piece. The width was such that a commercial or industrial building could
not be built on it. He said it had been the history of this Council and staff to obtain compensation for abandoned
parcels whenever there was value. He said he had spent several hours with an appraiser, Mr. Dominick of Burke
Hanson, and discussed how one might value this economic unit. He described it as a 60-foot piece of land that by
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itself was useless but with a clear value to one of the adjacent property owners. He said the property owners of Lots
68 and 69 could have find some value but obviously the Barclay Group piece would take on some consideration. The
parking and drainage planned for that purpose of Laser Drive had some valuable consideration. He said it was the
opinion of the Town staff, and in the resolution before the Council, that the economic development that would flow
from putting that piece into the hands of developer was adequate compensation to the Town, which was primarily the
transaction privilege tax. To put it out for public competitive bidding would probably either defeat the economic
impact if someone were to buy it or the delay the project. He said it was staffs recommendation that the Council
find Laser no longer necessary and that the consideration for Laser Drive was the economic development. Because
of the use of Laser Drive at this point in time, staff had requested that the resolution not take effect until an adequate
and alternative means of ingress and egress, which would probably be Technology, was available. He affirmed that
the use of a public road would not be given up until an alternative method was available to the public. He confirmed
that the Barclay Group understood that could affect the platting issues.
Mr. Nordin addressed the staff recommendation to abandon Laser Drive for three basic reasons:
• Planning principal
• Traffic flow considerations
• Public health, safety,and welfare considerations
Planning Principals
He stated that even before incorporation that had been a great deal of community discussion had occurred concerning
the entrance to the Firerock area south of Shea Boulevard. He said the Town had endured a high-end low-density
residential development adjacent to the industrial park. He expressed concern for the residents who were taking the
same entrance and exit, Saguaro Boulevard, as the Town's Industrial Park. He stated this was not a good planning
principal and not wise from a planning perspective.
He quoted from a the principal textbook, "Industrial districts require substantial areas of moderately flat in expensive
land that can support heavy loads. Housing for employees should be within commuting range but the district itself
should lie to the leeward of nearby housing areas in such a position that the traffic it would generate would not
disturb those, in essence,residential areas. There is no reason from a planning viewpoint why light industry may not
be mixed more intimately with other uses given adequate controls over noise and sufficient separate access." He
confirmed that there had never been separate access to that area ever. He stated that if the Council abandoned Laser
and took the primary access of Technology, the Town would have created an appropriate separation between the
residential and industrial park.
Traffic Flow
Mr. Nordin referred to a letter received from two traffic engineers drawing their attention to two specific sentences.
"The closure of Laser Drive will reduce traffic volume and improve traffic operations on
Saguaro Boulevard south of Shea Boulevard and the intersection of Saguaro Boulevard and Shea
Boulevard.
Technology Boulevard will be designed to higher standards than Saguaro Boulevards was
and will be better able to handle the higher traffic volumes projected with the proposed closure of
Laser Drive."
He then reviewed to the traffic table contained in the engineer's letter citing the decrease in traffic numbers with the
closure of Laser Drive and the proposed traffic pattern that would be designed at the intersection of Saguaro and Shea
Boulevards.
Public Health and Safety
Mr. Nordin reviewed that more vehicles would be able to efficiently turn left. Because there wasn't a northerly
traffic leg on Technology, the safety of the intersection would increase significantly. The traffic would exit out the
safer intersection. He pointed out that the Fountain Hills Fire District#2 station was located near the intersection of
Shea and Saguaro Boulevards, which served a substantial area north of Shea Boulevard. He referred back to the
traffic count table. It was staffs opinion that the traffic count of 4550 vehicles on Saguaro with Laser closed was
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preferred to the 6900 vehicles that would include truck traffic from the industrial area if Laser remained open. He
emphasized it had been necessary on numerous occasions for the emergency equipment located in that firehouse to
cross Shea Boulevard. He noted that it would be safer and allow the Fire Department more of an unfettered and freer
ice, approach to Shea Boulevard when emergencies arose. He pointed out that the turning radius of 115° that could be
constructed onto Technology would be sufficient for large truck traffic.
