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HomeMy WebLinkAbout2001.1004.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL October 4,2001 Mayor Morgan called the regular session of the Town Council to order at 5:00 p.m. AGENDA ITEM #1 - PURSUANT TO A.R.S. §38-431.03.A.1, AND A.R.S. §38-431.03.A.3., 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; (SPECIFICALLY TO DISCUSS THE STATUS OF THE ACTING TOWN MANAGER); AND DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY (SPECIFICALLY REGARDING INTERGOVERNMENTAL RELATIONS); RESPECTIVELY. Councilwoman Ralphe MOVED that the Council convene the executive session and Councilwoman Hutcheson SECONDED the motion, which carried unanimously. Mayor Morgan adjourned the executive session at 6:20 p.m. Mayor Morgan reconvened the regular session at 6:30 p.m. Following the pledge to the flag and invocation by Councilwoman Hutcheson,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 Sharon Hutcheson, John McNeill, John Kavanagh, Susan NbirRalphe, and Leesa Fraverd. Also present were Acting Town Manager/Town Attorney Bill Farrell, Director of Administration Cassie Hansen,Director of Public Works/Town Engineer Randy Harrel,Assistant Director of Public Works Tom Ward,and Director of Community Development Jeff Valder. MAYOR'S REPORT: • Mayor Sharon Morgan will give an update on: • the medical condition of Town Manager Paul Nordin • the Fire District AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF SEPTEMBER 20. 2001. AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL FOUNTAIN FESTIVAL. THE ANNUAL EVENT, SCHEDULED FOR NOVEMBER 9 THROUGH 11, 2001, WILL RUN FROM 10:00 A.M. TO 5:00 P.M. AND WILL REQUIRE THE CLOSURE OF SAGUARO BOULEVARD BETWEEN EL LAGO AND PARKVIEW AVENUE AND THE AVENUE OF THE FOUNTAINS BETWEEN SAGUARO BOULEVARD AND LA MONTANA DRIVE. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE TO BE USED IN CONJUNCTION WITH THE ANNUAL FALL FESTIVAL SCHEDULED FOR NOVEMBER 9 THROUGH 11,2001. GENDA ITEM #4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE 110TOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL THANKSGIVING DAY PARADE. THE EVENT, SCHEDULED FOR THURSDAY, NOVEMBER 22, 2001, FROM 6:00 A.M. TO 11:00 A.M., WILL BE HELD ON PORTIONS OF PANORAMA, EL LAGO, SAGUARO, PALISADES AND LA MONTANA DRIVES REQUIRING PARTIAL AND FULL STREET CLOSURES ALONG THE PARADE ROUTE. AGENDA ITEM #5 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL STROLL THE AVENUE. TH EVENT, SCHEDULED FOR SATURDAY, DECEMBER 1, 2001, FROM 5:30 P.M. TO 7:30 P.M., WILL BE HELD ON THE AVENUE OF THE FOUNTAINS, REQUIRING CLOSURE FROM SAGUARO BOULEVARD TO LA MONTANA DRIVE. AGENDA ITEM #6 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION POST 58 LOCATED AT 16837 EAST PARKVIEW. THE LICENSE APPLICATION IS FOR THE GRAND OPENING OF THEIR NEW BUILDING AND A MEMBERSHIP DRIVE SCHEDULED FOR SATURDAY, OCTOBER 20, 2001, FROM 9:00 A.M.TO 11:00 P.M. AGENDA ITEM #7 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION POST 58 LOCATED AT 16837 EAST PARKVIEW. THE LICENSE APPLICATION IS FOR A SCHOLARSHIP FUND FUNDRAISER TO BE HELD IN CONJUNCTION WITH THE FALL FESTIVAL ON FRIDAY,SATURDAY (8:00 A.M.TO 10:00 P.M.)AND SUNDAY(10:00 A.M.TO 9:00 P.M.),NOVEMBER 9 THROUGH 11,2001. AGENDA ITEM#8- CONSIDERATION OF REDUCING THE RENTAL RATES OF THE BALLROOMS AT THE NEW COMMUNITY CENTER BY$50. Mayor Morgan removed herself from the dais due to a conflict of interest. Vice Mayor Wyman read the consent agenda. Councilwoman Fraverd MOVED to approve the Consent Agenda as just read and Councilman McNeill SECONDED the motion. A roll call vote was taken with the following results. Vice Mayor Wyman - aye Councilman McNeill - aye Councilwoman Hutcheson - aye Councilwoman Fraverd- aye Councilman Kavanagh- aye Councilwoman Ralphe— aye The motion CARRIED unanimously. AGENDA ITEM # 9 - ROTATION OF THE POSITION OF VICE MAYOR TO COUNCILMAN KAVANAGH. THE VICE MAYOR IS AN EIGHT-MONTH, ROTATING POSITION TO BE HELD BY EVERY COUNCILMEMBER. Mayor Morgan called upon Vice Mayor Wyman to transfer the nameplate to Councilman Kavanagh who would hold the Vice Mayor position for the next eight months,which he did. AGENDA ITEM # 10 - CONSIDERATION OF APPOINTING THREE CITIZENS TO THE PLANNING AND ZONING COMMISSION TO FILL THE VACANCIES CAUSED BY EXPIRING TERMS. Mayor Morgan MOVED to reappoint Jay Schlum and Michael Downes and appoint William O'Brien to the Planning and Zoning Commission. Councilwoman Hutcheson SECONDED the motion, which CARRIED unanimously. AGENDA ITEM # 11 - CONSIDERATION OF ACCEPTING FINANCIAL RESPONSIBILITY FROM THE LAKESIDE VILLAGE ASSOCIATION FOR THE PRIVATE SECURITY DUSK-TO-DAWN LIGHTING AROUND FOUNTAIN PARK. Mr. Ward introduced the attending SRP representatives Kathy Lee and Cecilia Riviere. He stated that staff had held meetings with SRP and looked at the various options, which he reviewed and clarified. He pointed out that staff took n forma position regarding the Town's assumption of the responsibility of the Lakeside Village private security dusk to dawn lighting. Town Council Meeting Minutes 10/4/01 Page 2 of 14 Vice Mayor Kavanagh MOVED to approve the acceptance of financial responsibility from the Lakeside Village association Councilwoman Fraverd SECONDED the motion. 7ouncilwoman Fraverd questioned if Parks and Recreation had provided input as to what kind of lighting they were planning on using in the park when finishing off the park improvements. Mr. Ward stated that he had met with Parks and Recreation about their future plans for the park. Parks and Recreation did not feel future improvements would influence the streetlights. Councilman McNeill said he was under the impression that Parks and Recreation was to have provided information on the type of lighting that they envisioned around the park perimeter. Mr. Ward said he would check into that. Vice Mayor Kavanagh asked if staff preferred SRP designed lights or did staff prefer the Town pick the lights and install them. Mr. Ward replied that staff had not formed an opinion on that issue. Vice Mayor Kavanagh noted that if the Town were to choose SRP's lights there would be a limited selection. Ms.Riviere replied that SRP had five different light styles. Councilwoman Ralphe asked if SRP could put estimates on what each option would cost. Ms. Riviere explained the cost differences between the options. She noted that some options contained variables and on those she would not be able give the Council an estimate,as she would need additional information. Councilman McNeill asked if SRP had brought drawings of the five SRP standards. Ms. Riviere responded no. She described the design styles of the available lights. Councilman Wyman clarified that since Parks and Recreation had not gotten into their preference for aesthetics, options 2 and 2a were not on the table for consideration. He felt that if Parks and Recreation did not have an interest or state a preference for 2 or 2a,then how could the Council consider these two options. Mr. Ward agreed that Parks and Recreation did not seem concerned. Councilman Wyman suggested that the Council choose one of the other three options until such