Loading...
HomeMy WebLinkAbout2002.0801.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE Loy FOUNTAIN HILLS TOWN COUNCIL August 1,2002 Mayor Jon Beydler convened the regular session at 5:00 p.m. AGENDA ITEM #1 - PURSUANT TO A.R.S. §38-431.03.A.3, AND A.R.S. §38-431.03.A.4, AND A.R.S. §38-431.03.A.7, VOTE TO GO INTO EXECUTIVE SESSION FOR: DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY, SPECIFICALLY PERSONAL LIABILITY OF COUNCIL MEMBERS; 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 HOFFMAN/ROBINSON/KNAPP VS. TOWN, ET AL.; AND DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN.ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE,SALE OR LEASE OF REAL PROPERTY,SPECIFICALLY THE TERMS OF THE LEASE FOR TOWN HALL OFFICE SPACE. Councilman Archambault MOVED to convene the executive session. Vice Mayor Fraverd SECONDED the motion. The motion CARRIED unanimously. Mayor Beydler recessed the executive session at 6:00 p.m. AGENDA ITEM#2-RETURN TO REGULAR SESSION Mayor Beydler reconvened the regular session at 6:30 p.m. Following the pledge to the flag and an invocation by Councilwoman Ralphe,roll call was taken: JLL CALL -Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jon Beydler, Vice Mayor Fraverd, and Councilpersons Kathleen Nicola, Mike Archambault, Susan Ralphe, and John Kavanagh. Also present were Town Attorney Bill Farrell, Interim Town Manager Sintra Hoffman, and Director of Administration/Town Clerk Cassie B. Hansen. Councilman Rick Melendez was absent. AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 24,25,27,28, AND JULY 2,5, 11, 16 AND 19,2002. AGENDA ITEM #2 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY MYLES MOONEY FOR THE ALAMO SALOON LOCATED AT 11807 NORTH SAGUARO BOULEVARD. THE APPLICATION IS FOR A TRANSFER OF THE EXISTING CLASS 6 BAR LICENSE TO THE NEW OWNER. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION POST 58 LOCATED AT 16837 EAST PARKVIEW AVENUE. THE LICENSE WILL BE USED FOR A FUND RAISING EVENT SCHEDULED FOR SATURDAY,AUGUST 17,2002 FROM 9:00 A.M.TO 10:00 P.M. • AGENDA ITEM #4 - CONSIDERATION OF APPROVING A TECHNICAL SERVICES CONTRACT WITH PHOENIX HIGHWAY SERVICES, INC. FOR TRAFFIC SIGNAL INSPECTION, TESTING AND MAINTENANCE SERVICES IN THE AMOUNT OF$26,340. ;ENDA ITEM #5 - CONSIDERATION OF APPROVING THE RENEWAL OF THE ANNUAL ASPHALT vD CONCRETE CONTRACTS WITH MARKHAM CONTRACTING. AGENDA ITEM #6 - CONSIDERATION OF APPROVING THE RENEWAL OF THE ANNUAL WASH MANAGEMENT CONTRACT WITH FIVE STAR LANDSCAPING. Councilman Archambault MOVED to approve the consent agenda (Items 1-6) and Councilwoman Ralphe SECONDED the motion. The motion CARRIED unanimously AGENDA ITEM #7 - DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN'S ROLE IN A SEPTEMBER 11TH REMEMBRANCE CEREMONY. Mayor Beydler recognized that Councilman Kavanagh has been chairing the 911 Memorial Committee. Te Council was interested in discussing how best the town should remember this tragic event. Councilman Kavanagh reviewed his committee's progress and ideas. Bruce Thulien (resident on Mustang Drive and Jr. Vice Commander for Post 7507 Veterans of Foreign Wars) introduced himself as the veterans' representative. He reviewed the ceremony plan that was submitted to Councilman Kavanagh and Mayor Beydler. He estimated the ceremony would take approximately 1/2 hour. Councilman Kavanagh suggested that the musician used at the initial ceremony be contacted.. He proposed that the ceremony take place at the proposed memorial site. Councilman Kavanagh MOVED to direct Parks and Recreation staff to assist and coordinate the 9-11 Memorial Ceremony with the veterans groups to facilitate the plans and Vice Mayor Fraverd SECONDED the motion. Councilwoman Nicola asked that the ceremony include a patriotic song that the public knew so they could sing along. Mayor Beydler commented that he would like to see this on September 11 and at a time that would coincide with the terrorist attack. Councilman Kavanagh proposed that in order to maximize the attendance the ceremony should begin at 6 p.m. with a request that the churches sound their bells for a minute or two in remembrance at the moment of the attack. Mayor Beydler brought forward the idea of holding an annual event and asking the businesses and schools to allow the community to pause from 9 a.m. to 11 a.m. to commemorate this event. Councilman Kavanagh pointed out that people would have to take time off work and he felt there would be an attendance problem. He proposed holding the main ceremony at 6 p.m. with another smaller ceremony at 9, 10 or 11 a.m. at the Community Center. Mayor Beydler said both could be held. Councilman Kavanagh agreed. The motion CARRIED unanimously. AGENDA ITEM #8 - PRESENTATION BY MR. RAPHAEL BEAR, GENERAL MANAGER OF THE FORT :'DOWELL YAVAPAI NATION, ON THE BENEFITS OF PROPOSITION 202 — "THE 17-TRIBE INDIAN ,ELF RELIANCE INITIATIVE". Mr. Raphael Bear stated their position on the benefits of Proposition 202 and its differences from the other gaming propositions. Mayor Beydler asked if this proposition were passed how much money would be shared with the Town of Fountain Hills and how the money would be given to the Town. For what specific purposes could the Town use those monies? Mr. Bear responded the funds would go to the State to be shared in areas such as conservation, trauma centers, and schools. Mayor Beydler recognized Dr. Pattea's presence. Mayor Beydler commented that Dr. Pattea had indicated the tribes might be able to write checks from their funds to adjoining political neighbors for specified purposes that might include fire protection, law enforcement, and public works. Dr. Pattea confirmed that was correct. Mayor Beydler asked what percentage would the Town of Fountain Hills be eligible for. Councilman Kavanagh interjected that the exact amount would be hard to discern. He said that the State would receive 1% — 8% of the gross revenue and the local cities and towns would be eligible for approximately 12% of the 1% — 8%. He said what was attractive about Proposition 202 was that the 1%—8% of the tribes' revenues was gross whereas in Proposition 200 the contribution was figured on the net. In closing Mr. Bear requested on behalf of the Fort McDowell Tribal Council that Town Council support Proposition 202. Mayor Beydler said that the Fountain Hills Council had an extraordinary opportunity this evening to be the first community to give support to Proposition 202. Mayor Beydler stated that Dr. Pattea had a meeting with the other 16 tribes regarding this issue and he proposed that the Town of Fountain Hills provide its endorsement and support of Proposition of 202. He asked the Council if they would like to make such a proposal. Vice Mayor Fraverd pointed out that this issue was not agendized for that action. Mr. Farrell said that this issue was not agendized for action nor could it be. He explained that the Town was prohibited as ilitical subdivision from using its personnel, equipment, facilities, or buildings to attempt to influence