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HomeMy WebLinkAbout2000.0615.TCREM.Minutes MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 15,2000 Mayor Morgan called the regular session of the Town Council to order at 5:30 p.m. Present were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Sharon Hutcheson and Councilmembers John Wyman, Leesa Fraverd, John McNeill, John Kavanagh, and Susan Ralphe. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Tom Irvine, Director of Administration/Town Clerk Cassie Hansen, and Director of Community Development Jeff Valder. ITEM #1 - 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 5:30 p.m. Vice Mayor Hutcheson MOVED that the Council recess the Regular Secession and convene the Executive Session and Councilman McNeill SECONDED the motion, which CARRIED unanimously. ITEM#2-RETURN TO REGULAR SESSION. Mayor Morgan reconvened the Regular Session of the Town Council at 6:25 p.m. ROLL CALL: - Following the pledge to the flag and the invocation by Pastor Joel Bjerkestrand, Shepherd of the Hills Lutheran Church, roll call was taken. The following members of the Fountain Hills Town Council were present: Mayor Sharon Morgan, Vice Mayor Sharon Hutcheson and Councilmembers John Wyman, Leesa Fraverd, John McNeill, John Kavanagh, and Susan Ralphe. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Tom Irvine, Director of Administration/Town Clerk Cassie Hansen, and Director of Community Development Jeff Valder. Mayor Morgan read the Consent Agenda, which consisted of the following agenda items: ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 1,6 AND 13,2000. ITEM#2- CONSIDERATION OF A PRELIMINARY REPLAT OF LOTS 1, 11,AND 12,BLOCK 3,PLAT 102,A LOT JOIN OF THE THREE LOTS LOCATED AT THE NORTHWEST CORNER OF PALISADES BOULEVARD AND LA MONTANA DRIVE,CASE NUMBER S2000-004. ITEM#3 - CONSIDERATION OF A FINAL REPLAT OF LOT 34,BLOCK 2,PLAT 505A,A 3-WAY LOT SPLIT LOCATED AT 15873 E. TEPEE DRIVE, CASE NUMBER S2000-007. ITEM#4 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY RICHARD FLOYD FOR THE PARKVIEW TAP HOUSE LOCATED AT 16828 EAST PARKVIEW UNIT B AND C. THE APPLICATION IS FOR A CLASS 12 RESTAURANT LICENSE. ITEM #5 - CONSIDERATION OF THE RENEWAL OF THE ANNUAL MOWING AND LANDSCAPE CONTRACT FOR FISCAL YEAR 2000/2001. Town Council Regular and Executive Session 6/15/00 1 of 13 Vice Mayor Hutcheson MOVED to approve the Consent Agenda as read. Councilwoman Fraverd SECONDED the motion. A roll call vote was taken with the following results. Councilwoman Ralphe— aye Councilwoman Hutcheson - aye Councilman Wyman— aye Councilman Kavanagh - aye Councilman McNeill - aye Mayor Morgan - aye Councilwoman Fraverd - aye The motion CARRIED unanimously with a roll call vote. ITEM #6 - CONSIDERATION OF APPOINTING A CITIZEN TO FILL THE UNEXPIRED TERM OF FORMER PLANNING AND ZONING COMMISSIONER LEESA FRAVERD. Mayor Morgan MOVED to nominate Tom Fox to fill unexpired term of Former Planning and Zoning Commissioner Leesa Fraverd and Councilwoman Fraverd SECONDED the motion, which CARRIED unanimously. ITEM #7 - CONSIDERATION OF RESOLUTION 2000-27, APPROVING THE ISSUANCE AND SALE OF TOWN OF FOUNTAIN HILLS, ARIZONA, MUNICIPAL PROPERTY CORPORATION MUNICIPAL FACILITIES REVENUE BONDS, SERIES 2000, AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATIVE TO SUCH SALE. THESE MUNICIPAL PROPERTY CORPORATION BONDS ARE FOR THE NEW COMMUNITY CENTER. Town Manager Paul Nordin called upon the Town's financial consultant, Bob Casillas, to address this item. He said staff was recommending$5.5 million and would finance the construction costs for the community center. He noted the $5.5 million not only took care of the building costs but also the estimated construction that was yet to take place, amenities,and issuance costs,etc. Mr. Casillas reviewed the information he distributed to the Council. He discussed the financing calendar that would be followed. He highlighted some of the activities that had taken place and future activities to close this transaction. He acknowledged that the MPC Board had met and gone through the information. It was their recommendation to bring the resolution to the Council for approval. He pointed out that a notice would be placed in the local paper offering the bonds to interested local residents. He expected to underwrite the bonds as of June 26t. He said that his office would extend an invitation to the Administration,Councilmembers,and MPC Board members to come to their office on June 26th to review the process and find out to whom the bonds were being sold. He anticipated closing the transactions on July 17th and depositing monies with the trustee so that the Town could begin construction. Mr. Casillas explained that at Councilman Wyman's request, the "not to exceed" figure appeared in documents prepared by Mr. Ruby's office,read not to exceed $5.5 million as that was the cap. He noted how the$5.5 figure had been determined. He said that there were some unknown variables in terms of the reserve fund. He acknowledged that it was unknown at this time whether or not the Town would qualify with one of the insurance companies for a surety policy in lieu of funding the reserve fund out of bond proceeds. In an effort to be prepared, he said they had increased the size of the bond issue in an effort to meet the federal tax law. The law stated that the reserve requirement would be 10% of the amount of bonds issued, roughly $500,000. Therefore, the size of the bond issue had been increased by $500,000 to allow for the possibility that the Town would not obtain the surety policy. He said they do anticipate the Town qualifying for the surety policy. They would be working with administrators to make the decision to pick the policy or whether to fund out of bond proceeds. He said this would give the Town the flexibility to go either way, not knowing at this time whether or not the Town qualified. He said they anticipated Moody's rating the Town as A2. He explained that with regards to