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HomeMy WebLinkAbout2015.0618.TCRM.Minutesz:\council packets\2015\r150806\150618m.docx Page 1 of 24 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 18, 2015 REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:31 p.m. * INVOCATION - Pastor Todd Forest, Fountain Hills Christian Center * ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Dennis Brown, Councilmember Nick DePorter, Councilmember Cecil Yates, Councilmember Cassie Hansen, Councilmember Alan Magazine and Councilmember Henry Leger. Acting Town Manager Grady Miller, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. * MAYOR'S REPORT i) The Mayor will read a Proclamation recognizing July 2015 as Park and Recreation Month in the Town of Fountain Hills. The Mayor stated that parks and recreation programs are an integral part of communities throughout this country, including this Town, and their parks and recreation are vitally important in establishing and maintaining the quality of life in our communities, ensuring the health of all citizens and contributing to the economic and environmental well being of a community and region. She noted that parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation al services for those who are mentally or physically disabled and also improve the mental and emotional health of all citizens. She said that the programs increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses and crime reduction and are fundamental to the environmental well being of the community. She commented on all of the positive impacts of park and recreation programs in a community and announced that the U.S. House of Representatives has designated July as Parks and Recreation Month and stated that based on the benefits derived from parks and recreation resources, she would now proclaim July 2015 as Park and Recreation Month in the Town of Fountain Hills. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review recent events attended relating to Economic Development. None. CALL TO THE PUBLIC Town Clerk Bevelyn Bender advised that there were no citizens wishing to speak under this agenda item. CONSENT AGENDA Mayor Kavanagh announced that at the request of Councilmember Leger, Consent Agenda Item #13 will be removed from the Consent Agenda and placed on the Regular Agenda (it will be the first item discussed on that agenda). AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM MAY 21, 2015 AND JUNE 4, 2015. z:\council packets\2015\r150806\150618m.docx Page 2 of 24 AGENDA ITEM #2 - CONSIDERATION OF APPROVING AN APPLICATION FOR PERMANENT EXTENSION OF PREMISES/PATIO PERMIT SUBMITTED BY HEIDI SUE HAKE, OWNER/AGENT OF VU TERRACE CAFE, LOCATED AT 14815 E. SHEA BOULEVARD, SUITE #101, FOUNTAIN HILLS, AZ. AGENDA ITEM #3 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION FOR AGENT CHANGE - ACQUISITION OF CONTROL - RESTRUCTURE, SUBMITTED BY ANDREA DAHLMAN LEWKOWITZ, OWNER/AGENT OF SAFEWAY, INC., #1291, LOCATED AT 13733 FOUNTAIN HILLS BOULEVARD, FOUNTAIN HILLS, AZ. AGENDA ITEM #4 - CONSIDERATION OF APPROVING A CONTRACT WITH SALT RIVER PROJECT FOR DESIGN OF THE ASHBROOK WASH RELOCATIONS (SRP WORK ORDER #T2015861), HAVING A CONCEPTUAL DESIGN PLUS COST ESTIMATE OF $115,000. AGENDA ITEM #5 - CONSIDERATION OF APPROVING RESOLUTION 2015-30, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN 20' PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE OF PLAT 431, BLOCK 7, LOT 4 (17530 E. HAWLEY DRIVE) AS RECORDED IN BOOK 151 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATION. EA2015-06 (PERRY) AGENDA ITEM #6 - CONSIDERATION OF APPROVING RESOLUTION 2015-16, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC ROADWAY LOCATED WITHIN THE TOWN OF FOUNTAIN HILLS, WHICH HAS BEEN FOUND TO BE NO LONGER NECESSARY FOR PUBLIC USE AND RESERVING A PUBLIC UTILITY EASEMENT AND A DRAINAGE EASEMENT OVER THE SAME. (ROWA 2015-01; BP2015-58) AGENDA ITEM #7 - CONSIDERATION OF APPROVING RESOLUTION 2015-35, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN 10' PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE REAR PROPERTY LINE OF PLAT 505A, BLOCK 3, LOT 8 (15671 E. GOLDEN EAGLE BOULEVARD) AS RECORDED IN BOOK 158 OF MAPS, PAGE 40, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATION. EA2015-07 (BLANK/GLEISNER) AGENDA ITEM #8 - CONSIDERATION OF APPROVING RESOLUTION 2015-34, AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY ANIMAL CARE AND CONTROL (IGA 79-14-032-3-01), EXTENDING THE AGREEMENT FOR ANIMAL SHELTER SERVICES THROUGH JUNE 30, 2018, IN THE AMOUNT OF $8,000 (ESTIMATED) PER YEAR AND EACH SUBSEQUENT FISCAL YEAR TOTALING $32,000 (ESTIMATED). AGENDA ITEM #9 - CONSIDERATION OF CONFIRMING FY 2015-16 TOWN COUNCIL SUBCOMMITTEE APPOINTMENTS AS PROPOSED BY MAYOR KAVANAGH, FOR THE PURPOSE OF INTERVIEWING AND RECOMMENDING APPLICANTS TO THE MAYOR TO SERVE ON THE TOWN'S BOARDS AND COMMISSIONS: (I) COMMUNITY SERVICES ADVISORY COMMISSION - COUNCILMEMBERS HENRY LEGER, NICK DEPORTER AND VICE MAYOR DENNIS BROWN; (II) MCDOWELL MOUNTAIN PRESERVATION COMMISSION - COUNCILMEMBERS CASSIE HANSEN, HENRY LEGER AND ALAN MAGAZINE; (III) PLANNING AND ZONING COMMISSION - COUNCILMEMBERS NICK DEPORTER, CECIL YATES AND VICE MAYOR DENNIS BROWN; (IV) STRATEGIC PLANNING ADVISORY COMMISSION - COUNCILMEMBERS CECIL YATES, CASSIE HANSEN AND VICE MAYOR DENNIS BROWN AND (V) BOARD OF ADJUSTMENT - COUNCILMEMBERS ALAN MAGAZINE, CECIL YATES AND CASSIE HANSEN. AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 2015-36, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN HILLSIDE PROTECTION EASEMENT LOCATED AT FIREROCK PARCEL M-1, LOT 10, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE MARICOPA COUNTY RECORDER, AND ACCEPTING A SUBSTITUTE HILLSIDE PROTECTION EASEMENT OF EQUAL SIZE. (CASE #HPE/ABN2015-02) z:\council