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HomeMy WebLinkAbout2002.0502.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL May 2,2002 Mayor Morgan convened the regular session at 5:15 p.m. AGENDA ITEM #1 - PURSUANT TO A.R.S. §38-431.03.A.1., AND A.R.S. §38-431.03.A.4, 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 DISCUSS THE ACTING TOWN MANAGER'S CONTRACT.); AND DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION,OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION(SPECIFICALLY REGARDING THE THREE SUITS: KNAPP,HOFFMAN & ROBINSON VS.THE TOWN OF FOUNTAIN HILLS ET AL); RESPECTIVELY. Councilwoman Fraverd MOVED that the Council convene the executive session and Councilwoman Ralphe SECONDED the motion,which carried unanimously. AGENDA ITEM#2-RETURN TO REGULAR SESSION Mayor Morgan recessed the executive session at 6:20 p.m. and reconvened the regular session at 6:30 p.m. Following the pledge to the flag and a moment of silence,roll call was taken. Lli OLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor John Kavanagh, and Councilmembers Rick Melendez, Sharon Hutcheson, Susan Ralphe, and Leesa Fraverd. Also present were Town Attorney Bill Farrell, Acting Town Manager Roy Pederson, Director of Administration/Town Clerk Cassie B.Hansen,and Interim Community Development Director Jesse Drake. AGENDA ITEM#1 -CONSIDERATION OF APPROVING THE MEETING MINUTES OF APRIL 18,2002. AGENDA ITEM #2 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY ROBERT MARTUCCI FOR NINA L'ITALIANA LOCATED AT 16872 EAST AVENUE OF THE FOUNTAINS. THE APPLICATION IS FOR A NEW SERIES#12 RESTAURANT LICENSE. AGENDA ITEM #3 - CONSIDERATION OF PAYMENT TO FIREROCK COUNTRY CLUB FOR CONSTRUCTING SHEA BOULEVARD MEDIAN STORM DRAINAGE. AGENDA ITEM #4 - CONSIDERATION OF ACCEPTING PAYMENT FROM LA STRADA IN LIEU OF STORM DRAIN CULVERT CONSTRUCTION. AGENDA ITEM#5 - CONSIDERATION OF APPROVING A PAYMENT TO WILLDAN & ASSOCIATES FOR EXPEDITED ENGINEERING PLAN REVIEW SERVICES FOR THE EAGLE RIDGE NORTH AND EAGLES NEST SUBDIVISION INFRASTRUCTURE,AS STIPULATED IN THE SETTLEMENT AGREEMENT. Councilwoman Hutcheson MOVED to approve the consent agenda and Councilwoman Fraverd SECONDED the motion. A roll call vote was taken with the following results: Councilman Melendez Aye Councilwoman Hutcheson Aye Councilwoman Fraverd Aye Vice Mayor Kavanagh Aye Town Council Meeting Minutes-May 2,2002 Page I of 8 Councilwoman Ralphe Aye Mayor Morgan Aye The motion CARRIED unanimously iiii0AGENDA ITEM #6 - PUBLIC HEARING ON ORDINANCE 02-06 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5, SECTION 5.09.A.1, TO MODIFY THE HEIGHT LIMITATIONS FOR RETAINING WALLS IN THE FRONT YARD SETBACK,CASE NUMBER Z2002-02. Mayor Morgan recessed the regular session and opened the public hearing at 6:35 p.m. Interim Community Development Director Drake reviewed her staff report. She explained that this amendment came from the Developer Advisory Committee and would serve to reduce the amount of disturbance on steep sloping lots by eliminating one or more terraced walls. She read the new language. Director Drake stated that staff recommended approval and she noted that the Planning and Zoning Commission had unanimously voted to approve with one stipulation. The stipulation was to change the wording in #3 from"are approved by the Town Engineer" to "shall be approved by the Town Engineer". Tony Woodrell, 16230 N.Edgewater(Vice President of the Licensed Contractors Association in Fountain Hills) He spoke on behalf of the association. He said they were in favor of this ordinance change. Mayor Morgan closed the public hearing the 6:40 p.m. AGENDA ITEM #7 - CONSIDERATION OF ORDINANCE 02-06 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5, SECTION 5.09.A.1, TO MODIFY THE HEIGHT LIMITATIONS FOR RETAINING WALLS IN THE FRONT YARD SETBACK, CASE NUMBER Z2002-02. Vice Mayor Kavanagh MOVED to approve Ordinance 02-06 as presented and Councilwoman Fraverd SECONDED the motion. The motion CARRIED unanimously. L AGENDA ITEM #8 - PUBLIC HEARING ON ORDINANCE 02-07 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 10, SECTION 10.02.A AND C, TO CHANGE THE REQUIREMENTS FOR A GUEST HOUSE IN SINGLE-FAMILY ZONING DISTRICTS, CASE NUMBER Z2002-04. Mayor Morgan recessed the regular session and opened the public hearing at 6:42 p.m. Interim Community Development Director Drake discussed her staff report. She pointed out that this text amendment also came from the Developer Advisory Committee. This modification would allow a guesthouse as a permitted use, eliminate the square foot lot requirement, revise the allowable location and clarify the allowable components in a guesthouse. Section 10.02(C) would be eliminated. She read the proposed text. She confirmed that the Planning and Zoning Commission had unanimously approved the text amendment. Staff also recommended approval. Edwin Key,Agate Knoll He saw a potential for problems. He had learned during the course of this discussion that the Developer Advisory Committee had initiated the text amendment. He asked why was the existing ordinance obsolete? If the terms of the existing ordinance were changed, he