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HomeMy WebLinkAbout2003.0821.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS DOWN COUNCIL AUGUST 21,2003 AGENDA ITEM #1 — PURSUANT TO A.R.S. §38-431.03.A.7, FOR DISCUSSIONS 4isivr, CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE, SALE OR LEASE OF REAL PROPERTY (SPECIFICALLY,THE TOWN HALL LEASE AND PROPERTY). Councilwoman Stevens MOVED to convene the Executive Session, and Councilman Archambault SECONDED the motion which CARRIED UNANIMOUSLY. Mayor Nichols recessed the Executive Session at 6:30 p.m. AGENDA ITEM#2-RETURN TO REGULAR SESSION Mayor Nichols called the meeting to order at 6:35 p.m. and led the Pledge of Allegiance. Following the Pledge, Pastor Larry Finch(Four Peaks Community Church)presented the invocation. ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Mayor Wally Nichols, Vice Mayor Susan Ralphe, Councilman Mike Archambault, Councilwoman Leesa Stevens, Councilman John Kavanagh, Councilman Rick Melendez, and Councilwoman Kathleen Nicola. Also present were Town Attorney Andrew McGuire,Town Manager Tim Pickering, and Town Clerk Bevelyn Bender. Mayor Nichols recognized those who had contributed to the remodeling of the Fountain Hills High School Video Room for use with Channel 11's broadcast: Beth Smith, Ty Mussle and Paul Chandler (Roadrunner Drywall),John Nicola,Lorenzo(Lorenzo Electric), and Mike Archambault. CONSENT AGENDA: AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE MEETING MINUTES OF AUGUST 7,2003. AGENDA ITEM #2 — CONSIDERATION OF RESOLUTION 2003-50 AMENDING THE TOWN OF FOUNTAIN HILLS FINANCIAL POLICIES AS ADOPTED ON MAY 1, 2003, TO INCLUDE THE ADDITION OF THE SECTION ENTITLED"DEBT POLICY". AGENDA ITEM #3 — CONSIDERATION OF THE PRELIMINARY AND FINAL PLAN FOR "THE MOUNTAINSIDE VILLAS", A FOUR-UNIT CONDOMINIUM PROJECT LOCATED AT 12642 MOUNTAINSIDE DRIVE,AKA LOT 15A,BLOCK 3,FINAL PLAT 601-A,CASE#S2003-10. AGENDA ITEM #4 — CONSIDERATION OF APPROVING RENEWAL OF A TECHNICAL SERVICES CONTRACT WITH PHOENIX HIGHWAY SERVICES, INC. FOR TRAFFIC SIGNAL INSPECTION,TESTING AND MAINTENANCE SERVICES IN THE AMOUNT OF$26,340. AGENDA ITEM #5 — CONSIDERATION OF RESOLUTION 2003-49 DECLARING SUPPORT FOR LOCAL GOVERNMENTS SERVING CITIZENS 24/7 AND DECLARING OCTOBER 20 — 26, 2003, "ARIZONA CITIES AND TOWNS WEEK". AGENDA ITEM#6—CONSIDERATION OF CERTIFICATION OF THE FOUNTAIN HILLS COURT 460, COLLECTIONS TO BE SUBMITTED TO THE STATE TREASURER PER A.R.S. §12-116-04. E:\BBender\Documents\Current Minutes 2003\8-21-03.doc Page 1 of 13 AGENDA ITEM#7—CONSIDERATION OF A FINAL PLAT, FOR PROPERTY LOCATED AT 13341 N. MANZANITA AKA N. WEST PHASE ii @ SUNRIDGE CANYON LOT 30 AND TRACT D. A LOT JOIN PROJECT. CASE NUMBER S2003-09. AGENDA ITEM #8 — CONSIDERATION OF APPROVING A CHANGE ORDER IN THE AMOUNT OF$36,640 TO THE ANNUAL LANDSCAPE CONTRACT WITH TRUGREEN LANDCARE. AGENDA ITEM#9— CONSIDERATION OF A FINAL PLAT,FOR PROPERTY LOCATED AT 16728 BAYFIELD DRIVE AKA PLAT 104,BLOCK 10,LOT 3. CASE NUMBER S2003-08. AGENDA ITEM #10 — CONSIDERATION OF ADOPTING RESOLUTION 2003-42 TO RATIFY CHANGES MADE AT THE AUGUST 7,2003 MEETING. Councilwoman Ralphe MOVED to approve the Consent Agenda as read. Councilman Archambault SECONDED the motion. A roll call vote was taken as follows. Councilwoman Nicola Aye Mayor Nichols Aye Councilman Kavanagh Aye Councilwoman Stevens Aye Councilman Melendez Aye Vice Mayor Ralphe Aye Councilman Archambault Aye The motion CARRIED unanimously. AGENDA ITEM #11 — CONSIDERATION OF APPROVING A ONE YEAR EXTENSION FOR THE PRELIMINARY PLAT "SIERRA MADRE ESTATES", A NINE-LOT SINGLE-FAMILY SUBDIVISION OF AN UNPLATTED PARCEL OF LAND LOCATED ON THE NORTH SIDE OF SIERRA MADRE DRIVE,WEST OF GOLDEN EAGLE BOULEVARD; CASE#S2001-16. Mayor Nichols invited the public to speak on any agenda items. Town Manager Tim Pickering noted that Attorney Ellen Van Riper was present to represent the Town of Fountain Hills, as Town Attorney McGuire had a conflict of interest that was known prior to his hire. City Planner Dana Burkhardt informed the Council that an additional one-year extension for the preliminary plat "Sierra Madre Estates" had been requested. The second submittal of the improvement plans had been received, and if the extension were approved, the final could be returned by late October. He urged Council members to keep discussion to the extension request rather than the design of the plat. Mr. Burkhardt then recommended approval of this request. Councilman Kavanagh asked whether or not the extension criteria had been met; Mr. Burkhardt read verbatim the requirements from the staff report. Councilwoman Ralphe understood that the applicant was asking for an extension based upon extraneous issues, and the Council had been told in the past not to consider extraneous issues; they were only to concentrate on the relationship between the applicants, the piece of land, the Council, and all applicable ordinances and codes. She indicated that the Council had made its original decision based upon those instructions and asked Attorney Van Riper if it was accurate that extraneous issues were to be considered. Attorney Van Riper surmised that the extraneous issue was