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HomeMy WebLinkAbout2001.0517.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL May 17,2001 Mayor Morgan called the regular session of the Town Council to order at 5:30 p.m. Councilwoman Hutcheson MOVED that the Council convene the executive session and Councilwoman Fraverd SECONDED the motion, which carried unanimously. AGENDA ITEM#1. PURSUANT TO A.R.S. §38-431.03.A.4, 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). AGENDA ITEM#2. RETURN TO REGULAR SESSION Following the pledge to the flag and invocation by Councilwoman Hutcheson, the roll call was taken. ROLL CALL -Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon 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, Director of Public Works/Town Engineer Randy Harrel, Assistant Public Works Director Tom Ward,Director of Administration Cassie Hansen,and Director of Community Development Jeff Valder. Low • Mayor Morgan introduced and welcomed Sheriff Joe Arpaio and his wife as two of Fountain Hills' newest residents. Sheriff Arpaio made a brief statement and introduced his wife Ava. AGENDA ITEM#1. CONSIDERATION OF APPROVING THE MEETING MINUTES OF MAY 3,2001. AGENDA ITEM#2. CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE TWO-UNIT LOST ARROW ESTATES, LOCATED AT 16529 E. LOST ARROW DRIVE, AKA PLAT 206,BLOCK 3,LOT 12, CASE NUMBER S2001-11. AGENDA ITEM#3. CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE THREE-UNIT LOS MIRADORES CONDOMINIUMS, LOCATED AT 13450 MOUNTAINSIDE DRIVE,AKA PLAT 601A,BLOCK 1,LOT 1, CASE NUMBER S2001-10. AGENDA ITEM#4. CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE TWO-UNIT THE DESERT FLOWER CONDOMINIUMS, LOCATED AT 14448 N. SAGUARO BOULEVARD,AKA PLAT 104,BLOCK 14,LOT 16, CASE NUMBER S2001-14. AGENDA ITEM#5. CONSIDERATION OF RESOLUTION 2001-22 CONSIDERATION OF RESOLUTION 2001-22 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE EASTERLY PROPERTY LINE OF PLAT 428, BLOCK 2, LOT 68, (15009 TAMARACK Town Council Minutes Regular and Executive Session 5/17/01 Page 1 of 9 LANE) AS RECORDED IN BOOK 155 OF MAPS,PAGE 19 RECORDS OF MARICOPA COUNTY, ARIZONA (FERN DILLIE) EA01-06. AGENDA ITEM#6. CONSIDERATION OF RESOLUTION 2001-23 CONSIDERATION OF RESOLUTION 2001-23 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE NORTHERLY PROPERTY LINE OF PLAT 602-A, BLOCK 1, LOT 42, (15466 E. CAVERN DRIVE) AS RECORDED IN BOOK 161 OF MAPS, PAGE 42 RECORDS OF MARICOPA COUNTY,ARIZONA JIM & CAROLYN WENDELKEN EA01-07. AGENDA ITEM#7. CONSIDERATION OF RESOLUTION 2001-24 CONSIDERATION OF RESOLUTION 2001-24 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE WESTERLY PROPERTY LINE OF LOT 24 AND THE TEN (10) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ON THE EASTERLY PROPERTY LINES OF PLAT 505-D, BLOCK 2, LOT 24, (16805 N. ASPEN DRIVE) AS RECORDED IN BOOK 158 OF MAPS, PAGE 41 RECORDS OF MARICOPA COUNTY, ARIZONA (JAMES & PAULA HUGHES) EA01- 08. AGENDA ITEM#8. CONSIDERATION OF RESOLUTION 2001-25 CONSIDERATION OF RESOLUTION 2001-25 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE SOUTHEASTERLY AND NORTHEASTERLY PROPERTY LINES OF PLAT 505-C, BLOCK 2, LOT 17, (16413 N. DIXIE MINE TRAIL) AS RECORDED IN BOOK 158 OF MAPS, PAGE 42 RECORDS OF MARICOPA COUNTY,ARIZONA (PATRICK & BONNIE MCGARVEY) EA01-09. AGENDA ITEM#9. CONSIDERATION OF THE EXTENSION OF PREMISE APPLICATION SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION LOCATED AT 16850 EAST AVENUE OF THE FOUNTAINS. THE LEGION IS REQUESTING TO TEMPORARILY EXTEND THE LEGION'S CLUB LIQUOR LICENSE ON SATURDAY,MAY 26,2001. Councilwoman Fraverd MOVED to approve the Consent Agenda as read and Councilwoman Ralphe SECONDED the motion. A roll call vote was taken with the following results. Councilman Kavanagh- aye Councilwoman Ralphe— aye Vice Mayor Wyman aye Councilman McNeill- aye Councilwoman Hutcheson- aye Mayor Morgan- aye Councilwoman Fraverd- aye The motion CARRIED unanimously with a roll call vote. AGENDA ITEM#10. PRESENTATION OF THE MAYOR'S YOUTH COUNCIL "YEAR IN REVIEW" REPORT. Corey Hromek, Parks and Recreation Coordinator, introduced the officers of the Mayor's Youth Council who would be making their annual report presentation: Kate Hunkler, Chair, Katie Miskell, Vice Chair, and Tricia Severson, Secretary. Kate Hunkler reviewed that their mission statement had been revised. Each covered the areas that they had focused on this past year: service, leadership and future goals. They saw their goals for next year as: providing continued support of the Youth and Teen Center, strengthening relationships with the town's seniors, promoting the youth council through increased publicity, and by reaching out to other communities. Town Council Minutes Regular and Executive Session 5/17/01 Page 2 of 9 They thanked the Council for their continued support. Mayor Morgan stated that she was very proud of this group of young