Mr. Nordin stated if the Council decided to abandon Laser, staff would make every effort, between now and the time
that the final plat was approved, to work with the developer and the businesses on Laser Drive. Staff would assure
that the ultimate design was at least as good as or, if possible, an improvement on their Laser ingress and egress.
Councilwoman Wiggishoff MOVED to approve Resolution 2000-17 and Councilman Wyman SECONDED the
motion.
Councilman Poma asked if the Barclay Group had given the 10-feet. Mr. Nordin stated they had made that verbal
commitment to him. Councilman Poma questioned if there was to be any access from the Target parking lot to
Saguaro. Mr. Valder responded no, traffic would only able to make a right turn in from the street into the center on
Saguaro Boulevard. Mr. Nordin pointed out that although Mr. Valder was technically correct,there was a connection
between the Target parking lot and Bank of America, that would make it possible to go from Target to Bank of
America and then onto Saguaro.
Councilman Poma said all the traffic count information was blown away because of that statement. Mr. Nordin
disagreed. He said the engineers had taken the traffic designs into consideration. Councilman Poma expressed
concern it could be a potential problem if residents discovered this access and used it. He also said the alley, which
was paved, might also be used by residents and become another problem. Mr. Nordin said the alley had been
considered in the design. Councilman Poma referred to a letter from staff back in 1997, which recommended to the
Mayor at that time not to block off Laser Drive. He asked why did staff now want to block it off.
Mr. Nordin responded that between 1997 and now the Target proposal had come to staff. As a result of that, staff
started to rethink all of the design.
Councilman Mower referred to Section 1 of Resolution 2000-17 where it declared a portion of Laser Drive to be no
longer necessary for public uses as a right-of-way. He questioned staff as to why there wasn't anything said about
the widening of Technology Drive before Laser would no longer be used. He felt there needed to be a reference to
the fact that Technology Drive would be widened to at least 15-feet in width. Mr. Nordin stated this would be
addressed under the preliminary plat and could be taken up at that time. Mr. Nordin clarified that what the Council
was reviewing was only the abandonment of Laser Drive. Mr. Farrell said that if the Council passed the resolution,
staff would not allow it to be recorded until such time as Technology was ready. He clarified that a previous draft of
the resolution contained that as a section to that affect. However, since the County Recorder and the Title Company
would look at it as a condition, staff took that section out. He explained that neither the recorder nor the Title
Company would have any way of knowing whether Technology was in place. Staff opted to hold the resolution and
would not allow it to be recorded until Technology was in place.
Councilman Poma asked why the Barclay Group needed Laser to be closed and asked if the reason was for parking.
Mr. Valder said no. He explained the conceptual plan indicated the applicant was proposing to park the site in excess
of what the parking requirements were. Mr. Valder stated that if Laser were not abandoned, the project would then
shift approximately 60-feet north. Mr. Nordin noted that the 60-feet of right-of-way obtained if Laser were
abandoned, would provide sufficient room behind the stores for a complete truck turn around to occur and was a key
element in the recommendation to abandon Laser Drive. This would allow the trucks to enter Technology and exit
Technology. This would eliminate additional truck traffic,making Saguaro a safer street.
Councilman Wyman expressed his concern for the implementation of the resolution. He asked for clarification that
the resolution would not be filed until such time as the Town was satisfied with the preliminary plat, addressing the
turning radius and after the practical changes were made to Technology. Mr. Farrell said he wanted to go further
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than that by having Technology available for public use before Laser was closed. Councilman Mower pointed out
that Technology needed to be built so that it was adequate to carry the heavy truck traffic that would be coming. Mr.
Farrell confirmed those issues would be covered in both the preliminary and final plat items.
Mayor Morgan asked for was public comment.
Clifford Van Kalsbeek, Van's Storage— 16701 E. Laser
Opposed to the proposed closure of Laser Drive. He stated the business park owners had not been included in the
planning process.
