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HomeMy WebLinkAbout2002.0516.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL May 16,2002 Mayor Morgan convened the regular session 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.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 INTERVIEW ACTING TOWN MANAGER APPLICANT RAY BLADINE); 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 Hutcheson CONDED the motion, which carried unanimously. Clow ENDA 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 an invocation by Councilman Melendez,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 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. Mayor Morgan read the consent agenda(items 1 - 8): AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF MAY 2,2002. AGENDA ITEM#2- CONSIDERATION OF RESOLUTION 2002-16 DESIGNATING THE ELECTION DATE OF SEPTEMBER 10,2002 FOR THE PURPOSE OF THE ADOPTION OF THE FOUNTAIN HILLS GENERAL PLAN 2002 PURSUANT TO ARS 9-461.06;AND DESIGNATING THE DEADLINE FOR VOTER REGISTRATION. AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2002-17 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHERLY AND WESTERLY PROPERTY LINES OF PLAT 107, BLOCK 13, LOT 29 (15038 N. EL SOBRANTE AVENUE) AS RECORDED IN BOOK 141, OF MAPS, PAGE 18 RECORDS OF MARICOPA COUNTY,ARIZONA (BARBARA SOLLARS) EA2002-06. AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2002-18 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS OCATED ALONG THE SOUTHERLY PROPERTY LINE OF PLAT 213, BLOCK 1, LOT 6 (15204 N. AbeEACHTREE LANE) AS RECORDED IN BOOK 155, OF MAPS, PAGE 24 RECORDS OF MARICOPA COUNTY,ARIZONA (DARREN AND JULIA OLIVER) EA2002-08. Town Council Meeting Minutes—May 16,2002 Page 1 of 10 AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2002-19 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS OCATED ALONG THE NORTHWESTERLY PROPERTY LINE OF PLAT 401B,BLOCK 6,LOT 34 (10214 N. velbEMARET DRIVE) AS RECORDED IN BOOK 155, OF MAPS, PAGE 12 RECORDS OF MARICOPA COUNTY,ARIZONA (BOYCE AND DENISE BALDWIN)EA2002-09. LGENDA ITEM#6- CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE TWO-UNIT THE SUNRISE CONDOMINIUMS, LOCATED AT 16429 MONACO DRIVE, AKA PLAT 206, BLOCK 8, LOT 19, CASE NUMBER S2002-12. AGENDA ITEM#7- CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE TWO-UNIT THE CHAMA VILLA CONDOMINIUMS, LOCATED AT 12270 CHAMA DRIVE, AKA PLAT 206, BLOCK 4, LOT 15,CASE NUMBER S2002-13. AGENDA ITEM#8 - CONSIDERATION OF AUTHORIZING THE MAYOR AND STAFF TO EXECUTE THE FIRST AMENDMENT TO THE RESTRICTIONS OF THE DEED FROM THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT TO THE TOWN OF FOUNTAIN HILLS. Councilwoman Fraverd MOVED to approve the consent agenda and Councilwoman Hutcheson SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Kavanagh Aye Councilwoman Ralphe Aye Councilman Melendez Aye Councilwoman Hutcheson Aye Mayor Morgan Aye Councilwoman Fraverd Aye The motion CARRIED unanimously ENDA ITEM #9 - PRESENTATION OF A "YEAR IN REVIEW" BY MEMBERS OF THE MAYOR'S YOUTH COUNCIL. Recreation Coordinator Corey Hromek thanked Mayor Morgan for her passion and concern for the Fountain Hills' youth. le introduced the current officers of the Mayor's Youth Council Matt Paul, Chair; Holli Ellis, Vice Chair; and Lizzy Miskell, Secretary. They provided a PowerPoint presentation, which reviewed their organization's annual activities. Matt Paul and Lizzy Miskell spoke on the Mayor's Youth Council community service, achievements, and their future goals. They concluded their presentation by thanking the Council for their past support. They expressed that they would like Mayor Morgan to continue working with their organization after leaving office. Councilwoman Fraverd thanked Mayor Morgan for her involvement and leadership with the Mayor's Youth Council. She remarked that she hoped the Mayor Elect would continue where Mayor Morgan left off. AGENDA ITEM #10 - CONSIDERATION OF APPOINTING COUNCILMAN MELENDEZ AS THE COUNCIL REPRESENTATIVE AND COUNCILWOMAN HUTCHESON AS A CITIZEN-AT-LARGE REPRESENTATIVE TO THE ADHOC SKY HARBOR/FAA COMMITTEE. Councilwoman Fraverd said she had asked for this issue to be put on the agenda at this time because Councilwoman Hutcheson would soon be leaving the Council. She now felt it was appropriate to reverse their service order. She asked that Councilman Melendez be named as the Council Representative and Councilwoman Hutcheson be named as the citizen at large representative. She thanked not only Councilwoman Hutcheson and Councilman Melendez but also Bob Sternfels for serving on this committee. Mayor Morgan MOVED to appoint Councilman Melendez as the council representative and Councilwoman Hutcheson as citizen-at-large representative to the Adhoc Sky Harbor/FAA Committee and Councilwoman Fraverd SECONDED the motion. Vice Mayor Kavanagh spoke in support of the motion. He felt that the committee's effectiveness could be attested