HomeMy WebLinkAbout2001.0315.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
March 15,2001
Mayor Morgan called the regular session of the Town Council to order at 5:30 p.m.
Mayor Morgan MOVED that the Council convene the executive session and Vice Mayor Wyman SECONDED the
motion,which carried unanimously.
AGENDA ITEM#1 PURSUANT TO A.R.S. §38-431.03.A.4, AND A.R.S. §38-431.03.A.3, 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 OR
IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION;
(CONDEMNATION ACTION- TOWN OF FOUNTAIN HILLS V.MCO PROPERTIES; AND TO OBTAIN
ADVICE FROM ITS ATTORNEY REGARDING THE LEGALITY OF THE USE OF DEVELOPMENT
AGREEMENTS FOR SIGNS IN THE PUBLIC RIGHT-OF-WAY(CRESTVIEW);RESPECTIVELY.
AGENDA ITEM#2 RETURN TO REGULAR SESSION
Mayor Morgan recessed the executive session of the Town Council at 6:20 p.m.and convened the regular session of the
Town Council at 6:30 p.m.
Following the pledge to the flag and the invocation by Rev. Mark Lansberry, the roll call was taken.
ROLL CALL -Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon
kiipy Morgan, Vice Mayor John Wyman, and Councilmembers Leesa Fraverd, Sharon Hutcheson, John McNeill, John
Kavanagh, and Susan Ralphe. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town
Engineer Randy Harrel,Interim Town Engineer Tom Ward,Director of Administration Cassie Hansen,and Director of
Community Development Jeff Valder.
Mayor Morgan read the consent agenda items 1 - 13.
AGENDA ITEM#1 CONSIDERATION OF APPROVING THE MEETING MINUTES OF MARCH
1,2001.
AGENDA ITEM#2 CONSIDERATION OF THE EXTENSION OF PREMISES/PATIO PERMIT
APPLICATION SUBMITTED BY KENNETH BOWMAN OF THE AMERICAN LEGION POST 58
LOCATED AT 16850 EAST AVENUE OF THE FOUNTAINS. THE APPLICANT IS ASKING TO
TEMPORARILY EXTEND THEIR"CLUB"LIQUOR LICENSE#14073009 TO AN ENCLOSED PATIO
AREA ADJACENT TO THE FACILITY ON SATURDAY,MARCH 17,2001,FOR ST.PATRICK'S DAY.
AGENDA ITEM#3 CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY
JOSH GRIGGS OF THE PERIMETER BICYCLING ASSOCIATION OF AMERICA FOR THE EL
TOUR DE PHOENIX, A 70 AND 25-MILE CYCLING EVENT TO BE HELD ON APRIL 7, 2001. THE
ANNUAL EVENT, HELD TO RAISE FUNDS FOR THE LEUKEMIA AND LYMPHOMA SOCIETY,
WILL ONLY PASS THROUGH FOUNTAIN HILLS VIA SHEA BOULEVARD. NO STREET
CLOSURES WILL BE REQUIRED.
AGENDA ITEM#4 CONSIDERATION OF AN AMENDED INTERGOVERNMENTAL
AGREEMENT WITH MARICOPA COUNTY LIBRARY DISTRICT FOR EXPANDED LIBRARY
SERVICES IN THE NEW LIBRARY. AFTER THE COUNCIL APPROVED THE IGA ON JANUARY
4, 2001, COUNTY PERSONNEL DISCOVERED THAT A STANDARD SECTION OF THE
Town Council Minutes Regular and Executive Session 3/15/01
Page 1 of 15
DOCUMENT HAD BEEN INADVERTENTLY DELETED AND REQUESTED COUNCIL APPROVAL
OF A CORRECTED VERSION OF THE AGREEMENT.
AGENDA ITEM#5 CONSIDERATION OF AWARDING THE BID TO AJP ELECTRIC, INC. IN
THE AMOUNT OF $57,200 FOR THE EMERGENCY POWER GENERATOR INSTALLATION IN
BUILDING B. THIS INSTALLATION IS THE SECOND AND FINAL PHASE OF THE UPS
(UNINTERRUPTED POWER SUPPLY) INSTALLATION PROJECT REQUIRED TO COMPLETE
BUILDING B'S STATUS AS THE TOWN'S EMERGENCY OPERATION CENTER.
AGENDA ITEM#6 CONSIDERATION OF RESOLUTION 2001-11 ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENT LOCATED ALONG THE NORTHERLY PROPERTY LINE, RETAINING
THE SOUTHERLY 20' OF THE NORTHERLY 10' PUBLIC UTILITY EASEMENT FOR EXISTING
AND POTENTIAL FUTURE UTILITY BOXES, OF PLAT 506-A,BLOCK 3, LOT 29 (15835 EAGLES
NEST DRIVE) AS RECORDED IN BOOK 159 OF MAPS, PAGE 30 RECORDS OF MARICOPA
COUNTY,ARIZONA.(SCOTT RINDAL)EA00-29
AGENDA ITEM#7 CONSIDERATION OF RESOLUTION 2001-12 ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENT LOCATED ALONG THE EASTERLY PROPERTY LINE, RETAINING
THE SOUTHWESTERLY 20' OF THE EASTERLY 10' PUBLIC UTILITY AND DRAINAGE
EASEMENTS FOR EXISTING AND POTENTIAL FUTURE UTILITY BOXES, OF PLAT 212,
BLOCK 14, LOT 23 (14405 DRURY LANE) AS RECORDED IN BOOK 141 OF MAPS, PAGE 17
RECORDS OF MARICOPA COUNTY,ARIZONA. (WILLIAM BARNETT) EA00-36
AGENDA ITEM#8 CONSIDERATION OF RESOLUTION 2001-13 ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENT LOCATED ALONG THE SOUTHERLY PROPERTY LINE, RETAINING
THE SOUTHEASTERLY 20' OF THE SOUTHERLY 10' PUBLIC UTILITY EASEMENT FOR
EXISTING AND ACTIVE SEWERLINE, OF PLAT 212, BLOCK 14, LOT 4 (16227 E. MONTROSE
DRIVE) AS RECORDED IN BOOK 141 OF MAPS, PAGE 17 RECORDS OF MARICOPA COUNTY,
ARIZONA. (CARL E.REMPEL)EA01-02
AGENDA ITEM#9 CONSIDERATION OF THE RATIFICATION OF BID AWARD TO LTC, INC.
IN THE AMOUNT OF$28,281.15 FOR SEDIMENT REMOVAL FROM FOUNTAIN PARK.
AGENDA ITEM#10 CONSIDERATION OF THE FINAL REPLAT OF TRACT C, TRACT N AND
TRACT P DIAMANTE DEL LAGO FINAL PLAT, A TRACT BOUNDARY AND HILLSIDE
PROTECTION EASEMENT ADJUSTMENT; CASE NUMBER S2000-042.
AGENDA ITEM#11 CONSIDERATION OF THE FINAL REPLAT OF LOT 97 AND TRACT 0 OF
DIAMANTE DEL LAGO FINAL PLAT, A COMMON LOT LINE ADJUSTMENT; CASE NUMBER
S2000-043.