time as Parks and Recreation proposed a change in the plan for light improvements around the park. He noted that dealing with SRP later would not be any more of a problem than choosing to deal with SRP now. Vice Mayor Kavanagh agreed with Councilman Wyman. Vice Mayor Kavanagh said if the Town wanted to assume responsibility for these lights, the Council needed to decide what o do with those lights that broke away from the park. He wanted to hear from the property owners regarding those lights. ,Mayor Morgan asked if the Town was responsible for any other lights in any other residential area. Mr. Ward replied that he was not aware of any other streetlights that the Town took care of at this time. Councilwoman Hutcheson asked if the Town were to assume the lease or part of the lease, could the Town come back and renegotiate with SRP at a later time. Ms. Riviere said yes, SRP would be open to discussion at anytime. Councilwoman Ralphe asked if the lighting could be changed to full cut off lights or timed to meet the needs of park officials. Ms. Riviere said that would be open for discussion and she would have to look into the present light operations. She felt that SRP could look at modifying that to accommodate the dusk to dawn sky ordinance. Daniel Noss, 14603 N Fairlyn He was against having lights in the park and did not see the "dark sky" policy as a safety issue. He felt the lights could be turned off. Bill Wadsworth(Mirage Homeowners Association and President of the Lakeside Village Homeowners Association), 17131 Grande Favored option#1 Warren Davis, 16836 E. Pintail Ct. Favored Option#1 Councilwoman Fraverd asked why these lights were necessary. Mr. Ward responded there were lights on some of the Town's roadways. He referred to the Town Engineer's memo, which listed the various areas where residential lights on the roadways existed. Mr. Ward noted that these lights were not the Town's lights. He did acknowledge that similar lighted %/areas existed. Councilwoman Fraverd asked if there was a safety issue that she was missing. Mr. Ward reminded Councilwoman Fraverd that staff did not have an opinion one way or another. Town Council Meeting Minutes 10/4/01 Page 3 of 14 Mayor Morgan felt there was a need for some lights around the park for those who were not familiar with the Town streets but possibly not as many as currently were contained in the park. Councilman Wyman reminded the Council that law enforcement's opinion had been that the lights were needed for safety. Councilman Wyman said his preference was to ha• the Town responsible for the lights around the park. He wanted the remaining lights left with the homeowners' association, as he did not want to set a precedent or to reward any homeowners' association for something that was within their own jurisdiction whether they like it or not. Councilman Wyman said he would prefer option la. Vice Mayor Kavanagh heard in Marshal Gendler's presentation the security reasons for wanting the park lighting. He also agreed with Mr. Noss that in certain situations, lights could be detrimental to law enforcement. Vice Mayor Kavanagh said that although security was something of an issue, it was not a major issue in Fountain Hills. He noted that the Council needed to take into consideration the safety of pedestrians in the park. He noted that the final improvement phases of the park the Town would have bicycles, skateboards, and walking paths running through the park. In addition it would be lighted because Parks and Recreation would be trying to draw people to the park at night. He felt that perimeter lights were needed but new lights could be directed where best suited when considering Parks and Recreation needs. He reminded the Council that the public would be crossing busy streets at night to reach public parking areas outside the park. Vice Mayor Kavanagh concluded that lights would be needed for the safety of those pedestrians using the park at night. He agreed that it would be bad policy for the Town to start paying for lights outside of the park area. Vice Mayor Kavanagh suggested that the Town accept all of the lights and allow staff to decide which lights should be discarded with further direction to remove lights not in the park, give the homeowners the option to maintain those lights outside the park or, if they do not want the lights, the Town would take care of removing the lights, and request that Parks and Recreation determine the type of lights to be used at a future time. Mayor Morgan stated that she agreed with Vice Mayor Kavanagh. Councilman Wyman asked if the homeowners would agree to have those six lights removed. Those homeowners present responded yes. Councilman McNeill said that because the park perimeter area directly affected the public users of the park, it was felt that the Council should look at this lighting issue as a Town responsibility. He felt that the dismantling option offered by SW could be extended to the homeowners and would remove that monthly obligation from the homeowners association. He di not view this as a responsibility of the Town. Councilman Wyman asked SRP for their input. Ms. Riviere clarified that SRP would allow the splitting of the lease into two separate leases and this would be Option 1a. Councilman McNeill moved to AMEND the motion to proceed with Option la and Councilwoman Fraverd SECONDED the amendment. Vice Mayor Kavanagh asked what the removal costs would be. Ms. Riviere stated it varied depending upon the various factors and SRP would have to work up the numbers. Mayor Morgan asked for the worst-case scenario: if the six lights came out,who would bear the reconstruction cost of median. Mr. Ward did not think there would be any destruction to the median but if there were it would be the Town. Councilman Wyman commented that the homeowners had been paying an estimated amount of$7,000 annually for several years for the lighting. With the Town assuming responsibility for the majority of the lights, that amount would be reduced to approximately $1,350 annually. He felt that since the Town had nothing to do with putting in those lights, this was a generous position on the part of the Town. Councilman McNeill proposed staff (including Parks and Recreation staff) look at ways to have the minimum amount of lighting needed to provide for pedestrian safety in and around the park. He was confident that staff could position the lighting to optimize the protection of pedestrian traffic while minimizing the amount of lighting. The amended motion carried unanimously. AGENDA ITEM #12 - CONSIDERATION OF RESOLUTION 2001-47 INITIATING A PUBLIC PARTICIPATION PROGRAM AS A PART OF THE PREPARATION FOR THE UPDATE TO THE TOWN OF FOUNTAIN HILLS GENERAL PLAN. Senior Planner Jesse Drake stated that Arizona Statutes required that, as a part of the general plan update, the Town have a written adoption of the public participation program. She stated that this resolution initiated and formalized th .4 process. She explained that staff would be requesting input through public meetings with the Council, the Planning an Town Council Meeting Minutes 10/4/01 Page 4 of 14 Zoning Commission, the