to by the fact that the Fountain Hills skies were reasonably quiet now. He stated that Fountain Hills would need 'gilant and knowledgeable people on the committee. He agreed this was an excellent choice. Town Council Meeting Minutes—May 16,2002 Page 2 of 10 Councilman Melendez thanked Councilwoman Hutcheson for working with him on this issue. He emphasized the importance of continued citizen involvement, as the committee would need their support when voicing community oncerns. He also thanked Bob Sternfels for his efforts. Councilwoman Hutcheson said that the committee had made great strides in creating a coalition with other east valley "ommunities. Fountain Hills had been invited to have a seat at the table where the Southwest 2000 FAA plan would be iscussed. It was anticipated that this would help alleviate some of the concerns and problems in Fountain Hills. She emphasized that although this committee had taken a lot of time and effort it would not have been as successful without the technical expertise of Bob Sternfels. She felt the Council and the Town owed Mr. Sternfels tremendous gratitude. The motion CARRIED unanimously. AGENDA ITEM #11 - CONSIDERATION OF APPROVING AN AT&T WIRELESS SITE AT THE LASER DRIVE SITE. Mr. Farrell reviewed the current situation and acknowledged this was the third time that this Council had considered the issue. He confirmed that staff had notified the citizens along Laser that this item would appear on tonight's agenda. He pointed out that there were citizens in the audience who would speak to the issues. He reiterated that the question tonight was, should the facility be the monopole located at the Van Storage site or should the facility be the stealth tower located on the acquired Laser Drive site. Interim Community Development Director Jesse Drake covered the information that had been provided to the Council in their packets. She displayed and discussed the photo simulations of the approved wireless site at Van's and a map showing the steep topography of the location where the stealth site was proposed. She described the physical differences between the pole and stealth applications. She noted that in 2000 staff was in support of the Van site. She explained that staff was still in favor of this site because it was less intrusive as far as the HPE and because it was located in an industrial area. At '1 t time, the Council had advised the applicant to evaluate the ridgeline site. She commented that staff had been working ` rently since then to make an acceptable application as far as having an invisible facility with the stealth application and Ilbr .lpment hidden on the backside of Laser Drive. Vice Mayor Kavanagh MOVED to approve the stealth application site on Laser Drive and Councilman Melendez 'ECONDED the motion. Vice Mayor Kavanagh asked staff if they felt they had been successful in having AT&T make the stealth application reasonably invisible. Director Drake replied yes. She described the steps that they had taken to ensure that a stealth saguaro would visually blend in with the surroundings. She said that the equipment was less obtrusive than it could be. She noted that although it was not underground,it would blend in quite well with the industrial area to the south of it. Councilwoman Fraverd asked Director Drake to address the differences in the area views with the monopole and the U- Haul building constructed versus the views with the monopole prior to the construction of the U-Haul building. Director Drake stated that when the photo simulations were originally presented to the Council the U-Haul building had not existed. Therefore, the applicant had presented elevation drawings. At that time, the applicant had been more concerned with the timing and construction of the pole and what the site would look like since there had been some debate as to when the U- Haul building would be constructed. She commented that the view-shed analysis had shown that the U-Haul building would virtually obstruct the entire pole from the view of the residents. She explained that further up the hill in the FireRock area the pole would be visible but the longer the distance the less obtrusive the pole would become. She pointed out that since the U-Haul building had been constructed it did block much of the Van Storage site. Councilwoman Fraverd asked for several visuals to be displayed. She discussed the pole visibility issue of the homes where their view would not be blocked by the U-Haul building. Director Drake explained that these visuals were taken prior to the construction of the U-Haul building. She felt that the U-Haul building might be visible from this particular location but staff had not done an analysis from that angle. Since the U-Haul building was only 22' high, Director Drake commented that it would be obscured with the foliage there. ice Mayor Kavanagh compared Director Drake's explanation with the concept of viewing