the GO bonds the Town was rated Aa3 as those bonds were a property type of obligation and more secure than revenue bonds. He said that typically the revenue bonds might be rated a 'h grade lower than the GO bonds. Until they held further discussions with Moody's with feedback on the structure of the deal, the coverage rate, which shows excise tax as a source of repayment for the bonds, the Town was 19 times covered. This was based on the figures from the last fiscal year's excise taxes for the amount of debt that was being issued. Town Council Regular and Executive Session 6/15/00 2 of 13 Mr. Nordin said he had started to explore the value of segregating a portion of the undesignated reserve as the reserve account for the bond issue. If it proved to be of value, he said they would consider that option also. Mr. Casillas said that if the reserve fund was funded out of the bond proceeds, the Town would be able to invest the reserve fund at the rate of the bonds and earn interest.They then could use those monies to make any payments. He said the reserve fund was there just in case any unforeseen event happened. If the Town was not able to make a debt service payment, the reserve fund was there to make that payment. Hopefully, if those funds were not accessed for the next 20 years, the Town would basically use those monies in the reserve fund to make the last payment or potentially, because of the earnings growth,the last two payments. Councilman Wyman said the project budget was$4.6 million.The Town was putting out a bond for up to$5.5 million. He realized that if the amount was unnecessary, the entire sum would not have to be used, creating a $900,000 buffer, $74,000 a year in debt service for the period of the bond. He thanked staff and Mr. Casillas for providing the information. Mr. Casillas reiterated that the"not to exceed"figure was the$5.5 million and the bond run was expected to run$5.1 million,which included the reserve fund out of bond proceeds. Councilman Wyman asked for clarification on why the Mountain Bond had not been issued allowing the Town to earn the interest on that bond money. Mr. Casillas responded that when bonds are issued there must be a reasonable expectation that those bond proceeds would be expended within a three-year period of time. Councilman Wyman asked if the rules were the same for bonds issued through a municipal property corporation as they are for general obligation bonds serviced through property taxes. Mr.Casillas agreed that the rules were the same. Councilman McNeill asked for clarification that the interest earned on the reserve fund would not be subject to restriction. Mr. Casillas said the interest earned could be used for the project. Councilman Kavanagh asked what the cost of the surety policy would be and would the payment on that be included in the overall bond amount. Mr. Casillas distributed and reviewed the computed estimated fee costs when the last internal figures were run regarding the sources and uses. He explained that if the Town qualified for the surety policy and decided to take it, the premium paid to the insurance company would be roughly 21/2% to 4% of the total reserve amount. He calculated it to be approximately a$25,000 premium going to the insurance company in lieu of funding the reserve fund out of the‘11160,' proceeds. Councilman McNeill asked that if local residents showed interest, would bonds be set aside for them. Mr. Casillas confirmed that in the past they had given priority to orders that came in to their office from Fountain Hills. He hoped there would be local interest. Councilman Wyman MOVED to approve Resolution 2000-27 as presented and Vice Mayor Hutcheson SECONDED the motion,which CARRIED unanimously. ITEM #8 - PRESENTATION BY TOWN ATTORNEY BILL FARRELL ON CHANGES TO THE OPEN MEETING LAW IN THE STATE OF ARIZONA. Town Attorney Bill Farrell reviewed a handout presented to the Council noting all the changes made by the Legislature regarding the Open Meeting Law. He stated that the changes would become effective July 18`h. He pointed out the text additions appeared in all caps while the text that was crossed out would be deleted. (See packet material for copy.) Councilwoman Fraverd inquired if the same information would be given to the commissions. Mr. Farrell replied that the commissions held an advisory role and rarely held executive sessions. His focus was on the Council's compliance. Mr.Farrell noted that his office would develop a handbook for distribution to all public bodies. He acknowledged that the Town staff was in compliance already with their procedures in place. He pointed out there would be small changes in the agenda at the first August meeting. Mayor Morgan called for a 5-minute break at 7:27 p.m. Mayor Morgan reconvened the meeting at 7:32 p.m. Town Council Regular and Executive Session 6/15/00 3 of 13 ITEM #9 - UPDATE BY SENIOR CIVIL ENGINEER JIM LEUBNER ON LARGE, PENDING ENGINEERING PROJECTS INCLUDING THE WIDENING OF SHEA BOULEVARD, THE GOLDEN 4444, EAGLE DAM IMPROVEMENTS AND THE LAKE LINER REPLACEMENT. Senior Engineer Jim Leubner reviewed there were three significant projects underway in the Town. He said he would review the Shea Boulevard Widening Project and the Golden Eagle Dam Improvements. Ryan Rhoades would review the Fountain Park Liner Project. Shea Boulevard Widening Mr. Leubner displayed a map of the project area. He pointed there were two sides to the project: the Palisades Blvd. side and the Beeline side. • He pointed out the section of Shea Boulevard from 144th St. to Palisades Blvd.,as indicated on Exhibit#1,as to what the improvements would entail. He announced the notice to proceed on this portion of the project was anticipated to be July 10th, the starting date to be July 11`h, and a contract period of 150 days. He explained that the cost of this part of the project was$1.29 million of which the Town's portion would be$430,000. • He displayed Exhibit#2 (Beeline segment) and explained the improvements to