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HomeMy WebLinkAbout2000.0706.TCREM.Minutes MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL „.„, JULY 6,2000 Mayor Morgan called the regular session of the Town Council to order at 5:30 p.m. ROLL CALL: - Present for the roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Sharon Hutcheson and Councilmembers Leesa Fraverd, John McNeill,John Kavanagh, and Susan Ralphe. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Director of Administration/Town Clerk Cassie Hansen, and Director of Community Development Jeff Valder. Councilmember John Wyman was absent. AGENDA 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. Vice Mayor Hutcheson MOVED that the Council convene the executive session and Councilwoman Ralphe SECONDED the motion, which carried unanimously. AGENDA ITEM#2-RETURN TO REGULAR SESSION. Lie Mayor Morgan recessed the executive session and convened the regular session of the Town Council at 6:30 p.m. Following the pledge to the flag and a moment of silence the roll call was taken. ROLL CALL: - Present for the roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Sharon Hutcheson and Councilmembers Leesa Fraverd, John McNeill, John Kavanagh, and Susan Ralphe. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Director of Administration/Town Clerk Cassie Hansen, and Director of Community Development Jeff Valder. Councilmember John Wyman was absent. Mayor Morgan announced that staff had requested that agenda item #3 be removed from the consent agenda in order to allow a Councilmember to declare a conflict of interest. Mayor Morgan read the remaining consent agenda items. AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 15, 19 AND 20,2000. AGENDA ITEM#2- CONSIDERATION OF RENEWING THE LEASE MANAGEMENT AGREEMENT WITH THE FOUNTAIN HILLS CIVIC ASSOCIATION FOR MANAGEMENT SERVICES OF THE COMMUNITY CENTER FOR FISCAL YEAR 2000/2001 IN THE AMOUNT OF$41,140. AGENDA ITEM #4 - CONSIDERATION OF THE FINAL PLAT FOR THE 13.18± ACRE, 19-LOT, 2- TRACT FIREROCK COUNTRY CLUB PARCEL L-1, LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD, CASE NUMBER S99-043. AGENDA ITEM #5 - CONSIDERATION OF THE FINAL PLAT FOR THE 14.30± ACRE, 10-LOT, 2- TRACT FIREROCK COUNTRY CLUB PARCEL L-3, LOCATED IN THE FIREROCK COUNTRY L. CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD,CASE NUMBER S99-045. AGENDA ITEM #6 - CONSIDERATION OF THE FINAL PLAT FOR THE 6.70± ACRE, 10-LOT, FIREROCK COUNTRY CLUB PARCEL M-1, LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD,CASE NUMBER S99-034. AGENDA ITEM #7— CONSIDERATION OF A LOT JOIN OF LOTS 1, 11, & 12, BLOCK 3, PLAT 102, LOCATED AT THE NORTHWEST CORNER OF PALISADES BOULEVARD AND LA MONTANA DRIVE, CASE NUMBER S2000-004. AGENDA ITEM #8 — CONSIDERATION OF APPROVING A PARTICIPATION AGREEMENT WITH ASLAN I, LLC FOR A FUTURE TRAFFIC SIGNAL INSTALLATION AT PALISADES BOULEVARD AND LA MONTANA DRIVE. AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 2000-31 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE NORTHERLY AND EASTERLY PROPERTY LINES OF PLAT 505-A, BLOCK 5, LOT 26, (15605 N. AUDUBON PLACE) AS RECORDED IN BOOK 158 OF MAPS, PAGE 40 RECORDS OF MARICOPA COUNTY,ARIZONA.(PASCO J.BUCCI)EA00-18. AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 2000-32 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE EASTERLY AND SOUTHERLY PROPERTY LINES OF PLAT 104,BLOCK 3,LOT 1,(16242 E.ASHBROOK DRIVE) AS RECORDED IN BOOK 139 OF MAPS,PAGE 32 RECORDS OF MARICOPA COUNTY, ARIZONA. (REILLY PREFERRED BUILDING GROUP, LLC) EA00-19 AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 2000-33 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE SOUTHERLY AND EASTERLY PROPERTY LINES OF LOT 30, BLOCK 1, PLAT 505-C, (16818 STONERIDGE COURT) AS RECORDED IN BOOK 158 OF MAPS, PAGE 42 RECORDS OF MARICOPA COUNTY,ARIZONA.(BROCK LAFFOON) EA00-20 AGENDA ITEM #12 - CONSIDERATION OF RESOLUTION 2000-34 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE WEST/EAST COMMON PROPERTY LINE OF PLAT 102, BLOCK 3, LOTS 9 & 10, (16726 & 16734 LA MONTANA DRIVE) AS RECORDED IN BOOK 142 OF MAPS, PAGE 12 RECORDS OF MARICOPA COUNTY, ARIZONA (DAVID VIDALIN, WESTBY TOWERS,LTD) EA00-21 AGENDA ITEM #13 - CONSIDERATION OF RESOLUTION 2000-35 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN A CERTAIN EXISTING DRAINAGE EASEMENT LOCATED ALONG THE NORTHEASTERLY PART OF LOT 28, PARCEL "D", (FIRERIDGE TRAIL, FIREROCK) AS RECORDED IN BOOK 503 OR MAPS, PAGE 20 RECORDS OF MARICOPA COUNTY,ARIZONA (ROB WINK,WASHBURN-WINK COMPANIES)EA00-22 AGENDA ITEM #14 - CONSIDERATION OF RESOLUTION 2000-36 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE SOUTHWESTERLY PROPERTY LINE OF PLAT 605-C, BLOCK 4, LOT 3, (11238 N. PINTO DRIVE) AS RECORDED IN BOOK 164 OF MAPS, PAGE 14 RECORDS OF MARICOPA COUNTY,ARIZONA.(JEFF GILLE & HEATHER MAGILL)EA00-23 Councilwoman Fraverd MOVED to approve the Consent Agenda as read. Councilman McNeill SECONDED the motion. Town Council Regular and Executive Session 7/06/00 Page 2of1. A roll call vote was taken with the following results. Councilman McNeill - aye Councilwoman Hutcheson- aye Councilwoman Fraverd - aye Councilman Kavanagh- aye Councilwoman Ralphe— aye Mayor Morgan - aye The motion CARRIED unanimously(6-0)with a roll call vote. AGENDA ITEM #3 - CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE 2-UNIT GALATEA CONDOMINIUMS,LOCATED AT 14214 GALATEA DRIVE,CASE NUMBER S2000-025. Councilwoman Fraverd recused herself from the vote due to a conflict of interest. Vice Mayor Hutcheson MOVED and Councilman McNeill SECONDED the motion, which CARRIED unanimously (5-0). AGENDA ITEM #15 - UPDATE BY DON PARK FROM PARSONS BRINKERHOFF, PROJECT MANAGER FOR THE SHEA BOULEVARD WIDENING PROJECT WITH MCDOT SCHEDULED TO BEGIN IN JULY. Mr. Park said he was a consulting engineer with Parsons Brinkerhoff who was under contract with the County to manage the Shea Boulevard widening project. He explained that the widening of Shea was two projects: The east segment began at state route 87 and extends west about 1500 feet;the west segment began at Palisades continuing on to the Scottsdale city limits. He stated that the contractor,Hunter Contracting, was scheduled to begin July 12 and to last 150 calendar days. He stated that would place the completion date at December 7th. He acknowledged that