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HomeMy WebLinkAbout2003.0701.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JULY 1,2003 AGENDA ITEM #1 - PURSUANT TO A.R.S. 38-431.03.A.7, FOR DISCUSSION OR CONSULTATION WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE, SALE OR LEASE OF REAL PROPERTY. (SPECIFICALLY,_THE TOWN HALL LEASE.) Councilman Archambault MOVED to convene the Executive Session and Councilwoman Nicola SECONDED the motion, which CARRIED UNANIMOUSLY. Mayor Nichols recessed the executive session at 6:07 p.m. AGENDA ITEM#2-RETURN TO REGULAR SESSION. Mayor Nichols called the meeting to order at 6:30 p.m. and led the Pledge to the Flag. Following the Pledge, Vice Mayor Ralphe gave the invocation. ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Councilman Archambault, Mayor Nichols, Councilwoman Stevens, Councilman Kavanagh, Councilman Melendez, Councilwoman Nicola,Vice Mayor Ralphe. Town Attorney Andrew McGuire, Town Manager Tim Pickering,Director of Public Works Tom Ward, Director of Parks, Recreation, & Community Center Mark Mayer, Planner Denise Ruhling, Senior Planner Dana Burkhardt,Accounting Supervisor Julie Ghetti,and Bevelyn Bender,Town Clerk, were also present. The Mayor reviewed the process the public would follow prior to speaking to an agenda item. RECOGNITION ITEMS: Presentation of a "Certificate of Recognition"to Wally Hudson for his many years of civic Service to the Town of Fountain Hills. ,Mayor Nichols asked Mr. Hudson to join him at the podium and said that one of the great things about being a member of the Town Council was that you got to recognize people who had made significant contributions to the Town. He stated that tonight that was exactly what they were doing when they recognized Wally Hudson, who had been a tremendous asset to the Town of Fountain Hills and had given freely of himself since 1996 as the Town's Insurance Director. He commented that Wally had decided, unfortunately for the Town of Fountain Hills, to retire, and the Mayor, on behalf of the Council, citizens, and Staff, thanked Mr. Hudson for his outstanding efforts and hard work. Mayor Nichols read into the record the wording of a plaque presented to Mr. Hudson, which recognized him for his hard work on behalf of the Town of Fountain Hills. The Mayor presented the plaque to Mr. Hudson as well as an additional memento and again expressed appreciation to him for his excellent service to the entire community. CONSENT AGENDA: The Mayor noted that Agenda Item#8, Consideration of approving the SETTLEMENT AGREEMENT with Brown and Bain has been REMOVED from the Consent Agenda and added that Legal Counsel would address this item at the beginning of the Action Agenda. AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 19,2003. AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2003-32, ABANDONING WHATEVER RIGHT, LTITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTLITY AND DRAINAGE EASEMENTS OCATED AT THE SOUTHERLY PROPERTY LINE OF LOT 2,BLOCK 1,PLAT 603B. 15427 E. THISTLE DRIVE. EA 2003-07(ERIC RIECK). E:\IvIINUTES\Minutes 07-01-03 council meeting.doc Page 1 of 18 AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2003-35, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE WESTERLY PROPERTY LINE OF LOT 33, BLOCK 1, PLAT 505A (15501 E. TEPEE RIVE) AS RECORDED IN BOOK 158 OF MAPS, PAGE 40, RECORDS OF MARICOPA COUNTY, ARIZONA. EA03-08. (PAULA DE HAEN). AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2003-36, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE WESTERLY PROPERTY LINE OF LOT 27,BLOCK 2, PLAT 505C (16404 SCORPION DRIVE) AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. EA03-09. (MARK& CHRISTINE MAHONEY). AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2003-34, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE "FINAL PLAT OF COYOTE RUN," A LOT JOIN OF LOTS 12& 13,BLOCK 3,FINAL PLAT 603-A. CASE#52003-04(MICHAEL NAMIE). AGENDA ITEM#6 - CONSIDERATION OF RESOLUTION 2003-33, ADOPTING THE UPDATED IGA WTH MARICOPA COUNTY FOR EMERGENCY OPERATIONS PLAN. AGENDA ITEM #7 - CONSIDERATION OF APPROVING THE RENEWAL OF CONTRACT #02-01, ANNUAL LANDSCAPE CONTRACT, WITH PRICE ADJUSTMENTS BASED ON THE CONSUMER PRICE INDEX. Councilman Archambault MOVED to approve the Consent Agenda as read (Items 1 through 7 with Item#8 removed) and Councilman Melendez SECONDED the motion.A roll call vote was taken with the following results: Councilwoman Nicola Aye Mayor Nichols Aye Councilman Kavanagh Aye Councilwoman Stevens Aye Councilman Melendez Aye Vice Mayor Ralphe Aye Councilman Archambault Aye The motion CARRIED UNANIMOUSLY(7 to 0). AGENDA ITEM #8 - CONSIDERATION OF APPROVING THE SETTLEMENT AGREEMENT WITH BROWN AND BAIN. Mayor Nichols requested that Town Attorney Andrew McGuire, provide a brief update on this agenda item. Mr. McGuire discussed the length of time this issue had been ongoing. He said that the firm of Brown and Bain performed services for the former Fire District between the transition period with the Town and added that the Town was not in a position to pay them for those services and a suit was subsequently filed. He explained that after the arbitrator ruled in favor of Brown&Bain, staff believed it to be prudent for the Town to present a settlement offer that was approximately what was offered previously. During negotiations, a resolution was reached. He said that a significant amount of money would be saved due to the fact that the Town would not have to argue this case throughout a prolonged trial process. Mayor Nichols thanked Mr. McGuire for his overview and asked if any requests to speak had been received. There being none,the Mayor asked for a motion on this agenda item. Councilwoman Nicola MOVED and Councilman Archambault SECONDED a motion to approve the settlement greement with Brown and Bain. MOTION CARRIED UNANIMOUSLY (7 to 0). E:\MINUTES\Minutes 07-01-03 council meeting.doc Page 2 of 18 AGENDA ITEM #9 - PUBLIC HEARING TO RECEIVE COMMENTS ON AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS BY REZONING +/- 1.71 ACRES OF LAND ALONG SHEA BOULEVARD FROM R1-43, SINGLE FAMILY ZONING DISTRICT, TO C-1, LNEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT. CASE NO.Z2003-05. Mayor Nichols declared the public hearing on this agenda item open at this time. Planner Denise Ruhling addressed the Council regarding this agenda item and said that it was an application from Stuart Rider to rezone an approximate 1.71 acre lot on Shea Boulevard from R1-43, single-family residential to C-1 neighborhood commercial and professional zoning. She referred to slides displayed in the Council Chambers and noted that lots 5 and 6 were recently rezoned and noted that the process had been a lengthy one due to compatibility issues associated with the previous General Plan. Discussion ensued relative to surrounding zoning and the fact that Staff believed the proposed one-story retail and restaurant uses were compatible with and appropriate for the area, the fact that the applicant was targeting infra-city commuters and hoped to provide businesses that would not compete with the local downtown retail traffic; proposed landscaping (a row of trees that the project owner would maintain) to buffer the project from the residents located directly to the south of the site; the fact that to date Staff has not received any letters in opposition to this particular rezoning and that the proposal was compatible with the rezoning that was approved by the Council on February 20th. Ms. Ruhling advised that Engineering had reviewed the request and provided stipulations consistent with the stipulations given during the rezoning of lots 5 and 6. She added that the stipulations were site-design based and would be addressed at site/concept/building plan review. Ms. Ruhling also stated that the Planning and Zoning Commission reviewed this application at a public hearing held on June 12, 2003 and recommended approval by a unanimous vote. Ms. Ruhling stated the opinion that based on the project's potential to add to the economic base to the Town of Fountain Hills and upon previous zoning approvals. Staff recommended approval of the request with the stipulations as outlined 'ly the Engineering Department. Town Clerk Bev Bender advised that no requests were received to speak on this issue and the Mayor declared the public hearing closed. AGENDA ITEM #10 - CONSIDERATION OF ORDINANCE 03-16, AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS BY REZONING +/- 1.71 ACRES OF LAND ALONG SHEA BOULEVARD FROM R1-43, SINGLE FAMILY ZONING DISTRICT, TO C-11 NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT. CASE NUMBER Z2003-05. Councilman Archambault MOVED and Councilwoman Nicola SECONDED a motion to approve the request and adopt Ordinance 03-16. In response to a question from Councilwoman Stevens relative to whether the applicant agreed with the stipulations that were being presented, Ms. Ruhling said that the applicant was aware of the fact that the stipulations included a requirement that he must work with the Town of Fountain Hills to reach an acceptable conclusion relative to the stipulations outlined by the Engineering Department. She added that Staff expected that during the site plan review process, a number of the current stipulations might be somewhat "relaxed" and not as "severe" as currently stated but others would absolutely need to remain in place. She said that Mr. Rider agreed with these terms as outlined. Councilman Kavanagh said that his major concern was adequate screening to protect the residential neighborhood and obscure dumpsters and items of that nature. Ms. Ruhling expressed the opinion that sufficient screening was being proposed and agreed to by the applicant. The motion CARRIED UNANIMOUSLY(7 to 0). E:\MINUTES\Minutes 07-01-03 council meeting.doc Page 3 of 18 AGENDA ITEM #11 - PUBLIC HEARING TO RECEIVE COMMENTS ON A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW TRUCK RENTAL AT 9264 TECHNOLOGY DRIVE, AKA, FOUNTAIN HILLS BUSINESS PARK REPLAT,BLOCK 6,LOT 1. CASE NUMBER SU2003-05. iviayor Nichols stated that this item was a public hearing to allow comments to be heard and declared the public hearing open at this time. Town Manager Tim Pickering indicated that Ms. Ruhling would provide an overview of this issue and expressed appreciation to U-Haul for their cooperative efforts. Ms. Ruffling said that this was a request for a Special Use Permit to allow truck rental in an industrially zoned area. She referred to slides displayed in the Council Chambers and noted that the site was currently referred to as the "U-Haul" site and was located at 9264 Technology Drive. She noted that the site currently housed a mini-storage facility and the - request was to allow truck rentals to occur in this area. She noted that previously the Town had not allowed truck rentals to take place in industrial zoned areas but added that a text amendment was previously done to allow this use to be approved. She said that U-Haul was the first applicant to apply for this use and said that Staff believed the use was compatible with the area and added that the application met all Town of Fountain Hills'Zoning Ordinance requirements. Discussion ensued relative to the fact that one of the concerns brought forward by the Planning and Zoning Commission as well as adjacent residential development had to do with landscaping and buffering and the fact that the proposed plan provided for landscaping to be put in place that would screen the trucks but not necessarily keep them behind closed doors;the fact that a nicely screened fence was being proposed to serve as a buffer;the fact that the entire site would also be screened by a masonry wall to the rear and sides and a wrought iron fence with slats to the front of the property; the fact that at the "very most" only the top portion of trucks would be able to be viewed; the fact that the text amendment that was approved allowed for a minimum of four trucks to be on site and that parking be provided for those and the fact that Staff had determined that based upon parking shown on the site plan, this site would allow up to six rental trucks to be stored on site; the fact that any additional trucks would be removed immediately to the site in Scottsdale; and the fact that adequate parking was provided for up to six trucks, Ms. Ruffling reiterated Staffs opinion that the request be approved and noted that the Planning and Zoning Commission had also reviewed the plan and recommended approval. She said that the applicant was present and would like to address the Council. In response to a question from Councilman Archambault, Ms. Ruffling advised that the property was under a PUD and added that before the Council approved the text amendment, the ordinance did not allow for any car or truck rental to occur anywhere other than in C-3 zoning districts. Councilman Archambault stated the opinion that the PUD that was on this property was the same as the one on his property and said it was his understanding that rentals were not allowed. Ms. Ruhling commented that she did not remember reading anywhere that truck rentals were not allowed on this site but indicated her intention to double check this matter. Todd Williams, 2727 North Central Avenue, Phoenix, the applicant in this case, said that they were happy that they had reached this point and that the process had been a long but productive one. He expressed his appreciation to the Town of Fountain Hills for efforts to work with U-Haul on this request said that they were basically happy with all that Staff had done and the information included in their presentation,including all of their recommendations. Councilman Melendez commended Mr. Williams for presenting positive comments relative to Staff. Mayor Nichols also complimented the applicant on his efforts to work with the neighbors in an effort to alleviate their concerns. Here being no requests from the public to speak on this issue,the Mayor declared the public hearing closed at this time. E:\MINUTES\Minutes 07-01-03 council meeting.doc Page 4 of 18 AGENDA ITEM#12- CONSIDERATION OF APPROVING A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW TRUCK RENTAL AT 9264 TECHNOLOGY DRIVE, AKA FOUNTAIN HILLS BUSINESS PARK REPLAT,BLOCK 6,LOT 1. CASE NUMBER SU2003-05. Mayor Nichols said that he would entertain a motion on this item. Councilman Kavanagh commented that in terms of neighborhood groups, this issue has been one of the most contentious brought before the Council and complimented everyone involved on their efforts to bring this issue to a successful, positive conclusion. He also commended Staff,particularly the Town Prosecutor,on their extensive efforts. Councilman Kavanagh MOVED to approve the request for a Special Use Permit to allow truck rentals at 9264 Technology Drive. The Mayor clarified that the motion was to approve the issuance of the Special Use Permit and Councilwoman Nicola SECONDED the motion. MOTION CARRIED UNANIMOUSLY(7 to 0). AGENDA ITEM #13 - CONSIDERATION OF APPROVING THE PRELIMINARY PLAT FOR THE "TREVINO BUSINESS CENTER," WHICH IS A 9-BUILDING OFFICE COMPLEX LOCATED AT THE NW CORNER OF TREVINO DRIVE AND SAGUARO BOULEVARD, AKA 9700 SAGUARO BOULEVARD, CASE NUMBER S2002-55. Senior Planner Dana Burkhardt addressed the Council relative to this agenda item and noted that this request was for Preliminary Plat approval for the Trevino business Center, a nine-building, 28-unit professional office condominium project located on an un-platted parcel of land located at the NW corner of Trevino Drive and Saguaro Boulevard (9700 Saguaro Boulevard). He advised that the Town Council, on June 19, 2003, approved an Alternative Hillside Development Agreement with the developer of this project. Mr.Burkhardt referred to slides depicting the site plan and briefly highlighted the contents of that site plan. Discussion ensued relative to hillside protection easements and buffers that were approved as part of the development agreement; the fact that the Planning and Zoning Commission recommended approval; Staffs opinion that the project conformed to all of the minimum zoning district and subdivision regulations with one exception regarding the proposed site screen wall to be located along the northern property line and Staffs desire that additional time be granted to work with the adjacent property owners in an effort to successfully address their concerns; the fact that success had been made to date, Staff believed that an appropriate solution had been developed and felt the additional time would allow conclusive concurrence to occur; and questions that had been raised relative to the Trevino Drive improvements. Mr. Burkhardt referred to slides of the plan outlining proposed curb locations and a "widening" of the Trevino right-of- way; vehicle ingress/egress located on the north side of Trevino Drive, the fact that the eastern access point was the primary entrance