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HomeMy WebLinkAbout2003.0807.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Lor AUGUST 7,2003 Mayor Nichols called the meeting to order at 6:30 p.m. Following the invocation by Pastor David Iverson,Fountain Hills Christian Church,roll call was taken. ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Councilman Archambault, Mayor Nichols, Councilwoman Stevens, Councilman Kavanagh, Councilman Melendez, Councilwoman Nicola, Vice Mayor Ralphe, Town Attorney Andrew McGuire,Town Manager Tim Pickering, Public Works Director Tom Ward, Senior Planner Dana Burkhardt, and Bevelyn Bender, Town Clerk, were also present. The Mayor reviewed the process the public would follow prior to speaking on an agenda item. CONSENT AGENDA: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 18,JUNE 24,AND JULY 1,2003. AGENDA ITEM #2 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY FRY'S FOOD & DRUG LOCATED AT 14845 E. SHEA BOULEVARD. THE APPLICATION IS FOR A NEW CLASS 9(RETAIL SALES) LICENSE. AGENDA ITEM #3 - CONSIDERATION OF SUPPORTING A PROPOSAL SPONSORED BY THE TOWN OF FOUNTAIN HILLS TO BE INCLUDED IN THE LEAGUE OF ARIZONA CITIES AND TOWNS 2004 LEGISLATIVE PROGRAM. AGENDA ITEM #4 - CONSIDERATION OF ORDINANCE 03-17 AMENDING THE TOWN CODE RELATING TO COUNCIL PROCEDURE. AGENDA ITEM #5 - CONSIDERATION OF APPROVING THE TOWN COUNCIL RULES OF PROCEDURE AND SETTING AN EFFECTIVE DATE. AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2003-41 RECOGNIZING THE FOUNTAIN HILLS TOURISM COUNCIL AS THE TOWN'S OFFICIAL TOURISM ENTITY AND DECLARING THE TOWN'S VISION OF BECOMING A FIRST CLASS TOURIST DESTINATION. AGENDA ITEM #7 - CONSIDERATION OF ACCEPTING A DONATED ART PIECE FOR PUBLIC DISPLAY AT FOUNTAIN PARK FROM THE PUBLIC ART COMMITTEE OF THE ARTS COUNCIL. Councilwoman Stevens MOVED to approve the Consent Agenda as read (Items 1 through 7) and Councilman Archambault SECONDED the motion. A roll call vote was taken with the following results: Councilwoman Stevens Aye Councilman Melendez Aye Councilman Kavanagh Aye Councilwoman Nicola Aye Mayor Nichols Aye Vice Mayor Ralphe Aye Councilman Archambault Aye The motion CARRIED UNANIMOUSLY(7 to 0). E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 1 of 17 AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 2003-43 ACCEPTING A DEVELOPMENT AGREEMENT WITH PALATIAL DEVELOPMENTS, LLC, FOR "PALATIAL ESTATES," A PROPOSED 3-ACRE, 19-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION LOCATED ON THE NORTH SIDE OF SHEA BOULEVARD, WEST OF FOUNTAIN HILLS BOULEVARD. Senior Planner Dana Burkhardt addressed the Council relative to this agenda item and stated that on August 1, 2002, the Town Council approved the Preliminary Plat for "Palatial Estates" with the stipulation that the developer and Town enter into a development agreement to permit exceptions to the Subdivision Ordinance and agree to the off-site improvements to be provided by the developer. He noted that the proposed development agreement includes all of the exceptions to the Subdivision Ordinance approved with the preliminary plat and also includes an alternative hillside preservation methodology, an entry monument and signage feature located within the Shea Boulevard right-of-way, a gated entry, and a private interior roadway. Mr. Burkhardt stated that the developer, after further review, had requested some modifications to the preliminary plat. He explained that the modifications included extending the Palatial Drive cul-de-sac to the east by approximately 250 lineal feet to accommodate wider lot frontages. He added that the developer proposed the same amount of lots (19) as approved with the preliminary plat, but had reconfigured Lot 4 to the west of Palatial Drive, provided cul-de-sac to service Lots 1 thru 4, and widened the majority of the lot frontages to permit the development of larger homes. Mr. Burkhardt also discussed alternative proposed hillside methodology and protection easements and referred to slides displayed in the Council Chambers. He noted that in accordance with the agreement, the developer would provide a net hillside disturbance area for each lot on the final plat. He added that at the time of building permit, the property owner would provide a slope analysis identifying all slopes less than 10%, and then showed a disturbance boundary that did not exceed the allotted hillside disturbance area for that lot. He said that prior to building permit issuance, the property owner would provide the Town with a grant of hillside protection easement over all undisturbed areas of the lot. Additional discussion ensued relative to the two design changes the developer had requested from the preliminary plat, (1) to lengthen the Palatial Drive cul-de-sac by approximately 250 feet to accommodate the expanded lot frontages, and (2) to provide a second short cul-de-sac to service lots 1 thru 3 and possibly 4; the fact that Staff did not have any issues with extending the Palatial Drive cu-de-sac by the requested 250 feet and fire hydrant locations and other utilities in the roadway would be revised with the Final Plat; the fact that Staff believed that the second cul-de-sac bulb was a superior design to the common access driveway approved with the preliminary plat, and the fact that the cul-de-sac provided the area to meet the minimum required frontage widths of the zoning districts in which the lots were located. Mr. Burkhardt also discussed proposed Shea Boulevard improvements and noted that the developer had agreed to provide all Shea Boulevard improvements as discussed and stipulated by the Town Council with the preliminary plat. He added that the developer had requested that the Town agree to permit the development of an entry feature within the Shea Boulevard right-of-way due to the expansive setback from the Shea curb to the property line. He explained that the entry feature consisted of 3.5-foot maximum height landscaped walls with berming and extraordinary landscaping along with a subdivision identification sign mounted on the walls, illuminated with low voltage landscape lighting. He said that in addition, the developer had requested that Palatial Drive be owned and maintained privately and secured by a gated entrance. Additional discussion ensued relative to the slope analysis and how Staff believed it related to the existing subdivision hillside protection requirements; various slope ranges and what was allowable in the Town of L Fountain Hills; the fact that the hillside preservation ordinance exempted the disturbance necessary for roadway construction and public utility disturbance necessary to service other projects, but the remaining areas must be preserved with a Hillside Protection Easement and specific proposed disturbance E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 2 of 17 allocations for specific lots as highlighted and explained by Staffs power point presentation and the fact that the average size of each lot was approximately one acre. Mr. Burkhardt informed the members of the Council that Staff believed that the landscaped entry feature might enhance the Shea Boulevard corridor and had no objection to this request. He added that Staff believed that a gated entry would be appropriate for this project to provide additional security to the Chaparral City Water Company and Central Arizona Project treatment facility accessed from Palatial Drive, as well as provide a sense of security for the residences. He noted that due to the property location and exposure to the highly traveled Shea Boulevard, Staff believed that a gated entry would be appropriate. Mr. Burkhardt stated that Staff recommended approval of Resolution No. 2003-43, the Development Agreement for "Palatial Estates" preliminary plat. Mayor Nichols thanked Mr. Burkhardt for his presentation. In response to a request for clarification from Councilman Archambault relative to the extent that lots might be