the outcome of election. However, the seven elected officials were free to express their support for any issue that they wished to. .tyor Beydler asked if the Town could do a resolution. Mr.Farrell responded that could not be done. Town Council Meeting Minutes of 8-1-02 Page 2 of 13 • Councilmembers stated their support of this proposition and agreed that they could be contacted individually for endorsement. lief Jerry Sheridan(Maricopa County Sheriff Department),Aspen Dr. rie spoke on behalf of Sheriff Joe Arpaio who was also supportive of the Indian Community and this proposition. AGENDA ITEM #9 — DISCUSSION AND POSSIBLE ACTION REGARDING THE EMPLOYMENT AGREEMENT FOR THE POSITION OF TOWN MANAGER OF THE TOWN OF FOUNTAIN HILLS. Mr. Farrell summarized that staff would be following some direction given in executive session. He hoped to agendize this for a final disposition on Tuesday, August 6, 2002, at 2 p.m. Staff asked that this item be continued until then. Councilman Archambault MOVED that this item be continued until Tuesday, August 6, 2002, as discussed and Councilwoman Nicola SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM #10 - CONSIDERATION OF AUTHORIZING THE VICE MAYOR TO SIGN THE CONTRACT FOR FIRE PROTECTION AND EMERGENCY SERVICES WITH RURAL METRO APPROVED AT THE NNE 6, 2002,TOWN COUNCIL MEETING PER THE FOUNTAIN HILLS TOWN CODE SECTION 2-2-6. Mr.Farrell noted that Mayor Beydler had negated the need for this item. Mayor Beydler moved forward with the next agenda item. AGENDA ITEM #11 - PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW A DETACHED GUEST HOUSE WITH RV GARAGE AT 15855 E. FIREROCK COUNTRY CLUB DRIVE, AKA FINAL PLAT FIREROCK COUNTRY CLUB PARCEL D, LOT 39,CASE NUMBER SU2002-04. �'tyor Beydler recessed the regular session and opened the public hearing at 7:20 p.m. i lanner Denise Ruhling presented her staff report. She reviewed the stipulations and scope of the proposed project. She noted that the Planning and Zoning Commission recommended approval with stipulations. Staff also recommended approval. Gary Par, (Luxor Homes representative)applicant He discussed the project and stated that they were willing to work with staff to mitigate concerns. Vice Mayor Fraverd asked the applicant about various aspects of the project. Mr. Par answered her questions to her satisfaction. Mayor Beydler closed the public hearing the 7:29 p.m. AGENDA ITEM #12 - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW A DETACHED GUESTHOUSE WITH RV GARAGE AT 15855 E. FIREROCK COUNTRY CLUB DRIVE, AKA FINAL PLAT FIREROCK COUNTRY CLUB PARCEL D,LOT 39, CASE NUMBER SU2002-04. Ms. Ruhling reiterated that staff would like to see the proposed waivers by Planning and Zoning upheld within the Council's motion as well as the stipulations. She asked that the Council require the applicant to meet all requirements set forth by the Engineering Department that would address those site issues. Vice Mayor Fraverd asked if this issue was noticed correctly. Interim Director Drake responded that the applicant did not apply for a waiver for either height or a cut and fill waiver. This was noticed for that which the applicant had applied: a special use permit for a guesthouse. Vice Mayor Fraverd asked Town Attorney Bill Farrell if the Council could approve a waiver without that request going through the proper channels. Farrell replied he would have to review the Code. Interim Director Drake brought the Code to Mr. Farrell for his rpretation. Mr. Farrell stated that the special use permit was noticed. The address of the property was listed in the per and those who were interested in the hearings could have been present today had they so desired. Mr. Farrell stated staff was fairly comfortable that the specific cut and fill waiver would not require notice and the Council could add it as an additional condition to the motion. Ms. Ruhling restated that the waiver did not need to be publicly noticed. Town Council Meeting Minutes of 8-1-02 Page 3 of 13 • Vice Mayor Fraverd MOVED to approve the special use permit with stipulations as presented. Councilman Archambault SECONDED the motion. The motion CARRIED unanimously. Nitre .'IGENDA ITEM #13 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 19-LOT, 6-TRACT, 30.007±ACRE PALATIAL ESTATES SUBDIVISION, LOCATED NORTH OF SHEA BOULEVARD AND WEST OF FOUNTAIN HILLS BOULEVARD,CASE NUMBER S2000-052. Senior Planner Dana Burkhardt gave an overview of the preliminary plat application. He stated that the Planning and Zoning Commission recommended approval with stipulations by a 3—2 vote. Staff was also recommending approval and he reviewed the stipulations. Councilman Archambault questioned the logic of changing the speed limit on Shea Boulevard to 50 m.p.h. between Fountain Hills Boulevard and Palisades Boulevard. He did not see anyone slowing down to that speed. He proposed that if the east left turn in was constructed, he would like to see that design changed to accommodate that 50 m.p.h. speed limit. Senior Planner Burkhardt said the design speed was for the 55 m.p.h. unless the Council wanted to make a separate action to reduce the speed limit. Councilman Archambault noted that an alternative would be a U-turn at Shea Boulevard and Fountain Hills Boulevard. He said that then the westbound traffic would have to be widened to three lanes. Town Engineer Randy Harrel said that staff would not object to designing that median pocket for a 55 m.p.h. speed limit especially since some of the Council had expressed opposition to eventually lowering that speed. Councilwoman Nicola asked if U-turns were allowed at Saguaro and Shea or Palisades and Shea. Mr. Harrel replied U-turns were not prohibited at Palisades/Shea but were prohibited at Saguaro and Shea. Councilwoman Nicola stated that she would prefer to see a left turn rather than the U-turn option. Mr. Harrel pointed out that was decision at the Council's discretion. He explained that the issue of lowering the speed would require separate Council action in the future so no action was needed. He stated that staff would be happy to take Council direction tonight. Vice Mayor Fraverd asked Mr. Harrel what was the best way to go in his professional opinion. Mr. Harrel responded that he did not like either option, as there were concerns with either one. Mayor Beydler asked if there were other similar left turn egresses in Fountain Hills. Mr. Harrel agreed there were two other left turn pockets off Shea. Mayor Beydler questioned how many trips were anticipated into this . s +bdivision and how many U-turns would be anticipated at Fountain Hills Boulevard. Mr. Harrel replied that in the ming peak hour,4 left turns going in,and in the evening peak hour,5 left turns going in were anticipated. Councilman Kavanagh said the two factors to consider when judging both options were safety and convenience. He asked which option provided the best convenience. Mr. Harrel replied the left turn lane. Councilman Kavanagh countered with the factor of safety. Mr. Harrel answered it