neighborhood opposition based upon the proposed location of roadways, and she then noted that if the proposed plan complied with all ordinances, it would be difficult to say "no"unless there were a overwhelming public health, safety, and welfare concerns, which would warrant a justified denial of a plat. She noted that the issue regarding the homeowners association and local opposition probably was not an appropriate E:\BBender\Documents\Current Minutes 2003\8-21-03.doc Page 2 of 13 consideration at that time. She continued that, in comparison (such as in a zoning change case), neighborhood opposition would be well within the Council's discretion to consider. But when looking at a plat approval, it would not, unless it was connected with an overwhelming public health, safety, and welfare concern. Vice Mayor Ralphe asked that if it were a legitimate reason for the applicant, developer, and attorney to come back on the basis of circumstances involving the property owners association, if the developer could go ahead and made progress toward that final plat without consideration of the other matters. Attorney Van Riper indicated that if there were a legitimate threat of litigation by the Association regarding the roadways, it would be reasonable for that property owner to try to resolve issues before final platting process in order to risk a negative impact at a later date. Councilman Archambault noted his understanding that it was reasonable not to consider possible litigation, but that the Council was being asked to approve an extension based on that. He questioned why, if they couldn't consider it in the first scenario, would it be appropriate to consider it in the second scenario?Attorney Van Riper noted that if the ordinance allowed for it and the requirements had been complied with, then it was her opinion that the Council could not seriously question the bonafides of the reasons for the request. The fact that one couldn't consider this at the time the plat was being considered, it then should not be a basis for denying an extension at this time. Giving the extension might save grief later on for everyone involved, as it would simply allow more time. Councilman Archambault questioned Mr. Burkhardt as to how difficult it could be to transfer a preliminary plat to a final plat - and why the developer didn't simply submit that with the stipulations added. Mr. Burkhardt indicated that they still needed to review the final plat and that he had no knowledge of the developer's schedule. Vice Mayor Ralphe asked Attorney Van Riper if it was permissible under the law for the Council to go beyond the question of an extension and into the merits of the projects. Attorney Van Riper indicated that it was not permissible to do so if the plat were already approved. Mayor Nichols asked if the developer and the planning office had spent any time on the project. Mr. Burkhardt itkow noted that the developer had been communicating with staff and had met with them approximately five times throughout the year. The Planning Department had received and reviewed the first submittal of the improvement plans, and the plans resubmitted as of last week. Councilman Melendez asked if Attorney McGuire was available to answer only procedural questions. Attorney McGuire indicated that he was, indeed, present to answer only procedural questions. He clarified the Town Council's responsibility as voting on the extension only. Attorney Van Riper confirmed that the Council's focus at this meeting was the extension only. Attorney Robert Sternfels, 16803 E. Palisades Blvd., Fountain Hills He responded to Councilman Archambault indicating that since the filing of the final plat, 552 engineering hours had been expended to convert the preliminary plat into final drawings. He stated that a summary of hours would be made available to the Council upon their request. Councilwoman Nicola noted that a Court Minute Order was referenced in a letter to Mr. Burkhardt but not given to the Council; Mr. Pickering noted that they had not received that Court Minute Order. Attorney Sternfels indicated that the Court Minute Order received was to the effect that North Heights did not own the easement exclusively; it was a non-exclusive easement. Secondly, the court indicated that North Heights did not have any right to use the monument for sign purposes; their easement was solely for landscaping. Lastly, the judge had suggested that a discussion should be held with North Heights regarding removal of their letters from the monument and placed on the left side of Sierra Madre. Mr. John Rezek, 15427 N. Sunridge; Fountain Hills; President/North Heights Property Owners Association He spoke on behalf of the residents. He reiterated that the ruling was that the monument which exists now was to be reduced by one block, and that a meeting would be held on August 22 to discuss that issue. Mr. Rezek advised the Council that his Association was strongly in opposition to the extension and would like to reiterate E:\BBender\Documents\Current Minutes 2003\8-21-03.doc Page 3 of 13 the most important reason, which was traffic safety on Sierra Madre Drive. He indicated that Sierra Madre