public, and other intergovernmental agencies in a variety of ways, which had not be formalized yet. Councilwoman Ralphe MOVED to approve Resolution 2001-47 as presented and Councilwoman Fraverd SECONDED Iiwthe motion, which CARRIED unanimously. Mayor Morgan recessed the Regular Session at 7:30 p.m. and reconvened at 7:40 p.m. AGENDA ITEM # 13 - DISCUSSION AND POSSIBLE ACTION REGARDING THE CURRENT FINANCIAL CONDITION OF THE TOWN AS IT RELATES TO THE MOUNTAIN LITIGATION SETTLEMENT. Mr. Farrell stated that this was a non-action item and reviewed the Town's financial condition. Mr. Farrell referred to the special report that had been distributed from the Town's accountant Julie Ghetti. This report outlined the Town's current financial condition, projected one scenario and a second scenario at reduced revenues. The major reductions were in the areas of retail sales and construction income that came to the Town through sales tax. He said the Town had every reason to believe that Target and Fry's would continue with their plans currently in the grading stages. What staff had predicted in the forecast was a reversal in the economy, and not having either Target or Fry's, along with a downturn in construction. He stated staff was trying to answer the question that if those scenarios were to happen,could the Town continue the level of service that the citizens had become accustomed to and make the obligation payments. Staff had also taken into consideration in these forecasts a reduction in state shared revenues. After the analysis of this report and the monthly activity report which combined the first two months of sales tax activity in the community, and with the first two months of the carry forward of development fees, he expressed that the Town appeared to be in healthy financial shape. He noted that Mr. Nordin and Ms. Ghetti had projected at budget time a downturn in certain revenue categories. Mr. Farrell said the budget showed sufficient cash to maintain the level of service set forth in the budget and to take on certain capital projects of which the finishing of the community center and the borrowing of the bonds for the mountain preservation were included. He said whether or not the September 11t disaster had happened, he was going to recommend that the Town not go forward with the Senior Center capital program of$.5 million dollars until after the %rneirst of the year. Staff was not certain what the final bills on the community center/library/museum were going to be or what the mountain interest and bonding costs were going to be. He stated that budget and activity report did not show anything in the current first two months collections that caused any concerns about revenues or abilities. He gave the Council the timetable for receiving the future financial reports. He expressed that Ms. Ghetti would make every attempt to have the October information to the Council at or near the December 4th meeting. He pointed out that in theory December 4th was the absolute last date for the issuance of bonds. If indicators on a national level and local collection of both state shared revenues and sales tax declined markedly for the months of September and October, then in December he would reanalyze that decision. At this point in time the Town was well positioned to expend these committed funds. Other than the $500,000 for the Senior Center, the Town would be able to meet the entire adopted budget for the year 2001-2002. Councilman Wyman stated he had made his own analysis of the revenue projections and he gave his reasoning why the Town should go ahead with the bonds. He said in looking at the numbers it would take more than a 30% decrease in building, sales tax, and development fees to compromise the land preservation effort from an economic standpoint. He pointed out that Ms. Ghetti's worst-case downside was at 14% for which she had made a very good case. Councilwoman Fraverd expressed that she had wanted to make sure that the Town was in good financial shape before proceeding with the mountain issue. She acknowledged that there might be some belt tightening but felt that the Town had enough money for this project to go forward. She felt the need to keep an eye on the situation and make changes as necessary. Councilman McNeill agreed with Councilman Wyman. He noted that if the economy didn't improve over the next couple of months, and right up to the moment that the Town was ready to issue the bonds, the Council would have to look very closely at whether or not it was a prudent decision to go forward with the project at that time. Councilman Wyman asked the Council to keep in mind that when talking about the sales tax numbers now available that this was ,,,noney that could not be used for any other purpose other than the purchase of mountain land and that would not compromise anything else in Town. Town Council Meeting Minutes 10/4/01 Page 5 of 14 Councilman McNeill asked if he was correct that the 3/10 of a cent of sales tax that was to be used for mountain preservation was expressed as intent rather than a legal obligation that required those funds to only be used for the mountains. Likewise with the 1/10 of a percent designated for the downtown development, there had also been the intent to use it for a specific purpose but it was not legally restricted to only that purpose. Whereas, the developmer fees were legally restricted to those designated purposes. He said that if the Town had problems in other parts of the Town's budget, the sales tax revenue from the preservation tax could be used to help the rest of the budget. Mr. Farrell agreed that technically both councilmembers were correct. Legally the council could only bind itself during the course of its political life. However, when the Municipal Property Corporation exercises the lease on the mountain land that would give the Town the rest of that money. The Town would be creating one of the primary debts that Ms. Ghetti would start with each year during the budget, which were obligation bonds and sales tax bonds so that those obligations were there. When the land preservation issue ended, other councils could continue the tax for other purposes or roll it away. If it were the source for other fundamental payments, it could be diverted. Once borrowed, the Town would have locked in those revenues. Mr. Farrell clarified point out that the proposed 4% decrease in State Shared Revenues was only a suggestion by the governor at this point. He stated that the Arizona League of Cities and Towns had called a meeting with the Legislature for the 17th of October to discuss this issue. He noted that there wasn't any bill in the Legislature now that would take 4% away from the Town. He concluded that there was a great deal of political pressure that would be put on the legislature by the major cities and towns in opposition. He said that Fountain Hills would stand with the leadership of District 28 to be a force to help in that regard. He concluded that the Council might be called upon, as elected officials,to come down to the Legislature and rally support. Mr. Farrell said that in order to help the Town's building