packets\2015\r150806\150618m.docx Page 3 of 24 AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 2015-37, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF REVENUE, RELATING TO THE ADMINISTRATION OF TRANSACTION PRIVILEGE TAX. AGENDA ITEM #12 - CONSIDERATION OF THE SECOND AMENDMENT TO THE BUILDING LEASE BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FOUNTAIN HILLS COMMUNITY THEATER, EXTENDING THE LEASE FOR SIX MONTHS. Councilmember Magazine MOVED to approve the Consent Agenda as listed and amended and Vice Mayor Brown SECONDED the motion. A roll call vote was taken with the following results: Mayor Linda M. Kavanagh Aye Vice Mayor Dennis Brown Aye Councilmember Nick DePorter Aye Councilmember Cecil Yates Aye Councilmember Cassie Hansen Aye Councilmember Alan Magazine Aye Councilmember Henry Leger Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM #13 - CONSIDERATION OF CONTRACT FOR LEGAL SERVICES BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE LAW OFFICE OF MARK IACOVINO, FOR FY 2015-16 AND FY 2016-17. Councilmember Leger noted that this is an item that was on the Consent Agenda and typically the Council does not vote on Consent Agenda items and he believes that this is an item that is worthy of further discussion and a vote and he is going to suggest that they do that at another time in the future. Councilmember Leger MOVED for a continuance of this item and to place it on the September 3rd Council agenda for discussion and consideration while extending the current contract in the interim. Additionally, the agenda item is to be accompanied by a comprehensive Staff Report summarizing arrest and citation data and trends for the past two years, which is information needed to make an informed decision and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #14 - CONSIDERATION OF APPOINTING THREE (3) CITIZENS AS COMMISSIONERS ON THE STRATEGIC PLANNING ADVISORY COMMISSION (SPAC), EACH FOR A TERM BEGINNING JULY 1, 2015 AND EXPIRING ON JUNE 30, 2017. Mayor Kavanagh MOVED to appoint Dana Saar, Bernie Hoenle, and George Simon to serve on the Strategic Planning Advisory Commission (SPAC) each for a term beginning July 1, 2015 and expiring on June 30, 2017 and Councilmember Magazine SECONDED the motion. There were no citizens wishing to speak on this agenda item. Mayor Kavanagh thanked the members of the Council who served on the selection committee and Alice Brovan and Nancy Ordowski (outgoing members) for the time that they served on the SPAC. The motion CARRIED UNANIMOUSLY (7-0). z:\council packets\2015\r150806\150618m.docx Page 4 of 24 AGENDA ITEM #15 - CONSIDERATION OF THE REQUEST BY THE PUBLIC ART COMMITTEE TO ACCEPT A SCULPTURE TITLED, "FOUNTAIN SPIRIT" FOR PLACEMENT ON THE AVENUE OF THE FOUNTAIN PLAZA. Community Services Director Mark Mayer addressed the Council relative to this agenda item and advised that this evening there are two art pieces for consideration, the first of which is called "Fountain Spirit." He said that this particular piece is scheduled for placement in the Fountain Hills Plaza, directly across from Town Hall. He advised that the sculpture has a value of $32,000 and the artist is Kevin Robb. He noted that the Fountain Hills Cultural & Civic Association (FHCCA) has acquired the piece for $21,334 and the funding for the first half, $10,667, will be paid half by Wally & Sheila Nichols ($5,000), half by Jerry & Jackie Miles ($5,000) with $670 paid by the FHCCA. He informed the Council that the FHCCA proposes to raise the balance of the purchase price by the sale of small memorial plaques, either 5" x 5" or 5" x 10," to be posted on a large board , which will be located next to the work. He reported that the plaques will be sold for $500 or $1,000 and added that if this fund raising effo rt does not raise the required $10,667 within the one-year period, Jackie and Jerry Miles have pledged to contribute any deficiency. He noted that there will be an annual cost of $137.60 to insure the piece and stated that he and members of the Public Art Committee present in the audience would be happy to answer any questions from the Council. (Copies of the presentation including a picture of the sculpture and proposed plaques are available on line and in the office of the Town Clerk.) In response to a question from Councilmember Leger, Mr. Mayer advised that the sculpture is fairly large, 11 3/4 feet tall by 5 feet wide by 3 1/2 feet deep and the base is two feet in diameter. He pointed out that the site map included in the Council's packets shows the exact location for the piece. He added that the monument will be located on one or the other sides of the sculpture and would face towards the center of the Plaza. Councilmember Leger asked whether that would detract from the art itself (the monument) because of its size and Public Art Committee Chair Sandi Thompson responded that it is actually the same size as the one in Centennial Circle. She said the material will be very similar to the sculpture and the Committee believes that if it is placed in a certain manner it will not detract from the art piece. Mayor Kavanagh thanked Wally & Sheila Nichols and Jerry & Jackie Miles for their generous contributions. There were no citizens wishing to speak on this agenda item. Vice Mayor Brown MOVED to accept a sculpture titled, "Fountain Spirit" for placement on the Avenue of the Fountain Plaza and Councilmember DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #16 - CONSIDERATION OF THE REQUEST BY THE PUBLIC ART COMMITTEE TO ACCEPT A DONATED PAINTING TITLED, "ODE TO FOUNTAIN HILLS FOUNTAIN" FOR PLACEMENT IN THE COMMUNITY CENTER LOBBY. Community Services Director Mark Mayer addressed the Council relative to this agenda item and noted that the Public Art Committee is requesting that the Town accept the second