Bob Tripp, 16410 E. Tombstone
No objection to the proposed closure but objected to the process being used. He questioned the proposed turning
radius for Technology.
George Post, 17014 E. Rand Dr.
Asked how much the developer was going to pay the Town for the closure of the alley and Laser Drive, which would
allow the developer to use them for parking spaces and truck turnarounds. He then asked who was going to pay for
the widening of Technology. He wanted the developer to pay their own way.
Mike Archambault, 15033 El Sombrante (Woodwhines)
Opposed to the proposed closure of Laser. Questioned the safety issue of diverting traffic from Laser Drive and
gating Technology at the other end leaving his business with one means of egress and ingress. He quoted from the
CC&Rs stating they were the more restrictive. It was his opinion that whatever was the more restrictive applied. He
said if the Town closed Laser Drive, the business owners would reopen it.
Marge Braungh, 15809 Sunflower
Opposed to the proposed closure.
Carol McRoy, occupies 16549 Laser(Lot 53); residential address 12146 Finch
kitior Opposed to proposed closure.
Jack Bercel, 17220 Malta Dr.
He asked the Council to look at the results of their actions and what impact the retail development will have on the
industrial park. He was opposed to the proposed closure.
Arvid Dennis, 16644 Lost Trail Dr. (Firerockl
He stated he represented other Firerock Estates residents and they were in favor of the closure. He stated the closure
of Laser Drive came up about 4 years ago during the Monk rezone and was suggested by Paul Keniston, a major
business owner at that time. He was surprised that the business owners now said they didn't know about the
proposed closure as there had been meetings in the past discussing this very issue. He said it was common
knowledge.
Councilman Mower asked for clarification of the turning lanes at the intersection of Technology and Laser Drive.
Mr. Nordin stated one of the Town's traffic engineers Ogbonna Abarikwu was present to answer any questions. Mr.
Abarikwu stated there was a significant difference between the turning movements that would occur resulting from
trailer type vehicles on Technology and Shea than what one might expect on Shea and Saguaro. He said because
Technology Drive was a new facility it would allow the Town the opportunity to design the facility to accommodate
whatever nature of traffic would be anticipated. Whereas, in the case of Saguaro Boulevard, it was an existing
facility and was bordered on the southside by an existing development. This posed significant constraint and made it
very difficult to negotiate a fairly wide turn on Saguaro. He noted a recommendation from the traffic study that had
been done on behalf of this project, which required the southwest corner of Shea and Saguaro be modified to
eliminate the current free flowing right turn in that corner. Mr. Abarikwu stated they believed that by eliminating the
free flowing right turn the safety could be improved at that location. He illustrated the proposed turning curve on the
map display. He then reviewed the Technology proposed turning curve. He acknowledged that truck drivers, when
making an eastbound maneuver, would generally enter the middle lane on their approach. He said that was the
conventional flow of a trailer type vehicle at an intersection. He added that was nothing unique to that particular
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location. He said it was obvious that Fountain Hills had many intersections where there were turning radius that
were in the 30-feet, 35-feet, 45-feet, and 50-feet range and all those intersections were able to accommodate trailer
type vehicles.
Councilwoman Wiggishoff asked if the center lane showing marked for two left turn arrows could be marked for a
left or right turn at the discretion of the driver, as there was no north bound traffic. Mr. Abarikwu responded that the
striping currently shown was based on the anticipated turning movement volumes of the future. He said there was
nothing that would prohibit the Town from requiring a dedicated left turning lane in the west bound direction, a
shared left and right turn in the middle lane, and a dedicated right turning lane on the far right lane. Councilman
Mower agreed with the shared middle lane but he asked Mr. Abarikwu to review the intersection of Laser and
Technology to illustrate how the truck traffic would go around that corner without turning into the opposite on
coming traffic. Mr. Abarikwu clarified that the typical driving habits described in the vehicle code made it clear that
whichever vehicle first entered the intersection had the right of way. He noted that in this intersection, a vehicle that
was attempting to enter and turn onto Laser Drive would have to wait for the vehicle that was coming out of Laser
before proceeding.
