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HomeMy WebLinkAbout2001.0705.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL July 5,2001 Mayor Morgan called the regular session of the Town Council to order at 5:30 p.m. AGENDA ITEM#1. PURSUANT TO A.R.S. 38-431.03.A.1, VOTE TO GO INTO EXECUTIVE SESSION 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 SUCH DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN 24 HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING; (THE COUNCIL WILL BE DISCUSSING THE MANAGER'S REVIEW). Councilwoman Hutcheson MOVED that the Council convene the executive session and Councilwoman Fraverd SECONDED the motion, which carried unanimously. Mayor Morgan adjourned the executive session at 6:20 p.m. AGENDA ITEM#2. RETURN TO REGULAR SESSION Mayor Morgan reconvened the regular session at 6:30 p.m. Following the pledge to the flag and invocation by Councilwoman Ralphe, roll call was taken. ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, and Councilmembers Leesa Fraverd, Sharon Hutcheson, John McNeill, John Kavanagh, and Susan Ralphe. Vice Mayor John Wyman was absent. Also present were Acting Town Manager/Town Attorney Bill Farrell, Director of Public Works/Town Engineer Randy Harrel, Director of Administration Cassie Hansen, Director of Public Safety Gendler,Assistant Director of Public Works Tom Ward,Community Center Director Jim Willers,and Director of Community Development Jeff Valder. Mayor Morgan announced that the Town Manager Paul Nordin had been diagnosed with inoperable lung cancer. She asked everyone to keep him and his family in their thoughts and prayers. Councilman Kavanagh stated that the Mayor had expressed everyone's thoughts. Councilwoman Hutcheson said that Paul had a very supportive family and felt that the Town was small enough that we were thought of as his extended family. She hoped everyone would keep Paul in their prayers, and give him their support and best wishes. AGENDA ITEM#1. CONSIDERATION OF APPOINTING TOWN ATTORNEY BILL FARRELL AS ACTING TOWN MANAGER DURING PAUL NORDIN'S ABSENCE Mr. Farrell stated he shared the Mayor's sentiments. He noted that when talking with the Council about this issue,he felt it was important to use the word "acting". He confirmed that the Mayor and the Council had agreed that this was Paul's job and they would hold it for him until his safe return. He thanked the Council for their consideration. He looked forward to this new challenge. He acknowledged that since the announcement, the department heads and employees had been supportive. He felt that Paul had a wonderful team in place that would make this temporary transition easy for him. Mayor Morgan MOVED that the Council appoint Town Attorney Bill Farrell to be the acting town manager and Councilman McNeill SECONDED the motion, which carried unanimously. Town Council Minutes Regular and Executive Session 7/05/01 Page 1 of 16 AGENDA ITEM#2. CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 14 AND 21,2001. AGENDA ITEM#3. CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY KENNY KRELL ON BEHALF OF 3 DISCIPLINES RACING FOR THE 911H ANNUAL MOUNTAIN TO FOUNTAIN RUN TO BE HELD ON SATURDAY, FEBRUARY 23, 2001. THE EVENT WILL BEGIN AT 8:00 A.M., END BY 10:30 A.M. AND REQUIRE NO STREET CLOSURES. AGENDA ITEM#4. CONSIDERATION OF RESOLUTION 2001-35, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHEASTERLY PROPERTY LINE OF LOT 11, OF PLAT 505-C, BLOCK 1, (15912 CENTIPEDE DRIVE) AS RECORDED IN BOOK 158 OF MAPS, PAGE 42 RECORDS OF MARICOPA COUNTY, ARIZONA.(CECIL & LINDA THOMAS)EA01-15 AGENDA ITEM#5. CONSIDERATION OF RESOLUTION 2001-36, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE SOUTHERLY PROPERTY LINE OF LOT 31, OF PLAT 505-C, BLOCK 1, (16826 N. STONERIDGE COURT) AS RECORDED IN BOOK 158 OF MAPS, PAGE 42 RECORDS OF MARICOPA COUNTY, ARIZONA. (KURT GERLACH) EA01-16 AGENDA ITEM#6. CONSIDERATION OF RESOLUTION 2001-37, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE SOUTHERLY PROPERTY LINE OF LOT 4,OF PLAT 505-A,BLOCK 2,(15437 E.RICHWOOD AVENUE)AS cov RECORDED IN BOOK 158 OF MAPS, PAGE 40 RECORDS OF MARICOPA COUNTY, ARIZONA. (AZCO INVESTMENTS) EA01-17 AGENDA ITEM#7. CONSIDERATION OF ORDINANCE 01-13 AMENDING THE TOWN CODE, CHAPTER 10, HEALTH AND SANITATION, ARTICLE 10-1 METHODS OF GARBAGE AND TRASH REMOVAL BY ADDING SECTIONS 10-1-5 REGARDING FLY- TIGHT AND CLEAN GARBAGE CONTAINERS; 10-1-6 INSPECTIONS; 10-1-7 ENFORCEMENT; AND 10-1-8 RECYCLING. (ORDINANCE AND STAFF REPORT WILL BE PROVIDED PRIOR TO THE MEETING.) AGENDA ITEM#8. CONSIDERATION OF RESOLUTION 2001-38 NAMING A DESIGNATED SIGNATORY FOR ANY GRANT APPLICATION OF LAND PURCHASE DOCUMENTS REQUIRED FOR THE ACQUISITION OF A 1,276.02 ACRE PORTION OF STATE TRUST LAND ABUTTING THE NORTHEASTERN BORDER OF THE TOWN OF FOUNTAIN HILLS, LAYING WITHIN: SECTION 1, LOTS 9 THROUGH 11, ALL OF SECTION 2, AND ALL OF SECTION 3, 2ITH THE EXCEPTION OF THE 34.96 ACRE FOUNTAIN HILLS MIDDLE SCHOOL SITE,T3N R6E. Mayor Morgan announced that consent item #7 had been removed at the request of Mr. Farrell to allow him time to study the issue. Councilwoman Fraverd MOVED to approve the Consent Agenda (Items #1 - #6 & #8) as read and Councilman McNeill SECONDED the motion. A roll call vote was taken with the following results. Councilman McNeill - aye Councilwoman Hutcheson- aye Councilwoman Fraverd- aye Councilman Kavanagh- aye Town Council Minutes Regular and Executive Session 7/05/01 Page 2 of 16 Councilwoman Ralphe— aye Mayor Morgan - aye The motion CARRIED unanimously. AGENDA ITEM#9. RECOGNITION OF MIKE BRIGUGLIO AND THE FOUNTAIN HILLS HIGH SCHOOL BASEBALL TEAM ON THEIR CHAMPIONSHIP SEASON. Mayor Morgan presented a certificate to Coach Briguglio to acknowledge his Fountain Hills High School Baseball team's championship accomplishment. AGENDA ITEM#10. PRESENTATION BY COMMUNITY CENTER ADVISORY COMMISSION CHAIRMAN, WALLY NICHOLS AND COMMUNITY CENTER DIRECTOR, ,TIM WILLERS, ON THE COMMISSION'S ACTIVITIES AND CONSIDERATION OF APPROVING THE RECOMMENDATION OF THE COMMUNITY CENTER ADVISORY COMMISSION ON THE PROPOSED RATE AND FEE SCHEDULE FOR THE NEW COMMUNITY CENTER. Director Willers introduced the Community Center Advisory Commission Chairman Wally Nichols. Chairman Nichols gave an overview of the Commission's work to date. He noted that once the Council approved the rental rate schedule, Director Willers would be able to go forward with press releases and other promotions for an opening date of September 8h. Chairman Nichols acknowledged that if the facility were to be 100% occupied with a mixture of resident and non-resident events, by utilizing the proposed rental rates the total operating subsidy needed from the Town would almost be eliminated. He pointed out that it would require several years before the Center could realize full utilization but the potential was there to eliminate the operating subsidy. Chairman Nichols listed the work left to do by the Commission: • Create a mission statement. • Establish quarterly reviews of utilization and financials reports. • Assess the facility