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HomeMy WebLinkAbout2014.0501.TCREM.Minutesz:\council packets\2014\r140605\140501m.docx Page 1 of 16
TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
MAY 1, 2014
EXECUTIVE SESSION
* CALL TO ORDER
Mayor Kavanagh called the Executive Session to order at 5:30 p.m. in the Fountain Conference Room - 2nd Floor.
AGENDA ITEM #1- ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO
A.R.S. §38-431.03(A)(4), DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC
BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE
PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF
NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT
DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION. (SPECIFICALLY,
NEGOTIATIONS WITH THE DEVELOPER REGARDING ADERO CANYON.)
ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor Linda
Kavanagh, Councilmember Ginny Dickey, Councilmember Dennis Brown, Councilmember Yates, Councilmember
Elkie and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew McGuire, and Town
Clerk Bevelyn Bender were also present.
Councilmember Yates MOVED to go into Executive Session at 5:30 p.m. and Councilmember Dickey SECONDED
the motion, which CARRIED UNANIMOUSLY by those present (6-0).
AGENDA ITEM #2 - ADJOURNMENT.
Without objection, the Executive Session adjourned at 6:15 p.m.
REGULAR AGENDA
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:36 p.m. in the Town Hall Council Chambers.
* INVOCATION – Pastor Stan Jones, Fountain Hills Presbyterian Church
* ROLL CALL
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Councilmember
Ginny Dickey, Councilmember Dennis Brown, Councilmember Cecil Yates, Vice Mayor Hansen, Councilmember
Elkie and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town
Clerk Bevelyn Bender were also present.
* MAYOR’S ACTIVITY REPORT
See below under the Mayor's remarks relating to Economic Development.
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SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(Items on the agenda were discussed out of order but for purposes of clarity will remain as listed on the agenda.)
i) The Mayor may review recent events attended relating to Economic Development.
The Mayor announced that she will combine both reports (the Mayor's Activity Report and the update on recent events
relating to Economic Development) in the interest of saving some time.
Mayor Kavanagh stated that no big issues were discussed at the MAG (Maricopa Association of Governments)
meeting. She said that the meeting updated the attendees on some new features made to the interactive maps that the
Town has already started to use. She advised that these online maps will save time gathering data about Fountain Hills
and the surrounding area that can be used by their Economic Development Director, Scott Cooper. She noted that
there are also improvements to the business-to-business interactive maps that the business community can take
advantage of. She reported that there was an update by Amy St. Peter, who directs the senior transportation issues, and
added that at her request Amy came out to Fountain Hills and met with Ken Buchanan and staff to offer her expertise
in this area. She said that she has pledged to work with the Town as they try to find more transportation options for
their seniors and disabled residents. She emphasized that they need to take advantage of any services offered by
organizations such as MAG and added that their tax dollars pay for the studies and their staff and they have offered
help at any time to assist the Town. She further stated that MCSO (Maricopa County Sheriff's Office) held its
quarterly meeting and the news was good as far as crime being low in Town as opposed to many areas in the Valley.
She stated that the Captain also detailed the new Federal guidelines that his deputies must follow. She advise d that
residents are still concerned about the speeding on the roads and brought that issue up once again. She noted that the
Noon Rotary had as its guest County Attorney Bill Montgomery, who brought the group up -to-date on the operation of
his new office, new programs he's initiated and his office's success in reducing crime. The Mayor advised that it was a
great complement to the MCSO report. She reported that the bronze sculpture, Fred and Ginger, donated by Town
residents Walter and Betty Martin was dedicated and turned over to the Town. She further stated that the L. Alan
Cruikshank River of Time Museum had the opening of its new Ranching Exhibit. She reported that their own resident,
famous western artist and historian Carlos Hadaway, also known as "The Arizona Kid," dazzled the crowd with his
stories about the old P-Bar Ranch that was located right here before Fountain Hills existed and the ranching history of
the surrounding areas.
ii) Recognition of State Representative John Kavanagh for being awarded the Arizona League of Cities and
Town's Champion Award.
Mayor Kavanagh announced that Rene Guillen, the Legislative Director for the League of Arizona Cities and Towns ,
was present and introduced him.
Mr. Guillen advised that every year the League recognizes Legislators who are sympathetic or represent their cities and
towns and vote in ways that help to ensure that the cities and towns remain vibrant and successful in Arizona. He said
that in 2013 tax reform (TPT reform) was a critical iss ue for cities and towns and was probably one of the ten poll
issues that they faced in recent memory. He stated that towns like Fountain Hills in particular were at risk of losing
significant revenue streams because of some of the proposed changes. He reported that thankfully they were able to
adopt reforms that were meaningful and also preserved those revenue streams that cities and towns rely on. He
advised that Representative Kavanagh was a paramount aspect of their efforts on that bill and the two of them spent
countless hours discussing strategies, providing outreach and education to Legislators, etc. He noted that given the
importance of the issue and their ability to have Representative Kavanagh as a Legislator that they can go to and who
has an "open door" policy, he is very pleased to present Representative Kavanagh with the 2013 Champion of the
League of Cities and Towns Award (Mr. Guillen presented Representative Kavanagh with the award).
State Representative John Kavanagh expressed his appreciation to the League of Cities and Towns for this honor and
stated that he spent three years on a Town Council back east and he spent six years on the Fountain Hills' Town
Council so he is certainly cognizant of the issues and concerns of the Town Council. He added that on the "biggies" he
tries to be there for the Town and it worked out very well and also expressed his appreciation to the Council.
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Mayor Kavanagh thanked the League for keeping the Town up-to-date on all the bills and for all the Monday
telephone calls. She said that they really did a fabulous job and she looks forward to the League Conference this
summer.
CALL TO THE PUBLIC
Town Clerk Bev Bender stated that one citizen wished to speak under this agenda item.
Linda Bordow addressed the Council and said that she wanted to address something that was going around on
Facebook and the Fountain Hills' Connection. She advised that there were a lot of people saying the trees went down
at the Fountain and some of them were shocked and acted like they had not heard about this before. She noted that a
lot of them said that the Council was not doing a good job of informing the public and she said that she responded on
Facebook and wrote about all of the things that the Council is required to do to notify people. She added that she
encouraged the residents and others who have an interest in what is going on in Town to log into the website
(fh.az.gov), pull up the meeting minutes and look at what is going on in the Town. She stressed that it is real ly up to
the residents to find out what is going on in Town and stated that they can read the packets too and see all of the
information on the different items. She added that then they can voice their opinions like people are going to do at the
public hearings that will be held later on in the meeting. She said it is important for people to voice their concerns
before items are voted on.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM APRIL 17, 2014.