was a hard call to make. Vice.Mayor Fraverd asked if this was a safe project. Mr. Harrel said safety was a relative term. He acknowledged that the U-turn was more dangerous than a left or right turn. He noted that slowing down to make a left turn in this location would also be a problem. If the left turn pocket design were made for 55 m.p.h. rather than 50 m.p.h., it would lengthen the lane and help in that instance. Vice Mayor Fraverd asked if the time of day was a factor. She suggested that the left turn in be allowed butonly during off times and asked if that would help with regard to safety. Mr. Harrel felt staff would have a hard time enforcing a time of day restriction on the turn. Councilman Kavanagh asked what the Council's alternatives were. Mr. Harrel answered either of the proposed entrances or neither. Councilman Kavanagh asked if there was any other way to enter the site. Mr. Harrel stated that at this current time, no. Councilman Kavanagh asked what were the boundaries of the site. Mr. Harrel responded it was bound on the east and north by a wash and on the west by Westridge Estates. Councilman Kavanagh asked if there was access from Fountain Hills Boulevard. Mr. Harrel said a large wash would have to be•crossed. He noted that this option had been discussed with the applicant in the initial phases. The applicant had been against that option. Mr. Harrel pointed out that was not a Town owned wash. Councilman Kavanagh asked what made this so special if public safety was the issue. Mr. Harrel said that Fountain Hills Boulevard was not a particularly good access location because the public would be traveling downhill on Fountain Hills Boulevard and rounding the curve. He restated that the Council should choose which they felt was the lesser problem. • yor Beydler discussed the left lane turn in. He asked how far the traffic light was from this proposed subdivision •ance. Mr. Hansel responded the entrance was 1,500' from the traffic signal at Fountain Hills Boulevard. Mayor ydler asked if there were any obstructions to the line of sight. Mr. Harrel agreed that drivers would be able to see cars in the westbound lanes. He noted that the problem was the possibility of getting hit in the rear by someone in the fast lane who did not realize that the car ahead of them was slowing for that left turn lane. Mayor Beydler asked if the safety issue Town Council Meeting Minutes of 8-1-02 Page 4 of 13 had to do with how much room there was to slow down. Mr. Harrel agreed that was why the left turn pocket was designed for 55 m.p.h., which was better than the 50 m.p.h. lopoo ouncilman Archambault asked would the lane distance be increased if the left turn lane was designed for 60 m.p.h. Councilman Kavanagh asked Mr. Harrel of the three options, left turn, u-turn, entrance off of Fountain Hills Boulevard, which option was the safest entrance. Mr. Harrel responded that there was a median cut on Fountain Hills Boulevard. If the right turn lane was added, he felt that Fountain Hills Boulevard would probably be the safest because the speed was slower and the hill was not as long. He restated that the applicant had rejected this option four years ago. Councilwoman Nicola asked why couldn't the speed be 45 m.p.h. between the Beeline and Palisades Boulevard on Shea Boulevard. Mr. Harrel again noted that staff would be bringing a speed limit reduction ordinance for Council consideration in the future and acknowledged that was a possibility. Councilwoman Nicola asked Mr. Harrel if the speed limit reduction were approved for 45 m.p.h., would that change his mind about the left turn option. Mr. Harrel said if the traffic could be made to slow down that would help but he did not think that would actually happen. Councilwoman Ralphe listed such things as street width, road grade, and number of units for a cul-de-sac, etc. as non- conforming items that she saw in this subdivision. She was not opposed to granting some of these. She asked if the Town was receiving anything in return with regard to any of the work that the Town wanted done on Shea Boulevard. She understood that there would be some improvements for approximately 450' along Shea Boulevard. She asked if there could be some fair give and take in terms of a Shea Boulevard development. Mr. Harrel said that type of stipulation to extend the improvements on Shea could be added or written in as a term of the development agreement. Councilman Kavanagh asked if Mr. Harrel was suggesting that four years ago staffs recommendation had been for a Fountain Hills Boulevard entrance for this project. Mr. Harrel agreed. Councilman Kavanagh asked if he could move to approve this project with the stipulation that it have a Fountain Hills Boulevard entrance or must the Council reject this and request a resubmission. Mr. Farrell suggested that the Council hear from the applicant first. Mayor Beydler stated he was interested if stipulating additional out of pocket on the developer's behalf would make the project profitable, doable, 'd sustainable. He expressed concern for the sidewalk stipulation. He questioned how the sidewalk could be built given terrain in this area and the fact that it crossed washes. He asked what the plan was for a sidewalk that ended and who ould use it. Mr. Harrel explained that the intention was to build the sidewalk within graded slopes of Shea Boulevard. In accordinance with the subdivision ordinance, he anticipated eventually having a sidewalk along Shea. He noted that his department had made application for federal funding for this over the last three years. He hoped that the favorable announcement could be made on that in the near future as he felt the funding looked good this year. If these funds were received, it would be approximately six years before the sidewalk could be built. Mayor Beydler asked if the applicant's property shared a common border with the proposed resort. Mr. Harrel responded that they did share a common boundary. The resort was making a small monetary payment for an additional lane on Shea Boulevard. Mayor Beydler questioned if the applicant's sidewalk would abut the sidewalk that the resort would construct. Mr. Harrel replied no. The resort was not putting a sidewalk the entire length of Shea. Mayor Beydler asked who would be putting in the rest of the sidewalk. Mr. Harrel said that would have to be accomplished with Town funds or with grant funds. • Jerry Fandytis, applicant The applicant addressed issues and concerns with regard to the project. He covered the history of this project. He stated their traffic engineer, Charles Wright with Kimley-Horn and Associates, was present to answer any technical questions. Mr. Fandytis asked for fair play. He stated that he did not have a problem with paying for 450' of sidewalk but the question was why would he want to spend money on something that went nowhere. Mayor Beydler expressed concern that the developer's profits were becoming skinny. Mr. Fandytis agreed. • Mayor Beydler asked if Mr. Fandytis' reluctance