approved disturbance from cut and fill waivers from a half-mile away. It was his opinion that the residents would be seeing the reality of the simulation Town Council Meeting Minutes—May 16,2002 Page 3 of 10 presented in the Technology Drive picture. He felt that was what the neighbors were concerned about and that was his concern as well. gene Owens, 16502 Saguaro Blvd. (FireRock area) He expressed objections to the monopole. He supported the stealth saguaro application. Iayor Morgan announced that Mr.Tripp's group had requested additional time to make their PowerPoint presentation. Robert Tripp,Tombstone Ave. (FireRock area) Mr. Tripp spoke of the possibility of setting bad precedent. Their group felt that AT&T's decision to deny the stealth saguaro was unwise, unfair and unsound. The conclusion was that the area neighbors opposed the monopole and preferred the stealth saguaro. The PowerPoint presentation included visuals of existing stealth saguaros, the proposed monopole, and visually compared the proposed sites. Gus Reifenkugel, 16539 Saguaro Blvd. He preferred the stealth saguaro. He reminded the Council that by placing the monopole on the Van site instead of the ridgeline site the Town would be losing approximately$18,000 per year in revenues. Janet Leger, Saguaro Blvd. (FireRock) She requested that the Council stop the degradation of the community. Slides also were shown of other construction that the neighborhood has had to endure: the U-Haul building and Four Peaks Plaza. She said that the area residents were asking the Council to discontinue doing things that reduced their property values. Since AT&T had made another solution available that would reduce the negative impact on the community, the residents were asking the Council to approve the stealth saguaro. The saguaro would not obstruct views or create an unpleasant view for the neighborhood. John Binder,FireRock He supported the stealth saguaro application. Bill Lesur,new area resident c'°nported the stealth saguaro application. He pointed out that the ridgeline did not overlook pristine desert. It now looked r a shopping center. Roy Kinsey, 17120 Fairway Ct. (Chair of the McDowell Mtn. Preservation Commission) He sympathized with the neighborhood. He questioned if this issue would conflict with town ordinances and set a recedent. He asked the Council to clarify with the Town Attorney if there was a way around setting a precedent. Tim Niece,Saguaro Blvd. He supported the stealth saguaro application. He felt the precedent was set favoring hidden and non-visible towers for cellular technology. He did not want the Town to lose the revenue and questioned if someone had a vested interest in Van's. Phil Gaziano, 14946 E. Sierra Madre Dr. He favored the stealth saguaro application. He felt that this neighborhood had endured a lot over the last few years and this stealth application was a viable alternative for them. As long as the disturbance would be restored, he felt the Council should approve the stealth application. Arvid Dennis, 16644 Last Trail. He asked that the Council approve the stealth saguaro and get rid of the lights at U-Haul. Richard Nye,attorney for AT&T He clarified that they were not here tonight to advocate one location over the other. It was their intent to answer any questions that the Council might have. It was their understanding that two years ago when the Council addressed this matter, the site at Van's had been approved. At that time the Council had asked if AT&T would hold off building that tower and explore the possibility of putting up a stealth saguaro. His client's position was that the Van site had previously been approved and they were happy to go to that site. ice Mayor Kavanagh pointedly asked if AT&T was still willing to construct the stealth saguaro if that was the vote of the ouncil. Mr. Nye commented that wanting to and willing to were two different things. He stated that the stealth application was extremely expensive. Vice Mayor Kavanagh noted that the Town had developed a tremendous amount of wood will with AT&T and a large amount of that community good will came from the fact when this first started AT&T Town Council Meeting Minutes—May 16,2002 Page 4 of 10 had been generous enough to say that they would go the extra mile for the citizens and construct the stealth saguaro. He restated his question. Was AT&T's commitment to the citizens still there? Mr. Nye stated that AT&T was still willing to wild at the stealth site if that was the will of the Council. Councilwoman Ralphe asked what the construction and maintenance impact would be. Mr. Nye clarified that building this stealth saguaro was a significant construction process. Mr. Nye described and discussed the construction process and the _,otential maintenance cycle. He expressed concern that the desert surrounding the site was a bleached patina that had been attained over the years. He felt that the problem would be