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HomeMy WebLinkAbout2002.0815.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL August 15 f 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,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 MEDIATION AND APPEAL IN HOFFMAN/ROBINSON/KNAPP VS.TOWN,ET AL.; Vice Mayor Fraverd MOVED to convene the executive session and Councilwoman Ralphe SECONDED the motion. The motion CARRIED unanimously. Mayor Beydler recessed the executive session at 6:25 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 Nicola,roll call was taken: ROLL 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. Mayor Beydler read the consent agenda as follows: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JULY 29 AND AUGUST 1,6 AND 9,2002. AGENDA ITEM #2 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR "LA STRADA CONDOMINIUMS" A SUBDIVISION OF LOT 1, TOKPELA FINAL PLAT. CASE NUMBER S2002-19. AGENDA ITEM #3 - CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR "THE LA MONTANA CONDOMINIUMS", A 15-UNIT MULTIPLE FAMILY PROJECT LOCATED AT 16734 LA MONTANA DRIVE,AKA PLAT 102,BLOCK 3,LOT 9A, CASE NUMBER S2002-23. AGENDA ITEM #4 - CONSIDERATION OF ORDINANCE 02-11, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE COTTONWOODS MAINTENANCE DISTRICT SUBJECT TO TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR MAINTENANCE OF CERTAIN PEDESTRIAN AREAS, PARKING AND PARKWAYS, ALL FOR THE FISCAL YEAR ENDING THE 3011" DAY OF JUNE,2003. AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2002-32 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN A PORTION OF THE EXISTING 8' ELECTRIC EASEMENT, THE 20' EFFLUENT LINE EASEMENT, AND A 25' WIDE PUBLIC UTILITY AND DRAINAGE EASEMENT WITHIN THE FOUR PEAKS PLAZA PLAT BOUNDARY AS RECORDED BOOK 568 OF MAPS,PAGE 39 RECORDS OF MARICOPA COUNTY,ARIZONA EA2002-16. Town Council Meeting Minutes-August 15,2002 Page 1 of 12 AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2002-33 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE SOUTHERLY AND EASTERLY PROPERTY LINES OF LOT 23, ikoly BLOCK 4, PLAT 431 (15219 N. WILEY DRIVE) AS RECORDED IN BOOK 151 OF MAPS, PAGE 43 RECORDS OF MARICOPA COUNTY, ARIZONA - EA2002-14. MICHAEL AND MARILYN GRUDIER AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 2002-34 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHEAST AND NORTHWEST PROPERTY LINES OF LOT 36, BLOCK 1, PLAT 505D (16673 N. BOXCAR DRIVE) AS RECORDED IN BOOK 158 OF MAPS, PAGE 41 RECORDS OF MARICOPA COUNTY,ARIZONA - EA2002-15.TED AND DEBRA DONATONI AGENDA ITEM #8 - CONSIDERATION OF ACCEPTING THE RECOMMENDATION OF THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVATION COMMISSION TO ACCEPT THE PROPOSAL FOR THE TRAILHEAD DESIGN AND LANDSCAPE PLAN SUBMITTED BY PREMIER ENGINEERING AND COMPLETE A CONTRACT FOR AN AMOUNT NOT TO EXCEED $15,000.00 FOR FISCAL YEAR 2002-03. Councilman Archambault MOVED to approve the consent agenda (Items 1-8) and Councilwoman Ralphe SECONDED the motion. The motion CARRIED unanimously AGENDA ITEM #9 - UPDATE BY COUNCILMAN RICK MELENDEZ ON THE NORTH EAST ADVOCACY CENTER LOCATED IN SCOTTSDALE. Councilman Melendez gave a status report on the Scottsdale North East Advocacy Center. He explained who would benefit from their services and described the services that the center offered. He provided a visual display of the facilities and its floor plan. AGENDA ITEM#10 - DISCUSSION AND POSSIBLE ACTION ON A MOTION TO AUTHORIZE THE APPEAL OF A PORTION OF THE RULING IN THE CASE KNOWN AS KNAPP V. TOWN OF FOUNTAIN HILLS. AGENDA ITEM#11 -DISCUSSION WITH POSSIBLE ACTION REGARDING MEDIATION. AGENDA ITEM #12 - DISCUSSION AND POSSIB L ACTION OAT A COUNCI CONSTITUENT . DISCUSSION AND POSSIBLE ACTION ON A MOTION TO HIRE A SETTLEMENT ATTORNEY FOR THE PURPOSES OF REVIEWING A PROPOSED SETTLEMENT AGREEMENT INVOLVING HOFFMAN/ROBINSON/KNAPP V. TOWN OF FH. Councilman Melendez stated that during the executive session he had requested that the town attorney move forward with developing information for the possibility of interviewing the settlement attorney. He directed the town attorney to report back to the Council on September 5th with all elements of a proposed agreement and issues regarding the Knapp case. He stated he wanted to know what the Council's options were. Councilman Melendez MOVED to continue agenda items 10, 11, and 12 to the September 5, 2002 Town Council meeting with direction as noted and Councilman Archambault SECONDED the motion. Michael Fleck, 14018 Viento Court He concurred with this action. The motion CARRIED unanimously. AGENDA ITEM #13 — DISCUSSION AND POSSIBLE ACTION ON A COUNCIL CONSTITUENT SERVICES BUDGET LINE ITEM. Councilman Melendez commented that the best way to keep public officials accountable was by communicating directly with council members on a regular basis and for the public to express points of view on issues but not through angry and bitter letters to the editor or attacking editorials by council members. He viewed those as non- productive and divisive actions for the community. He asked the public and the Council to come together. :tncilman Melendez stated that if the public did not like what elected officials were doing, the public could vote out of office in 2004. He asked the public to give them a chance. He noted that at the last council meeting the Town Council Meeting Minutes-August 15,2002 Page 2 of 12 issue of reimbursement of expenses for council members