was from feeling the pain of whether or not he would make money on this project. Mr. Fandytis said that was true. He commented that the two biggest negatives with his project were that it was located on Shea Boulevard (because of noise) and it was beside a water treatment plant. He noted he had two years of carrying costs on this project and that it didn't take long to eliminate profits. He pointed out that lot sales were tough nn,., He felt the ultimate winner in this situation would be the Town because property tax would be collected annually on lot. Mr. Fandytis brought in a table model of the project as a visual aid and discussed the project, its design, and .ifications that they were requesting. He felt the sidewalk was not cost effective. rr- Vice Mayor Fraverd asked if the applicant was offering to rebate the money to the Town because he did not want to pay for sidewalk. Mr. Fandytis responded perhaps the Town would like to rebate two years of costs to him. He said that Town Council Meeting Minutes of 8-1-02 Page 5 of 13 before the Shea median was built he had asked the Town and engineers to wait and talk so this could be built once instead of wasting money. He came over the hill one day to find that the median was being built and he had not been contacted. (0600,f'e eventually talked to Mr. Harrel who had said they had assumed that his project was on hold and that wasn't the case. :ey had tried to get a development agreement compiled that would address all of the issues so there was a negotiation going on between Mr. Farrell and Paul Gilbert. He stated that an agreement was made but was not honored. Therefore, another meeting had to be scheduled. Mr. Fandytis stated that each one of the communication lapses had cost him a lot of money. He felt that the money that he would have contributed to upgrade the community had basically been wasted. Vice Mayor Fraverd asked Mr. Fandytis if his answer was no. Mr. Fandytis said that there had to be some give and take. The question was where would the money come from and what was in it for him because there wasn't much profit left in this project. Councilman Kavanagh stated that regarding the economic viability of the project he had no problem with giving him concessions on the road or the four extra lots, but after getting these major concessions if the project wasn't doable, then maybe Mr. Fandytis paid too much for the land. Mr. Fandytis felt he had been caught in the middle of the fight between MCO and the Town Council. Mr. Fandytis noted that there wasn't any discussion of a sidewalk as this stipulation came up a month ago. Councilman Kavanagh asked what the history of this sidewalk issue was. Senior Planner Burkhardt stated that the sidewalk requirement has always been mandatory on any subdivision development. Mayor Beydler asked why this stipulation was a last minute revelation to the applicant. Senior Planner Burkhardt said that was unclear. Right-of-way improvements had been discussed and that subject was one of the biggest issues that had been discussed among the attorneys. He restated that this had been a requirement and had been discussed in the past. Mr. Fandytis said their understanding was that they were putting sidewalk all the way down the property but when they got to Shea Boulevard then the question became where was the sidewalk going. Councilman Kavanagh asked if the Town's plan called for a sidewalk along Shea or was this "a sidewalk to nowhere". Interim Director Drake stated that the General Plan specifically called for pedestrian pathways throughout the community. She explained that the Town's vision was to have sidewalks along all arterial streets and hopefully along the rest of the streets. Numerous citizens had called in stating that this was something they desired. Councilman Kavanagh said he had heard complaints that there were sidewalks that suddenly stop and then start again. He suggested that if an exception was de and it was taken out of this project that the Town would wind up with one more sidewalk that suddenly starts and %16,,, .)s. Mr. Fandytis displayed pictures of the project area and described the problems with putting in a sidewalk. Mr. r arrel responded to the photos. He stated there was room for a sidewalk along Shea Boulevard. Vice Mayor Fraverd asked when there might be some grant money available to finish the portion of the sidewalk on Shea Boulevard that no developers would be responsible for. Mr. Harrel said if the Town were awarded this federal aid project, it would probably be built in about 2007. She asked when would staff know if the Town would receive that award. Mr. Harrel was not sure but hoped within the next month or two. Vice Mayor Fraverd asked what was the likelihood that the Town would be able to finance the continuation of that sidewalk without that award. Mr. Harrel responded that eventually a third lane would be needed and at that time the sidewalk could be constructed. He noted that development fees as well as future Town's monies could be used to pay for that. Vice Mayor Fraverd observed that since the applicant did not want to construct the sidewalk,could the Town require the applicant to put some money down and at the appropriate time the Town would then construct the sidewalk. Mr. Farrell confirmed that has been done in the past. Mr. Fandytis said that although he wouldn't be opposed to that, there was more to it than that. He said he would rather give the$5,000 check for it to be spent on a soccer field, benches in the park or something for the elderly. Councilman Kavanagh asked if the cost of the sidewalk construction had been computed. He then questioned if it could be stipulated, that the money for this construction be given to the Town with no strings attached so that it could be used for something else as suggested by the applicant. Mr. Farrell said no. If the Council were going to stipulate land use then the applicant would pay something for a development adjacent to his property and the money should be used for the property and the development thereof. He commented that it was not just a contribution in lieu of the sidewalk. He noted that the Town had to look at whether or not the 19 homes would create such an impact that it warranted that type of an exaction. There had to be that connection in order for the exaction to be taken. Those were some of the things that staff tried to come to some agreement with the applicant before the project was sent back to the technical side. Staff did not kr, .hen that third lane on Shea would be constructed so they tried to look at placing the curbs where they would be at ut. Staff had tried to reach an agreement with the applicant because even with the Town's development fee, staff znized that the people adjacent to Shea could not be asked to carry the full cost of the development. He felt that some :ne development detail was lost when strictly applying the subdivision ordinance to an unusual tract such as this that only had the capability of producing 19 lots. The