needs as it became operational. • Refine the budget process for future years. Chairman Nichols stated that the Advisory Commission and the Director were ready to support the Mayor and Council in their plans to insure that the grand opening was a success. He thanked the Council for the opportunity to review the Commission's progress. Director Willers returned the discussion to the issue of the Community Center's rate and fee schedule. He noted that a rate comparison had been provided in the material. He said that the Community Center had been designed to serve the community first and that was reflected in the Category I rates. He explained these were low rates similar to those currently charged at the old facility. The Commission wanted to encourage everyone who utilized the old center to use their new community center at an affordable rate plus get new business. He stated that he had been working with everyone to try to get as much of the scheduling for these groups on the books as possible. That was a good sign. Once the community was served then staff would promote the center for commercial business. Director Willers pointed out that these proposed "introductory" commercial rates were low in comparison to comparable facilities. Councilwoman Fraverd asked about Town rates. If the council wanted to have an event there would there be a charge? And what about Parks and Recreation programs? Director Willers replied they would create a paper transaction. Money would not be taken from Parks and Recreation but the Center staff would monitor and record the Category I usage in order to have an idea of amount of utilization. He noted that the Advisory Commission had also asked for this type of record keeping. Councilman McNeill agreed that the rates were attractive when compared to what the competition was offering. He asked if L Town Council Minutes Regular and Executive Session 7/05/01 Page 3 of 16 there was a specific time period for the introductory rates? Director Willers stated that they would wait to see how the bookings came in. Councilwoman Ralphe asked how far out geographically the marketing would carry. Director Willers said the marketing would be geared towards those within a reasonable driving distance to the Center (Phoenix, Scottsdale, Glendale,Mesa and surrounding areas). Councilman Kavanagh asked if those clubs affiliated with Parks and Recreation and the Civic Association were exempt from fees as part of the carry over policy. Director Willers replied not exactly. The carry over policy did not include the Civic Association, as they had been the managers of the old building and there would be a charge to some of those other groups coming in. They would probably be charged the Category I rate but would not be exempt. Councilman Kavanagh asked for clarification on which groups. Director Willers said it would be played by ear. For example, the Community Chorus wanted to come in on Monday nights and rehearse. As there would be someone there anyway, they would not be charged. However, at this time he couldn't tell the Council what some of the other events that they would charge. He noted that as a general rule the Commission had determined that the exemption would not transfer to the new building. Councilman Kavanagh asked if any club associated with Parks and Recreation would have the exemption. Director Willers responded that if it were a Parks and Recreation sponsored event,they would be exempt. Councilwoman Hutcheson reiterated that if the Town sponsored a program/event, then it would be exempt. Any other private organization would not be exempt. She noted that this would not be a discretionary action. Those events sponsored by the Town, or if the event were covered under the Town umbrella, it would then be exempt from the fees. If it were sponsored by a private organization, service club or the civic association, they would fall under the resident non-profit Category I. Director Willers proposed that there might be some time down the road when this could be revisited but the Commission felt this was a fair and equitable start. Councilwoman Hutcheson explained what had triggered this thought was the Community Chorus coming in. Director Willers explained his rationale. If there was something already going on in the building, staff was already there. .If it was a group such as the Community Chorus, which only needed a space to practice, and they had a volunteer willing to watch the building, then he felt it was reasonable to say ok. He said he would try to look at each situation individually in order to be as fair and user friendly as possible. Councilwoman Hutcheson said she was comfortable with his explanation. She said if that area became problematic later on it could be revisited. Director Willers said certainly. At that point he would go back to the commission and get their viewpoint. Mayor Morgan asked about the rental rates on the different pieces of equipment. She inquired if the only items provided by the Community Center were to be the tables and chairs, with everything else to be rented. Director Willers said that was correct. Mayor Morgan asked if the Community Center would be providing a list of preferred rental facilities. Director Willers said no. People would be allowed to rent from whomever they chose. He clarified that the Community Center had not purchased this type of inventory because the facility did not have a commercial dishwasher. The various inventory needed would be costly to provide for the numerous types of events that could be held at the Center. Mayor Morgan asked if not having dishes and such available would put a damper on any events being scheduled. Director Willers said he had not received any negative comments. Most were pleased that they could use their own caterer. He described a situation of someone having a private function and they had brought their own potluck dinner in. He stated that would be allowed as long as it was a private, non-public event, and they were not charging. Councilman Kavanagh asked if the Council was voting on the fee schedule only and not other aspects of the policy. Mayor Morgan said that was correct. Councilwoman Ralphe MOVED to approve the proposed rate and fee schedule as presented and Councilwoman Fraverd SECONDED the motion. Town Council Minutes Regular and Executive Session 7/05/01 Page 4 of 16 Councilman Kavanagh AMENDED the motion to create a new category "Town Non-Profit" and remove those groups from the Resident/Non-Profit Category thereby exempting them from the meeting room fees (Conference Room through Art 1 &2)and Councilwoman Hutcheson SECONDED the motion. Councilman Kavanagh requested this for two reasons: 1. While these fees were similar to the large present Community Center room fees and not the smaller side meeting room, which were considerably less. For non-profit groups this would be an increase in what they were currently paying. 