Mayor Morgan asked how this particular corner was different from Saguaro and Laser. Councilman Wyman also
asked how would it be any different for a semi truck delivering goods to Safeway or Bashas. He inquired if they had
the same turning problems. Mr. Nordin stated the truck drivers had the same problem. Councilman Wyman pointed
out it was important that everyone understand they have the same problem. Mayor Morgan asked what the turning
radius was there. Mr. Valder said he and Mr. Nordin had discussed the problem of truck traffic turning into on
coming traffic to make the turn onto Laser. He questioned keep the truck traffic on Technology where the truck
drivers could have flagmen out to get those trucks into the Monks site. He hoped the traffic engineer could review
this. Mr. Abarikwu said the intersection wasn't any different than 80-95% of the intersections all over Town. He
said a 30-feet radius was not uncommon at the intersection. Without having measured it and based upon the
classification of the roadway of Laser Drive and Saguaro, he felt they were looking at a 30-feet radius at that
location.
Vice Mayor Apps said the experts were the ones driving the trucks and they were not looking forward to trying to
litow make the turns if this happened. Mayor Morgan asked if the turning radius from Saguaro onto Laser was different
from the turning radius of Technology onto Laser. Mr. Abarikwu said he did not have the turning numbers for Laser
and Technology but he believed the turning radius on Laser and Saguaro was a 30-feet radius. He would be
surprised if it was any different from what was currently proposed for Laser and Technology. Mr. Nordin said it
would be staffs desire to make the turning radius at Laser and Technology not only as good as but the best possible
design of the roadway. This would be done through the preliminary and final plat process.
Councilman Poma expressed concern about a potential bottleneck of traffic. He asked how many driveways would
be located on Technology. Councilman Wyman asked about the possibility of restricting certain truck traffic from
Saguaro traveling onto Laser and putting those big rigs on a properly designed Technology. He agreed that
Technology should not be open at Saguaro. He asked if Laser could be kept open, but with traffic restricted. Mr.
Valder responded that if the project were constructed, there would be a total of 4 driveways on Technology between
Laser and Shea. Councilman Poma asked what the driveway distance was from Laser. Mr. Valder calculated the
distance to be approximately 3000 feet from the first driveway to Laser on the east. Mr. Valder responded to
Councilman Wyman's inquiry by stating that restricting truck traffic was an option. Councilman Wyman expressed
concern that the plan did not yet give consideration to the Town's industrial neighbors. Councilman Mower asked if
it was possible to leave Laser open and restrict it as to the weight of the vehicles. Mr. Valder said yes, but it would
be an enforcement issue.
Councilwoman Wiggishoff asked if the Council wasn't turning the question around. She expressed that the purpose
of abandoning Laser had an impact on the project plat. It would move it forward and closer to Shea by 60-feet and
provide less room in the back for delivery and truck turn arounds. The question wasn't keeping the heavy-duty
trucks off Saguaro. Councilman Poma said he felt the developer had a choice of perhaps making the building smaller
and using Technology Drive as a turn around. Councilman Mower said if the project was moved 60-feet forward to
allow Laser to stay open, there would still be the same amount of space for them the make the turn around in the
back. He suggested a box culvert for the wash, as it would provide for parking.
Town Council Regular and Executive Session 4/06/00
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Ralph Pew,Barclay Group
He suggested that if the Council was struggling with this particular issue, that they continue this matter and let the
Barclay Group come back with an alternative solution or specific answer. They would bring a proposal back to the
Council to review at the next meeting.
Vice Mayor Apps asked Mr. Pew if they were willing to meet with representatives of the industrial park about all of
their concerns. Mr. Pew said they were not only willing but had. He asked the Council to give the Barclay Group a
chance before the Council voted no to abandonment.
Councilwoman Hutcheson pointed out she was not sure how the Council could approve a preliminary plat without
first considering the abandonment of Laser. Some of the issues of the preliminary plat were incumbent on how the
Laser Drive abandonment worked out. She said that if they were going to be responsible, the Council would need to
consider the continuance of the preliminary plat as well because one was dependent upon the other. Mayor Morgan
agreed that the Target issue should be continued.