expenses died because of a 3 — 3 vote. He proposed this was a matter of principle. He explained he represented the public with various groups, as did the Mayor. He felt their work was a little different from the rest of the Council since he and the Mayor were more actively involved on a regular basis. Councilman Melendez asked for a discussion of reasonable reimbursement for council members for such items as mileage and phone expenses. Councilman Melendez MOVED that appropriate expense reimbursement be allocated to the Council. Councilman Kavanagh responded that if the Council was going to be appropriating money that an amount must be stated. Councilman Melendez accepted a friendly AMENDMENT from Councilman Archambault for the amount not to exceed $2,500. Councilwoman Ralphe asked what expenses would be reimbursed. Councilman Melendez observed that a review of expenses for the former council over the last four years revealed they were reimbursed for mileage and travel. He felt that the $2,500 amount was appropriate. Councilwoman Ralphe agreed this was a matter of principle but was also a matter of money. She pointed out that the original motion to cut this expense had been hers. She acknowledged that staff responded by making cuts in their departmental budgets and she hoped this was a one time cut. She did not want the Council to spend money in categories that staff was not spending. She expressed reservations about this motion. She asked for a comparison to monies contained in the staffs budget for these same types of things. Councilman Archambault said he understood that Councilman Melendez and Mayor Beydler were asking for reasonable reimbursement for expenses incurred while representing the Town of Fountain Hills. If staff were to travel to various meetings, they would be paid an hourly wage whereas the Council was paid their monthly stipend. Mayor Beydler listed various items for which the previous Council had been reimbursed, which had totaled$2,390.21 last year. Therefore, he felt that$2,500 was a reasonable amount. Councilman Kavanagh said this amount was much more reasonable than the last request. He pointed out that the $2,500 equated to approximately $30 per council member per month, which could probably be used for mileage alone. He said he could support this with certain amendments. Councilman Kavanagh AMENDED the motion to evenly divide the $2,500 between the seven council members so that each had an approximate budget of$356 with stipulations. It would have to be used for actual expenses. Funds could be used pay for long distance charges on the home phone. If applied towards a cell phone, it could not be used to purchase basic cell phone service but could be used to pay for an upgrade to their cell service. The amendment DIED due to the lack of a second. Michael Fleck He asked the Council to fund the expense for$2,500. Dale Noss,14063 Fairlyn He felt this was an inappropriate request at this time. Director Hansen pointed out that there wasn't a second made to the main motion. Councilwoman Nicola SECONDED the motion. Director Hansen asked the Council to include in the main motion the request that the funding be transferred from the town manager's contingency fund. Mayor Beydler asked if that friendly amendment was acceptable to the Council and the Council agreed. Councilwoman Nicola made a friendly AMENDMENT to restrict the amount reimbursed for food and entertainment expenses to $20 per person. Councilman Melendez agreed to add the friendly amendment to his motion. Councilwoman Ralphe AMENDED the motion to divide the $2,500 with 1/3 for the Mayor and the other 2/3's divided equally among the six other council members. Councilwoman Nicola SECONDED the amendment. The amendment CARRIED on a vote of 6— 1. Councilman Archambault cast the nay vote. Vice Mayor Fraverd acknowledged that she would not be supporting the motion. She explained that when she was elected two years ago, the Council raised the Mayor's and the Council's stipend. She noted that the stipend was meant to cover their expenses. She expressed that the stipend allowed the residents to know what the Council was making and allowed the Council to use the funds to benefit the Town as they individually saw fit. Vice Mayor Fraverd confirmed she would stand by that. She acknowledged that some of the Council did put in time but that was their choice. She stated the stipend was all the reimbursement that the Council needed. Town Council Meeting Minutes-August 15,2002 Page 3 of 12 Councilwoman Ralphe said she had suggested the amendment to improve the motion but she would not support the main motion. She felt the Council should lead in this issue. Councilman Archambault reiterated that it was imperative that Fountain Hills be represented by the Council. He did not think it was unreasonable to request reimbursement for small expenses. He stated he would be supporting this motion. Councilman Melendez restated his reasoning for supporting this motion. Councilman Kavanagh agreed this was a more reasonable amount but would have supported the motion had there been more controls put in place. Councilwoman Nicola reviewed past expenditures that had been made by the Council: Fiscal year 1999-2000 (Community Outreach Programs) $11,000 budgeted - $8,155.64 was spent, 2000-2001 (Community Outreach Programs) $1,000 budgeted - $300 was spent, and 1991-2002 (Community Outreach Programs) $500 budgeted - $0 was spent. She commented