AGENDA ITEM#12 CONSIDERATION OF THE FINAL REPLAT OF LOTS 32 & 33 OF
DIAMANTE DEL LAGO FINAL PLAT, A COMMON LOT LINE ADJUSTMENT; CASE NUMBER
S2001-07.
AGENDA ITEM#13 CONSIDERATION OF THE FINAL REPLAT OF FOUNTAIN HILLS FINAL
PLAT 601A,BLOCK 3,LOTS 15 & 16,A LOT JOIN PROJECT; CASE NUMBER S2000-036.
Councilwoman Fraverd MOVED to approve the Consent Agenda as read. Councilwoman Hutcheson
SECONDED the motion. A roll call vote was taken with the following results.
Vice Mayor Wyman aye
Councilman McNeil- aye
Councilwoman Hutcheson- aye
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Page 2 of 15
Councilwoman Fraverd- aye
Councilman Kavanagh- aye
Councilwoman Ralphe— aye
Mayor Morgan - aye
The motion CARRIED unanimously with a roll call vote.
AGENDA ITEM#14 UPDATE ON THE TOWN'S $2.1 MILLION INVESTMENT INCLUDING A
PROGRESS REPORT ON THE TOWN'S ONGOING EFFORTS TO RECOVER THE FUNDS.
Mr. Nordin acknowledged that the bond counsel, Scott Ruby, was not present. Mr. Nordin assured the Council
that Mr. Ruby had gone over the content of his presentation and Mr. Ruby was in full agreement. Mr. Nordin
asked the Council to envision all of the general funds used for the Town's normal operating accounting
procedures and funding mechanisms. He then asked them to imagine another fund used for acquisition or
construction that was established because of the Town's bond issue for the construction of the community
center.
Mr. Nordin explained that when the default occurred with the PG&E paper it had not affected any funds in the
general funds, but it had created a debt from PG&E through Merrill Lynch/BNY to the construction fund. He
said that it was the construction fund, which was separate from all other Town financing, that was ultimately
owed$2.1 million dollars plus interest from PG&E. He pointed that out for several reasons. He confirmed that
there were connections between all of the general fund operation mechanisms and the construction fund. In
fact, there were two ways. One affect felt was the amount of cash down payment that the Town had budgeted
for last fiscal year that could be made on the community center itself. Last year it had been determined to
budget$1.5 million dollars as a down payment for the construction of the community center. There would then
be the connection of how much the Town would borrow. Mr. Nordin pointed out that had been a planned
incursion. In terms of the cash capabilities, he noted that the Town had not spent that amount, but staff would
propose that the Council approve, later in the meeting, a bid award in the amount of about $1 million dollars.
He said that would leave approximately $500,000 in funds that the Town was planning to expend as the down
itkier payment for the community center, which had not been spent. The cushion remained in the fund.
Mr. Nordin reviewed that the second planned incursion was for payment of the principal and interest. Money
must be taken from the general fund and budgeted for principal and interest payments that would be inserted
into the general fund at the agreed upon schedule as required. He clarified that the money for the principal and
interest payment for the entire bond issue had been inserted into the Town's budget. He said that nothing which
had happened with the construction fund in terms of the $2.12 million dollar debt that PG&E now owed the
Town had affected the Town's general fund under the normal financial operations that had not been planned for.
Mr. Nordin referred to the construction fund. He acknowledged the fund currently held approximately
$433,000 in cash that was available for expenditure. He called the Council's attention to the letter before them
that had just been received from BNY,dated March 14th. He referred to page two of the letter. Mr. Nordin read
from the letter where BNY acknowledged that their records showed they currently held the $433,000. There
was sufficient money in the account to carry the construction project through the next 30 to 60 days. Mr.
Nordin said that he and Mr. Ruby agreed with these statements. He continued reading through the next
sentence. BNY stated that during that 30 — 60 day period, they would explore if there was a way to make
additional funds available to Fountain Hills if there were construction obligations that could not be satisfied
with the money already on deposit ($433,000). BNY said they could not commit that such funds would be
made available, but BNY would endeavor to explore such a possibility if it appeared that the
acquisition/construction fund would be depleted.
Mr. Nordin said that he and Mr. Ruby believed that statement from BNY was significant. He noted that BNY
had been relatively forthcoming, except that they had not come forward with the whole$2.1 million dollars. He
said that he and Mr. Ruby had been pleased with BNY's attitude as indicated in this letter as well in the other
letters, which he had attached for the Council to review. He said those were demand letters that BNY had
written to Merrill Lynch. Mr. Nordin said what this letter from BNY amounts too, was if payments from BNY
, can put money into that fund in sufficient amounts to meet the Town's construction payment schedule as it
Town Council Minutes Regular and Executive Session 3/15/01
Page 3 of 15
become due,then for the foreseeable short term(2—3 year term)there would be little if any impact on all of the
Town's financial position. He felt that letter was extremely significant. Mr. Nordin said that what he and Mr.
Ruby would recommend to the Council was that they give BNY the 30 — 60 days talked about in their letter.
hat would then deplete that $433,000 in hand. He proposed that as that money dwindled down the Town
would continue to ask BNY again and again, "Will you make good and give the Town the rest of the money".
If BNY were to say yes, as they indicated they would in their letter, although he recognized it was not a
commitment only a consideration on their part, then Mr. Ruby and he would recommend that no legal action be
initiated against BNY. Mr. Nordin pointed out that he and Mr. Ruby believed that as of today, because there
was still money in that construction/acquisition account,the financial impact to the Town's basic operations was
minimal. He did not want to minimize the potential impact that action could have. Mr. Nordin wanted to
clarify that the loss was in the construction fund and not with the Town's normal day to day financial operation
funding. He recommended that the time frame as proposed in the BNY letter was satisfactory. Staff felt that if
BNY was willing to come forward and help the Town in that manner they had potentially indicated, it could
save a good deal of money and time and effort in needless litigation preparation.
Councilman Kavanagh asked what BNY meant by the term "making funds available". Would BNY give the
Town the money out right, loan the money to the Town interest free, or loan the money to the Town at a market
interest rate. Mr. Nordin said BNY had not indicated how nice they would be. He stated that he and Mr. Ruby
had made it perfectly clear that of those three choices just mentioned, the option that they wanted to see was the
first choice (give the Town the money). In that scenario, when PG&E commercial paper was redeemed then
BNY would be able to receive their fair share and the Town would receive the balance due. Mr. Nordin
reiterated that BNY had not made that indication but the Town had.
Vice Mayor Wyman pointed out that this indicated that BNY was accountable and their recourse was Merrill
Lynch. If the end result proved to be the first suggestion made by Councilman Kavanagh,that BNY would give
the Town the money out right, then the Town would be in a very good position. He said that the Town would
be getting their money and BNY would be the ones who would be concerned about getting reimbursed. He
posed the question of what could BNY do if they did not receive their money back; sue the Town because they
'adn't invested funds in accordance with the Town's investment instructions? Vice Mayor Wyman felt that
%waif had done the best that they could with a difficult situation. Mayor Morgan added that the Town needed to
sit tight and let the attorneys handle this situation as she had confidence that they were doing their very best and
the Town would be OK in the long run.