piece of art, a painting titled, "Ode to Fountain Hills Fountain" for placement in the Community Center Lobby. He noted that the artist is Jack Morris and the piece has a value of $550.00. He said that the painting is being donated by the Evelyn Breting Estate and there will be an annual cost of $23.65 to insure the piece. (Copies of the presentation including a photo of the painting are available on line and in the office of the Town Clerk). He indicated his willingness to respond to any questions from the Council. Mayor Kavanagh commented that the proposed placement, in the Community Center Lobby, is very appropriate since Ms. Breting spent half of her life at the Center. There were no citizens wishing to speak on this agenda item. Councilmember DePorter MOVED to accept a donated painting titled, "Ode to Fountain Hills Fountain" for placement in the Community Center Lobby and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLSY (7-0). z:\council packets\2015\r150806\150618m.docx Page 5 of 24 AGENDA ITEM #17 - CONSIDERATION OF ACCEPTING THE INVITATION FOR BID FROM ARTISTIC LAND MANAGEMENT, INC., IN THE AMOUNT OF $308,705.00 FOR THE ANNUAL LANDSCAPING CONTRACT WITH THE TOWN OF FOUNTAIN HILLS. Acting Town Manager Grady Miller addressed the Council relative to this agenda item and noted that if they look at all of the parks in the Town, the right-of-way, the grounds around the municipal complex, those are all maintained essentially by a landscaping company so it is quite an extensive contract. He stated that he would like Mr. Mayer to provide a brief presentation on this item. Community Services Director Mark Mayer addressed the Council and advised that the landscape contract with the Town's current vendor, Artistic Land Management, will expire on June 30, 2015. He stated that the new contract was bid recently with advertisements in the Fountain Hills Times and the Arizona Business Gazette, as required by law. He noted that the bids cover work in the parks, medians, open space and the new plaza. He added that bids were received and opened at 2:00 p.m. on May 19, 2015 and the low bidder was Artistic Land Management at a cost of $308,705.00. He informed the Council that staff and the Town Attorney's office have reviewed the low bid and are recommending awarding the contract (the term is for one year and is renewable annually for four additional years). Mr. Mayer stated that he included a letter from Sam Mousa, representing Verde Valley Nursery, who has requested reconsideration. He explained that the issue for him is that there is a requirement in the bid documents that says bidders have to have at least one project that equals 75% of the bid total and his did not reach that total. Mr. Mayer pointed out that he spoke to the gentleman both before and after he submitted the bid. Mr. Mayer indicated his willingness to respond to any questions from the Council. (Copies of the presentation are available on line and in the office of the Town Clerk). Councilmember Yates requested that Mr. Mayer provide information on where the bid started five years ago when Artistic Land Management, Inc., first started doing the landscaping work for the Town and what the increase is, if any, for this bid. Mr. Mayer responded that he would like to turn this over to Don Clark because it covers a lot of different areas (for example, in the past they didn't include The Plaza in the request, it was under a different department). Councilmember Yates said that it appears the scope of the work has changed then and Mr. Mayer co ncurred with that statement. Ms. Bender advised that one request to speak on this agenda item has been received. Sam Mousa, representing Verde Valley Nursery, one of bidders for the landscaping contract, addressed the Council and noted that he lives and works in Fountain Hills. He referred to the contents of his letter that was included in the Council's packets and said that the company did over $1 million in actual billing in 2014 and while it is true that their highest individual project amount was a little over $125,000, that was only one of many projects and the company is capable of taking on much larger individual projects. He expressed the opinion that it is always easier to deal with one entity on a large project rather than deal with many smaller customers. He provided further information relative to this issue and requested that the contract be rebid and that the required contract amount to qualify be lowered from what was stated by Mr. Mayer to allow local companies who are capable of doing an excellent job for the Town the opportunity to do so. He further stated that his company also does some work for the Town on parcel drainage and it is his understanding that the Town has been very pleased with the work. Mayor Kavanagh thanked Mr. Mousa for his comments. In response to a question from Councilmember Yates, Town Attorney Andrew McGuire advised that the only thing that the Council could do at this point in time would be to toss out all of the bids and rebid the project with the requested revision from Mr. Mousa. Vice Mayor Brown asked whether that stipulation is standard in most of the Town's contracts for landscaping around the Valley and Mr. Mayer responded that he is only familiar with Fountain Hills. He added, however, that he has seen contracts that contained something similar. He reminded the Council that the best predictor of job performance is current job performance and that is the reason why staff is recommending that the contract be awarded to Artistic Land Management -- the Town has used this company for five years now and has been very happy and satisfied with their z:\council packets\2015\r150806\150618m.docx Page 6 of 24 work. He further stated that his concern with bidding it again is not only the