to the site and was designed with two one-way aisle access aisles separated by a six-foot raised median; the added fact that the primary entrance was aligned for safety with the existing curb cut located on the south side of Trevino Drive; the fact that the interior drive aisles and parking areas met the minimum dimensions and locations required by the Zoning Ordinance and the fact that the developer intended to cover a majority of the parking spaces with metal parking canopies. Mr. Burkhardt noted that an adjacent property owner had an issue that remained to be worked out with the developer and the fact that the developer was willing to provide the additional requested improvement, which was "tapering or re- grading" the access entrance to a certain portion of the commercial development and also to provide landscaping and a "tree line" on the south side of Trevino Drive in an effort to enhance the frontage of the existing project. He discussed Staffs opinion that the existing natural buffer, the difference in grade between the properties, and the iiiii.ettaining/screen walls would provide adequate buffering/screening from the adjacent residences. E:\MINUTES\Minutes 07-01-03 council meeting.doc Page 5 of 18 Additional discussion ensued relative to the construction of a "meandering sidewalk" that would provide pedestrian access; the fact that on June 26, 2003, the Planning and Zoning commission recommended unanimous approval of the project and the fact that Staff was recommending that a stipulation be added prior to final plat approval, requiring the developer to provide the Town with a written and notarized mutual agreement between the abutting property owners and NaPethe developer,to satisfy the site-screening requirement;and the fact that Staff had provided options relative to this issue. Mr.Burkhardt reiterated that Staff recommended approval of the request. Councilman Melendez complimented Mr. Burkhardt on his presentation and said that he received a telephone call from the property owner who lives directly across the street,Mr. John Gilligan, who was requesting that the Council postpone this item. He said that Mr. Gilligan had strong objections to the project as far as "safety" was concerned and added that he indicated that Mr. Mark Kramer, the owner of McDonald's, also had strong objections. He said that based on these concerns, and in an effort to be fair, he would recommend that the issue be continued to allow additional discussion to occur. Councilman Melendez MOVED that consideration of approving the Preliminary Plat for the "Trevino Business Center, located at 9700 Saguaro Boulevard (Case Number S2002-55) be CONTINUED. Vice Mayor Ralphe SECONDED the motion. Councilman Kavanagh said that he would have seconded the motion prior to this afternoon because he also received a telephone call from Mr. Gilligan and that was the reason why he spoke with Mr. Burkhardt and requested that the stipulation language be amended. He said that his understanding, based on the wording that had been provided by Staff, meant that if the Council passes this tonight, they were not deciding upon the Trevino improvements, and that between now and final plat approval, Mr. Gilligan and other residents in the area with similar concerns, would be provided the opportunity to sit down with the developer and "work out"the roadway problems. Mr. Burkhardt concurred with Councilman Kavanagh's summation and reiterated that additional options had been developed and the developer was aware of those alternative options that Staff had developed. Councilman Kavanagh reiterated that approval tonight would allow the project to proceed but would still keep the final plans for the roadway flexible so that between now and final plat approval, the residents would have the opportunity to provide input and additional discussions/negotiations could occur. Discussion ensued relative to the preparation of an Engineering study relative to the three lanes and the location of tapering from three lanes down to two and the fact that this would result in minimum impact. In response to a request for legal clarification from Councilman Kavanagh, Mr. McGuire, the Town Attorney, concurred that a motion had been made and seconded to continue and the only discussion that should occur at this point is whether to approve the continuance. A roll call vote was taken with the following results: Councilman Melendez Aye Councilman Kavanagh Nay Councilwoman Nicola Nay Councilwoman Stevens Aye Councilman Archambault Nay Mayor Nichols Nay Vice Mayor Ralphe Aye The motion FAILED due to a lack of achieving majority vote(4 to 3). LDiscussion ensued relative to the fact that debate was limited as to whether or not to continue the case. E:\IvIINUTES\Minutes 07-01-03 council meeting.doc Page 6 of 18 Mayor Nichols commented that an individual informed him that one of the concerns regarding this case was that the entrance would be shortened or entrance problems would arise. He stated that after speaking with Mr. Burkhardt, he believed that the widening would result in an increase rather than a decrease in safety. He also pointed out that this was a Preliminary Plat and additional opportunities for further discussion/negotiations would occur. He explained that this was liethe reason why he did not vote in support of the continuance. Councilwoman Stevens stated the opinion that she and the public would like to know what that intersection was ultimately going to look like, where it would be three or two lanes, and what was going to happen to the driveway located across the street. She said this was why she voted in support of the motion to continue. Vice Mayor Ralphe also spoke in support of seeing the "entire picture" at another meeting where everyone in the community with any interest at all in this issue could listen to presentations, be provided another opportunity to review the entire plan and provide input relative to what was being presented. She stated the opinion that the citizens had not been provided appropriate notification of this issue from a timing point of view and she believed that a continuance was in order. Mr. Burkhardt briefly discussed the notification process and advised that the site had been properly posted for the past thirty days and a significant amount of communication between the developer and the adjacent property owners had taken place. Town Clerk Bev Bender indicated that Mr. Wayne Tall has submitted a request to speak on this item and the Mayor requested that he come forward at this time and present his comments. Mr. Wayne Tall, 14167 Keota, said he was speaking as a citizen of Fountain Hills, and he frequently traveled down Trevino to access the Beeline Highway. He expressed the opinion that around lunchtime, a large number of construction type vehicles, many towing trailers behind them, parked along Trevino while the owners ate at the restaurants located there. He said he did not know where they would be able to park if this type of change was approved and added that there should not be parking on the road. He discussed safety and security concerns and stated the opinion that it was ,.ncumbent upon the business owners at that location to look into where the parking would occur. Mr. Carl Bommarito, the developer in this case, 17100 East Shea Boulevard, discussed extensive efforts that had been expended to work with Staff and communicating with adjacent neighbors and property owners to resolve issues of concern and ensure that the proposed changes enhance rather than negatively impact overall safety. He noted that traffic studies had been prepared,various traffic related issues and road alignment changes had been made, and cooperation had been expended in every aspect of this project. He said that he was very flexible as to road alignments and willing to continue to work to ultimately alleviate concerns and reach a successful conclusion. He agreed that traffic problems existed on Trevino and said that they were just as anxious to relieve those problems. Mr. Bommarito informed the Council that part of the plan was to place "No Parking" signs on Trevino and to widen the road to improve it overall as well as the situation on Shea so that every single car that wanted to go into McDonald's did not have to "circle around" to Saguaro and come back through Trevino and come around the back side. He encouraged the Council to talk to the Public Work's Staff, and said they would verify efforts that had