AGENDA ITEM #2 - CONSIDERATION OF A FINAL REPLAT AT 15552, 15538 & 15524 E. PALATIAL
DRIVE; AKA PALATIAL ESTATES LOTS 17, 18 & 19 (APN'S 176-13-975, 176-13-976, 176-13-977).
AGENDA ITEM #3 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION
SUBMITTED BY JOHN HOSOO PARK, OWNER/AGENT OF KATANA, LOCATED AT 16425 E.
PALISADES BLVD., SUITE 103, FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES 12 LICENSE
(RESTAURANT).
Councilmember Yates MOVED to approve the Consent Agenda as listed and Vice Mayor Hansen SECONDED the
motion.
A roll call vote was taken with the following results:
Mayor Linda Kavanagh Aye
Councilmember Ginny Dickey Aye
Councilmember Dennis Brown Aye
Councilmember Cecil Yates Aye
Vice Mayor Cassie Hansen Aye
Councilmember Tait Elkie Aye
Councilmember Henry Leger Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #4 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE
POTENTIAL TO COMBINE THE COMMUNITY SERVICES DEPARTMENT'S ADVISORY
COMMISSIONS.
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Town Manager Ken Buchanan advised that during the January Retreat, staff was directed to look into some
consolidation for the Town's advisory boards. He added that Mr. Mayer was charged with reviewing this with a
number of the Chairs of the Commissions and he has a report to present to the Council tonight.
Community Services Director Mark Mayer addressed the Council relative to this agenda item and reiterated that staff
was charged to work with the various commissions that they are responsible for -- the Community Center Advisory
Commission, the Senior Services Advisory Commission, the Parks & Recreation Commission and the McDowell
Mountain Preservation Commission to see if their feelings mirrored those of Town staff as far as the possibility of
doing some consolidation. He said that staff did meet several times with the Commission Chairs and reached the
consensus that they were supportive of the recommendations presented by staff with one caveat -- the McDowell
Mountain Preservation Commission was agreeable to combining with the other Commissions but wanted to wait until
the trailhead in Adero Canyon was developed or until December 31, 2017, whichever came first. He added that after
that last discussion, staff approached each of the Commissions individually and brought this potential topic to them.
He stated that he is pleased to report that each of them voted unanimously to support staff's recommendations as
presented.
Mr. Mayer further stated that he is there this evening basically for two things:
1) Direction from the Council on the possibility of taking this information back and working with the Town Attorney
to come back with a resolution (for the consolidation of the Commissions as outlined) that would be considered
by the Council at their June 5th meeting; and
2) That staff develop a new set of by-laws that would address the responsibilities of the newly-created Community
Services Advisory Commission's scope and their role, which would also be brought back at the June 5th meeting
for the Council's consideration.
Mr. Mayer briefly highlighted a PowerPoint presentation on this issue (Copy available on line and in the office of the
Town Clerk) and indicated his willingness to respond to questions from the Council. He also said that he believes
most of the Commissioners are present this evening.
Mayor Kavanagh advised that she has really been in favor of this not only because of the staff time that was being used
but also because she heard from many of the Commissioners that in the smaller Commissions they did not have a lot to
do and they just wanted to do more. She stated her belief that this will generate more interest.
Councilmember Leger said that he knows this is something that Mr. Mayer has been looking at for years and he put
together a tremendous process. He thanked him for the great job he did on putting this all together.
Councilmember Leger MOVED to direct staff to work with the Town attorney to prepare a resolution for Council
consideration at their June 5th meeting and to prepare by-laws for the new Community Services Advisory Commission
and Councilmember Elkie SECONDED the motion.
There were no citizens wishing to speak on this item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #5 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING PHASE VI
OF THE IMPROVEMENTS TO FOUNTAIN PARK SPECIFIC TO BOLLARDS ALONG THE SIDEWALK
AND SIGNAGE.
Mr. Buchanan advised that they previously reviewed the final phase (Phase VI) of the improvements to Fountain Park
and staff was directed to bring back a few items for further discussion and consideration (the lighting of the path, the
type of bollards to be used and the signage).
Mr. Mayer addressed the Council relative to this agenda item and said that at the last meeting there was discussion
about the contract for the park's next and final phase (Phase VI). He noted that there were two items that led to some
discussion -- staff was asked to come back and bring some additional information on those items before the Council.
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He said the first item that had some discussion was the size and type of bollards that would be used along the sidewalk
and referred to a cut sheet, part of the presentation (Copy available on line and in the office of the Town Clerk) that
was provided by the architect that depicted the proposed bollard. He reported that it is a relatively small 42" high
bollard, but most importantly it is aluminum construction, which is basically impervious to salt water. He stated that it
is designed for salt environments, beach settings and coastal areas. He noted that staff has been looking at one other
type that might be substituted for this one and that is a stainless steel model for the same salt-related reasons.
Mr. Mayer further stated that secondly, there was some discussion about signage and he referred to slides in the
presentation depicting proposed signs. He reported that three signs are being proposed and they have been trying to
come up with a scenario whereby they could blend to the extent possible, a potential sign into the monument signs that
are also being proposed. He added that they also asked the architect to take a look at what they could do to soften the
outline of the signage and again referred to the renderings.
He discussed signage sizes, proposed locations and lettering and said that because of the number of events the Town
had this spring; it was a real good opportunity to get some feedback from some people. He advised that he was
amazed at the number of people who walked by and asked questions about activities in the park because they weren't
aware of them. He added that the sign would shut down at 10:00 p.m. and indicated his willingness to respond to any
questions.
In response to a question from the Mayor, Mr. Mayer reported that that the sign is actually curved and it was proposed
to be at a 45 degree angle at the southeast corner of that intersection on Saguaro and Palisades.
Councilmember Yates said that when Mr. Mayer states that the sign would turn off at 10:00 p.m. he means it would go
to static -- there would just be a shingle on there, whether it be "Fountain Park" or the nex t event and Mr. Mayer
concurred with that statement and added that he believes they also have the capability of making it go black. He stated
that if Council would prefer that, staff would take care of it.
Vice Mayor Hansen advised that here only concern is that at 11 to 12 feet it would be sticking out like a sore thumb
(very high). She asked if there was a reason they are proposing that height, such as visibility.
Mr. Mayer replied that visibility was part of the concern and also they wanted to put so me vegetation around the back
that would block that a little bit. He added that because it is a little bit of a distance into the park they wanted to raise it
up so regardless of what corner people are coming from or the distance they are traveling from, it would be pretty
visible.
Councilmember Brown commented that he likes everything that is being presented but said it looks like a big, giant
TV and he thinks the monitor itself could have a little more design put into it so it didn't look just like a TV mounted
on top of a sign. He said he also thinks that staff could do a little mock up and show the Council what 11 feet looks
like in a large open space because in a large open space he doesn't feel that it will be as high as it would be against a
building (a small mock up might put the Council at ease).