disturbed, Mr. Burkhardt expanded upon previous statements he made and addressed concerns regarding this issue. He reiterated that Staff supported what was being presented as part of the calculations. He confirmed that if the disturbance to the entire parcel was completely maximized, the total disturbance on the whole property would be approximately 437,000 square feet. Mr. Burkhardt also commented on the importance of the developer maintaining all 19 attractive lots with minimum disturbance for marketing and aesthetic purposes. Additional discussion ensued relative to the importance of evenly distributing the disturbance areas throughout the site for maximum appeal and protection and the fact that on the Final Plat, the Town would require that a notation be made indicating the total lot area and the total allowable disturbance area for each of the individual lots. He added that a large notation would also be included below that which stated that the disturbable area included all utility construction, and all disturbance necessary to construct a single-family residence (driveway, any grading, etc.) He confirmed that this was basically the disclosure statement that would be given to the purchasers of the various lots so they were well aware of all of this information up front. In response to a question from the Mayor, Town Clerk Bev Bender stated that no one had requested to speak on this item. Councilman Kavanagh MOVED and Councilwoman Nicola SECONDED a motion to approve Resolution 2003-43, accepting a Development Agreement with Palatial Developments,LLC, for"Palatial Estates."The MOTION CARRIED UNANIMOUSLY (7 to 0). AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 2003-31 DECLARING AS PUBLIC RECORDS DOCUMENTS RELATING TO THE BUILDING CODE, MECHANICAL CODE, ELECTRICAL CODE, SWIMMING POOL, SPA AND HOT TUB CODE, CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, ENERGY CONSERVATION CODE, FIRE CODE, FOUNTAIN HILLS AMENDMENTS TO THE FIRE CODE, RESIDENTIAL CODE, ADMINISTRATIVE CODE AND FUEL GAS CODE. Public Works Director Tom Ward addressed the members of the Council relative to this important agenda item. Mr. Ward explained that the proposed text amendment updated Ordinance 96-38 and would recognize the most current editions of the International Building Codes, as listed above under Agenda Item#9, as a public document. He added that the following agenda item also related to this issue and the adoption of an ordinance. Ler Mr. Ward stated that it was not his intention this evening to provide an in-depth presentation on the various codes and discussed the extensive work that had been expended by Staff, including Legal Counsel, and time that had been spent with the Homebuilders' Association and different organizations to E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 3 of 17 make sure that they were aware of these codes and were in agreement. He added that it was also Staff s intention to give them some time to make necessary changes. He said that the Town's Building Official, Peter Johnson, was here this evening and willing to respond to any questions from the members of the Council regarding these items. In response to a question from Councilman Kavanagh, Town Manager Tim Pickering stated that each year the International Building Codes were updated and typically, as they were updated, the various communities adopted them. He explained that the Town of Fountain Hills had fallen behind in this area and was now at the "nine year mark." He stressed the importance of updating all of these codes that should have been updated on an annual basis and then continuing to remain current in this very important area. He added that adoption of the proposed resolution and following ordinance would allow the Town to "catch up" to the newest codes and commented on the excessive amount of construction and growth that the Town had and would continue to experience. Mr. Pickering also reported that this did adjust the building permit fees to some extent, not a large amount,but adjustments would be made to upgrade to more current standards. Councilwoman Nicola expressed the opinion that this had been a long time in coming and thanked Staff, particularly Tom Ward and Peter, for their hard work and efforts in this important area. Ms. Bender stated that there were no citizens present wishing to speak on this item. Councilman Archambault MOVED and Vice Mayor Ralphe SECONDED a motion to approve Resolution 2003-31. MOTION CARRIED UNANIMOUSLY (7 to 0). AGENDA ITEM #10 - CONSIDERATION OF ORDINANCE 03-12 ADOPTING BY REFERENCE DOCUMENTS RELATING TO THE BUILDING CODE, MECHANICAL CODE, ELECTRICAL CODE, SWIMMING POOL, SPA AND HOT TUB CODE, CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, ENERGY CONSERVATION CODE, FIRE CODE, FOUNTAIN HILLS AMENDMENTS TO THE FIRE CODE, RESIDENTIAL CODE, ADMINISTRATIVE CODE AND FUEL GAS CODE, AMENDING THE TOWN CODE CODIFYING SAME AND SETTING AN EFFECTIVE DATE. Discussion took place under Agenda Item #9 above. There was no additional Staff report on this item. The proposed text amendment updates Ordinance 96-38 and would recognize the most current editions of the International Building Codes. In response to a question from Councilwoman Stevens, Mr. Ward confirmed that the Codes would become effective February 7`h. Councilwoman Stevens said that she wanted to clarify exactly when the six-month period went into effect and added that February 6th would be the "drop dead date." Mr. Ward noted that a majority of the Town's neighboring communities had already adopted the International Building Codes, including Maricopa County, Cave Creek and Carefree. He emphasized that the goal was to bring uniformity into the building community. Mayor Nichols added that the six-month period provided people an opportunity to adjust to and become familiar with the new codes and was meant to help rather than to hinder. In response to a question from the Mayor, Mr. Ward stated that based on all of the research the Town had performed, the six-month period of time appeared both adequate and appropriate. Councilwoman Nicola MOVED and Councilwoman Stevens SECONDED a motion to approve Ordinance 03-12. MOTION CARRIED UNANIMOUSLY (7 to 0). AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 2003-42 APPROVING THE FORMATION OF THE TOWN OF FOUNTAIN HILLS ADHOC COMMITTEE ON STATE LAND. E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 4 of 17 Mr. Pickering said that as the Council might be aware, there was approximately 1280 acres just to the east of the Town that was unincorporated but owned by the State of Arizona. He noted that the land was in a trust and it was the requirement of the State of Arizona to sell the property and use the funds for our Lor schools. He added that they were required by law to get the most out of the land that they possibly could, the land could not simply be declared a park and not receive any return value. Mr. Pickering explained that the reason behind suggesting the formation of the Adhoc Committee on State Land was that a deadline existed that the Town must meet in order to qualify. He noted that on October 27, 1998, approximately five years ago, the State Land Commission issued a reclassification of the State land, north of Fountain Hills, and made it suitable for conservation purposes. He added, however, that on that same day, a five-year withdrawal order went into effect, which meant that after the five years, if the Town, Fort McDowell, or McDowell Park Association did not move forward to preserve and/or purchase the land, declaring it preserved or open space, then a withdrawal order could be issued. He said that the land could be sold at that point although it did not necessarily mean that it would be sold. He emphasized that the State then had the ability to sell it. Mr. Pickering stated that conversations with the State have revealed that this was not something that would happen overnight if the withdrawal order were issued. He