those figures did not match with early information but it was apparent that there wasn't any abuse going on. She said she would support the motion. Councilman Kavanagh noted that this was a lean year whereas in the past there had been money available therefore the statistics were different. He questioned whether or not the Council should only allocate $300 this year since that was what was spent last year. Rocky Dziepak, 16316 E.Jacklin Dr. He asked that the Council put their personalities aside and move forward with running the Town. He supported the motion. Mayor Beydler observed that of the $2390 spent last year 80%+ was attributed to the Mayor's office. He expressed concern with being allotted only 1/3 of this fund because it appeared that the office of the Mayor incurred most the expense last year. He said he was willing to take what he could get and move forward. A roll call vote was taken on the amended motion with the following results: Councilman Melendez Aye Councilman Archambault Aye Councilwoman Ralphe Nay Councilwoman Nicola Aye Vice Mayor Fraverd Nay - Councilman Kavanagh Nay Mayor Beydler Aye The amended motion CARRIED on a vote of 4 -3. AGENDA ITEM #14 - UPDATE REGARDING THE PRINTING OF THE COMPASS PUBLICATION, WITH POSSIBLE DIRECTION TO STAFF ON IMPLEMENTING COST REDUCTION MEASURES. (THIS ITEM WAS CONTINUED FROM THE 8/1/02 COUNCIL MEETING.) Parks and Recreation Director Mark Mayer reminded the Council of their direction to staff to look for further cost reductions with regard to the printing of the Compass and Just For Teens Newsletter. He reviewed his staff report and explained various printing options that had been researched. Director Mayer recommended Option#4 in the amount of $33,593.89. This would result in an approximate savings of $11,500 for the publishing of the Compass. He remarked that there would be an approximate savings of $3,200 because the Just for Teens Newsletter would be published in-house. Therefore,the total savings would be approximately $14,800. Councilman Kavanagh MOVED to accept staffs recommendation and Councilwoman Ralphe SECONDED the motion. The motion CARRIED unanimously AGENDA ITEM #15 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 9-LOT, 11.104± ACRE, SIERRA MADRE ESTATES, PHASE I, LOCATED ALONG THE NORTHWEST SIDE OF SIERRA MADRE DRIVE, SOUTHWEST OF GOLDEN EAGLE BOULEVARD, CASE NUMBER —4)01-16. Town Council Meeting Minutes-August 15,2002 Page 4 of 12 Senior Planner Dana Burkhardt reviewed that this had been continued from the July 2,2002,council meeting. He acknowledged that the Council's direction to staff had been to: 1. Request an independent traffic study prepared on the Town's behalf addressing traffic and site line concerns. 2. Request traffic speed enforcement and a report prepared by the Maricopa County Sheriffs Office. 3. Request Sanitary District requirements for the proposed sewer pump lift station as regulated by the ADEQ and other governmental agencies. 4. Clarification of the future trail plan as specified on the General Plan adopted June 20. 5. Request that the developer or their representative provide their written position on wash development issues. 6. Request Public Works provide landscape maintenance of the vehicular site lines within the proposed project's property frontage. Senior Planner Burkhardt noted that the reports from the independent traffic engineer and the traffic enforcement study by the Maricopa County Sheriffs Office had been completed and distributed to the Council (items 1 & 2). Director of the Sanitary District Ron Huber had provided a letter with the Sanitary District's position on the lift station (item#3). Senior Planner Burkhardt confirmed that there wasn't any trail indicated on the General Plan (item#4). He expressed that the developer had agreed to all staffs stipulations with regard to wash development, which was not to have any development within a town owned wash (item #5). Regarding item #6, Town Engineer Randy Harrel had provided a memo that addressed this issue. Senior Planner Burkhardt reiterated that the Planning and Zoning Commission had recommended denial on a split vote. He restated that staff was recommending approval with stipulations that would include those submitted by Town Engineer Randy Harrel in his memorandum of 8-12-02. He introduced Pat Osborne of the Burgess and Niple who reviewed their traffic report. Mr. Osborne summarized their position that the project should have a 40 m.p.h. design speed, and if that site distance could not be achieved,then the developer should provide advance-warning signs. Councilwoman Ralphe asked if there was a way to quantify the distance that advance warning signs would provide if used to solve site line problems. Mr. Osborne said there wasn't any way to quantify that. She questioned how the Council could be sure the signs would provide safety. Councilman Archambault asked why the discussion had turned to AASHTO requirements, as the Town's requirements were more stringent. Mr. Osborne said he was only comparing the two guidelines. Councilman Archambault remarked signs were used in developments that already existed. He asked why the signs were proposed as mitigation when this development was the design stage. Mr. Osborne explained that signs were used in both instances to warn the public of a situation that exists. Councilman Kavanagh briefly outlined the three areas of concern to the Council with this project before Burgess and Niple