be constructed. He explained that the cost of this part of the project was$181,000 of which the Town's portion was$54,000. Golden Eagle Park Dam ■ He described and reviewed the changes that were anticipated. He noted that Hunter Contracting was the contractor on this project. He pointed out that this company was also the contractor for the Shea Blvd. widening project. He said the project was started on June 5th. He stated they were on schedule to complete the project in November and might finish in October. Mr. Nordin pointed out that staff wanted to give the Council a preview of the expenditures. Next week he would be asking the Council to consider the expenditure of matching funds in next year's fiscal budget. He explained that these projects had been planned for a long time and staff felt it was an appropriate expenditure for the Town. Staff would kilisly recommend to the Council that the projects continue. To facilitate the continuance, he would be asking for the Council's approval in next year's budget. Councilman Kavanagh asked what the dimensions of the box culvert were. Mr. Leubner stated the auxiliary box culvert was 4' H x 10' W. Councilman Kavanagh asked what the length was to be. Mr.Leubner estimated the length to be 90' — 100'. Councilman Kavanagh asked if there were any barriers that could be installed to keep the area from becoming a hangout. Mr. Leubner pointed out that issue had been discussed at the review process and it was determined the proposed trash racks would cause a plugging factor. He indicated the culvert must remain clear. Councilman Kavanagh questioned if the bleachers were obscured from view by the dam. Mr. Leubner believed portions of the bleachers would still be open to view. Councilman Kavanagh asked if the Golden Eagle Park parking lot would be periodically shut down due to this project. Mr. Leubner acknowledged that the parking lot area shut down earlier was considered to be the staging area for this project. He said the parking lot was off limits to the public until the project was completed. Councilman Kavanagh asked if the acceleration lane on Palisades Blvd. going towards Scottsdale would be lost in the Shea Widening project. Mr. Leubner responded he would have to look into that. Mr. Leubner introduced Ryan Rhoades from Black and Veatch. Mr. Nordin suggested that Mr. Rhoades give his update under agenda#10. ITEM#10 - CONSIDERATION OF AWARDING THE BID TO HUNTER CONTRACTING COMPANY IN THE AMOUNT OF$1,298,015.66 FOR THE FOUNTAIN LAKE LINER REHABILITATION PROJECT. Mr. Rhoades reviewed the status of the Lake Liner Replacement project. He explained that two bids had been received earlier in the day from Pine River and Hunter Contracting Company. He said these bidders had come from a prequalification that had taken place. The low bidder was Hunter Contracting in the amount of$1,298,015.66. He announced that the bids had come in lower than the engineer's estimate. He reviewed the current events: Town Council Regular and Executive Session 6/15/00 4 of 13 • Dam installed • Lake dewatering • Aquatic life removal continuing Black and Veatch recommended awarding the contract to Hunter Contracting Company in the amount of $1,298,015.66. He added that if the Council agreed with their recommendation and awarded the contract to Hunter Construction, Black and Veatch would issue the notice of award on June 20 and their firm would continue with the construction activities as follows: • June 23/install temporary fence around the park • June 30/lake dewater/aquatic life removal • July 1 -August 15/sediment removal • August 15—October 15/geomembrane installation • October 15/substantial completion date • November 1/lake in operation • December 22lfinal completion Mayor Morgan asked if the fencing would actually be down on December 22'd. Mr. Rhoades responded yes. Mayor Morgan explained that one of the Town's holiday traditions was the annual lighting of the luminaries so the Chamber of Commerce would need to know the final completion date. The planning of the lighting would need to begin in November. Mr. Rhoades said it would be within the Town's authority to remove the fence and open the park at any time during the project. He noted that the lake would not be full by December 22nd. Councilwoman Ralphe asked for reassurance about the workmanship warranty of the contractor. Mr. Rhoades said that under the contract,the contractor would provide a 15-year warranty. He said the material would be warranteed for a much longer period of time. Councilman Wyman MOVED to approve awarding the contract to Hunter Contracting Company as presented in the amount of$1,298,015.66 and Councilman Kavanagh SECONDED the motion. Bruce Hansen,Chairman of Sanitary District Board He cautioned that he did not feel the Town would be able to remove the fencing on December 22nd and that a more realistic date would be the first of February. He expressed that the Town would not want the public or animals walking on the new liner. The motion CARRIED unanimously. ITEM #11 - CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING WITH MCO FOR THE TOWN CENTER II IMPROVEMENTS. Mr. Leubner reviewed that the memorandum of understanding was for the construction of El Lago, landscaping of medians, and associated costs for the Town Center I and II projects. He explained that recently staff had established a cost breakdown. He said that MCO would give the Town$90,000 credit for the future installation of the traffic signal at Avenue of the Fountains&Palisades and$30,372 credit for the medians along La Montana. He explained that both credits would be subtracted from the $220,000, which was the Town's commitment for the Town Center I and II projects in that area. He stated that staff and MCO were in agreement and staff recommended approval of the Memorandum of Understanding and payment to MCO. Councilwoman Fraverd MOVED to approve the memorandum of understanding with MCO as presented by staff and Councilman McNeill SECONDED the motion, which