that anywhere that disturbance occurred there would be a noticeable difference. He pointed out that heavy equipment would be used during the construction process and that would disturb the desert. Mr. Nye commented that scarring would be left there even though it would be minimized through revegetation. He felt it was unlikely that the roadway used to access the site for maintenance would grow back. He also talked about the difference between performing a planned maintenance versus emergency maintenance and the potential for problems. Vice Mayor Kavanagh asked how many stealth saguaros had they installed. Mr. Nye noted that they had installed some and compared the maintenance options other sites had over this proposed site. Vice Mayor Kavanagh asked if there had been land disturbance at the initial installation of those stealth saguaros. Mr. Nye agreed there had been and referred to some of the visuals displayed. Vice Mayor Kavanagh commented that he had not seen any of the bleaching or scarring that Mr. Nye was referring to in the visuals. Vice Mayor Kavanagh asked if construction sites were restored to the best of their abilities. Mr. Nye said yes. Vice Mayor Kavanagh asked if they had received many complaints from residents near those areas. Mr. Nye said he was sure there were complaints no matter what they did. Vice Mayor Kavanagh rephrased his question asking if they had received any complaints regarding bleaching or rutting of the desert. Mr. Nye acknowledged that was why they tried not to put them in a location like this because they could not avoid the rutting or bleaching problems. Vice Mayor Kavanagh felt that Mr. Nye had painted an extreme picture of what could happen when he was talking about bleaching or rutting and massive disruption. He did not see that evidence in the visual on display. Mike Helgerson,construction representative for AT&T ie explained that one of the visual shown was that of a project that had been constructed as part of the intersection and yway into the development. He pointed out that this had not started out as pristine desert and that was the difference between this site and the proposed site being discussed. He said the proposed site was sparse and there was less ground cover. He pointed out that after a year or two there might not be much disturbance seen, but because of continued iaintenance access to the site,he felt that disturbance then would be visible. Vice Mayor Kavanagh asked what the access would look like. Mr. Helgerson explained what type of work would be done on site to help everyone visualize what the possible disturbance could be. Vice Mayor Kavanagh commented that there was an existing trail leading up to this site now. He asked if it would look worse if it were used for access. Mr. Helgerson said the trail would take on the look of a dirt road. He commented that currently the trail was overgrown but because of accessing the site as many as two or three times a year,it would look like a road. Councilman Melendez asked for a reply from the Town Attorney to Mr. Kinsey's question. Town Attorney William Farrell said that the deed that transferred the property to the Town in connection with the Four Peaks Plaza development did not contain any restrictions on other governmental use. He clarified that it did not contain a Hillside Protection Easement. Mr. Farrell stated that on numerous occasions the Town has leased publicly owned right-of-way to carriers for their wireless service. This was the first instance that disturbance would become an issue in seeking the permit. He acknowledged that it would be permitted under the town's ordinance and would not be prohibited. He confirmed that if there had been a hillside protection easement on this property, this use would have been prohibited. Vice Mayor Kavanagh asked if this would set a precedent that made future approvals easier. Mr. Farrell responded that precedents were decisions from the United States Supreme Court. He acknowledged that applicants and landowners who wish to contract with cell providers would remind the Council of this decision each time that they brought an application forward and the topography of a proposed location came into question. Flat lands did not raise those types of issues because disturbance was not as critical. Once the land became sloped terrain, whether privately owned or publicly held, then the disturbance factors would start to materialize. The Council would not be absolutely bound, but it would be a factor that someone could point out to the Council in office at that time. Vice Mayor Kavanagh made a comparison to the and fill waivers that the Council approves. Mr. Farrell replied that cut and fill waivers were slightly different in the ense that 10' was the amount of cut and/or fill that could be presented to the Community Development Department for approval without having to apply directly to the Mayor and Council. Vice Mayor Kavanagh