industry, he and Director Valder had discussed various ways that the Community Development/Building Safety Departments could assist those in that industry. He stated that Director Valder had pledged his staffs cooperation and support in these efforts. Councilman Wyman thanked Councilman McNeill for pointing out that it was not necessarily a legal obligation to spend that money on the mountains. If that was the case and when using his figures, there was a $375,000 buffer in the Town's budget that could be allocated for other purposes if needed. He still felt the Town would be fine financial shape Councilwoman Hutcheson commented that all planning could not be done on all worst-case scenarios but it must be kept in mind. Mr. Farrell hoped that the Council would be able to approve the mountain preliminary plats. In front of the Council tonight were the three necessary items that were precursor to the preliminary plats, which were agenda items 14, 15, and 17. He explained that if the Council were to approve these items but were subsequently unable to give preliminary plat approval, these three items would be treated as if they had not occurred. He stated that was because there would be no need for the cut and fill waivers and therefore no need for the abandonment. Mr. Farrell asked that the Council suspend the rules and consider agenda items 14, 15, and 17 as a single item as preliminary to the plat approval then they would be able to get into the discussion of combining the two plats. AGENDA ITEM # 14 - CONSIDERATION OF RESOLUTION 2001-42 ABANDONING THE CHOLULA DRIVE AND THE RAMON DRIVE RIGHTS-OF-WAY WITHIN PLAT 507E. AGENDA ITEM # 15 - CONSIDERATION OF A CUT AND/OR FILL WAIVER FOR THE EAGLE RIDGE NORTH PROPOSED SUBDIVISION, LOCATED PRIMARILY IN SECTION 7, WEST OF SUNRIDGE CANYON AND NORTHWEST OF THE COPPERWYND DEVELOPMENT, ON THE TOWN'S WESTERN BORDER, CASE NUMBER CFW2001-05. AGENDA ITEM #17 - CONSIDERATION OF A REQUEST FOR A CUT AND/OR FILL WAIVER FOR THE EAGLES NEST PROPOSED SUBDIVISION, LOCATED PRIMARILY IN SECTION 6, WEST OF THE NORTH HEIGHTS AREA AND ON THE FAR NORTHWEST BOUNDARY OF THE TOWN, CASE NUMBER CFW2001-06. Town Council Meeting Minutes 10/4/01 Page 6 of 14 Councilwoman Fraverd MOVED to suspend the rules and consider agenda items 14, 15, and 17 in a single motion and Councilman Wyman SECONDED the motion. Thuncilman McNeill asked if the Council were to approve these items in one motion, could the Council reconsider the Iliwissues later at this same meeting. Mr. Farrell stated that he would probably make the Council wait until the next Council meeting just in case those interested in this issue had left the meeting thinking that the issue had been resolved. Councilman McNeill asked MCO to verify that one of the large fill areas in Eagles Ridge North had been reduced to approximately 20 feet. Dr. Larson confirmed that the fill had been reduced to 191/2 feet in Cloud Burst Wash and noted that MCO now had just one fill that exceeded 20 feet. He displayed the fill area on the overhead and MCO's engineer Jonathan Stansel explained how that had been accomplished. Dr. Larson stated that MCO would continue to work with staff to solve any problems with the design process. The motion CARRIED unanimously. Mr. Farrell again asked that the Council consider agenda items 16 and 18 as a single item. AGENDA ITEM#16 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE PROPOSED 171-LOT, 20- TRACT, 428.95± ACRE, EAGLE RIDGE NORTH SUBDIVISION, LOCATED PRIMARILY IN SECTION 7, WEST OF SUNRIDGE CANYON AND NORTHWEST OF THE COPPERWYND DEVELOPMENT, ON THE TOWN'S WESTERN BORDER,CASE NUMBER S1999-024. AGENDA ITEM 18 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE PROPOSED 244-LOT, 23- TRACT,482.74±ACRE, EAGLES NEST SUBDIVISION,LOCATED PRIMARILY IN SECTION 6,WEST OF THE NORTH HEIGHTS AREA AND ON THE FAR NORTHWEST BOUNDARY OF THE TOWN, CASE NUMBER S1999-025. Mr. Farrell stated that realistic efforts on both sides had been made to look at the issues and to problem solve. He thanked the Councilmembers for letting staff know ahead of the meeting what it was that they wanted to focus on. He Nkippointed out that these six stipulations were the final set of issues on the settlement of the preliminary plat. He briefly reviewed each of the proposed final six stipulations. Mr. Farrell asked MCO and Director Valder to focus on addressing issues that the Council wanted to refine. Also debated was a condition to the amount of flow that rainfall and storm water would bring into the washes and whether or not the bridges, ConArches designed by the application, were going to be sufficient to carry the water flows there and would they create problems within the subdivision or below the subdivision. Staff and the applicant had been challenged to demonstrate to Councilwoman Ralphe's satisfaction that the conceptual bridge design would not only meet the ten year event of water flow but also a one hundred year event of waterfall. He thought that Councilwoman Ralphe had been satisfied with the detail that had been paid to the storm drainage issues provided by both sides. He acknowledged that MCO had been required to provide calculations stamped by a professional engineer that the wash crossings would be sufficient to carry the storm water easily in the normal ten- year event and would survive a one hundred year event. Mr. Farrell asked the Council to now focus on stipulation 2 and 4 to determine who would pay for the parking spaces and what the disturbance area would be. He noted that if the Council had any questions on the other stipulations, Director Valder would answer them. He emphasized that staff s recommendation was for the Council to approve both plats with amendments to the final six stipulations as deemed necessary, but the plats would be inclusive of the other stipulations previously made by Engineering and Planning and Zoning Departments to which both parties had agreed. Councilman McNeill MOVED to suspend the rules and approve agenda items 16 and 18 with stipulations as stated in staffs memo with an exception to Stipulation#2 by revising the third sentence to read "MCO will develop these twenty parking spaces."and striking the rest of the sentence and Councilwoman Fraverd SECONDED the motion. Vice Mayor Kavanagh moved to AMEND the motion to have a shared cost for development of the 10 additional parking spaces and Mayor Morgan SECONDED the amendment. Mayor Morgan explained her reasoning that$70,000 did not seem to be a lot of money when the Town was talking about spending $13 million. She did not want to see this Nispoecome a sticking point. Vice Mayor Kavanagh stated he had similar thoughts. He did not want to taint the future relationship between MCO and the Town over this amount of money. Town Council Meeting Minutes 10/4/01 Page 7 of 14 Councilman McNeill agreed that the relationship with MCO had improved and he did not want to see it fall apart over what appeared to a relatively minor issue. He said the original proposal that MCO made was for 10 spaces that required a hard dig. He found the revision now before the Council hard to fathom. He indicated that through an e-mail