2. Non-profits should be exempt regardless if they were affiliated with Parks and Recreation or not. He wanted to see the facility fully utilized and if non-profits who were not affiliated had to pay $15/hour he did not know if they would use the Community Center. He noted that there were plenty of places that did not charge to use their meeting rooms. He reasoned that the non-profits were doing the Town a service and the Town should assist them. He did not see any reason to charge them when they were trying to raise money for the Town. Councilwoman Hutcheson asked if non-profits who use the current Community Center pay a fee. Director Willers confirmed that they do pay a fee unless they are a part of the umbrella groups of the Civic Association or the Town. Councilman Kavanagh pointed out that comprised most of the non-profit groups in Town. Director Willers stated that the service groups also pay a room fee. Councilman McNeill reiterated that presently there were a number of non-profit entities that were paying a rental fee in the existing Community Center. He noted that that Director Willers had worked in to the recommendation some leeway for a number of groups; in particularly those Town affiliated groups. He was not adverse to considering a broader exemption for non-profits. He confirmed there were a large number of groups that were currently paying a fee. They would not be a surprised to continue paying a reasonable fee. He requested that the Commission monitor the facility's usage and if a lack of facility usage was seen than perhaps a broadening of the exemption policy could help. , It would be at that point that a recommendation should be brought to the Council. He stated he was not ready to vote in support of an exemption tonight. Councilman Kavanagh asked why a non-profit group should be charged money to meet in a publicly owned and publicly funded facility. He did not think it was worth the small amount of money taken in to discourage community activity. Councilwoman Hutcheson agreed with Councilman McNeill because those groups were paying now. She noted that this commission had done a lot of research in order to come up with this plan. Councilwoman Hutcheson was confident that if they ran into problems the Commission would revisit this issue. She wanted to give the Commission's recommendation a chance to be implemented and see how it worked. She was hesitant to negate the work that the Commission had done at this stage. Councilman Kavanagh AMENDED his amendment to make the fee for these meeting rooms the same as was currently charged for the side meeting room at the old community center. Mayor Morgan asked what was the current charge for the side meeting room at the community center. Someone in the audience indicated that the charge was $6/hour. Councilwoman Hutcheson asked as compared to what. Mayor Morgan responded as compared to the proposed $15/hour for any of the meeting rooms. Councilman Kavanagh felt that this way the Council would not be doubling the rate charged for a meeting room. Mr. Farrell reminded the council that there was a preceding amendment that the Council needed to vote on first. Mayor Morgan SECONDED the amendment to the amendment. L Town Council Minutes Regular and Executive Session 7/05/01 Page 5 of 16 Councilwoman Fraverd agreed that the Commission should relook at the fee schedule. She asked if Director Willers had talked to some of the service organizations that this amendment would affect. She Lir asked if he had received any feedback about it being too expensive for them. Director Willers answered that several groups had inquired about the rate. He had given them a tentative schedule, quoting the $15/hour fee. He said the rooms in the new center were pretty good size. Some were carpeted and well equipped. The Art Rooms 1 & 2 would not be rented to outside people but would be used for art classes. He could only recall one individual who had said it was too high. He stated that he had booked many other functions, all with the understanding what the rates would be. He expressed that the new rates were similar to what they were currently paying when they booked the large room in the old community center. He said it was true that for those who currently use the side meeting room in the old community it would mean an increase. When the meeting rooms costs in the new community center were compared to the size and cost of using the large part of the old community center,the costs were similar. Councilwoman Fraverd asked for clarification as to what rate Councilman Kavanagh was recommending, the $6 rate or the $13? Councilman Kavanagh clarified he was proposing $6, the current community center's small room fee, with the new community center rooms 1 & 2 charging $12. Councilwoman Fraverd asked what the rate would be for the Civic Association. Director Willers stated that the groups that fall under the Civic Association's umbrella currently did not pay rent at the old Community Center. Councilwoman Fraverd asked if any of those groups had been booked into the new Community Center. Director Willers said he had talked with some. Mayor Morgan asked if the Arts Council had booked space. Mr. Walt Franklin(from the audience)answered that he hoped they would be. Councilwoman Ralphe asked that everyone keep in mind the difference between the two buildings. It might not make sense to charge them same rate as they were currently paying in the old building when renting the new building. The new building was a very nice facility. She suggested that the Council go along with the proposed fee schedule, respecting the work of the Advisory Commission and the experience Director Willers had provided. Mayor Morgan was willing to go along with this, but reminded the council that some groups would be going from zero to$15 or$25/hour. Councilman Kavanagh commented that his proposal of exempting the non-profits from the fee schedule was in no way intended as a sign of disrespect for the Commission, which had put together these rates. He explained that he was trying to translate some policy into it. Walt Franklin, 16937 Nichols Dr. (Vice Chair of the Civic Association) He confirmed the only type of events that they put on were those that were no charge to their membership and the entire community and were done for the benefit of the community. He said they had always valued their ability to utilize the public building on a no charge basis in view of the fact that they did not generate any funds. He recommended that the commission revisit this fee issue and look at creating a new category. Shirley Curry, 15020 E. Mustang. (Former member of the Civic Association Board and Women's Club) She seconded Mr. Franklin's sentiments and Councilman Kavanagh statements. Councilman Kavanagh suggested that this be tabled until the next council meeting, which would give the service and volunteer groups a chance to speak publicly on this issue. Mayor Morgan pointed out that the next Council meeting wasn't until August and this would tie Director Willers's hands. Councilman Kavanagh said he wasn't talking about the ballrooms, only the meeting rooms. Mayor Morgan pointed out that by not taking any action tonight there would be an