felt that the violators would be eliminated. He had a problem with that rationale. He had understood that the Developer Advisory Committee had been formed to eliminate some of the red tape. Mr. Key expressed stated that if the Committee were going into areas, such as ordinance changes, there should be more citizen input. Vice Mayor Kavanagh responded to Mr. Key. He compared the existing text to the proposed text change. He summarized that the text changed was a tightening of regulations. He felt that this would restrict and stop multi-family usage in the area. Mr. Key,Agate Knoll Lie said that he thought the existing ordinance did not allow kitchens. Director Drake countered that under the old L,.;finition it referred to a dwelling as an area to sleep. There was no actual reference to kitchens or kitchen facilities at all. Director Drake agreed that this was a tightening of regulations and would eliminate possible rental usage. She explained Town Council Meeting Minutes-May 2,2002 Page 2 of 8 that there would be an additional text amendment coming to the Council that would bring accessory building use into compliance. The intent was to unify the code,to make it easier for applicants,and provide some restrictions aesthetically. Vice Mayor Kavanagh affirmed that while the Planning and Zoning Commission unanimously approved these changes and that there had been a slight loosening of the ordinance in terms of the placement of the structure, the rest of the ordinance „nade it almost impossible to convert one of these guesthouses into a rental unit. Gary Orman, 15856 N. Aspen He was in favor of the text amendment. He stated that he was a homeowner who would benefit from the text amendment, as it was their intent to build a master bedroom and a guest suite. He assured the Council that they did not intend to rent to anyone as they had many visitors who would use the living space. Tony Woodrell, 16230 Edgewater(Vice President of the Licensed Contractors Association in Fountain Hills) He spoke again on behalf of the association. He stated that they were in favor of this ordinance change. They viewed the change as being more restrictive. Councilwoman Hutcheson agreed this text was a little more restrictive. She felt the past problem had been the enforcement of the ordinance with the concern over the 220-voltage wiring. She acknowledged that this ordinance would be as hard to enforce as the last one since there were a number of these units that had kitchens and 220-voltage wiring. She suggested that there was a need to tighten the inspection process. Director Drake responded that part of staffs job was to look at this matter as if each application was for a new owner because once the original homeowner left, the house would remain. Staff wanted to make these less desirable for rental units. She felt that by eliminating kitchens, 220, and garages where someone extra could park were things that would keep these units either as an accessory buildings or extra guest housing. Councilwoman Ralphe asked if there was an advantage to waiting to consider both the future auxiliary structures text and guesthouse text amendments together. She pointed out that the Council currently had only one of the text amendments in front of them. Director Drake stated that she had planned to bring both amendments to the Council together but there had been an error in the newspaper notice, which resulted in the amendments being separated. She acknowledged that the auxiliary text amendment would be coming before the Council very soon. Councilwoman Ralphe again questioned if there vas an advantage in continuing this item so that the Council could consider both at the same time. Director Drake replied Nitattlat the text amendments did not need to be considered together as they were two separate matters. She felt the real issue was whether or not the Council would change the amendment to allow the guesthouses in front and to regulate them. Mayor Morgan closed the public hearing the 7:03 p.m. AGENDA ITEM #9 - CONSIDERATION OF ORDINANCE 02-07 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 10, SECTION 10.02.A AND C, TO CHANGE THE REQUIREMENTS FOR A GUEST HOUSE IN SINGLE-FAMILY ZONING DISTRICTS, CASE NUMBER Z2002-04. Councilwoman Fraverd MOVED to approve Ordinance 02-07 as presented and Councilman Melendez SECONDED the motion. Councilwoman Fraverd responded to Mr. Key's comments about the Developers Advisory Committee. She noted that the creation of the committee was two fold. It would review the permit process but would also update and clarify the ordinances. She pointed out that there were about eight or nine ordinances that the committee had been working on that were working their way through the system. With regard to the guesthouse text amendment, this was an opportunity to be proactive and provide some forward thinking. As the larger, more valuable lots become available, they would typically have some type of guesthouse associated with them. She was of the opinion that if the ordinances were looked at now, there would be happier people working their way through the process than there might be if