Councilmember Leger said that he will refer to the Fountain Park sign as the monument Sign and then they also have
the LED sign. He asked what the costs were for both the monument and LED signs.
Mr. Mayer reported that the monument sign cost $60,000 and the LED sign cost $30,000.
Councilmember Leger expressed concern regarding the costs in view of the other needs that he sees at Fountain Park.
He further stated that he is not a proponent of LED signs in the Downtown area and added that he believes they add an
ambiance that is not characteristic of the park and their natural environment. He pointed out that the one they do have
is constantly creating havoc and feedback from the residents and he feels that the $66,000 could be spent in a better
way. He added that the monuments signs are extremely attractive.
Councilmember Elkie advised that he too would like to see a little bit more on this and said that he is not a proponent
of LED signs. He added that he is not in favor a large LED sign of that sort because he thinks it would take away part
of the ambiance of the park. He noted that they had previously discussed having something over by the Veterans
Memorial so he would like to see more before they move forward with this.
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Councilmember Elkie MOVED to table this agenda item for future discussion.
Councilmember Dickey asked whether they could make a motion just for the bollards and Mayor Kavanagh said yes.
Councilmember Dickey MOVED to approve the style of bollard as recommended and Councilmember Yates
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
Councilmember Elkie said he didn't need to make a motion at this point because they passed a motion on the bollards
and staff has some direction (WITHDREW his motion).
There were no citizens wishing to speak on this item prior to the final vote.
Mr. Mayer stated that ultimately if the Council is still concerned about this issue, one of the suggestions that was made
was that eventually they could stub in the lines for a screen in the future and then if the Council changed their minds in
down the road they would be in a position where they wouldn't have to trench and do those kinds of things. He noted
that that is something for the Council to consider when he brings something back on this item.
AGENDA ITEM #6 - PUBLIC HEARING TO RECEIVE COMMENTS ON RESOLUTION #2014-07, A
PROPOSED MINOR AMENDMENT TO THE TOWN OF FOUNTAIN HILLS GENERAL PLAN 2010 TO
REVISE LAND USE AND INCREASE THE NUMBER OF DWELLING UNITS WITHIN THE 80-ACRE
PAD ZONING DISTRICT IN THE ADERO CANYON MASTER PLANNED RESIDENTIAL
DEVELOPMENT. CASE #GPA 2013-01.
Vice Mayor Hansen declared a potential conflict of interest at on Items 6 through 12 at 7:08 p.m. and left the
Chambers for the remainder of the June 5th meeting.
Mayor Kavanagh announced that there will be one Staff Report for Items 6 through 12 but separate motions will be
required on each action item (7, 8 10, 11 & 12).
Mayor Kavanagh declared the public hearing open at 7:52 p.m.
Senior Planner Bob Rodgers addressed the Council relative to Agenda Items 6 through 12 and said that the
presentation will cover the five applications that are on the agenda this evening regarding Adero Canyon, which
includes the Minor General Plan Amendment, the Amended & Restated Settlement Agreement, P.A.D. - Preliminary
Master Plat - Parcel 1 Preliminary Plat. He briefly highlighted the presentation (Copy available on line and in the
office of the Town Clerk) as follows:
* Location of Property
* Minor General Plan Amendment
* Amended & Restated Settlement Agreement & Associated Issues
* Preliminary Master Plat
* Planned Area Development (Adero Canyon P.A.D.), Existing & Proposed Zoning
* Adero Canyon P.A.D.
* Parcel 1 Preliminary Plat
* Phasing Plan (Two Phases)
Mr. Rodgers stated that the Planning & Zoning Commission was unable to come to conclusions or forward a
recommendation regarding the proposals due to a deadlock (tie votes). He said that the minutes of the Planning &
Zoning hearings have been included in the packets. He added that due to that, the default recommendation by
ordinance to deny the applications has been entered into the record. He advised that staff recommends approval of the
five Adero Canyon items as presented, subject to the stipulations outlined in the Staff Report. He further stated that
the applicants wish to make a presentation.
Jeremy Hall, President of MCO Properties, addressed the Council and informed them that Adero Canyon LLC is the
applicant for this project. He thanked staff for their hard work and for entertaining some new concepts, new ideas and
some progressive things with an open mind. He added that both sides are happy with the proposal before the Council
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and proud to present it this evening. He advised that they are here to change the plan for Adero Canyon which was
devised 15 years ago and pointed out that the demand for high end custom home sites has imp roved slightly since the
recession but demand is still down. He noted that everyone wanted this project to commence years before now and for
various reasons, mostly economic, they have not been able to do so. He reported that one reason is that the produ ct in
Adero Canyon is the same as the product in Eagle's Nest so therefore one project had to complete before the next
project started. He said that they have about 100 plus lots in Eagle's Nest and about 40% of the project is still unsold
and partially yet to be developed. He reported that a year ago they started looking at this and said perhaps they need to
rethink it because the market definitely has changed in 15 years, even the market for very affluent custom homes has
changed (they don't see the 10,000 and 8,000 square foot homes coming to Design Review like they used to). He said
there is still a market for high quality homes but much smaller homes. He added that the recovery they hear about is
not in the high-end market, it is in the low-end market and that was really the impetus to start and rethink this, resolve
outstanding issues and get something going that doesn't necessarily have to follow Eagle's Nest. He advised that they
have right sized the development and it is now at a density and product mix that is very similar to what has been
approved in Town over the last 20 years (he referred to a chart that depicted average densities). He informed the
Council that he has met with representatives of all the major residential HOAs around Adero Canyon, which is
surrounded by the Copperwynd Resort, multi-family housing, high density multi-family, higher density production
housing, a golf community and custom homes and all of those elements are in this project.
Mr. Hall introduced his team, Jeff Denzak with Swaback Partners, Paul Gilbert, their land use attorney, Jeff Nielson
with Toll Brothers, which has committed to taking down a substantial number of semi-custom residential lots at the
beginning of this project and Neal Ginsberg, with the ownership of Copperwynd. He said that all of the team members
will be happy to respond to any questions from the Council and thanked them for the opportunity to address them.
Mr. Denzak addressed the Council and provided brief background information on him and Swaback Partners and
stressed that they continue to work on a wide variety of projects all over Arizona, in the Southwest, across the U.S. and
abroad. He informed the Council that this evening he would like to talk about design and emphasized that they don't
want to get stuck in the pattern that they see so frequently in the Valley, they want to create timeless architecture that is
related to the desert. He referred to the informational exhibits/illustrations displayed on the wall of the Council
Chamber and discussed them and the proposed strategy for Adero Canyon (the illustration showing the townhomes is
exactly the type of product/design they love). He said that they believe that this project could be a great jewel for the
community.