was a collector road that borders the project, and their concerns were supported by the fact that last year the Planning and Zoning Commission had denied approval of the project. Also, the Town staff determined that the measure traffic speed on Sierra Madre was 40 mph and that the site lines designed in the new proposed intersections were for a 40 mph speed. He noted that the subdivision ordinance, Section 3.05, showed the site line requirements as a function of traffic speed, and that the project did not comply with the ordinance at the measure traffic speed of 40 mph.; it did not meet all the ordinances. Further, the ordinance did not allow for warning signs as a remedial measure. He indicated that the engineering firm had concluded that the traffic speed was 40 mph, and the site lines were inadequate. Mr. Bob Prather, 15312 E. Sierra Madre,Fountain Hills He spoke on a safety concern regarding the left-hand turn lane of the plat from Sierra Madre into Lots 3 and 4 that fell short of requirements. He was also against approving the extension. Ms.Janice Abramson, 15226 E. Verbena Dr.,Fountain Hills She spoke on the liability of poor safety decisions. She concluded that if an accident occurred which could have been linked to line of site, the Town would be liable. Further, she noted that the plat design did not comply with the consultant's recommendation, nor did it comply with the subdivision ordinance. Ms. Abramson noted consistently strong citizen objections made to the approval of this plat design based on safety concerns. Abramson was against approving the extension. Mr.Marshall Friedman,Fountain Hills'resident He spoke against the extension of one year, but he indicated that he was in favor of a maximum 30-day extension. Traffic safety was Mr. Friedman's major point of concern. He also suggested that the Council deny the developer the right to develop the land as planned and to reduce the number of lots to provide safer access. Councilman Melendez asked Mr. Pickering whether or not the safety issue had been addressed. Mr. Pickering noted that safety was not the issue. Councilman Melendez then MOVED that the extension be approved. Lir Councilman Kavanagh SECONDED the motion. Discussion ensued with Councilman Kavanagh indicating that the Council's responsibility at that meeting was to administratively review an application for an extension only and that there was no compelling reason to deny the application. Councilman Kavanagh reiterated that the issues expressed at this meeting by citizens were issues to be discussed at the final plat. He also noted that there was more of a compelling reason to grant the request, as it would be routinely done for others. He suggested that arbitrarily refusing to do for one person what you do for others would open the Council up to arbitration. This extension would not be a loss for the Community; it would be an opportunity for positive measures to be taken between the time of the extension and the final plat approval. Councilman Archambault indicated that he did not accept that 240 hours of engineering time in one month was "due diligence"and stated that he could not support the motion. Vice Mayor Ralphe specified that an extension was being voted upon and asked if the Council indeed had absolute discretion to say "yes" or "no". Attorney McGuire indicated that the Council did have absolute discretion to say "yes" or "no", except that consequences also must be faced in the event that one person was approved and one was denied approval. He urged that the Council keep the focus on the time extension. Attorney Van Riper indicated that it was important to use discretion as to whether or not the issue subject would merit extension. Councilwoman Nicola asked whether or not a time extension had been denied by the Council in the past. Mr. Burkhardt indicated that to his recollection, no extension had been denied in the past five years; however, typical denial would be in the case of a change of ordinance. Councilwoman Nicola asked whether or not one year was the norm and if the period of time was left up to the discretion of the Council. Attorney Van Riper E:\BBender\Documents\Current Minutes 2003\8-21-03.doc Page 4 of 13 indicated that use of the word "discretion" in the ordinance gave the Council authorization, dependent upon circumstances,to accept a smaller period of time for an extension. Councilman Melendez shared with the public that the item was originally on the Consent Agenda and had been moved to the Regular Agenda to give the Council one more time for debate whether or not it was a reasonable request on behalf of the applicant. He reminded the Council that they were to deal with the extension issue only and suggested that compromise over the next year could develop a more suitable situation for both parties. Mayor Nichols suggested that the Council must determine whether or not the applicant had met the burden of requirement for the extension; other issues should not be discussed at this point in time. He supported the extension in the hopes that a compromise could be reached. Mayor Nichols then called the question. The motion for approval of the extension CARRIED on a roll call vote of 4 to 3 as follows: Vice Mayor Ralphe Nay Mayor Nichols Aye Councilman Melendez Aye Councilwoman Nicola Nay Councilwoman Stevens Aye Councilman Archambault Nay Councilman Kavanagh Aye AGENDA ITEM #12 — PUBLIC HEARING TO RECEIVE COMMENTS ON A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES LOCATED AT 15948 E.SHEA BOULEVARD.