the Town had kept their old ordinance. In the past,everyone who wanted a guesthouse had to come before the Council for a special use permit and the Town had been seen as being difficult with which to work. Councilwoman Fraverd said she viewed this text amendment as being fair. Mayor Morgan applauded this committee for being proactive and correcting some of these things. She agreed that some of kbele new homes coming on line would undoubtedly have a guesthouse in the plan. Town Council Meeting Minutes-May 2,2002 Page 3 of 8 Edwin Key,Agate Knoll He repeated his earlier statement that if ordinances were to be a topic of discussion by the committee in the future, then there should be more citizen involvement. He asked that instead of just having the developers, staff, and Council involved he wanted to see more citizens become involved in the process. He stated that it was one thing to put a guesthouse on a property that was 11 - 2 acres in size. The new ordinance would allow guesthouses on a R1-10 zoned lot. He felt ;uesthouses would have a far greater impact there then they would have on a R1-43 zoned neighborhood. The motion CARRIED unanimously. AGENDA ITEM #10 - DISCUSSION AND POSSIBLE ACTION REGARDING AT&T WIRELESS SITES AT FOUR PEAKS SCHOOL SITE AND LASER DRIVE SITE. Town Attorney Bill Farrell reviewed the issue of the Four Peaks School site. All parties had been in agreement that this was an excellent site for the tower. When the deed arrived from the school district it stated that it was for governmental and recreational usage. There was concern expressed that the rental of the property for a wireless communications site was not a governmental purpose and he had agreed with that conclusion. He clarified that governments could also act in a proprietary manner. He noted that golf courses, redevelopment areas, and wireless leases were proprietary acts and not governmental acts. Therefore,the deed that had been received from the school district restricted this lease and might cause concern at some point in the future. He stated that AT&T's and the school district's legal departments had prepared a first amendment to the restriction, which included wireless communication sites as a permitted use. Mr. Farrell confirmed that the proposed form met with the school district's and the Town Attorney's approval. He asked that the Council move to authorize the mayor and the clerk to execute the first amendment to the restrictions and forward it on to the school district for their signature. He pointed out that Mr.Tatterfield had assured him that the approval would be forth coming. Mr. Farrell continued with the issue of the Laser Drive site. He reminded the Council that on June 15, 2000, the private property site(Van Storage site)had been approved after a great deal of discussion. However,the applicant at that time had been asked to wait and see whether or not a stealth saguaro site could be developed on some property that the Town might be acquiring in connection with the Barclay project (the Target Center). At that time, the applicant had agreed if that property could be made available by November 30, they would consider that site. The site was not available at that time but the applicant had continued to patiently wait. When the property at the Target Center was acquired, that property had me with disturbance restrictions. He felt the philosophical issue of disturbance needed policy clarification by the ouncil. He explained the situation and how it could relate to the new mountain subdivisions. Mr. Farrell noted that the Barclay Group, like the school district, would like to amend their deed to the Town allowing for the stealth saguaro on what was formally a disturbance regulated piece of land. He reiterated that the issue was "Did the Council want to allow land that normally would be encumbered with a hillside protection easement (HPE) or reservation against disturbance to be disturbed for a cell tower"? He pointed out that there was not an HPE on the Target property but there was a deed restriction. The deed restriction said that it could not be used for a number of uses of which the cell tower might be one. If the majority of the Council were to say no and they abandoned the idea of a stealth saguaro, then AT&T and staff would recommend to the Council that the special use permit be reinstated for the private property. If the majority of the Council wanted to go forward with the stealth tower, then it was AT&T's desire to do so at this point. Mr. Farrell indicated that AT&T's representatives were present to answer any questions. He requested that the Council give staff direction as to whether or not they wanted the stealth saguaro with some disturbable area or they wanted to reaffirm that the site went to private property. Vice Mayor Kavanagh asked for additional clarification of the potentional for future problems. Mr. Farrell replied that if this property had come to the Council with an HPE as the preserve property was coming to the Town, then a stealth tower could not be located on that property as there wasn't any disturbance under the HPE. Vice Mayor Kavanagh asked if