noted that current Vice Mayor and former Councilwoman Ralphe suggested back then that the Town perform due diligence and form an Ad Committee to look into this issue and that was what was before the members of the Council this evening. He advised that the proposed resolution would dictate the duties the members of that Committee would carry out and would look at what space could be used for open space. He added that the Committee, ultimately realizing that the land would be developed, would ensure the proper development of that land. He added that the Committee would also be charged with looking at the pros and cons of annexation in the Town if they should decide to travel along that path, and would also identify areas for park land. Mr. Pickering stated that Staff recommended that the Council approve the proposed Resolution and the formation of the Town of Fountain Hills Ad Hoc Committee on State Land. He indicated Staff s Nlior intention to work with the Ad Hoc Committee as soon as possible and would try to work with the State to determine all of the factors that must be taken into consideration before the Town ultimately requested from the State in a letter, either to have the land withdrawn from the preservation status or continue it in a preservation status. Mayor Nichols thanked Mr. Pickering for his overview and asked if there were any speakers wishing to present input at this time. Ms. Bender said that Mr. Edwin Kehe had submitted a request and the Mayor asked him to come forward at this time. Edwin Kehe, 16620 North Agate Knoll Place, Fountain Hills, stated that whatever the different members' personal opinions were regarding the State Trust Land that was contiguous to the community, everyone must certainly recognize that its ultimate fate had the potential for significant impact on the entire community. He said that a number of those issues included density, infrastructure, schools, fire services, police, sanitation, water, and the environment. He stated that it was good that "before the final bell rang" the Town was choosing to face the issue "head on." Mr. Kehe said that the opportunity still existed to develop a vision for the parcel as it related to this community and to define and evaluate the alternatives, but emphasized the importance of avoiding any delays. He said that he supported the formation of the Committee as proposed to advise the Council on this important endeavor and to do so with dispatch. The Mayor thanked Mr. Kehe for his remarks. There were no other speakers indicating their desire to speak and the Mayor asked for input or a motion from the members of the Council. Vice Mayor Ralphe said that she would like the Council to approve the Resolution and said that to do so meant assuming a "pro-active" attitude toward it and said that if they did not do that, they could easily be accused, and rightly so, of "leadership by default." She stressed the importance of addressing and studying this issue. E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 5 of 17 Vice Mayor Ralphe MOVED that the Council approve Resolution 2003-42 with two additional "housekeeping changes(amendments):" The Vice Mayor stated that the item currently read a "seven member Committee"and said she would like to amend that to read "up to a nine member Committee." She said that the other amendment involved the words "appointed by the Town Council" and stated that she would like to strike that because the striking out of those words would allow the Town to move quickly toward getting this Committee in place through the efforts of the Mayor, the Town Manager, the Town Attorney, and so on. She expressed the opinion that if they took the time to go through a Council appointment process, and everything associated with that (advertising for applicants, interviews, etc.) too much time would be spent and "the clock was ticking" and the chance existed that the clock would tick too fast and they would not accomplish their goals. Councilman Archambault SECONDED the motion, including the two amendments. In response to a question from Councilman Kavanagh as to the process that would be followed to appoint members to the Committee,Mr. Pickering stated that they would have to request that individuals,through the media, forward their letters of interest or desire to serve on this Committee. He commented on the fact that the Mayor had already received e-mails indicating interest in serving. He added that a fairly short cut off date would have to be set (a week or two) and once the letters had been received, membership decisions would have to be made and they would then move forward. Mr. Pickering suggested that either the Town Clerk, the Town Attorney, and the Town Manager make the appointments or they could have a three-member Committee made up of the Mayor and two Councilmembers. He said whatever the Council decided upon would be put into action. Councilman Kavanagh said that for the purposes of discussion he would then like to offer an AMENDMENT and added that he would also support the Vice Mayor's suggestion of "up to nine members" because he would like to see a balanced Committee, composed of three people from the preservation community and perhaps the McDowell Mountain Preservation Commission could appoint them. He added that he would also like to see three people from the business/developer community, maybe one from the Chamber of Commerce, selected by them, maybe one large developer and one representative of licensed contractors. He noted that this would result in three preservation and three development members. He said he would also like to see one person appointed by the School Board, because perhaps the biggest impact will be on the School District and it was important for them to be part of this "loop." He stated that he would also like to see one member appointed by the Sanitary District, which would result in a total of eight and would conform. He said they would ask the licensed contractors to pick a builder and the only person the Council would select would be a developer. He expressed the opinion that this would represent an eight-member balanced Committee. Councilwoman Nicola asked if she could offer a "friendly amendment" to Councilman Kavanagh's "friendly amendment." The Mayor asked for a second to the first amendment first. Councilwoman Nicola SECONDED the amendment for discussion purposes. Councilwoman Nicola asked whether the selection of the final person (the developer representative)could just be left up to the Mayor, the Town Manager, and the Town Clerk and Councilman Kavanagh agreed with this suggestion. Councilwoman Nicola reiterated her SECOND to the amended motion. Councilman Melendez said that he had a point of clarification. They had a motion that was amended by the Vice Mayor and then another amendment was offered by Councilman Kavanagh and then a "friendly E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 6 of 17 amendment" by Councilwoman Nicola with the amendment to the original motion with the amendment. He questioned what they were voting on at this time. Lir Councilman Kavanagh said that they were voting for this motion with the inclusion of the up to nine members with the members to be composed of three people from the preservation community, selected by the McDowell Mountain Preservation Commission, a school board member appointed by the School Board, a Sanitary District representative appointed by the Sanitary District, a builder appointed by licensed contractors, the Town Manager would pick a developer and a business representative would be appointed by the Chamber of Commerce. Councilwoman Stevens stated that she agreed with Councilman Melendez and would like to make an amendment to Councilman Kavanagh's amendment. She said that everyone was getting confused and asked how they could best proceed. Town Attorney Andrew McGuire said he believed that if Councilwoman Nicola's friendly amendment was just actually that