been made to address Mr. Gilligan's concerns for quite some time. He added that he had known Mr. Gilligan for a long time and considered him a friend, but the fact that he waited until five hours before the meeting to contact the Councilmembers to express concerns was inappropriate and unfair based on the fact that discussions had occurred over the past three months and they had encouraged him to come in and meet with Staff and the developer in an effort to resolve his concerns. In response to a question from Councilman Archambault, Mr. Burkhardt advised that Staff had contacted the individual owner of the McDonald's franchise and notified him that the developer was willing to pay for a portion of the costs associated with the lane to access McDonald's. He added that Staff had also developed five additional options that they believed would alleviate traffic concerns on Trevino Drive. E:\MINUTES\Minutes 07-01-03 council meeting.doc Page 7 of 18 Discussion ensued relative to the fact that if the adjacent property owners did not agree to the improvements as proposed, the road would not be widened to the extent shown; and a clarification relative to the fact that land would not be "taken" from the property owners in order to widen the road. The Mayor said that at this time he would entertain a motion for approval of the Preliminary Plat. Councilman Kavanagh MOVED and Councilman Archambault SECONDED a motion to approve the Preliminary Plat for the "Trevino Business Center," 9700 Saguaro Boulevard, Case No. S2002-55. Councilman Kavanagh indicated that he wanted to clarify one point. He said that he spoke with Mr. Burkhardt earlier today and requested that he modify the third stipulation so that they would leave the meeting this evening without having made a final decision on that road. He said that his intent was to provide Mr. Gilligan and other concerned citizens with a guarantee that they would have an additional month to meet and discuss their issues and concerns with Staff and the developer in an effort to work out a mutually agreeable solution. He added that at the end of the 30-day period, when the meeting was held, any citizen wishing to provide input would be provided the opportunity to do so. He emphasized that his motion did not in any way deprive Mr. Gilligan and other citizens of their right to provide input, but rather guaranteed their right to provide input. Councilman Kavanagh said that it was his understanding that if the Council voted to approve this request this evening, the road issue would remain an open issue and Mr. Gilligan and any other citizens would have the opportunity to present their comments prior to action being taken on the road issue. Mr. McGuire concurred that what Councilman Kavanagh stated was the intent of the motion and reflected Staffs desires as well. Councilman Archambault requested that Mr. Burkhardt read into the record amended stipulation #3. Mr. Burkhardt stated that he would suggest a stipulation that read as follows: "That the developer, Town and adjacent property owners will participate together to develop a mutually agreeable right-of-way improvement on Trevino Drive and other rights- „f-way." He noted that this stipulation would be amended by Staff and presented at the time of final plat approval. In response to a question posed by Councilwoman Stevens,Mr. McGuire stated that in this particular situation,one of the stated stipulations would be to figure out what was going to happen on the road and added that therefore final plat approval would be consistent with the preliminary plat as long as the alignment was one that had been presented. Vice Mayor Ralphe said that she did not think it was a "bad idea" to proceed with the plat and down the road work out the various roadway details, but stated the opinion that it represented a "piecemeal approach" and that the better plan would be to have all interested parties get together in this room to look at the total picture, including the roadway, and to make all the decisions at one time. Additional discussion ensued relative to the fact that the Council would essentially be approving the "initial look" of the property and that details would be worked out relative to the road and safety issues; the fact that approval would allow the developer to go forward with the construction drawings for the site grading, and traffic studies would continue; site screening and letters that Staff had received from adjacent property owners opposed to the construction of an 8-foot wall along the property line that would essentially block their view; the fact that zoning requirements called for the construction of an 8-foot wall but this was something the adjacent property owners strongly opposed; the fact that proposed/approved site screening would be recorded, notarized and made part of the permanent record; and concurrence on the part of the Town Attorney that if the property owner across the street did not want to enter into the agreement proposed by Trevino Properties, the case would come before the Council for consideration at the time of final plat approval and the Council would be given the opportunity to decide the issues. A roll call vote was taken with the following results: Councilwoman Stevens Aye Councilwoman Nicola Aye E:\MINUTES\Minutes 07-01-03 council meeting.doc Page 8 of 18 Vice Mayor Ralphe Nay Councilman Kavanagh Aye Councilman Archambault Aye Councilman Melendez Nay Mayor Nichols Aye The motion CARRIED BY MAJORITY VOTE(5 to 2). AGENDA ITEM #14 - CONSIDERATION OF APPROVING A REQUEST FOR A CUT/FILL WAIVER FOR FIREROCK COUNTRY CLUB PARCEL I, LOT 5, AKA 9145 N. VISTA VERDE COURT, CASE NUMBER CFW2003-04. Senior Planner Dana Burkhardt provided the Council with an overview of this agenda item and noted that it represented a - request by Ben Sheier for a 13-foot cut in excess of the ten-foot maximum allowed by the Town of Fountain Hills Zoning Ordinance. He noted that the majority of the proposed cut in excess of ten feet was concealed beneath the footprint of the house, though a small portion was located at the exterior pool area. He stated that the majority of the cut beyond ten feet was located in the basement level where the "Entertainment/Bar Area and the Basketball Court" were located and would not be visible from the exterior of the building. Mr.Burkhardt referred to slides displayed in the Council Chambers and stated that Staff had identified three objectives in reviewing cut and fill waiver requests for single family residences, namely, (1) To reduce the visual impacts of the proposed development as viewed from adjacent properties and rights-of-way; (2) To review the lot measures applied by the designer to minimize the amount of cut and fill on the lot; and (3) To consider possible alternatives to the proposed plan that would conform to the ten-foot maximum cut or fill. He added that Staff recommended approval of the request due to the fact that there was no exterior evidence of a cut waiver being granted. He added that the Planning and Zoning Commission unanimously recommended approval of the cut and fill waiver with a stipulation and the Commission agreed with the fact that there would be no exterior evidence that a cut waiver existed,and therefore the impact of the cut on the surrounding properties and the community was not noticeable. He said that Staff also recommended that a ,,,tipulation be added that required that the exterior areas of the house plan maintained a maximum ten-foot cut. Discussion ensued relative to the fact that no basement ordinance existed; the fact that the approval or denial of this request would set a future precedent relative to basements; the fact that the Town's cut limit had always been 10 feet;the large size of the home, 7,006 square feet, and the fact that the Staff Report indicated that 53% of that would be in excess of ten feet and therefore in violation of the Town's ordinance; Staffs opinion that each situation had to be reviewed on a case-by-case basis and the fact that in this particular case, there would be no visual impact and that was the reason why Staff was recommending approval; Councilman Kavanagh's comment that as long as he had served on the Council, a policy of approving cuts when they were not visible had been in effect and the importance of maintaining consistency; and the fact that the request represented approximately ten times the currently allowed footage in accordance with the current ordinance. Ms. Bender