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Home My WebLink About2003.0904.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 4,2003 Mayor Nichols called the meeting to order at 6:30 p.m. Following the invocation by Mayor Nichols, 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, Councilwoman Nicola, Vice Mayor Ralphe, Town Attorney Andrew McGuire, Town Manager Tim Pickering, Senior Planner Dana Burkhardt, and Bevelyn Bender,Town Clerk. Councilman Melendez was absent. The Mayor reviewed the process the public would follow prior to speaking on an agenda item. LEGISLATIVE UPDATE: Mayor Nichols stated that the Council would like to have periodic Legislative updates from one of the Town's representatives, State Senators, one of the Commissions, or a Federal Legislator. He stated that today they were very pleased to introduce State Representative Colette Rosati who represents Fountain Hills, who would provide a brief Legislative update. Representative Rosati thanked the Mayor and Council for inviting her and stated that she was sworn into office last November. She commented that the number one problem facing them this year was the budget and added that a large deficit still existed. She encouraged the members of the Council and the citizens of Fountain Hills to contact her and let her know what could be done for them, what they would like to see accomplished on the State level. She said she spoke with one gentleman in the parking lot who emphasized the importance of preserving open space and said that this was the type of input that she would like to receive. Representative Rosati added that when requests were made for funds, it was extremely important to prioritize the needs since limited funds existed. She said that there were only two ways to "balance the checkbook" at the State level -- cut back on services or raise taxes and she said she was not in favor of raising taxes. She encouraged everyone to share with her what she could do for them and said she could be reached at the State Capitol E-mail address crosati@azleg.state.az.us. She added that she preferred phone calls and could be reached during the day at 602-542-5169. She also commented on the fact that the State was "land rich" and as the gentlemen she spoke with said, there was some raw land that was in danger of being sold. She added the State was going to be in the business of selling land and she was concerned that there was only one month before this piece of property was released from being a preserved area. She indicated her intention to see what could be done but said that they were going to have to work fast. Representative Rosati discussed her interest in open space. She had learned from an attorney who lives in her area that legislation had been brought forward in other states whereby people who donated large parcels of land were given a tax incentive so rather than selling their land to private developers, the State issued them a tax credit and open spaces were thereby preserved. She stated that this might be some legislation that she introduced in the Fall. Representative Rosati also invited everyone to come to the State Capitol for a tour and said that within the next few weeks they would be having a special exhibition of the Declaration of Independence, which was E:\BBender\Documents\Current Minutes 2003\09-04-03.doc Page 1 of 5 Page 1 of 5 traveling all over the county, and would be open to the public on weekends as well. She noted that the exhibit was free and very worthwhile. Mayor Nichols thanked Representative Rosati for attending the meeting this evening and presented her with a Fountain Hills pin as a token of the Council's appreciation. RECOGNITION ITEMS: Mayor Nichols read two Proclamations The first Proclamation declared the month of October 2003 as "McDOWELL MOUNTAIN MONTH," and The Mayor added that the Fountain Hills McDowell Mountain Preservation Commission had planned several events including public assemblies and scheduled hikes. He said it was his honor to declare the month of October as McDOWELL MOUNTAIN MONTH and called upon all citizens to take time during the month to appreciate the beauty of this community treasure. The Mayor