were brought in. He listed the subdivision's deficiency areas as: • Sewer access issue • Rip rap issue • Line of site and traffic issues He noted that the Rip Rap issue had been solved and the sewer issue was down to gravity feed because the pump would not work unless the applicant decided to legally challenge the Town. That left the traffic issues and the Council had decided to hire experts to make the decision. Burgess and Niple came to the conclusion that there were site issues but they could be mitigated and Town staff somewhat agreed. He recognized that now the Council had two possible traffic solutions and they also had to decide which traffic standard to use. He felt that this had doubled the Council's confusion. Councilman Kavanagh expressed concern for the introduction of an entirely new traffic review process. He asked Town Attorney Bill Farrell if the Council could do that and, if so, where did the Council go from here with development of new subdivisions. He wanted to know what the legal ramifications would be as he saw the potential for problems. Mr. Farrell responded that in the past the Town had not relied on the national standard (AASHTO) but had relied on standards that Town Engineer Randy Harrel has developed over time and experience with Town roadways. He pointed out that there wasn't a clear-cut answer to the variety of questions that Councilman Kavanagh had raised. He expressed that the Council had some but not unlimited discretion. He noted that should the Council wish to abandon the Town's standards and adopt the AASHTO standards, he could explain the procedure to do *'at. Councilman Kavanagh asked what the repercussions would be for future development. Mr. Farrell that if a ority of the Council wanted to stand by that standard he could certainly show the Council how to do that. Town Council Meeting Minutes-August 15,2002 Page 5 of 12 Councilman Kavanagh asked if AASHTO could be applied to this subdivision. Mr. Farrell said the Council could deny or table this subdivision. The Council could also support the Town Engineer's standards and base their decision on that or request that the street be redesigned. He explained that the Council could adopt the AASHTO standards by amending the subdivision ordinance. Mr. Farrell commented that the AASHTO standard was a recognized standard used by experts in negligence cases where the road design came into question. He said although he had respect for Mr. Harrel, Mr. Harrel's standards were not a recognized standard and could be debated by both sides in a court case where the jury would decide fault at the conclusion of a trial. He acknowledged that the Council had a tough decision and suggested that they hear from the Town Engineer one more time as to why he did not use the nationally recognized AASHTO standards. Councilwoman Ralphe asked if the Council lowered their intersection standards would that increase the likelihood of accidents and the Town's liability. Mr. Farrell said he was not qualified to answer the question on the design standards but acknowledged that the less restrictive the design standard were the more likely the Town could become liable but he could not state that would cause more accidents. Mayor Beydler questioned if the AASHTO standards were more applicable to infill in urban areas like Fountain Hills and would the Council run into more situations like this. Mr. Farrell replied that there wasn't any question that current vacant land in Fountain Hills was some of the most beautiful yet difficult land to design and build upon. He acknowledged that the developers had wisely developed the less difficult areas first. Mr.Farrell agreed the Council would continue to see these types of difficult situations in the future. He suggested that Mr. Harrel and Mr. Osborne compare standards in grades 10% and above. Mr. Osborne said the AASHTO standards were site specific in determining the site distances. Councilman Archambault felt that the AASHTO standards were broad. He noted that the Fountain Hills topography was unique and that Mr. Harrel had developed the site distances because of it. He asked if AASHTO took those types of issues into account. Mr. Osborne assured Councilman Archambault that the AASHTO standards took everything into consideration. Mr. Harrel referred to the Burgess Niple report. He pointed out in the case of the 30 and 40 m.p.h. design speed the Town's standards exceed those of the AASHTO standards. He explained that the Town's standards were developed not for a "worse case" scenario but for a "bad case scenario". The Town's standards were also developed to apply to a situation where they did not have traffic speeds based upon the function, topography, and classification. He said based upon that the design, speed on the street would be 30 m.p.h. Based upon the subdivision ordinance there would be a 380 feet sight line. He explained the Town's requirements for sight line were developed for a bad case scenario using the AASHTO calculation methods. He stated that it was not an issue of using the Town's standards vs. the AASHTO standards. The issue was whether or not the Town was going to use a higher design speed than specified in the subdivision ordinance. He acknowledged that could be done because that was a minimum specified design speed. Mr. Harrel questioned whether or not the Town's sight line requirement for that higher speed should be used in conjunction with it or should the Town