development had to be balanced somewhere along the line in Town Council Meeting Minutes of 8-1-02 Page 6 of 13 • relationship with what the 19 new dwelling units would pay in terms of development fees, what type of impact would they put on Shea Boulevard, and then what could the Town reasonably charge them as a result of that impact. ayor Beydler reiterated that this was a discretionary act by the Council to require the applicant to build the sidewalk. :vlr. Farrell clarified that the Code did not give them the discretion, however, the Code was written to apply to the vast majority of properties. The question became did that code effect a hardship or ultimately a regulation that "takes" the property. Mr. Farrell pointed out that the Code could not be written to fit every situation. Mayor Beydler asked the applicant what the sidewalk would cost to construct. Mr. Fandytis estimated that it would be under$5,000. He stated one of the contributions that they were willing to make was approximately 600' of pavement for that extra third lane that would not have to be ripped out later. He noted that they would be installing the sidewalk in the development and the development road. Councilwoman Nicola asked to hear from the traffic engineers. She noted that the applicant would be improving the roadway to the water treatment plant. Mr. Fandytis agreed and said the development would be an asset to the community. Councilman Kavanagh asked if there would still be a deceleration lane for this left turn into the development once the third lane was constructed along Shea. Mr. Harrel replied the deceleration would still be there. Chuck Wright,Kimley Horn and Associates,Traffic Engineer for the applicant He reviewed the project and safety issues. He acknowledged a different design speed other than the 50 or 55 m.p.h could be made if that was the desire of the Town in order to address the conditions of this location. He agreed with Mr. Harrel that it was difficult to decide if a U-turn vs. a median break was a better configuration in this type of location and there wasn't a good answer to that question. He acknowledged that there were criteria that could be applied to address the specific configuration of grade and speed to meet the nationally accepted standards for this type of a location. Councilman Kavanagh stated that Town staff was neutral whereas the applicant had hired Mr. Wright. He noted that someone hired by applicant has never said, "Deny this project as my boss is crazy". He confirmed that he put more credibility in Town staffs opinion because they were neutral. Councilman Kavanagh restated the three entrance options. (:`the three, Town staff seemed to think that Fountain Hills Boulevard would be the safest, whereas there were concerns the other two alternatives. Councilman Kavanagh asked Mr. Wright for his opinion of the Fountain Hills Boulevard ,:ntrance. Wendy Rydell, legal representative from Paul Gilbert's office She interjected that this property did not have any legal access to Fountain Hills Boulevard. She stated that it was a leap to presuppose that the applicant could get access to that entrance option. She wanted the Council to be aware of that point. Mr. Wright said that he had not evaluated the potential with concern to access to Fountain Hills Boulevard. He did not think he could give the Council his opinion on that tonight. He added that his firm used national criteria established by ADOT, MCDOT, and American Association of State Highway and Transportation Officials while going through their analysis. He pointed out that although the applicant was paying his firm, his firm was not applying standards set by the applicant nor his firm. Councilman Kavanagh noted that Mr. Harrel's conclusion was different. He asked Mr. Harrel what different standards he was using. Mr. Harrel said he was essentially using the same standards. Councilman Kavanagh said here were two professionals using the same standards and reaching different conclusions. He commented that created a dilemma for him because the Council was being asked to make the decision. Councilman Archambault expressed that in looking at the situation he did not feel this project created a line of site issue on Shea Boulevard. Councilman Kavanagh asked for the early history of the project as to why the Town apparently wanted the Fountain Hills Boulevard entrance and what transpired to change that conclusion. Mr. Farrell provided some of the early events. He thought that the applicant had acquired the land from MCO all the way to Fountain Hills Boulevard. The early discussions between the attorneys worked under that assumption. They had discussed the scarring and disturbance issues that would occur by entering off Fountain Hills Boulevard and exiting onto Shea and that option not be beneficial to the development or to the community. The cul-de-sac had been their idea to give the applicant e could get by right(25-26lots).and avoid the distraction and visual pollution on Fountain Hills.Boulevard. He did • .now that the attorneys ever made a decision that it was good or bad or economics other than it was an aesthetically Now ,asing cut and fill. The attorneys focused on trying to accomplish one exit in and one exit out, a cul-de-sac that would be beneficial and as many of the lots that were lost that could be made up. He did not know that anyone analyzed any Town Council Meeting Minutes of 8-1-02 Page7of13 • safety aspects of Fountain Hills Boulevard in the early stages. He noted that he had not attended any of the technical meetings. :r. Harrel said that was an option that had been discussed. He stated that the project had not been dropped as there had been submittals within that time period. The Fountain Hills Boulevard suggestion was rejected by the applicant and staff moved forward at that point. Mayor Beydler asked Mr. Farrell if the applicant did not own the land between his parcel and Fountain Hills Boulevard, would the Town have to mandate the owner to sell the land to the applicant in order to facilitate that option. Mr. Farrell said yes but the Town did not have the power to mandate people to sell. Mr. Farrell said it made no sense that Mr. Gilbert and he had been discussing that access unless one or both of them were of the opinion there was an ability to get that particular piece of property if the applicant did not own it. Wendy Rydell suspected that at the time Mr. Gilbert was on fairly friendly grounds with MCO and the assumption was made that they might be able to negotiate an agreement for access to Fountain Hills Boulevard. She noted that as recently as last week MCO had been approached about that possibility. MCO responded no as they wanted to retain the land for the purpose of transfers. Ms. Rydell reiterated that the applicant was left without any ability to access Fountain Hills Boulevard. Vice Mayor Fraverd asked Mr. Wright and Mr. Harrel if the deceleration lane were designed for 60 m.p.h. would that give them a better safety comfort level. Mr. Wright