and accepted as part of Councilman Kavanagh's original amendment, which was then seconded by the person who made the friendly amendment, that was the amendment in front of them right now and that was what needed to be discussed and voted upon. Councilwoman Stevens commented on the fact that other partners existed regarding the State land that were not being talked about, namely the McDowell Park Association and Fort McDowell and she said that she believed they should at least invite those groups to be a part of this. Councilman Kavanagh said that he would WITHDRAW HIS AMENDMENT and if Councilwoman Nicola would withdraw her second, he would remake his amendment. Councilwoman Nicola AGREED TO WITHDRAW HER SECOND. Councilwoman Stevens said that in re-making the motion,perhaps Councilman Kavanagh would consider an environmental/preservation member from the McDowell Park Association rather than the McDowell Mountain Commission. Councilman Kavanagh said he would be willing to defer on that issue. Discussion ensued relative to the fact that the motion was now "off the table"and the Council would start all over. In response to a request from the Mayor, Vice Mayor Ralphe said that it would seem if they asked various groups in the community to name members to the appointed Ad Hoc Committee, they were giving away some power that perhaps they should not be giving away. She stated that she would still like to see the makeup of the Committee come out of the Town, perhaps not just as written here (Mayor, Town Manager, Town Clerk, Town Attorney), maybe there might be some changes in that area. She said that the Town Manager had suggested that a couple of Councilmembers be involved in that process also. She said she thought she owed it to the citizens to get a "good grip on this issue" and they should keep the management and the direction under the "town umbrella." She added that obviously they wanted to ask various people and groups in the community to help them, but she believed it was in their best interest to keep it a"Town-formulated group." Vice Mayor Ralphe MOVED to adopt, amending the resolution to provide for up to nine members and also providing that rather than appointed by the Council, that the Committee be formed by the Mayor, the Town Manager, the Town Clerk, the Town Attorney and one additional Councilmember. Councilman Archambault SECONDED the motion. In response to a request for clarification from Mr. McGuire, Vice Mayor Ralphe said that she had not WITHDRAWN THE ORIGINAL MOTION but did so at this time and made it"retroactive." Councilman Archambault said that he echoed the Vice Mayor's comments relative to drawing from the public and added he was certain that the McDowell Mountain Preservation group would come forward E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 7 of 17 with some candidates and they would get candidates from the builders' organization and so on. He said he did not want to exclude anybody, did not want to narrow it down to one person and then seven or eight people were fighting for the slot. He said if everyone had a fair chance to apply, then everyone had a fair chance to be on the Committee. Councilman Melendez agreed with changing the membership from seven to nine members but said that he did not see anything wrong with having the members appointed by the Council. Mr. McGuire noted that Section 2 of the resolution containd the "boilerplate" language that was used to allow the Council to give the Mayor, the Manager, and Staff direction to carry out what had to be done to implement the resolution. He said it was not meant to say, "this is the group that is meant to appoint"and they could make a change to Section 1 and Section 2 would remain the same so that the resolution could be carried out. Councilman Kavanagh said that the motion was made that way, to basically move the appointment power down to Section 2. Discussion ensued relative to the importance of shortening the administrative time needed to form the Committee and the extensive work that must be done. Councilman Kavanagh said that he did not see why it would take more time and said they could simply post the meeting and then hold one and make the decisions. He stated the opinion that if only one Councilmember was involved in the appointment, it was no longer a Town Committee, it was a Staff Committee and they lost the legitimacy of being appointed by elected officials. He stated that he never heard of appointing a Committee that the Council did not have any say in. Councilwoman Stevens said that she could see both sides of the issue and if they got 20 applicants, did they really want to interview 20 applicants for a two-month charge. She added that although she believed the duties would be time consuming, she did not think it would be terribly complicated to determine what their "charge" was. She said she would feel comfortable turning over Councilman Kavanagh's revised combination and all the comments made here this evening about who should be appointed to the Town Manager and let him select people from among the applicants who were interested in being on the Committee. Mr. Pickering asked for assistance from the Mayor relative to this issue and Councilwoman Stevens said that would be fine. She wouldn't have a problem with the Mayor and the Manager doing that either. Mr. Pickering said that as long as the criteria was provided as to the membership that was needed, the job could be carried out. Councilwoman Nicola emphasized the importance of forming a balanced Committee and stated the opinion that the Town Manager and the Mayor could accomplish this within the matter of a few weeks. She added that she believed media contact was important as well. Councilman Kavanagh AMENDED HIS MOTION to state that the composition would be two representatives from the McDowell Mountain Preservation Commission, one representative from the McDowell Park Association, one Chamber of Commerce representative, one School District representative, one Sanitary District representative, one Licensed Contractor Association representative, one Developer representative selected by the Manager in conjunction with the Mayor and one representative from the Fort McDowell Indian Community. Councilwoman Stevens SECONDED the motion. Councilwoman Stevens said that although she seconded the motion and believed that it was the ideal way to go, if no one from the Sanitary Board was interested in serving, she thought there had to be some flexibility for just someone who was interested. She asked whether she had read that into the motion that E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 8 of 17 she had just seconded. Councilman Kavanagh responded that substitutions would be allowed if the individuals/organizations approached declined. The Mayor called for a vote on the amendment. The AMENDMENT CARRIED BY MAJORITY VOTE (6 to 1) with Councilman Archambault voting Nay. Councilman Kavanagh said that before he "amended to strike," he wanted to ask why they included the phrase "in accordance with the Town's General Plan and Development Codes" in the third "whereas" section. Mr. McGuire responded that the Town had already addressed this area in the General Plan because the Town was required to do so. Discussion ensued relative to the fact that although the Town had not "annexed" the area, it had looked at it and included it as part of the General Plan; the fact that the Town could plan outside of its boundaries; the development code and the fact that this was included to say that if the area was going to be developed, then the Town would like it to be developed with the same types of roads that were built in Fountain Hills,etc; and the fact that this issue could be stricken if the Council so wished and it was put in simply to provide guidance to the Committee. Councilman Kavanagh MOVED to strike "in accordance with the Town's General Plan and Development Codes" as previously stated and Councilwoman