exchange with Mr. Bielli of MCO, he asked if there was a drawing that depicted the agreed twenty paved public parking spaced He noted that he received a fax from MCO with what appeared to be twenty paved parking spaces. Combined with that information and an exchange at an "in the field meeting" with MCO at the end of Golden Eagle, he had understood that the development cost of the parking spaces would be born by MCO. Councilman McNeill said that he could go into a long list of benefits that MCO was receiving; if totaled up, he could make a strong case that MCO should be paying the Town rather than the Town paying MCO for the mountain property. He felt these benefits would amount to literally tens of thousands of dollars and that was an analysis he had done in May when the prices mentioned were lower than some of the prices that he had recently heard tossed about. Councilman McNeill stated rather than looking at this as small item that the Town should give in on, he looked at it as something that the Town should require as part of the subdivision. Part of the deal was parking for the public to gain traditional access to the McDowell Regional Park. He knew there was never any stated number of spaces, but it was always understood it needed to be a reasonable number. He did not feel ten was reasonable. Twenty was marginally acceptable given the growth that the Town had down the road. He felt the Town would wish that there were more. He said the Town needed twenty spaces and it was reasonable to ask MCO to install them. If the Town were to do it separately the costs would be substantially higher than MCO's. Councilwoman Ralphe referred to the meeting mentioned by Councilman McNeill at the end of Golden Eagle. At that time she had been pleased because it appeared the issue seemed to have been resolved to everyone's satisfaction. She noted that a map had been displayed at that meeting and the additional ten spaces had been drawn in. Councilwoman Ralphe said she had come away from the meeting thinking that because it was part of the plat and plats were developed by MCO that MCO would be installing the second ten parking spaces. She had been surprised to find out at this meeting that wasn't necessarily going to be the case. She supported the motion as made by Councilman McNeill because it represented what she had thought to be the result of the issue being ironed out at that"on-site meeting"by all parties. Mr. Farrell explained that Director Valder's memo reflected what he had been asked to put in it as of 3 p.m. Mr. Farrell said he had not been aware of the controversy over this issue and Director Valder's memo mimicked what he had beer asked to put in the memorandum. Vice Mayor Kavanagh said he had also been present at that meeting and he admitte he did not remember the exact words. However, he recalled that MCO were going to put in the harder spaces on the north side. Vice Mayor Kavanagh moved to AMEND the amendment clarifying that the Town would split the cost of the additional southern parking spaces. Mr. Farrell quantified the number of parking spaces to be added on the southern side as 9 with the Town splitting the cost of developing those nine spaces. Director Valder noted that the number of spaces on each side of Golden Eagle could change (north side v south side) between now and when the construction plans were final. Vice Mayor Kavanagh confirmed he would agree to split the cost of developing whatever the number of parking spaces was on the south side. Councilwoman Hutcheson SECONDED the amendment. Councilwoman Hutcheson said it had been her understanding that MCO would provide the ten paved parking spaces and an easement so that the Town at their desire could have room for the other ten parking spaces if and when needed. She reflected that past conversations with the MMPC and other commissions had not set a figure on that issue. Councilwoman Hutcheson was not positive that the Town needed twenty paved parking spaces at this time. As long as the Town had the easement and the ability to put in an additional ten with a possible commitment that the Town's ten would be on the softer side, she felt the Town could monitor the parking situation. She was of the opinion that the less paving introduced into that area the better. Vice Mayor Kavanagh said he would be willing to stipulate, if staff agreed, that the wording of his amended amendment would in no way force the Town to build it right away and the Town had the option of waiting or not doing it at all. He asked if staff could interpret his amendments that way. Mr. Farrell said if his amendment passed he felt it could read that way. Councilwoman Fraverd asked for clarification on Vice Mayor Kavanagh's amendments intent because of his last statement. Vice Mayor Kavanagh said his comments with regard to the Town having the option to wait or not build at all was based upon input from residents in the area. He felt there had been a general understanding that parking spaces were not nice things to have near someone's house or at an entrance to a nice development and it would be wrong to unnecessarily put parking spaces in. He suggested putting in the first ten parking spaces and then allow the Town staff to monitor parking needs in that area and see what happens. .' Town Council Meeting Minutes 10/4/01 Page 8 of 14 Councilman McNeill said the idea of taking a "wait and see "approach was not the right thing to do at all. Once the area was developed there was no question in his mind that the spaces would be used. He felt that twenty spaces constructed immediately would be cheaper and it would get all the parking spaces away from the existing development along Golden Eagle. The nearest parking space would be well over 100 feet from the nearest resident's property. Mayor Morgan did Illownot agree that the area needed twenty spaces. Councilman McNeill predicted that when there was legal access through the area and it was the peak of wild flower season not only would the twenty spaces be filled but the Town would also have overflow parking down the street on a regular basis. Mayor Morgan partially agreed that perhaps during wild flower season that might happen but she pointed out that was not all year long. Mr. Greg Bielli (Vice President of MCO)noted that facts in this memo were mixed as they related to the north and south parking spaces. He stated that the last three days had been very active for the Town but also MCO on not only this issue but all the mountain issues so that both parties could come to an agreement tonight. He offered that MCO would bond, or put on a deposit with the Town, funds for those southern parking spaces and MCO would allow the Town at a future date, when it was determined, to utilize that fund. If the majority of the Council determined to go forward,MCO would go forward and put those southern spaces in at the same time as they put in the northern parking spaces. Mr. Bielli felt that both sides had accomplished so much in the last three months he did not want this issue to mar anyone's feelings or future with the success of the two communities. Vice Mayor Kavanagh withdrew his amendments and