the contractor stated they felt the work could be completed in 90 days. He pointed out that the contractor was required to irkii,, have a public relations firm to closely monitor citizens' concerns and complaints that may arise. He said the firm chosen was Arizona Construction Services. He said Terry Smith headed that firm and he had worked with her before. He said the first step was to hold a public meeting at the Scottsdale Courtyard by Marriot from 5 p.m. —7 p.m. on July 10t. He stated that the inconvenience would be kept at a minimum. Councilman Kavanagh asked if there would be one lane kept open in each direction at all times. Mr. Park replied yes. AGENDA ITEM #16 - CONSIDERATION OF THE ADOPTION OF THE TENTATIVE BUDGET FOR THE FISCAL YEAR 2000-2001 WITH APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENT IN ACCORDANCE WITH STATE LAW. THE COUNCIL MAY ADDRESS ANY OR ALL ITEMS CONTAINED IN THE BUDGET DOCUMENT, INITIATING ANY SUGGESTED CHANGES PRIOR TO ADOPTION. STAFF IS REQUESTING THAT APPROVAL SPECIFICALLY INCLUDE TWO BUILDING EXPANSION/IMPROVEMENT RELATED ITEMS INCLUDING $50,000 FOR A XEROX COPY MACHINE FOR BUILDING A AND $29,800 FOR ADDITIONS TO THE CONTROL ACCESS SYSTEM FOR TOWN HALL,BUILDINGS A,B AND C. Mr. Nordin stated that this was the next step in the annual budget adoption process. He acknowledged that after this approval, and a statutorily required posting period, a public hearing would be called at the August 3'd Council meeting. At that meeting, the Council would then adopt the final budget and the date for the property tax levy adoption would also be set. He said the property tax levy would be only for the bond issues that were outstanding. He said the date for that meeting would be August 15t'. He said that would conclude the budget adoption process. He pointed out that tonight's agenda item was only for tentative approval and that the new pages included in the packet materials reflected the changes which were made as a result of the budget session recently held. He said the Council would be voting on the budget document as presented with those changes made. He said there were several specific building budget items that the Council was being asked to favorably approve,which were being called out in Town Council Regular and Executive Session 7/06/00 Page3ci 14 this agenda item. He stated that the only other item he asked the Council to consider under this item was the proposal to add a secretarial position to the Community Development/Building Safety Department to take care of 60. receptionist responsibilities and additional counter work. He said several Council members had asked staff to look at the situation. If the Council approved the tentative budget, he would also encourage the Council to approve this position as well. He proposed that if the position were approved, staff would then go through the normal hiring process for that position. He said the Council would not see anyone in that position for a few months. He asked Director Valder and Mr. Ward to address the Council. Director Valder said that he and Mr. Ward had reviewed the needs of the office. They were interested in how that office would work after the Administration staff moved to the building next door. He explained they were requesting the addition of a part-time position for the purpose of administrative functions for everyone in Building C. Once the Administration staff had moved, the front receptionist, now located in Building C, would not be there. They felt it was important to have some consistent presence at the front entry. They proposed the new person would be stationed at an extended counter, which would replace the current wall. The responsibilities of the part-time person would be to greet people and perform a full load of various administrative tasks. He said it would be a 30-hour part-time position. During the hours when that person was not working (2—3 hour per day) he and Mr. Ward would rotate their existing staff for coverage. He asked the Council for their approval. Mr. Nordin said that a motion was needed to adopt the tentative budget as presented with the inclusion of the part- time position described by Director Valder. Councilwoman Fraverd MOVED to adopt the tentative budget with the inclusion of the equipment and the additional part-time position as presented and Vice Mayor Hutcheson SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#17- CONSIDERATION OF RESOLUTION 2000-38 AMENDING THE EMPLOYMENT POLICY FOR THE TOWN OF FOUNTAIN HILLS BY CHANGING THE VACATION ACCRUAL. Mr. Nordin reminded the Council that this item had been presented during the budget sessions and the formal resolution was now being presented for the Council's consideration. If passed, it would amend the current personnel policy and regulation regarding leave issues. It would allow for a reduction in the amount of leave that the employee could take at one time from four hours to two hours and an additional accrual step between the years 3 and 10 for the town employees. He said staff recommended approval. Councilman Kavanagh MOVED to approve Resolution 2000-38 as presented and Councilwoman Ralphe SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #18 - CONSIDERATION OF RENEWING THE CONTRACT WITH COMMERCIAL LITHOGRAPHERS IN THE AMOUNT OF$38,675.08 TO PRINT SIX ISSUES OF THE COMPASS AND 12 ISSUES OF THE JUST 4 TEENS NEWSLETTERS DURING FISCAL YEAR 2000-2001. Deputy Director Bryan Hughes stated Parks and Recreation was responsible for publication of the Compass and Just for Teens Newsletter. He explained that the Compass would be increasing from eight to twelve pages, would be printed in full color, and the number of copies being distributed would increase from 9200 to 9600 to accommodate any new residents moving to the area. He said the Just for Teens Newsletter would also be expanding from two pages to four pages. This was a monthly publication that was distributed through the school as well as to those on a direct mailing list. He interjected that this company had been the printer for the last few years and staff had been happy with them. He said staff recommended that the Council approve the renewal of this contract. Councilwoman Fraverd MOVED to approve the contract with Commercial Lithographers in the amount of $38,675.08 as presented and Vice Mayor Hutcheson SECONDED