advised that no comment cards had been submitted by citizens wishing to speak on this item. Mayor Nichols called for a motion on this item. Councilman Kavanagh MOVED and Councilwoman Nicola SECONDED a motion to approve the request for a cut/fill waiver for Firerock Country Club Parcel I,Lot 5 at 9145 N. Vista Verde Court,Case Number CFW2003-04. Councilwoman Stevens stated the opinion that houses should be designed to fit upon the sites where they would be located and therefore she would not vote in support of approving this request. She commented on the fact that houses could be built with basements without the benefit of a waiver and added the opinion that a 23-foot basement was somewhat excessive. She noted the amount of site work that would be required and said that although waivers might be ranted under certain circumstances, she did not believe that this particular case should be approved. E:\ IINUTES\Minutes 07-01-03 council meeting.doc Page 9 of 18 Councilman Archambault noted the height limitation that was currently allowed on this site and spoke in support of not setting a precedent for future similar requests. He indicated that he could not support the motion. He added that he believed the Council was being "tested" in this particular situation and future discussion should occur relative to this matter. Vice Mayor Ralphe concurred with Councilwoman Stevens' comments and expressed the opinion that it would not be prudent to allow this cut. She added, however,that she was also concerned that voting against the request would put out the "wrong message" and indicate that the Council was against all basements. She emphasized that this was not the situation and every request must and would be considered on a case-by-case basis. She agreed with the importance of not setting a precedent. In response to questions from Councilman Kavanagh,Mr. Burkhardt confirmed that the entire area would be hidden from view; conformed to the Town's height requirements; the fact that future projects proposed for this site could have more - serious impacts on the area and could be constructed higher that the current proposal. He spoke in support of approving the request. Councilwoman Nicola concurred with Councilman Kavanagh's comments and said that in the past, requests had been approved when the cuts were not visible. She added the opinion that this was the intent of the ordinance and said she would vote in favor of approving the request. Mayor Nichols also spoke in support of allowing the waiver based on the fact that the cut would not be visible. He asked if the applicant was there to present comments. Kevin Wright with the firm Kustom by Design, the general contractor for the project, 4122 E. McClellan, Mesa, addressed the Council and clarified that the home overall had 26,000 square feet that would be covered. He added that when you looked at it from that perspective, they were only requesting an additional 7,000 square feet. He noted the extensive amount of time and money the owner had put into this project in an effort to avoid retaining walls and to "bury the home into the mountain." Additional discussion ensued relative to costs associated with"digging down" in order to avoid visibility; the contractor's contention that approximately 25% of the actual area of the home would be over the ten-foot limit; a comment from Councilwoman Stevens that the house could not be "spread out over the lot" as indicated by the contractor since the plans already exceed their mass limit; her appreciation for the fact that the applicant had expended effort but her opinion that a house did not appear to be part of the "natural environment" at this location. Mr. Burkhardt noted that MCO had a lot of land left and there would most likely be some left after all of Firerock had been developed, so they had not exceeded their mass limit. He noted that the 31,000 square feet of disturbance was not "cut in stone." Councilman Melendez commented that he liked to see big, beautiful homes built in the community but he would vote against this request as a matter of principal. He expressed the opinion that approval would set a precedent and he did not believe voting in support would be the appropriate manner in which to proceed. A roll call vote was taken with the following results: Vice Mayor Ralphe Nay Mayor Nichols Aye Councilman Melendez Nay Councilwoman Nicola Aye Councilwoman Stevens Nay Councilman Archambault Nay Councilman Kavanagh Aye The motion FAILED due to a lack of achieving a majority vote (3 ayes,4 nays). E:\MINUTES\Minutes 07-01-03 council meeting.doc Page 10 of 18 AGENDA ITEM#15 - PUBLIC HEARING FOR THE CONSIDERATION OF ORDINANCE 03-24, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF ,►VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET,TO PROVIDE FUNDS FOR BOND REDEMPTION,FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE,2004. Mayor Nichols declared the public hearing open at this time. Accounting Supervisor Administration, Julie Ghetti, addressed the Council relative to this agenda item and explained that when the Council adopted the budget last month, they adopted the debt retirement section, which was to retire outstanding current debt. She explained that approval of this item represented the final step in the budget process and authorized the Maricopa County Finance Department to levy the appropriate property tax on the General Obligation Bonds ($1,540,000, approved by the voters) on the secondary property tax, which was necessary for Fiscal Year 2003- 04. She reported that the monies would be used for the street paving project, the Lakeside open space, the Library/Museum and the open space preservation bonds. She noted that based on the final assessed property valuation ($323,385,230), this would represent an approximate $47.16 per $100,000 residential property. Ms. Ghetti advised that Staff recommended approval of the ordinance. There being no citizens present wishing to speak on this item,the Mayor declared the public hearing closed. AGENDA ITEM #16 - CONSIDERATION OF ORDINANCE 03-14, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET,TO PROVIDE FUNDS FOR BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON ONDED INDEBTEDNESS;ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE 2004. Vice Mayor Ralphe MOVED and Councilman Melendez SECONDED a motion to approve the adoption of Ordinance 03-14. MOTION CARRIED UNANIMOUSLY(7 to 0). AGENDA ITEM#17 - PUBLIC HEARING FOR THE CONSIDERATION OF ORDINANCE 03-15, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE COTTONWOODS MAINTENANCE DISTRICT SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET TO PROVIDE FUNDS FOR MAINTENANCE OF CERTAIN PEDESTRIAN AREAS, PARKING AND PARKWAYS, ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE,2004. Mayor Nichols declared the public hearing open at this time. Accounting Supervisor Administration, Julie Ghetti, also addressed the Council relative to this agenda item and stated that in approximately 1996, the Council formed a Special District in the Cottonwoods subdivision. She explained that this was done so that the Town could maintain the common pedestrian, parking and parkways property within the boundaries of that district. She said that the costs were repaid through ad valorem taxes collected from every property owner (58) within that district. She stated that the proposed ordinance authorized the Maricopa County Finance Department to levy the appropriate property tax necessary for Fiscal Year 2003-04. She reported that the proposed tax levy was approximately $57.15 annually on those homeowners. She added that this tax would continue to be levied on an annual basis,allowing the Town to continue to maintain those areas. here being no citizens present wishing to speak on this agenda item,the Mayor declared the public hearing closed. E:\MINUTES\Minutes 07-01-03 council meeting.doc Page 11 of 18 AGENDA ITEM #18 - CONSIDERATION OF ORDINANCE #03-15 LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE COTTONWOODS MAINTENANCE DISTRICT SUBJECT TO TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION t UFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO ROVIDE FUNDS FOR MAINTENANCE OF CERTAIN PEDESTRIAN AREAS, PARKING AND PARKWAYS,ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE,2004. Councilwoman Stevens MOVED and Vice Mayor Ralphe SECONDED a motion to approve the adoption of Ordinance #03-15. MOTION CARRIED UNANIMOUSLY(7 to 0). AGENDA ITEM #19 - CONSIDERATION OF APPROVING THE WILLDAN PROPOSAL TO PROVIDE PROFESSIONAL ENGINEERING, ARCHITECTURAL AND PLANNING OVERSIGHT FOR TRANSITION OF CODE ENFORCEMENT SERVICES. Town Manager Tim Pickering provided a brief overview of this agenda item and explained that although Staff did not anticipate this at the beginning of the year, they were recommending approval of this item. He discussed a number of changes that had occurred within the Building Department and said that the Building Code Official, Peter Johnson, who would supervise the Code Compliance Inspectors, had a large workload currently because the Town's two Plan Reviewers resigned a few weeks ago and he now had to review plans. He added that Mr. Johnson was also training a new Building Inspector and stated the opinion that adding the supervision of two additional employees at this time would impede the Town's ability to inspect buildings and review incoming plans. Mr. Pickering assured the members of the Council that if the Building Division was running smoothly and was fully staffed, he would be more comfortable making the code enforcement transition without hiring a consultant, however, at this point in time that was not the case, and he reiterated that he recommended that the Council approve this request. Mr. Pickering provided background information relative to the Willdan Company and noted that the Town had used the Company in the past. He noted that the company would assist the Town in selecting/training the Code Enforcement Officers and in setting up the Department. He commented on the fact that the Council had indicated support for strong, likoohorough, and consistent code enforcement and said that this was what Staff was attempting to do. He reported that the cost for the contract was a maximum amount of$33,000 and covered 250 hours anticipated for the entire six months of the contract. He emphasized that it might not be necessary to spend the entire amount in order to accomplish their goals. He commented that Staff also checked out other training opportunities for Code Enforcement Officers and said that there was a local association (the Code Enforcement League of Arizona, C.E.L.A.),that they were very lucky to have based in Arizona. He pointed out, however, that this contract had to do with the supervision and the actual set-up of the Town's Code Enforcement Program. Mr. Pickering advised that the Willdan Company was based out of Phoenix but also out of California and explained that Mr. John Poole was based in California. He said that Staff was proposing that Mr. Poole become the Town's on-site provider of Code Enforcement management services. He noted that Mr. Poole had over 25 years of experience in this area and was the recently retired Director of Code Enforcement for the City of Anaheim, California. He also noted that currently Mr. Poole was scheduled to be under contract with the City of North Las Vegas to begin their apartment inspection program. He added that he and the Director of Public Works interviewed Mr. Poole and believed his unique background would serve Fountain Hills well during this start-up period. He added that Mr. Poole was present and willing to address any questions from the Council and introduced him to the members. Mr. Poole addressed the Council and stated that there were a couple of additional, pertinent code enforcement-related comments he would like to make. He commented that with the transition of the duties from the Marshal's Office to the Building Department, an opportunity existed within the Town to develop an efficient and effective Code Enforcement program. He indicated his intention to come on board and work with Town Staff to accomplish this goal that would serve the citizens of the Town in the best possible manner. He said it had been his experience that most people would comply with regulations as long as you provided them the opportunity to do so and that was the type of program the ompany envisioned for the Town. E:\IvIINUTES\Minutes 07-01-03 council meeting.doc Page 12 of 18 Additional discussion ensued relative to the fact that Mr. Poole,Mr. Pickering,and the Public Works Director Tom Ward shared similar views on how Code Enforcement should be carried out; his experience in this area; the fact that he prided himself on his ability to develop and carry out programs that were "problem solvers" while remaining "humanistic;" the importance and benefits of achieving voluntary compliance in this area; holding people who did not comply accountable Nose for their actions after offering them sufficient opportunities to comply; the importance of maintaining the quality of life within the community; the fact that Mr. Poole taught Code Enforcement procedures for various major universities and associations and his belief that his company could bring to the Town a very important program and transition it in such a manner that would ensure that the Town got the most "bang for the buck." Councilman Kavanagh expressed concerns he had relative to the number of Code Enforcement Officers and said that budgeting had been approved for three but that was obviously not "written in stone." He questioned whether Mr. Poole would look into this area as part of his responsibilities. Mr. Poole provided a brief outline of his anticipated "scope of work" and noted that he believed it included reviewing current Town Codes in an effort to improve them and achieve cost recovery, while ensuring that good service was being provided at all levels. Discussion ensued relative to determining proper staffmg levels to ensure that the job was carried out in the most efficient, effective manner; complaint analysis that would take place; response times; obtaining input from the Marshal's Office relative to this matter; the fact that although the hiring of three Officers appeared reasonable at this time, he intended to work closely with Staff to ensure that the best possible coverage was provided. Councilwoman Nicola congratulated Mr. Poole on his expertise and thanked him for his past efforts to assist the Town. She said that although she did recognize his years of service and knowledge, she did have some concerns relative to this proposal. She explained that the Town Manager informed the Council last December that a study had been conducted and he felt that three civilian Code Enforcement Officers was what the Town needed to maintain or increase the level of service provided in this area. Councilwoman Nicola pointed out that the Staff Report indicated that the third position might not be filled at all if the Town proceeded with the contract and said that she would rather invest the funds in long- „erm employees who would remain on the job. She expressed the opinion that a need did not exist for a consultant to develop this area and added that she recognized that some members of Staff were over-burdened due to cuts that perhaps went"too deep" but cautioned against"putting a band aid" on it by spending money for a consultant. Councilwoman Nicola agreed with the importance of getting the Department up and running with employees who would be able to continue to carry out the responsibilities of this position and expressed concerns relative to the strong learning curve that she believed the consultant would have to achieve. She questioned whether this would also further delay the process. She reiterated her appreciation of and respect for Mr. Poole's background and expertise but said that she preferred that the Town hire permanent employees rather than contract out for the services of a consultant. Councilman Melendez asked Mr. Poole whether he was aware of the fact that last year the Town had over 600 sign violations and only four citations were issued. Mr. Poole responded that he was made aware of this fact that signage was a concern but did not realize that only four citations were issued last year. Councilman Melendez stated the opinion that Code Enforcement was an extremely important area and agreed that the Council was previously told that three full-time Code Enforcement Officers would be hired. He emphasized the importance of proceeding full steam ahead in this area and questioned whether someone from California rather than someone who was familiar with the Town of Fountain Hills should be charged with this important responsibility. In response to a question from Councilman Melendez relative to doing something on a local basis, Mr. Pickering stated that C.E.L.A. was a State organization that