utilized the more specific AASHTO requirements. Councilman Archambault asked if Mr. Harrel found it acceptable to increase the speed for the site line distances but take it down to the AASHTO standards. Mr. Harrel replied he did not have a problem with doing that. Mr. Harrel pointed out for comparison purposes that the Council through development agreement with MCO required the Town to utilize the AASHTO standards for a 25 m.p.h. speed for Eagles Ridge North and Eagles Nest plat. Councilwoman Ralphe asked Mr. Harrel how he felt about the 40 m.p.h. design speed. Mr. Harrel responded he was Ok with that using the AASHTO criteria; although, he had no problem requiring the subdivision developer to do the extra grading as necessary to meet the criteria. However, if the existing roadway precludes that, he did not think the Town could prohibit the developer from utilizing some of the allowable mitigation options. Councilwoman Ralphe noted that the proposed subdivision would violate the Town's subdivision ordinance because of the line of site deficiencies. She quoted from section 3.05 of the Subdivision Ordinance. She asked Mr. Farrell if the Council was required to uphold Town Codes and Ordinances, when making their decisions. Mr. Farrell reminded the Council that the use of development agreements altered the subdivision, zoning and building codes requirements. Councilwoman Ralphe pointed out that this was not a development agreement and Mr. Farrell agreed that was correct. Town Council Meeting Minutes-August 15,2002 Page 6 of 12 Councilman Kavanagh expressed he was leaning toward utilizing the Town's requirements because they were more conservative. It was the criteria that had been used all along, and it was the criteria with which the applicant had been told they needed to comply. He did not like changing the rules in midstream. Councilman Kavanagh f asked Mr. Harrel if the applicant could meet the Town's standards with the "Harrel" stipulations. Mr. Harrel acknowledged that the applicant had met Town's standards on the plat as it currently exists for the 30 m.p.h. design speed. If the Town wished to apply a higher design speed, it would need to be stipulated and have the applicant modify the grading limits to meet that new standard. Councilman Kavanagh asked if the current standards were based upon the Town's speeds. Mr. Harrel explained that the standards in the subdivision ordinance were generic and in the AASHTO standards there were various steps factored in. Mr. Harrel pointed out that was why the Town's standards were more conservative. Councilman Kavanagh observed that was why either standard with stipulations could be used here. Mr. Harrel agreed that was correct. Councilman Kavanagh summarized that Mr. Harrel had built into his standards the fact that cars travel faster than what the design speed was. Therefore, if the Council were to use the Town's standards, the Council should stick with the 30 m.p.h. and if the Council were to use AASHTO standards,the 40 m.p.h. design speed should be used. Mr. Harrel agreed that would be fine. Mayor Beydler expressed he was confused as to whose data was the right data. He felt that the traveled speed would pretty much dictate the design speed. Mr. Harrel noted that people's speed tends to come down when there were additional obstructions such as an unmarked police car and that was what Captain Penrose discovered. He remarked that when two speed counters were used that did not bring speeds down at all. He agreed radar checks worked well to catch speeders but not to check speeds. Mayor Beydler asked Mr. Harrel if he considered the MCSO data to be usable for purposes of design speeds. Mr. Harrel reiterated that he would not use the MCSO data for the design speed. Vice Mayor Fraverd commented that the Council deviated from the subdivision ordinance quite frequently so this process was nothing new. She referred to the design speed of 30 m.p.h. for a right turn from Princess Court with a line of site at a flat 380 feet vs. the feet available it noted at 266 feet. She questioned how that met the Town's standards. Mr. Harrel referred to his review comments of the Burgess and Niple report section 2 and 3. He explained that a longer site distance was actually there. Vice Mayor Fraverd asked to hear from the applicant on the additional information that had been provided by the consultants. Bob Sternfels,attorney for the applicant He stated traffic mitigation could be accomplished through the use of various advanced warning signage and the removal of weeds and bushes. He summarized his clients' position. His clients did not agree with using the 40 m.p.h. standard. However, as a condition for the approval of the preliminary plat, his clients would accept the 40 m.p.h. speed limit. They felt that 30 m.p.h. was appropriate. Mayor Beydler called for a break at 8:30 p.m. and reconvened the regular session at 8:37 p.m. Doug Jordan, attorney for the Abramsons He restated his clients' position. He stated that 40 m.p.h. was the appropriate design speed, which would dictate the line of site required. He agreed the Council could at a later time amend the subdivision ordinance to adopt the AASHTO standards if they chose. He pointed out that the Town's subdivision ordinance did not allow mitigation by the use of signs. He concluded that the Council should apply the Town's standards and have the developer comply. Councilman Kavanagh asked Mr. Harrel, Mr. Osborne, and