Councilwoman Fraverd asked if the attorney and he were content to wait until the money runs out before the
Town secures a commitment from BNY. Or would staff push for commitment knowing that the funds might be
available to the Town. She asked what Mr. Ruby's recommendation was. Mr. Nordin responded that he and
Mr. Ruby concurred that what needed to be done was to find out an estimate from the architectural firm what
Target General's expected draws would be for the next 30 — 60 days. He stated that armed with that
information, then he and Mr. Ruby would go back to BNY and make the appropriate demands. He felt that
could and would accelerate the Town's requests in terms of a commitment, as approximate costs would be
known. Councilwoman Fraverd said the plan sounded good.
Councilman McNeill reviewed that if the Town were able to secure a commitment from BNY,BNY would take
a pro-rated share in any repayment. He noted that would make a big difference whether BNY also took the
prorated share of the risk of non-payment if that were to occur. He felt the commitment could be structured so
that if BNY were to advance the fund with the notion they would get full repayment whenever the Town
received any repayment,or BNY would take a percentage interest in the commercial paper. He suggested that if
the paper were paid back on a "cents on the dollar basis", that BNY suffer the consequences just as the Town
would by sharing the "cents on the dollar" approach. Mr. Nordin said neither he nor Mr. Ruby would disagree
and acknowledged that would be their goal.
Vice Mayor Wyman said in reading the documents that had been provided by Mr. Nordin from BNY to Merrill
Lynch, it was gratifying to see that BNY was holding Merrill Lynch's feet to the fire on this issue.
Town Council Minutes Regular and Executive Session 3/15/01
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Councilman Kavanagh asked Mr. Farrell if he concurred with Mr. Nordin and Mr. Ruby's recommendation.
Mr. Farrell said yes and explained that he had participated in several of the conversations, which had led up to
the Town receiving this letter from BNY.
AGENDA ITEM#15 UPDATE ON THE TOWN'S RECENT EFFORTS TO CONTROL AIR
TRAFFIC OVER FOUNTAIN HILLS AND ASSOCIATED AIRCRAFT NOISE.
Mr. Nordin reviewed that there had been a lot of public discussion relative to the changes that the FAA was
proposing in the routing of the air traffic in and out of Sky Harbor Airport. He noted that one plan showed some
significant flight over Fountain Hills. That became a matter of concern for Council and staff. Mr. Nordin said
that Mayor Morgan had written a letter to the FAA to which they responded. As a result, Director Valder and
he educated themselves in terms of the issues. He stated that he and Director Valder had then visited with Mr.
Scott Gray, Scottsdale's Airport Manager. Mr. Nordin said that he and Director Valder had been impressed
with Mr. Gray's expertise and thorough knowledge of the issues surrounding the flights into and out of Sky
Harbor Airport. He said that Mr. Gray had been making a series of presentations on behalf of the City of
Scottsdale to various interest groups and parties. Mr. Nordin said that staff was gratified to understand that
Scottsdale's position was that Scottsdale was more than happy to work with Fountain Hills on this issue as it
was also in Scottsdale's best interests to have that route moved further east and away from Fountain Hills. He
stated that staff was pleased to report that Scottsdale was truly working on Fountain Hills' behalf. Mr. Nordin
stated that Mr. Gray had agreed to make a presentation this evening to the Council concerning all of these
issues. He felt that the Council would be favorably impressed as he and Director Valder had been. He
introduced Mr. Gray.
Mr. Gray confirmed that Scottsdale had spent a considerable amount of time on this issue. He stated he was the
aviation director for the City of Scottsdale. He pointed out that he and his staff had been spending more time
with the FAA than any other community on this particular issue, the FAA Northwest 2000 Plan. He reviewed
that the purpose of the plan was relative to the Albuquerque Center Airspace. He touched upon the existing
routes, the proposed routes,route comparisons, the route alternatives submitted on March 5 to the FAA, and the
environmental assessment timeline that the FAA would be going through.
,Mr. Gray said that the Northwest 2000 Plan would change airspace and procedures in the Albuquerque Center
sectors for the purpose of reducing existing delays in the air traffic system and controller workload. He stated
that as a result of the FAA doing those two things, there was a necessity to make changes to the arrivaLand
departure routes in the Phoenix metropolitan area. He explained that routes would be swapped between where
the arrivals and departures were. He showed the boundary of the Albuquerque Center air space. He stated that
Phoenix was the primary airport in the air space. He noted that the Phoenix Airport handled 2 million aircraft
operations a year through that particular air space. Mr. Gray displayed and explained what he called the "bug
smash"picture, which showed all routes in and out of Phoenix for a five-hour period on one particular day. The
issue that was being resolved was somewhere around St. Johns where there were several arrivals and departures
that crossed. He pointed out that by addressing that issue it affected the Phoenix area. Mr. Gray stated that the
significant areas were the military operations, which were delineated by green boxes throughout the state on the
graphic. He said those boxes represented the no-fly areas for commercial airliners and the general aviation
public, which restricted a large part of the air space in Arizona. He stated that restriction was a significant issue
and explained that was why there weren't any routes cutting through those various areas.
Mr. Gray then displayed a map of the 15-nautical miles of radar coverage by the Phoenix radar facility located
at Sky Harbor. He noted that the date on this photo was January of 1999. This map denoted only the arrivals on
that particular day into Sky Harbor. He indicated those routes that were of most concern to the citizens of
Scottsdale under the existing conditions. Mr. Gray stated that those routes would be changing significantly with
the proposed FAA changes. He stated that there were 2,000 arrivals and departures daily from Sky Harbor
making it the fourth busiest airport in the country.
Mr. Gray presented the proposed FAA Northwest 2000 Plan, which separated the arrival and departure routes
previously displayed. He directed their attention the where the arrival and departures routes changed. Mr. Gray
itior described existing routes that come over McDowell Mountain Ranch into the City of Scottsdale. He noted that
Town Council Minutes Regular and Executive Session 3/15/01
Page 5 of 15
there were two different flows, east and west. He explained that under east flow conditions, the aircrafts were
landing and taking off towards the east, and west flow would be the opposite. He said it was the east flow that
was of the most concern for the citizens of Scottsdale and would result in Scottsdale getting more departures
and arrivals (he indicated that location on the displayed map). He said that the FAA was proposing to change
those routes, which for the most part would miss Fountain Hills and the departures would be split, which was
primarily over Fountain Hills. The arrivals and departures had been switched from what it was before. He
explained that under the west flow conditions, the same arrival routes would be used. The FOSSL arrival would
be the one that would come in parallel to both Scottsdale and Fountain Hills landing into the west and going into
the river bottom. That route under the new procedures would be called DBACK and would be moved much
farther to the east. One of the primary improvements in the Northwest 2000 Plan was the removal of departure
aircraft tunneling under arrivals. What that meant was, the arrival aircraft would come in higher and the
departure aircraft would be held below those arriving aircrafts for a longer period of time and then continue to
climb once they were further out in the radar environment. Under the proposed plan,the departures would have
free climb to 21,000 feet and thus would be much higher than they were today under each of the departure
circumstances.