the motion. Town Council Regular and Executive Session 7/06/00 Pig Aer'14 Mayor Morgan asked that the Compass be more than a program directory for Parks and Recreation by including more information from each department. She suggested each department head could contribute at least one paragraph. Mr. Hughes explained that Parks and Recreation Department tried to solicit articles from each department as well as other agencies within the Town in order to include as much town information as possible. He asked the Council to remember that the Compass Newsletter was the main source of advertising for the Parks and Recreation programs. He hoped to be able to include all the information, perhaps a 50/50 split, since the newsletter would now be twelve pages. He noted that they would make more effort to include more information. Mayor Morgan stated that although the Parks and Recreation program schedules were important, she felt more citizens would read the newsletter if it contained more than just that. The motion CARRIED unanimously. AGENDA ITEM #19 - CONSIDERATION OF AWARDING THE BID TO CHAPARRAL CONSTRUCTION IN THE AMOUNT OF $701,800 FOR FOUNTAIN PARK PHASE I IMPROVEMENTS IN FOUNTAIN PARK. Mr. Hughes reminded the Council that this project had been bid unsuccessfully twice before. The last time the project had been scaled back to try to meet the project budget. He felt they had been successful this time. He noted the Town would be receiving $700,000 from the Heritage Grant that was awarded in December of 1998, which covered all but a small portion of the costs. He said staff recommended approval. Councilman McNeill MOVED to award the bid to Chaparral Construction in the amount of $701,800 as presented. Vice Mayor Hutcheson SECONDED the motion. Mr. Nordin explained that the Town's budget numbers were close. Therefore, he asked the council to include an addition to the motion that would allow staff to delete one or more of the alternates in the bid if there were unforeseen overages in the project. Mayor Morgan asked for a vote on this item, which would include approval of the additional comment just made by Mr. Nordin. The motion CARRIED unanimously. AGENDA ITEM #20 - CONSIDERATION OF RESOLUTION 2000-29 DECLARING A PUBLIC NEED AND NECESSITY AND A PUBLIC PURPOSE; AUTHORIZING AND DIRECTING THE TOWN MANAGER, TOWN ATTORNEY AND TOWN CLERK TO TAKE ANY AND ALL ACTION NECESSARY AND TO SIGN ANY AND ALL DOCUMENTS, AND TO PAY ANY AND ALL COSTS OR FEES IN ORDER TO ACQUIRE REAL AND/OR PERSONAL PROPERTY THROUGH GIFT, PURCHASE, OR EMINENT DOMAIN; IDENTIFYING THE REAL AND PERSONAL PROPERTY AS OPEN SPACE OR OPEN AREAS;AND DECLARING AN EMERGENCY. Mr.Farrell stated this was the third,and he assumed final,acquisition of real property. He reminded them that a year ago the Council had adopted the McDowell Mountain Preservation Commission's (MMPC)parcel recommendation which would be included in the Fountain Hills McDowell Mountain Preserve along with the 386 acres already owned and had been transferred into the Preserve. He explained that the Town had first acquired the authority to acquire an 18-acre parcel that connected to the currently owned 386-acres. Approximately six months later the Council had authorized the acquisition of the 190-acre parcel (Parcel #2) in the northern portion, which bordered between Fountain Hills and Scottsdale. He said the remaining nine parcels consisted of seven parcels and two road right-of-ways. He acknowledged that this resolution would authorize the Town Manager, Attorney and Clerk to do all acts and to expend funds necessary to acquire the remaining seven parcels of property. It would bring the total amount of the taking to 452-acres,which was the amount recommended by the MMPC and approved by the Council. He noted the resolution would allow the property to be acquired by purchase, gift, or eminent domain. He summarized that acquiring the land through gift would be the most advantageous but was highly unlikely. He said staff had held discussions regarding acquisition through purchase and that these discussions were ongoing. He stated that staff would prepare the necessary papers if the resolution passed to add the final parcel in three configurations to Town Council Regular and Executive Session 7/06/00 Page 5 of 14 the current eminent domain lawsuit. He said the Town was most likely to amend the complaint to include a northern parcel and then two southern parcels, which consisted of 244-acres for a total of 452-acres. He illustrated where these areas were on a map displayed. Councilwoman Ralph MOVED to approve Resolution 2000-29 as presented and Councilwoman Fraverd SECONDED the motion. Councilman Kavanagh said his major concern with regard to condemnation was it would force the Town to make the purchase. He was assured by the Town Attorney that what this action did was to guarantee a look at a price that might be decided by a jury without obligation to buy if too high. Councilman Kavanagh expressed concern that this was an all or nothing taking. In talking with the Town Attorney he was again assured that by the splitting the southern section into two areas,the land would be priced separately by a jury. If the land became too expensive the Town would have the option of removing the last three southern sites, which had been labeled by the MMPC as the lowest of the three priorities. He said this was consistent with the MMPC's recommendation and gave the Town added flexibility. Because of the flexibility that this action did not bind the Town to make the purchase, he felt this was a good motion. Councilwoman Ralphe said this was a win-win-win for the people. She acknowledged that the people would get the mountain preservation that they had voted for in a recent election and town management said could be easily afforded. The people would be assured that MCO's subdivisions would be built in accordance with Town ordinances and not according to a give away or negotiated agreement. Open spaces in mountains would make Fountain Hills even more attractive to new businesses and families,which should cause real estate prices to go up. Roy Kinsey,Chairman of the McDowell Mountain Preservation Commission; 17212 Fairway He said many people had been working on this for a long time. He encouraged the Council and thanked them if they considered this as a positive