implementation delay of about a month. Director Willers acknowledged that a delay could create some problems because they needed to finalize contracts. He asked the Council to consider requesting that the Commission specifically review the non- profit fee issue. He said the Commission could look at that and come back with a recommendation at the next Council meeting. That would allow him to get the other groups on the books. L Town Council Minutes Regular and Executive Session 7/05/01 Page 6 of 16 Councilwoman Ralphe said tabling would not enable the Council to make a better decision. Even if more community groups were represented in the room tonight she did not know if that would be helpful. She wanted to think of Fountain Hills as community that was warm and welcoming to new people. The Community Center would extend that policy to new groups. She expressed concern about setting rates that gave preferential treatment to old time users and might affect the success of the Community Center. Councilman Kavanagh withdrew his amendment to the amendment and Mayor Morgan withdrew her second. Mayor Morgan called for the vote on the amendment on the motion. A roll call vote was taken with the following results: Councilman McNeill- nay Councilwoman Hutcheson- nay Mayor Morgan - aye Councilman Kavanagh- aye Councilwoman Fraverd - nay Councilwoman Ralphe— nay The motion FAILED on a vote of 4 -2. Councilwoman Hutcheson AMENDED the motion to approve the fee schedule as presented with direction to the Commission to review the resident/non-profit by the next Council meeting (August 2nd) and prepare a recommendation for Council consideration as to whether a new category should be created and Councilman McNeill SECONDED the motion. Mayor Morgan reiterated what Councilwoman Hutcheson was proposing. The fee schedule would be adopted as presented. At the next meeting, if the Council approved the recommendation of the Commission for a reduction in the fee schedule, those groups who had paid the higher fees would receive (11116, a refund. Councilwoman Hutcheson said that was correct, but since the Center would not be open until September 8th,no one would be paying those fees yet.• . Councilwoman Fraverd supported this concept. Mayor Morgan said she would rather see the Council vote on the ballroom, service clubs, monthly meeting, the lobby, catering rates and leave the first group alone until the Commission had a chance to review it. Councilwoman Fraverd asked how the Commission had come up with the proposed rates. Chairman Nichols said that when the Commission reviewed the rate structure, they realized that this was a big project. The facility would be publicly marketed throughout the greater Phoenix area. They had tried to have as few categories as possible in order to make administration of fees and policy as simple as possible. There was never any intent to make this a hardship for anyone. He stated the Commission could revisit the number of service organization who were not paying anything and those paying small fees. He suggested that the Commission could have those numbers ready for the Council to review at their next meeting now that they had the intent of the Council. Mr. Farrell commented that Councilwoman Hutcheson's amendment was a dispositive. He pointed out that the amendment replaced the main motion and if the Council decided to support the amendment, a yes vote would bring this issue to closure and would adopt the proposed rate and direct the Commission to come back next month. A second vote would not be required to adopt the rate. Councilman Kavanagh MOVED to table this issue until the first Council Meeting in August and Mayor Morgan SECONDED the motion, which resulted in a tie vote of 3 - 3. Mr. Farrell confirmed the motion to continue FAILED. L Town Council Minutes Regular and Executive Session 7/05/01 Page 7 of 16 Councilwoman Hutcheson restated her motion. Councilman McNeill agreed with that direction. Councilwoman Ralphe was willing to support that action. Arvid Dennis, 16644 Last Trail He proposed the Council pass the rates as presented exempting the residential/non-profit groups for 60 days until a new study can be done and then the Council could vote on the issue at that time. The amendment motion CARRIED on a vote of 5 - 1. Councilman Kavanagh cast the nay vote AGENDA ITEM#11. CONSIDERATION OF THE ADOPTION OF THE TENTATIVE BUDGET FOR THE FISCAL YEAR 2001-2002 WITH APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENT IN ACCORDANCE WITH STATE LAW. THE COUNCIL MAY ADDRESS ANY OR ALL ITEMS CONTAINED IN THE BUDGET DOCUMENT AND INITIATE ANY SUGGESTED CHANGES PRIOR TO ADOPTION. Mr. Farrell confirmed that changes had been made according to the Council's direction during the budget hearings. He stated that this was step one in a two-step process. The Council was fixing the bottom line of the budget in step one. The budget could not be increased after the vote this evening, but the operation budget could be decreased and/or exchanges among line items could be made within the budget. He acknowledged that Ms. Ghetti would be publishing certain documents in accordance with the State Auditor General as required by law. Mr. Farrell recommended approval of the tentative budget directing staff to make the appropriate advertising requirements so that the final budget could be adopted. Councilwoman Hutcheson MOVED to adopt the 2001-2002 budget with direction to staff as presented and Councilwoman Ralphe SECONDED the motion. Councilwoman Ralphe asked if percentages could be included in next year's budget for comparison Low purposes. She said that would be helpful. Mr. Farrell said statistically information could be provided on a running basis during the current fiscal year. Council would then have that information as they planned for the second fiscal year. He said it was difficult in fund balance accounting and municipal expenditures to make valid comparisons between a"for profit"corporation and a municipal corporation. The motion CARRIED unanimously. AGENDA ITEM#12. CONSIDERATION OF RESOLUTION 2001-34 AMENDING THE PERSONNEL POLICIES AND PROCEDURES FOR THE TOWN OF FOUNTAIN HILLS BY AMENDING POLICY 6.5 SICK LEAVE; AND 6.6 FUNERAL LEAVE. Mr. Farrell requested that this item be continued until the August 2nd Council meeting so that he might become more familiar with this issue. Councilwoman Fraverd MOVED to continue this item until the August 2nd Town Council Meeting and Councilman McNeill SECONDED the motion, which CARRIED unanimously. Mayor Morgan called for a break at 7:50 p.m. She reconvened the meeting at 8:00 p.m. AGENDA ITEM#13. CONSIDERATION OF A DEVELOPMENT AGREEMENT TO ALLOW FOR THE EAGLE MOUNTAIN VILLAGE MARKET PLACE TO BE DEVELOPED WITH RETAINING WALLS AND MANUFACTURED SLOPES THAT EXCEED THE MAXIMUM ALLOWABLE HEIGHTS AS REGULATED BY THE SUBDIVISION ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS. ,,.