Mr. Gray referred to the fourth page of the letter Scottsdale sent to the FAA, which was a graphic of how
Scottsdale proposed to change the FAA's plan. He said it represented changes they had made primarily to the
departure point. He stated that Scottsdale had asked the FAA to analyze moving their departure point five-miles
to the west,which was beyond Fountain Hills by a couple of miles. The aircraft would then travel further out in
the river bottom before making their turns. He said another change was made to the CHEZZ route to allow the
aircraft to gain more altitude before they would cross any communities in north Scottsdale. He said they had
also addressed other issues with the FAA, which had been of concern to Scottsdale citizens.
Mr. Gray said under the proposed changes by the FAA the altitude would increase from the 5,000 — 7,000 to
8,000 feet. He noted that under the FAA plan both Fountain Hills and Scottsdale would benefit from the
proposed action but they had felt that the plans could be made better by several modification that Scottsdale was
suggesting. He pointed out that the FAA was going to conduct an environmental assessment as part of this
project. Mr. Gray reviewed the FAA's schedule:
March 5—comment period deadline
April 9 -draft EA release date
April 23—26—Public hearings to be held throughout the Phoenix area
May 16—comment deadline
June 27—Final EA released
He said they would probably receive a FONSI, a Finding of No Significant Impact. Mr. Gray explained that
was because the purpose of conducting this EA was a moot point because it categorically excluded what they
were examining. Mr. Gray felt the FAA was willing to listen to Scottsdale's proposed changes. Once the FAA
received the FONSI, which would be sometime in July, the implementation date was not until the November—
December time frame. Mr. Gray said that all of the PowerPoint presentations were available on their website,
along with Scottsdale's proposed notice of action, and Scottsdale's alternatives: www.ci.scottsdale.az.us/airport
Mr. Nordin suggested that, at the appropriate time, Fountain Hills could make its presence known at these
hearings in support of the Scottsdale initiatives.
Mayor Morgan commented she was glad that the sister cities of Fountain Hills and Scottsdale got along because
Scottsdale was doing a very good job on Fountain Hills behalf. She thanked Mr. Gray and Scottsdale for that.
Mr. Gray acknowledged that before he had met with Mr. Nordin, Scottsdale already had their proposed
alternative in mind. Once he had met with Mr. Nordin it seemed the plan would benefit both communities and
now he felt both could benefit and support each other's efforts. Mr. Gray said that several members of the
Scottsdale Council had spent the last few days in Washington D.C. meeting with their Washington delegation
and expressing Scottsdale's concerns to them as well as meeting with the FAA headquarters senior officials. As
a result of that meeting,the FAA headquarter office was sending a senior official out to Scottsdale next week to
meet with the local FAA folks to make sure that they understand what the rules were and to meet with
Scottsdale. This would allow Scottsdale to continue analyzing the alternatives and see if there were any
opportunities of convincing the FAA that there were better alternatives than what the FAA had submitted.
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Vice Mayor Wyman asked what the approximate orientation (compass wise)was of the runways. Mr. Gray said
the rule of thumb throughout the valley was that in the morning they would use the lower numbered runways to
the east and in the afternoons (about 11 a.m.) activity would be switched to the higher numbered runways. Vice
Clime Mayor Wyman said it was important for the Council and the public to know that when a plane takes off in the
morning there weren't a lot of options in terms of disturbing someone before making the destination turn. This
was true in the afternoons also as the planes were held to the runway orientation. Mr. Gray said that the runway
used was not arbitrary as it was based upon the wind direction as the plane lands and takes off into the wind. He
pointed out that the Phoenix Valley was in a situation where the morning winds favored the east runway and the
afternoons favored the west runways, again changing back to the east sometime in the evening.
Councilman Kavanagh again thanked Mr. Gray his technical knowledge and for coming to the meeting.
Councilman Kavanagh inquired as to what altitude someone on the ground could view an airliner and find it
quiet. Mr. Gray responded there was no one answer, as it would depend on each individual's tolerance at that
particular point where the aircraft was going overhead. He said that over the Mayo Clinic aircraft traveled
somewhere in the neighborhood of 5,000 to 7,000 feet when climbing at full power. Under the proposed plan,
aircraft would have to be at least 8,000 feet. He said that what was being seen from aircraft performance charts
was that actually the aircraft would be somewhere in the neighborhood of 10,000 feet, which would be twice as
high as was being experienced today. He said that even if no changes were made to the FAA's plan the public
should hear a decrease in noise activity. Councilman Kavanagh said he had been following this issue in the
newspapers. He asked about concerns that Tempe had raised and if they had sufficient clout or issues that
would affect the FAA's decision with regard to plane routes. Mr. Gray said that the existing procedure that was
in place was an intergovernmental agreement between the City of Phoenix and Tempe called the Four DME
procedure, which meant that the aircraft departing from Sky Harbor to the east must follow the river bottom
until they get approximately four miles away from the airport before turning. He noted that procedure was not
changing. He addressed the possibility of any perceived clout on the part of Tempe. Mr. Gray stated that the
City of Tempe was not asking for any modification to that particular procedure nor was, to his knowledge, the
FAA entertaining any changes. As far as the stadium goes, it was not the departures that were an issue; it was
the arrivals over the top of the stadium at approximately 300 feet.
iikw Councilwoman Ralphe stated that the Scottsdale alternatives seemed desirable to both Fountain Hills and
Scottsdale. She asked if he could anticipate how desirable those modifications might be viewed by the FAA.
Mr. Gray said that based upon Scottsdale's meeting on Monday with the FAA, he felt they were more favorable
than they had been three days before that meeting. He stated that a phone call was received from the FAA
region indicating that they did not think Scottsdale's alternatives were technically feasible. At that point
Scottsdale had inquired as to why and they had not been provided with too much information as to why. As he
was already in Washington D.C. to meet with the FAA folks and explain to them Scottsdale's concerns hence
the reason that a senior level official would be coming to Scottsdale to explain the rules of engagement between
the local FAA and the municipalities interested. Scottsdale believed that there was better communication taking
place now after having met with the Washington FAA folks. He explained that in his 10-years in aviation he
had never seen FAA leave Washington. He viewed that by sending someone out so quickly it was an indication
that they were changing the way they were doing things.
Councilman McNeill stated he liked the Scottsdale's alternative. He noted that would move the air traffic from
the populated areas but also would take the departing traffic away from the McDowell Regional Park. The
arrival routes would be diverted from the Mountain Preserve. Councilman McNeill said he did not know if that
was by design but this plan accommodated both the populated areas and the preserve areas and was very
commendable. Mr. Gray said that was just an after thought as their primary concern had been the citizens, but
based on the moving of those points he also felt there were two benefits. Mayor Morgan thanked Mr. Gray for
his time and presentation and asked Scottsdale to keep the heat on Washington.
AGENDA ITEM#16 CONSIDERATION OF AWARDING THE BID FOR THE SITE UTILITY
PACKAGE FOR THE NEW COMMUNITY CENTER AND LIBRARY/MUSEUM PROJECT. THE
BIDS ARE DUE TO BE OPENED ON MARCH 15.