step. He did and he was speaking for the MMPC. George Post, 17014 Rand He objected to giving authority to anyone to pay any and all costs to acquire real property. He felt everyone should know the cost and the public should approve the costs and should go to a vote. The motion CARRIED unanimously. AGENDA ITEM#21 - CONSIDERATION OF RESOLUTION 2000-37 DECLARING PUBLIC NEED AND NECESSITY PURSUANT TO A.R.S. § 12-1111, ET.SEQ. FOR THE ACQUISITION BY GIFT, PURCHASE, OR EMINENT DOMAIN OF CERTAIN REAL PROPERTY FOR THE PURPOSE OF A PUBLIC ROAD AND PUBLIC RIGHT-OF-WAY;AND DECLARING AN EMERGENCY. Mr. Farrell illustrated by map the area discussed. He said this was a more traditional use of eminent domain if necessary, although gift and purchase, especially gift, were primarily applicable. The property being discussed was the roadway that commences at the southern portion of the subdivision and to take it to#1 or the proposed trailhead site. This would be an eminent domain action, if necessary, that would buy a public road right-of-way that would assure that the Town had access to the 386-acre parcel and to the rest of the property if acquired. If all the property were not to be acquired, this would assure the citizens would have a public road to access that which was already owned and that would be acquired through the condemnation. The total area of the property was estimated to be 10- acres in size and would come without any paving. He said there was an excellent opportunity that in negotiations with MCO Properties that land would be donated and improved as part of their subdivision. If those negotiations did not come to fruition,the Town would have the ability to obtain the necessary public road. Councilman McNeill MOVED to approve Resolution 2000-37 as presented and Councilwoman Fraverd SECONDED the motion. Town Council Regular and Executive Session 7/06/00 Page 6 of 14 Councilman McNeill said the prior resolution would help the Town realize the preserve recommendation that the MMPC had given to the Council through their many months of hard work. He said it was hard to say this resolution was more important but in a sense it was because this road right-of-way was essential to assure that the citizens have reasonable access to the preserve. He said the preserve could not be a taxpayer's subsidized private preserve for the use of the homeowners of the mountain subdivisions that would be eventually built there. There was a need for a central trailhead that was accessed by a public road and this resolution would accomplish that purpose. The motion CARRIED unanimously. AGENDA ITEM #22 — UPDATE BY MCO CONSULTANT JERRY MILES ON THE MCDOWELL MOUNTAIN NEGOTIATIONS. Mayor Morgan announced that late in the afternoon she had received word that Mr. Miles would not be addressing the Council. She proceeded with the next agenda item. AGENDA ITEM #23 - CONSIDERATION OF ORDINANCE 00-12 RELATING TO THE PRIVILEGE LICENSE TAX; AMENDING THE TOWN TAX CODE BY INCREASING THE RATE OF TAXATION FROM ONE AND TWO-TENTHS PERCENT(1.2%)TO PERCENT( %); PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR SEVERABILITY; DESIGNATING AN EFFECTIVE DATE AND PROVIDING FOR APPLICATION OF TAX TO CERTAIN CONTRACTS. Mr. Nordin said to approve the additional purchase of the McDowell Mountain property that Mr. Farrell had just described he requested that the Council consider where the Town would need to find the additional funding necessary to make the purchase. He stated there were two traditional mechanisms: • The Town Council has the authority to impose a local sales tax • The Town Council can ask the voters to approve a general obligation property tax bond for the fir► acquisition of property Mr. Nordin said that if the Council was inclined to impose or increase the present level of sales tax, there were several analyses that could be presented. If the Council wanted to favorably consider the property tax method, then direction would need to be given to staff to present at a later Council meeting to call that election. He reiterated for the benefit of the public, that if the Council wished to impose or increase the sales tax, as a general law town the Fountain Hills Town Council did not have the authority to have that voted on by the citizens. The increase in taxation in sales tax was a power reserved for the elected mayors and councils of general law towns and cities. He acknowledged that this power rested with the Fountain Hills Town Council alone. He said staff would bring back to the Council whatever requests were made for consideration. He said there was no pubic hearing requirement for an increase in sales tax but the Council may want to voluntarily call such a public hearing for a subsequent Council meeting. He said that was an example of the direction the Council could give him tonight. He asked the Council what questions could be answered or how the Council would like to proceed. Councilman McNeill MOVED that the Town Manager be directed to place this item on the August 3rd Town Council agenda for further discussion and a public hearing on a proposed increase in the local sales tax from 1.2% to either 1.5% or 1.6% or 1.7% for the purposes of financing the additional McDowell Mountain acquisitions, Town Center construction and maintenance, and other potential purpose such as the construction of a local youth center. Councilwoman Fraverd SECONDED the motion. Councilman Kavanagh AMENDED the motion to direct staff to also investigate the use general obligation bonds as a possible financing mechanism and Vice Mayor Hutcheson SECONDED the motion. Town Council Regular and Executive Session 7/06/00 Page 7 ul 14 Councilwoman Ralphe AMENDED the amendment to designate an amount that would be used for mountain preservation with an additional secondary and smaller amount for the Town Center but for no other purposes. No SECOND-Amendment failed. Le, Vice Mayor Hutcheson asked for clarification that further discussion of the proposed second amendment would not be precluded at the August ri meeting. Mr. Nordin said that was correct. He said that if the Council were to approve an increase in the local sales tax rate, the Council would have the ability to designate not only where the money would be spent, but also at what amounts. He said that could be done at any time and was an accounting matter and staff