Mr. Farrell for clarification of the term "design speed". He felt Mr.Jordan implied that design speed was the speed at which 85% of the people drive. Mr. Harrel responded it was the speed that was determined after all issues were factored in and before the roadways were done. He noted that Sierra Madre was originally built for a design speed of 25 m.p.h. Mr. Jordan stated the new section in that area must take into account at the current road speed. Councilman Kavanagh asked what criteria was being used on which to base the line of site, actual or design speed. Mr. Harrel responded by reading from the 2001 AASHTO book. Councilman Kavanagh asked if Mr. Jordan was correct in his statement that there wasn't any mitigation of the code allowed. Mr. Harrel replied that the subdivision ordinance would allow for mitigation by signage. Town Council Meeting Minutes-August 15,2002 Page 7 of 12 Charles Maxwell, Attorney for the North Heights Homeowners Association He restated his clients' opinion that this development was part of their homeowners association. He was of the opinion that traffic speed should be used to design the roadway. He reminded the Council that in a legal case experts would use the traffic speed data compiled. If the Council approves this preliminary plat, his clients ask the Council state that they do not abdicate the removal of their monument. He asked that the Council reject the preliminary plat and send the developer back to the drawing board for a redesign. His clients believed that their safety was at stake with this proposed plan. Mayor Beydler said this was the first time that he had heard there was plan that the North Heights Homeowners would support for development in that area. He asked how many lots would they propose be developed. Mr. Maxwell replied that the proposed plan was not satisfactory and the Council should reject it. He acknowledged that if a new plan were submitted they would evaluate it and if the new plan satisfied all of the Town's ordinances, they would not object. At this point, all he could do was address the current plan's deficiencies. He stated there were specific ordinances that were not negotiable. Vice Mayor Fraverd pointed out that Mr. Harrel had stated that if the Council chose to go with the Burgess and Niple recommendations, they should do so with his stipulations, although Mr. Harrel stood by his 30 m.p.h. design speed. Councilman Archambault asked if Mr. Maxwell was suggesting that the Council go with the Burgess and Niple report with a design speed of 40 m.p.h., which Mr. Sternfels' clients said they would agree to, in conjunction with the AASHTO line of site distance. Mr.Maxwell restated that signage would not satisfy the safety issue. Councilman Kavanagh asked if there had been a staff recommendation to remove the North Heights monument. Mr. Maxwell remarked that Mr. Harrel had specifically indicated that the monument should be removed and placed on the other side of the street. Councilman Kavanagh clarified that Mr. Harrel's position was that something had to be done to make the site distance work but Mr. Harrel's formal recommendation to the Council did not include altering or moving the monument. Councilman Kavanagh recognized that the Council should not become involved in issues that were essentially between private parties. He acknowledged hypothetically that if the monument was an impediment to the line of site and the Council approved this preliminary plat with a stipulation requiring that the site line be met, he understood that the monument issue would be a private matter to be settled between the homeowners association and the landowners. Mr. Maxwell made reference to a letter from Mr.Farrell that stated the monument should be moved to other side of the street. Councilman Kavanagh questioned if the staff written recommendation did not in any way state that the monument should be moved or altered in any way, that any motion made by Council based upon staffs written recommendation would be considered neutral on this issue. Mr.Farrell responded yes. Mr. Maxwell referred to the August 12, 2002, memo written by Mr. Harrel. This memo suggested that a stipulation could be added to: Grade down the existing "berm" and fully remove and relocate the existing monument sign on the north side of the roadway, where needed for that sight distance. Councilman Kavanagh proposed that if the Council made a motion with regard to the preliminary plat they would steer clear of that monument and the two parties should work that issue out. Phyllis Kern, 158548 Centipede She felt the project would be fine and she supported the project. Mark Van Boekel, Cabrio Dr. He discussed the sewer in the wash issue. He was against approval of the preliminary plat without satisfactory resolution to wash issues. Councilman Kavanagh asked what the Sanitary District's alternative plan was. Mr. Harrel responded that was the pump station. Mr. Burkhardt referred to the letter submitted by the Sanitary District's General Manager Ron Huber. Councilman Kavanagh read staffs stipulation: The developer shall construct a sewer system in accordance with the alternative sanitary sewer plan or any other feasible design conforming to all Town ordinances and codes with approval by Town staff and the Fountain Hills Sanitary District. The request to locate sewer line in the Town owned wash parcel shall only be permitted after an affirmative vote of the Town electors required in