L
Town Council Minutes Regular and Executive Session 3/15/01
Page 7 of 15
Mr. Nordin said this item was being brought in coordination with the directive given by the Council to staff at
that Council meeting in terms of splitting apart the bid packages for the community center and library/museum
narking lot. This was the portion of it that concerned the utilities. At that meeting staff had indicated to the
ouncil that they would fast track this bid to bring it back to the Council as soon as possible. Mr. Nordin felt
e bid was in compliance with direction that staff had been given and the Council's desire to move ahead with
the utilities as soon as possible separate from the balance of the construction, parking lot, and landscaping. He
said that three bids were received this afternoon with the low bid submitted by Valley Rain Construction
Corporation in the amount of $179,600. The engineer's estimate of costs for this work was slightly less than
$200,000 so this bid did fall within the engineer's estimate. He pointed out that there wasn't any budgetary
number for this particular portion of the bid work as it was originally budgeted and included in the larger
package. Mr. Nordin said that staff recommended approval of the bid to Valley Rain.
Councilman McNeill MOVED to award the bid to Valley Rain construction in the amount of $179,600 as
presented and Councilman Kavanagh SECONDED the motion.
Vice Mayor Wyman noted the substantial difference between Target General who was the site contractor and
Valley Rain. He wondered if Target General was just being responsive and did not want the work since there
was such a large difference. Mr. Nordin said that staff had reported on the fact that Valley Rain had done quite
a bit of homework by asking numerous questions and analyzing the site in preparation of this bid. He pointed
out that Target General did not. Staff believed the bid was the result of the significant homework that Valley
Rain had done,because they were able to sharpen their pencil more than the other two bidders were.
The motion CARRIED unanimously.
AGENDA ITEM#17 CONSIDERATION OF THE FUNDING REQUEST FOR$210,000 SUBMITTED
BY THE FOUNTAIN HILLS HISTORICAL SOCIETY TO PURCHASE FURNISHINGS, FIXTURES
AND EQUIPMENT FOR THE NEW MUSEUM.
'Ir. Nordin said that Paul Kolwaite was present from the Historical Society and has asked to make a brief
Nikreesentation to the Council. He said the request had been outlined for the Council in two separate requests
written by Mr. Kolwaite. Mr. Nordin noted that he had been working with Mr. Kolwaite relative to this request.
He recommended that the Council approve the request as the Town could afford this expenditure. On a personal
note, he felt this was an excellent way for the Town to support the museum, now currently under construction.
Mr. Nordin asked that if the Council approved this request that he be directed to work with Mr. Kolwaite and be
allowed the flexibility to split the expenditure into this fiscal year and the next fiscal year (one or both as the
situation dictated). He pointed out that Mr. Kolwaite had expressed that he was not sure when they would need
the money. Mr. Nordin stated that he wanted the Council to approve his plan for flexibility, which would
enable him to split the expenditure between two fiscal years. Or, if upon further analysis it was determined that
it would be better for the Town to expend the funds all at one time this year or in the next year, he would then
have that option available. Mr. Nordin said he was not proposing this plan because of any cash difficulty but
because of the expenditure limitation situation. He reiterated that he wanted the flexibility as to what might be
advantageous for the Town.
Mayor Morgan said that this request was made at the specific request of two Councilmembers (Councilwoman
Hutcheson and Councilman Kavanagh).
Mr. Kolwaite distributed the floor plan of the museum and it was displayed on the wall for public viewing. He
said that this museum was in integral part of the community center complex. It would fit nicely with the Library
next door as an educational center.
Councilwoman Hutcheson stated that she had been slightly embarrassed when speaking with Mr. Kolwaite after
she found out that some of their fund raising efforts had been derailed because of the delayed opening of the
community center. It was then discovered that the museum needed to raise additional funds for the actual
finishing of the museum's interior. Armed with that knowledge she had asked that Mr. Kolwaite provide the
'ouncil with a list of what was yet needed.
Town Council Minutes Regular and Executive Session 3/15/01
Page 8 of 15
Councilwoman Hutcheson asked Mr. Kolwaite to describe the layout and their plans. Mr. Kolwaite complied
and began a verbal tour of the facility. He said the theme was to be the "River of Time" and would be
associated with the river and with the progression of time. Mr. Kolwaite said they were still working on some
type of a dynamic entrance, which they envisioned to be some type of a water feature. He said their current
architect was a teacher from the ASU's School of Architecture who was working from the original floor plan.
Mr. Kolwaite admitted that a lot of this work would be developed on a continuous basis and not all at once. He
said that was obvious because of the limitations of their budget($300,000) and what was being described could
not be accomplished with that amount of money. Mr. Kolwaite noted that he and the committee had gone to
two museum development companies and had been quoted two very different costs. One had quoted $500,000
and the other was $1.1 million dollars. He confirmed that those estimated costs had surprised them. It was at
that point they decided to cut their projections down at least in order to open. The committee felt they needed to
start small and develop as funds became available. He concluded the verbal tour of the facility.
Councilman Kavanagh commended Mr. Kolwaite and the Committee for their work and their efforts to raise
funds of almost $100,000. Mr. Kolwaite said they would continue to try to raise funds because this had to be a
dynamic living museum. He stated they did not want to see the museum become stagnant, as the public would
lose interest. Their plan was to keep the locals interested but also draw interest from outside visitors.
Mayor Morgan restated that the fund-raiser that Councilwoman Hutcheson had referred to, which had to be
pushed back, would have netted the museum about$100,000. She pointed out that this Committee has not been
sitting back looking for handouts, but did need a little help getting started. Mr. Kolwaite said that when the
fund-raiser was held those funds received would be applied towards their goals. Mayor Morgan noted that this
was a Town building and part of the Town complex.
Councilwoman Fraverd asked Mr. Kolwaite how the public could donate funds. Mr. Kolwaite responded
anyway that they would like. Mr. Kolwaite stated that they would continue to seek grants. He pointed out that
they were at a disadvantage because there wasn't a museum yet and that was one of the criteria in applying for
grants of this type. He stated that they were on their way to establishing a director position. To start it would be
a volunteer.
Councilman McNeill read the address where donations were accepted directly from their letterhead:
Fountain Hills and Lower Verde River Historical Society and Museum
P.O. Box 17445
Fountain Hills,AZ 85269
Councilman McNeill said this was a great addition to the downtown. He felt the development of the downtown
was one of the priorities that this Council had set. He announced that the Consultant for the downtown would
be presenting their vision for the downtown for public comment next Wednesday, March 21, 2001, at 7:30 p.m.
at the High School auditorium.
Mayor Morgan stated that if the public did not come to the hearing and express their comments at that time, she
did not want to see their complaint letters to the editor in the paper.
Councilwoman Ralphe added that the museum would be an integral part of the downtown and important for the
education of the children, but it would also serve as a history lesson to all. She felt that unless history was
learned the ability to deal with both the present and the future was compromised.