provided training and assistance and certified officers but did not provide on- site supervision,which was what the Town would be actually contracting for. He added the opinion that the Town would in essence have three individuals working on Code Enforcement from the outset since two would be hired right away and contract employee, Mr. Poole, would also be working in this important area and helping to set up the program. He ,,„ided that at the time that was done, efforts would be expended to determine whether the hiring of a third Officer was warranted and necessary. E:\MINUTES\Minutes 07-01-03 council meeting.doc Page 13 of 18 Discussion ensued relative to costs and the fact that traveling expenses could significantly add to the total amount of the proposed contract; the possibility of utilizing those funds instead to hire and train the third officer that Mr. Pickering previously indicated was needed; information that had been obtained from the Marshal's Office and Staffs inability at 14/1/0"this point in time to determine whether violations would increase or decrease depending upon the actual type of enforcement that was ultimately put into place; the fact that monies would be available to hire a third Officer if that was ultimately determined to be necessary; the fact that monies for the hiring of consultants was included in the budget; and the fact that the maximum contract amount would be$33,000 and most likely would come in below that amount. Councilman Archambault reported that the Council voted 4 to 3 on a resolution on April 3rd to not do anything with the Marshal's Department and said that they had not yet received a written confirmation from the Department of Justice and expressed concerns relative to moving forward on this issue without first receiving written confirmation. He added the opinion that better ways existed in which to spend those monies, such as expending funds to hire a search firm that would locate a person who had the right experience who could then be permanently hired by the Town to carry out and manage this responsibility. He said that this was not a "last minute situation" and it would be better to spend some time and money to find someone who would be the "right fit" for this important position. Additional discussion ensued relative to this issue and Mr.Pickering commented on the fact that changes in staffing were made to reduce the number of managers and the person who could manage this department just happened to be overloaded at the current time; the fact that they had no way of knowing that two members of staff would resign creating such a burden on the Department; employee to manager ratios, and Mr. Pickering's opinion that they should not hire another manager. Councilwoman Nicola agreed with Councilman Archambault's comments and said that effort and monies should be expended to find someone who could be a "lead person" without being qualified and/or compensated as a supervisor. She added if additional help was needed, monies under the Professional Services line item might be used to alleviate some of the stress. councilman Kavanagh emphasized the importance of enforcing the Town's ordinances and added that the groundwork was a critical part of the entire process. He stated the opinion that the Town should take advantage of expert experience in this area and use it to develop a program that would best serve the community for many, many years. He agreed that they needed to look into the issue of how many Officers should be hired to effectively carry out this important responsibility but emphasized the importance of starting out on the right foot and doing the job right. He noted that the Town Manager did expend effort to locate someone locally but unfortunately no one could be found who could do as good a job as they believed Mr. Poole could. Councilwoman Stevens also spoke in support of contracting with Mr. Poole and utilizing his expertise in this area. She said that whether they hired two or three Officers,enforcement needs to be proactive and consistent. Councilman Melendez agreed with Councilwoman Stevens' comments and again spoke in support of approving the proposal. Mayor Nichols indicated support for the comments presented by Councilwoman Stevens and Councilmen Melendez and Kavanagh relative to the importance of enforcing Town ordinances and said that the sooner they could get there, the better off they would be. He said he would vote to approve the proposal. Councilwoman Stevens MOVED and Councilman Kavanagh SECONDED a motion to approve proceeding with the Willdan Company proposal as recommended by Staff. A roll call vote was taken with the following results: Vice Mayor Ralphe Aye Mayor Nichols Aye Councilman Melendez Aye ,,,, Councilwoman Nicola Nay Councilwoman Stevens Aye E:\MINUTES\Minutes 07-01-03 council meeting.doc Page 14 of 18 Councilman Archambault Nay Councilman Kavanagh Aye ciwThe motion was APPROVED BY MAJORITY VOTE(5 to 2). AGENDA ITEM #20 - CONSIDERATION OF RESOLUTION 2003-35 REGARDING AN INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY ANIMAL CARE AND CONTROL FOR ANIMAL CONTROL SERVICES. Julie Ghetti addressed the Council regarding this agenda item and explained that the proposed resolution established an Intergovernmental Agreement (IGA) with Maricopa County Animal Care and Control to assume animal control services within the Town of Fountain Hills. She explained that this service was previously a function of the Fountain Hills' Marshals Department that was being eliminated. She said that the services that the Marshals Department provided included animal control, licensing, and the issuance of dog tags. She added that four options were available for consideration as to the services in this area that the Town would provide, namely, (1) keep animal control and licensing in-house, which would require the hiring of 1.5 animal control officers and the fact that shelter services would be in addition to that, but staff was not recommending this; (2) contract with Animal Care and Control for the animal control but continue to provide the licensing services at Town Hall; (3)contract with Animal Care and Control for animal control but continue the licensing and increase the cost of the license fees to the same amount that the County would charge to carry out this duty; and (4)contract totally with Animal Care and Control and forfeit the fees. She added that the Town would not have to pay any shelter fees, which were approximately$12,000. Ms. Ghetti said that Staff recommended that the Town continue to provide the license service for residents at Town Hall and that they contract with Maricopa County for the Animal Care and Control services. She noted that the Sheriffs Department would field all of the animal related calls. ,They would go to them and they would then contact the County. Discussion ensued relative to shelter costs, the fact that they were assessed on a "per dog" basis; the fact that citizen complaints regarding issues such as barking dogs would be reported to the Sheriffs Department. Councilman Archambault MOVED and Councilman Melendez SECONDED a motion to approve Resolution 2003-35. MOTION CARRIED UNANIMOUSLY(7 TO 0). AGENDA ITEM #21 - CONSIDERATION OF RESOLUTION 2003-39 REGARDING INCREASED ANIMAL LICENSE FEES TO COVER THE COSTS FOR SHELTER SERVICES AND ANIMAL CONTROL. Ms. Ghetti addressed the Council regarding this agenda item and said that Staff felt that if the Town forfeited the licensing responsibilities, the residents would be required to pay the higher fees charged by Maricopa County and that in order to offset some of the costs associated with contracting out, it would be wise to raise the Town's fees and make them identical to those charged by the County ($25.00 and $10 compared to the current $15.00 and $7.00 fees). Ms. Ghetti noted that Staff recommended the option of including the increased license fees as part of the previous agenda item. In response to comments from Councilman Kavanagh, Mr. Pickering stated that Staff conducted an in-depth study on costs and said that the Town of Fountain Hills would be the only community that provided licensing at the Town Hall. He noted that all of the other communities require residents to go through the County. He added that Animal Control had advised him that one other community had tried to do this, Peoria, and it only lasted about eight months. He stated the opinion that they could be successful at this and the cost would be better