Stevens SECONDED the amendment. The Mayor called for the question on this issue. The AMENDMENT CARRIED BY MAJORITY VOTE (5 to 2) with Councilwoman Nicola and Councilmember Archambault voting Nay. Lir Discussion ensued relative to Mr. Pickering's discussions with the State and the fact that the last written communication the Town had with the State on this issue was approximately one year ago; Councilman Melendez's concerns relative to language in the resolution calling for the Committee to draft a letter to the State "highlighting any significant progress the Town had made toward acquiring any portion of the land." He asked how the phrase "significant progress" would be defined. Mr. Pickering responded that this was a statutory term and briefly discussed the financial difficulties the Town had faced over the last year. He said that the actual definition was what the Committee would work on and if they felt that significant progress had been made,then a letter would be written to that effect. Councilman Kavanagh expressed concerns relative to the language discussed above and said he would like to have a clearer definition as to what they were trying to accomplish. He asked whether they were trying to acquire the land, annex the land, and so forth. He said that he voted for the motion but he was troubled with the language and the lack of written communication that had occurred between the Town and the State relative to this issue. Councilwoman Stevens commented that if significant progress was not made, obviously no letter would be written stating that such had occurred and asked what would occur. Mr. Pickering responded that a letter would be written explaining what had happened and added that the Town could ask for other things such as annexation, so that it fell within the Town's boundaries. He said a letter would be written despite the final findings of the Committee. Councilwoman Stevens said that she thought that the Committee would make their recommendation to the Council and they would then make the final decision as to what direction they would move. She asked whether she was right in thinking this was the way the situation would unfold. Mr. Pickering responded that if the Council would like to write that in as part of the process, it would be followed. Mr. Pickering suggested that the Committee forward a Letter of Recommendation to the Council and Councilwoman Stevens concurred with this idea. She asked when they would review the Committee's E.\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 9 of 17 recommendations (based on a deadline of October 28th) and discussion ensued relative to the possibility of placing the item on a Work Study agenda for October or placing it on an agenda for the Committee's report and have a spokesperson or Chairman from the Committee present the report. She requested input. Councilwoman Nicola said that she did not feel a sense of urgency and said that the October deadline she viewed as one when things could "start to happen." She said she did not see the need to put pressure on the Committee to have a recommendation back to them by October, although it would be nice to be "updated" on what was happening and the direction the Committee was heading. Mr. Pickering commented that the October deadline was the true deadline because the State would decide after that (October 27th) if the land could be sold. He said that right now it was in "preservation" status. He stated that if the Town wanted to write a letter before that and say "keep it in preservation status," that option was available. He said that the option went away after the 28th of October and therefore some urgency existed to send a letter before that date. Mr. Pickering also advised that it would be best to receive a recommendation by the October 2nd Council meeting. Councilman Kavanagh said that he would leave whether this should be a Work Study Session or a meeting up to Staff and added that it would most likely be based upon the number of people who attended the Committee's meetings and how complex and controversial this issue turned out to be. In response to a question from the Mayor, Town Clerk Bev Bender advised that Myrna Smith had submitted a request to speak on this item. Myrna Smith, President of the McDowell Park Association, said that she talked with Lillian Moody a few weeks ago and was told that the deadline really wasn't October, because they by law have to publish in six (` newspapers and call a public hearing before any action could be taken. She said that Ms. Moody told her err that "now" was essentially the deadline and she stressed the urgency associated with this matter. There being no additional speakers wishing to provide input on this item, the Mayor called for the question. The AMENDED MOTION CARRIED UNANIMOUSLY (7 TO 0). AGENDA ITEM #12 - PRESENTATION BY TOWN MANAGER PICKERING REGARDING TOWN BUILDINGS' LEASE INCLUDING POSSIBLE OPTIONS AND POSSIBLE DIRECTION TO STAFF. Mr. Pickering discussed his intention to present a brief overview of the status of where the Town stands with the buildings that they sat in and said that although they were comprised of three buildings, the Town did not own them, they leased them. He said that the first reason for looking at this item was to cut costs and develop a long-term solution because they had been in the building approximately 11 years and continually put money into it. He added that one of the Town's first priorities was to conduct business in the most prudent and effective manner and one way to do that, and enhance the Town's finances, was to look at ways to save money. He commented that the Town had been doing that quite a bit lately and would continue to do that. He noted that Fountain Hills used to employ approximately 100 full-time employees, but recent reductions in forces had reduced that number into the 70's and therefore, not as much space was needed at the current time. Mr. Pickering estimated that the Town currently had 20,000 spare square feet of space. Mr. Pickering referred to slides displayed in the Council Chambers depicting the various buildings and noted that although the Town had been working on a lease for the past three years, a signed lease was not currently in place and the Town leased on a month-to-month basis. He said that even if a "signed" lease was in place,the "draft" lease expired in two years. E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 10 of 17 Discussion ensued relative to the fact that the Town currently spends approximately $650,000 a year on these buildings, which equated to about$400,000 for the lease and on top of that, the Town pays property taxes in the amount of $100,000 and landscaping and utility charges come to about $155,000 annually; the fact that in an effort to save money, Staff had told the landlord that one year from now the Town planned to vacate one of the buildings, resulting in an annual savings of approximately $174,000; insurance and indemnification discussions that had taken place; and the fact that although the Town used to require approximately 42,000 square feet of space, it currently needed anywhere between 25,000 and 30,000 square feet; options including doing nothing and continuing to spend money on the buildings to maintain them; the fact that under the current situation, the Town could be asked to "vacate the building" and negative impacts of that action; the possibility of purchasing the current building, expenses associated with purchasing the 30-year old building, including high maintenance costs, and the Town Manager's opinion that this did not represent a true option since the Town would be getting too much space and the building was too old; the additional option of leasing another building and the fact that many of the same pros and cons existed with that option (dealing with owners, maintenance costs, no return on investment, etc.); the fact that very little office space was available for lease