CARRIED unanimously. ITEM#12- CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT FOR THE OPERATIONS, MAINTENANCE AND SCHEDULING OF SCHOOL AND TOWN FACILITIES. ,, Mr. Nordin explained that this IGA represented a consolidation of three existing IGAs with the School District. He said no changes had been made in the three that the Council had previously adopted. He pointed out that this project Town Council Regular and Executive Session 6/15/00 5 of 13 had been worked on collaboratively with the School District for some time and had just recently been completed. He acknowledged that the Town Attorney had reviewed and approved the agreement. He said the consolidation of the three IGAs represented an excellent cooperative effort between the School District and the Town. He was pleased and proud of the relationship established with the School District and recommended approval. Councilman McNeill MOVED to approve the consolidation of three IGA into one IGA with the Fountain Hills School District as presented and Vice Mayor Hutcheson SECONDED the motion. Councilman McNeill pointed out that having a cooperative relationship with the School District saved both the School District and the Town money. The motion which CARRIED unanimously. ITEM #13 - CONSIDERATION OF A TEMPORARY USE PERMIT RENEWAL FOR THE BEDLAM BED AND BREAKFAST LOCATED AT 15253 NORTH SKYLARK CIRCLE,TU2000-04. Senior Planner Geir Sverdrup reviewed the renewal request of the temporary use permit by Bedlam Bed and Breakfast. He pointed out that the applicant was asking for a five-year renewal but acknowledged that the Zoning Code permitted only a maximum of two years. He noted that there had not been any complaints submitted to their department regarding the operation of the Bed and Breakfast. He said staff had also consulted with the Marshals Department, inquiring if they had received any complaints. He had been informed that there were none filed with them. He said it appeared that the applicant had operated under the bounds of their previously issued temporary use permit. He pointed out that the Bed and Breakfast had been operated at various locations in Town over approximately a 10- year period. He said it had been the applicant who brought forward their renewal application. He felt that was unusual. He explained that usually it was the Town staff who had to prod the applicant to submit their application. Mr. Sverdrup acknowledged that they had not received any complaints from the public posting. He said staff had received one letter in full support of renewing the applicant's permit. He said staff was recommending the applicant be approved to operate Bedlam Bed and Breakfast for an additional two-years. Councilwoman Fraverd MOVED to approve the temporary use permit for two years as presented by staff and Councilwoman Ralphe SECONDED the motion. Councilwoman Fraverd asked why the applicant had applied for a five-year permit. Mr. Sverdrup responded that the request had come from his initial conversation with the applicant. He informed them that he would look into it. He found the specific wording in the Code, which restricted the permit for a two-year period. He said in further discussions with the applicant,they decided they were satisfied with the two-year permit. Mike Satori,resident He said that two years ago he had not been notified by mail of the application. He also said the public posting was not posted two years ago. He asked that the Council check out the procedure for public notification. The motion CARRIED unanimously. ITEM #14 - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW A WIRELESS COMMUNICATIONS FACILITY TO BE LOCATED AT 16701 LASER DRIVE, A.K.A. VAN'S STORAGE, ALONG THE EAST SIDE OF THE LOT WHICH FACES TECHNOLOGY DRIVE, CASE NUMBER SU2000-02. Mr. Sverdrup explained this was a reconsideration of the special use permit based upon the Town Attorney's concerns. He said staff had added stipulations, taking into account discussions with individual Councilmembers, area residents, and the applicant. One proposed stipulation did require that the applicant look into the "ridgeline site" located behind R.E. Monk's facility just south of the proposed Target. Other discussions held with other Councilmembers resulted in concern that the site be fully investigated and the Town might not want to approve this site immediately. He advised those Councilmembers that delaying approval was possible, as this was strictly a discretionary permit. This permit Town Council Regular and Executive Session 6/15/00 6 of 13 would allow the Council to control the time frame and redirect the applicant to another location if the other site was found to be viable. He said that the Council could decide to put restrictions on the effective dates of the special use permit. Should the Council decide to deny the special use permit and the matter became litigious, there would be koki.,,. reasons for the denial. He said staff continued to recommend approval of the special use permit with the additional stipulations. The Planning and Zoning Commission did recommend approval of the site with stipulations. If the "ridgeline site" went to a digital saguaro, it was not co-locatable. Van's site did have the ability to be co-locatable. resulting in one less tower. He noted that there were now nine franchisees in Arizona with very few currently located in Fountain Hills. He pointed out that eventually Fountain Hills will see all nine franchisees coming in for some kind of cellular site. He felt this was the"tip of the iceberg". Representatives from the Tynan Group made their presentation. Ginnie Ann Sumner: Gave a brief overview of how cellular phones and their equipment work. She stressed that wireless services would only continue to grow,requiring more sites. She made three points: • Wireless network development is in direct response to customer demand. • One out of four Americans is using wireless technology. • Carriers have a legally mandated responsibility to provide