would take direction from the Council. Councilman Kavanagh felt that if was important that both mechanisms were explored. He noted that the packet material had only included information on a sales tax increase. He did not feel the Council should rule out any possible financing techniques, although the principal one would be the G.O. bonds. He acknowledged he had lengthy comments and questions concerning the wisdom of sales tax versus the general obligation bonds. He would rather give this direction to staff so that they can incorporate answers or opinions to them for presentation at the next meeting. He noted that this could only happen if his amendment passed, otherwise he felt he would have to have those lengthy discussions tonight, which he did not feel would be fruitful. He asked for the Council's consideration in the interest of free and open discussions and public input that his amendment would pass so all issues could be addressed at the August 3'd meeting. Councilman McNeill stated he had no objection to Councilman Kavanagh's amendment. Councilwoman Fraverd said that during the recent election she felt she had heard from the public and that they were not in favor of raising property taxes. But in the interest of opening public discussions, if the public wanted to come forward to ask the Council to raise their taxes instead on increasing the local sales tax,she would support that as far as discussions go. Mayor Morgan called for a vote on the amendment. The amended motion CARRIED unanimously. George Post, 17014 Rand He asked what happened to the study of implementing impact fees. He asked the Council to repeal the sales tax of food and add sales tax on real estate. Mayor Morgan called for a vote on the motion as stated. The original motion as amended CARRIED unanimously. AGENDA ITEM #24 - CONSIDERATION OF RESOLUTION 2000-30 AMENDING RESOLUTION 1999- 24 BY EXTENDING THE COMPLIANCE DATE FOR AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SCOTTSDALE; AND DECLARING AN EMERGENCY. Mr. Farrell said this IGA with the City of Scottsdale and the Town of Guadalupe concerned the Los Arcos Multi- Purpose Facilities District. Mr. Farrell gave a brief history of events. He said there were four conditions in the original resolution that were to be met on or before August 1,2000,in order for the Town of Fountain Hills to remain a member of Los Arcos Multi-Purpose Facilities District. He explained that three of those conditions had been met and the fourth had not. The fourth condition was a separate inter governmental agreement with the City of Scottsdale that would provide reimbursement for the costs incurred with the election and indemnification in case of litigation. He said the Town had been quickly reimbursed for all of the costs concerned. However the IGA had not yet been executed by the City of Scottsdale and would not be on their agenda in the month of August. Since the Town had been a willing participant from the beginning, he had indicated to the City of Scottsdale that he would ask the Council to look with favor upon a resolution, which would extend their deadline until December. This action would give the City of Scottsdale the ability to deal with the IGA in August, September, or October. He said an almost identical resolution would come before the Town of Guadalupe Council on July 13t. He stated that Guadalupe would be looking to Fountain Hills for some leadership on this. He summarized that if the Town of Fountain Hills approved this resolution that the Town of Guadalupe would also extend their deadline with the City of Scottsdale on this last item until December. He said the Town's participation was very limited. He stated that the Town had Town Council Regular and Executive Session 7/06/00 Page 8 of 14 appointed two members to the district who were active participants in the governing of the district. He acknowledged that the resolution contained the emergency clause so that the resolution could become effective 1/4161, before August 1,2000. Vice Mayor Hutcheson MOVED to approve Resolution 2000-30 as presented and Councilwoman Fraverd SECONDED the motion. Councilman Kavanagh asked if the Council voted no on this would the Town be out of this agreement and thus get nothing. Mr. Farrell responded that the district had been formed by a vote of the people in the three communities. The district would remain a title 48 taxing district, much like a community facilities district or a fire district. If the council voted no and the agreement lapsed, that action would jeopardize bond sales by that district and would clearly be a sign to the Ellman Company that the Town of Fountain Hills was no longer interested in participating in the project. Councilman Kavanagh asked if the delay in the over all procedure was due to the failure of Scottsdale and the Ellman Company to arrive at final terms. Mr. Farrell said yes. Councilman McNeill questioned if the IGA with Scottsdale would establish the criteria under which the Town of Fountain Hills would receive the million dollars that had been promised for participating. Mr. Farrell answered no, that this was the lawyering bill within the IGA. He said that this would assure Fountain Hills that Scottsdale would indemnify if Fountain Hills were to be named in a lawsuit and that the Scottsdale's attorneys would defend Fountain Hills. The motion CARRIED unanimously. AGENDA ITEM #25 - CONSIDERATION OF RESOLUTION 2000-28, PURSUANT TO ARIZONA REVISED STATUTES SECTION 9-232.02 AND TOWN CODE SECTION 2-1-5, ESTABLISHING A SALARY OF$400 PER MONTH FOR COUNCIL MEMBERS AND ESTABLISHING A SALARY OF$600 PER MONTH FOR THE MAYOR. Mr. Nordin said this resolution had been prepared pursuant to the recently held budget sessions. If the Council wanted to implement that which was recommended in the budget this resolution was necessary. If passed, it would raise the Council's salary to $400 per month and the Mayor's salary to $600 per month. He said the analysis of appropriate salary compensation for the Mayor or Council had been originated or initiated through an independent study,which had been contracted for by the Town through David Nash and Associates. Councilwoman Fraverd MOVED to approve Resolution 2000-28 as presented and Vice Mayor Hutcheson SECONDED the motion. Councilwoman Ralphe said she was convinced by the research that