in the Town of Fountain Hills; and the last option, which was to build. Mr. Pickering said that if the Town was to build, over time it would save money, there were minimal future costs (money was not put out continually year after year) and the Town already owned land upon which to build a building. Mr. Pickering advised that a building had actually been planned since all of the property was purchased at the community center and the Library and said that the Town owned all of the land in that Civic Center project, which had been owned since 1995. He commented on the challenges associated with generating the money to build such as a building as well as disruption that would occur as a result of such a move. He said that in his opinion, the most important thing to look at was cost and stated that Staff had done this. He reported that over a five-year period of time, if the Town continued to rent, it would spend approximately $3 million on this complex. He added that over 30 years, this figure would come to $33 million on these buildings. Mr. Pickering said that if the Town leased another building, costs would still come to approximately $13 a square foot, which, after five years, would total approximately $5.7 million and over 30 years that amount would reach about $18 million. He noted, however,that minimal space existed to lease. He estimated that the cost to build a building was anywhere between $90 and $110 a square foot and 25,000 square feet (along with all of the prep and site work, furniture, equipment, etc.) would be somewhere in the $3 to $3.5 million dollar range. He noted that five years from now, the Town would not have any more to pay, the cost would have already been paid, and thirty years down the road, the Town would have already paid off the building. He said that the project had actually been on the books for approximately eight years and noted that if Senior Services accompanied them, the Town would then save approximately$550,000, because that was what it would cost to build a "stand alone" building for the seniors. Mr. Pickering referred to charts depicting the various costs associated with the options he outlined and noted that after five years, and after thirty years, the most advantageous and long term cost-saving method of proceeding was to build. He recommended that the Council consider building a new building and estimated that this could be accomplished in approximately two years,by the summer of 2005. He added that the Town owned the land already, and noted that the cost of the building would be recovered within less than six years. Discussion ensued relative to the actual site, the footprint of a 25,000 square foot, two story building and the fact that room would also exist to add another smaller building if determined necessary in the future; options that existed to fund such a building, including money in hand, or "pay as you go,"; do a lease- build, where interest rates would be involved; the issuance of bonds and the fact that at some point, those bonds would have to be paid back; borrowing the money, and Mr. Pickering's recommendation, that the Town pay for the building with monies that it has, i.e. save the money and pay for it. Mr. Pickering stated that many existing revenues were in place that represented potential funding sources for this option such as the savings that would be realized as a result of vacating the one building next year, a general government development fee, which was strictly for this type of building, a downtown E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 11 of 17 sales tax balance that had been built up, monies that were recovered from sales tax audits, which could not be counted on but which were realized, the large amount of "open space" money that had been collected from sales tax and was in excess of the amount needed to pay off the Town's costs. He added kftre that other revenue options existed as well and noted that the Town negotiated a development agreement to put the Hilton at the corner of Shea and Palisades and reported that the development would pay the Town $371,000. He commented on the fact that this remained questionable, since they were not 100% sure that it would be built, but said that once it was built,those monies would be generated. He also brought up the question of a sales tax rebate and said that the Town might not have to pay the additional $400,000. Mr. Pickering said that the Town could also add revenues and noted that the Town retained the ability to tax. He added that the ability to increase development fees also existed and discussed the possibility of eliminating the exemption that existed in that area on advertising and health spas. He said the Council could consider increasing the Town's telecommunications rates (small tax increase whenever telephone bills were paid)and added that garbage contractors could also be required to pay fees to the Town. Additional discussion ensued relative to other properties owned by the Town such as the Kiwanis Building and the possibility of selling some of the Town's assets; the fact that the Town could pursue grants and the fact that the seniors had expressed a willingness to pursue this possibility along with the Town; and the unlikely possibility of going out for a voter approved property tax amendment. Mr. Pickering said that his recommended financing proposal was actually a two-part process. He said that he believed the Town should first use the money that it had in place but added that if the Council did not want to "reallocate" the use of some of the Town's funds, new revenue enhancers would have to be added. He emphasized that the money would have to be in hand before the building was built. He commented that much of this would be dependent upon the Town's five-year financial plan, which would be discussed at the Council's September Work Shop. thir Mr. Pickering referred to charts depicting various revenue sources and noted that the figures were for a two-year period of time. He stated the opinion that it certainly made sense financially to build a new building and said that it would ultimately save the Town a tremendous amount of money, approximately $30 million over a 30-year period of time. He pointed out that the costs would be recovered in a little over five and a half years, and spoke in opposition to continuing to pour monies into buildings that the Town did not own and from which they would not reap any long-term benefit. In response to a question from the Mayor, Mr. Pickering stated that his proposal included space to accommodate the seniors in the new building. Mr. Pickering added that in talking to the President of the Senior Association,their desire was to one day have a stand-alone building and so they would continue to pursue grants to work towards this goal. Mr. Pickering also confirmed that there would be a one-year period, if the Town vacated Building C, where the seniors would have to be disrupted and the Town's intention to work with the seniors in an effort to locate alternative space for them and minimize impacts. Vice Mayor Ralphe thanked Mr. Pickering for his presentation and the huge amount of information and various options that were presented. She said there were two areas she would like to give direction to the Staff on involving the use of tax monies dedicated to other uses, specifically, the Downtown Development Sales Tax monies, one-tenth of a percent. She added the other one was also a dedicated sales tax and was for mountain preservation, three tenths of a percent. She noted that both of these sales tax monies had been dedicated for certain purposes and stated the opinion that this Council had a commitment not to veer from any dedication they or previous Councils made to citizens. She advised that she served on the Council that enacted the two taxes (which actually was one tax) and said that they were acting on behalf of citizens in response to what the people were telling