time and expense of doing so, but also the fact that the contract expires at the end of this month so they would need to approach and potentially extend the contract. Mayor Kavanagh asked whether Verde Valley Landscaping is doing work for the Town in the drainage ditches and he said yes they are. He noted that brushing out washes is significantly different from mowing and landscaping large turf areas and briefly highlighted the extensive contents of the work included in the contract. He added that he has no doubt that Mr. Mousa is very much committed but his concern is that the letter i ncludes language relative to the fact that landscapers would need to be hired and equipment purchased and he doesn't think they are in a position to move ahead with a project of this magnitude right now. He commented on the extensive cost of a mower to do type of work required in Fountain Hills so equipment and capital costs are his real concerns. Councilmember Magazine advised that he would always prefer, when possible, to award contracts to local companies because he thinks that is in their best interest as a community but after hearing from staff he thinks they would be taking a risk, especially since the company they are now using has been doing an outstanding job for five years according to staff. Councilmember Magazine MOVED to approve awarding the landscaping contract as recommended by staff and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #18 - CONSIDERATION OF THE COMMUITY SERVICES ADVISORY COMMISSION'S RECOMMENDATION REGARDING THE OPERATION OF THE DOG PARK IN DESERT VISTA PARK, WHICH WAS TABLED FROM THE MARCH 19, 2015 COUNCIL MEETING. Community Services Director Mark Mayer addressed the Council relative to this agenda item and advised that on March 19th, a decision was made by the Council to extend the deadline for two months to give the Work Committee from the Community Services Advisory Commission (CSAC) time to work with ADOG in an effort to resurrect the group and come forward at that point hopefully with a recommendation and financial support as well from the ADOG group. He noted that the Chair of that group, Mr. Don Doty, is present this evening and added that he included in the Council's packets three pieces of information that he provided Mr. Mayer. Mr. Doty addressed the Council and said that his group's goal this evening is to obtain the Council's endorsement of a Dog Park noise abatement program that will be funded by ADOG at no cost to the Town. He noted that the initial Noise Abatement Program was recommended by the CSAC and presented to the Council three or four months ago pending the resolution of ADOG to identify a funding source. He added that the initial, all inclusive noise abatement project that was presented then had a cost of around $7,500 and it was stated that there was no current Town budget to fund the proposal and use of monies for that purpose would impact other programs. He informed the Council that ADOG has now granted $1,000 to the Town for this project and the group has been revived and held a successful fund raiser, selected candidates for the Board of Directors and held elections. He advised that the newly-elected board is in the process of getting organized and assuming the responsibilities of the association. He reported that the remaining funds in the ADOG treasury are about $2,000. Mr. Doty informed the Council that in order to take advantage of the $1,000 donation, a revised, lower cost plan is being proposed that is still in line with the Commission's physical recommendations but at a reduced scope. He said that the lower cost plan, Plan B, does not include the signage that was originally planned or the posting of the new rules, fliers or the chain link fence that was going up on the corner. He stated that it does include, however, the Commission recommended the 3 foot 100% screen mesh on the fence across the entryway and the same mesh material on a sliding gate separating the two dog parks. He explained that instead of the chain link fence, an inexpensive two and a half foot high temporary garden wire fence along the perimeter of the planter on the small dog park is being proposed. He noted that this will provide sight barriers at the three areas that are the major contributors and sources of the dog barking (when the dogs see, greet and challenge each other through a fence). He pointed out that the mesh installation is intended to be permanent and has a warranty of several years and a ten-year life and is available for about $4.50 a lineal foot and the temporary garden fence is less than $100 per 100 feet. He announced that the plan could be completed in a day or so for under $1,000 in material. Mr. Doty commented that a number of dog park users, residents and even Trailblazers have offered to help if they are needed for installation and after an evaluation period they can then determine if the sight barriers are eff ective and how z:\council packets\2015\r150806\150618m.docx Page 7 of 24 they can fund the replacement of the temporary fencing. He said that the ADOG organization may be a funding source for future improvements and added that he recently learned that a number of years ago a three -foot bamboo sight barrier was placed on the fence separating the large and the small parks and it had a high degree of success and reduced the barking significantly. He noted that he has provided a general write-up on this and it is included in the Council's packets along with additional information. He stated that tonight he proposes on behalf of the Commission, ADOG, park users and especially the residents, that the Council endorse this lower cost, reduced scope, no cost to the Town Plan B. Mayor Kavanagh asked what the bottom line was as far as the cost to the Town and Mr. Doty responded