pointed out that when the Town Council Meeting Minutes—May 16,2002 Page 5 of 10 Council approves a cut and fill waiver that did not make granting the next waiver application any easier as they were approved on an individual basis. Mr.Farrell agreed. athleen Nicola,Tejon Dr. She encouraged the Council to support the stealth saguaro at this site. .ene Owens, 16502 E Saguaro Blvd. He reminded the Council that the FireRock area had experienced all types of construction. He agreed it was a very rugged and rocky terrain. He pointed out that by looking at Firerock now and knowing all that it has experienced should prove that it doesn't take forever for the desert to be restored. He did not think permanent scarring of the desert should be an issue. Arvid Dennis, 16644 Last Trail Drive He rebutted statements made by the AT&T people as he felt they were trying to scare the community. AT&T's presentation of a stealth site versus the tower site favored the tower site because a stealth site would be costlier. He did not think revegetation would be a problem. Bob Tripp,Tombstone He asked for the visual, which showed the ridgeline, to be displayed. He indicated that AT&T should be able to put the stealth saguaro on the crown of the ridge. He said the existing road was wide enough to allow access to the site. He explained that the disturbance would occur on the backside of the ridge. He felt that if disturbance had to take place then this would be the location to have it. Vice Mayor Kavanagh concluded that it was important to remember that there wasn't any law that would cover all situations and that was why this Council reviewed waivers and exceptions. In this situation strict interpretation of the hillside ordinance would create a bad result. It would put an ugly monopole in the middle of the neighborhood and make residents unnecessarily upset. He felt it was ironic that the hillside ordinance would result in the monopole. He noted that people who supported and approved the hillside protection ordinance had done so because its primary purpose was to Nipir utify this community. To strictly enforce that law now and place an ugly 65' monopole tower in the middle of a community was a perversion of the hillside protection ordinance. The stealth saguaro was an aesthetic alternative. He acknowledged that some type of a trail would be visible. He compared this road/trail to a trail in the preserve. He stated lat this was a significantly different issue. He expressed disdain for AT&T's doomsday presentation. He was upset that AT&T had initially hedged when asked if they were willing to construct the stealth saguaro because of the additional costs involved. He commented that the goodwill he had held towards AT&T was gone because of the biased presentation. He pointed to the fact that AT&T had an economic interest in the monopole over the saguaro but it had been his opinion that the Town was going down a better path with AT&T. He noted that the residents in this area of the community were dealing with the construction of Target for the public's common good and he sympathized with them. They also were dealing with the U-Haul situation. He did not feel the monopole was necessary. Preservationists might be looking at this situation of allowing this stealth saguaro on this ridgeline site and that then the next application might be in the preserve. He concluded that there was a big difference between putting this stealth on a slope that was located in an industrial zone area verses putting it in the preserve. He remarked that this was an unfounded concern that should be dispelled. He said he would support the stealth. Councilwoman Ralphe said she appreciated that the public came out to speak on the issue. She acknowledged several different viewpoints. Director Drake had said staff favored the pole at the Van site because it was less obtrusive at an industrial site, and because of the Hillside Preservation Easement factor with the stealth saguaro site. She had listened to McDowell Mountain Preservation Commission Chairman Roy Kinsey, MMPC who spoke in favor of the pole application at Vans. She reiterated that at the last Council meeting, Town Attorney Bill Farrell had expressed that if the Council were to allow this stealth saguaro application in the hillside preservation area, a precedent would be set that could affect cellular applications on private property in the McDowells, in the preserve, and possibly in steep wash slopes. As a preservationist she was not in favor of a stealth saguaro because it would have micro-preservation aspects. However, to vote against the stealth saguaro would back away from setting a precedent on hillside property. She said if the Council were to set the -recedent, then it was possible and probable that it could lead to the same type of applications in the mountains and the serve. She felt a vote against the saguaro was a vote for preservation in the wider sense of