Councilwoman Hutcheson MOVED to approve the funding request by the Fountain Hills Historical Society in
the amount of $210,000 and include the flexibility of administering the funds as requested by the Town
Manager. Vice Mayor Wyman SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#18 DISCUSSION AND POSSIBLE ACTION REGARDING MONUMENT SIGNS
FOR CRESTVIEW SUBDIVISION AT PALISADES AND SHEA. DISCUSSION WILL INCLUDE A
POSSIBLE AMENDMENT TO THE DEVELOPMENT AGREEMENT TO ALLOW FOR OFF
PREMISE MONUMENT SIGNS.
Town Council Minutes Regular and Executive Session 3/15/01
Page 9 of 15
Mr. Farrell covered that this item was continued from the March lst, 2001, agenda and was a request from the
applicant for two monument signs to adorn the Shea Boulevard entrances to the Crestview subdivision. He
stated that the issue was one that got a little clouded, not so much on the monument signs themselves but Shea
Now Boulevard and the policy that the council had adopted through the ordinance of prohibiting off premise
advertising signs. He said that it was hard to think that a blinking pizza sign would be in the same category as
the monument signs previously presented by the applicant. Mr. Farrell said that staff had wrestled with the
development agreements and right-of-way abandonment and found that both options presented short and long-
range difficulties. He said it was the staffs recommendation that the Council give favorable consideration to
granting an encroachment permit for the erection of the two monument signs on two of three sites that the
applicant had proposed. He continued that the encroachment permit contain the following provisions:
• Indemnification to the Town
• The applicant understand and agree that if either utility expansion or pavement expansion on
Shea Boulevard occurred, the monument signs would have to be relocated further north on the
property at the sole expense of the applicant.
He stated this would allow the applicant to move forward on their time schedule and would allow time to evolve
a policy for the Council on placement of the signage in the Shea Boulevard right-of-way. Mr. Farrell reiterated
that staff recommended that the council favorably grant an encroachment permit with the two conditions stated
after the applicant's presentation.
Mr. Bill Larson, 16930 E. Palisades (MCO)
He admitted that they had been wrestling with this issue over the past two weeks. He said the photographs
displayed reflected some of the sightline and the topography problems they faced with this area. The Eagle
Mountain signage was shown as well as a photo looking to the south out of Crestview with the right-of-way line
depicted. He noted that when they came before the Council at the last meeting it was with the thought they had
staff support for their proposal. He reminded the Council that Crestview was entitled in the County, which
allowed signage in the right-of-way. Mr.Larson said they had an unusual circumstance in that they had 400 feet
of right-of-way at this particular point and that was more than double the Town's principal arterials right-of-
way, which he believed to be 160 feet. He noted that staff had mentioned that at the last meeting that granting
this request would set a precedent regarding future developments along Shea Boulevard. He pointed out that
kkiw there weren't any properties along that 400-foot corridor that had not already been developed. Therefore there
wasn't any potential for a precedent being set. Mr. Larsen stated that at staffs suggestion and with their
understanding that there were ordinance specific criteria being applied by staff to this particular request, they
had evaluated the impact of leveling that particular landform in the northwest quadrant of Shea and Crestview.
Mr. Larsen displayed another graphic that was performed by surveyors this week. He noted it was important
that the mount, which had been identified two weeks ago, was in fact the toe of the natural landform and not fill.
He pointed out that the elevation was natural. He felt that the natural landform really provided a strong element
of visual continuity along Shea. It took the landform and allowed an undulation that they felt effectively
softened the entrance to Crestview. The last graphic depicted what they had been dealing with for the last two
weeks. Mr. Larsen said they had previously proposed the location of the monuments on that slight sloping
ground and now introduced it behind the right-of-way as suggested by staff. He said that was done both on
Arista and Crestview and they would place a 31/2-foot sign 148 feet behind the curb. He said it was important to
note that was outside of the right-of-way and 138 feet further from the right-of-way that was required by their
neighbor Eagle Mountain. He said that the developer would view, as the Town did, that the right-of-way was
not part of the Crestview property. Mr. Larson said they did not view this as a better solution for the landowner
or the Town. This solution would not require discretional approval by the Town nor did it require that the
landowner adhere to an ordinance in height conditions. This had been introduced at the last Council meeting
that they,the applicant,felt was visually destructive and inaccurately applied. Mr. Larson said with that in mind
he respectfully withdrew their request for an encroachment permit.
Councilman Kavanagh said he was unsure if he was comfortable that a location sign that the public would
normally be looking for while driving down the road would now be placed so far back that it wasn't visible
from the road. He felt that might cause some confusion for those looking for the road. Although he did not
think it was a major safety problem, the fact that staff now recommended that the applicant could now place the
signage where other signs were located made him wonder if the applicant wanted to reconsider not having the
Town Council Minutes Regular and Executive Session 3/15/01
Page 10 of 15
sign where it would be more visible. Mr. Larsen responded that one positive thing had developed over the last
few weeks. A new locational street sign was placed at the signal that said Crestview. Mr. Larson felt it was a
very handsome sign and would be very helpful in and of itself. The other thing that they, the applicant, had
difficulty with was the issue of this particular landform. The applicant felt strongly that the elevated landform
with their proposed sign of 5' on a stone base wouldn't be possible relative to the height restrictions in the
Town's ordinance and they would have to effectively level that undulation. As they looked at and evaluated the
situation they had felt uncomfortable with that option. It would have taken the sloping site and brought it down
to an unnatural level. They thought that basically having the sign at 90° and embracing that landform would
have had an esthetic merit that would be positive. That same type of thing for an application could have
occurred at Arista. Mr. Larsen said the sign would be placed in front of the gatehouse with the face of the sign
turned towards the south instead of two faces. He said he and the applicant felt this option would work and
would eliminate the issue of encroachment into the right-of-way. Mr. Larsen said he had wanted to put those
other components on the record because they did not feel the precedent was one that had merit.
Councilwoman Hutcheson asked Mr. Larson if what he just covered was that he and the applicant had solved
their own problem and did not need the Council's help. Mr.Larsen replied yes.
Mayor Morgan called for a recess at 7:52 p.m.
Mayor Morgan reconvened the regular session at 8:00 p.m.
AGENDA ITEM#19 CONSIDERATION OF AWARDING THE BID FOR THE TRAFFIC SIGNAL
TO BE LOCATED AT PALISADES BOULEVARD AND AVENUE OF THE FOUNTAINS.
Town Engineer Randy Harrel reported that five bids had been received and opened on February 22, 2001. He
said the low bidder was Contractor's West, Inc. in the amount of$105,635, which was substantially lower than
both engineers' estimates and the budgeted funding. He pointed out that the normal lead-time for the placement
of the poles was about five months. Mr. Harrell said that staff had originally anticipated and designed this as a
fire signal as it was at the fire station, but a recent traffic count indicated that the traffic met traffic signal
warrants and so a fully operation traffic signal would be installed. He stated that staff recommended approval of
this bid.
Councilman McNeill asked what was meant by the footnote that Contractor's West, Inc. did not acknowledge
the two addenda. He was unsure of the consequences or if this statement was inconsequential. Mr. Harrel
stated that was a waivable discrepancy.