these amounts were appropriate although she had concerns about voting for a pay increase for herself. Councilwoman Ralphe AMENDED the motion request that staff look into the possibility of devising a system whereby one Council in the future would approve raises for the next Council,rather than increasing salaries after being in office only a month. Mr. Farrell gave Councilwoman Ralphe a brief history of this issue. He explained that the program that she was advocating had been the law in the State of Arizona for a number of years, which prohibited elected officials from raising their salaries while they were in office. He said those cases were defended whenever an attempt was made by officials to increase their salaries. As time evolved and citizen participation in government made heavier demands on these individuals' time, it became harder to figure out exactly when the right time was to give a raise to someone who was in office. How it would be computed so as to be fair and equitable also had to be considered. He said the legislature along with the courts evolved a very effective policy, which was now in place. The whole concept behind this procedure was to trust the elected officials to set their salaries at a reasonable rate. He said the electorate always had the choice to rebuke those who exceed their powers in setting it. The legislature said it was Town Council Regular and Executive Session 7/06/00 P2gcnot ;4 neither a conflict of interest nor an absence of public policy to do this evenly and across the board, otherwise a class system would be created because there was no way to encumber a future Council with that obligation. Thus, L varying classes would be created with some Councilmembers being paid $500 and some paid $400. Mr. Farrell `�"• said the courts and legislature evolved the process now before the Council so that the system remains fair and there aren't any judges or legislatures sitting in the same position and making more money than one another. Mr. Farrell stated he would like to be able to tell the Council he could fashion such a policy as requested by Councilwoman Ralphe. But all the case law and all the statutes now in place were in reverse. Now the increases start at the same time for everyone on the Council and ends when they go off the Council. He said to give the Council that type of a policy would be difficult from a budget standpoint and from a legal standpoint. After the explanation from the Mr.Farrell, Councilwoman Ralphe withdrew her amendment. Councilman Kavanagh said he was also uncomfortable with voting himself a raise although he did not think the raise was out of order. He stated he would have probably picked a lesser amount. He said his major concern and the reason he was going to vote against the motion was that he felt uncomfortable with the suddenness of the raise. He did not like the message that was sent when the Council had a raise of 331/3% in one year versus a 4.25% increase for employees in one year. He said timing was the issue and he would have liked to have seen the raise spread over a period of time. He hoped that the Council now would look at pay increases for themselves annually when reviewing pay increases for their employees. Mayor Morgan disagreed and said that if you took the number of years that the Council's pay had remained the same and multiplied that by the 4.25% increase projected for staff it was the same. So instead of received a small raise over the years the Council was now on target right now with the increases that the staff has received. She said she would be voting for this. Councilman McNeill agreed with Councilman Kavanagh that the Council should not allow this to happen. He said that $300 salary was the stipend that had been established back in 1992 and there hadn't been any raise since that time. He said he felt the increase was reasonable and he would support it. Councilwoman Fraverd said she would also be supporting it. She saw this salary as a stipend and did not see it anywhere near the hourly wages that she made professionally even with the proposed increase. She said the Council salary was very low to start with and the proposed small increase was certainly justified. George Post, 17014 Rand He was against the increase and said the issue should be put on the November ballot. The motion CARRIED on a 5— 1 vote with Councilman Kavanagh casing the nay vote. AGENDA ITEM#26 - CONSIDERATION OF AWARDING THE BID FOR SEDIMENT REMOVAL AT FOUNTAIN LAKE. TO HUNTER CONTRACTING IN THE AMOUNT OF$189,689. Mr. Nordin said bids were received July 5, 2000 for the lake sediment removal portion of the Fountain Lake project. He said this was the last major piece of work that needed to be bid. He said staff had wanted to wait and not include this project with the $1.3 project recently awarded. At that time, when that bid was going out for the liner replacement, the lake was not down sufficiently. It was decided it was best to wait until the lake was drained more so that the contractors bidding on the project would actually be able to go into the lake and see how much sediment there was for a more accurate bid. The low bidder was Hunter Contracting Company in the amount $189,689. He said staff recommended awarding the bid to Hunter Contracting. He said the bid was approximately $363 dollars over the engineers' estimate but well within the budgeted allocation for this.project. Councilman Kavanagh MOVED to award the bid to Hunter Contracting in the amount of$189,689 as presented and Councilwoman Ralphe SECONDED the motion, which CARRIED unanimously. Town Council Regular and Executive Session 7/06/00 Page 10 of 14 AGENDA ITEM #27 - PUBLIC HEARING ON ORDINANCE 00-13 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5, SECTION 5.11.C.8, TO REQUIRE RESTORATION OF GRADED SURFACES PRIOR TO FINAL CERTIFICATE OF OCCUPANCY RATHER THAN 90 DAYS AFTER FINAL CERTIFICATE OF OCCUPANCY, CASE NUMBER Z2000-07. Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 7:52 Director Valder said the Planning and Zoning Commission initiated this text amendment that would help staff in taking care of one of the problems encountered throughout the Town over the years. Currently in place there were regulations that require landscaping and revegetation to portions of a lot but the requirement was that the revegetation need not occur until after a certificate of occupancy had been issued for the house. He said there were many instances where a sewer line had been installed within a wash, which connected to the house. The large strip of land connecting the house to the sewer line had not been revegetated and those strips were an eye sore. At the direction of the Planning and Zoning Commission, staff was proposing the revision of some language that would require revegetation be completed prior to the certificate of occupancy being issued. He explained that once the certificate of occupancy was issued staff did not return to the site because the project was complete in staffs eyes. By having the homeowners revegetate those disturbed strips of land prior to the occupancy being issued, staff could ensure that the revegetation would get done. Mayor Morgan asked if staff was looking for revegetation as full growth plants. Director Valder stated the revegetation requirement would be that the plants would have to be planted. Depending upon the type of revegetation, staff would likely require an above ground watering system to enable the plants to establish themselves. Once the plants were established, the homeowners would have complied with the requirement. He said the text change did not require full growth. Councilman McNeill asked if the utility cuts were the primary problem for the Town or was it the recently constructed homes with the bare dirt being left there for long periods of time. He also asked if there were enforcement problems or neighbor complaints involved. Director Valder responded said this was not a requirement for cosmetic landscaping. It was requirement for more intensive revegetation and erosion control work completed with the house construction, which would leave the cosmetic landscaping up to the homeowner and to the HOA to get that part completed. Councilwoman Fraverd asked who would be checking for the completion of the work. Director Valder explained the proposed process. He said when a building permit came in; staff would look at the site plan. He said it would depend upon the type of revegetation that must take place that would determine which department's inspectors would have the responsibility to check for completion. He acknowledged that this portion of enforcement had yet to be discussed with the Engineering staff, Building Safety staff, and the Planning and Zoning staff to devise a system that would work. Mayor Morgan reconvened the regular session at 7:59 p.m. AGENDA ITEM #28 - CONSIDERATION OF ORDINANCE 00-13 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5, SECTION 5.11.C.8, TO REQUIRE RESTORATION OF GRADED SURFACES PRIOR TO FINAL CERTIFICATE OF OCCUPANCY RATHER THAN 90 DAYS AFTER FINAL CERTIFICATE OF OCCUPANCY, CASE NUMBER Z2000-07 Councilwoman Fraverd MOVED to approve Ordinance 00-13 as presented and Councilwoman Ralphe SECONDED the motion, which CARRIED unanimously. L Town Council Regular and Executive Session 7/06/00 Page 11 of 14 AGENDA ITEM #29 - PUBLIC HEARING ON ORDINANCE 00-14 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS,CHAPTER 2,TO REQUIRE PLANNING AND ZONING COMMISSION REVIEW AND APPROVAL OF A CONCEPT PLAN FOR ALL NON- RESIDENTIAL DEVELOPMENTS AND MULTI-FAMILY DEVELOPMENTS HAVING FIVE OR MORE DWELLING UNITS PRIOR TO BUILDING PERMIT APPROVAL, CASE NUMBER Z2000-05. Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 8:00 p.m. Director Valder stated that over the last few years many of the Planning and Zoning Commissioners have felt caught between a rock and a hard place in terms about when the public asks for a condominium plat approval on a multi-family project. Sometimes they expect that the project had not been started yet and they have some ability to ask questions of the applicant and possibly suggest changes to the project. More often the project had received the approval of a building permit and the project was already under construction, thus any suggestions made would not matter. Director Valder stated there was also a voiced interest in having the Planning and Zoning Commission have the ability to review non-residential projects that would otherwise be permitted administratively through staff. He said some of these projects could be quite large. He said right now in some of the industrial zoning districts there was a requirement in the code that the Town Council approve the site plan prior to the issuance of the building permit. The ordinance being proposed piggybacks off that concept and would provide the Planning and Zoning Commission and the Town Council the ability to review the conceptual plan for multi-family projects having greater than five units in all non-residential projects. He said the idea would be to have the Planning and Zoning Commission review the conceptual plan only under the same standards that staff would review the plan for administrative approval. The Planning and Zoning Commission wanted to have the ability to suggest changes and to get an understanding of what larger projects would look like prior to their construction. Director Valder acknowledged that this would mean added staff time because every one of the projects would at least have to come before the Planning and Zoning Commission. He said the Planning and Zoning Commission would have to approve the conceptual site plan. He explained that if that happened,the plan would not have come before the Council for approval. But, if the Planning and Zoning Commission said no to the conceptual site plan, then the property owner would have the ability to appeal their decision to the Town Council. He said the Planning and Zoning Commission knew reviewing these site plans would take additional time that they were willing to give. He wanted the Council to be aware it might also require additional time from the Council and he did not know if the Council was willing to devote additional time to such review. Councilman Kavanagh asked Director Valder to explain the existing process in terms of what Planning sees and how this would change both in terms of content of what they see and the timeline. Director Valder pointed out that both the Planning and Zoning Commission and the Town Council see a lot of projects, such as a rezoning, a general plan amendment, special use permits application and perhaps a conceptual plan on a replat. He said that