#104(REDENDO'S PIZZERIA). CASE NUMBER SU2003-06. Mayor Nichols declared the public hearing on this agenda item open at 7:27 p.m. Town Manager Pickering reported that there was one staff report on Agenda Items 12, 13, and 14: Comments on a Request for Special Use Permit, Consideration of a Request for Special Use Permit, and Consideration of the 4116, Liquor License Application. Planner Denise Ruhling reviewed the staff report regarding Redendo's Pizzeria. The proposed alcohol service would be restricted to indoor consumption only and was not proposed for take out or for resale. She stated that the ordinance currently required a Special Use Permit to allow service or sale of alcohol in a C-1 zoning district on this site. Since Redendo's was an existing restaurant and the occupancy load was determined, she indicated that staff recommended approval. Ms. Ruhling noted that the Planning and Zoning Commission heard the application at their meeting, but no public input had been received either positive or negative. She noted that Mr. Redendo was present to answer questions from the Council and staff, but no questions were asked. Since there were no questions/comments, Mayor Nichols closed the public hearing at 7:28 p.m. AGENDA ITEM #13 — CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES LOCATED AT 16948 E. SHEA BOULEVARD, #104(REDENDO'S PIZZERIA). CASE NUMBER SU2003-06. Councilman Archambault MOVED that the Special Use Permit be approved, and Councilwoman Stevens SECONDED the motion. Councilwoman Nicola questioned who, in the absence of a Marshal's Department, was performing the background checks for this type of issue. Town Clerk Bevelyn Bender responded that the Sheriff's Department performed those background checks. E:\BBender\Documents\Current Minutes 2003\8-21-03.doc Page 5 of 13 The motion to approve the Special Use Permit was CARRIED unanimously. Councilman Melendez Aye Councilman Kavanagh Aye Councilwoman Nicola Aye Councilwoman Stevens Aye Councilman Archambault Aye Mayor Nichols Aye Vice Mayor Ralphe Aye AGENDA ITEM#14—CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY REDENDO'S PIZZA & PASTA LOCATED AT 16948 E. SHEA BOULEVARD. THE APPLICATION IS FOR A NEW CLASS 12 (RETAIL SALES)LICENSE. Councilman Kavanagh MOVED to approve the Liquor License Application Councilwoman Nicola SECONDED the motion. There were no further questions by the Council or the public. The motion CARRIED unanimously. Councilman Archambault Aye Councilman Melendez Aye Councilwoman Stevens Aye Councilman Kavanagh Aye Vice Mayor Ralphe Aye Councilwoman Nicola Aye Councilwoman Nicola Aye AGENDA ITEM#15 - CONSIDERATION OF ORDINANCE 03-18 AUTHORIZING AND DIRECTING THE TOWN MANAGER OR HIS OR HER AUTHORIZED DESIGNEE(S) TO ENFORCE THE TOWN ORDINANCES; AND DECLARING AN EMERGENCY. Attorney McGuire noted that a proposed ordinance was being brought before the Council that would allow the Town Manager to designate civilian code enforcement officers and citation authority until a larger code amendment could be adopted, making it consistent through the Town code. Attorney McGuire displayed a flow chart of duties/actions. Mayor Nichols asked for questions from the Council. Councilman Archambault clarified that the ordinance did not amend Town Code 3-1-5, noting that it just gave authority for the code enforcements officers to write tickets. Attorney McGuire indicated that because it was established as an emergency clause, it would take a vote of 6 of 7 to pass; if the vote was less than that, there would be a 30-day gap in writing citations in code enforcement until the effective date of the ordinance. Councilwoman Nicola asked hypothetically why, if there were a case that warranted a citation, the current code enforcement officers couldn't coordinate with on-duty Sheriffs personnel? Attorney McGuire indicated that the Town's prosecutor did not want a different person to issue citations than had built and addressed the case,as too many things could occur between the two activities to challenge the validity of the citation. Councilman Archambault asked that since Town codes were criminal violations, didn't they require a certified officer to write the citation?Attorney McGuire responded that civilian code enforcement officers were the norm and they had written Class 1 in every code of criminal offenses in the State. He confirmed that it did not require a certified officer to enforce that type of code. Ms. Lori Noss, 14603 N. Fairlynn Dr. She expressed that her concerns surrounded the five-to six-day lapse between the date a complaint is issued and someone visiting a site, as compared to having had past experience with filing complaints to the Marshal's Department and getting same-day service, i.e., dumping asphalt. E:\BBender\Documents\Current Minutes 2003\8-21-03.doc Page 6 of 13 Councilwoman Stevens