Mayor Morgan MOVED to award the bid to Contractor's West in the amount of $105,635 as presented and
Councilwoman Ralphe SECONDED the motion.
Marshal Freedman, 14950 E. Golden Eagle
He asked if this was a demand or timed signal. Mr. Harrel stated this was a fully actional signal and had sensors
on the turn lanes and through lanes and would be sensitive to the traffic as it came through. Mr. Harrel said that
all of the Town's signals were that way.
The motion CARRIED unanimously.
AGENDA ITEM#20 CONSIDERATION OF RESOLUTION 2001-14 DECLARING THE TOWN'S
INTENT TO ACQUIRE A 1,276.02 ACRE PORTION OF STATE TRUST LAND ABUTTING THE
NORTHEASTERN BORDER OF THE TOWN OF FOUNTAIN HILLS, LYING WITHIN: SECTION
1,LOTS 9 THROUGH 11,ALL OF SECTION 2,AND ALL OF SECTION 3,WITH THE EXCEPTION
OF THE 34.96 ACRE FOUNTAIN HILLS MIDDLE SCHOOL SITE, T3N R6E; AND THE TOWN'S
INTENT TO PROVIDE FUNDING FOR THIS ACQUISITION BY PLACING A REQUEST FOR A
PROPERTY-TAX BACKED BOND ON A FUTURE BALLOT.
Town Council Minutes Regular and Executive Session 3/15/01
Page 11 of 15
Senior Planner Jesse Drake stated that this resolution would be used to show the Town's support of the Arizona
Preserve Initiative Grant application to obtain matching funds for the acquisition of the 1,276-acre portion of the
State Trust Land abutting the northeastern portion of the Town. She displayed the graphic on the visualizer. Ms.
Drake stated that the resolution would show that:
1. The Town approved the filing of the application to purchase the land
2. The Town would work to obtain the share of the costs from the Ft. McDowell Mohave-Apache
Indian Community
3. The Town would enter a bond election within a time sufficient to provide the Town's portion of the
funding needed for the acquisition or provide funding from some other municipal source
4. The Town would apply for a grant of matching funds of at least 50% plus any of the allowable
acquisition costs through the Arizona State Parks Growing Smarter State Trust Land Acquisition
Program. The Town would apply for a grant for 50% of the lands appraised value plus any
allowable acquisition costs up to 10% of the grant award, which could include cultural or
archeological surveys, land surveys, advertising costs, application fees, real estate related fees,
environmental assessment fees and title insurance.
Ms. Drake noted that the Town, the Fort McDowell Mohave-Apache Indian Community and McDowell Park
Association had been working together since 1995 in an effort to preserve this portion of the Sonoran Desert.
She pointed out that the property had significant scenic value, important wildlife habitat, and held two identified
archeological sites. Ms. Drake confirmed that the resolution was required to show the Town's intent to fund
their portion of the acquisition in order to qualify for the matching grant monies from the Arizona State Parks
Growing Smarter State Trust Land Acquisition Program.
Ms. Drake acknowledged that the application process was three tiered.
1. An application must be made to the State Land Department to have the land classified as suitable for
conservation purposes. She noted that this classification was approved by the State Land
Commissioner in 1998 and was supported with funds from the Town, the Fort McDowell Mohave-
NovApache Indian Community and the McDowell Park Association.
2. The second application must be made for the purchase of the land with the Arizona State Land
Department indicating that the land would be saved for conservation purposes. She pointed out that
this resolution would become part of that land purchase application. She it was anticipated that the
application would be filed within the next week.
3. An application must be made to the Arizona State Parks Department through their Growing Smarter
Program to obtain the matching funds. She stated that the deadline for this application was March
30,2001.
Ms. Drake said she had brought along additional information for Council review after the meeting.
Councilwoman Ralphe MOVED to approve Resolution 2001-14 as presented and Councilman McNeil
SECONDED the motion.
Vice Mayor Wyman said that an important part of this resolution was section 3, which had to do with the
financing. He asked how much of a Town commitment would be made by the last phrase "or provide funding
from another municipal source". He posed that question in the event that the citizens decided that although they
would love to have those two sections of land they would not want to see and increase in their property taxes to
pay for them through a bond election. Mr. Farrell asked if Vice Mayor Wyman was asking if the adoption of
the resolution was a commitment on the Town's part and he responded yes. Mr. Farrell explained that the
resolution suggested that the Town would offer the alternative to the voters in a sufficient period of time to get
approval of a bond issue if it were decided to acquire the land. He further clarified that to use an alternate
source of funds would have to be a decision made by the Council at that time. Vice Mayor Wyman stated he
wanted to see the Town go forward with this action.
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Town Council Minutes Regular and Executive Session 3/15/01
Page 12 of 15
Councilman Kavanagh said there were a lot of ifs here: The Town did not know what the appraised land value
was or whether the Fort McDowell Indian Community would come on board. He asked if the Council did not
like the appraised land value, if the Fort McDowell Community did not want to participate, or if for any other
reason it was determined that the Council did not want to pursue this, would the passing of this resolution
prevent the Council from dropping out of the process along the way. Mr. Farrell said no. However, without the
adoption of the resolution it did not allow the Town to begin the process. Councilman Kavanagh restated that
this action would essentially allow the Town to consider financial options without having to spend substantial
monies and committing. Mr. Farrell confirmed that the Town would be able to start a process that had been a
desire and that had been worked on extensively by other portions of the community. He recalled that the
Council recently supported an API (Arizona Preserve Initiative) action by the City of Scottsdale to attempt to
have 16,600 acres reclassified as API designation, which this acreage already had. Mr. Farrell explained this
step showed the Town's commitment to go forward and others would hopefully join Fountain Hills. He agreed
that the Council had pointed out a couple of significant factors: the land value and whether or not Fountain Hills
would have a participating partner in this. Mr. Farrell did not feel that the passage of this resolution would
answer those questions tonight directly. Councilman Kavanagh stated his purpose in asking the question was to
be assured that the Council was not being locked into an expense that at this point the Town could not handle.
Mayor Morgan asked if it were correct to say that if the Council did not adopt this resolution, then there
wouldn't be any chance of getting any matching funds. Mr. Farrell agreed. Ms. Drake made a slight correction
to that statement by stating the Town would not have the opportunity of getting any matching funds"this year".
Councilwoman Hutcheson said she was glad to see the resolution before the Council tonight. She said it
represented about six years worth of work. She pointed out that three previous Councils had supported this and
worked both with the McDowell Park Association as well as the Fort McDowell Indian Reservation.
Councilwoman Hutcheson said there had been considerable interest in the preserve initiative designation for the
last couple of years and the Town had been very fortunate to obtain that designation already. She saw this as
another step along the way to reach a successful conclusion. She was happy to support it.
Councilwoman Ralphe stated she would also support the resolution. She pointed out that when this land
obtained the API designation in 1998 that bought the Town three years in which to show progress towards
acquiring and preserving that land. Along with that designation, that "show progress" phrase included just this
kind of action, which was being considered tonight. Councilwoman Ralphe said that this progress would again
buy the Town two additional years. She noted that it was a complicated time formula with some additional time
beyond that. Councilwoman Ralphe said that would provide enough lead-time to complete the planning and
arrange for the financing.