service in Fountain Hills as they do throughout the State. Peter Drake: He reviewed the proposed project. He said their project had staff support as well as the unanimous support of the Planning and Zoning Commission. He pointed out that their proposed project site satisfied the eight conditions placed on wireless facilities by the Town's General Plan. He addressed the three aspects to the visual impact of the monopole. • Physical configuration of the actual pole and antennas • Appearance of the actual pole and antennas • Appearance of the pole and antennas from the surrounding property • Overall visual context in which the pole and antennas are located. kora., He distributed and discussed the color simulations of the monopole at the proposed Van Storage site from various angles and distances. He emphasized that the monopole would not have adverse visual impact upon surrounding properties. Mr. Drake discussed the planning and construction problems of the two proposed alternative sites that had recently become a potential option. SRP metal junction pole Proposed Stealth Saguaro on the ridgeline site He stressed that to use one of the alternative sites would cost them one to two and one-half times more than to use the Van Storage site. He noted that the estimated time to put either of these alternative sites into service would be extended by an estimated one half-year, even on an accelerated basis. He concluded that from both a cost and planning standpoint,the Van Storage location was most desirable. Councilwoman Fraverd MOVED to approve the special use permit with stipulations as presented by staff and Councilman Wyman SECONDED the motion. Councilman Kavanagh asked which recommendation the Council was being asked to consider: the one with the time constraint or the total rejection. Director Valder responded that it was staff's recommendation for the Council to approve with the stipulations included in the staff report. He said in the event that the Council chose not to approve it, language was included in the report that should be cited in a motion for not approving. Councilman Kavanagh questioned if a stealth saguaro were to be permitted on the ridgeline, would the revegetation of the area regenerate within a year. Director Valder agreed vegetation should be restored within a short period of time. Councilman Kavanagh addressed the additional cost that would be involved for AT&T if they were required to relocate. He felt the consumers could bear the cost of extra work on AT&T's part. He noted that the biggest obstacles for the Town to get the antenna located in a stealth saguaro were the good faith commitment from AT&T to pursue Town Council Regular and Executive Session 6/15/00 7 of 13 this location and the Town's ability to monitor their pursuit of making a deal with MCO and the Barclay Group. He asked how realistic it was that AT&T could cut such a deal within reasonable time and asked if the Town could expedite the arrangement. Director Valder said he had posed the question to Carl Bommarito (MCO) who stated it would be possible. Councilman Kavanagh asked if the Town would benefit from the rental monies. Director Valder said the monies would be placed in the General Fund. Director Valder stated that the Council would need to be agreeable to construction in desert open space. He pointed out that the principle to which the Council had agreed when they adopted the regulations was that the Town wanted to use poles that were already in existence and not put up new poles. He explained it would be with whatever the Council felt more comfortable:, a new pole where there was neighborhood opposition or approve antenna construction activity in an area that would normally be undisturbed open space. Councilman Kavanagh said AT&T had made a compelling case with respect to the visibility of the pole to the homes in the area. Assuming that was not challenged by anyone, it was a very complete presentation. He said he was now convinced that there wasn't that much of a visibility problem with the homes. He felt, however, that there was an aesthetics problem and he would prefer to use stealth technology if possible. He felt that this time there was cause to deny the permit as the stealth saguaro on the ridgeline site was an alternative site that was a win-win for almost everyone. He noted that the only negative thing for AT&T was a slight increase in installation cost,which could be off set by their consumers. Mayor Morgan asked if the Target issue failed, what would be the Town's position. Community Development Director Valder reiterated that staff's recommendation was to approve the special use permit with the stipulation that if that site can't be used for the stealth saguaro tower, the Council would be approving the pole to be located at Van's Storage site. He said something had to be approved. He stated that the Town must give the applicant the ability to provide service to their customers. He reviewed that if the Council said no to one site, then the burden that shifted to the Council to tell the applicant where they can go. Mayor Morgan asked if there was a time limit when the Town would be getting in to trouble with the law. Community Director Valder said he would prefer the stealth site located on the ridgeline. If it can't be located on the ridgeline, Le then the Van's Storage site was the preferred site as there weren't any other alternatives. Mr. Farrell responded there was not a site-specific time limit but there was a federal time limit to each of the licensees who bid on the opportunity to provide this service. He explained licensees were given very stringent guidelines from the federal government to reach a certain degree of penetration into a geographic area. He suggested asking the applicant if the timeline from now until the September 12th election was viable. Mayor Morgan asked if additional time would be needed to complete the necessary steps to transfer the land once the election was over. Mr. Nordin responded