MOVED to approve the adoption of Ordinance 03-18 with a SECOND from Councilman Kavanagh. Discussion ensued on the length of time it takes for action to be taken on each issue. Town Manager Pickering indicated that this was a new process and asked for patience, with five to seven days as a maximum time period, naturally depending on the caseload. When Councilwoman Stevens requested a status report in three months on this issue,Mr. Pickering indicated that monthly reports could be expected. Councilwoman Nicola indicated that she would not support the ordinance and asked that staff work more quickly toward a comprehensive program and streamlined process regarding law enforcement when the Council voted on the subject in February. Councilman Kavanagh pointed out that one more vote against this ordinance would "handcuff' our law enforcement personnel, with Councilwoman Nicola replying that they had been "handcuffed" for the past 60 days, and a more comprehensive plan must be adopted to rectify the situation. Councilman Archambault agreed with Nicola, voicing his concern that the issue not be rectified piece-meal and that more code enforcement training was needed. Councilman Melendez agreed that Mr. Pickering must review law enforcement and code enforcement policies to see how they coordinate but voiced his support of the ordinance. He noted that leaving the community open for 30 days would not be appropriate. Councilwoman Nicola reiterated that code enforcement would not cease if the motion did not pass, and she felt that the ordinance was not ready for Council approval at this time. The current process of the Sheriff's Department writing citations could continue with coordination by code enforcement personnel. Attorney McGuire clarified that the future ordinance would not address code enforcement; it would be an ordinance to update the Town Code and clean up areas that had previously given enforcement authority to "Town Marshal". It would not address the comprehensive plan of code enforcement; the consultant would do that. He indicated that he did not want to bombard the Council with a Town Code amendment of 20+ pages at that time, but this was to show the Council what was to come. The alternative was either to enable folks to issue citations by ordinance or go through a code amendment. Councilwoman Nicola noted that it was preferable for a prosecutor to have only one witness on the stand, but if the prosecutor had a citing officer and an investigative person, it was not logical. Councilman Kavanagh commented that the prosecutor believed that having two people testifying could jeopardize the cases and that could result in lost cases and lawsuits. Vice Mayor Ralphe AMENDED the motion to adopt Ordinance 03-18 on an interim basis, effective until the Council approved a policy for a Public Safety Commission and Public Safety Director. As there was no SECOND the motion DIED. Attorney McGuire noted that this ordinance was considered the interim step before staff brought forth the Town Code Amendment that would serve in a permanent fashion; there was no connection with the Public Safety Commission or person. The Public Safety Commission would advise the Council and Town Manager on public safety issues on a much different scale, and that the civilian code enforcement officers would be budgeted for, employed, and trained. Councilwoman Nicola objected to Councilman Kavanagh's comment and asked Judge Armbruster if there had been a trial in the past year on the town ordinance. Councilman Kavanagh felt that Councilwoman Nicola's attempt to interject a judge into the political discussion was inappropriate;Judge Armbruster declined comment. A roll call vote was taken with the following results: Councilman Melendez Aye Councilman Kavanagh Aye Councilwoman Nicola Nay Councilwoman Stevens Aye E:\BBender\Documents\Current Minutes 2003\8-21-03.doc Page 7 of 13 Councilman Archambault Aye Mayor Nichols Aye Vice Mayor Ralphe Aye The motion CARRIED on a vote of 6 to 1. AGENDA ITEM #16 — CONSIDERATION OF APPROVING A REQUEST FOR A CUT/FILL WAIVER FOR FIREROCK COUNTRY CLUB PARCEL I, LOT 5, AKA 9145 N. VISTA VERDE COURT, CASE NUMBER CFW2003-06. Mr. Burkhardt presented the staff report on this issue. He noted that the Council was being asked to reconsider a request that was originally denied on July 1, 2003. Staff noted that the second request proposed no changes from the original cut and fill waiver request as presented in July. The Planning and Zoning Commission recommend unanimous approval of this request as did staff. The applicant's general contractor Mr. Kevin Wright (4122 E. McEllen,Mesa) asked for the Council's approval of the request. He requested that if approval were denied that the Council offer suggestions on what needed to be redesigned to make it satisfactory. Councilman Melendez asked staff if the basement policy had been started. Mr. Burkhardt advised the Council that staff had begun to put together a basement policy, which would address cuts and fills more thoroughly. Councilman Melendez MOVED to approve the Cut/Fill Waiver, and Councilman Kavanagh SECONDED that motion. Vice Mayor Ralphe commented that approval was being