nothing. He explained that it will cost $1,000 to put these two major elements in (as described above). The Mayor asked whether the rest of the money, $2,000, would be raised by ADOG and Mr. Doty replied that he didn't say that but he hopes that. Mayor Kavanagh noted that Mr. Doty advised that the group had $2,000 in reserves and he said that is true but the group is just getting reorganized right now. He pointed out that they have plans to do so me fundraisers and there is work to be done for sure and in the future they may have additional money to replace the temporary fence or maybe some other way will be found but he thinks it will be well worth proceeding with this part now. Councilmember DePorter advised that he likes the idea of the low cost although it is a temporary solution and then they can decide later if chain link is going to look really weird, which it probably will, or they can just complete the block wall. He said that he lives by Four Peaks Park and the gates get locked at night as far as the parking lot. He asked whether they have the resources to lock that gate to help with the park hours. Mr. Mayer advised that in years past, before the budget cuts, the Town would have two pa rk attendants on duty at any one time but now they have one person on duty and they are spread very thin. He added that it would put them in a position where park staff would be responsible for opening and closing the gates hundreds of times a year regard less of what other duties they are carrying out. He stated that if they had a second person he would be more confident that they could do that and noted that the other issue is that they tend to get complaints associated with both the spring and the fall and he gets a sense that it is the time of year when people are starting to open their windows and doors again because the weather is getting nice and then they start to hear the barking noise. He commented that if they can continue to work with and re-assert to the County the need for Animal Control to be down there to make sure that people aren't accessing the site ahead of time and are following the rules that would be a huge help. (Barking dog complaints are somewhat of a seasonal thing.) Councilmember Leger thanked Mr. Mayer and Mr. Doty for their comments regarding park hours and he said he appreciates all that they are doing. He said that at the end of the day he thinks they all know dogs bark and it's a dog park and they are going to do what they can to remediate the sound but he thinks they owe it to the residents in the area to enforce the hours of operation. He pointed out that Mr. Mayer suggested the County and perhaps that would work but he challenged ADOG to come up with a solution because once again neighbors call him and email all of the members of the Council and the barking should not be occurring before the approved hours. Mr. Doty informed Councilmember Leger that he agrees with his comments and also suggested that through ADOG there will be a lot of self governing, which there hasn't been up to this point and he believes that through the communication there would be a lot of people who would help each other obey the rules. He said a lot of people don't know the rules but he thinks the communication would help a lot. Councilmember Leger stated that he hopes that the revamped group and/or the County can address this problem and added that time will tell. Councilmember Hansen said that if they went along with that option, she would like to know if the Town could go ahead and add to the rules (make the changes to the rules) and Mr. Doty responded absolutely. He further stated that he took out the new signage to post the new rules at a cost of $1,200 but yes, they could put in new rules. Councilmember Hansen pointed out that three were recommended to be added. Mayor Kavanagh advised that Mr. Doty previously wanted to add on $1.00 to the dog fees and she was not in favor of that and asked him whether he was dropping that. He replied that he didn't bring it up because it was not popular the last time that they did. z:\council packets\2015\r150806\150618m.docx Page 8 of 24 The Mayor said that piggybacking onto what Councilmember Leger said, she remembers years ago when ADOG was pretty much in charge of the dog park and as they were there with their dogs they did a lot of self policing. She reported that she was there one day when one of their staff members actually got set upon by some of the dogs and not a lot of people got up to help him. She reported that he got scratched and added that they also want to make sure that the people there in the park are in control of their dogs and so it would be great if they could get back to the self policing that was done several years ago. Mr. Doty informed the Council that within a relatively short period of time there have been an awful lot of people, dog users, who have shown a great deal of interest (at the fundraiser they had well over 100 people in attendance) and since then a lot of others have joined in as well. Mayor Kavanagh agreed that there are a lot of people who support the Dog Park -- even people who don't own dogs -- anyone can join in and give their support. Councilmember Leger advised that just for the record he would like to reinforce Councilmember Hansen's suggestion and that is why he went there, because he noticed that the signage was taken out, so they can address that later in terms of what they might be able to do and what it would cost the Town to enhance signage and to enhance awareness regarding the park's hours. Town Clerk Bevelyn Bender advised that two citizens wished to speak on this agenda item. Don Logan, a resident of the Town, addressed the Council and stated that he is present to assure the Council that the proposal that they just heard will