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HomeMy WebLinkAbout2013.0606.TCRM.Minutesz:\council packets\2013\r130620\130606m.docx Page 1 of 8
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
JUNE 6, 2013
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers
* INVOCATION – A moment of silence was observed by the Council and members of the audience.
* ROLL CALL
Present for roll call were the following members of the City Council: Mayor Kavanagh, Councilmember Leger*,
Councilmember Brown, Councilmember Dickey, Councilmember Yates, Vice Mayor Elkie, and Councilmember
Hansen. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also
present.
* Councilmember Leger participated in the entire meeting through the use of telephonic equipment.
* MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
The Mayor announced that Rural Metro has opened another fire station in Rio Verde and said that she attended the
grand opening celebration and tour of the facility along with residents in the area and said that it was a great
community event.
Mayor Kavanagh added that she also attended the monthly MAG (Maricopa Association of Governments) meeting
along with the monthly GPEC (Greater Phoenix Economic Council) Board of Directors' and Special Mayors' meeting.
She noted that these organizations have websites where all of the residents can read all of the business reports and
check out what they are doing. The Mayor thanked and congratulated all of the members of the Mayor's Youth
Council and said it has been a great year. She stated that she looks forward to seeing them all next year (except for
Sarah who will be going off to college and will be missed).
Mayor Kavanagh extended the Council's congratulations to all of the graduating seniors and wished them all the best
as they embark on their new life journeys.
Councilmember Dickey advised that she and a member of the Public Safety Advisory Commission attended a MAG
Committee meeting today and said that there may be some action items that the Council may want to take up. She
added that on the 18th they are going to attend a half-day training session so at some point perhaps she can give a
report on this.
The Mayor stated that Councilmember Leger's birthday was May 24th and Councilmember Brown's birthday was
June 2nd. She congratulated both of them and noted that her husband's birthday was yesterday and also wished him a
happy birthday.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
None.
CALL TO THE PUBLIC
None.
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CONSENT AGENDA
AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM MAY 6 AND 16, 2013.
AGENDA ITEM #2 – CONSIDERATION OF APPROVING THE CANCELLATION OF THE TOWN OF
FOUNTAIN HILLS JULY 2013 COUNCIL MEETINGS: JULY 4 (REGULAR SESSION); JULY 9 (WORK-
STUDY SESSION) AND JUNE 18 (REGULAR SESSION).
AGENDA ITEM #3 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION
SUBMITTED BY CHUN HAO CHEN, OWNER/AGENT OF MC GAGUARO II, LLC, DBA HAO A
RESTAURANT LOCATED AT 11849 N. SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ. THIS IS FOR
A SERIES 12 LICENSE (RESTAURANT).
AGENDA ITEM #4 - CONSIDERATION OF APPROVING A PERMANENT EXTENSION OF PREMISE
LIQUOR LICENSE APPLICATION SUBMITTED BY MERITA KRAYA, DBA EURO PIZZA CAFE, 12645
N. SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ 85268.
AGENDA ITEM #5 - CONSIDERATION OF APPROVING A TEMPORARY EXTENSION OF PREMISE
LIQUOR LICENSE APPLICATION SUBMITTED BY DAVID DRENTLAW ON BEHALF OF AMVETS
POST #7, 17030 E. ENTERPRISE DRIVE, FOUNTAIN HILLS, AZ 85268.
AGENDA ITEM #6 - CONSIDERATION OF APPROVING RESOLUTION 2013-30, ABANDONING
WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN PORTIONS OF THE CERAIN PUBLIC
UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE REAR PROPERTY LINE OF PLAT 505A,
BLOCK 3, LOT 6 (15657 E. GOLDEN EAGLE BOULEVARD) AS RECORDED IN BOOK 158 OF MAPS,
PAGE 40, RECORDS OF MARICOPA COUNTY, ARIZONA EA2013-05 (THOMAS & SUSAN SNOOK).
AGENDA ITEM #7 - CONSIDERATION OF AN EXTENSION OF THE SPECIAL USE PERMIT FOR
FIREROCK PLAZA (REPLAT 704, BLOCK 6, LOT 6) TO ALLOW A DRIVE-THRU WINDOW. CASE
#SU2007-04.
AGENDA ITEM #8 - CONSIDERATION OF AN EXTENSION OF THE SPECIAL USE PERMIT FOR
FIREROCK PLAZA TO HAVE EXTENDED HOURS OF OPERATION. CASE #SU2007-05.