considered for a huge variance not in compliance with the present cut and fill policy. She suggested that consideration only in process for adjusting ordinances to cover this type of situation. She noted that the Council must consider applications in view of the ordinances currently on the books; when the ordinances are changed, situations could be reconsidered. Councilman Archambault read from the staff report, "This home could be developed with the same visual impact on the surrounding area with or without this cut waiver". It also stated, "If the pool area beyond the ten- foot cut is raised to maintain a maximum of ten feet, this house could be constructed with the same visual impact as a house in conformance with the Zoning Ordinance." Councilman Archambault asked why the developer didn't do that. Councilwoman Stevens noted that even though the cuts would not show after completion, her concern was the disturbance surrounding the construction of the home. Mr. Burkhardt noted no objections had been received from neighbors of that lot. Councilman Archambault asked if the owner had purchased additional hillside protection for lot disturbance. Mr. Burkhardt responded that Fire Rock Country Club held a bank of disturbance per the agreement with the Town of Fountain Hills, so they had the ability to continue to release disturbance areas on lots that might require additional disturbance. Initially, the lot was platted for 24,000 square feet of disturbance, and they were now proposing 31,000 square feet of disturbance. Councilman Kavanagh reminded the Council that the only area not in compliance was in the cut. Every inch of the cut was under the house, and because of the land bank. He suggested that the owner could conceivably spread the house out even more. However, this homeowner was building down as opposed to out and encroaching visually. He supported approving the request. A roll call vote was taken with the following results: Councilwoman Stevens Nay Councilwoman Nicola Aye Councilman Melendez Aye E:\BBender\Documents\Current Minutes 2003\8-21-03.doc Page 8 of 13 Vice Mayor Ralphe Nay Mayor Nichols Aye Councilman Kavanagh Aye Councilman Archambault Nay The motion CARRIED on a vote of 4 to 3. AGENDA ITEM #18 — CONSIDERATION OF APPROVING THE FINAL PLAT FOR THE "TREVINO BUSINESS CENTER" WHICH IS A 9-BUILDING OFFICE COMPLEX LOCATED AT THE NW CORNER OF TREVINO DRIVE AND SAGUARO BOULEVARD, AKA, 9700 SAGUARO BOULEVARD,CASE NUMBER S2002-55. Town Manager Pickering noted that this preliminary plat was approved in July with stipulations. Mr. Burkhardt presented the staff report and noted that staff, the developer, and the abutting commercial property owners had reached a mutually agreeable solution to the traffic improvements on Trevino Drive. He recommended approval with the stipulations. Councilman Archambault asked for details on the left-hand turn being constructed from the eastbound traffic on Shea Blvd., as well as information on the median on Shea being reconstructed. Mr. Burkhardt noted that the left- hand turn would eliminate the traffic problems into this commercial development and that it was seen as a part of the improvement process and not the obligation of the applicant. Councilman Archambault MOVED approval of the final plat. Councilman Melendez SECONDED the motion, and it CARRIED UNANIMOUSLY(7 to 0). Vice Mayor Ralphe Aye Mayor Nichols Aye Councilman Melendez Aye Councilwoman Nicola Aye Councilwoman Stevens Aye Councilman Archambault Aye Councilman Kavanagh Aye AGENDA ITEM#18— CONSIDERATION OF THE FINAL PLAT FOR PARCEL 6 EAGLES NEST,A 40-LOT SINGLE-FAMILY SUBDIVISION OF 66.92 ACRES LOCATED IN THE NORTHWEST AREA OF THE EAGLES NEST FINAL PLAT, CASE#S2002-45. Senior Planner Burkhardt presented the staff report along with a visual presentation depicting the proposed final plat. Staff recommended approval with stipulations. Councilman Archambault requested a discussion on the settlement agreement, specifically regarding the disturbance at the entrance area at Eagles Nest and a clubhouse with parking area. He questioned whether that lot was counted as a disturbance allowance or as "infrastructure". Attorney McGuire indicated that it was split, the portion used for the clubhouse having its own disturbance calculations. Mr. Burkhardt noted that staff had not taken it that far and was not prepared to answer that particular question,but Councilman Archambault noted that it had a bearing on the plat approval. Mr. Burkhardt indicated talks were in the preliminary stages and that the Town Council would make the final decision. Attorney McGuire noted that the parking area was the trailhead as well, and the shuffle of the parking/trailhead to a different location would now allow them to incorporated restrooms not otherwise allowable. There would be no bank for disturbance as in Fire Rock; disturbance must be allocated on all lots at the time of the building permit. Councilman Kavanagh asked if the developer was moving the public parking further into the development. Mr. Burkhardt responded that was conceptionally correct. E:\BBender\Documents\Current Minutes 2003\8-21-03.doc Page 9 of 13 Vice Mayor Ralphe suggested that