the Town allowed the stealth saguaro on the Target site, could private residents begin putting cell towers in their back yards. Mr. Farrell said that he was not suggesting that. He summarized his concern that if a private resident and a provider asked the Council to consider this use in their HPE and the Council denied their request, then they would ask the Council why the Town had one in their HPE behind Target. Vice Mayor Kavanagh asked if this just pertained to HPEs or any private resident. Mr. Farrell responded that any private resident who didn't have a slope category would not be bothered by the disturbance that would be required for a wireless tower there. Vice Mayor Kavanagh remarked that this issue was not opening up the situation of cell towers in residential areas. Mr. Farrell agreed but acknowledged that this matter did open 'p areas to cell towers that had a 15% or higher slope. Town Council Meeting Minutes-May 2,2002 Page 4 of 8 Mayor Morgan asked what ramifications could be expected. Mr. Farrell doubted that because of the technology that the Council would get a rash of private citizens requesting cell tower sites on their property. He pointed out that most people were happy that cell towers were on public rights-of-way and not in residential neighborhoods. He just wanted to make sure that when disturbance was seen on that restricted property the Council understood why the disturbance had occurred. councilwoman Ralphe asked Mr. Farrell to describe the kinds of property in town where there would be a deed restriction that limited their use on natural open space and trails. Mr. Farrell replied there were two: any property that had an HPE and any property that the town engineer determined to be in wash would not allow a wireless site. Councilwoman Ralphe questioned that if the Council were to approve this particular application would this be the "foot in the door" to possibly having towers in washes, mountainous areas, or in the preserve. Mr. Farrell said everyone had the right to make application. He commented that in terms of binding precedent there were cases in the Supreme Court but none by previous decision of this Council, but there was evidence of intent. He clarified his intent was to be sure that the Council was aware that there would be disturbance on that property before going forward with the stealth saguaro site. Vice Mayor Kavanagh asked if the Council could insist that the towers be stealth and also regulate their placement. Mr. Farrell was of the opinion that the providers who wanted the special use permit and/or the ability to disturb in that area would gladly make that trade. He pointed out that it would be the provider who would determine the exact placement as issue of verticality was of the most importance to them. He expressed that providers enjoy the fact that most of the stealth towers, saguaro towers, or camouflaged towers had received favorable input from the community. The issue was that with most people addicted to cell phones and cellular service had now become a necessity of life issue. He recognized that there was more than one provider for cellular services and that all providers were obligated to provide service equally throughout the network area. He concluded that more towers would be needed as the town grew. The Council would be asked to consider irregular sites in the future and when presented the Council could consider restrictions at that time. Vice Mayor Kavanagh suggested these two site issues be dealt with separately. He wanted to discuss the Laser site first. Councilwoman Fraverd expressed concern regarding the equipment box. She asked how large was the box and if it was possible to put it towards the edge of the property rather than in the middle of the disturbance area. Director Drake described the box as being partially submerged. Because of the drainage issues staff did not want it too submerged as it could collect water. She described the box as in keeping with the appearance of the surrounding facilities that were 'erectly across the alley from it in the industrial area. She explained that this particular application did not need a special Nkt se permit. In fact staff would review it because it was further than 300' from any residential unit. She felt the applicant would agree that staff had been very strict in their interpretation of aesthetics when it came to wireless facilities. Director Drake stated that during the review process staff had been very careful to ensure that the facilities was integrated well into the surrounding area because of the impact to the surrounding aesthetics. Mayor Morgan asked why couldn't the cinder block box look like rocks or be made more aesthetically appealing. Director Drake said that suggestion could be made but it would become a matter of economics for the applicant as to how much money they wanted to spend. Staff had found the box acceptable because it was located in an industrial area and off an alley way that blended in with the surrounding facilities. Director Drake pointed out that staff examined these applications on a case-by-case basis for conformance and aesthetics. She