AGENDA ITEM #9 - CONSIDERATION OF AN EXTENSION OF THE SPECIAL USE PERMIT FOR
FIREROCK PLAZA TO HAVE AN OUTDOOR PATIO/DINING AREA. CASE #SU2007-06.
AGENDA ITEM #10 - CONSIDERATION OF APPROVING RESOLUTION 2013-28, APPROVING A
MEMORANDUM OF UNDERSTANDING WITH THE OFFICE OF STATE FIRE MARSHAL RELATED
TO FIRE INSPECTION SERVICES.
AGENDA ITEM #11 - CONSIDERATION OF APPROVING THE AGREEMENT WITH THE GREATER
PHOENIX ECONOMIC COUNCIL ("GPEC"), FOR THE PURPOSE TO SET FORTHE THE REGIONAL
ECONOMIC DEVELOPMENT PROGRAM THAT GPEC AGREES TO UNDERTAKE, TH E SUPPORT
THAT THE TOWN AGREES TO PROVIDE, THE RESPECTIVE ROLES OF GPEC AND THE TOWN
AND THE PAYMENT OF THE TOWN TO GPEC IN THE AMOUNT OF $8,844.00 FOR THE FISCAL
YEAR JULY 1, 2013 - JUNE 30, 2014.
Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Dickey SECONDED
the motion.
There were no citizens wishing to speak on these agenda items.
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A roll call vote was taken as follows:
Councilmember Dickey Aye
Vice Mayor Elkie Aye
Councilmember Leger Aye
Councilmember Hansen Aye
Councilmember Yates Aye
Councilmember Brown Aye
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #12 - CONSIDERATION OF APPROVING ZAMOSC, POLAND AS THE FOURTH
SISTER CITY TO THE TOWN OF FOUNTAIN HILLS.
Town Manager Ken Buchanan advised that former Mayor Sharon Morgan, President of the Fountain Hills Sister
Cities organization, has a presentation she would like to highlight at this time. (Information on this item is available
in the packet on-line and in the office of the Town Clerk.)
Former Mayor Morgan requested that Mayor Kavanagh approach the podium and said that last year she had the
privilege of going to Jacksonville, Florida for the Sister Cities International Convention where the Town once again
was awarded the "Best Overall Programs" award for populations with less than 25,000 people. She noted that this is
the Town's second try at this and their second award and presented the award to Mayor Kavanagh.
Former Mayor Morgan announced that in the audience this evening is the Honorary Consul of Poland Bogumil
Horchem and requested that he come forward and present his remarks. Consul Horchem addressed the Council
expressed appreciation to the members of the Council and the Sister Cities' organization for the opportunity to appear
before them. He provided brief background information on the City of Zamosc, Poland, located in southeast Poland,
which was founded in the 16th century (with a population of approximately 66,000). He expressed his and the City of
Zamosc's excitement and enthusiasm about becoming the Town of Fountain Hills' fourth Sister City and said that it
will be a wonderful experience for the youths of Fountain Hills and Zamosc to experience the culture of both beautiful
cities and both countries.
Ms. Morgan introduced one of the Sister Cities' boardmembers, Lisa Loving, who shared some of her experiences
working with the Sister Cities organization (fundraising, humanitarian trips, etc.) and noted that students and their
chaperones pay their own expenses and any costs to the Town would be minimal and most likely not in this fiscal
year. She said that the Town has a large Polish representation, discussed the benefits of the proposal to all involved
and expressed strong support for moving forward with Council approval of this request.
Mayor Kavanagh thanked Ms. Loving for her input.
Former Mayor Morgan advised that the relatively close proximity of Zamosc to two of the Town's other Sister Cities
would afford youths the opportunity to visit Germany, Belgium and Poland. She pointed out that the city of Zamosc
approached the Town of Fountain Hills and she believes that this would be a great opportunity for y ouths from both
countries to benefit. She requested that the Council approve this request.
Enrique Melendez, Consulate of the Republic of El Salvador and Executive Director of the Consulate Corps of
Arizona, also addressed the Council and provided information on the Corps and noted that Poland has approximately
140,000 people living in the State of Arizona. He discussed the importance of engaging foreign countries to do
business with them and spoke in support of the Council approving the proposal being presented at this time.
Mr. Melendez also said that the Ambassador of El Salvador has instructed him to make a presentation to someone
who is in the audience this evening but unaware of the fact that this is going to happen and requested that Mayor
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Kavanagh assist him in this endeavor. He requested that Mr. Roy Kinsey approach the podium and stated that Mr.