Paul Gilbert addressed the Council and said that they have had very rigorous and thoughtful discussions with the Town
Attorney, staff and the Town Manager and he thinks it has resulted in a win-win plan for everyone. He stated that a
major item that the Council will consider is the P.A.D. Application and advised that they are seeking a zoning
modification for the four following reasons: (1) There are more people who want less land a turnkey lifestyle; (2) If
people want a large lot for a custom home, they have them and can people can reserve those opportunities; (3) This
will provide an opportunity for the trailhead to have access through Adero canyon; and (4) Immediately south of
Adero Canyon is the Copperwynd Resort, a very fine resort but one that needs more rooms to reach its potential (they
are proposing a land use that could accommodate 120 additional rooms or condominiums, should Copperwynd choose
not to expand).
Mr. Gilbert discussed Eagle Ridge Drive, the 44-room Townhome product (could also be single family detached
units), 31 semi-custom lots with a minimum of 10,000 square feet, density, traffic studies and data.
Mr. Gilbert advised that they are in agreement with all of the stipulations, Adero Canyon is a quality project and this
proposal provides great opportunities for the Town. He reiterated that the Restated Settlement Agreement provides an
opportunity for the Trailhead to go forward and said that the proposal is a win-win for everyone.
Mayor Kavanagh thanked Mr. Hall, Mr. Denzak and Mr. Gilbert for their comments.
Ms. Bender advised that 15 speaker cards have been submitted plus four additional cards submitted by individuals who
do not wish to speak but indicated that they were opposed to the project (two of which were from residents of
Cordabella). Note: Additional cards were submitted after Ms. Bender made this comment.
The following individuals spoke in favor of the proposal for the following reasons:
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Easy access to the Preserve is critical and the current restricted access hampers its use and enjoyment; a road to Adero
Canyon and the Preserve has been in the plans for many years; dedicated funds in the amount of $1.7 million for the
trailhead have already been collected; approval of this will allow the Town's 20,000+ citizens and hiking enthusiasts
throughout the Valley a chance to visit the Town and experience what will be one of the finest hiking experiences in
Maricopa County; this development will help improve economic development in Town by supporting the local
businesses and the Town will benefit from the sales taxes/construction fees that are collected; the Trailhead will
become a major amenity and draw people to the Town; there is a need for some medium income homes in Fountain
Hills that hopefully will bring some young people in; Toll Brothers did DC Ranch and the development and roads
prove that the company knows what they are doing; the project will provide more diversity and an opportunit y for
family and friends of different spatial needs and economic capabilities; Copperwynd continues to struggle and a key
reason for that is the number of limited rooms that are available -- Adero Canyon will provide an opportunity to
expand if Copperwynd so chooses;
Gerard Biscela Fountain Hills resident
Tom Ward "
Linda Bordow "
Andi Bell "
Jon Bernhard "
The following individuals spoke in opposition to the proposal for the following reasons:
Adero Canyon was set and voted on by previous Councilmembers and the citizens of Fountain Hills and that should
not be changed and if they want to do something different, they have to go back to the voting public for approval; the
item should be tabled and the Council should go back to the residents of the Town and ask them if they want to change
the density of Adero Canyon; the Trailhead is only going to help about 100 people and 200 at the most will use that; if
they change the density views will be negatively impacted; a petition with 66 signatures from Cordabella residents
opposing the project is included in the Council's packets; the Planning & Zoning Commission would not endorse the
proposed rezoning plan for the following reasons: (1) Hotel in a residential district; (2) Height of the hotel (30 f eet is
the maximum and MCO wants 40 feet); (3) Lack of firm start dates for Phase II of the project and assurances of
completion; (4) Lack of a second public vehicular access road; (5) A granite chipped road versus concrete sidewalk
beyond the end of Phase I to the actual Trailhead; (6) Cut and fill road beds; (7) MCO's refusals despite repeated
requests to commit to planning Phase II as large lots; no one spoke in favor of the project at the Planning & Zoning
meeting except the Chamber of Commerce and some Trail supporters; Adero Canyon should not go forward without
an endorsement from the Planning & Zoning Commission; 50.4% of Cordabella's real estate taxes go to Fountain
Hills' schools and the Department of Sanitation; the proposal contains major density changes, particularly on Parcel 10
where the developer wants to build a 40-foot tall, 120-room hotel with an undefined number of banquet and catering
facilities; if a buyer purchased Copperwynd and the proposed hotel, that would wind up being a potenti al 152 room
hotel resort with an unknown amount of banquet and catering facilities, making it the largest hotel resort in all of
Fountain Hills, located in the middle of a residential district; hotel resorts do not belong in residential neighborhoods;
traffic and safety concerns; the lack of access to main roads; they should remove the gate at Copperwynd and use
allocated funds to open the trail, they do not need Adero Canyon for this to happen; there is no place for cars, school
buses, refuse trucks and emergency vehicles to turn around; noise concerns (most of the homes are so close to this
road) and Cordabella's residents' quality of life will be negatively impacted; an opinion that when Phase II comes
forward, MCO will once again ask the Council to change the rules for them; during the developer's presentations, not
one person addressed the residents of Cordabella's issues this evening; previous water main breaks around Cordabella
and what will happen when one breaks again (how will the residents of Adero Canyon get out); and the critical
importance of a second access into Adero Canyon.
Vincent Marsello Fountain Hills resident
Silvia Rappaport Scottsdale (Cordabella resident)
Art Burger " "
Marvin Hahn " "
Ron Christie " "
Jane Turock " "
Karen Ford " "
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Richard Strub " "
Dean Wieber " "
Allen Axelson " "
Mayor Kavanagh declared the public hearing closed at 8:27 p.m.
At 8:27 p.m. Mayor Kavanagh stated that they would take a short 10-minute recess and the meeting reconvened at 8:41
p.m.
Discussion ensued relative to water main breaks and access and Town Attorney Andrew McGuire's statement that
there are three access points that go in and out of Adero, one of which is open on a daily basis and the other two are for
emergency access (Via Linda and Eagle's Next Drive); the fact that current approvals for Copperwynd allow for
heights up to 40 feet; the Planning & Zoning Commission's lack of recommendations and Mr. McGuire's explanation
that if P&Z does not put forth a recommendation then 60 days following their meeting the issue automatically goes on
the agenda of a Council meeting with a recommendation for denial and because there was no continuation of that
hearing they got outside of the 60-day period and it came to the Council automatically; the Trailhead's timeframe and
access to the Trailhead (MCO's construction of the roadway to get people to the Trailhead is a couple of years out ); the
fact that ideally the Trailhead could be done and ready by that time but staff has concerns regarding difficulties
associated with simultaneous construction and so it is more realistic to think that it will be two to three years before the
Trailhead is actually available (there is no immediate access to the Trailhead with this development but there is a better
understanding of the potential/timeframes for access).