if it remained in-house. He noted that on-going studies would be conducted on this issue and reports would be forwarded to the Council relative to the status of the program and Staffs continuing recommendations in this area. Ms. Bender advised that there were no requests from the public to speak on this item. ^ouncilman Nicola MOVED and Councilman Archambault SECONDED a motion to approve the adoption of ,,..esolution No. 2003-39. The MOTION CARRIED UNANIMOUSLY(7 to 0). E:\MINUTES Minutes 07-01-03 council meeting.doc Page 15 of 18 AGENDA ITEM #22 - CONSIDERATION OF RESOLUTION 2003-40 REGARDING AN INTERGOVERNMENTAL AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION TRIBAL COUNCIL TO CONTRIBUTE $50,000 IN PROPOSITION 202 FUNDING TO BE USED FOR THE PROMOTION OF TOURISM. Town Manager Tim Pickering provided a brief overview of this agenda item and explained that the proposed resolution would authorize the distribution of Proposition 202 funds for the promotion of Fountain Hills tourism, as previously discussed by the members of the Council. He discussed a meeting he had with representatives from Fort McDowell who requested that the Town prepare and submit the proposal and IGA. He noted that the proposed uses for the funds were taken from the Tourism Council's May 8th proposal. He expressed appreciation to Town Attorney Andrew McGuire for his efforts to develop the proposal/agreement so quickly in order to apply for first quarter tourism funding (as requested by Dr. Clinton Pattea,President of the Fort McDowell Yavapai Nation). He provided a brief outline of Proposition 202 and said that this constituted the first step in hopefully a very long relationship with the Town's neighboring Indian reservations. Discussion ensued relative to Staffs opinion that the monies would be received by the end of the month; the fact that this money was to be added to whatever monies had already been earmarked for tourism purposes; the fact that the money must be spent within a one-year period of time and a report must then be sent to the Reservation showing how the monies were spent; the fact that audits could be conducted by the Reservation if they decided this is necessary; the fact that basically the amount distributed during the first quarter was the smallest amount since it was based on the amount of revenue produced and Staffs opinion that the next distributions would be larger;the importance of getting the word out if the Town was interested in receiving funds other than community benefit funds;the fact that Staff had tentatively agreed to try to "stretch out the proposals;" the Community's comment that one of their priorities was education and the fact that the second round of funding would go towards this area; audits and the fact that they would be performed on Town records since all of the money functions were handled in-house; a clarification relative to the application process deadlines and the fact that they would be scheduled on a quarterly basis with the next round occurring in October; and Staffs indication that requests for additional funding uses (public safety, transportation, economic development etc.) ould be submitted by the Town within the December timeframe. Councilwoman Nicola requested that a Work Study Session be scheduled to discuss and prioritize future funding proposals/uses. Mr. McGuire commented that prior to making a motion on this item, the Council should consider proceeding in one of the two following ways. He said that based on the continuous changes that had been made, even up until 4:15 p.m. today, he would be happy to provide a brief outline of the changes that were in the packet or the motion should include a statement to the effect that "the motion included any changes that had been incorporated since the packets were distributed." In response to a request from Councilman Kavanagh,Mr. McGuire provided a brief listing of the changes that includes: * Combining the inspection and audit sections since they were virtually the same; * The fact that the Indian Community was adamant about having the audit ability survive the agreement for a period of approximately one year afterwards in most cases and the fact that this also tied in with the changes they asked for in terms of material breach. Mr. McGuire said that they were very concerned over the possibility of a misuse of funds occurring (one of the material breaches) and believed that because of the seriousness nature of this issue, a stricter sense of urgency should exist. He reported that the Town would have 20 days in which to cure any other type of breach that was brought to the Town's attention but on breaches that had to do with misuse of funds, cures must occur with 10 days of being brought forward. He noted that the Community had the same amount of time in which to address issues brought to their attention. * The fact that the Scope of Work as listed in Exhibit A must be done within a one-year period of time. * Budgeting requirements and audit section requirements were two of the things they wanted to make sure that failure to comply with would result in a breach of the agreement. E:WIINUTES\Minutes 07-01-03 council meeting.doc Page 16 of 18 * The indemnification clause and the fact the Mr. McGuire consistently avoided "giving indemnification away." He said that in this case they were talking about a sovereign nation, which really could not be sued by a lot of people. He said that they were determined to make sure that the indemnification carried forward over any statutory period that might be in place. He said that he finally agreed to add language relative to this issue. Mr. McGuire advised that all of the other changes were simply "nuts and bolts" except for Exhibit A. He explained that Exhibit A was what was presented to the Council on Friday but contained an additional paragraph that described each of the listed estimated cost estimates. Discussion ensued relative to the fact that Staff would ask the Tourism Council to prepare the requested annual report relative to what was actually done but noted that the financial portion relative to the use of any funds would be handled by the Town's Accounting Supervisor;and the fact that the Town would authorize expenditures. Councilman Kavanagh MOVED and Vice Mayor Ralphe SECONDED a motion to approve the adoption of Resolution 2003-40. The MOTION CARRIED UNANIMOUSLY(7 to 0). AGENDA ITEM #23 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. Councilman Archambault suggested that a Work Study Session be scheduled to discuss cut waivers and stressed the importance of setting up specific parameters and then getting the word out to everyone as to exactly what regulations were in place. He said that discussion might include reviewing the current ordinance. He added that he would like to see something where they actually separated the fill from the cut since they were different and had different parameters. Mr. Pickering requested that prior to actually scheduling a meeting, that Staff be allowed some time in which to research various issues associated with this matter and prepare a report relative to their findings. He indicated that he would LLbmit a report to the Council on this item within a one-month period of time. AGENDA ITEM#24- CALL TO THE PUBLIC: There were no citizens present wishing to speak at this time. AGENDA ITEM#25-SUMMARY OF COUNCIL REQUESTS REVIEWED BY THE TOWN MANAGER. Mr. Pickering said that Staff would pursue the cut waiver issue as recommended by Councilman Archambault and prepare a report on same that would become the subject of a future Work Study Session. Mr. Pickering commended the Council on the timeliness of the meeting and the fact that meeting deadlines were met. Discussion ensued that they meeting actually was ending ahead of schedule. AGENDA ITEM#26-ADJOURNMENT Councilwoman Stevens MOVED that the Council adjourn and Councilman Archambault SECONDED the motion, which CARRIED UNANIMOUSLY(7 to 0). The meeting adjourned at 8:45 p.m. TOWN OF FOUNTAIN HILLS By: Wally Nichols,Mayor EAMLNUTES\Minutes 07-01-03 council meeting.doc Page 17 of 18 ATTEST AND PREPARED BY: Bevelyn J.Bender,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held b the Town Council of Fountain Hills on the 1st day of July 2003. I further certify that the meeting was duly called and that a quorum was present. DATED this day of July 2003. Bevelyn J.Bender,Town Clerk L 41110, E:\MINUTES\Minutes 07-01-03 council meeting.doc Page 18 of 18