that staff would work diligently, prior to assuming ownership, after a successful election, to access that property as soon as possible. He suggested the Town might not have to wait until the Town had title as there might be other mechanisms and would work with the landowners and Barclay to complete the process. Vice Mayor Hutcheson simplified the issue as being approval of the site with the stipulation that if the ridgeline became available, the applicant would have until November 30 to look at the stealth saguaro option. She reiterated that by approving the special use permit with stipulations,the Council was approving two things: • If the ridgeline site became available for use by November 30, the Council would prefer AT&T locate on the ridgeline in a stealth saguaro. • If that were not possible, it would be located at the Van's Storage location. Councilman Wyman said he was impressed with the Tynan Group's presentation. He said there wasn't any incentive for AT&T to choose the stealth saguaro site. He was concerned that this pole was not the end of future poles. Councilwoman Ralphe asked if it was possible to clarify the wording to put the incentive in. The Council was favoring the stealth saguaro. If it weren't possible then it would be located at Van's. Director Valder responded that was the general intent of what he was trying to communicate in stipulation#1 in the staff report. He said if the Council wanted a fail-safe solid mechanism for having AT&T look at the ridgeline and investigate it to the satisfaction of the Council, he proposed the Council reject the special use permit. Then communicate to the applicant that the Council wanted to see the stealth saguaro located on the ridgeline. He said it would then be up to the applicant to convince the Council Town Council Regular and Executive Session 6/15/00 8 of 13 that it couldn't work. The Town would then sponsor the special use permit to locate the tower at the storage site. He said the stipulation was written in a reasonable manner and he expected them to thoroughly investigate the ridgeline site. He felt the ridgeline site might even expand AT&T's coverage. Councilman Kavanagh said he felt the Council favored the ridgeline site. If there wasn't any other place to put it, the Council realized that it would have to go to Van's. Given the fact that this option could work time wise, he asked if AT&T was denied and they decided to go to court, from a legal standpoint, would the Town lose. Mr. Farrell responded that on total denial there had not been enough cases to identify what type of a written record would suffice and he could not predict what would happen. He said the federal law did not favor local municipalities in the majority of those kinds of cases. Councilman Kavanagh asked for Mr. Farrell's legal opinion as to which option had the best chance of surviving legally. Mr. Farrell stated he felt comfortable with the way that staff had written their recommendation. Councilman McNeill asked if the Glenbrook site was an existing facility. Director Valder stated that pole had been put up prior to the Telecommunications Act of 1996 and the property belonged to US West. It had been approved as a monument. Councilman McNeill thanked the Tynan Group for their presentation and he felt the Van site was a viable site. He favored staffs suggestion. Councilwoman Ralphe asked if the language could be changed to put the responsibility on the Town to investigate the ridgeline site. Director Valder said he would not recommend that the Town be charged with investigating the workability of the site. He suggested that the Town could confirm the studies or reports received from AT&T if they were to conclude the site was not acceptable. The Town could retain a consultant to review their conclusion to see if it really was a poor location or not. Mr.Farrell said the alternative site was a piece of private property that was not being offered by the property owner for consideration. He said he felt uncomfortable under the land use context giving approval to anything in which the owner of the property had not made the application. He said the way the stipulation was written would allow the applicant to explore the option even though there had been some representation by MCO through Mr.Bommarito. No deal had been agreed upon and that piece of dirt was not under the Town's jurisdiction in the context of this application. Councilwoman Fraverd asked if the Council did not approve the tower location at Van's with this applicant, would the Town have a problem if this location were approved for another applicant. Mr. Farrell said precedent was only a legal obligation and that a superior court judge was bound by the printed decisions of a higher court. He said the Council was not bound by precedent but acknowledged that precedents were powerful pieces of evidence in litigation. He said to say "no" to Applicant A and "yes" to Applicant B for the same location made it difficult. He stated Applicant A would ask,why not me. Councilwoman Fraverd stated her concern was that the Council was considering placement of a tower in the Hillside Protection Easement (HPE)and there might be nine carriers who were interested. She said the fake saguaros did not bother her but the disturbance to get to the location did. She would rather not see the land disturbed nine times, with each disturbance a revegetation that is never brought back to natural vegetation. She acknowledged that there wasn't any good site for this tower. She stated that the Planning and Zoning Commission had explored options with the applicant and had tried to find alternate sites. She explained that although it was worth exploring the stealth saguaro site, between the Planning and Zoning Commission and the Council the applicant had been charged numerous times to look at alternative sites. She felt the applicant had complied. She felt there had to be some trust on both sides and when the applicant said he would look at that site, she