displayed pictures of a similar stealth saguaro on the visualizer for the public and Council to view. Councilwoman Hutcheson was impressed with the look of a stealth saguaro. She was disturbed at the content of this discussion. The Town had gone to a lot of trouble to create an HPE and undisturbed areas and now the Council was having a conversation on how to disturb an area and make it look undisturbed. She had trouble rationalizing this situation. Vice Mayor Kavanagh noted that those neighbors near the proposed monopole site at Van's were the same people who had been subjected to the Target project for the "good of the community". Now these same neighbors were going through similar pains with a U-haul signage issue. The last thing that he wanted to do at this point was to subject them to the AT&T monopole located at the Van site. He felt that to reconsider this AT&T site again at Van's would upset these people. Vice Mayor Kavanagh agreed with the Mayor that the cinder box could be made more aesthetically pleasing. He supported disturbing an area if it wound up looking undisturbed and it was saving a nearby area from blight. He felt that the Town would be ahead of the game. He stated that he was supportive of stealth technology and using existing verticality. 2ouncilwoman Ralphe discussed the Town Attorney's memo. It had touched on the issue of Council setting a policy precedent by allowing wireless communication facilities within hillside protection easements. She asked the question, Town Council Meeting Minutes-May 2,2002 Page 5 of 8 "Did the Council want to encourage these communication towers in washes, in the mountain preserve or in other hillside areas"? She answered absolutely not. She said it was not a good idea in terms of development that fit the land and because the Town did not have to. The Council had also been given information reminding them that they could endorse locating this tower at the original Van's location as the landowner was for this application and AT&T was willing to put it there. She did not think that the Council needed to entertain the question of disturbing non-disturbance areas. Councilman Melendez remarked that this agenda item had been added late and he had not had much time to review it. It had obviously not been published in the paper. He had asked Mr. Farrell if the Council was doing the appropriate thing, since it was not noticed in the paper and the local business owners on Laser Driver were not present to discuss the Van site. Mr. Farrell said the town was in legal compliance but the point raised was an excellent one. If the Council were considering denying the request to place the stealth on Town owned property, he proposed that the Council continue this portion of the agenda item for thirty days in deference to notice requirements with direction to staff that the Town either notify the property owners in and around the area or run an ad in the paper. He reiterated that this action was not required. He stated that he was sensing that some notification to those who appeared in opposition to the Van's site would be worthwhile. He was not sure that the public notification process could be done in time for the May 16th meeting but it could be done by the second meeting in June (June 20t). Mr. Farrell noted that the applicant would probably be unhappy with the additional delay. Jeannie Ann Sumner,3333 E. Camelback(AT&T representative) She complimented staff for being very helpful during this long and lengthy process. She also commended the patience of AT&T while working on this particular case. She explained that Van Storage site had been selected because they felt that it was the best land use for the wireless facility and they still support it. At the time of the original hearing, information was presented that countered the concerns of the neighbors regarding the placement of the monopole. She addressed the issue of the equipment box. Ms. Sumner said they had worked closely with staff. They felt that they had done everything possible to make it look the best that they could. Vice Mayor Kavanagh clarified that he was referring to the look of the 8' foot cinder block wall. He questioned if there was any reason why they could not make the wall more attractive. Ms. Sumner responded that could be tried. She pointed out that one of the reasons that this particular design was selected was because it was a better fit in this industrial area. Ms. Sumner described how the technicians would have to work at the site once or twice a month because the equipment would have to be inspected and maintained. Vice Mayor Kavanagh asked if the technician would be taking a jeep or a truck onto the site. Ms. Sumner noted that accessibility was why this particular )cation had been selected as it was close to the road. The idea was that the technician could approach the equipment Ng/easily. Mr. Richard Nye,2200 E. Camelback, Suite 102,Phoenix,AZ He introduced himself as the attorney for AT&T. He stated that if these two site issues were separated and the Council decided what to do with the public site and deferred the Van Storage site, then the Council