► Town Council Minutes Regular and Executive Session 7/05/01 Page 8 of 16 Director Valder made one presentation for both the Preliminary and Final Plat and the development agreement. He reviewed the Fry's site plan and summarized the project and the plan status. He pointed out that the only purpose of the development agreement was to permit the Town to review and approve this project's retaining walls and manufactured slopes, which exceed the regulations of the subdivision code. Director Valder discussed the project traffic circulation pattern and discussed the stipulations of the preliminary and final plat. He stated that staff and the Planning and Zoning Commission were recommending approval of both items. Councilman Kavanagh MOVED to approve the development agreement as presented and Councilwoman Fraverd SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#14. CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE EAGLE MOUNTAIN VILLAGE MARKET PLACE(AKA FRY'S SHOPPING CENTER),A COMMERCIALLY-ZONED SUBDIVISION PROPOSED FOR PARCEL 1 OF THE EAGLE MOUNTAIN DEVELOPMENT, LOCATED AT THE SOUTHEAST INTERSECTION OF EAGLE MOUNTAIN PARKWAY AND SHEA BOULEVARD, CASE NUMBER S2001-20. Councilwoman Hutcheson MOVED to approve the preliminary and final plat as presented and Councilwoman Ralphe SECONDED the motion. Councilwoman Ralphe was happy to see the discussion about significant attention given to lighting considerations. She asked that the council consider one more lighting consideration, which was illumination levels. She noted guidelines were available from the Illuminating Engineering Society of North America. This organization's guidelines were respected and widely used in the lighting industry. Councilwoman Ralphe AMENDED the motion requesting that the guidelines of the Illuminating Engineering Society of North America be incorporated here as a stipulation to the preliminary plat and Councilwoman Fraverd SECONDED the motion. Councilman Kavanagh asked for staff comment. Director Valder said he had those standards and they were sensitive lighting standards. He confirmed that much of the Code was consistent with those standards. Councilman Kavanagh asked if this plat complied with these standards. Director Valder responded that the proposed parking lot lighting was in compliance. Other than the parking lot lighting and the security lighting, there wasn't much other outside lighting. He felt that the surrounding residents would be shielded. He did not think the guidelines were inconsistent with what staff had been talking to the property owner about complying with. Councilman Kavanagh asked if this stipulation could be added at this time. Mr. Farrell replied that the platting requirements did technically have to meet the existing subdivision ordinance. If there was a question regarding the lighting, staff could use the standards to determine any dispute resolution. If the adoption of the standards would cause a significant change in what the Council had previously approved, then the guidelines could not be required without the adoption into to the Code. Councilman Kavanagh questioned that if the amendment passed, would it prompt the applicant to comply but not require them to do so. Mr. Farrell felt that the spirit of Councilwoman Ralphe's amendment had been to offer it as a guideline if there were to be a dispute over intensity. He noted that it would be worthwhile in the future to have Director Valder take it to the Planning Commission and to his staff and ask if there were problems. Ultimately it would come back to the Council for adoption consideration and then the council could use the standards as the guideline. Councilwoman Ralphe confirmed Mr.Farrell's summation of her amendment. Charlie Hicox, 5343 N. 16th, Ste. 460, Phoenix(developer of the site) He stated that they did not plan to have any obtrusive lighting. As he was unfamiliar with the guidelines, he could not agree to that stipulation without knowing exacting what the specifics of that particular code were. He couldn't say that he (the developer) would comply with that code, but they would try not to have any trespassing lighting. Town Council Minutes Regular and Executive Session 7/05/01 Page 9 of 16 Councilman Kavanagh asked if he would have any problems if there were to be a dispute trying to comply with the spirit of these standards. Mr. Hicox said that was correct. The amendment CARRIED unanimously. Councilwoman Fraverd asked Director Valder why it did not work to rotate the rear of building to face the east. She thought that would have been a more attractive alternative. Director Valder said that he understood that Fry's was interested in having a site plan where the truck traffic would not come into contact with any customer traffic. Councilwoman Fraverd asked why they couldn't have routed the truck traffic to the eastern portion of the site where they could have had a separate entrance. Paul Price,architect for the project He said it was because of the extensive grade change from the intersection to the eastern boundary of the property along Shea. Because of ADA concerns and access to the building the grade slopes through the site were extensive. It was almost impossible to accommodate ADA concerns as well as bring in the truck traffic at the back of the site. It would have mandated 30' retaining walls along the back wall. It would have created a situation where there would have been unaccomplishable grade transitions for the trucks coming in off Shea. He stated that the 12% grade now met the industry standards for grade change for truck traffic coming into a site. He stated that they had worked with the community for the past year to ensure that they had addressed their concerns. They had also worked with staff to address the grade transitions issues along Shea. To help accommodate some of the concerns,the building had been counter sunk between 15 and 18 feet to mitigate the impact on Shea Boulevard. Councilwoman Fraverd asked what the reasoning was behind the grading of this property ahead of time. Mr. Price responded that the project had been with staff and the Town for more than a year and Fry's did have schedule as to when they would like to have the store open. He pointed out that they were long on site in terms of the amount of fill. It would be advantageous for them at this time since there was another development in Town that wanted 40,000 yards. Other areas wanted yardage and this would help facilitate that opportunity. He confirmed that the documents had been filed with Engineering and the Town. Councilwoman Fraverd asked what the time frame was between finishing the grading and for construction to begin. Mr. Price replied it would be immediate. Councilwoman Fraverd reminded the developer that this was a dusty time of the year. She did not want to see a dust devil there continuously for the next three months. Mr. Price assured her that they would comply with the County's dust control regulations. Mr. Hicox hoped that they could complete the plan submittal and building process in one constant motion. The amended motion CARRIED unanimously. AGENDA ITEM#15. CONSIDERATION OF A DEVELOPMENT AGREEMENT TO ALLOW FOR THE SHEA RETAIL CENTER TO BE DEVELOPED WITH