Kinsey has been very supportive of El Salvador and the Sister Cities programs and presented him with a plaque on
behalf of the city of El Salvador, which declared him an honorary citizen of the Republic of El Salvador.
Mayor Kavanagh thanked former Mayor Morgan for her comments and said that she had researched Zamosc and it
appears to be a lovely, beautiful city with fabulous architecture. She stated that they are all very proud to have
Poland's Honorary Consul with them this evening.
Councilmember Dickey MOVED to approve the addition of Zamosc, Poland as the fourth Sister City to the Town of
Fountain Hills and Councilmember Hansen SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
Mayor Kavanagh thanked former Mayor Morgan for her efforts in this regard.
AGENDA ITEM #13 - CONSIDERATION OF THE SITE PLAN FOR "J7D PREMIER AUTO SALES," TO
LOCATE IN AN EXISTING RETAIL PLAZA. PROJECT LOCATED AT 11881 N SAGUARO
BOULEVARD. (APN #176-08-114) CASE #CP2013-01.
Senior Planner Bob Rodgers addressed the Council relative to this agenda item related to Section 12.02.D.7 of the
Fountain Hills Zoning Ordinance, which allows motor vehicle sales in the C-3 Zoning District if both the Planning &
Zoning Commission and Town Council approves the site plan. (The staff report is available on-line and in the office
of the Town Clerk.)
Mr. Rodgers advised that the applicant will occupy two of the four suites for an approximate square footage of 1,000
square feet (in the suites formerly occupied by Sunset Pools). He referred to slides that sh owed an aerial view of the
plaza and site layout and said that the proposal is to establish a vehicle display area in front of the plaza directly
adjacent to the frontage road. He stated that the display area is designed for five vehicles and does encroach into the
public right-of-way, up to the existing curb line. He pointed out that one additional display vehicle would also be
placed south of the southern entrance to the parking lot and both display areas will be appropriately striped and
signed. He added that tire stops will be installed in order to keep vehicles from overhanging into the travel way in a
manner similar to other locations nearby. He noted that the parking lot drive aisle will be one way and there will be
eight parking spots as required (no parking spots will be used for vehicle displays).
Mr. Rodgers informed the Council that the Planning & Zoning Commission voted to approve the site plan and staff
also recommends approval subject to the stipulations outlined in the staff report with one additional stipulation -- that
more landscaping be provided in the front where possible using the existing planters as well as possibly some new
planters or pots. He added that staff also recommends approval of the site plan subject to stipulations li sted in the
staff report and approved by the Planning & Zoning Commission. He indicated his willingness to respond to
questions from the Council.
Mayor Kavanagh thanked Mr. Rodgers for his presentation.
There were no citizens wishing to speak on this agenda item.
Vice Mayor Elkie MOVED to approve the Site Plan for J&D Premier Auto Sales at 11881 N. Saguaro Boulevard
subject to the stipulations outlined in the staff report and Councilmember Yates SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #14 - CONSIDERATION OF ORDINANCE 13-07, AMENDING THE FOUNTAIN HILLS'
TOWN CODE CHAPTER 6, RELATING TO DANGEROUS ANIMALS AND ANIMALS AS PRIZES.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and said that this item arose as a
result of live animals being given away at a local carnival event as inducement to enter a game of skill or chance. He
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noted that the proposed ordinance prohibits the use of animals, fish, fowl and insects as a prize or inducement for any
contest, game or other competition or as an inducement to enter a place of amusement. He stated that staff
recommends that the Council adopt the proposed ordinance.
Mayor Kavanagh advised that this ordinance came about as a result of her request and noted that State law already
bans the giving away of animals as prizes in games of chance. She said that a carnival that had come to Town had
found a loophole and gave live, full-grown rabbits away to children who managed to throw hoops around the necks of
bottles. She added that there were other games in which people could win turtles or a bag of fish. She stated that she
began to receive telephone calls from parents asking her what they were supposed to do with the rabbits and she found
a group called Tranquility Trails but they said that they had so many rabbits from this carnival that they couldn't take
any more. She stated that parents were quite angry -- they didn't want the pets, didn't have any food for them or
places for them to stay temporarily and were worried about diseases (rabbit fever, etc.). She further stated that turtles
carry a high risk of salmonella and the Federal government has actually banned the sale of turtles and since then have
predicted that they have prevented 100,000 instances of salmonella. She pointed out that the loophole is that the
government banned the "sale" and not the "winning" of these animals at a game of skill. She further sta ted that as far
as fish, after being carried home in a plastic bag they would be lucky if they lived until morning and it affects children
when they see the animals die. She advised that she tried to get a bill introduced and it was presented by State
Representative Kavanagh and it looked as though everyone was in agreement but a big lobbyist group starting
working against it and they could not obtain enough votes. She explained that this is why she has turned to the Town
and proposed that an ordinance be adopted that would prevent this types of things from occurring in the future.