Councilwoman Fraverd said she would also support taking this step. She asked Director Valder when might the
Town know the result of the grant application. Ms. Drake acknowledged that time frame was unclear. She said
that those in charge of the program were allowing the Town to submit a somewhat incomplete application
because they had just initiated this program one year ago. Ms. Drake felt the Town had a very good opportunity
because there weren't very many applicants applying this year and this program had some funds over from the
last year that would roll over to this current year. So it was a very good year for Fountain Hills to apply for this
money. If the program allowed the Town to submit a somewhat abbreviated application and fill it in as the
process went along that would be very generous of them. Councilwoman Fraverd again asked if staff knew this
process to have a six-month review time or three-month. Ms. Drake said that she did not know exactly what
their time frame was once the application was received.
Councilman McNeill said he was pleased to support this resolution. He felt that the questions raised about the
level of Town commitment was certainly appropriate. He said he would have problems supporting this if the
Town were being required to make an open-ended commitment. Councilman McNeill said that was not what
was happening tonight. He acknowledged that there was a deadline but that there was this opportunity to have
the State pay for half of this land acquisition if the Town were to be successful in pursuit of the matching funds.
He thought that this was a wonderful step forward and a worthwhile project. He asked if he had read in staff s
evaluation that the Town's chances this year were perhaps better than they were last year and better than they
would be in the following year just because of the number applicants and the funds that were available. Ms.
Town Council Minutes Regular and Executive Session 3/15/01
Page 13 of 15
Drake said she was unsure of the numbers from last year, but she knew that this year several communities were
finding out about the existence of this program. Those communities were in this process of getting their lands
reclassified. Ms. Drake said staff anticipated that next year there would be more competition for those funds,
but this year staff felt there would only be four or five applications applying and would like to be able to get the
funds. She thought that Maricopa County had$10 million dollars available so again she said it would be a good
year for Fountain Hills to apply. If the Town were to wait until next year, it was possible that Scottsdale could
be ready for the same application. She pointed out that they could potentially consume that entire amount.
Councilman Kavanagh asked if the process were to run smoothly, how long would it take to receive the land
appraisals. Mr. Farrell said the physical appraisal would take approximately 30 — 60 days. Councilman
Kavanagh asked how many months from now could the Town know what the price of this application would be.
Ms. Drake responded that this was a somewhat of a backward problem. She said the Town had to identify the
amount of money with an appraisal and put that into an exact written amount that would be submitted to them
that the Town would pay. She said the appraisal of the land would not come afterwards; it comes in the
beginning of the process. Councilman Kavanagh asked if the Town would choose the appraiser and then the
State would review the results. Director Valder said the State would have to accept the appraisal or change the
amount at which the appraiser came in. Councilman Kavanagh asked if a year was a good estimate of time to
have an idea of where the Town stood in the process. Ms. Drake did not think it would take that long.
Vice Mayor Wyman noticed that the resolution stated that the Town would "work diligently with the Fort
McDowell Indian Community". He said that was wonderful and hoped they would come on board. He asked if
they did not, would the Town be precluded in any way. Ms. Drake said absolutely not. Vice Mayor Wyman
said it was his understanding that all State Land trust land had to go through the bidding process. Mr. Nordin
said that was correct. Even in the API program, the bidding process was required. He confirmed that would
have to happen in this case as well. The bidders would have to understand that there would only be a
preservation option possible. Vice Mayor Wyman remember that a year or so ago the City of Phoenix put on
the ballot to provide up to $10,000 an acre for Trust Land. He remembered that measure passed even though
the citizens knew it had to go through a bidding process. Vice Mayor Wyman speculated that even if the land
value was that much, the Town might be talking about $13 million dollars. He pointed out that half of that
amount could come from a grant and with help from the Indian Community; the Town's portion could be
affordable. Mayor Morgan confirmed that she was scheduled to meet later this month with President Pattea in
an effort to perhaps obtain commitment.
The motion CARRIED unanimously.
AGENDA ITEM#21 CALL TO THE PUBLIC.
Gary Padgett, 17522 E Grande
He asked for the Council's help in removing the truck traffic from Grande Blvd. and turn it back into a safe
residential street. He expressed concern that the truck traffic would increase over time. He asked on what basis was
the "no trucks" sign removed. He said the removal of the sign allowed for the devaluation of the neighborhood
homes and made the street a heavy truck handling thorough fare, a short cut through Fountain Hills during the day
and a nighttime nuisance that far exceeds the needs of Fountain Hills. He also asked why the residents of Grande
weren't consulted on the decision to remove the "no truck" sign. He pointed out that he had lost a contract to sell
their home due to comments made by the manager of the Fort McDowell Concrete Company. The manager told his
buyer "no date was set to move their company, and if the company were to be moved it would only be because a
larger truck company was taking their place". He hoped the Council would put an end to the devaluation of the
properties on Grande and any other streets that these trucks travel. He asked the Council to put an end to the
potential danger to children and residents who back out onto Grande because there wasn't a frontage road. He
wanted the Council's help in ending the noise and air pollution with which over 100 adults plus many children live.
He again asked that the Council return Grande to a safe residential street with "no through trucks" signs and then
enforce it.
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Town Council Minutes Regular and Executive Session 3/15/01
Page 14 of 15
Tim Brown, 17418 E Grande
He echoed the previous speakers concerns and also asked for the Council to resolve the issue of the industrial truck
traffic on Grande through Fountain Hills.
Curtis Wilke, 17136 E Grande
He also asked that staff look into the issue of increased truck traffic on Grande Blvd. in an effort to reduce the traffic
flow. He pointed out that the residents of Grande had submitted four or five petitions for traffic calming measures
on Grande and there were always reasons why they couldn't be implemented. He expressed concern for the safety
of neighborhood children. He asked that the truck traffic be slowed down.
Councilwoman Fraverd directed staff to look into the truck traffic on Grande and report back to her and the Council
as to why it had become a truck route. Mr. Farrell reminded the Council that direction to the staff should come at
the end of the call to the public.He stated that staff could look into that issue and report back.
Mayor Morgan announced that the Council would recess the regular session and reconvened the executive session.
The executive session was reconvened at 8:32 p.m.
AGENDA ITEM#22 ADJOURNMENT.
Councilman Kavanagh MOVED to adjourn and Councilwoman Fraverd SECONDED the motion, which
CARRIED unanimously. Mayor Morgan adjourned the meeting at 9:20 p.m.
TOWN OF FOUNTAIN HILLS
By:
Ate
(.4,44A..4„4 Sharon Morgan,May r
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 Regular and
Executive Meeting held by the Town Council of Fountain Hills on the 15th day of March 2001. I further certify
that the meeting was duly called and that a quorum was present.
DATED this 5th day of April 2001.
Cassie B. Hansen,
Director of Administration/Town Clerk
Town Council Minutes Regular and Executive Session 3/15/01
Page 15 of 15