work and has worked before. He discussed the time before the park was rehabbed to make it much nicer and commented on all of the wonderful improvements that have been made. John Thompson, a resident and President of ADOG, reported that he has been walking his dog in that park for about ten years and listening to the noise that they are all talking about and agreed that it is a problem that needs to go away. He commended on Mr. Doty’s presentation and stated that hopefully the Town will take ADOG's money and will take a shot at fixing that problem. He pointed out that in the future there are many other problems of greater consequence that will need to be addressed. He commented on the talented Board of Directors that has been assembled and said he thinks they will be able to accomplish the goal. He stressed the importance of taking a good look at this tremendous asset that they have in their Town and commented that he has realtor friends who use the beautiful dog park as a selling point. He reported that there are approximately 7,000 full-time dogs in Town and briefly discussed the fact that the group wants to do a number of things in the future that are a little bit outside of the box. He also discussed the need to over-seed the park, the occasional poisonous toads, and he emphasized again the importance of becoming contributors to the solution. Mayor Kavanagh thanked the speakers for their comments and expressed appreciation to Mr. Thompson for taking on the role of President of ADOG. Councilmember Yates MOVED to approve the recommendation of the Community Services Advisory Commission regarding the operation of the Dog Park in Desert Vista Park and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #19 - CONSIDERATION OF RESOLUTION 2015-38, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE ARIZONA SPORTS AND TOURISM AUTHORITY FOR THE REPLACEMENT OF TENNIS COURTS AT GOLDEN EAGLE PARK AND FOUR PEAKS PARK; AND APPROVING THE ACCEPTANCE AND EXECUTION OF ANY RESULTING GRANT AGREEMENT. Acting Town Manager Grady Miller addressed the Council relative to this agenda item and advised that before them is a request from Community Services Department staff to submit a grant to the Arizona Sports & Tourism Authority. He said that Recreation Supervisor Rachael Goodwin will give a brief presentation on the project and what staff hopes to accomplish. z:\council packets\2015\r150806\150618m.docx Page 9 of 24 Mayor Kavanagh stated that before Ms. Goodwin begins, she would like to congratulate her on securing the Tourism Prop 203 Grant for a little over $26,000 and added that this is an outstanding accomplishment. She added that the Town has also been designated as Playful City once again (for the 5th year) and congratulated her on that as well. Ms. Goodwin thanked the Mayor for her comments and advised that this evening's presentation relates to both tourism and recreation. She said that they have been reviewing the Arizona Sports and Tourism Authority grant and it is one that comes up every two years and this year it has a fund of about $2 million to allocate to specific communities, municipalities and non-profits within Maricopa County. She reported that the funds must be used specifically for sports -- youth sports -- for hard cost programs and not just tournaments and things like that and specifically for new buildings or renovations and other things of that nature. Ms. Goodwin highlighted a brief presentation (Copy available on line and in the office of the Town Clerk) and stated that staff is looking to replace their tennis courts. She referred to a photograph depicting the current condition of the courts and noted that they are roughly 20+ years old, have a number of significant cracks and the undersurfaces are pretty damaged. She explained that they are asphalt courts (similar to what Saguaro Boulevard looked like prior to the renovations). She added that staff, including Don Clark, has done some research on this and are now suggesting that the reconstruction utilize post tension concrete, which is a standard procedure now for most court construction and estimated that it will cost about $44,000 per court given the fact that these are the only six public courts in Town an d receive a great deal of use year round based on reservations. She said that staff is seeking Council's approval to apply for this grant and pointed out that they are seeking total funds in the amount of $316,800 for the resurfacing of the six proposed courts (designed to last 50 years or more). She noted that the gr ant is a 2/3rds reimbursement grant which means that the Town would be responsible for a total of $105,600 of which they hope to utilize the overages and CIP (Capital Improvement Funds) left over from the Fountain Park Phase Six project. She indicated her willingness to respond to any questions from the Council. Councilmember Magazine commented that having played on those courts in the past, he can attest to the fact that when a ball hits a crack there is no way to tell which way it is going to go. He asked if there was an in-kind contribution to offset the difference. Ms. Goodwin replied that there is support, although not financial support, from both the School District and the Boys & Girls Club who are both users of the courts. In response to a request for further clarification relative to the funds left over in the CIP, Ms. Goodwin said that in talking with Finance Director Craig Rudolphy, they believe that there will be an overage in the CIP funds allocated for Fountain Park, Phase Six and they have also talked with Mark Mayer to confirm that those calculations are accurate. She added that staff would like to reallocate those funds to this project should the grant be awarded. Councilmember Magazine stated that he supports redoing the courts