both Mayor Morgan and Councilwoman Hutcheson withdrew their seconds. Mr. Farrell stated that with regard to stipulation#3 Director Valder had additional language to make it crystal clear that the sale price was $13 million and if the SRP beautification funds usage by the Town was less than $500,000 that the Town would make up the difference to MCO in cash or a fee waiver. If it were in excess of one penny over the $500,000, MCO would be responsible for reimbursement to the Town. Director Valder said he would revise the stipulation as Mr. Farrell had just stated. Councilwoman Fraverd stated that with regard to stipulation #4 she was going to back off on this. She asked the pplicant and staff that when they were working on the final plats to look at reducing those long driveways, especially on those lots along the ridge to see if they couldn't be massaged so they weren't sky lined. She felt that would be helpful to the community. Councilman McNeill said one of his major disappointments with these plats was that there were so many long driveways. Rather than houses that were clustered closer to the streets, there was instead a network of driveways that would snake across the side of the mountains. He had some questions that he thought were final plat issues that he wanted to make sure were addressed in the coming months. He pointed out that he had arrived at these questions from reviewing the conceptual plans prepared by MCO. Councilman McNeill asked that the issues of pullouts and driveways met all applicable Fire Department's regulations and that these issues were addressed on the final plats. He commented that Creosote Drive was shown with a cul-de-sac built with a 15% grade across the face of the bulb. He thought that the Town's regulations (which he thought were also a fire safety issue) required a maximum of 8% across the face of the bulb. Director Valder replied that the Town had a maximum roadway slope of 12% and the settlement agreement allowed the roadway slope to go up to 18%. He said there wasn't any code that regulated the cross slope of a cul-de-sac bulb and that that the Town relied on the Town Engineer to provide an interpretation on that issue. Mr. Harrel clarified that the 8% grade was in the subdivision ordinance as far as the cross slope across the cul-de-sac bulb. He stated that was something that could be waived by the Council and had been done in the past. Councilman McNeill requested that as the review went forward, that the review be coordinated with the Fire District to make sure that they were comfortable with being able to move fire equipment in the areas in question. Mr. Farrell assured the Council that every effort would be made to work out all issues prior to December 4, allowing sufficient time for the review process. Councilman McNeill (with regard to stipulation#5)questioned if that lot had been sold. He explained that what he was looking for was some kind of assurance that there would be a deed restriction or suitable instrument in place that would ensure that Lot 27 would not be subject to a lot split. He pointed out there were issues in other parts of Town that prompted this question. Dr. Larson responded that the lot had not been sold and had not been included in their plat. He pointed out that the boundary was outside the plat and was located in North Heights, although MCO had provided access %Nieto the lot because of the terrain. He acknowledged that MCO would accommodate whatever stipulation the Town Attorney felt appropriate to give the Council confidence that MCO would not subdivide the lot. Dr. Larson said that Town Council Meeting Minutes 10/4/01 Page 9 of 14 MCO also worked under the CCRs of North Heights. He did not believe that they allowed for a subdivision of that lot either. Dr. Larson mentioned that as their plat had evolved, MCO had once looked at subdividing that lot but found that the relationships of adjacent ownership had suggested it was inappropriate. Councilman McNeill clarified that he wasn't concerned that MCO might subdivide the lot but a subsequent purchaser might want to. He was agreeable to usir North Heights CCRs if they addressed that issue but he would prefer something on the order of a deed restriction in place as well. Roy Kinsey, 17120 E. Fairway Ct. He thanked the Council for their last minute assessment of the situations and for actions taken. He felt everyone's efforts had paid off. Lori Noss, 14603 N Fairlyn Dr. She agreed with Councilman McNeill that there would be many people using those parking spaces once it was legal to do so. She suggested that all the spaces be paved. She said that Dr. Larson had confirmed that MCO would give the Town the easement that would give hiking access to the park and any of the open space (washes) that the Town wanted. She asked the Council to consider taking the gift of extra land. Dr. Larson, (MCO) He reviewed that MCO had not discussed the gifting of any land to the Town with Mr. & Mrs. Noss. He described the conversation he previously held with them. They had talked about the drainage, ConArches, the bridges, access from the parking into the McDowell Park, but the idea of gifting of land had not been previously discussed and he was unaware of it. He said he would try to respond if she could provide some additional information. Councilman McNeill asked if the public access to the McDowell Park from the parking space area would be by a dedicated right-of-way and part of the plat process. He said that the settlement agreement called for an easement. Mr. Farrell said that was correct but not in fee. The area between the two lots would carry the easement burden and the Town would have a general easement access to the private streets and the urban pedestrian sidewalks from the gate. There would be admittance at the gate and follow the natural course of the street and or sidewalk to the area between th two specific lots. Mr. Farrell said the Town would not have a fee ownership but they would not be able to relinquish thelir right of the public to enter. Councilman McNeill stated it would be a perpetual easement. Mr. Farrell agreed. Bob Thompson, 16126 E. Glenview Dr. He supported the acquisition of the mountain land and hoped the Council would move the process forward. Walt Franklin, 16937 Nicklaus He supports the Council's approval of the plats. He thanked everyone involved Grace Jakubs, 16440 N. Aspen Dr. She supports the Council's approval of the plats. Michael Fleck, 14018 N. Vallecito He urged the Council to approve the preliminary plats and move on to the final plats. John O'Flynn, 16538 Sullivan Dr. He supports Council approval of the plats. Arvid Dennis, 16644 Last Trail He also supports approval of the plats. Councilwoman Fraverd stated it was going to be a gorgeous project and was hopeful that it would be environmentally pleasing. She confirmed that she would be supporting this action. Vice Mayor Kavanagh pointed out that he still opposed the settlement agreement. However, he felt that once four or more Councilmembers approve something the entire Council became bound by that vote to back and support it, as did the Town. He noted that he would