MANUFACTURED SLOPES THAT EXCEED THE MAXIMUM ALLOWABLE HEIGHTS AS REGULATED BY THE SUBDIVISION ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS. Director Valder again combined his presentations for the development agreement item and the final plat. He pointed out that both the Planning and Zoning Commission and the Council had spent a considerable amount of time on the Shea Retail Center (otherwise known as the Target project). In April of 2000 the Town Council had approved the preliminary plat with a number of stipulation. Over the past year staff had been working with the developer to refine plans, get improvement plans, and now the applicant had turned in the second version of his improvement plans. This was the typical point where staff came to the Town Council Minutes Regular and Executive Session 7/05/01 Page 10 of 16 Council and sought approval for the final plat. He confirmed the only change to the project as presented last April was that on the preliminary plat there were three lots and now there were two. He referred to his staff report, which talked about one issue because all other issues could be taken care of administratively. He reviewed the project's conformance with the Town's hillside disturbance regulations under the subdivision ordinance. He had included the two stipulations, which had appeared on the preliminary plat, in page three of his staff report. The applicant was proposing to over grade or over disturb the hillsides on the property and they needed to come up with some hillside transfer from areas within the Town that were acceptable to the Town Council. Staff had been looking at several wash parcels that were not meeting one of three criteria. The criteria had to do with whether or not staff would recommend Council approval of the transfers from those sites. The criteria were: • If the Town already owned the land,staff knew it would stay undisturbed. • If a hillside protection easement were on that land, the Town wouldn't accept it because it was protected by that easement. • If it was zoned OSR there would be hard zoning on the land and the Town could ensure that the land stayed undisturbed. Last April, staff had looked at several open space parcels that were owned by various property owners associations throughout the Town. Because of an error in the zoning map, two larger parcels that had been identified as residentially zoned were actually zoned OSR, so those two or three parcels were eligible. That put a crimp in the applicant's plans to get that property owner to convey at least a hillside protection easement to the Town to facilitate that transfer. The applicant was left with three pieces of land. Two were wash parcels in the North Heights area and the other was an unplatted parcel called the Westridge Parcel. This parcel was currently owned by MCO and was located east of the Westridge Estates parcel but not a part of either the Westridge Estate or Westridge Village subdivisions. He referred to his staff report regarding the slope and area calculation received from the applicant's civic engineer. He summarized that with these three proposed parcels of land and proposed added preservation on site, the applicant was short 3.8861 acres on the hillside category over a 30% slope. Staff worked to provide the applicant some options, but the burden on compliance was on the applicant and not on the Town to • create a way for it to work. Director Valder reviewed stipulation 1B with regard to the final plat. Staff had worked this plan out based upon the mountain settlement agreement going forward with the Town acquiring land up in the McDowells. He explained that staff had offered the applicant the possibility, without putting a price on the land,of participating with the Town in acquiring 3.8861 acres of that land thus using that participation as a way to transfer the hillside disturbance that the project side needed. He understood that the applicant was ok with this stipulation. The only matter that needed to be settled was what it would cost them to participate. Director Valder acknowledged that there were several numbers that the Council could use as a guide. He noted that the applicant had an appraisal for the two North Heights washes where it had appraised at $700 per acre. On the high end, the Town had MCO's appraisal at $60,000 per acre. The question to the Council was how much should the price per acre be. He explained that another number from high to low include the price per acre that the Town would pay under the settlement agreement of approximately $38,100 per acre. He offered another important number, $20,000 per acre, which represented the per acre price that the Town utilized to assess the Town owned open space when adopting the open space development fee last fall. Director Valder stated that he did not have a cost recommendation for the Council. The concept of price per acre and multiplying that by 3.8861 and fill in the blank and that could be implemented through a motion to approve. Director Valder acknowledged that this applicant was very anxious to get started on their project. They wanted to start grading as soon as possible. He noted that staff did not typically issue "at risk" grading permits. However, when there were applicants with whom staff had good experience and a good understanding that the project would commence and would be completed, with the construction Town Council Minutes Regular and Executive Session 7/05/01 Page I 1 of 16 assurances in hand, staff would permit an "at risk" grading permit. He further stated that staff was waiting on a couple of things. He confirmed that staff would like to issue such a permit in this instance. He asked if council had any concerns or reservation to please contact him. He acknowledged that staff was comfortable with issuing this permit as long as the assurances were in hand as well as a letter from the property owner(s) giving the Town the right to pull some of those assurances in case the plan fails for revegetation purposes. Director Valder asked Council to delete item 1C in order to help the North Heights Property Owners Association facilitate the transfer. This item 1C had to do with the Town's use of eminent domain powers to assist the developer in acquiring these off site lands. He stated that in conversations with the Home Owners Association and the applicant, it sounded like they would be able to come to an agreement without potential condemnation. He explained that without that language there were some CCR restrictions that would allow the association to convey that property easier but could be seen as threatening language in the Town's stipulations. Mr. Farrell suggested that the Council could make the motion to approve with the conditions as set forth by the Community Developer Director, deleting stipulation 1C and inserting a hypothetical amount of $125,000 in item 1B. Then the council could discuss the issue further. Councilwoman Hutcheson MOVED to approve the development agreement with the conditions as set forth by the Community Developer Director by deleting