if one of those permits or approvals weren't necessary, the property owner would simply apply for a building permit, staff would review it and staff would approve it once all Town regulations were met. He said there was no time or point in that process where the Planning and Zoning Commission or the Town Council would see it until it was built. Councilman Kavanagh asked how many plans the Planning and Zoning Commission could expect to see. Director Valder estimated that the Commission would see between 1 —3 every time they met. He reviewed that the only time that the Council would see the conceptual plan would be if the plan failed to get through the Planning and Zoning Commission. Councilman Kavanagh inquired if the Commission felt that this would over burden them. Director Valder said it would depend on how much time the Commission spent on them. He explained that most of the time would be spent at staff level preparing a staff report for each one. Councilman Kavanagh inquired if kome staff would be over burdened. Director Valder suggested that staff might save time by not producing the usual thorough staff report and prepare a couple of paragraphs in memo format to attach to the plans for the Commission's review and let the Commission give staff their input. Councilman Kavanagh asked if this was Town Council Regular and Executive Session 7/06/00 Page 12 of 1; doable with current staff without incurring overtime or hiring new people. Director Valder stated they were all on salary. Mayor Morgan asked what additional time would this add to the builders' and developers' wait time. Director Valder said hopefully none. He said the property owner could submit a conceptual site plan whenever they wanted to. It would only need to be approved prior to the Town issuing the permit. He felt they would either come in prior to applying for a building permit when their plans were very conceptual or maybe after they had applied for the permit. Staff would put it on the next Planning and Zoning Commission meeting. He stated that typically for these larger projects, it would vary between a four to eight week process to get their approvals. It would simply be a matter of the property giving the town extra copies of their site plans and their floor plans so that they could be distributed to the Planning and Zoning Commission. He saw the process running concurrently with their permit application for a building permit. Mayor Morgan said she did not agree. She had heard comments from some who did not feel the Town had a good track record with turning plans around. Director Valder suggested that staff could try this for a couple of months and if it was found to place to great a burden on staff,the Commission,and the Council, the ordinance could always be repealed by direction from the Council. Councilman McNeill asked if the Planning and Zoning Commission unanimously recommended this. Director Valder said he did not recall the vote. Councilman McNeill acknowledged concerns about staff time and the potential effect on developers but he said he saw some benefits in this review process. Councilman McNeill suggested that Director Valder report back to the Council in six to nine months to let the Council know how the procedure was working, how it was impacting staffs time, and if there had been any impact on the review process for the developer as well. Councilman McNeill stated that then the Council could take any necessary action. Mike Downs, 16616 E. Palisades(Planning and Zoning Commissioner) He reiterated that the Commission was merely trying make their comments on the conceptual plan in order to make any suggestions and corrections at the beginning the project. He said the Planning and Zoning Commission wanted to get more involved in the planning. Mayor Morgan reconvened the regular session at 8:15 p.m. AGENDA ITEM #30 - CONSIDERATION OF ORDINANCE 00-14 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 2,TO REQUIRE PLANNING AND ZONING COMMISSION REVIEW AND APPROVAL OF CONCEPT PLANS FOR ALL NON- RESIDENTIAL DEVELOPMENTS AND MULTI-FAMILY DEVELOPMENTS HAVING FIVE OR MORE DWELLING UNITS PRIOR TO BUILDING PERMIT APPROVAL, CASE NUMBER Z2000-05. Councilwoman Fraverd MOVED to approve Ordinance 00-14 as presented and Councilman McNeill SECONDED the motion. Councilwoman Fraverd said that when she was serving on the Planning and Zoning Commission, the Commission had frequently been frustrated by plans that they were forced to review that needed some significant changes or minor tweaking. She felt this ordinance would go a long way towards getting better quality and more appropriately positioned plans on the commercial plans, mostly on multi-family sites, which had been frustrating. Councilwoman Fraverd reviewed that this did not pass the Planning and Zoning Commission unanimously but she was not sure of the vote. She supported this amendment. She acknowledged that this procedure would take the developers a little time to get used to but she felt they would be OK with this extra step. She agreed with asking staff to report back to the Council in six to nine months. She felt the Town would definitely benefit from this amendment. Vice Mayor Hutcheson recalled her times on the Planning and Zoning Commission where the developer would have been grateful had there been an opportunity for input at an early stage. Town Council Regular and Executive Session 7/06/00 Page 13 c f' ' Councilwoman Fraverd requested that staff let the major builders and developers know about this procedure as soon as possible rather than letting them find out about it when they came to the counter for their permit. Director Valder assured the Council it would be advertised. The motion CARRIED unanimously. AGENDA ITEM#31 - CALL TO THE PUBLIC. No one came forward. AGENDA ITEM#32-ADJOURNMENT. Vice Mayor Hutcheson MOVED to adjourn the meeting and Councilwoman Fraverd SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 8:21 p.m. TOWN OF FOUNTAIN HILLS B . Sharon Morgan, Ma or / ATTEST: 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 6th day of July 2000. I further certify that the meeting was duly called and that a quorum was present. DATED this 3`d day of August 2000. (AL/14,;(---K-46 Cassie B. Hansen, Director of Administration/Town Clerk c Town Council Regular and Executive Session 7/06/00 agc 14 cd 14