covering all locations in wn. Mayor Morgan commented that if the Council was setting a precedent in this instance, then over the last four years this Council had set many precedents. Town Council Meeting Minutes—May 16,2002 Page 6 of 10 Councilwoman Hutcheson said a stealth saguaro looked better than a pole and no one would argue that point. She was bothered because it was in a hillside protection easement. She expressed concern over comments that said the desert could disturbed and then put back as it had been. Councilwoman Hutcheson remarked that it did not work that way. She was ot sure that the Council was setting a precedent in this instance. If the new Council has the will to say no, they could. Mr. Farrell agreed that was correct. On this particular site, it was her opinion that the stealth saguaro looked better. .ouncilman Melendez noted that he cared about the residents who live south of Shea. He said that he would be voting for the stealth application. Councilwoman Fraverd felt this was a two-fold issue. She indicated that an underlying feeling was that some of the public felt that the Council was voting differently now than in the past and she did not believe that was true. She reviewed her position at the June 2000 Council meeting by reading comments that she made then. This reading spoke of concern for setting a precedent. She reiterated that she still agreed with her former conclusions. She was concerned with the description given by AT&T of the disturbance that would take place. It was her opinion that if this saguaro went in, she did not see how the Council would be able to turn any other tower applications down. The Council would be setting a precedent by allowing this saguaro site. IF the monopole was going to be in the middle of a residential neighborhood, she might feel differently but it was in an industrial zoned area with commercial buildings surrounding it. She said for that reason she would be supporting the tower at Vans. Councilwoman Fraverd expressed empathy for the neighbors but she did not see any way around it. A roll call vote was taken with the following results: Councilwoman Ralphe Nay Councilman Melendez Aye Councilwoman Hutcheson Aye Councilwoman Fraverd Nay Vice Mayor Kavanagh Aye Mayor Morgan Aye t.:motion CARRIED on a vote of 4—2. AGENDA ITEM #12 - CONSIDERATION OF RESOLUTION 2002-20 AMENDING THE PAY RESOLUTION 'OR EMPLOYEES IN THE MUNICIPAL SERVICE OF THE TOWN OF FOUNTAIN HILLS. ivlr. Roy Pederson stated that this was a relatively routine issue. It has been the Town's practice to update its salary structure in order to keep pace with the market and to retain employees and attract new employees every two years. He pointed out that this came to the Council actually six months past the two-year time span. These recommendations were based upon surveys completed by the consultant and refined by the Town's Human Resources person Ms. Joan McIntosh. He pointed out that this was an excellent policy by Fountain Hills. This allowed the pay ranges of the positions to be adjusted. He commented that this did not automatically increase anyone's pay. The only exception was where an employee was currently on the bottom of a pay range. Those employees would receive a raise immediately when the adjustment was made. He noted that this applied to a very small number of employees. He explained that employees were moved up the range based upon their merit not just because the market pay range was moved. He felt that was wise policy. Staff recommended that the Council favorably consider this resolution. Vice Mayor Kavanagh MOVED to approve Resolution 2002-02 as presented and Councilman Melendez SECONDED the motion. Councilwoman Ralphe questioned what the increase percentage range was for each position. Ms. McIntosh responded that the percentage varied because of the surveys completed. She explained that when Dr. Nash worked on the survey in 1999 there was a 21/2 percent change between each grade and then between each step in the grade there was 5% change. She noted that those grades had remained the same. The positions were moved into different grades with the pay resolution but the percentages within those grades remained the same. ` ouncilwoman Fraverd asked for clarification of the three positions changing to exempt status and what that meant as se positions had received a considerable raise. Mr. Pederson said these exempt positions would no longer be eligible Tr overtime pay. They now would become salaried positions rather than the hourly positions as they had been previously. Town Council Meeting Minutes—May 16,2002 Page 7 of 10 Kathleen Nicola,Tejon Dr. She stated that as a former staff member she recognized that employees worked hard and were deserving of their salaries _id benefits. She asked if the additional amount referred to included the 11% that the Town pays into the 401K. Ms. �'.1cIntosh responded that the figure was just salary. Ms. Nicola