Section 9-3-3 of the Town Code. Councilman Kavanagh felt that stipulation should meet with Mr. Town Council Meeting Minutes-August 15,2002 Page 8 of 12 Van Boekel's approval. Mr. Van Boekel asked what if the applicant challenged that in court. Mr. Farrell pointed out that the Council could not insert a stipulation stating that the applicant could not challenge the wash ordinance. Mayor Beydler remarked that the Council could not require any applicant to give up their constitutional rights. San Diego Circle resident and President of North Heights Homeowners Association She suggested a reduction in the number of lots on this plat. She asked that the Council reconsider signage as a solution to the traffic issues. Marshal Freedman, He was against using signage as traffic control. He proposed that a new plan was needed and asked that the Council reject this plan. John Resnick, Sunridge He requested that the Council reject this plan and ask that the developer come back with a plan that conforms to the ordinances. Richard Hadeson He asked that the Council do this development right. Councilman Archambault MOVED that the Council approve the preliminary plat with a design speed of 40 m.p.h. using the Town's line of site distances without the use of signage. He asked Mr. Farrell if the Council could stipulate that the monument issue be resolved before the plat could be approved. Mr. Farrell said that could be stipulated. Councilman Archambault restated his motion including that all of the line of site issues must be resolved prior to recordation. He wanted to change stipulation #2 to say that all the hillside protection area be provided on this said property. The motion DIED due to the lack of a second. Councilman Kavanagh MOVED to approve the preliminary plat subject to the stipulations in the July 2, 2002, staff report and with no statement regarding the monument. He commented that was a private issue between the parties. Vice Mayor Fraverd SECONDED the motion. Councilwoman Ralphe stated she was not convinced the wash issues were settled and reviewed her reasoning. She stated her stipulations would supersede any language that would be in conflict. Councilwoman Ralphe AMENDED the motion to add four stipulations. 1) Remove the Sanitary District's sewer from the Town owned wash in all the preliminary plat language and from the preliminary plat map,no easement provisions across this Town owned.wash for Sanitary sewer, 2) Eliminate staff stipulation#7 regarding a trail and remove the trail notation from the preliminary plat and plat map, 3) Eliminate the rip/rap from the Town owned wash on the preliminary plat and plat map, and 4) Eliminate the drainpipe on Princess Drive into the wash. Vice Mayor Fraverd SECONDED the amendment. Vice Mayor Fraverd asked the applicant to comment on Councilwoman Ralphe's amendment. Mr. Sternfels stated the applicant would agree to the stipulations. Mr. Farrell asked that Mr. Harrel comment on Councilwoman Ralphe's stipulations 3 and 4. Mr. Harrel felt they were moot at this point. Councilman Kavanagh asked should the master plan be changed someday to allow a trail and the requirements of the wash ordinance be met, would that allow a trail easement to be there. Councilwoman Ralphe agreed that the spirit was there under the ordinance. The amendment CARRIED unanimously. Councilman Archambault AMENDED the motion with regard to staff stipulation #2 by requiring that all the hillside protection area would be found on this property and Councilwoman Nicola SECONDED the amendment. Councilman Kavanagh said he was hesitant to do that for two reasons. It was a requirement that had not be imposed on anyone else and the transfer of hillside had provided the Town with additional open space. He did not think that was in the best interests of the public. Councilman Archambault stated that this hillside property would not be transferred to the Town for public use. He asked Mr. Farrell if the Town was required to accept a land transfer. Mr. Farrell agreed the Town was not required to accept the transfer. Councilman Archambault asked what would happen if the applicant had to find the hillside protection area on his property. Would that Town Council Meeting Minutes-August 15,2002 Page 9 of 12 make the property undevelopable? Mr. Burkhardt responded staff would have to look at it. Councilman Kavanagh stated that by not allowing this,the Council would jeopardize the entire process that was established to protect the hillside ordinance. They would run the risk of having the hillside ordinance challenged in court. He also felt this was creating a new set of rules for one person. Councilman Kavanagh proposed that if the council members were opposed to this development, then they should vote no and not try and throw a monkey wrench into it. Mr. Farrell commented that the process could not be so restrictive as to be perceived as a taking of property. Vice Mayor Fraverd stated that when the subdivision ordinance had been revisited four years ago, more restrictive hillside measures had been inserted and were considered an alternative process for a developer who was having a difficult time meeting the stricter hillside ordinance. She pointed out that the Town had allowed other developers to use it and she was unaware of anyone being turned down. Vice Mayor Fraverd thought it was appropriate that it be used in this instance. Therefore she was not in favor of the amendment. A roll call vote was taken