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HomeMy WebLinkAbout2005.0901.TCSEM.Minutess TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 1,2005 Mayor Nichols called the meeting to order at 4:45 p.m. AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38- 431.03.A.1, (i) FOR: DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT. APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT,WITH THE EXCEPTION OF SALARY DISCUSSIONS,AN OFFICER,APPOINTEE OR EMPLOYEE MAY DEMAND THAT THE DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY SHALL PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH WRITTEN NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN TWENTY-FOUR HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER THE DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING. (SPECIFICALLY, INTERVIEWING PLANNING AND ZONING COMMISSION APPLICANTS.) Councilman Archambault MOVED to convene the Executive Session and Councilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present(5 to 0). Councilman Kavanagh MOVED to recess the Executive Session at 5:44 p.m. and Councilman Kehe SECONDED the motion, which CARRIED UNANIMOUSLY by those present(5 to 0). AGENDA ITEM#2—RETURN TO SPECIAL SESSION L. Mayor Nichols reconvened the Special Session at 6:01 p.m. and the following roll call was taken: ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Councilman Archambault, Mayor Nichols, Councilman Kehe, Councilman Kavanagh, and Councilman McMahan. Town Attorney Andrew McGuire, Town Manager Tim Pickering, and Acting Town Clerk Shaunna Williams were also present. Mayor Nichols advised that Vice Mayor Schlum was en route from Denver and would be present before the Regular Session convened. AGENDA ITEM #3 — PUBLIC INTERVIEW OF PLANNING AND ZONING COMMISSION APPLICANT GARY KIDA BY THE TOWN COUNCIL. Mayor Nichols advised that the purpose of the Special Session was to conduct a public interview of Planning and Zoning Commission applicant, Gary Kida, by the Town Council. Mayor Nichols requested that Mr. Kida come forward at this time and explained that the members of the Council will ask Mr. Kida a series of questions. He explained that the Council would then conduct additional interviews at another time, schedule a meeting amongst themselves to discuss the results of the applicants' interviews and qualifications and render a decision as to the applicants who will be appointed in October. Councilman McMahan thanked Mr. Kida for applying for the position and noted that the Planning and Zoning Commission is one of the Town's most important commissions. He asked Mr. Kida whether he believes the Town should develop architectural standards for commercial and residential buildings. L., Mr. Kida responded that as far as commercial development, he believes that standards for architectural compatibility as well as materials, colors and overall design, are important. Z:\Council Packets\2005\R10-6-05\Minutes 09-01-05 Executive and Special Session.doc Page 1 of 4 In response to a request from Councilman Archambault to explain what a General Plan was and its importance. Mr. Kida stated that a General Plan sets boundaries for development and the way that the Town is going to progress as a community. He said that for that reason, he believes that the General Plan is very important in terms of all of the members coming to an understanding, not only regarding restraints and boundaries, but also the ramifications of some of the decisions that are made. Mayor Nichols asked Mr. Kida how long he has been a resident of Fountain Hills and the names of the organizations he has participated in to make the Town a better place to live in. Mr. Kida responded that he has been a resident of Fountain Hills for a little over two and a half years and noted that he has worked with the School District, is a coach at the Middle School for track/cross country and runs a number of youth programs. Councilman Kavanagh asked whether Mr. Kida had any specific goals and objectives in mind should he be appointed to the Commission or just a general desire to become involved in that area of government. Mr. Kida stated that he would like to lend his architectural experience to the Commission and beyond that, he is very enamored by the way the Town has developed up to this point in time and would like to see that continue in an intelligent and organized manner. He said that for those reasons he would like to be appointed to the Planning and Zoning Commission. He added that he possesses extensive experience in commercial as well as residential development and believes that his expertise in those areas would be beneficial. Councilman McMahan asked whether Mr. Kida is familiar with the Strategic Plan process that has been going on in the Town over the last year. Mr. Kida stated that he is somewhat familiar with the process although he has not participated personally. Councilman Kehe said that as part of the process, after two Town Halls, individual interviews and a youth forum, citizens who have participated in the process to date have reduced their focus on the Fountain Hills of the future from 43 to 11 key issues, 9 of which were directly related to the environment. He added that of the 9, and ranked 4th overall, was a directive to enforce the existing General Plan and Zoning Ordinances. He said that for the inevitable confrontation between the citizenry, architects, builders and lot buyers who may want to "stretch the rules", he would like to know Mr. Kida's philosophical position and how he would defend that position. `,441) Mr. Kida discussed the enforcement aspect of the General Plan and said that the citizens' comments would imply that enforcement was not being done now. He stated that he believes that there are probably variance situations that will arise as the Town moves towards build-out and said that each instance will have to be reviewed on its own merit. He commented that they could take the position that they are going to hold steadfast to the General Plan and the Zoning Ordinances without allowing any vehicle for variances, but expressed the opinion that this would be a shortsighted type of solution. He stated the opinion that there has to be some vehicle in place to address unique situations. He clarified that he is not saying that this should be implemented in all cases or that the process is one that should be easy to bring forth to either the