Councilmember Elkie requested input relative to the estimated traffic counts should the project be approved and
Development Services Director Paul Mood provided dat a relative to current and anticipated traffic numbers (1,698
trips today versus an estimated 2,534 once Adero Canyon is developed for a total of 836 additional trips and the
vehicles are separated by a median).
Councilmember Leger stated that he has heard reference to the Planning & Zoning Commission's hearing several times
this evening as well as the 40-foot height that is in the new plan and concerns about room capacity at Copperwynd. He
noted that hotels in the middle of residential areas are typically something that people do not look at --in this case there
is a hotel in the middle of a residential area so that needs to be taken into consideration. He said that he has had an
opportunity to speak to the Planning & Zoning Commission's members after their ruling and there was a whole host of
reasons why they voted the way they voted (3-3). He added that he is curious to know when they voted whether they
had a complete Development Agreement.
Mr. McGuire advised that the Planning & Zoning hearing was in February and at that time there was no Agreement
available that they could actually look at. He stated that whatever information they had about the Settlement
Agreement would not have been sufficient to give them enough information to help them understand how it impacted
some of those issues.
Councilmember Leger reiterated that P&Z did not have all that information when they voted and said that that should
be kept in mind. He referred to the 40-foot height issue and the fact that the allowable height that Copperwynd was
allowed when they built was 40 feet for the entire project (per Ordinance). He commented on room capacity and asked
whether in the agreement Copperwynd was allowed a much greater density.
Senior Planner Bob Rodgers explained that there has been a series of special use permits and modifications over the
years and that has steadily allowed Copperwynd's density to increase. He stated that the last one he believes allowed
them up to 132 units.
Councilmember Leger pointed out that many of the items that speakers expressed concerns about this evening are
already in place.
Councilmember Dickey commented that several people mentioned process and fairness, making sure that everyone is
getting even treatment -- they mentioned breaking the rules or special treatment. She said she wanted to know when
they go through a rezoning/replat whether that is something that is outside of the rules and also asked whether the
Council approves this or not, would that affect the ability to ask for Phase II to be different.
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Mr. McGuire explained that the General Plan and the Zoning Ordinance both provide for mechanisms for amendments,
they are not "fixed in stone" documents. He added that the General Plan is approved by the Council and ratified by the
voters and good for ten years so to not have mechanisms for adjustments would be challenging for most land uses
because not many people can figure out land use ten years in advance. However the mechanisms are graded upon
what you are requesting and in this case it is a Minor General Plan amendment because of the size of the parcel
requested be rezoned are being requested for a general plan amendment. He stated that the only thing different in this
case was the size of parcel and the timing. Ironically this one was running almost exactly the same time frame as if it
would have been a Major General Plan amendment, which could have included the entire canyon. So there really
wasn’t any difference from the Town staff’s perspective between the minor and major general plan amendment in this
case other than the process that would have lead up to it and it would have been much the same process as this one
with a lot of public input, more input from the neighboring communities, but about the same as what we did when we
rezoned and general planned the State Land parcel quite a few years ago.
In response to a question from Councilmember Dickey, Mr. McGuire confirmed that neither of those would require a
public vote. He explained that the General Plan was only voted upon for readoption and ratified by the voters (every
ten year process). He confirmed that the Town had completed the process in 2012.
Mr. McGuire further stated that the rezoning process also has a number of different mechanisms for rezoning -- some
are straight rezoning, one category to another, and others like the RUPD that exists on Copperwynd is a flexible zoning
tool that was in effect years ago. He stated that the P.A.D. is a last decade add on to the Town's Code but it is a fairly
common tool found everywhere in Arizona. He said that it is meant for this type of purpose (a unique piec e of property
that has unique character issues that they want to have control over). He noted that any of property owners can come
forward and ask for a rezoning.
Councilmember Yates advised that he and his fellow Councilmembers are very cognizant of the will of the people. He
asked whether the Town had met all of their obligations when they purchased the Preserve. He also asked whether
there are any strings left with regard to views, etc.
Mr. McGuire replied that the Town did not guarantee any type of views for anyone and the views happen to be great
because of the really tall peaks. He added that the "what are they allowed to do with their property" question always
comes up and the only reason Fountain Hills differs from other communities is because of the hills -- someone could
be a long way away from someone else and still block that person's view.
Councilmember Yates commented on the increase in traffic and the added 800 cars per day and asked Mr. Mood to
elaborate on what that street was designed for (what is the capacity?).
Mr. Mood said that Fountain Hills' design standards differ a little bit from Scottsdale's design standards. He reported
that Scottsdale's design standard for the first part of Eagle Ridge Drive, as you come off Palisades up t o Copperwynd
in Scottsdale is between 5,000 and 15,000 trips per day. He added that Fountain Hills' standard is 5,000 per day and
they are still way under that. He noted that the Town has a lot more roads that wind and are hilly and that is why he
thinks the Town's standard was reduced.
Councilmember Yates asked what population was anticipated when Fountain Hills was originally master planned and
they built the infrastructure (roads, streets, etc.) and Mr. Mood advised in the 70,000 population range. He confirmed
that the infrastructure was designed accordingly.
Councilmember Yates noted that he gets to meet with different municipalities all the time and the one recurring theme
that he keeps hearing is Planning & Zoning and Economic Development and Fountain Hills is very conservative as far
as what they give compared to a lot of the municipalities. He discussed his recent trip to Nevada and the number of
variances that are allowed there (every kind and they can be changed with an Administration pass allow people to
forego this whole process). He pointed out that the market is telling them that things are changing and these are some
of the tools they have as a municipality to change with it. He said that they all make these decisions based on the facts
and they look at what is best for everyone involved but he wanted to share the fact that this is not an unusual situation.
He further stated that they have negotiated a very good deal.
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Councilmember Brown said that the very first speaker this evening stated that this should be taken to the voters and to
his knowledge that is not correct. He requested input from Mr. McGuire on this.
Mr. McGuire advised that the Arizona courts address referendums, initiatives and any kind of land use done by vote
and the Council does not have any authority to refer something to the voters that way or to ask for an advisory election
opinion from the voters and voters are not allowed to (other than through the power of referendum on the Council's
actions) initiate zoning changes. He added that the only vote that was taken on this before was to fund the acquisition
of the property in the mountains (the bond elections).