replied he was not too concerned with drivers mistaking the left turn lane for a through lane just because of the configuration. The biggest concern was having some large differential in speed of vehicles in the same lane. He stated that the goal was to allow someone to move out of that through lane or slightly slow down while in the through lane so as to avoid conflicts. Mr. Wright agreed that if it were designed for a higher speed that would increase the length of turn and would further reduce potential conflicts. He pointed out that unless law enforcement sat there he could not be 100% certain that someone would be traveling 55, 45, or any other speed. He did not feel it would be unreasonable to consider 60 m.p.h. or that any engineer would object to that type of small adjustment to the design. Vice Mayor Fraverd asked if Mr. Wright was comfortable that it would now be safe based on the deceleration being increased to 60 m.p.h. Mr. Wright stated that neither he nor Mr. Harrel would ever be able to say that tr s particular configuration was 100% safe. .ce Mayor Fraverd asked if he would feel comfortable. Mr. Wright said he was comfortable with their recommendation of 55 m.p.h. but the potential for accidents as a probability would be lower if the design rate was 60 m.p.h. He stated that he was not uncomfortable with the 55 m.p.h. that had been recommended. Vice Mayor Fraverd asked the same question of Mr. Harrel. Mr. Harrel said he would have the same answer. The 55 m.p.h. was properly designed but the 60 m.p.h. would provide a better safety factor. Vice Mayor Fraverd asked if Mr. Harrel's recommendation would be for approval of the left turn lane based on the 60 m.p.h. design. Mr. Harrel could not commit to a yes or no answer. Mayor Beydler asked how fast the public drove. Councilman Archambault said he drove 60 m.p.h. Councilman Kavanagh asked for safety clarification of designing an acceleration lane for 6o m.p.h. Mr. Wright explained that the calculations were done based upon an assumed speed per vehicle as determined by how much deceleration was occurring in the through lane vs. in the left turn pocket. Councilman Kavanagh asked if there was a safety problem if the driver was doing 70 m.p.h. and entered the turning pocket that the driver would not be able to stop before the cut. Mr.Wright said no. Councilwoman Ralphe asked Mr. Farrell what the Town's liability would be if 60 m.p.h. design were used. Mr. Farrell replied that the Council had asked both engineers what standard were used and both had different conclusions. He stated that was what would happen if there were to be any litigation. The plaintiffs side would try to prove that the Council negligently designed, approved, and built the road. The Town would refute those claims and it would become a jury question. Mayor Beydler restated that the deceleration lane should stay at the 55 m.p.h. design to keep the Town out of court. Mr. Farrell said that would not keep the Town out of court but as far as a judgment being levied against the Town's insurance carrier, the more safety factors that were put into the design the easier it would be to refute liability. Councilman Archambault asked for a 5-minute break. Mayor Beydler called for a recess at 9:03 p.m. Mayor Beydler reconvened the meeting at 9:13 p.m. Ma, Beydler asked the Council if there were some agenda items that could be moved forward because of the lateness of sir or did they want to finish the agenda. He wanted to identify those agenda items for the public so that if they t want to wait they would not have to. ��ouncilman Archambault MOVED to continue Agenda Item#18 to the September 5, 2002 Town Council meeting and Agenda Item#14 to the August 15, 2002 Town Council meeting. Councilwoman Nicola SECONDED the motion, which Town Council Meeting Minutes of 8-1-02 Page 8 of 13 • CARRIED unanimously. Councilman Kavanagh asked that agenda item #14 be placed at the front of the August 15, 2002, agenda. endy Rydell stated that the applicant would be willing to cover the costs cf the debated sidewalk along Shea Boulevard. She suggested that since the sidewalk was not necessarily in the best interest of the community to build it today, that construction be determined through the development agreement. With regard to the deceleration, the applicant was more than willing to commit to the 60 m.p.h. speed. Mr. Harrel stated staff did not have any objection to the 60 m.p.h. speed design or the applicant placing funds into escrow to pay for the construction of the sidewalk at a future time. Mayor Beydler asked what the cost for the sidewalk would be. Mr. Harrel said staff would work with the applicant's engineer to come up with a equitable cost analysis. Jerry Fandytis proposed seeking two professional estimates by concrete companies and the taking the average of those two estimates. He thought that would be fair. Mr. Harrel said normally staff would compute the cost with the applicant's engineer but staff could go along with what Mr. Fandytis suggested. Mr. Farrell pointed out that the Town has never had a dispute in the past. He assured the Council that staff would come up with a number for the applicant that would make everyone happy. Jerry Fandytis asked if that could be made part of the development agreement. Vice Mayor Fraverd asked Mr. Farrell if the 60 m.p.h. designed deceleration lane was a bad idea. Mr. Farrell responded it was a good idea. Less than 55 m.p.h. was a bad idea. Vice Mayor Fraverd questioned if the Town was opening itself up to say it was ok to go 60 m.p.h. on Shea. Mr. Farrell thought that the design criteria of the left turn lane would be built for a speed of 60 m.p.h., which would require a longer lane. He felt that helped the Town's liability position. Councilman Archambault MOVED to approve the preliminary plat as stipulated by staff, which would include the changes as presented (Development Agreement, left turn provision and deceleration lane designed for 60 m.p.h., the elimination of stipulation#9, and the sidewalk escrow fund). Vice Mayor Fraverd SECONDED the motion. The motion CARRIED unanimously. ENDA ITEM #14 - UPDATE REGARDING THE PRINTING OF THE COMPASS PUBLICATION, WITH OSSIBLE DIRECTION TO STAFF ON IMPLEMENTING COST REDUCTION MEASURES. Continued to the August 15,2002 Town Council meeting. AGENDA ITEM #15 - PUBLIC HEARING ON RESOLUTION 2002-31, ADOPTING THE TENTATIVE BUDGET AS THE 2002-2003 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. Mayor Beydler recessed the regular session and opened the public hearing at 9:23 p.m. Mayor Beydler said this was an opportunity for the public to provide input on the proposed budget. Mayor Beydler closed the public hearing the 9:25 p.m. AGENDA ITEM #16 - CONSIDERATION OF ADOPTING RESOLUTION 2002-31, ADOPTING THE TENTATIVE BUDGET AS THE 2002-2003 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. Councilman Archambault said that the Council needed to transfer $139,993.55 from the reserve account to the Administration Department Budget (rent