In response to a question from Vice Mayor Elkie relative to Section 2.A. and the reasons behind adding the word
"impounded," Town Attorney Andrew McGuire stated that the addition is being proposed in order to try and align the
language a little bit better with what the County and State do as far as animals in this category. He added that staff
wanted to ensure that it was clear that the Town was following along the same lines as the County and State and it is
more of a conformity provision. Mr. McGuire briefly explained the impoundment process and what it entails.
Vice Mayor Elkie commented that he does not disagree with the spirit behind what is being proposed but said that to
him a sense of parental responsibility comes out. He added that he understands how people could be dismayed or
upset when their children come home with goldfish, turtles and rabbits but this is a personal responsibility on the
parents who should be monitoring the children to make sure they are not playing these games or bringing home these
pets. He said that he understands that sometimes parents drop their children off at these carnivals and things happen.
He advised that he is certainly in favor of amending Chapter 6 relative to regulating Dangerous Animals and Animals
as prizes but stated the opinion that it is unfortunate that the issue had to be brought to this level because parents
complained to the Town that their children went to a carnival and won these animals as prizes. He expressed the
opinion that this really falls back on the parents but the proposal is fine as far as what the Town is trying to do and
said that perhaps there were other ways this could have been addressed with the particular carnival owner.
Councilmember Hansen thanked the Mayor for bringing this forward.
Mayor Kavanagh advised that she did try to contact the carnival and some of the parents tried to return the animals
but by that time they were closed. She said that they really weren't trying to shirk their responsibility -- most of them
were calling her for help and asking if she knew any places they could go to for help, places that would take the
animals. She added that a lot of them just didn't want the rabbits to go in the washes because they were afraid they
would get eaten by coyotes and most didn't expect this type of thing to be going on today. She noted that she called
Mayor Lewis of Gilbert because the Town was going to be holding its Rodeo Days event and told him that the
carnival was going to be giving away live animals as prizes and he was shocked. She explained that this is actually
just closing a small loophole (games of chance versus games of skill). She said that she too hopes that parents are
responsible.
Mayor Kavanagh MOVED to approve Ordinance No. 13-07, amending the Fountain Hills' Town Code, Chapter 6,
relating to regulating Dangerous Animals and Animals as prizes and Councilmember Hansen SECONDED the
motion.
There were no citizens wishing to speak on this agenda item.
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The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #15 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 13-08, A
PROPOSED AMENDMENT TO SECTION 3.08.H - LOT PLANNING, OF THE TOWN OF FOUNTAIN
HILLS' SUBDIVISION ORDINANCE AND TO SECTION 5.03B - REDIVIDING OF RECORDED LOTS,
OF THE TOWN OF FOUNTAIN HILLS' ZONING ORDINANCE. APPROVAL OF THE AMENDMENT
WILL DELETE SECTIONS FROM THE ORDINANCES.
Mayor Kavanagh declared the public hearing open at 7:12 p.m.
Senior Planner Bob Rodgers addressed the Council relative to this agenda item and stated that the amendments were
initiated by the Planning & Zoning Commission at their regular meeting on March 14th. He explained that the
Council originally adopted these two sections in 2000 and the stated purpose at the time, in both cases, was to ensure
compatibility with surrounding private properties. (The staff report is available on-line and in the office of the Town
Clerk.)
Mr. Rodgers stated that the proposal is to delete these two sections in their entirety and advised that during
discussions, member of the Commission expressed concerns that these regulations are not uniform in their effects on
all properties within the same area and actually unfair to some properties due to large adjacent parcels. He added that
the Commission noted that the standard bulk and coverage controls of the underlying zoning districts, such as building
setbacks, lot coverage maximums and disturbance allowances should be sufficient and that these particular ordina nce
sections are over burdensome. He reported that over the last eight years staff has dealt with eight cases, in which
these issues have been factored, seven of which were small and one was a 29-acre subdivision parcel that was
ultimately rezoned from R-135 up to R-143 in order to bypass these specific ordinance requirements.
Mr. Rodgers said that although issues do not arise on a frequent basis, in the interest of fairness the Planning &
Zoning Commission has forwarded their recommendation to Council to approve the proposal. He noted that staff also
recommends approval of this request.