Councilmember Brown referred to the 40-foot height issue and stated that he had an occasion to spend a couple of
hours in Adero Canyon and the area where they are talking about building rooms/condominiums is truly deep enough
that it would surprise him if any of the roof tops peeked above the existing ridgeline s. He said unlike what Cordabella
has right now (coming up Palisades you can see the homes for miles and miles and it looks like a big city) he believes
where they are talking about doing this is a very viable spot. He added that if Copperwynd wanted to increase its size,
which he understands was part of the original plan, that would be a lot more offensive but they can still do that on their
existing property. He said if they tuck them away and hide them down a little bit where they are not quite as offensive
to the rest of the neighborhood, Cordabella as well as the residents of Town that would make more sense. He also
touched on hotels in residential areas and advised that he struggles with that because all over Scottsdale, Phoenix and
around the country, people have to drive through neighborhoods to get to the nicer hotels. He added that he
understands that some of them were built prior to the houses and before the residential but the residential is there now
and he doesn't see that as being an issue. He pointed out that the P.A.D. is something that has been put into force
during the last decade and it is specifically used throughout the State for changes in developments for this very reason.
He said that it is an avenue that creates the same situation and the same conversation that they would b e having
whether it was in another area of Town or an area in Scottsdale or Phoenix. He noted that they are doing a very legal
happening and it is all generated because of change -- the times have changed and what they originally had envisioned,
100% large custom homes, won't work in Town. He advised that if you drive through Firerock the very first thing you
come upon are the multi-family duplexes, the villas, which are some of the nicer properties in Firerock.
Councilmember Brown further stated that he likes the "community type atmosphere" and pointed out that anything
they do is going to generate more noise. He advised that Cordabella was built on a fairly narrow lot, which forces the
houses to the back of the lots and yes, they are extremely close to the street (that was Scottsdale planning and not the
Town's). He stated that he doesn't see where MCO is asking for anything that they don't have the right to ask for.
Councilmember Dickey referred to the Trailhead and noted that she has experienced a lot of frustration over the years
and added that she is one of the people who always thought that they had the right to go up there and use that property,
the Preserve that their Town purchased. She expressed the opinion that this offers them an opportun ity to use that
asset very well and stated that they have all given this a lot of serious consideration. Councilmember Dickey stated
that she had met with Dean and Vlad (residents of Cordabella). She referred to a comment made earlier (by Mr.
Wieber) about who would benefit and she stated that the way it was said made it sound not like a good thing. She
agreed with the statement previously made by a speaker that the Town will benefit -- not just from fees and taxes --
because it is an activity, a project that hadn’t had a lot of likelihood of happening until Toll Brothers spoke to MCO.
She pointed out that she was not trying to do any big favors for MCO because they have had their moments. She said
that she is sorry that people here think it will hurt them and pointed out that it is not going to happen overnight. She
added that she believes it is the best thing to do for the majority of people in Fountain Hills and is a way to move
forward and help the Town and the community as a whole.
Mayor Kavanagh asked how the process for Copperwynd to include 120 condos would happen and Mr. McGuire
explained that a number of different things would occur. He pointed out that the units would have to be built in
conjunction with some sort of joint plan and they would have to have a site plan that makes sense to the Town. He
advised that the property can't be built as a stand-alone hotel without a Special Use Permit (SUP). He added that there
would be a site planning process and it would be land that is entitled so you would probably be beyond that but he
thinks they are a long way from that happening and from the Town's perspective it would be administrative.
Mayor Kavanagh commented that she believes safety, access and evacuation concerns have already been discussed and
addressed and there were also some concerns about school buses, fire trucks, etc. She asked whether Mr. McGuire
foresees any problems with the long cul-de-sac.
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Mr. McGuire responded that the Fire Chief Randy Roberts and Assistant Fire Chief Dave Ott were there for most of
the meetings and the roads in Adero Canyon are designed to the Town's standards, modified a bit. He said that there is
a strong desire from MCO to have a lighter footprint on the desert look of the road so there aren't going t o be quite as
wide pavement sections in some areas. He further stated that the Fire Chief and Assistant Fire Chief were at those
meetings to make sure that whatever was approved would work for them. He added that the design off the edge of the
roads is to allow for that. He stated that they were not going to be happy unless they could turn their large rigs around
up there and get around because in Fountain Hills you don't just cut over a street if you miss the right address. He
informed the Council that he has not spoken with the School District to find out what the plan would be for this area
but he is sure there will be a school bus or two working this area.
Mayor Kavanagh reported that she attend the P&Z meetings so she had already listened to a gr eat deal of everyone's
concerns and, like many of her colleagues, she walked the site and saw where everything was going to go -- where the
40-foot high buildings were going to be and looked at the slopes and the road. She stated that they all wanted to see
for themselves what it would look like because that is a lot different than just looking at it on a piece of paper. She
said that like her colleagues, she certainly appreciates all of the concerns that have been expressed and noted that the
Council has taken them very seriously. She added that she hopes that they have answered a lot of their concerns. She
noted that they hope too that everyone understands that during the economic downturn the Town of Fountain Hills lost
a good part of its population and as a result their schools are suffering from a lack of enrollment, businesses in Town
have closed because the population is down and they saw a significant reduction in the Town's State Shared Revenue,
which doesn't look like it is going to come back any time soon especially with large populations in the west Valley
growing and being given a lot more of that revenue.
The Mayor reported while everybody likes to see bigger homes like the ones in Firerock and others and less density,
the smaller homes might add more families because they are going to be more affordable housing and t hat will help the
businesses and the schools. She added that access to the Trailhead is almost like a dream for people who have lived
here many years. She stated that she has lived here for over 20 years and when they bought the Preserve everyone
thought that they were going to go out there and start hiking on it. She said here they are more than 10 years later and
they have to walk about 7 miles just to get to an access so they have to have specially guided hikes. She reiterated that
this is a dream for the people of Fountain Hills -- to be able to pull up to a Trailhead and walk the Preserve that they
paid for for so many, many years. She further stated that from an economic standpoint, they want Copperwynd to
survive -- it is a wonderful asset to the Town and if adding the 120 condos will help it to thrive and survive then that is
what they need to do because it is important for the community. She stated that while the Council certainly feels for
everyone's concerns, she hopes that everyone will understand that she has to do what is best for Fountain Hills and its
residents. She added that she feels that Adero Canyon, in all the ways that she just stated, is good for the Town and its
residents.
Councilmember Elkie requested that Mr. McGuire speak to the Settlement Agreement.
Mr. McGuire advised that as one housekeeping issue, the approval of Resolution 2014-08 approves the Restated
Settlement Agreement and there needs to be a condition upon that motion that staff and MCO agree upon all the
exhibits prior to being finalized. He said that the timeframe between getting the Agreement in the final stage and
getting it here tonight just did not give staff enough time to make sure that all the exhibits are right. He stated that he
knows MCO and Town staff have been working back and forth and they just want to make sure that they get those all
right prior to it being finalized. He added that they didn't want the Council to have to come back again on this last
housekeeping item.
AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION #2014-07, A PROPOSED MINOR
AMENDMENT TO THE TOWN OF FOUNTAIN HILLS GENERAL PLAN 2010 TO REVISE LAND USE
AND INCREASE THE NUMBER OF DWELLING UNITS WITHIN THE 80-ACRE PAD ZONING
DISTRICT IN THE ADERO CANYON MASTER PLANNED RESIDENTIAL DEVELOPMENT. CASE
#GPA 2013-01.
Councilmember Elkie MOVED to approve the Minor General Plan Amendment as presented and subject to the
stipulations as outlined in the Staff Report subject to final approval of the conditions between MCO and staff and
Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0) with
Vice Mayor Hansen absent due to a potential conflict of interest.
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AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION #2014-08, APPROVING THE AMENDED AND
RESTATED SETTLEMENT AGREEMENT FOR ADERO CANYON. CASE #DA-2014-08.
Town Clerk Bevelyn Bender advised that two citizens wish to speak on this agenda item.
Frank Ferrara, President and CEO of the Fountain Hills Chamber of Commerce, addressed the Council and stated that
he is representing the Chamber this evening. He advised that the Chamber Board of Directors agreed that they should
adopt Resolution 2014-08, the Amended and Restated Settlement Agreement for Adero Canyon. He advised that the
charts displayed on the wall show nine projects and stated that he was there for every one of them. He asked where the
Town would be if they did not have that development and he noted that all of the projects have the same densities and
the same concerns. He noted that on April 14th the Chamber of Commerce submitted a letter to the Mayor, Council
and Town Manager citing what they believe are the reasons they would like this project to be approved. He said that
there will be great economic benefits not only once the project is finished but also during the construction phase. He
reported that the Chamber has calculated approximately $7 million in fees and they would like to see it started as soon
as possible.
Linda Bellenir, a resident of Fountain Hills, addressed the Council and spoke in support of the project and said that
Adero Canyon is a perfect public/private partnership. She said that a recent story in The Times reported that 90% of
the residents want this project to move forward. She pointed out that the traffic will be one-half of the original design
capacity and the housing density will be virtually the same as Firerock and Sunridge Canyon. She further stated that
Fountain Hills needs this project and noted that for years several hundred storefronts have been sitting empty for lack
of population and now Taco Bell, STAT Clinic and Walgreens are joining the others before them that closed. She
stressed that Adero Canyon is the start of the solution for their Town and the residents must not turn their backs on
over $250 million, many new residents and tens of thousands of visitors supporting their businesses, schools,
restaurants, golf courses and shops. She urged the Council to vote yes and then celebrate what can be achieved when
public and private partnerships work together for the betterment of all including their wonderful Scottsdale neighbors.
Dean Wieber, a resident of Scottsdale Cordabella, addressed the Council and asked Mr. McGuire whether the
administrative changes in the Amended and Restated Settlement Agreement are appropriate. He asked how they could
have negotiations in a closed room and not in a meeting like this where the public could provide input. He questioned
whether with just a stroke of the pen changes should be a ble to be made in the Agreement. He requested that Mr.
McGuire respond at a later time.
Councilmember Elkie MOVED to approve the final Amended & Restated Settlement Agreement as presented, subject
to the stipulations outlined in the Staff Report and subj ect to final approval of exhibits by staff an MCO and
Councilmember Yates SECONDED the motion.
Ms. Bender asked whether the Resolution should be referenced in the motion (Resolution 2014-08).
Mr. McGuire responded that the stipulations are already in pla ce and he thinks the Mayor introduced that motion but
for clarity sake it is Resolution 2014-08.
Mayor Kavanagh read the agenda item again -- Consideration of Resolution 2014-08, approving the Amended and
Restated Settlement Agreement for Adero Canyon.
Councilmember Dickey stated that she thought originally that Mr. McGuire said that Resolution 2014-08 had to be
pending on the exhibits and Mr. McGuire pointed out that that was included in Councilmember Elkie's motion.
The motion CARRIED UNANIMOUSLY by those present (6-0) with Vice Mayor Hansen absent due to a possible
conflict of interest.
AGENDA ITEM #9 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE #14-01, AN
AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE AND ZONING MAP TO
CHANGE THE ZONING ON 80 ACRES FROM R1-43, R1-8 AND R1-6 (SINGLE FAMILY RESIDENTIAL)
TO ADERO CANYON PAD. CASE #Z2013(-06)
Mayor Kavanagh declared the public hearing open at 9:38 p.m.
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Ms. Bender advised that seven speakers wished to present remarks on this agenda item.
Ken Kubisihta, a resident of Fountain Hills, addressed the Council and stated that he is happy to see so many positive
people from Scottsdale and Fountain Hills present at the meeting. He said that this is a very positive move on noted
that when he and his family moved here in 2013, he joined the Trailblazers. He advised that when you are walking the
hills up above one thing you can see is the land and MCO does an excellent job of preserving the nature of the
property. He noted that one of the positive things about the Town is the view. He encouraged the members of the
Council to move forward with this investment for the people and their future.
Bill Craig, a resident of Fountain Hills, addressed the Council and noted that he was fortunate to become in volved in
the Town as Commissioner of the Preserve, a member of Board of Conservancy and in charge of volunteer trail
builders. He commented that the residents of Fountain Hills deserve the Preserve and they are a Town of active living
people and in his capacity with the Town he has had a people counter on the Lake Overlook Trail. He reported that the
count over the last two months has been 12,422 people and added that he is sure everyone has seen the number of
people who walk around the lake. He advised that the Conservancy had a new banner over its booth that advertised
hiking for the first time and he could not count the number of people who stopped at the booth as opposed to previous
fairs and they picked up brochures on the Preserve and asked how to get there. He commented on the new trail that
will link Scottsdale and Fountain Hills and noted that the Scottsdale portion of the trail is being completed by a group
of professional trail builders at a cost of $97,000. He added that the Town's portion of the trail was completed by their
active living volunteer trail builders at a cost of nothing to the Town. He said that at last there will be access to the
Preserve.
Vincent Marsello - Left the meeting as was not present to speak when called.