also read the second Proclamation, recognizing September 15, 2003, as the Yavapai Nation's 100-year birthday. The Mayor stated that the Town of Fountain Hills would like to formally commemorate the Nation's 100 years of struggle and success. He urged all citizens to join him in celebrating with their neighbors, the Fort McDowell Yavapai Nation, in their centennial day celebration on Monday, September 15,2003. (Both proclamations are on file in the Clerk's office.) CONSENT AGENDA: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF AUGUST 12 AND AUGUST 21,2003. AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE LIQUOR LICENSE APPLICATION SUBMITTED BY "MIKE'S AT THE FOUNTAIN" LOCATED AT 16872 AVENUE OF THE FOUNTAINS. THE APPLICATION IS FOR A CLASS 12 LICENSE. AGENDA ITEM#3 - CONSIDERATION OF A SPECIAL EVENT APPLICATION SUBMITTED BY THE CHAMBER OF COMMERCE FOR THE THANKSGIVING DAY PARADE SCHEDULD TO BE HELD FROM 9:00 A.M. TO 11:00 A.M. ON THURSDAY, NOVEMBER 27, 2003. AGENDA ITEM#4- CONSIDERATION OF A SPECIAL EVENT APPLICATION SUBMITTED BY THE CHAMBER OF COMMERCE FOR THE FOUNTAIN FESTIVAL SCHEDULED FOR FRIDAY,SATURDAY AND SUNDAY,NOVEMBER 14, 15,AND 16,2003 FROM 10:00 A.M.TO 5:00 P.M. THE EVENT WILL REQUIRE THE CLOSURE OF SAGUARO BOULEVARD FROM EL LAGO TO PARKVIEW AND THE AVENUE OF THE FOUNTAINS FROM SAGUARO TO LA MONTANA. AGENDA ITEM #5 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY BRUCE THULIEN FOR THE VETERANS OF FOREIGN WARS, POST 7507, 15759 MUSTANG DRIVE. THE REQUEST IS FOR A FUNDRAISER TO BE HELD IN CONJUNCTION WITH THE FALL FESTIVAL SCHEDULED FOR NOVEMBER 14 THROUGH 16,2003 FROM 10:00 A.M.TO 6:00 P.M. AGENDA ITEM #6 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY BRUCE THULIEN FOR THE VETERNS OF FOREIGN WARS, POST 7507, 15759 MUSTANG DRIVE. THE REQUEST IS FOR A FUNDRAISER TO BE HELD IN krw CONJUNCTION WITH THE GREAT FAIR SCHEDULED FOR FEBRUARY 27, 2004 THROUGH 29,2004,FROM 10:00 A.M.TO 6:00 P.M. E:\BBender\Documents\Current Minutes 2003\09-04-03.doc Page 2 of 5 Page 2 of 5 AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 2003-51 APPROVING THE IGA WITH MARICOPA COUNTY REGARDING THE USE OF COUNTY ANIMAL SHELTERS. AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 2003-48 ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE WESTERLY PROPERTY LINE OF LOT 10, BLOCK 2, PLAT 505C (16432 N. KIM DRIVE) AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA WITH STIPULATION. EA03-11 STEVE REINER. AGENDA ITEM #9- CONSIDERATION OF RESOLUTION 2003-52 REPEALING RESOLUTION 2003-34 AND ABANDONING THE FINAL PLAT OF COYOTE RUN AS RCORDED IN BOOK 381, PAGE 33, OF THE RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 2003-44 AMENDING THE ADOPTION AGREEMENT FOR THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN. AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 2003-45 AMENDING THE ADOPTION AGREEMENT FOR THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN AND TRUST FOR THE TOWN MANAGER. AGENDA ITEM #12 - CONSIDERATION OF RESOLUTION 2003-46 AMENDING THE ADOPTION AGREEMENT FOR THE ICMA RETIREMENT CORPORATION 457 DEFERRED COMPENSATION PLAN. AGENDA ITEM #13 - CONSIDERATION AND POSSIBLE APPROVAL OF A TOLLING AGREEMENT AND STANDSTILL AGREEMENT RELATING TO THE LGIP LAWSUIT AGAINST NCFE. Councilman Archambault MOVED to approve the Consent Agenda as read (Items 1 through 13) and Councilwoman Nicola SECONDED the motion. A roll call vote was taken with the following results: Councilwoman Stevens Aye Councilman Kavanagh Aye Councilwoman Nicola Aye Mayor Nichols Aye Vice Mayor Ralphe Aye Councilman Archambault Aye The motion CARRIED UNANIMOUSLY by those present(6 to 0). AGENDA ITEM #14 -CONSIDERATION OF THE FINAL PLAT FOR PARCEL 9 AT EAGLES NEST, A 26 LOT SINGLE FAMILY SUBDIVISION OF 48.71 ACRES LOCATED IN THE CENTRAL AREA OF THE EAGLES NEST FINAL PLAT, CASE#52002-27. Senior Planner Dana Burkhardt stated that this item involved Parcel 9, which was located in the northern portion of Eagles Nest, and which contained 26 single-family lots. He referred to slides displayed in the Council Chambers and said that the proposal generally conformed to the Preliminary Plat and the Settlement Agreement in the subdivision