but asked if there is any competition for the leftover funds (if they approve this is there something else that they won't be able to do?). Ms. Goodwin responded that she is not aware of any and further stated that they came together as a staff in terms of the Parks Department, herself and the Director to decide if this grant was something that they wanted to pursue and if they did, what was the greatest need and it came back to the tennis courts needing that type of renovation. She pointed out that the Town does not have a budget to do the work and as far as the Town's chances of receiving the grant she advised that last year 19 of the 22 applicants were funded. Councilmember Yates asked how much time the Town would have to use the funds and Ms. Goodwin reported that should the grant be awarded, they give a timetable of around October of this year for the actual awarding and then the Town has until October 31st to accept it and then one year from that date to complete the project. There were no citizens wishing to speak on this agenda item. Councilmember Leger MOVED to approve Resolution 2015-38 and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). z:\council packets\2015\r150806\150618m.docx Page 10 of 24 Mayor Kavanagh announced that they will now move on to Agenda Items #20, #21, #22 and #23 and noted that there is one Staff Report for all four agenda items. AGENDA ITEM #20 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW SALT RIVER PROJECT TO INSTALL A 20' TALL FAUX SAGUARO SMART SIGNAL ROUTER AT "14405 E. MOURNING DOVE DRIVE," LOCATED IN THE "R1-43" ZONING DISTRICT. CASE #SU2015-04. Mayor Kavanagh declared the Public Hearings for both Agenda Items #20 and #22 open at 7:27 p.m. The Mayor encouraged anyone who wished to speak on one or both of these items to submit their requests at this time. Senior Planner Bob Rodgers addressed the Council relative to these two agenda items and informed them that SRP (Salt River Project) is currently installing Smart Routers in Fountain Hills as part of their service upgrades and Smart Meters are going to be installed shortly thereafter in most of the homes. He said that his report will cover two of the Smart Router location requests because they are on private property, are within existing easements and as such they are required to have Special Use Permits per the Zoning Ordinance due to their proximity to other residential units. (Copies of the presentation are available on line and in the office of the Town Clerk.) He pointed out the locations that are shown on the map included in the Council's packets and photos of the poles. He advised that rather than simply installing bare antennas in residential areas, SRP is installing a stealth saguaro design similar to the designs that the Town requires for cell towers. He reported that the faux saguaros are approximately 20-feet tall and will be constructed to look as natural as possible. He said that all of the infrastructure costs will be borne by SRP and the stealth design costs for these two as well as the other nine saguaros being installed on Town property will be borne by the SRP Aesthetics Fund. He advised that staff recommends approval of the Special Use Permits as presented and further stated that the Planning & Zoning Commission has forwarded a recommendation for approval as well subject to the stipulations contained in the Staff Report. He indicated his willingness to respond to any questions from the Council and said that representatives from SRP are present in the audience and wish to make a presentation as well. Marianne Ward, Manager of Special Projects for SRP's Metering Services and Robert Go odman, Construction Consultant for SRP, addressed the Council and pointed out that SRP began the installation of Smart Meters in 2003 and just like cell phones the technology has been significantly improved and is much more complex than it was originally. She stated that they are now ten years into the program and in the process of upgrading their entire system. She informed the Council that the new system is a totally in-house, controlled SRP environment that starts with a command center that speaks to a collector (60 feet in the air on a wood pole inside an SRP substation) which then speaks to routers. She added that the routers speak to the meters and explained how the process works. She noted that currently the residential Smart Meters in the Town go over the air by a third party partial cellular network and like everyone else, they are very concerned about cyber security and want an entirely closed system. She pointed out that the new system that they are installing is very advanced and is only SRPs -- it is closed just for them. She discussed the benefits including much more robust data usage and the ability to move between price plans in a much e asier manner (they will not have to change out the meters, they can do it remotely). She commented on the importance of reliability and the importance of being able to quickly identify and repair outage areas. She highlighted a brief PowerPoint presentation (Copy available on line and in the office of the Town Clerk). Additional topics covered included router locations, permits required and Sparse Area Network Buildout (January 2014 - April 2015). Mayor Kavanagh thanked Ms. Ward for the presentation. There were no citizens wishing to speak on Agenda Items #20 or #22. The Mayor declared the Public Hearings closed at 7:37 p.m. AGENDA ITEM #21 - CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT TO ALLOW SALT RIVER PROJECT TO INSTALL A 20'TALL FAUX SAGUARO SMART SIGNAL ROUTER AT "14405 E. MOURNING DOVE DRIVE" LOCATED IN THE "R1-43" ZONING DISTRICT. CASE #SU2015-04. Councilmember Yates MOVED to approve the Special Use Permit #SU2015-04 to allow the installation of a 