be voting foNIII the plats as he felt with the stipulations in place that MCO had fulfilled the criteria set forth in the settlement agreement. Town Council Meeting Minutes 10/4/01 Page 10 of 14 He said he was bound to ensure that the Town lived up to their end of the agreement and so he would be voting for the plats. Mayor Morgan said this settlement agreement held compromises made by both side and so it was with pleasure that she would support it. Councilman Wyman agreed that once a decision is made everyone should support and work hrough it. He stated that he would vote for it. Councilwoman Ralphe reviewed the previous proposed settlement agreement, which would have added 340 home sites and now the plats held 415 home sites. She felt that the longer the Town negotiated with MCO the more ground the Town seemed to lose, so in principal it appeared she should vote no. However, Councilwoman Ralphe said a yes vote would be an indirect vote for the 354 preserve and she was happy for the opportunity that this Council had to give the preserve to Fountain Hills citizen for today and tomorrow. She confirmed that she would vote yes as it was a celebration of the preserve and an affirmation that the plats did fit with the settlement agreement even though she felt they weren't quite good enough for developing the mountains. Councilman McNeill said he felt he had something here in front of him now tonight that he could vote for. He said he would always think that the Town had spent too much money and had given too many concessions, but given the situation that was in front of the Council last May, the Council had made the best decision under the circumstances. He hoped his suggestions tonight would be reflected in a favorable way in the final plats. Councilman McNeill reminded the Council that the financial issue was still very much a concern and one that the Council would have to review over the next couple of months to determine if the Town could continue with this project. He said he would vote for this tonight. Councilwoman Hutcheson reviewed what the Councilmembers had accomplished with this settlement agreement: established a large preserve, a public trailhead, access to another trailhead, kept most visible development under 2400 feet, beautiful lots developed with the Town's sales tax base increased from that. She felt it had been a long process and she was happy to vote for this. The original motion carried unanimously. Mayor Morgan recessed the regular session at 9:45 p.m. and reconvened at 9:55 p.m. AGENDA ITEM # 19 - DISCUSSION AND POSSIBLE ACTION REGARDING DIRECTION TO STAFF TO MBEGIN PROCEEDINGS RELATED TO THE FINANCIAL MATTERS NECESSARY TO CLOSE THE OUNTAIN SETTLEMENT WITH MCO ON OR AROUND DECEMBER 4, 2001, AND THE CALLING OF A SPECIAL MEETING ON DECEMBER 4, 2001, TO REPLACE THE REGULAR MEETING OF DECEMBER 6,2001. Mr. Farrell stated that the previous Council action with regard to the plats now caused staff to start the detailed bonding process. Staff was also asking, because of travel plans by the Mayor and Town youth to attend a national conference, that the regularly scheduled Council meeting be moved from December 6th, 2001, to December 4t, 2001. Councilman Wyman MOVED to direct staff to begin proceedings necessary to close the mountain settlement and also move the regularly scheduled Council meeting from December 6, 2001, to December 4, 2001, and Councilwoman Hutcheson SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #20 - PUBLIC HEARING ON A SPECIAL USE PERMIT TO PERMIT A GUEST HOUSE AT 15306 GOLDEN EAGLE BOULEVARD, AKA FINAL PLAT 505-A, BLOCK 1, LOT 6, CASE NUMBER SU2001-12. Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 10:56 p.m. Senior Planner Jesse Drake explained that when the applicant purchased the house there had been a room attached. The owner had been unaware and the Town had not known until the applicant started to so do some remodeling that the house addition had been built illegally. Ms. Drake stated that was discovered when the applicant submitted the site plan and staff researched the files because the plan did not match the archival file. Since the applicant had this illegal guesthouse, he had to apply for a special use permit to bring it into conformance. She explained that it met all seven criteria except for one, which required the lot to be 70,000 sq. ft. It was 750 sq. ft short. Ms. Drake commented that the Planning and Zoning Commission had approved this request without any stipulations. She was bringing this to the %me without a staff recommendation since it did not conform to the ordinance. Town Council Meeting Minutes 10/4/01 Page 11 of 14 Mayor Morgan reconvened the regular session at 10:57 p.m. AGENDA ITEM #21 - CONSIDERATION OF A SPECIAL USE PERMIT TO PERMIT A GUEST HOUSE A' 15306 GOLDEN EAGLE BOULEVARD, AKA FINAL PLAT 505-A, BLOCK 1, LOT 6, CASE NUMBER SU2001-12. Councilwoman Ralphe MOVED to approve the Special Use Permit as presented and Councilwoman Hutcheson SECONDED the motion. Councilman McNeill stated he intended to vote in favor of this application primarily based on the Planning and Zoning Commission's recommendation. He noted that this application was not in compliance with the Town's ordinance and he did not want to read a vote in favor here as sanctioning non-compliance with the Town's regulation. He felt this was a situation where a homeowner inherited a long-standing situation but he was trying to improve his property. Because of the improvement, he found himself in need of a Town building permit and was now dealing with a something that had been created a long time ago. He noted that these situations needed to be assessed on a case-by-case basis. He commented that there might be others out there and next time the Council might not be so understanding. The motion CARRIED unanimously. AGENDA ITEM #22 - CONSIDERATION OF A TEMPORARY USE PERMIT TO ALLOW A MODULAR SALES SHOWROOM FOR LA STRADA VILLAS TO BE LOCATED AT 13600 NORTH FOUNTAIN HILLS BOULEVARD. CASE NUMBER TU2001-04. Ms. Drake reviewed that this was a new 60-unit condominium project that had received a building permit and the applicant wanted to begin presales from a modular sales unit. She commented that normally this would have been handled administratively but during the posting period staff had received one letter of protest so the request must now come before the Council. Ms. Drake stated that the applicant proposed to have the modular open between 9 a.m. and 6 a.m. It would be the temporary sales office until they built a couple of the units. They would then move into the unite and conduct sales from there. At that point the modular unit would go away. She described the modular unit as being ADA compliant, landscaped, and would provide twelve parking spaces. Ms. Drake said the Temporary Use Permit application was applicable through the modular sales unit and the applicant would have to get a new Temporary Use Permit for model homes on site. She noted that the applicant had not applied for any kind of signage for the site as yet. Staff was recommending approval. Councilman Wyman MOVED to approve the Temporary Use Permit and Councilwoman