Stanley Ruden, a resident of Scottsdale Cordabella, addressed the Council and advised that he is very much for the
project. He noted that many of his friends and neighbors who are against it do so because of the amount of traffic and
he understands that but added that he likes to look at the bigger picture and the future of the area. He pointed out that
even though his family lives in Scottsdale, they go to the Fountain Hills Post Office, bank here, go the Library here,
shop here and frequent its many restaurants. He stated that they go there because they are closer but more importantly
they feel like they live in Fountain Hills and really want this Town to prosper. He reported that the newspaper recently
advised that five more businesses have closed and he commented on other businesses that are struggling to keep their
doors open. He expressed the opinion that parts of the Town are stagnant now and needs the growth spurt that Adero
Canyon will bring. He discussed the positive impacts of the project on the entire community and urged the Council to
move forward as quickly as possible.
Toni Vallee, a Fountain Hills resident, addressed the Council and advised that she is an avid bicycler and is here in
support of the sidewalk option that staff has recommended. She pointed out that they haven't talked very much about
that and she is extremely concerned that only a granite path will be provided and mountain bikers who want to use the
Preserve will be riding on that trail that she feels would be incompatible with the use of hikers, walkers and people
with strollers. She added that she would love it if the Trailblazers, in addition to the sidewalk, would do a granite path.
She reported that in most municipalities bicycles are not allowed on sidewalks so that will help keep the mountain
bikers off. She emphasized that it is very important for the cyclists to have this access and the sidewalk is not
compatible for that use.
Mayor Kavanagh declared the public hearing closed at 9:49 p.m.
AGENDA ITEM #10 - CONSIDERATION OF ORDINANCE #14-01, AN AMENDMENT TO THE TOWN OF
FOUNTAIN HILLS ZONING ORDINANCE AND ZONING MAP TO CHANGE THE ZONING ON 80
ACRES FROM R1-43, R1-8 AND R1-6 (SINGLE FAMILY RESIDENTIAL) TO ADERO CANYON PAD.
CASE #Z2013(-06)
There were no speakers wishing to present remarks on this agenda item.
Councilmember Elkie MOVED to approve the Adero Canyon PAD Zoning Amendment as presented and subject to
the stipulations outlined in the Staff Report subject to final approval of the exhibits by staff and MCO and
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Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY BY THOSE PRESENT (6-0)
with Vice Mayor Hansen absent due to a possible conflict of interest.
AGENDA ITEM #11 - CONSIDERATION OF A PROPOSED PRELIMINARY MASTER REPLAT FOR
ADERO CANYON. CASE #S2013-06
Roy Kinsey, a Fountain Hills resident, addressed the Council and asked them to vote yes to approve the agreement and
stated that speaking as a resident he thinks their support will stimulate many positive actions beyond the growth of
Adero Canyon. He said that speaking as a boardmember of the Sonoran Conservancy of Fountain Hills; approval of
the MCO plan will initiate further action to upgrade the Fountain Hills' Preserve plan for public access. He advised
that he was so impressed with the Council's responses this evening and added that they really listened and he thanks
them very much.
There were no additional citizens wishing to present remarks on this agenda item.
Councilmember Elkie thanked Mr. Kinsey for all of the hard work he has put into the Trail.
Councilmember Elkie MOVED to approve the Adero Canyon Preliminary Master Plat as presented subject to the
stipulations outlined in the Staff Report subject to final approval of the exhibits by staff and MCO and Councilmember
Yates SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0) with Vice Mayor Hansen
absent from the meeting due to a potential conflict of interest.
AGENDA ITEM #12 - CONSIDERATION OF THE "ADERO CANYON PARCEL 1" PRELIMINARY
PLAT, A 30-LOT SINGLE-FAMILY SUBDIVISION. CASE #S2014-03
There were no speakers wishing to present remarks on this agenda item.
Councilmember Elkie MOVED to approve the "Adero Canyon Parcel 1" Preliminary Plat as presented and subject to
the stipulations outlined in the Staff Report subject to final approval of the exhibits by staff and MCO and
Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0) with
Vice Mayor Hansen absent from the meeting due to a potential conflict of interest.
Mayor Kavanagh expressed appreciation to Mr. Buchanan, Mr. McGuire and staff for all of their hard work, their
negotiation efforts and keeping the Council up-to-date on this important project.
AGENDA ITEM #13 - CONSIDERATION OF RESOLUTION 2014-19, ADOPTING THE MAXIMUM
AMOUNT FOR THE TOWN OF FOUNTAIN HILLS' FISCAL YEAR 2014/15 TENTATIVE BUDGET WITH
APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENTS IN ACCORDANCE WITH STATE LAW.
THE COUNCIL MAY ADDRESS ANY OR ALL ITEMS CONTAINED IN THE BUDGET DOCUMENT AND
INITIATE ANY CHANGES PRIOR TO THE ADOPTION.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and stated that tonight they are here
to discuss the adoption of the 2014/15 Tentative Budget that was presented to the Council in a public meeting last
Monday. He reported that the proposed expenditure for all of the funds is $44.8 million and Resolution 2014 -19
establishes the maximum amount of expenditures for the Fiscal Year. He noted that subsequent to the approval of this
resolution changes to the budget can be made within the line items but the amount cannot exceed $44.8 million. He
added that staff recommends approval of the budget as presented.
There were no speakers wishing to present remarks on this agenda item.
Councilmember Leger MOVED to approve Resolution 2014-19 and Councilmember Yates SECONDED the motion,
which CARRIED UNANIMOUSLY by those present (6-0) with Vice Mayor Hansen absent from the meeting due to
a potential conflict of interest on items 6 - 12.
AGENDA ITEM #14 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY
ITEM INCLUDED IN THE LEAGUE OF ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE
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BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE
LEGISLATURE.
Councilmember Dickey requested that in the interest of time this item be placed on the agenda of the next Council
meeting.
Mr. McGuire reported that staff has some discussion going on right now with the League and they are going to take the
recap show on the road and staff would like to bring it back when the League representatives are here so they can
discuss everything that happened (what passed, what didn't pass).
Councilmember Leger noted that the Finance Director Craig Rudolphy has been sitting in the meeting for several
hours and asked him if he had anything to say and his response was no.
AGENDA ITEM #15 - 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 #16 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER.
None.
AGENDA ITEM #17 - ADJOURNMENT.
Councilmember Elkie MOVED to adjourn the Regular Council meeting and Councilmember Yates SECONDED the
motion, which CARRIED UNANIMOUSLY by those present (6-0) with Vice Mayor Hansen absent from the
meeting due to a potential conflict of interest on items 6 - 12. The meeting adjourned at 9:57 p.m.
TOWN OF FOUNTAIN HILLS
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 Executive and Regular
Sessions held by the Town Council of Fountain Hills in the Fountain Conference Room - 2nd Floor (Executive) and
Town Hall Council Chambers (Regular) on the 1st day of May, 2014. I further certify that the meetings were duly
called and that quorums were present.
DATED this 5th day of June, 2014.
_____________________________
Bevelyn J. Bender, Town Clerk