people. Mayor Morgan announced that she was moving Agenda Item#19 up in the order of agendized items. She turned the floor over to Councilwoman Hutcheson. ITEM#19 REPORT FROM THE ADHOC SKY HARBOR/FAA COMMITTEE GIVEN BY COUNCILMEMBER SHARON HUTCHESON, RICK MELENDEZ, AND ROBERT STERNFELS WITH POSSIBLE DIRECTION TO DRAFT AND ENDORSE THE PLAN AS SUGGESTED BY SENATOR JOHN MCCAIN. Councilwoman Hutcheson reviewed that Mayor Morgan had sent a letter to the FAA, which Mr. Sternfels had written pointing out several deficiencies in the FAA's plan. She stated that this letter had been written after the committee attended the FAA workshop. She said that shortly after Fountain Hills had sent their letter, the City of Scottsdale sent a similar letter to the FAA. Scottsdale's letter included a request to extend the time frame. She reported that the Town had been contacted by Senator John McCain's office. A town representative had been sent to meet with Senator McCain along with several other representatives from other communities. Mr. Sternfels had presented the town's position in the form of a Fountain Hills' amendment. She said that Mr. Sternfels had been encouraged by the response he had from Senator McCain. The Town had then been asked to put the amendment in written form and submit it to Senator McCain. She confirmed that had been done and read the letter, which had been sent to Senator McCain. She explained that the significance was that Mr. Sternfels had been personally asked to write the letter by Senator McCain. She stated that Senator McCain contacted Mr. Jim Garvey of the FAA. Senator McCain requested that he take a personal interest in this and asked him stay in contact with him and his staff. Councilwoman Hutcheson presented this amendment to the Scottsdale City Council meeting and they were supportive. She reported that she and the Committee had been encouraged by the personal interest taken by Senator McCain. Mayor Morgan noted that it had helped that Mr. Sternfels was a pilot and had been able to speak to Senator McCain on a technical level familiar to pilots. She felt that had been an advantage for Fountain Hills. ITEM#11 CONSIDERATION WITH POSSIBLE ACTION TO APPROVE OR DISAPPROVE A SETTLEMENT AGREEMENT TO RESOLVE ALL PENDING LAWSUITS WITH MCO PROPERTIES CONCERNING THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVE, THE PROPOSED EAGLE RIDGE NORTH AND EAGLE'S NEST SUBDIVISIONS, AND ALL ISSUES RELATING TO THE VALIDITY AND CONTENT OF THE TOWN'S SUBDIVISION ORDINANCE. Mayor Morgan announced that at the request of the Town Attorney Mr. Farrell, this item was being removed from this agenda. This item had been erroneously placed on the agenda at this time and she apologized for the confusion. ITEM#12 CONSIDERATION OF AWARDING THE BID FOR THE PHASE TWO SITE PACKAGE IMPROVEMENTS FOR THE NEW COMMUNITY CENTER INCLUDING PARKING LOTS,SIDEWALKS,AND LANDSCAPING Mr. Nordin stated that staff was recommending approval of awarding the bid to Valley Rain. He requested that with regard to alternate bid number two, that the Council allow him the option as to whether or not to bid alternate number two because of his budgetary concerns. Councilwoman Hutcheson MOVED to award the bid to Valley Rain in the amount of $1,797,000 as presented with the caveat as presented by the Town Manager and Vice Mayor Wyman SECONDED the motion, which CARRIED unanimously. Town Council Minutes Regular and Executive Session 5/17/01 Page 3 of 9 ITEM#13 PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON A REQUEST FOR A SPECIAL USE PERMIT FOR A GUEST HOUSE AS PART OF THE MAIN STRUCTURE AT 16947 LAST TRAIL DRIVE, CASE NUMBER SU2001-06. Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 7:03 p.m. Senior Planner Jesse Drake stated that this was a request for a guesthouse on a single-family residence in a R1-43 zoning district, which was for a single family dwelling per lot. She reviewed that the Zoning Ordinance's description of a dwelling as a building or portion thereof having restricted access to one kitchen or area convertible to kitchen activities. She explained that the Zoning Ordinance described a guesthouse as a living or sleeping quarter within an accessory building, attached or detached from the main building, for the sole use of occupants of the premises. She noted that an accessory building was described as a building or structure that did not share a livable enclosed connection to the main building. She displayed the plan and pointed to an area on the building that staff had identified as guesthouse although the applicant labeled it a guest bedroom. Ms Drake stated that you could not enter into the main part of the house without going through the front door of the guest area and exiting into the main courtyard. Inside the guest bedroom there was a counter and a sink with a refrigerator underneath, which further identified this area to staff as