Councilman Wyman withdrew his second on the motion.
Councilwoman Wiggishoff MOVED to continue agenda items 14 — 17 until the April 20th Town Council meeting
and Councilman Poma SECONDED the motion, which CARRIED unanimously. Mayor Morgan called for a 10-
minute recess before continuing the regular session.
AGENDA ITEM #15 — DISCUSSION AND POSSIBLE ACTION REGARDING APPROPRIATION OF
$987,000.00 OF PUBLIC FUNDS FOR ECONOMIC DEVELOPMENT IN CONNECTION WITH THE
BARCLAY PROJECT. THE APPLICANT HAS REQUESTED THAT THE COUNCIL CONSIDER AN
APPROPRIATION OF FUNDS OVER A PERIOD OF TIME TO ASSIST IN THE CREATION AND
ENHANCEMENT OF THE ECONOMIC WELFARE OF THE TOWN.
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 — CONSIDERATION OF RESOLUTION 2000-16, ADOPTING A REVISED
VILLAGE BAZAAR SHARED PARKING AGREEMENT THAT CLARIFIES PARKING
REQUIREMENTS FOR THE DEVELOPMENT AND RESCINDS RESOLUTION 1999-61.
Mr.Valder reminded the Council that late last year they had approved a shared parking agreement for the project. At
that time staff knew they would have to come back before the Council to take care of couple of things. One issue
was the language that stated how many square feet of restaurant space or uses had a parking requirement higher than
the Town's standard of 1 per 250. He said staff was sensitive to the fact that they did not want to allow so much
commercial space within the commercial project that the park parking lot would always be full of commercial traffic.
Staff wanted to make sure that did not happen. So, at the request of Councilman Poma, Section 3— 1.5 was added. It
was written with a cap on the amount of useable floor area for restaurant use within the project and that was 6,000-sq.
ft., which roughly approximates how much parking the Town would have both in the project parking lot and the park
parking lot. He stated that at the property owner's request, he had added the last sentence, which would allow them
to come back before Council if the parking lots were not being fully utilized. The applicant would then request that
the Council raise the amount of useable floor area for restaurant use from the allowed 6,000-sq. ft. Mr. Valder said
that might or might not happen and would be at the discretion of the Council to modify the agreement at such a time.
He said staff recommended approval.
Councilwoman Wiggishoff asked for clarification on the provision of not have more than 6,000-sq. ft. of restaurant.
Mr. Valder explained that, under the zoning code parking rate regulation, restaurant usage was split into three
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different requirements. A parking requirement for the useable square footage of the restaurant was essentially the
part of the restaurant to which the public had access. He continued that another consideration was the employee-
parking rate, which was based upon a percentage of the total useable sq. ft. of restaurant space. He said that at this
{ point staff did not know how many employees the restaurants would have. He acknowledged that staff was still
comfortable with the shared parking concept, which was being utilized. He proposed utilizing the useable floor area
from the building permits, which were easily accessible, instead of trying to compute a maximum number of
employees. He expressed the need to put in a cap number and that was what this section accomplished.
Councilman Mower MOVED to approve Resolution 2000-16 as presented and Councilwoman Wiggishoff
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #19 — CONSIDERATION OF AUTHORIZING AN EXPENDITURE NOT TO EXCEED
$125,000 TOWARD THE DEVELOPMENT OF A RAISED-GRADE ACTIVITY AREA IN FOUNTAIN
PARK. THE DEVELOPMENT COSTS FOR THE RAISED-GRADE ACTIVITY AREA WILL BE
SHARED BETWEEN FOUNTAIN VICTORIA PROPERTIES AND THE TOWN OF FOUNTAIN HILLS.