stipulation 1C and inserting the amount of $125,000 in item 1B as presented and Councilman Kavanagh SECONDED the motion. Councilman Kavanagh asked if they were talking about the exchange of property with a slope in excess of 30°. Director Valder said that was correct. Mr. Farrell clarified that that the slope was 10—20 and 20 — 30. Director Valder stated that the 3.8861 acres represented over a 30% grade and the applicant was complying with the 10-20-and 20—30. Councilman Kavanagh asked if that property would be difficult to build on. Mr. Farrell agreed it would. Councilman Kavanagh clarified that the Council was being asked to place a value on 3.8861 acres of non-buildable land. Mr. Farrell agreed and explained his logic behind the $125,000 figure. The issue of slope disturbance calculations was a complex situation and came from the discovery of a significant wash on the property. The developer was faced with taking a 51-acre parcel and setting aside 15 acres on site, leaving him a net developable area of 35 acres and still not have sufficient land set aside under disturbance. Staff had identified areas where the developer could potentially find land for sale that could purchased and ultimately be deeded to the Town, or in the alternative preserve,but encumbered with an easement. The developer had found 46 such acres from two separate homeowner associations. He explained that the North Heights folks met with staff earlier in the week and that was the result of the second stipulation. He said staff had wrestled with what numbers could be used. He agreed there was quite a range, but the operative figures came within the low to middle thirties. Mr. Farrell said in meeting with the developer they were willing to offer the $125,000 for Council consideration, which represented the monies that they had set aside for acquisition of this land, what they had already spent to date in appraisals,litigation title guarantees engineering fees transportation fees and come up with a net relatively close to the MCO acquisition price to the Town and the Town's appraisal. Therefore, the $125,000 represents $32,165 per acre. He noted that the developer's attorney had indicated that they were willing to accept that figure. Councilman Kavanagh said that was in spite of the fact that the other transfer of the land was priced at $700. Mr. Farrell said the developer would certainly like less. He had indicated to them that they could come to the podium and ask for the $700 per acre, but he had pointed out to them that the sum of $125,000 should make the plan work, as the Town has been anxious to get this project in. Councilwoman Hutcheson agreed that $32,000 an acre was a reasonable offer. She said the town had given $1 million for this project and staff had found land for the applicant that would meet their hillside requirement. The price was higher but the appraisal had averaged out to be $32,000 an acre. If the Town Town Council Minutes Regular and Executive Session 7/05/0I Page 12 of 16 wanted to see this project proceed, it was reasonable to ask the developer to pay the Town's average appraisal. She pointed out that the Town's price of$38,100 had come from many other considerations and negotiations. It was obvious that the applicant could not go out and buy mountain land from MCO who was the only other mountain land property owner. MCO's appraisal had come in at$60,000 per acre and she did not foresee MCO selling any mountain land under that price. She reiterated that$32,000 was an average of what the Town's appraisal was and she thanked the developer for their monetary offering. Mayor Morgan asked why they didn't get credit for the new wash. Director Valder explained the idea of the hillside preservation regulations was to preserve pristine hillside and not to allow for a tradeoff where the applicant could grade whatever they wanted. As long as it was revegetated, then applicants might grade all of their land and not preserve anything in that pristine state. That would result in manufactured 3 to 1 slopes everywhere with varying revegetation qualities. He had understood that the Council's intent in 1996 had been to have each property owner preserve a portion of their property depending on the slopes. Mr. Farrell agreed with Director Valder and commented that in 1996 that had been the direction taken by the Council but they had been warned that the new ordinances could at some point in time bring the Town an "as applied" challenge. He pointed out that those ordinances were not cut in stone. As the Town reached build-out, staff might have to come to the Council with a third or fourth alternative because of the lack of land availability of this type of land just as a way of meeting the Town's ordinance. Councilwoman Fraverd asked if the traffic light payment had been resolved. Town Engineer Mr. Harrel responded that he had presented the Town's opinion as to the percentage cost share on the traffic light to Target and they had agreed. Mr. Harrel noted that staff had planned on bringing this issue to the Council in the next few weeks. Councilman McNeill voiced his support that $125,000 was a reasonable compromise and he appreciated their offer. Ralphe Pew, 10 W. Main St. (Barclay Group) He asked the Council to consider a change in the final plat stipulation 3C. He apologized to Director Valder for this last minute change but he and Trey had just reread the document. He stated that to maintain the hydro seed areas and install irrigation lines out to would be difficult. They asked that the council consider a substitute of decomposed granite maintained in a weed free condition so that the developer did not incur the expense of taking temporary irrigation lines out to that pad site. Director Valder said that particular stipulation would not kick in until the developer had all of their construction assurances returned to them from the Town, which typically was a year to two years after all of the improvements had been made. If a pad wasn't constructed on, which could take up to 21/2 years from today, the Town would want something on it that looked nice. The main idea was to keep the dust reduced to manageable levels. Director Valder stated that he did not have a problem with that change. Mr. Pew stated that with that revision to condition to 3C, and with the inclusion of$125,000 in 1B, he urged the Council to approve the development agreement and the final plat. Director Valder commented that this development agreement was very similar to that of the one just approved for the Fry's project. He noted it would only permit unretained slopes within the Shea right-of-way. This was done at the request of the Town Engineer to avoid having to put up a guardrail right off the curb for the entire length of the Target project. Councilman Kavanagh AMENDED the motion to revise 3C allowing the developer to utilize crushed granite and weed control or hydro seed and Councilwoman Fraverd SECONDED the motion. The amendment CARRIED unanimously. Town Council Minutes Regular and Executive Session 7/05/01 Page 13 of 16 