having a potential for kitchen activities. In addition to this portion of the house there was another lower level that had also been identified as a guesthouse. In the lower level that area could be entered into from the garage. As this met the same criteria as a livable space that had an outside exit and could be shut off from the living area above, it could potentially become an apartment. Ms. Drake acknowledged that a guesthouse was allowed in a single-family district with a special use permit and the plan had met the seven criteria required. She acknowledged that the Planning and Zoning Commission and staff were recommending approval for the upper level guesthouse with the following stipulations: 1. Lower level of the house would not be used as either a guesthouse or separate living quarters because the Town's ordinance did not address the issue of having more than one guesthouse in a residence. 2. Prior to building permit issuance, the lower level floor plan had to be modified so that the proposed plumbing fixtures would be located on an exterior wall. This would make it less attractive to convert into an apartment. 3. Any building or site design standard required by the Town or any other governing body be addressed and accommodated through the building permit process prior to any Certificate of Occupancy being issued. Mayor Morgan reconvened the regular session at 7:06 p.m. ITEM#14 CONSIDERATION OF A SPECIAL USE PERMIT FOR A GUESTHOUSE AS PART OF THE MAIN STRUCTURE AT 16947 LAST TRAIL DRIVE, CASE NUMBER SU2001-06. Councilman Kavanagh MOVED to approve the special use permit as presented and Councilwoman Fraverd SECONDED the motion. Councilwoman Fraverd did not understand the second stipulation and questioned why having the plumbing fixtures on an exterior wall would make it less likely to become a guesthouse. Senior Planner Jesse Drake reiterated that it would become a costly plumbing problem and therefore a less attractive option for the homeowner to convert this space. Councilman McNeill asked if the Council really wanted to preclude the homeowner from turning that lower level into a guesthouse. He questioned if staff had considered excluding plumbing in that area instead of limiting it. Senior Planner Jesse Drake explained that staff was not trying to restrict the activity of using this area as a recreation room or a similar activity. She noted that the Council had the option to restrict the addition of a full bath in order to preclude this application even further from becoming a guesthouse. She Town Council Minutes Regular and Executive Session 5/17/01 Page 4 of 9 stated that she did not think that use could be policed once the certificate of occupancy was issued. Mayor Morgan asked for clarification. Was staff saying the applicant could have a bedroom in the lower level; only that it could not be rented? Ms. Drake stated that was correct. Mayor Morgan felt that restricting the plumbing was then not in the Council's range of perusal. Councilwoman Fraverd AMENDED the motion to delete stipulation #2 and Vice Mayor Wyman SECONDED the amendment, which CARRIED unanimously. The original motion with the amendment CARRIED unanimously. ITEM#15 CONSIDERATION OF A DEVELOPMENT AGREEMENT TO ALLOW A REPLAT OF LOTS 68 AND 69 IN FINAL PLAT 414,CASE NUMBER S2000-041. Senior Planner Jesse Drake reviewed her combined staff reports on agenda items 15 and 16 because they were intricately linked to each other. Item #16 was a preliminary replat of Firerock Industrial Park lots 68 and 69. She covered that the parcels formed a rough triangular block bound by Laser, Technology, and Saguaro. The applicant wanted to replat this into five lots instead of two. The reason for the replat was that the Laser Drive public access would be eliminated when the new Target project began. Laser Drive would become a 60-foot wide public utility and drainage easement. The intersection of Saguaro Drive and Technology Drive would become gated so that access through there would disappear. This would be a benefit to the residential neighbors to the east as there wouldn't be any traffic through there. The applicant was proposing a cul-de-sac for access that would come through Technology Drive. Once the Target project was completed it would link to Shea Boulevard and have a light there. The hillside protection easement, which was the development easement, would conglomerate the slope analysis. She pointed out that currently it was configured in a non-contiguous,random and irregular pattern. Ms. Drake stated that the applicant was proposing to aggregate those areas and put it into as what would be identified as Tract "A" and deed it over to the Town. Along the western edge of Tract"A"there would be a three-foot meandering wall. Against the wall, Chilean mesquites would be planted providing an eighty-foot wide buffer for the neighbors, which would align with the proposed Target project landscape. She noted that staff was recommending approval with stipulations as presented in the report. 