Mr. Valder said staff and the Parks and Recreation staff was particularly interested in finding a way to raise the level
of the wash area. The proposed park parking lot would occupy the area where the concerts in the park happen and
other recreation activities occur. He said it was obvious that once the parking lot was in place there would no longer
be the space there to accommodate those activities. He stated a larger and more rectangular flat area within the park
would be something the Town and the property owner would benefit from. He noted that the Parks and Recreation
Director Robin Goodman had presented this item before the Parks and Recreation Commission. Their Commission
voted to recommend approval of the shared parking agreement and the raised grade activity area. He informed the
Council that the applicant would also contribute toward the project by using the money set aside to build the
retaining walls that would not be needed if this agreement were approved. He explained that if the raised grade
activity area were not constructed,the applicant would have to put up two retaining walls over 200 feet long. He said
that instead of using the money to build the retaining walls the applicant would rather invest it toward the RGAA
(Raised Grade Activity Area). He said staff recommended approval.
Councilwoman Wiggishoff MOVED to authorize the expenditure not to exceed $125,000 as presented and
Councilman Wyman SECONDED the motion.
AGENDA ITEM #20 — CONSIDERATION OF A COUNCIL INITIATED AMENDMENT TO SECTION
5.11, LAND DISTURBANCE STANDARDS, OF THE ZONING ORDINANCE FOR THE TOWN OF
FOUNTAIN HILLS, TO EXEMPT COLUMBARIA, AS AN ACCESSORY USE TO A CHURCH, FROM
THE LAND DISTURBANCE REGULATIONS IN SECTION 5.11,BY SPECIAL USE PERMIT.
Mr. Valder stated that Vice Mayor Apps had approached staff to draft language that would exempt Columbaria as an
accessory use to a church from the land disturbance regulations of the zoning ordinance by special use permit.
Specifically,Mr.Valder cited the Lutheran Church at the corner of El Lago and Fountain Hills Boulevard, which had
maximized their disturbance due to the church's recent expansion. He said some of their members were interested in
constructing a Columbaria that would be in a portion of their site, currently part of their hillside preservation area.
He said the concept plans that he had reviewed revealed a series of low walls relative to a nature hike. He stated that
technically that construction would constitute a disturbance and he had informed the church that it couldn't be done
because the church had maxed out on land disturbance. Mr. Valder explained that those members were interested in
making the Columbaria occur. Mr. Valder suggested that the Council could amend that part of the zoning ordinance
and permit it to happen. He said the item before Council was to initiate this. If it were to be approved, staff would
start the public notice process,take it to the Planing and Zoning Commission,and bring it back before the Council.
Councilman Wyman MOVED to the amendment as presented and Councilman Poma SECONDED the motion.
Councilman Wyman asked if this was just the first part of a 2 or 3 step process. Mr. Valder confirmed it was a 4-step
process, as the special use permit would still have to be applied for. Councilman Wyman said he had walked area
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with Pastor Joel. He had been impressed with the sensitive plans he had been shown. He said this was not
inappropriate for the Council's consideration. Councilwoman Wiggishoff said this was important particularly since
there was no cemetery in Fountain Hills.
The vote CARRIED unanimously.
AGENDA ITEM #21 - DISCUSSION OF COUNCIL MEMBER REPLACEMENT/APPOINTMENT
PROCEDURE INCLUDING CONSIDERATION OF ESTABLISHING AN ADVERTISING PERIOD,
SETTING A DATE FOR EXECUTIVE SESSION INTERVIEWS AND SETTING A COUNCIL MEETING
DATE WHEN THE APPOINTMENT WILL BE MADE.
Mayor Morgan stated this was on the agenda at the request of Vice Mayor Apps. Councilwoman Wiggishoff recused
herself from this item and left the bench.