on the amendment with the following results: Councilman Archambault Aye Councilwoman Ralphe Aye Councilwoman Nicola Aye Vice Mayor Fraverd Nay Mayor Beydler Nay Councilman Kavanagh Nay Councilman Melendez Nay The amendment FAILED on a vote of 4 -3. Councilwoman Ralphe reiterated that she was against the main motion. She did not feel preliminary plat met the Town's ordinances. She stated she would rather deny this application and invite the developer to resubmit a new plan. Vice Mayor Fraverd asked Mr. Harrel if the proposal with the stipulations met the Town's subdivision ordinance for the sight line based upon 30 m.p.h. Mr. Harrel responded yes. A roll call vote was taken on the amended motion with the following results: Councilman Melendez Aye Councilman Archambault Nay Councilwoman Ralphe Nay Mayor Beydler Aye Vice Mayor Fraverd Aye Councilman Kavanagh Aye Councilwoman Nicola Nay The amended motion carried on a vote of 4—3. AGENDA ITEM #16 - PUBLIC HEARING ON A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW FRY'S FOOD AND DRUG, LOCATED AT 14845 E. SHEA BOULEVARD, TO PROVIDE OUTDOOR SEATING FOR THE EXISTING DELI AND TO ALLOW A CHANGE OF STORE OPERATING HOURS TO 5:00 A.M. UNTIL 11:00 P.M. CASE NUMBER SU2002-05. Mayor Beydler recessed the regular session and opened the public hearing at 10:20 p.m. Interim Community Development Director Jesse Drake reviewed her staff report. She summarized that staff and the Planning and Zoning Commission recommended approval. Ralphe Pew,representative for Fry's He asked the Council to approve the special use permit. 10, Councilman Melendez asked if this plan fully met ADA requirements and Ms. Drake responded yes. wlayor Beydler closed the public hearing the 10:25 p.m. Town Council Meeting Minutes-August 15,2002 Page 10 of 12 AGENDA ITEM #17 - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW FRY'S FOOD AND DRUG,LOCATED AT 14845 E. SHEA BOULEVARD, TO PROVIDE OUTDOOR SEATING FOR THE EXISTING DELI AND TO ALLOW A CHANGE OF STORE OPERATING HOURS TO 5:00 A.M. UNTIL 11:00 P.M. CASE NUMBER SU2002-05. Vice Mayor Fraverd MOVED to approve the special use permit as presented. Councilman Melendez SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM#18 - PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW A WIRELESS COMMUNICATIONS FACILITY, CONSISTING OF AN EQUIPMENT STRUCTURE AND A REPLACEMENT LIGHT POLE WITH SNUG MOUNTED ANTENNAS, AT FOUNTAIN HILLS HIGH SCHOOL, LOCATED AT 16100 E. PALISADES BOULEVARD,CASE NUMBER SU2002-01. Mayor Beydler recessed the regular session and opened the public hearing at 10:27 p.m. Ms. Drake reviewed the project and the applicant's request for a special use permit. She summarized that the Planning and Zoning Commission and staff recommended approval. Mayor Beydler closed the public hearing the 10:30 p.m. AGENDA ITEM #19 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW A WIRELESS COMMUNICATIONS FACILITY, CONSISTING OF AN EQUIPMENT STRUCTURE AND A REPLACEMENT LIGHT POLE WITH SNUG MOUNTED ANTENNAS, AT FOUNTAIN HILLS HIGH SCHOOL, LOCATED AT 16100 E.PALISADES BOULEVARD, CASE NUMBER SU2002-01. Councilman Kavanagh MOVED to approve the special use permit as presented. Councilwoman Nicola SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM #20 - CONSIDERATION OF ORDINANCE 02-12, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2003. Accounting Supervisor Julie Ghetti reviewed that Council approval of Ordinance 02-12 was the final step in the budget process. This would authorize Maricopa County Finance Department to levy the appropriate property tax necessary to make the debt service payment for fiscal year 2002-03. Councilman Archambault asked if the THAT was approved annually. Ms. Ghetti responded yes. Councilwoman Ralphe MOVED to approve Ordinance 02-12 as presented. Councilman Archambault SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM #21 - CONSIDERATION TO APPROVE A CUT/FILL WAIVER FOR EAGLE MOUNTAIN PARCEL 13,LOT 33,AKA 15117 CAMELVIEW DRIVE, CASE NUMBER CFW2002-2. Mr. Burkhardt and Ms. Drake reviewed aspects of the application. Mr. Burkhardt summarized that the Planning and Zoning Commission and staff recommended approval. Councilwoman Ralphe asked if a postponement of this issue would have any benefit because of the pending text change. Ms. Drake replied no, that a delay would impact the applicant. Tony Woodrell,builder for the applicant ,, He stated that the applicant was within his rights and asked that the Council approve the application. Town Council Meeting Minutes-August 15,2002 Page 11of12 Mike Silverberg, applicant He asked that the Council approve the application. Councilman Archambault MOVED to approve the cut/fill waiver as presented. Vice Mayor Fraverd SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM#22-CALL TO THE PUBLIC AND ADJOURNMENT. No one came forward. Councilwoman Nicola MOVED to adjourn the meeting and Vice Mayor Fraverd SECONDED the motion,which CARRIED unanimously. Mayor Beydler adjourned the meeting 10:45 p.m. TOWN OF FOUNTAIN HILLS By: / Jon Beydler, Ma ATTEST: J Cassie B. Hansen, Director of Administration/Town Clerk Ly PREPARED BY: /6 .1)--' /64\j-e}C) 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 15th day of August, 2002. I further certify that the meeting was duly called and that a quorum was present. DATED this 5th day of September 2002. y Cassie B. Hansen Director of Administration/Town Clerk Town Council Meeting Minutes-August 15,2002 Page 12 of 12