1. Any future Community Development Engineering, Water Company, Sanitary District, or Fire Department requirements were not superseded by approval of this Preliminary Plat. 2. The applicant would submit a re-vegetation plan for Tract "A" that included native plants and the removal of grassy invasive plants remaining from the former effluent water field. 3. The applicant would plant minimum 24-inch box Chilean mesquite tress, 25-feet on center,with five feet of the meandering three-foot high decorative wall and provide a drip irrigation system that would be maintained by the Firerock Industrial Park. Councilwoman Fraverd MOVED to approve the development agreement as presented and Councilwoman Ralphe SECONDED the motion. Councilman McNeill questioned if the maintenance of the irrigation system was a permanent obligation on the part of the Firerock Industrial Park. He stated that the Development Agreement under Paragraph 3.1 read that the Town would accept the dedication of Tract "A" and own and maintain at its sole cost and expense. He understood the stipulation to read that they wanted to have the irrigation system maintained by someone else. If that was true, he suggested that the Development Agreement be amended. Ms. Drake clarified that the stipulation was made to adjust the Development Agreement in that way. She confirmed that the applicant was aware of that stipulation and had agreed to it. She reiterated that the Development Agreement would be a permanent maintenance agreement by applicant, the applicant's representative, or any future owner of the property. Councilman McNeill asked how many trips that the engineering study had noted in the report would be generated from the development (1, 072 trips per day). He questioned if the Council was really looking at Town Council Minutes Regular and Executive Session 5/17/01 Page 5 of 9 plans for development that would generate that many trips. If so, what was being planned there? Mr. Carl Bommarito, representative from MCO Properties, said that these figures were from an engineering calculation textbook. He stated the exact number of trips would be hard to estimate for these five pieces. He pointed out that the prospective buyers/tenants that they were talking to were for office warehouse type of uses in that location. Actual trip calculations would depend on numerous factors such as how many employees and the type of products warehoused so the engineers had to use their book that covers national standards and calculate the worst-case scenario when dealing with unknown users. Councilman McNeill moved to AMEND the motion to revise Section 3.1 of the Development Agreement to reflect that the irrigation system would be maintained by FireRock Industrial Park and Councilwoman Fraverd SECONDED the amendment, which CARRIED unanimously. The original motion with the amendment CARRIED unanimously. ITEM#16 CONSIDERATION OF A PRELIMINARY PLAT FOR FIREROCK INDUSTRIAL PARK,A REPLAT OF LOTS 68 AND 69 IN FINAL PLAT 414, CASE NUMBER S2000-041. Councilwoman Ralphe MOVED to approve the preliminary plat as presented and Councilwoman Hutcheson SECONDED the motion,which CARRIED unanimously. ITEM#17 CONSIDERATION OF RESOLUTION 2001-26 AMENDING RESOLUTIONS 1999-24, 2000-30 AND 2000-53 BY EXTENDING THE COMPLIANCE DATE FOR AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SCOTTSDALE; AND DECLARING AN EMERGENCY. Mr. Farrell said this item had been discussed numerous times. He reminded the Council that they had hoped to obtain an intergovernmental agreement with the City of Scottsdale. He stated that the City of Scottsdale had rebuffed the Town on two previous occasions. He explained the current Los Arcos situation and that the owner had elected not to litigate but to vacate. He said that staff believed that the City of Scottsdale wished to keep the Los Arcos Multi-Purpose Facilities District open. He was recommending that the Council approve a ten-year extension. Therefore, he requested that the Council consider extending this period of compliance for up to ten-years. He reminded the Council that the emergency clause was included since the district would terminate prior to the thirty days needed for the resolution to become effective. Mr. Farrell noted that staff had not received any positive reinforcement from the City of Scottsdale in writing or otherwise, so he was kind of winging it. He was sure that if Scottsdale needed Fountain Hills for something that they would eventually put it in writing. At that point in time, he would recommend that prior to giving them anything, an intergovernmental agreement be signed. This would ensure looking out for Fountain Hills' needs first and Scottsdale's second. Mr. Nordin said that not only would staff require an