Mr. Farrell distributed a handout to Council. He stated the issue was what happened to the remaining 2+ years of
Councilwoman Wiggishoff s term as she had submitted her resignation to be effective April 28t. He cited the
Arizona revised statutes (Section 9-235), which provided that the Council shall fill by appointment the unexpired
term of a vacancy that occurred through death, resignation, or removal from the town or office. He said the Town
Code in section 2-1-4 mirrored closely the State Statute, which provided that the Council shall fill by appointment
the unexpired term of any vacancy that may occur for any reason. He explained that the word "shall" had been
interpreted uniformly by city and town attorneys to mean that the "Council shall". He noted one of the first questions
that he had been asked had been could a special election be held or could an election be held to fill the unexpired
term. He said the answer was no. He said the Council did not have the authority to call an election for an unexpired
term. Mr. Farrell explained that the obligation falls to the Council to fill that vacancy. He said there was neither a
procedure nor a time limit as to how the Council went about the process in selecting the replacement for
Councilwoman Wiggishoff. He said there were some qualification requirements that were inherent by law. The
replacement must be:
• At least 18 years of age
• Must have been a resident of the Town for one year
• Must be a qualified elector
Mr. Farrell acknowledged that the process differed from community to community. He said in 1993 a Fountain Hills
Councilmember had resigned. Those Councilmembers provided a name or names to the Mayor. The Mayor
contacted those persons to determine if they would be willing serve and then there was a public vote. He said that,
generally, the process would be to solicit through public advertising, a collection of resumes or statements of
qualifications from interested candidates, interview those candidates, and then make a selection. He acknowledged
that this process was employed by Fountain Hills to select boards and commissions. He said the Council could also
implement the former process used here, which was to ask the Councilmembers to submit names. He reminded the
Council that whatever process or time limit the Council chose to enact, there was no guidance and no absolute need
to fill the position immediately. He stated that there was no real impediment either if there was a candidate that the
majority of the Council could support. He said the Council in Queen Creek had gone for as long as six months with
only six members and Chino Valley had gone two or three months. He said the candidates must have those three
before mentioned qualifications and that they would only serve the remaining portion of Councilwoman
Wiggishoff s term, which was set to expire first Thursday of June, 2002.
Councilman Mower expressed that he felt there was a need for seven members in the event of a seventh vote for a
tiebreaker. He said he would like to move as quickly as possible with the replacement process.
Councilman Mower MOVED to begin the process immediately and advertise for candidates beginning April 7th with
and application deadline of April 18th, schedule an executive session for interviews at 6:30 p.m. on April 19th, with
the announcement of the appointee on April 20th, and have the appointee sworn in on May 4. Vice Mayor Apps
SECONDED the motion.
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Mayor Morgan stated she found it hard to interview for a replacement for someone who was still here. She didn't
think the process should start until that person was no longer there. She acknowledged that as important as it was for
the Council to function that it was just as important that those Councilmembers who would be working with that new
person should have the opportunity to interview candidates. She stated that half of the present Council would not be
serving the public in June. Councilman Wyman stated he agreed with Councilman Mower that the process should
begin immediately.
Mayor Morgan stated that operating with less than seven Councilmembers and meeting with only six
Councilmembers for two or three meetings would not be a big detriment.
Vice Mayor Apps agreed the process should begin as quickly as possible.
Councilwoman Hutcheson stated that it was astounding that this Council could not operate with only six members for
only two meetings when other cities and towns seem to do it all the time. She asked if the present Council was
inferior and must have seven members to hold two meetings before a new Council was seated. She saw no precedent
for that. As the Council had heard from the Town Attorney, there wasn't any necessity. She was disappointed that
with only two meetings before the new Council was to be seated that the current Council would have the audacity to
make the decision of a replacement. That action showed a complete lack of confidence in the abilities of the new
Councilmembers, who had received over 50% of the public vote. She stressed it was only two meetings. She noted
the current Councilmembers who voted for this would be starting the new Council out in a tremendously arrogant
position. She felt the public would be shocked and she was embarrassed that the some of the current Council felt
they could not carry on the Town's business for two meetings with only six Councilmembers.
Councilman Wyman stated the election was over. The public clearly brought in a preservation group and he looked
forward to working with them. H did not see what that had to do with doing business between now and the first of
June.
Councilwoman Hutcheson stated that to exclude the three people chosen by the public from any part of the selection
process of the person that they would be working with,by the four people presently sitting on the Council who won't
be here, was absolutely inexcusable.
Mark Van Boeckel, Cambrio Dr.
He asked that the new Councilmembers be allowed the opportunity to pick the new member since the public process
had been excluded.