would be putting AT&T in a box if the Van Storage site were to be denied. He reviewed that this process had been started over two years ago. Mr. Nye reiterated that the Van site had already been approved by the Council,but it was suggested that AT&T cooperate and move to the public site in the event that the public site became available. If AT&T wound up in a situation where the Council was to deny the public site tonight and Van Storage site was disapproved,then AT&T was 21/years into a process that had effectively denied their right to have a site in that area. He acknowledged that would present a difficulty to AT&T. Vice Mayor Kavanagh asked if Mr. Nye was referring to the public site as the school site. Mr. Nye replied no, the Target site. Vice Mayor Kavanagh said tonight the Council was considering two applications, one for the school and one at the Target site. What the Council was talking about was voting on the school issue. Mr. Nye apologized, as he had not been clear on the Council's discussion. Mr. Nye clarified his earlier statement that if the Council separated the issues and voted on whether or not to allow the cell tower on the public site (Target site) and defer the second portion (the Van site) to a future hearing and then this Van Storage site was denied, then AT&T was virtually left without any site at all. Vice Mayor Kavanagh asked if it would be a problem for AT&T to have this issue continued for two meetings. Mr. Farrell replied that the second meeting in June would be the best time to accommodate a crowd. He commented that Mr. Nye's point was well taken. He pointed out that if the Council intended to bring a crowd in to hear testimony on this issue, he would first ask that the Council to review the Council Meeting minutes of June 15, 2002, which he had provided. He explained the minutes reflect that the Council already approved the cellular site at Van's Storage with a request that AT&T put it on hold. He felt that inviting the public to speak at a meeting would create anticipation on their part of ^ouncil action. If they said "no"in large numbers,they might think that perhaps the Council would take some action. Mr. rrell acknowledged that Mr. Nye was being very polite in pointing out that the Council had already taken action on this issue. Town Council Meeting Minutes-May 2,2002 Page 6 of 8 Vice Mayor Kavanagh clarified that the issue before this Council in June would be for public input on whether or not they would rather have a stealth saguaro located nearby on a hillside area or at the Van site. Mr. Farrell disagreed. He was concerned that the Council might create an atmosphere among citizens attending that meeting that they would have the ability to say they did not want the large monopole at the Van's Storage location. Vice Mayor Kavanagh clarified that the kiii.dublic would have the opportunity at that time to speak to the issue of the stealth saguaro. Mr.Farrell felt that what he was hearing from tonight's discussion was that the Council was probably going to vote to deny this public site and then stealth site would not be an option. Vice Mayor Kavanagh expressed confusion and asked what Mr. Farrell wanted the Council to do. Mr.Farrell said the Council should make a decision tonight on the public site. Vice Mayor Kavanagh asked AT&T if this issue were put off until June,could they live with that decision. Mr. Nye responded that they had very limited options at this point. He said two years ago the end result had been that the Van Storage site was approved. AT&T had tried to accommodate the Council's request at that time to put the wireless facility at this alternative public site, which they had worked on for two years. He expressed that for two years AT&T had done everything that they could to put the wireless facility on this alternative site. He summarized that if AT&T could not locate the wireless facility on this alternative site, they wanted to go back to the site that had been approved at Vans and put the facility up immediately. Vice Mayor Kavanagh did not understand why there was a problem with putting this issue off until June. Why couldn't AT&T wait two weeks to place the wireless facility on the Van's Storage site if they couldn't place the stealth on the hillside? Mr. Farrell responded for Mr. Nye. What if the Council were to vote to revoke the Van's Storage site approval? Vice Mayor Kavanagh pointed out that he was not suggesting the item be agendized for revocation of the Van's site. Mr. Farrell then asked for clarification of the item that would be agendized. Would the Council ask for public comment without any action taken? That would cause people to attend the meeting with anticipation that there could be some action taken by the Council when in reality there wouldn't be any action at all. Vice Mayor Kavanagh reiterated that he was interested in hearing more public input. He did not see a problem with that idea. Mayor Morgan asked why would the Council start World War III over something that in truth had already been settled. Vice Mayor Kavanagh asked if the Council wanted to vote on the issue tonight. Mayor Morgan said absolutely. 