line item). Director of Administration Cassie Hansen requested that the Council make the amount an even $145,000, as that would give staff some latitude. Councilman Archambault asked how much the monthly increase would be. Director Hansen responded$4,000 a month. Councilman Archambault MOVED to move $145,000 from the reserve account to the administration budget as requested. Councilman Kavanagh SECONDED the motion. The motion CARRIED unanimously. N yor Beydler suggested that funding be re-established for the Council to cover expense reimbursement. He proposed t the Council should have some latitude for attending activities such as MAG, participating in the League of Cities and owns, or communicating with constituents. He had asked Ms. Ghetti to recommend an area or line item where funds could be moved within the Council's budget to accommodate this without increasing the budget. Director Hansen noted Town Council Meeting Minutes of 8-1-02 Page 9 of 13 • that the Mayor/Council budget was fairly small. She reviewed the line items contained in their budget. Mr. Farrell said the reality was that Council would have to transfer some money in, as there weren't any alternative sources that were vailable for reimbursement. He asked Director Hansen if she recalled what the amount was that had been originally „-.idgeted. Director Hansen replied that$2,500 had been included for travel in the revised estimate from last year. Councilwoman Nicola asked if it was feasible that the Administration Budget could reimburse the Mayor and Council for things such as mileage. Director Hansen responded that travel in all of the departments had been reduced significantly. She referred to the report that Ms. Ghetti had done that linked conferences that were required for certification purposes. Director Hansen reiterated that those line items were very tight. Councilman Kavanagh felt that the Council should just "bite the bullet" this year. Councilwoman Ralphe agreed that the idea to cut cost with regard to conferences and travel had been hers. She pointed out that the communication line item was not cut in any department. Director Hansen confirmed there had not been any communication items in the Mayor/Council Budget. Councilman Archambault said he would not object if someone on the Council had a large bill and asked for it to be reimbursed. He noted everyone could pay for mileage. Councilman Archambault asked Ms. Hoffman if there wasn't some way that the council members could be reimbursed for those larger items. Interim Town Manager Sintra Hoffman deferred to Director Hansen. Director Hansen responded that if the Council wanted to consider that option, the Council could put in a communications line item into the Council budget by taking some funds from the reserve for that purpose. Director Hansen proposed that instead of using private phones that the Council get a phone through the Town,as there might be a better plan at a lower per month cost. Councilman Archambault asked if there was a large cell phone bill that was being talked about. Mayor Beydler replied yes. Councilman Kavanagh thought that the Council was talking about an unusually large expense. He asked if one-time expenses couldn't be authorized as they came up and then the Council authorize the transfer. Staff said yes that could happen. Councilman Kavanagh said then the Council did not need to discuss it now. Mayor Beydler said as Mayor he needed a cell phone. He commented that last month his cell phone bill was over $400 a 'd he felt it was inappropriate to spend that. Mayor Beydler summarized that it was his first month on the job and he not expected to get as many phone calls as he did. He felt it was important for him to have a cell phone because of :.ie multi-tasking that he did. The cost might be $50 per month to conduct Town business. Councilwoman Nicola said there were a couple of council members who kept in touch while they were on vacation. She thought they might have spent a significant amount on their cell phones calls. Councilwoman Nicola MOVED to transfer in the amount of $5,000 into the Council budget for a communication line item. Councilman Archambault SECONDED the motion. Councilman Archambault noted that there had been many meetings in the last month and a half. Councilman Archambault said he could support this item, but he did not want to see it abused. Councilman Kavanagh felt that at $5,000 this item came pre-abused. He stated that the Council has never had cell phones. There has never been a need for them. At a time when the Town was tightening their belts and cutting costs, to put $5,000 into cell phones was a bad signal. He said that even in good times he said he would question the economics. Councilwoman Nicola said that she had asked Executive Assistant Sue Stein not to contact her on her cell phone for that reason but she continues to get calls from the Town on her cell phone. Councilwoman Nicola said that Ms. Stein had suggested she put her private cell phone number on her Town business card, which was given out to citizens. Councilwoman Nicola acknowledged that she receives many calls from constituents on her cell phone and that she has not asked for any reimbursement. She said that she could appreciate that many people have contacted the Mayor for which he has used his cell phone. She did not think that the expense of$5,000 over twelve months between seven people was that outrageous. Councilman Kavanagh pointed out that there were many ways to communicate with constituents. He felt cell phones and pers nal web sites were extravagant ways to communicate. He stated that over the past two years he had spent money on th, development of it and on line fees. He remarked that was an extravagant extra expense that he assumed for which he I'd not expect the taxpayers to pay. He said cell phones were an extravagant extra also at this time of fiscal constraint Nr .it the Town should not have to absorb. Mayor Beydler said that cell phones were a method of time management and were a way to do more in less time. He stated he wanted an open relationship with the community and cell phones were one of the better inventions of our time. He remarked that he had asked that his cell phone number be placed on his Town Council Meeting Minutes of 8-1-02 Page 10 of 13 • business cards. Mayor Beydler made the observation that other communities provide not only cell phones but also notebook computers, and offices. Thereby providing their council people with the tools with which to do their jobs. He ated for this Council to cut themselves off was inappropriate and not business wise. Councilman Archambault felt that because of the hours that Mayor Beydler puts in it was imperative that at least the Mayor have a Town cell phone. He did not think it was fair to expect any member of the Council to continue to eat$600 cell bills monthly when they don't necessarily advocate everyone calling them on their cell phones. Councilwoman Ralphe said she did not need a cell phone provided by the