Bill Pait, 16128 E. Emerald
He suggested choosing the 4th person in line,John Kavanagh, from the last election totals.
Councilman Wyman asked if that was possible and could the 4th person in line simply be brought in or did he have to
be dealt with like anyone else. Mr. Farrell stated that person was certainly entitled to apply but that they didn't have
to be considered unless they applied.
Harold Denonme, 15205 E. Pageland Circle
He agreed with the last speaker and asked the Council to consider this option. He also suggested changing the by
laws so that this was automatic in the future.
Jack Fraser, 14956 E.Windyhill Rd.
He expressed that the Council should take their time and do the deliberation, as there was no need to hurry.
Leesa Fraverd, Cavern Dr. (Councilmember elect)
She stated she did not mind if the process was started but she agreed with Mayor Morgan that for two meetings the
Town Council wouldn't struggle, as there had been Council meetings in the past with only six Councilmembers
presiding. They had managed to move ahead with the Town's business. She suggested that Vice Mayor Apps and
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Councilman Poma might want to apply. She reminded Councilman Mower and Mayor Morgan that as she did not
know who would be here in June, that the public had elected her to help lead the Town. In the spirit of cooperation
and courtesy she asked that she be a part of the process of appointing someone. She addressed Councilmembers
Wyman and Hutcheson. She asked them to give her and the new people the chance to help them in the selection
process of the replacement. She said it was important that the Town Councilmembers work well together. She said
there had been bickering in the past and she would like to avoid that and focus on getting things accomplished.
John McNeill,Thistle Dr. (Councilmember elect)
He stated he saw no problem with the Town Council starting the process but asked that the newly elected Council be
allowed to participate in the selection process.
Councilman Wyman reminded the public that it was at these Council meetings where Councilmembers could openly,
as a quorum, discuss, cuss, and quarrel and thus state their particular and individual points of view. He stated in the
two years he has served on the Council that he had many contentious exchanges with fellow Councilmembers. He
said he had never walked out with any resentment in his heart, he had always respected their opinions, and they had
always respected his. He confirmed that was democracy at work and the only chance the Council had to air their
thoughts. He said their discussions were done in public and he felt the public benefited from the process.
Mayor Morgan reminded the Council that this important decision would be made with only six Councilmembers.
The vote CARRIED on a vote of(4— 2), Mayor Morgan and Councilwoman Hutcheson cast the nay votes. Mayor
Morgan called Councilwoman Wiggishoff back to the bench.
AGENDA ITEM#22- CALL TO THE PUBLIC
Leesa Fraverd,Cavern Dr.
She stated that after serving on the Planning and Zoning Commission for five years she acknowledged she had been
L involved in some lively discussions on various issues. She said there was a way of doing that politely and respectfully,
which was something that had not always been done by the current or the previous Council.
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 MOUNTAIN; RESPECTIVELY.
Mayor Morgan called for a vote to go into Executive Session at 10:18 p.m.
Councilwoman Wiggishoff MOVED that the Council recess the Regular Secession and reconvene the Executive
Session and Councilman Poma SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#24- RETURN TO REGULAR SESSION.
Mayor Morgan reconvened the Regular Session of the Town Council at 10:52 p.m.
Town Council Regular and Executive Session 4/06/00
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AGENDA ITEM#25-ADJOURNMENT.
Councilman Mower MOVED to adjourn the meeting. Councilman Wyman SECONDED the motion, which
CARRIED unanimously. Mayor Morgan adjourned the meeting at 10:53p.m.
TOWN OF FOUNTAIN!ILLS
f
By: , , �/ ' '_ t,
Sharon Morgan,Mayor
ATTEST: CAV1/1..k
Cassie B.Hansen,Town Clerk
Jr l ,
PREPARED BY: /_ ,
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 6th day of April 2000. I further certify that the meeting was duly
called and that a quorum was present.
DATED this 20th day of April 2000.
(41.44.4-:
Cassie B.Hansen,Town Clerk
Town Council Regular and Executive Session 4/06/00
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