'ouncilwoman Ralphe affirmed that this has been a long 21/2 year process. She thanked the applicant for their patience and Nitiror their work in trying to make the alternative site work. She said it was clear that the Van Storage site was acceptable to AT&T, the property owner, and had been previously approved by this Council. She did not know why the Council would want to revisit the issue again. The alternative site came with some potential for future problems regarding hillside protection. Councilwoman Ralphe MOVED in favor of the original Van's site and against the ridgeline saguaro site and to approve the school site and Councilwoman Fraverd SECONDED the motion. Vice Mayor Kavanagh felt that because of everything that the people in that neighborhood had gone through, he did not want to deny them the opportunity to come to a Council meeting and talk in favor of a stealth saguaro site. He expressed that the people in that neighborhood left that meeting in June 2000 thinking that the monopole was gone and the stealth site was in. He wanted them to have the opportunity for more public discussion. Vice Mayor Kavanagh MOVED to continue the stealth saguaro/Van Storage site consideration until the June 20th 2002 Council meeting. Councilwoman Hutcheson did not know why the public would be upset with the idea of the monopole when what was approved was the Van Storage site. She pointed out that the ridgeline site had been questionable but the Van Storage site had been approved by Council. Vice Mayor Kavanagh stated that now the ridgeline site was an option. He thought the people would want the stealth site over the monopole. He felt the Council should wait to render their decision until after more public input was heard at the second meeting in June. Councilman Melendez SECONDED the motion to continue. Mr. Nye asked if these issues could be moved to an earlier meeting rather than putting it off until June. That would make a difference to AT&T. Mr. Farrell said that staff would try to accommodate that request and try to have this matter on the May 16th agenda. Vice Mayor Kavanagh AMENDED his motion to continue this issue by changing the date to the May 16th, 2002 Council -'1eeting and Councilman Melendez SECONDED the amendment. The motion to continue FAILED on a vote of 2-4. Vice Mayor Kavanagh and Councilman Melendez cast the aye votes. Town Council Meeting Minutes-May 2,2002 Page 7 of 8 Councilwoman Fraverd asked if the stealth saguaro had been considered at the Van's site. Director Drake said there had not been any discussion on that. Peter Putterman, Information Technology Administrator, explained that the stealth was not tall enough and because the Van Storage site was lower, the monopole would provide the verticality that AT&T needed. Vice Mayor Kavanagh clarified that a yes vote on the original motion was for the monopole and against the stealth but for the school. He stated for the record that he supported the school site. He expressed that he was for stealth when it came to wireless facilities. Phillip Graziano, 14946 E. Sierra Madre He said that Fountain Hills had a lot of blind spots and eventually the Council would have to think about where in the mountain and washes the poles could be located that would compensate for that unless there was an industrial area in town that would help with the location of these needed facilities. He noted that all of the high elevations in town were in the mountains. With that in mind, he suggested that the Council start thinking ahead about where the facilities should be located as two would not be enough. He felt more providers would want to come into Fountain Hills. He asked why allow the monstrosity at Van's when something very pretty could be done with the stealth saguaro. He favored stealth saguaros even if the land had to be disturbed and the land had to be revegetated. He said the public had voted to preserve the mountains so that people could see them. If the Council put a stealth saguaro up there, he stated that he did not think anyone would scream about it. He asked the Council to use common sense when determining how to make this place beautiful. Mayor Morgan again asked what happened if the motion was denied. Mr. Farrell responded that both issues could be reintroduced at the next meeting. The original motion FAILED on a vote of 3-3. Mayor Morgan, Councilman Melendez, and Vice Mayor Kavanagh cast the nay votes. AGENDA ITEM#11 -CALL TO THE PUBLIC AND ADJOURNMENT. To one from the public came forward. Councilwoman Fraverd MOVED to adjourn and Councilwoman Ralphe VitECONDED the motion,which CARRIED unanimously. Mayor Morgan adjourned the meeting at 7:55 p.m. TOWN OF F NTAIN HILLS By: G•�c Sharon Morgan,Mayor ATTEST: ,�t 2.i i ,� 144-j-� assie B.Hansen, Director of Administration/Town Clerk And 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 2' day of May, 2002. I further certify that the meeting was duly called and that a quorum was present. DATED this 16th day of May 2002. 1,L14:.:`,j5 )',)4_,'inA Cassie B. Hansen,Director of Administration/Town Clerk Town Council Meeting Minutes-May 2,2002 Page 8 of 8