Mayor Kavanagh thanked Mr. Rodgers for his presentation.
There were no citizens wishing to speak on this agenda item.
Mayor Kavanagh declared the public hearing closed at 7:15 p.m.
AGENDA ITEM #16 - CONSIDERATION OF ORDINANCE 13-08, A PROPOSED AMENDMENT TO
SECTION 3.08.H - LOT PLANNING, OF THE TOWN OF FOUNTAIN HILLS' SUBDIVISION
ORDINANCE AND TO SECTION 5.03B - REDIVIDING OF RECORDED LOTS, OF THE TOWN OF
FOUNTAIN HILLS' ZONING ORDINANCE. APPROVAL OF THE AMENDMENT WILL DELETE
SECTIONS FROM THE ORDINANCES.
(For discussion on this item, please see Agenda Item #15 above.)
Councilmember Yates MOVED to approve the proposed ordinance amendments by deleting Fountain Hills
Subdivision Ordinance - Section 3.08.H and Fountain Hills Zoning Ordinance - Section 5.03.B as presented and
Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #17 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY
ITEM INCLUDED IN THE ARIZONA LEAGUE OF CITIES AND TOWNS WEEKLY LEGISLATIVE
BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE
LEGISLATURE.
Mr. Buchanan advised that there is nothing new to report on the TPT (Transaction Privilege Tax). He said that there
has been a request for the Council to discuss consideration of a resolution at the League of Cities & Towns regarding
support for the legislature to stop the sweeps of HURF (Highway User Revenue Funds) that are allocated to the cities
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and towns and to restore HURF funds to their 2008 level. He noted that the resolution is being proposed by the City
of Yuma. He requested input relative to whether the Council would like to add their support to this proposal.
Councilmember Dickey stated that this year it is too late to do anything because of the budget but there is some
interest in pursuing this next year. She added that she believes the proposal presented by the City of Yuma appears
quite reasonable and she believes 2008 is a great year to aim for (sweeps were within the $20 million statutory range).
She said when the recession hit, huge sums of money were taken away (at one point up to $200 million). She stated
that as the Town has been concentrating on the roads (they are going to have a $2 million budget focusing on the
roads next year and they are asking the voters to support a bond to fix Saguaro), it would be a responsible thing for
them to do as far as their taxpayers and the Town itself (request that funding that is specifically allocated for that
purpose be restored).
Councilmember Dickey MOVED to direct the Town Manager to inform the League that the Town of Fountain Hills
would like to co-sponsor the resolution submitted by the City of Yuma (to stop future sweeps of HURF funds
allocated to Arizona cities and towns and to restore HURF funding to the FY 2008 funding levels) and Vice Mayor
Elkie SECONDED the motion.
Councilmember Dickey noted that there are other cities that also want to join with the City of Yuma in this endeavor.
The motion CARRIED UNANIMOUSLY (7-0).
Vice Mayor Elkie stated that he thinks this is a great thing for the Town to join in on and he is proud of the Council
for their unanimous vote on this item. He spoke in support of pushing back at times on some of the things that the
State legislature is doing as far as the budget is concerned. He said that with the downturn in the economy he can see
why some things were done but restoring the HURF monies will make it easier for the Town to balance their budget.
He noted that there are a number of things that the Town needs to take care of and the funds should be coming to them
anyway. He added that hopefully this will get some momentum going.
Councilmember Dickey commented that the last time they discussed this they didn't have a figure but they thought it
could be up to around $135,000.
Mayor Kavanagh advised that she will be sitting on the Resolutions Committee meeting for the League of Cities &
Towns that is coming up in August and she will be presenting this and discussing this on behalf of the Town of
Fountain Hills.
AGENDA ITEM #18 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN
BUCHANAN.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council.
A. None.
AGENDA ITEM #13 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE TOWN MANAGER KEN BUCHANAN.
None.
AGENDA ITEM #14 - ADJOURNMENT
Councilmember Hansen MOVED to adjourn the meeting and Councilmember Brown SECONDED the motion,
which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:21 p.m.
TOWN OF FOUNTAIN HILLS
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By _______________________________
Linda M. Kavanagh, Mayor
ATTEST AND
PREPARED BY:
_________________________
Bevelyn J. Bender, 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 in the Town Hall Council Chambers on the 6th day of June, 2013. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 20th day of June, 2013.
_____________________________
Bevelyn J. Bender, Town Clerk