felt he would. But the Council would have to go to plan B if that site did not work. Peter Drake,Tynan Group He requested a motion from the Council that had a time limit because of the referendum. He asked that if the hilltop did not work from a legal standpoint or voter standpoint,The Tynan Group wanted the Council's conditional approval for the Van's site. He said that from a procedural standpoint, they felt the saguaro option would work. He wanted to know if the Town would approve the land disturbance and a revegetation effort. He wanted to know if they, the applicant, needed to come back to the Council for another round of approvals on the site if the ridgeline site proved to be legally viable. Alternatively, was the Council giving approval this evening for that site in the event it become legally available and a contract could be negotiated. He requested that the Council direct staff to abate the rent for the hilltop due to the increase in the cost to put the tower on the hilltop. He felt it was unjust to charge rent for that particular site. He suggested that they also had the option to come back with another application for a different site. Town Council Regular and Executive Session 6/15/00 9 of 13 Mr. Nordin summarized Councilwoman Ralphe's concern as wanting to ensure an appropriate and sincere due diligence was done on the hillside. With such investigation being reviewed both by staff and Council, this would allow proceeding with the approval this evening and give the Council the ability to address Councilwoman Ralphe's concern. As to the applicant's comment regarding rent abatement, he would not agree to that but would take it under advisement and report back to the Council at a later date if the stealth site became available. He reiterated that staff would not be excited about rent abatement. Firerock HOA President He thanked the Council for the depth of their discussion and for staff's comments. He stated that he still felt that locating the pole at Van's would adversely affect property values and the views of the mountains. If due diligence was done on the ridgeline and it was found not to work then the homeowners would be satisfied with the Council's efforts. Horace Allen, 15604 Cabrillo Drive He did not want to see a line of stealth saguaros on the ridgeline. He favored the Van's Storage site. Bob Tripp He did not want the pole located at the Van site. Gennie Ann Sumner She stated, as the applicant, they had met the Town's requirements. She suggested that the staff rewrite the ordinance so future applicants could understand where the Town Council wanted these sites. The motion CARRIED unanimously. ITEM #15 - PUBLIC HEARING ON ORDINANCE 00-09 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, SECTION 5.11.B, TO REQUIRE A CERTIFICATE OF BUILDING PAD ELEVATION AND THE HORIZONTAL POSITIONING OF STEM WALLS AND FOUNDATION Lo FORMS BY AN ARIZONA REGISTERED LAND SURVEYOR PRIOR TO POURING CONCRETE, CASE NUMBER Z2000-08. Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 9:27 p.m. Planner Dana Burkhardt said that staff had problems with contractors not building the pad in the position as was approved on the site plan. He stated that the Planning and Zoning Commission unanimously recommended approval of the text amendment. He said staff also urged the Council to approve it. Mayor Morgan reconvened the regular session at 9:28 p.m. ITEM #16 - CONSIDERATION OF ORDINANCE 00-09 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, SECTION 5.11.B, TO REQUIRE A CERTIFICATE OF BUILDING PAD ELEVATION AND THE HORIZONTAL POSITIONING OF STEM WALLS AND FOUNDATION FORMS BY AN ARIZONA REGISTERED LAND SURVEYOR PRIOR TO POURING CONCRETE, CASE NUMBER Z2000-08. Councilwoman Fraverd MOVED to approve the Ordinance 00-09 as presented by staff and Vice Mayor Hutcheson SECONDED the motion,which CARRIED unanimously. ITEM #17 - PUBLIC HEARING ON ORDINANCE 00-10 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS,SECTION 5.11.B, TO REQUIRE ALL DISTURBANCE LIMITS TO BE SURVEYED, STAKED, AND CERTIFIED BY AN ARIZONA REGISTERED LAND SURVEYOR PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY,CASE NUMBER Z2000-09. Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 9:34 p.m. Town Council Regular and Executive Session 6/15/00 10 of 13 Planner Dana Burkhardt said it was a burden on staff to maintain the disturbance of boundary. Amending the ordinance to add this requirement would greatly aid staff. He noted that the Planning and Zoning Commission unanimously recommended approval as did staff. Councilman Kavanagh asked if the certificate of occupancy was issued once the house was completed. Mr. Burkhardt said that was correct. Mr. Burkhardt explained that the ordinance amendment would allow staff to enforce the Town's present ordinance. Director Valder stated that the staking by the surveyor would occur prior to any construction starting on the site. The staking would have to stay in place until the certificate of occupancy was issued. He explained that when staff checked the chain link fencing, staff did not have any way of knowing where the chain link fence should be without those stakes in place. Shelly Johnson,MCO Properties She stated they were opposed to any additional restrictions. Councilman Wyman asked that if once a professional surveyor surveyed and staked the property, was it incumbent upon the Town's inspectors to know whether or not the fencing had been moved. He wanted to know if it was readily known if the stakes had not been moved. Mr. Valder said one of the problems now was that when the fence was put up and inspected there weren't any landmarks on the lot that would tell the inspectors if the chain link fence was in the right place. He noted that it was common for people to maximize the disturbance portion of their lot as required on their site plan. This was done so that there was no way for the Town's inspectors to know if the chain link fence was correctly placed without the lot staked. On enforcement