intergovernmental agreement before participation, he would want to look for a contribution from Scottsdale for the Town's contributions so far. He said that he and Mr. Farrell would be talking with the Town of Guadalupe officials to see if an arrangement could be entered into with them and see if they would support Fountain Hills' efforts. Mr. Nordin felt that this was an opportunity for a time in the future to recoup some of the funds that would otherwise be due Fountain Hills. Councilman McNeill MOVED to approve Resolution 2001-26 as presented and Councilwoman Ralphe SECONDED the motion. Councilwoman Fraverd questioned why the Town should go through this process if Scottsdale had not asked the Town to do so. Mr. Farrell explained that this was the last statutorily allowed multi-purpose facilities district. He felt it was an excellent mechanism to allow for some development within multiple municipalities. Although it was not working at this point, he felt it would be part of a continuing program to be of benefit. He noted that it would also prevent the bond counsel from having a problem. He summed it up as a safety issue on the part of Fountain Hills. Town Council Minutes Regular and Executive Session 5/17/01 Page 6 of 9 Councilman McNeill asked if it had only taken one additional municipality to join Scottsdale to form the district. Mr. Farrell said that was correct. Councilman Kavanagh asked if the town did nothing would the district die on June 1st. Mr. Farrell stated that he did not want to say that. He pointed out that there was a 1/41619 popular theory that the six members of the District really didn't need the City of Scottsdale, the Town of Fountain Hills, or the Town of Guadalupe, as they had created a Title 48 Special Taxing District that had elected not to levy the taxes. He pointed out that if bonds in millions of dollars were ever going to be issued, someone would have to do the due diligence. Mr. Farrell noted that if the Council did not pass this resolution,it would create a cloud over future bond issues. The motion CARRIED unanimously. ITEM#18 CONSIDERATION OF ORDINANCE 01-09 AMENDING THE TOWN CODE, CHAPTER 8, BUSINESS REGULATIONS BY ADDING ARTICLE 8-3 SPECIAL EVENTS CONSISTING OF SECTIONS 8-3-1 THROUGH 8-3-8. Mayor Morgan declared an implied conflict of interest on her part. She turned the meeting over to Vice Mayor Wyman and left the dais. Mr. Farrell stated that the fundamental driving force behind this ordinance and the special event licensing procedure illustrated how important the role of special events had come to play in Fountain Hills. As the number of events had grown in significance and technicality, Town staff had risen through unwritten policy to ensure that the citizens of the community and those visiting were safe and had an enjoyable time. However, it had become increasingly burdensome for staff to answer questions from the citizens as to how they could have a special event in the community. Staff started reviewing this issue and was joined by two of the councilmembers to see if something could be written that made sense to the community, understandable to staff to administer, and would meet with Council approval. Mr. Farrell said staff felt this document did just that. He thanked staff and the councilmembers for spending a significant amount of time putting this policy together. He reminded the Council that if they found items in the ordinance that the Council felt needed to be fixed, they could do so at a future meeting and as often as every other Council meeting if they so desired. If staff found something had been missed,they would then address that issue and bring it before the Council for consideration. He asked that the Council approve this ordinance. Director Hansen remarked that this document was basically the same document presented to the Council about three months ago. Staff had gone through and addressed those items, about which the Council had expressed specific concerns and questions. She had tried to highlight most of the points that had been changed in her cover memo. She also thanked Councilmembers Kavanagh and McNeill for their time spent in putting this together. Councilman Kavanagh MOVED to approve the Ordinance 01-09 as presented and Councilman McNeill SECONDED the motion. Councilman Kavanagh clarified that the special event ordinance had been in existence for a while and this was a modification. He stated that the modification was driven by the frustration on the part of administrative staff, law enforcement staff, and street staff. Staff felt they needed more notification about what was going to happen, additional control in regard to the extent of what would happen at the event, as well as more ways to gather such records as sales tax numbers, etc. He had worked to help counter balance staff needs with the rights of the organizations and citizens sponsoring these