expressed surprise that the Street Department was not receiving more of an increase. She stated that she had hoped to see them better represented in the pay resolution. She 'sked how many staff members were at the top of their pay range. Ms. McIntosh replied there were currently three. She ommented that during the next fiscal year there would be more though she did not know how many. Ms. Nicola asked if the position vacated by Pat Davis, and that of Cassie Hansen would be included. She asked who would be the third position. Ms. McIntosh did not know off the top of her head who the third position was. Mayor Morgan interrupted Ms. McIntosh stating that specific names were not necessary. Ms. Nicola apologized and said she should have used the titles Director of Administration and Chief Building Official. The motion CARRIED unanimously. AGENDA ITEM#13- CONSIDERATION OF A FINAL REPLAT OF LOTS 1 & 2,BLOCK 3,FOUNTAIN HILLS FINAL PLAT 207, A LOT JOIN REQUEST LOCATED AT THE SOUTHEAST CORNER OF GUNSIGHT DRIVE AND CHAMA DRIVE,CASE NUMBER S2000-044. Senior Planner Dana Burkhardt stated that this was a simple lot join. He commented that staff had received some opposition to this lot join due to technicalities of a real estate issue and that was why this was coming before the Council. He briefly reviewed his staff report. Staff was recommend approval. Vice Mayor Kavanagh MOVED to approve the final replat as presented and Councilwoman Fraverd SECONDED the motion. Councilwoman Ralphe asked what citizen comments were received. Senior Planner Burkhardt responded that during the individual purchases of the three adjoining condominiums there had been a misconception that the rear portion of the lot .s theirs and would not be developed. Staff determined after receiving full title reports and researching the ownership of property that the applicant owned the property. This had come as a surprise to the condominium owners. He felt that the applicant and the condominium owners might have worked things out,as they were not in attendance. 'he motion CARRIED unanimously. AGENDA ITEM #14- PUBLIC HEARING ON ORDINANCE 02-08 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5, SECTION 5.06.G., H., & I, BY REVISING THE PERMITTED LOCATIONS FOR ACCESSORY BUILDINGS AND SOLAR UNITS,CASE NUMBER Z2002-04. Mayor Morgan recessed the regular session and opened the public hearing at 8:16 p.m. Interim Community Development Director Drake reviewed her staff report citing the proposed modifications to the Zoning Ordinance. She stated that the main change between the existing ordinance and the new language was that the large accessory buildings under the current ordinance could be located in a rear lot line. Some buildings were quite large and staff felt that something of this size, over 120 sq. ft., should be treated as a structure and must meet the setback requirements. The Planning and Zoning Commission unanimously recommended approval,as did staff. Councilwoman Ralphe asked if the language changes would encourage the use of solar units. Director Drake responded said that this text change would not discourage solar units. She noted that staff had not received many applications for solar units but would welcome those applications. If they did not fit under these ordinances, applicants could come before the Council asking for a special use permit. Mayor Morgan closed the public hearing the 8:20 p.m. ;ENDA ITEM #15- CONSIDERATION OF ORDINANCE 02-08 AMENDING THE ZONING ORDINANCE OR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5, SECTION 5.06.G., H., & I, BY REVISING THE PERMITTED LOCATIONS FOR ACCESSORY BUILDINGS AND SOLAR UNITS,CASE NUMBER Z2002-04. Town Council Meeting Minutes—May 16,2002 Page 8 of 10 Councilwoman Fraverd MOVED to approve Ordinance 02-08 as presented and Councilman Melendez SECONDED the motion. The motion CARRIED unanimously. L AGENDA ITEM#16-PUBLIC HEARING ON A SPECIAL USE PERMIT TO CONSTRUCT A 12-UNIT MULTI- FAMILY RESIDENTIAL PROJECT IN A TCCD ZONING DISTRICT LOCATED BETWEEN EL LAGO .OULEVARD AND KIWANIS DRIVE,EAST OF FOUNTAIN CHANNEL, CASE NUMBER SU2002-03. Mayor Morgan recessed the regular session and opened the public hearing at 8:21 p.m. Senior Planner Burkhardt remarked that for the Council's convenience he was combining his reports regarding the special use permit request with the preliminary plat, which was the next agenda item. He described the site plan and the physical attributes of the project. He discussed the access to the property while displaying a visual for the public and Council. The density of the project was 5.22 acres. Those residences would be subtracted from the development agreement totals that had been established for the Town Center III with approximately 150 units left to fulfill that agreement. Senior Planner Burkhardt concluded that staff and the Planning and Zoning Commission were recommending approval with the five stipulations as listed in the