Town. She said that no one had her cell phone number except for her husband and two sons. She pointed out that her constituents called her home. Councilwoman Nicola remarked that she was not asking for the Town to provide her a cell phone. She recognized there was a need for reimbursement for long distance and excessive use as described. Councilwoman Nicola stated that she would support this motion. She brought up the issue of the Council's expansion into a couple of Town offices for the purpose of meeting with constituents. She suggested that they would like to have phones and the phones could be included under the Mayor/Council Communication line item. Dale Noss, 14603 N. Fairlyn He reminded the Council that they had set up a bare bones budget. He commented that the Council's compensation was very poor. He stated that when he heard that other cities provide laptops, offices and other things he thought this discussion was getting silly. He pointed out that the Council knew what they were getting into. He suggested that the Council use e-mail and a landline phone. He did not think cell phones were necessary and he did not want to pay for it. Bob Travis, Chinook Plaza He said other officials carried cell phones. He supported the Mayor having a cell phone but not the other council members. A roll call was requested with the following results: Vice Mayor Fraverd Nay Councilman Kavanagh Nay Councilman Archambault Aye Councilwoman Ralphe Nay Councilwoman Nicola Aye Mayor Beydler Aye The motion FAILED on a vote of 3—3. Director Hansen interjected that prior to this meeting the carry forward was at $1,004,793. With the deduction of the $145,000 for the back property taxes that brought the carry forward to $859,793 for this current fiscal year. Director Hansen stated that it was Ms. Ghetti's desire that in the Council stipulate that amount to maintain as a carry forward in the motion. Vice Mayor Fraverd asked what would happen if there was some type of an emergency and the Town needed $100,000 of that money. Director Hansen said that the Council could vote to transfer money. She explained that this action came from Ms. Ghetti's desire to have a year-end goal. Councilman Kavanagh MOVED approve the budget with a carry forward of $859,793. Councilwoman Ralphe SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM #17 - CONSIDERATION OF AWARDING THE BID FOR FIFTEEN SELF-CONTAINED BREATHING APPARATUS TO UNITED FIRE IN THE AMOUNT OF $51,551.16. THIS PURCHASE WAS APPROVED IN THE BUDGET AND WILL BE REIMBURSED WITH FEMA GRANT FUNDS. Vice Mayor Fraverd MOVED to award the bid for $51,551.16 to United Fire as presented. Councilman Archambault SECONDED the motion. Bob Travis, Chinook Plaza L asked if the equipment would belong to the Town. He asked if the Town had an equipment list of what was owned by .te Town to date. Town Council Meeting Minutes of 8-1-02 Page 11 of 13 • Fire Chief Scott LaGreca He responded the equipment would belong to the Town. He stated that the Town staff had been provided a complete list f all town owned equipment and he would be happy to provide another list if needed. Chief LaGreca said that they were %win the process of converting the equipment inventory list into the fire department software. When completed, they would be able to provide either a daily, weekly, or monthly inventory report. He observed that if their inventory was 1901 compliant, they would also be able to tell if they had lost or damaged a piece of equipment along with the time frame of replacement and who was responsible for replacing it. Councilman Archambault asked Chief LaGreca if he would be able to provide the inventory list soon. Chief LaGreca responded that he had a list now and he could deliver a standing equipment list to anyone who wanted it tomorrow. Councilman Kavanagh thanked Fire Chief LaGreca for the diligence shown for the Town property and commended him for the inventory improvements made since the Town took over fire service. Fire Chief LaGreca pointed out that the grant purchase would complete the program. The Town would benefit from the stand-alone breathing apparatus and the compressors to fill it. Because of the grant purchase,Rural Metro was able to return$20,000 to the Town. Councilwoman Nicola asked Chief LaGreca if he provided monthly activity reports to the Town Manager. Ms. Hoffman stated that the Council received a synopsis of Chief LaGreca's report every Friday. Chief LaGreca said the statistical data regarding runs and the acceptation report were compiled monthly. He noted that those reports were not given to Ms. Hoffman yet but were available upon request. He reviewed the types of reports that were available. Councilwoman Nicola asked to review the comprehensive reports. Mayor Beydler echoed the request. Ms. Hoffman said she would take care of that. The motion CARRIED unanimously. AGENDA ITEM#18- DISCUSSION OF AN ETHICS POLICY FOR THE TOWN OF FOUNTAIN HILLS WITH '")SSIBLE DIRECTION TO STAFF TO DRAFT A DOCUMENT FOR COUNCIL CONSIDERATION. Nowntinued to the September 5,2002 Town Council meeting. AGENDA ITEM#19- CALL TO THE PUBLIC AND ADJOURNMENT. Dennis Contino He stated he had brought two demo tapes so that the Council could view the quality. He clarified their qualifications as being legal within the FCC rules. He stated that the tape for the Channel 11 broadcast would continue. The meeting would be broadcast live on 1620 AM radio and would be aired on KFHX website as a video file for those who had Internet access. He stated that there would be live feed to the Internet site if the Town desired. Mr. Contino said that he would need access to the Town's audio system and he could work with the Town. The system would be operated by one of his crew and a town representative could assist if desired. He listed what he would need: a platform for the camera with placement determined by KFHX, access to the data line (T 1), notification of all meeting times at least 48 hours prior to the meeting, a copy of the latest agenda if available, and access to the electrical outlets. He stated the benefits to the Town: live AM broadcast to residents,Internet broadcast, and an Internet video on the website after the meeting. Bob Travis, Chinook Plaza He noted that the service provided by the Building Safety Department was deteriorating. He asked that this situation be looked into. Vice Mayor Fraverd MOVED to adjourn the meeting and Councilwoman Nicola SECONDED the motion,which CARRIED unanimously. Mayor Beydler adjourned the meeting 10:00 p.m. Town Council Meeting Minutes of 8-1-02 Page 12 of 13 TOWN OF FOUNTAIN HILLS Jon Beydle Mayor ATTEST: AMA..... C.4 Cassie B. Hansen, _ Director of Administration/Town Clerk l� PREPARED BY: / �1 /�Jt) i 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 1st day of August, 2002. I further certify that the meeting was duly called and that a quorum was present. - .tTED this 15th day of August 2002. Cassie B. Hansen,Director of Administration/Town Clerk Town Council Meeting Minutes of 8-1-02 Page 13 of 13