problems, when the fence comes down or was moved, staff wanted to see the staking to confirm whether or not there was a problem. Mayor Morgan reconvened the regular session at 9:36 p.m. ITEM #18 - CONSIDERATION OF ORDINANCE 00-10 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, SECTION 5.11.B, TO REQUIRE ALL DISTURBANCE LIMITS TO ,, BE SURVEYED, STAKED, AND CERTIFIED BY AN ARIZONA REGISTERED LAND SURVEYOR PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY,CASE NUMBER Z2000-09. Councilman Wyman MOVED to approve the Ordinance 00-10 as presented by staff and Councilwoman Fraverd SECONDED the motion,which CARRIED unanimously. ITEM #19 - PUBLIC HEARING ON ORDINANCE 00-11 TO AMEND SECTION 5.11 (B) OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, TO ALLOW THE DEVELOPMENT OF COLUMBARIA,INCLUDING ANY ACCOMPANYING FEATURES SUCH AS WALKWAYS,TO BE EXEMPTED FROM THE GRADING STANDARDS, BY SPECIAL USE PERMIT IF CERTAIN CRITERIA ARE MET,CASE NUMBER Z2000-06. Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 9:36 p.m. Community Development Director Valder said that a couple of months ago the Council initiated this amendment to Chapter 5 of the Zoning Code that would exempt the disturbance for columbaria as an accessory use to a church by special use permit. Specifically he said staff was responding to a request by Shepherd of the Hills Lutheran Church to create columbaria on a portion of their property that was in a non-disturbance area on their land. He pointed out that the church had already maximized their disturbance limits for the site and they wanted to create the ability to apply for a permit to create columbaria. He said this amendment would only apply to churches and columbaria. He did not anticipate receiving any more applications other than that from Shepherd of the Hills Lutheran Church. He pointed out the Town could receive more applications if another church wanted to have one of these on their property. He stated that on May 21st' the Planning and Zoning Commission voted 6 — 1 to approve. Chairwoman Fraverd had cast the nay vote. He said staff recommended approval. Councilwoman Fraverd corrected Director Valder with regard to the Planning and Zoning vote on this item. She said ,.,.. it was 5— 1 in favor of recommending approval as Commissioner Dragawickz had been absent that evening. Town Council Regular and Executive Session 6/15/00 11 of 13 Councilman Wyman reiterated that this item was to agree that such a special use process would be available but in no way approved it. He also commented that approval of this item did not approve Shepherd of the Hills Lutheran Church's application. L Councilwoman Ralphe said she wanted to avoid a "foot in the door" situations. She commented this might be called such an item. As this applied only to churches and there were limited numbers of churches in Fountain Hills so she did not consider this a"foot in the door"consideration. Arthur Beck, 16202 Glenbrook He said he and his wife lived in Fountain Hills by choice. He wanted the opportunity to extend that when the time comes as another place to enjoy. Mayor Morgan reconvened the regular session at 9:40 p.m. ITEM #20 - CONSIDERATION OF ORDINANCE 00-11 TO AMEND SECTION 5.11 (B) OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, TO ALLOW THE DEVELOPMENT OF COLUMBARIA,INCLUDING ANY ACCOMPANYING FEATURES SUCH AS WALKWAYS,TO BE EXEMPTED FROM THE GRADING STANDARDS, BY SPECIAL USE PERMIT IF CERTAIN CRITERIA ARE MET, CASE NUMBER Z2000-06. Councilman Wyman MOVED to approve the Ordinance 00-11 as presented by staff and Vice Mayor Hutcheson SECONDED the motion. Councilwoman Fraverd stated she was opposed to other disturbance in the HPE. The principle behind her decision to deny was that with proper planning any kind of disturbance should stay out of the HPE. The church that was bringing this forward was brand new and the planning had not been there. She acknowledged that there was another church in the planning process and felt that it would send a message to them saying that you don't have to stay within your disturbance and non-disturbance areas. It was her understanding that with Shepherd of the Hills Lutheran Church there were alternate locations and they would not have to go into a non-disturbance area. She felt this issue deserved another long hard look. She said she could not support this item. Councilman McNeill shared Councilwoman Fraverd's and Councilwoman Ralphe's concerns. He felt the Council was talking about a very limited circumstance here and columbaria, by the nature of the facility, indicated it would be sensitively designed and constructed. The language in the amendment required that for a special use permit to be issued there must be minimal alteration of the existing topography. He said it was something that the Council should support. Pastor Joel Bjerkestrand, 14735 Miramonte Way He responded to Councilman McNeill stating that it was Shepherd of the Hills Lutheran Church's intention to be very sensitive in the area. The proposed area was in a desert setting and they wanted it to remain a quiet desert garden setting area with the same or similar vegetation. The motion CARRIED on a vote of 6-1. Councilwoman Fraverd cast the nay vote. ITEM#21 -CALL TO THE PUBLIC. No one came forward. ITEM#22-ADJOURNMENT. Councilman Kavanagh MOVED to adjourn the meeting. Councilwoman Fraverd SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 9:45 p.m. Town Council Regular and Executive Session 6/15/00 12 of 13 TOWN OF FOUNTAIN HILLS By Sharon Morgan,Mayor ATTEST: L? w1-� Cassie B. Hansen Director of Administration/Town Clerk 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 Special Session Meeting held by the Town Council of Fountain Hills on the 15th day of June 2000. I further certify that the meeting was duly called and that a quorum was present. DATED this 6th day of July 2000. )a/./1,14/.._ Cassie B. Hansen Director of Administration/Town Clerk Town Council Regular and Executive Session 6/15/00 13 of 13