events. He felt they had worked out a reasonable compromise. He said the major change made was defining what is a"major event". Councilman McNeill agreed with Councilman Kavanagh's comments. They had been in search of a reasonable balance. He explained that an event that took place on private property, that did not require the closure of any town street, sidewalk, or right of way, that did not require any municipal services, was not subject to the special event permit process. He asked if the motion included those changes requesting sales Town Council Minutes Regular and Executive Session 5/17/01 Page 7 of 9 tax numbers and certain exemptions for charitable organizations. Director Hansen and Mr. Farrell agreed that had been included in the ordinance verbiage. Councilwoman Ralphe questioned if this policy interfered with citizens' constitutional rights to gather or march. Mr. Farrell assured her that the 1S` Amendment guaranteed the citizens their right to peacefully assemble and petition the government for a redress of grievances. Councilwoman Fraverd asked how many events were grandfathered. Director Hansen responded there were two at this time. Councilwoman Fraverd asked if the policy then allowed for an additional 10? Director Hansen said yes. Councilwoman Hutcheson acknowledged that staff had been working on this for a very long time. She was sure that by the time Councilmembers Kavanagh and McNeill got through with it there wasn't anything missing. She was happy to support it. The motion CARRIED unanimously on a vote of 6-0. Mayor Morgan returned to the dais and proceeded with the agenda. ITEM#20 CALL TO THE PUBLIC. Carl Bommarito,Representative of MCO Mr. Bommarito stated that over the past several months he had talked to many councilmembers about the Town's platting and planning process. He felt that the Town was physically under staffed when it came to their Engineering and Planning Departments. He stated it would help those in the development community that were trying to get plans and plats approved, and development agreements written and reviewed, if there were an additional planner or engineer or two. He stated he had also expressed this concern to Director Valder. He pointed out that the downtown consultant's report talked about a smoother and more expedient process through the Town's planning and engineering departments. He asked if there was anything being ittio done with regard to adding staff. He noted that the Town still had a couple of years of major development and asked that the Council consider implementing something in this budget year to help alleviate this problem. Mayor Morgan announced that the Council would resume the executive session at this time. Vice Mayor Wyman MOVED to recess the regular session and resume the executive session and Councilwoman Ralphe SECONDED the motion, which CARRIED unanimously at 7:45 p.m. ITEM#21 ADJOURNMENT. Councilwoman Hutcheson MOVED to adjourn and Councilwoman Fraverd SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 8:35 p.m. ♦r� Town Council Minutes Regular and Executive Session 5/17/01 Page 8 of 9 TOWN OF FOUNTAIN HILLS Capr /2/ / By. iii,4/1- Sharon Morgan,Mayor' ATTEST: 6.1114-^-4--- 4,,,,,_____ Cassie B. Hansen, Director of Administration/Town Clerk 4 4 PREPARED BY: ,t. �--A.__t yi�'.6' IL =) 7< 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 17th day of May 2001. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of June 2001. 6„,„,- '4 311,_ Cassie B. Hansen, Director of Administration/Town Clerk Town Council Minutes Regular and Executive Session 5/17/01 Page 9 of 9 TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL May 24,2001 Mayor Morgan called the special session of the Town Council to order at 6:00 p.m. ROLL CALL -Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon 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, Attorney Tom Irvine and Town Attorney Bill Farrell Vice Mayor Wyman MOVED that the Council convene the executive session and Councilwoman Fraverd SECONDED the motion,which carried unanimously. AGENDA ITEM#1. PURSUANT TO A.R.S. §38-431.03.A.4, 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 SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION(TOWN OF FOUNTAIN HILLS V.MCO PROPERTIES). AGENDA ITEM#2. ADJOURNMENT Councilwoman Hutcheson MOVED to adjourn and Mayor Morgan SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 11:45 p.m. TOWN OF F NTAIN HI S • By- Sharon Morgan, ayor 7/1/4 . ATTEST: Pe Pe William E. Farrell Town Attorney PREPARED BY: , _t' �. `/ 1 'j� Bev Bender,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special and Executive Meeting held by the Town Council of Fountain Hills on the 24t'day of May 2001. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of June 2001. illiam E. Farrell Town Attorney 111110+ Town Council Minutes Special and Executive Session 5/24/01 Page 1 of 1