them were their priorities. She said that the citizens told them they wanted downtown development and she did not believe that they had office space in mind, she believed they were talking about benches, lighting, walkways and improved medians and perhaps even a place where musical productions could be viewed. She said that she thought they would be violating the peoples' trust if they considered using those downtown monies and the same applied to the preservation-dedicated sales tax, the 3%. E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 12 of 17 The Vice Mayor said that preservation was not a need that had gone away and once the Town dedicated money to a particular use, it must continue to respect that use. She stated that her direction to Staff would be to continue to explore all of these options with the exception of using those two sources of tax monies. In response to a question from Councilman Archambault relative to grants, Mr. Pickering responded that P although extensive research had not been performed in this area, in his experience there were not a lot of grants available to towns for the purpose of building new police and government buildings. Councilman Archambault recommended that Staff perform research and present results to the Council relative to whether the Town could borrow against any of the funds to build the building. He said that a precedent could be set to continue to pay the "rent" that the Town was currently paying back into the fund until the amount was totally paid back. He added that obviously the Town could pay back at least $400,000 to $600,000 a year and they would be borrowing from themselves and not having to pay any interest to a bank. Councilwoman Nicola noted that one of the components of the Town Hall was the Council Chambers room, which they shared with the Court. She said that prior to finalizing any plans, they had to have their court facilities approved by the Superior Court Presiding Judge. She stated the opinion that going to the Justice Department for monies to build a new Police Department would not be a very good idea but noted that the State did have monies available that the Court could request. She added that she would like to see Staff pursue State and Federal grants through the Justice Department for construction of a court building. In response to a question from Councilman Melendez, Mr. Pickering stated that in the event the seniors were not successful in securing grants to build their own facility, the Town would have approximately 5 to 6,000 square feet available at a new Town Center building to accommodate their needs. He added that they would be charged the same rate that they were currently charged. thiv Mayor Nichols said that this evening the Council wanted to let the public see what the costs of operating the Town buildings currently were and present options for consideration that would result in cost savings over the long term to the entire community. He stated the opinion that building their own building really made financial sense and now the tough part, the financing, must be addressed by the Town Manager and the Town Council. He agreed that various options existed and said that part of the overall plan is the preparation of a five-year financial business plan for the Town so that long-term revenue sources and expenses could be reviewed and educated decisions could be made. Discussion ensued relative to encouraging public input relative to the proposal; Councilman Archambault's suggestion that projections be expanded from two to three years with an additional one year lease and Mr. Pickering's opposition to proceeding in that manner but his intention to look at those numbers; and Councilwoman Stevens' support for Mr. Pickering's recommendation for a new Town Hall. Councilwoman Stevens commented on the Fort McDowell Proposition 202 funds and said that she thought they said they were supporting grants for public safety. Mr. Pickering stated that she was correct and that would be one of the grants that was pursued. She stressed the importance of looking at all revenue sources but agreed with Vice Mayor Ralphe's comments on the importance of not touching the two dedicated taxes. She said she also agreed with Councilman Archambault's comment relative to the fact that if the Town could not pull together enough money to "pay as it goes," then it needed to pay part as it goes and fund part in another manner. She commented on the fact that the new building was being proposed at 25,000 square feet and asked where the flexibility existed to provide sufficient space for the seniors if they decided to join them. Mr. Pickering explained that it would be the difference between building a 25,000 or 30,000 square foot building and noted that the price range would also fluctuate based on the square footage. He said that this really would not have to be decided upon before construction began since they were talking about office space and re-arrangements could be made for the space to accommodate other activities if the seniors vacated the building at some point. E.\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 13 of 17 Councilwoman Nicola commented on the fact that the Court/Council Chambers were empty most of the week and said that with proper planning, maximum use of space and time could be realized. Councilman Kavanagh concurred with Councilman Melendez and the Mayor's comments relative to the importance of ensuring that the Town's senior citizens were taken care of in this regard both during the transition period and in the future. He also agreed that funding for downtown development must remain untouched and agreed that the Town Manager had provided many different options for the purpose of consideration. He commented that most of the funding sources mentioned would never be touched, but every possibility had been "thrown into the mix" for discussion and consideration purposes. Mr. Pickering agreed with Councilman Kavanagh's comments and said that if they added up all of the revenue sources listed this evening,there would actually be too much money generated. In response to a question from Councilwoman Nicola, Mr. Pickering said that Staff would like to receive direction from the Council as to how to proceed as soon as possible. He said that during this budget year they would not have plans drawn and bids go out, he did not believe they would be at that stage for at least for the next 5 or 6 six months, but Staff certainly needed to hear from the Council that they agreed with the proposal and wanted Staff to begin moving and working towards accomplishing the project. In response to a question from the Mayor, Ms. Bender advised that Mr.Edwin Kehe, Ms. Lori Noss,Peter Putterman,Frank Ferrara, and Roy Kinsey had submitted requests to speak on this item. Mr. Kehe, 16620 N. Agate Knot Place, said he would like to pose some questions: (1) Wasn't it true that most municipalities funded large scale projects such as this through bonds; (2) did the projected cost of $3.5 million include landscaping and maintenance costs; and (3) wasn't the payment of the property tax on the current buildings a matter that was legally negotiated with the owner? He said that to collect taxes for one purpose and then use those monies for another purpose eroded the public trust in government. He agreed with Vice Mayor Ralphe's statements in this regard and said that he supported the building of a new Town Hall built on its own merits and not on the backs of other projects. Ms. Noss, 14603 North Fairlyn Drive, stated that she was opposed to the Town Manager's suggestion that dollars earmarked for downtown development and preservation be used to purchase office space for the Town. She said that if an abundance of monies existed from the Mountain Tax, then the Town should send that money to the bank to pay down the escrow, saving the taxpayers dollars by reducing the debt or make an emergency reserve fund