Richard Stainaker,President of the North Height HOA(15031 Los Mochis Ct.) lie announced that the board was willing to pursue the sale of the wash land to the Barclay Group based on the information that they had. He said it was the board's intent to bring this to a speedy conclusion and to work with staff and Council to achieve that end. The amended motion as presented CARRIED unanimously. Mr. Farrell thanked the North Heights Homeowners Association for their cooperation in this issue. AGENDA ITEM#16. CONSIDERATION OF THE FINAL PLAT FOR THE SHEA RETAIL CENTER (AKA THE TARGET CENTER), A COMMERCIALLY ZONED SUBDIVISION PROPOSED FOR SOUTHWEST OF THE SHEA BOULEVARD/SAGUARO BOULEVARD INTERSECTION,CASE NUMBER S1999-40. Director Valder asked that all of the amendments just made pertained to the final plat and he asked that the council repeat them for this issue. Councilman Kavanagh MOVED to approve the final plat as amended in the development agreement(1B- $125,000, 1C-was deleted, and 3C added the use of granite and weed control) and Councilwoman Fraverd SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#17. PUBLIC HEARING ON A PROPOSED SPECIAL USE PERMIT REGARDING A WIRELESS COMMUNICATIONS FACILITY CONSISTING OF AN EQUIPMENT ROOM WITHIN THE EXISTING STRUCTURE AND A NEW BUILDING CUPOLA CONTAINING STEALTH ANTENNAS AT THE COMFORT INN,AKA FINAL PLAT 704,LOT 2,CASE NUMBER SU2001-09. '.ayor Morgan recessed the regular session of the Town Council and opened the public hearing at 9:16 Ntiptm. • Senior Planner Jesse Drake stated that this was an application for Verizon Wireless to construct a stealth wireless facility at the Comfort Inn. She explained that the logistics and design of the proposed antennas, which would be hidden within a prefabricated cupola and placed upon the building's existing roof. She confirmed that the height limitation for this district was 40' and construction would not exceed that. Co- location within this particular copula would not be applicable with the current technology. However there might be other applications for co-location at the Comfort, Inn just not at this particular copula. The applicant had looked at six alternatives before deciding on this application. Ms. Drake said that this application came before the Council as a special use permit because it was slightly too close to the Fire Rock Resort Casitas, which were residential units. The applicant contacted the homeowners association and delivered extra material to them to see if there was any response from them towards this application. She noted that she had not received any response from them and the applicant was present to answer any questions. Mayor Morgan reconvened the regular session at 9:19 p.m. AGENDA ITEM#18. CONSIDERATION OF A SPECIAL USE PERMIT REGARDING A WIRELESS COMMUNICATIONS FACILITY CONSISTING OF AN EQUIPMENT ROOM WITHIN THE EXISTING STRUCTURE AND A NEW BUILDING CUPOLA CONTAINING STEALTH ANTENNAS AT THE COMFORT INN, AKA FINAL PLAT 704, LOT 2, CASE NUMBER SU2001-09. L Town Council Minutes Regular and Executive Session 7/05/01 Page 14 of 16 Councilman McNeill MOVED to approve the special use permit as presented and Councilwoman Ralphe SECONDED the motion. fikw Councilman Kavanagh commented that for every antenna that was stealth and hidden was one less ugly one that could be seen. He was happy to see that the Town would have another one similar to the hidden saguaro and the flagpole. He felt that was the only way that these antennas could co-exist with people aesthetically and he applauded this stealth application. Councilman McNeill agreed that the stealth approach was the way to go. The motion CARRIED unanimously. AGENDA ITEM#19. CONSIDERATION OF A CUT/FILL WAIVER FOR EAGLE MOUNTAIN PARCEL 5,LOT 11,AKA 9824 N.TALON TRAIL, CASE NUMBER CFW2001-02. Mr.Burkhardt briefly explained the intention of the 10' cut would minimize the degree of grading and fill scar of the manufactured artificial slope. He described the homeowner's proposed modifications and site plan. He noted that there weren't any visible effect of this cut and the house was designed to be sensitive with the topography on the lot. He confirmed that the Planning and Zoning Commission unanimously recommended approval and staff agreed. Councilwoman Hutcheson MOVED to approve the cut/fill waiver as presented and Councilwoman Ralphe SECONDED the motion. Councilwoman Fraverd questioned if the cut was for the elevator or for the garage. Mr. Burkhardt replied the greatest depth was for the elevator pit but there was more area involved. Councilman McNeill asked if the area where the elevator pit was that a dug out area at a lower grade than the garage door itself. Mr. Burkhardt responded no. The applicant had created a mechanism that was sheltered within a storage area to the side of the elevator well so that they did not have to that excavation. Councilwoman Fraverd questioned if a cut waiver for a resident had been granted before. Director Valder said no. There had been one application for a fill waiver, which had been rejected by the Council because it took three stacked retaining walls and could be seen from off site. He commented that this would be completely hidden from view. Councilwoman Fraverd asked if staff had concerns about possibly approving the first of what could be many applications. Director Valder replied yes and no. As construction began in the hills there might be some expectation that the applicant could come to the council instead of applying for a home that was sensitive to the topography. Now the Town's statements and recommendations would be hinged on the extent to which the cut or the fill could be seen from off site. He reiterated that this application would be totally hidden and underground. If you didn't walk into the garage, there wasn't any indication that the cut had occurred as opposed to if it was a cut for a street, where retaining walls would be needed. Director Valder stated that the Council would not see a staff recommendation of any cut or fill for a single-family home that was visible from outside the house. Councilwoman Fraverd asked if Director Valder was comfortable with this particular cut. Director Valder responded yes. The motion CARRIED unanimously. AGENDA ITEM#20. CALL TO THE PUBLIC. No one came forward. L Town Council Minutes Regular and Executive Session 7/05/01 Page 15 of 16 AGENDA ITEM#21. ADJOURNMENT. Councilman Kavanagh MOVED to adjourn and Councilwoman Fraverd SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 9:28 p.m. TOWN OF FOUNTAIN HILLS By: haron Morgan,Mayor A 1'"1'hST: (A413-"1---\--6 )O Cassie B. Hansen, Director of Administration/Town Clerk /1 PREPARED BY: Bev Bender,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Meeting held by the Town Council of Fountain Hills on the 5th day of July 2001. I further certify that the meeting was duly called and that a quorum was present. DATED this 21'd day of August 2001. tt,1/1,‘,11 -41_3 Cassie B. Hansen, Director of Administration/Town Clerk L Town Council Minutes Regular and Executive Session 7/05/01 Page 16 of 16