Planning and Zoning Commission or the Town Council, but said that with the expertise that they may desire to include on the Commission, he believes that a lot of intellectual, professional discussion and review of those requests will occur. Councilman McMahan requested that Mr. Kida clarify whether he is saying that as a member of the Commission he would be an interpreter of the regulations or a legislator. Councilman McMahan stated an example that if someone purchased a residential lot and the owner and said he could not build on the lot because there was not enough disturbance area, and then asked what Mr. Kida's position would be and where would he lie in that spectrum. Mr. Kida commented that the question gets to the heart of whether or not the Commission is in the position of actually creating legislation and making decisions based on more subjective matters opposed to objective. He reiterated that cases such as this would have to be dealt with on an individual basis, but emphasized that he is not saying that every applicant who requests a need for additional disturbance area would necessarily be entitled to that. He further stated that as an architect, he may be able to tell what may or may not be possible on a particular piece of land and added that individuals may have different opinions as to how large a house should be built on a parcel. He said that it would be difficult for him to respond with a blanket statement as to whether he would rule in one way or another. Z:\Council Packets\2005\R10-6-05\Minutes 09-01-05 Executive and Special Session.doc Page 2 of 4 • Mayor Nichols pointed out that there was going to be more activity in Town, as the south side of the Avenues would be built out as well as Adero Canyon and State Trust Land. He noted that this would require a lot of time on the part of the Planning and Zoning Commission members to study the various recommendations that will come before them. He asked Mr. Kida whether he had enough time to conduct the necessary "homework" that is going to have to be done before Planning and Zoning Commission meetings. Mr. Kida responded that he believes so, although,not knowing what the time impacts are going to be at this particular point in time, it would be difficult to guarantee that. He added that certainly very important issues are going to be coming before the Commission and the Council within the next few years. He said that he is aware of the fact that up to this point in time the Commission's meetings have been fairly brief with fairly limited agendas, but stated that as they move on to some of the upcoming development issues, he foresees that that the Commission's activities will increase and demand additional time on the members' parts. He expressed the opinion that it is important to appoint members to that Commission who already possess expertise so they will not have to learn as much and/or be as educated on the various important issues before they can even get to the point of analyzing and assessing particular matters that arise. Councilman Kavanagh noted that most of the preparation time involves reviewing, at the members' own leisure, the materials that are provided to them and clarified that it is not really a matter of attending additional meetings, although that might happen now and then, it is the time to review the necessary materials. Mr. Kida replied that that is his understanding as well; a lot of the work is done prior to the meetings themselves. Councilman Archambault asked Mr. Kida how he would handle the situation if a member of the Council ever came to him(as a member of the Commission) and requested his support on a particular project. Mr. Kida said that although he cannot say that he would act in a certain way in every instance and because he does not know how much interaction there is between Council and the various Commissions prior to issues being discussed or decided upon, and how much of that is either correct or legally allowed, he is not sure he can respond to that question at this time. Councilman Archambault asked him to assume that it would be an inappropriate request for a Councilman to make and that it placed him in an awkward position. He clarified that he is trying to find Loy out how Mr. Kida would handle this type of situation. Mr. Kida responded that if this type of interaction is not allowed and the Councilperson came to him anyway,he would naturally assume that the Councilperson was also aware of the fact that this type of action is illegal. Councilman Kehe noted that Mr. Kida's application shows that he is the owner of property (Lot 208) and commented on extensive development that is going to occur around the area of the Fountain that may "spill over" onto 208. He asked whether Mr. Kida believed any conflict of interest exists as a result of his ownership of this land as far as his participation on the Commission. Mr. Kida responded that he does not believe that any conflict of interest would exist and pointed out that he owns the piece of property along with a partner and they do not have any plans to immediately develop the land. Mayor Nichols asked whether Mr. Kida had any questions he would like to pose to the members of the Council and Mr. Kida said that he did not. He stated that this is the second time that he has appeared before the Council for a position on this particular Commission and thanked all of the members for their participation. Mayor Nichols thanked Mr. Kida for coming forward and expressing his interest in the Town and said that he would now conclude the interview. The members of the Council also thanked Mr. Kida for his time and interest. AGENDA ITEM#4-ADJOURNMENT Councilman Kavanagh MOVED that the Council adjourn and Councilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY(5-0). The meeting adjourned at 6:14 p.m. L Z:\Council Packets\2005\R10-6-05\Minutes 09-01-05 Executive and Special Session.doc Page 3 of 4 TOWN OF FOUNTAIN LLS By Wally Nic s,Mayor ATTEST AND PREPARED BY:6/11 A\ iA Bevelyn J. e er,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive and Special Session held by the Town Council of Fountain Hills on the 1st day of September 2005. I further certify that the meeting was duly called and that a quorum was present. DATED this 6th day of October 2005. Bevelyn J. nd ,Town Clerk J j Z:\Council Packets\2005\R10-6-05\Minutes 09-01-05 Executive and Special Session.doc Page 4 of 4