ordinance and all other applicable ordinances and agreements. He commented that at the last meeting Councilwoman Stevens requested a running total or tally to keep track of where they were as far as conformance with the disturbance allocations in these mountain plats. He reported that with the approval of this case this evening, there would be 79 lots approved totaling E:\BBender\Documents\Current Minutes 2003\09-04-03.doc Page 3 of 5 Page 3 of 5 1,807,200 square feet of disturbance allocated. He added that he did an average of the remaining area and it equaled approximately 22,658 square feet per lot remaining. He stated that Staff believed they were on track and were recommending approval. Mayor Nichols asked whether any members of the Council or the audience wished to speak on this agenda item. There being none, the Mayor called for a motion. Councilwoman Stevens MOVED and Councilwoman Nicola SECONDED a motion to approve the Final Plat for Parcel 9 at Eagles Nest: The motion CARRIED UNANIMOUSLY by those present(6 to 0). AGENDA ITEM #15 - CONSIDERATION OF RESOLUTION 2003-47 ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHWESTERLY AND SOUTHERLY PROPERTY LINES OF LOT 10, BLOCK 3, PLAT 206 (16515 LOST ARROW DRIVE) AS RECORDED IN BOOK 147 OF MAPS, PAGE 2, RECORDS OF MARICOPA COUNTY,ARIZONA, WITH STIPULATION. EA03-10-DEERFIELD HOMES LTD. Councilwoman Stevens indicated that she had a potential conflict of interest in connection with this agenda item and for that reason she would abstain from discussing and/or participating in any manner in this issue. She excused herself and left the dais. Town Manager Tim Pickering stated that this was a standard, typical abandonment that the Town did on several areas throughout the Town. He explained that they placed it on the Regular agenda because Staff realized that Councilwoman Stevens had asked that she not be involved in the discussion. There being no questions from the Council or the public, the Mayor asked for a motion on this agenda item. Councilmember Archambault MOVED and Councilman Kavanagh SECONDED a motion to approve Resolution 2003-47. The motion CARRIED UNANIMOUSLY by those present and voting(5 to 0). AGENDA ITEM #16 - CONSIDERATION OF A CUT AND FILL WAIVER TO PERMIT 16- FOOT MAXIMUM CUTS FOR THE DEVELOPMENT OF A SINGLE FAMILY RESIDENCE LOCATED AT 14520 N. QUARTZ COURT, AKA FINAL PLAT OF SHADOW CANYON AT SUNRIDGE CANYON LOT 11A. CASE NUMBER CRW 2003-05. Town Attorney Andrew McGuire informed the Council that a request had been received from the applicant to continue this case to the next Regular Council Meeting in two weeks (September 18th) to allow time to resolve remaining issues. Councilwoman Stevens MOVED and Vice Mayor Ralphe SECONDED a motion to continue this agenda item to the next Regular Council Meeting. The motion CARRIED UNANIMOUSLY by those present(6 to 0). AGENDA ITEM #17 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. E:\BBender\Documents\Current Minutes 2003\09-04-03.doc Page 4 of 5 Page 4 of 5 Councilwoman Nicola said she would like to take this opportunity to let everyone know that the Call to the Public would be at the beginning of the agenda beginning at the next meeting. She stated that this Lir would allow citizens to come to talk about items that were not on the agenda at the beginning of the meeting so they would not have to wait until the end of the meeting to speak. AGENDA ITEM#18- CALL TO THE PUBLIC: There were no citizens present wishing to speak at this time. AGENDA ITEM #19 - SUMMARY OF COUNCIL REQUESTS REVIEWED BY THE TOWN MANAGER. There were no requests to be reviewed at this time. AGENDA ITEM#20-ADJOURNMENT Councilwoman Stevens MOVED that the Council adjourn and Councilman Archambault SECONDED the motion, which CARRIED UNANIMOUSLY by those present.The meeting adjourned at 6:55 p.m. TOWN OF FOUN .AIN HILLS By: lly Nic Mayor ATTEST AND PREPARED BY: Bevelyn J. "lider!Town Clerk 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 4th day of September 2003. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of September 2003. I, Bevelyn/1. B5 ider,Town Clerk Caw E:\BBender\Documents\Current Minutes 2003\09-04-03.doc Page 5 of 5 Page 5 of 5