the Council focus on the issues that Lot 60 would be a 2400' elevation, or one of the highest built on the mountain and Lot 61 was being proposed at a 2350' elevation. Mr. Burkhardt indicated that her summation was accurate. Vice Mayor Ralphe then indicated that in 2001 the Town Council approved the preliminary plat of the plan with several issues: the number of lots was agreed upon at that time and that there were elevation concerns for building higher on the mountain. She asked why the Council would allow one more house high on the mountain and get nothing for the people in return. Councilwoman Stevens indicated that there would be something received in return but questioned whether or not it was a good tradeoff. Councilman Archambault noted that Lot 60 had a larger disturbance area than was originally on the preliminary plat but was still within their allowable disturbance. Mr. Burkhardt noted that what was drawn in the preliminary plat was not necessarily to scale but was an estimation. Ben Dutton, MCO's representative, urged the Council to approve of the final plat with a 244-lot count (415 total lots in both projects per final settlement agreement) and with the improvements made by the developer. He briefly discussed MCO's development plans for the lots. Ms.Lori Ness, 14603 N. Fairlynn Dr. She urged caution, indicating that the developer was attempting to increase the number of homes. She noted that when the settlement agreement was discussed, she had argued against the maximum of 415 homes being built. She suggested that the Council see the specific plans for lots and requested that the plans be submitted in one picture. Councilman Kavanagh MOVED that the final plat be approved. Councilwoman Stevens SECONDED the motion. Councilman Archambault did not support the approval, noting the comment made by the MCO representative that they were losing a lot by placing a clubhouse on Lot 60,as opposed to just placing a structure on the lot. Vice Mayor Ralph indicated that the developer had not offered anything in return to the Town, and she suggested standing firm on the preliminary plat with no extra lot and lot configurations in accordance with the preliminary plat. Councilman Kavanagh found the revision acceptable and indicated that he would be voting for this. He reminded the Council that they were not voting for an extra lot—citing that the lots were capped at 415 and that the developer was simply moving them around. Councilwoman Stevens stated that she expected staff to keep track of the lots in this development, as there should be a maximum of 415. Councilman Melendez asked Town Manager Pickering if there would be a cost to the town for the improvements, or was the only cost to MCO. Pickering responded there wouldn't be any cost to the town. A roll call vote was taken, and the motion to approve the plat CARRIED with a vote of 5 to 2 as follows: Councilwoman Stevens Aye Councilwoman Nicola Aye Councilman Melendez Aye Vice Mayor Ralphe Nay Mayor Nichols Aye Councilman Kavanagh Aye Councilman Archambault Nay car E:\BBender\Documents\Current Minutes 2003\8-21-03.doc Page 10 of 13 AGENDA ITEM #19—CONSIDERATION OF THE FINAL PLAT FOR PARCEL 6 EAGLES NEST, A 13-LOT SINGLE-FAMILY SUBDIVISION OF 17.33 ACRES LOCATED IN THE NORTH AREA OF THE EAGLES NEST FINAL PLAT, CASE#S2002-18. Mr. Burkhardt presented the staff report noting the significance of this plat as providing public access to the existing trail running onto McDowell Mountain Park. Other than that, he noted that the plat was in substantial conformance with the preliminary plat and with the settlement agreement. Staff recommended approval with stipulations as listed. No questions were received from Council. Ben Dutton had requested to speak but noted that he had no further comment. Councilman Archambault MOVED to accept the final plat, and Councilwoman Nicola SECONDED the motion. There was no further discussion on the motion. The motion CARRIED unanimously. AGENDA ITEM #20 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND TO DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. Councilwoman Stevens when the new policies and procedures began. Attorney McGuire responded that it would into effect at the second Council meeting in September. Attorney McGuire noted that the public would see only changes to where the "Call to the Public" would be positioned. Councilwoman Stevens noted that she was anxious to begin. Vice Mayor Ralphe indicated that Attorney McGuire had suggested two changes involving how amendments were made and asked if those changes had been incorporated in the new policies and procedures, or whether that needed to return to Council for approval. McGuire noted that the first change was to eliminate something that didn't exist in the procedures - the "friendly amendment". A second was a request that the Council not invoke one procedural rule available, the "Amendment to an Amendment". He suggested that the Council consider and vote upon single amendments before another amendment was made. He asked Council their preference. Councilman Kavanagh noted that "amendments to amendments" were made when discussions start and a council member made a