Hutcheson SECONDED the motion. Councilman Wyman commented that the applicant was asking for seven months and then it would come down. Councilwoman Fraverd asked if the applicant was planning to have a construction trailer on site. Ms. Drake replied it was not part of their application and staff could take care of that administratively. Director Valder said that staff would check on the time period that this structure could exist as a place to sell units. He explained a couple of ways of looking at this structure. He stated he could consider this to be a trailer as it was not in a structure that the applicant would actually be selling. The time period on this recommendation could be altered to comply with the permitted time periods for a sales trailer unless the Council wanted to approve the application as is. He discussed his past experiences where larger units had been turned into timeshares and telemarketers moved in turning it into a call center. He did not think that was and appropriate use. Councilman McNeill said that there had been a many of these types of developments around Town. He questioned if there was a precedent for using a trailer for sales that he wasn't aware of. He also asked what the time period would be if the standard trailer rule were applied. Director Valder responded he thought it was 120 days. He said that is was important to note that once the 120 days expired, whether or not the model was ready to open, the sales trailer had to be removed so timing would become an issue for the applicant. Vice Mayor Kavanagh asked if the applicant was aware of toil j the 120 days. Ms. Drake said the applicant was not present and had requested the time period on the application. Councilman Wyman asked why staff was recommending a time period of seven months if now they were suggesting Town Council Meeting Minutes 10/4/01 Page 12 of 14 they would want to treat it as a trailer. He asked if staff was having second thoughts. Director Valder apologized for confusing the Council. He explained that there were two ways that units could be sold in a condominium project. Sales persons could work out of a model home, which was housed in a condominium or through a sales operation in a trailer. Although this proposed modular wasn't actually a trailer, he explained that would be how he would treat it if the Council Illiewanted to grant the applicant the seven-month period. He was just trying to identify that to him it was more like a trailer than the model that they would be trying to sell. Charles Story, 16005 E. Sunflower His home was located northeast of this proposed site. He was against the trailer, as he would have to look at it daily. He felt there must another place within the Town where they could operate from other than a trailer. Vice Mayor Kavanagh asked if the Town Attorney would be comfortable legally with the Council putting this off until the applicant could review this situation. Mr. Farrell agreed that continuance to the October 18`h meeting with direction to staff to contact the applicant might be prudent. Councilman McNeill MOVED to deny the Special Use Permit and Councilwoman Fraverd SECONDED the motion. Vice Mayor Kavanagh asked if the applicant had the legal right to have the trailer there for 120 days. Director Valder replied that a Temporary Use Permit was a discretionary permit granted by the Town Council. In the Zoning Code a number of different things could be considered if the Council wanted to reject the temporary use permit application. He did not feel it was a by right type of a permit or there would be no appeal procedure to the Council. He suggested it could be rejected on the basis that it impacted the neighborhood. Mr. Farrell said it was a difficult call and he would like to look at the zoning code in terms of the application process. He said the applicant had been led to believe that there would be a favorable recommendation for a use permit for a seven-month period of time. Even with the motion to deny and a second on the table the Council might want to consider a continuance until the 18th with direction to the applicant to be here to explain his reasoning for the application time frame. Councilwoman Fraverd asked if the applicant had appeared at the Planning and Zoning Commission meeting. Ms. rrDrake responded that he had and that the applicant had been advised to be at this Council meeting. Vice Mayor Kavanagh felt the applicant had the right to have a fair hearing and the individual had the right to contact some of the area residents in order to try and work something out. He said by continuing this, it would allow staff to get more information and talk with the applicant. A roll call vote was taken with the following results. Vice Mayor Wyman - nay Councilman McNeill- aye Councilwoman Hutcheson- nay Councilwoman Fraverd - aye Mayor Morgan - aye Councilwoman Ralphe— nay Vice Mayor Kavanagh- nay The motion FAILED on a vote of 4-3. Vice Mayor Kavanagh MOVED to continue the Special Use Permit until October 18th Council meeting and Councilwoman Hutcheson SECONDED the motion, which CARRIED unanimously. AGENDA ITEM# 23 - CONSIDERATION OF EXTENDING THE APPOINTMENT OF ACTING TOWN MANAGER WILLIAM E.FARRELL. Mr. Farrell said that although the first motion back in July did not put a specific time limit on his serving as Acting Town Manager,it had been discussed at that time that he would try it for 90 days. He concluded that as there wasn't any ,,,news on the Town Manager's physical condition, the issue before the Council was whether or not they wanted to Town Council Meeting Minutes 10/4/01 Page 13 of 14 continue with this appointment. He stated that he would be happy to continue as Acting Town Manager for an additional 90 days. It could be reconsidered again at that time. Mayor Morgan MOVED that the Council extend the appointment of Acting Town Manger William E. Farrell for S„ days (until January) and Vice Mayor Kavanagh SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#24- CALL TO THE PUBLIC AND ADJOURNMENT. Ron Bruno,Tepee Dr. Requested the Council's assistance with the issue of the Fire Board. He was happy with the level of service provided by Rural Metro. He informed the Council that the public thought that the Council was responsible for the current problems. Angela Dacey, 15211 Rusty Nail She echoed Mr. Bruno's statements and requested the Council's assistance with this issue. Robert Hoffman,Tejon Dr. He stated he was in favor of keeping Rural Metro and he asked the Council for their help with the Fire Board. He stated the Council was being blamed for the release of Rural Metro. Councilwoman Fraverd MOVED to adjourn and Councilman McNeill SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 10:22 p.m. TOWN OF FOUNTAIN HILLS By• Sharon Morgan,Mayor ATTEST: (11L1 6 � Cassie B. Hansen, Director of Administration/Town Clerk PREPARED BY: ,( 4 Bev ender,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 4th day of October 2001. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of October 2001. (":41.44:Ls,..4 Cassie B. Hansen, Director of Administration/Town Clerk Town Council Meeting Minutes 10/4/01 Page 14 of 14