for the Mountain Preservation. She said that a terrible precedent would be set if the Council allowed allocated funds to be diverted and encouraged the Council and Staff instead to pursue creative accounting. Mr. Putterman said that he lived on El Lago Drive and was pleased that this issue was finally before the Council for discussion and consideration. He stated the opinion that the people of Fountain Hills deserved the opportunity to save money and getting out of the leased buildings as soon as possible would be an excellent way to accomplish this. He also urged the Council to direct the Town Manager to explore options of getting out of the buildings even earlier than planned in an effort to save additional dollars. He asked what was being considered for law enforcement space and whether space was being planned for a Sheriffs sub-station in the likelihood that that the Town would continue to contract with them. He also asked whether they were thinking that in the not too distant future the Town would have its own Police Department and then would have to build a station for that purpose. He stressed the importance for planning for all of these areas during the initial period. He agreed with previous comments relative to the importance of not touching dedicated dollars for any other purposes. Mr. Ferrara, Director of the Chamber of Commerce, thanked the members of the Council for keeping the promises that they made, particularly Vice Mayor Ralphe for her efforts to get the business community to support the tax with the option of the preservation and downtown development. He said that the Chamber waited ten years to reach this point. He said that he was really glad that they understood the importance of not touching dedicated dollars and thanked them for their continued support. E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 14 of 17 Mr. Kinsey, 17120 E. Fairway Court, Chairman of the McDowell Mountain Preservation Commission, posed questions relative to costs and said he agreed with all of the comments that had preceded his and he was glad that they were looking into a number of options. Mayor Nichols thanked the speakers for their comments and noted that no action would be taken this evening. He said that this was an information meeting to provide the public an opportunity to see what was going on and they wanted to let the citizens know ahead of time what they were thinking about doing. He added that this represented a planning event that would be worked on over the next year and encouraged citizen input. Councilwoman Stevens requested that Mr. Pickering put together a timeline to let the Council know what needed to occur and when those things might be occurring. She stressed the importance of not falling behind in this area. Mr. Pickering responded to the questions posed by the speakers and said that towns typically do bond for large projects but stressed the importance of having a revenue source in place to pay for that. He added that space was included in the plans for either a Sheriffs Station or Town Police headquarters. He also commented on his estimated long-term cost of$3.5 million and said that landscape costs would be much less since they would not put in anywhere near the grass and maintenance costs as well would be a lot less costly. He added that the Town would not pay property tax on a new building; however, the Town did negotiate to pay property tax on current building. Mayor Nichols thanked Mr.Pickering for his comments. AGENDA ITEM #13 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. There were no items discussed at this time. AGENDA ITEM#14- CALL TO THE PUBLIC: Ms. Bender advised that one citizen had submitted a request to speak, Mr. Phil Gaziano. The Mayor asked Mr. Gaziano to come forward and present his remarks at this time. Mr. Gaziano 14949 E. Sierra Madre Drive, said that he would like to bring three items to the attention of the Council, (1) traffic enforcement. He said that they had been "preaching" for the last year that stricter traffic enforcement be put in place in Fountain Hills and added that LEAP had asked that the Council direct the Town Manager, in his discussions with the Sheriffs Department, to have zero tolerance in the Town. He said that "Stop" signs were not being adhered to, lights were being run, and speeding was occurring. (2) accidents. He said that they did not know why the recent accident happened but that road was "an occasion of sin" and when Firerock went in, a divider should have been put in place at that time. He said that it was imperative that Shea Boulevard be separated with a divider immediately. He added the opinion that Shea should be a County Road and patrolled by Scottsdale and DPS. (3) skate park. He said that placing the skate park where the Four Peaks School is would disenfranchise the entire area. He stated the opinion that the use at this location was inappropriate and that public land at the dog park should be used instead. The Mayor thanked Mr. Gaziano for his comments. AGENDA ITEM #15 - SUMMARY OF COUNCIL REQUESTS REVIEWED BY THE TOWN Lie MANAGER. E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 15 of 17 Mr. Pickering said that he had received direction relative to working on the Ad Hoc Committee for the open space State Land Trust and looking into grants from the Justice Department as well as Proposition 202. He added that he would also develop a timeline for the second phase of the Civic Center Project. The Mayor asked him to also make sure that Mr. Gaziano's comments were forwarded to Captain Penrose. Councilman Kavanagh said that for the record he would like to state that he would totally oppose any zero enforcement policy in the Town of Fountain Hills. He added the opinion that one was not necessary and countered other comments made by Mr. Gaziano relative to accident rates and enforcement. He complimented Captain Penrose on his work and said he would not have him change a thing. Councilman Melendez also commented on law enforcement and said that he was the former Chairman and Co-Founder of the Law Enforcement Advisory Panel (LEAP). He said that the organization advocated strict traffic enforcement, which went along with code enforcement. He commented on complaints he receives from citizens relative to speeding. Mayor Nichols commented that the purpose of this agenda item was to provide the Town Manager an opportunity to recap direction he has been given and suggested that discussion of this issue should not occur at this time. Councilman Melendez said that he believed he should have the opportunity to respond to comments that Councilman Kavanagh made regarding this issue. He said that if the Town Attorney agreed that this was not the time to discuss it,then he would bring it up when final comments were presented by the Council. Mr. McGuire said that in order to ensure that the intent of the Open Meeting Law was met, he would prefer that this issue not be discussed at all this evening and that it be placed on the agenda of a future meeting for discussion. He added that he did not believe either Councilperson's comments were in order and asked that they not continue. Councilman Melendez asked the Mayor to direct Staff to place this item on the agenda of a future meeting for Council discussion and the Mayor asked the Town Manager to do so. AGENDA ITEM#16-ADJOURNMENT Councilman Archambault MOVED that the Council adjourn and Vice Mayor Ralphe SECONDED the motion,which CARRIED UNANIMOUSLY. The meeting adjourned at 8:25 p.m. TOW FOU AIN HILLS i By: c Wally who's, a or ATTEST AND PREPARED BY: l Bevelyn J. B der, own Clerk E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 16 of 17 CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills on the 7th day of August 2003. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st day of August 2003. 16(Ati Bevelyn J. B de Town Clerk L E:\BBender\Documents\Current Minutes 2003\08-07-2003 Regular.doc Page 17 of 17