motion prematurely. Once that motion was made, it often needed to be tweaked with an amendment. He suggested that the Council discuss issues before motions are made, thereby eliminating amendments. Councilman Archambault requested a timeframe from the Town Manager on the Long-Term Planning Report from July 1. Mr. Pickering requested that this discussion be held under"Summary". AGENDA ITEM#21—CALL TO THE PUBLIC. There were no public speakers. AGENDA ITEM #22 — SUMMARY OF COUNCIL REQUESTS REVIEWED BY THE TOWN MANAGER. Town Manager Pickering noted a request from Councilman Archambault regarding Rural Metro reports. Two reports were due from Rural Metro, one on July 1 and one on September 1. A draft of the July report was received, and a final copy will be provided to the Council upon receipt. The September 1 report would also be forwarded to the Council when received. One report discussed the Town's four-year goals, and the other was a review of what had been accomplished to date as well as operational goals. Councilman Archambault also requested information on when the Council would review the Ethics Policy. Mr. Pickering stated that staff could prepare that within the next month if Town Council responded affirmatively, which they did. E:\BBender\Documents\Current Minutes 2003\8-21-03.doc Page 11 of 13 Additionally, Mr. Pickering noted that Councilman Archambault had requested whether or not the Town had received the $10,000 reduction on the lease on the Town ambulance. Rural Metro indicated that the Town had already been afforded the reduction. Pickering will forward Rural Metro's letter to the Council. `ivi'' Mr. Pickering discussed that a memorial to Paul Nordin had been referred to the Employee Benefits Committee for their suggestions. He noted that this Committee only meets quarterly, so he felt it would take approximately six months before there would be any proposals to review. Mr. Pickering noted that Councilman Archambault had asked whether the Town could review the option of operating their own refuse service,noting that the Town staff had spent a considerable amount of time reviewing options. The question had been posed to the town attorney as to whether or not the Town could legally recover maintenance costs through a business license or some other method. Mr. Pickering then suggested that the discussion should be held during the five-year financial discussion in September. Councilman Archambault advised Mr. Pickering that in practicing "due diligence", he would like to look at the other side of the prospective as a town under the population of 60,000 operating their own refuse service. Mr. Pickering noted that he would like to hear from the Council on whether or not they would like to pursue that subject, as it would be an arduous and difficult decision. Councilman Archambault also suggested Jerry Bacus be contacted because of his background on the subject. Mr. Pickering expressed that he was hesitate at having Bacus present at the first discussion and wanted to have definite direction from the Council on initiating project discussion. Mayor Nichols requested that Mr. Pickering provide the Council with pros and cons of both sides of the refuse issue before Council gives direction. Councilman Melendez asked Mr. Pickering if it was during the five-year- plan meeting that he wanted council members to discuss whether or not an alternate refuse system should be implemented. Mr. Pickering responded that was correct. Attorney McGuire noted that this item would fit in with the new procedures that would be implemented at the second meeting in September which would allow Councilman Archambault to place the item on the agenda as a discussion item to see if the rest of the Council would like to move forward on the subject. Mr. Pickering noted that the Council had requested that the Town Planning Department keep track of the number of Eagles Nest development lots to assure that they do not exceed their maximum. Councilwoman Stevens requested that Mr. Pickering return to the Council in the three months regarding timeliness of code enforcement. Mr. Pickering indicated that monthly code enforcement reports would be given in the departmental activity reports and that the consultant would provide his report at the conclusion of services. Councilwoman Nicola asked when quarterly updates on public safety and budget information would be provided. Mr. Pickering noted that these reports would be given after the first quarter, set tentatively for the first week in October. The reports would include finance,fire and law enforcement updates. AGENDA ITEM#23-ADJOURNMENT. Councilwoman Stevens MOVED adjournment at 8:50 p.m. Councilwoman Nicola SECONDED the motion, which CARRIED unanimously. E:\BBender\Documents\Current Minutes 2003\8-21-03.doc Page 12 of 13 TOWN OF FOUN AIN HI 1 � ' By: Wally N}� s,May ATTEST AND PREPARED BY: Bevelyn J. nd ,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Fountain Hills Town Council on the 215t day of August 2003. I further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of September 2003. Bevelyn J. Bend ,T n Clerk L L E:\BBender\Documents\Current Minutes 2003\8-21-03.doc Page 13 of 13