staff report. Mayor Morgan closed the public hearing the 8:26 p.m. AGENDA ITEM#17- CONSIDERATION OF A SPECIAL USE PERMIT TO CONSTRUCT A 12-UNIT MULTI- FAMILY RESIDENTIAL PROJECT IN A TCCD ZONING DISTRICT, LOCATED BETWEEN EL LAGO BOULEVARD AND KIWANIS DRIVE,EAST OF FOUNTAIN CHANNEL, CASE NUMBER SU2002-03. Vice Mayor Kavanagh asked if the stipulations should be linked to the special use permit or the preliminary plat. Senior Planner Burkhardt said it could be either or both. Councilwoman Hutcheson MOVED to approve the special use permit as presented and Councilwoman Fraverd SECONDED the motion. The motion CARRIED unanimously. ,ENDA ITEM #18- CONSIDERATION OF A PRELIMINARY PLAT FOR THE 12-UNIT, 2.30± ACRES LAKESIDE VILLAS CONDOMINIUM, LOCATED BETWEEN EL LAGO BOULEVARD AND KIWANIS DRIVE,EAST OF FOUNTAIN CHANNEL,CASE NUMBER S2002-04. 'ouncilwoman Fraverd MOVED to approve the preliminary plat with stipulations as just presented and Vice Mayor Kavanagh SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM#19- CONSIDERATION OF EXTENDING THE SPECIAL USE PERMIT FOR DESERT VISTA PLACE CONDOMINIUMS, A 21-UNIT MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT IN A "C-1" ZONING DISTRICT,LOCATED ON BLOCK 3,FINAL PLAT 302; CASE NUMBER SU2001-13. Senior Planner Burkhardt reviewed his staff report. He explained that the applicant had run into a timing issue and could not pull his grading permits in time. The applicant was requesting an additional six-months to prepare plans and move forward with this project. Senior Planner Burkhardt stated that the fees associated with the development agreement had been paid and it had been signed. He said he was holding the development agreement at this time to ensure that the applicant was going to move forward with the special use permit. Staff was recommending approval. Councilman Melendez MOVED to approve extending the special use permit as presented and Councilwoman Ralphe SECONDED the motion. Vice Mayor Kavanagh asked if the project would have 20 or 21 units. Senior Planner Burkhardt confirmed that the Council had previously approved the project with 21 units. The motion CARRIED unanimously. AGENDA ITEM #20 PRESENTATION OF DISTINGUISHED SERVICE AWARDS TO MAYOR SHARON MORGAN, COUNCILWOMAN SHARON HUTCHESON AND COUNCILMAN JOHN WYMAN. Mayor Morgan presented the Distinguished Service Awards to Councilwoman Sharon Hutcheson and Councilman John 'Wyman. She read the wording conveyed on the plaque for each councilperson. erector of Administration Cassie B. Hansen presented the Distinguished Service Award to Mayor Sharon Morgan. She read the inscription on the plaque. Town Council Meeting Minutes—May 16,2002 Page 9 of 10 AGENDA ITEM#21 CALL TO THE PUBLIC AND ADJOURNMENT. Kathleen Nicola,Tejon Dr. u thanked the Council and outgoing council members for their service to the Town. She wished them the best of luck. soy Pederson He presented to the Council a draft of the proposed fire protection and emergency medical services contract developed by the consultant and staff with Rural Metro 2002-03. He added that copies would be available to the public at the library and n the Administration Department. Roy Kinsey,McDowell Mountain Preservation Commission Chair(17120 E Fairway Ct.) He thanked the outgoing council members for their last four years of service to the community. He said the public had profited by their endurance. Bob Howes,Planning and Zoning Commission Chair(Mustang Dr.) He said this Council had done a great job and had made decisions that were best for the community. He wished the outgoing council members the best in their future endeavors. Phil Gaziano He thanked the outgoing council members for their integrity. Arvid Dennis, 16644 Last Trail Dr. He stated he had been attending these meeting beginning with the Maricopa County Board of Supervisors. He expressed that this was the best group that he ever appeared before. He thanked the outgoing council for their service. Bruce Hansen, Sunburst He stated that everyone on the Council had served with integrity and without a personal agenda. He said he was proud of each council member. He was glad that he could attend the meeting with them. He thanked them for their service to the community. Scott Penrose,MCSO He spoke on behalf of Sheriff Arpaio and the other deputies. He thanked the outgoing council for their support and service to the community. .:ouncilwoman Hutcheson MOVED to adjourn and Councilwoman Fraverd SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 8:50 p.m. TOWN OF FOUNTAIN HILLS • By: 411101A A. c on Bey. er, • ATTEST: 6,04,A. Cassie B. Hansen, Director of dministr ion/Town Clerk 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 16th day of May, 2002. I further certify that the meeting was duly called and that a quorum was present. TED this 6th day of June 2002. Cassie B. Hansen,Director of Administration/Town Clerk Town Council Meeting Minutes—May 16,2002 Page 10 of 10