20-foot tall Faux Saguaro Smart Signal Router at 14405 E. Mourning Dove Drive, as presented and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). z:\council packets\2015\r150806\150618m.docx Page 11 of 24 AGENDA ITEM #22 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW SALT RIVER PROJECT TO INSTALL A 20'TALL FAUX SAGUARO SMART SIGNAL ROUTER ANTENNA AT "TRACT K" AT THE COPPERWYND RESORT, LOCATED IN THE "R-5" ZONING DISTRICT. CASE #SU2015-05. See discussion under Agenda Item #20. AGENDA ITEM #23 - CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT TO ALLOW SALT RIVER PROJECT TO INSTALL A 20'TALL FAUX SAGUARO SMART SIGNAL ROUTER ANTENNA AT "TRACT K" AT THE COPPERWYND RESORT, LOCATED IN THE "R-5" ZONING DISTRICT. CASE #SU2015-05. Councilmember Yates MOVED to approve the Special Use Permit #SU2015-05 to allow the installation of a 20-foot tall Faux Saguaro Smart Signal Router antenna at Track K at the Copperwynd Resort as presented and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #24 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT BY BRIAN & DEONE BAYLISS TO ALLOW A RESIDENTIAL APARTMENT AT 11883 N. SAGUARO BOULEVARD. THE PROPERTY IS LOCATED WITHIN THE C-3 COMMERCIAL ZONING DISTRICT. (CASE #SU2015-07). Mayor Kavanagh advised that there will be one Staff Report for Agenda Items #24 and #25. The Mayor declared the public hearing open at 7:38 p.m. Senior Planner Bob Rodgers informed the Council that Section 12.03F of the Zoning Ordinance allows residential dwellings to be created within a Commercial Zoning District (in this case the C-3 Zoning District, by Special Use Permit only). He advised that this application was submitted by Brian and Deone Bayliss, the property owners at 11883 N. Saguaro Boulevard, for a second-story apartment for their own use above their business. He highlighted a brief PowerPoint presentation (copies of which are available on line and in the office of the Town Clerk) and referred to an aerial of the property, which is currently located between two strip centers on Saguaro Boulevard. He said that the ground floor would remain commercial space and the apartment is not intended to be a part of the commercial operations. He added that the proposal would make alterations mainly to the interior of the building. He stated that staff recommends approval of the Special Use Permit as presented and the Planning & Zoning Commission also voted to forward a recommendation for approval of the request subject to the stipulations in the Staff Report. In response to a request for clarification from Councilmember Hansen, Mr. Rodgers advised that it is his understanding that the apartment will be used by the owners and will not be rented out. He said that they are present if Councilmember Hansen would like to ask them the question directly. Brian Bayliss addressed the Council and said that he and his wife own Desert Hills Plaza. He advised that if they ever sell the building the stipulation would be that it remain as a single -family dwelling. He confirmed that he and his wife are planning on moving into the apartment after the remodel but it would always be that same zoning so you'd have to look at it as a single-family dwelling -- it is just one apartment. There were two individuals who wished to speak on this item (in addition to Mr. Bayliss who already presented his remarks). Sara Regeski, a resident of Fountain Hills, informed the Council that she owns the property next door (11881 N. Saguaro Boulevard). She stated that she is fine with it being a residence but has concerns if it is going to be used as a rental because of the property she owns next door and the liability of somebody parking on her property and possibly getting hurt. She noted that the properties are very close to one another. (The second speaker was no longer present in the audience to present remarks.) Mayor Kavanagh asked if someone could provide information on parking at the property and Mr. Bayliss explained that the area between the two buildings has a driveway and the back of the building is set up with twelve parking spots. z:\council packets\2015\r150806\150618m.docx Page 12 of 24 He added that as far as overflow parking, he thinks there would be more from the business than from the rental just because it is just one unit and there is plenty of space for both (there is a 70' by 80' area behind the building and there is also a common area, a breezeway, which is an additional 300 square feet for a common area). Councilmember Hansen asked whether there was any way to stipulate that the apartment parking would have to be on the property. Town Attorney Andrew McGuire responded that he thinks the stipulation would certainly be allowable under the Code and noted that it is also part and parcel of the Code that parking occur on the site but it certainly could be added if that is something she would like to do. He confirmed that since that is already in the Code it would be enforceable. The applicant advised that that would be acceptable to him. The Mayor declared the Public Hearing closed at 7:45 p.m. AGENDA ITEM #25 - CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT BY BRIAN & DEONE BAYLISS TO ALLOW A RESIDENTIAL APARTMENT AT 11883 N. SAGUARO BOULEVARD. THE PROPERTY IS LOCATED WITHIN THE C-3 COMMERICAL ZONING DISTRICT. (CASE #SU2015-07). Councilmember Leger MOVED to approve the Special Use Permit to allow an apartment at 11883 N. Saguaro Boulevard as presented and subject to stipulations outlined in the Staff Report and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #26 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT BY VLADIMIR BUER TO ALLOW THE FOUNTAIN VIEW AUTO CENTER, A NEW & USED AUTO DEALERSHIP AT 13040-13048 N. VERDE RIVER DRIVE. THE PROPERTY IS LOCATED WITHIN THE C-2 COMMERCIAL ZONING DISTRICT. (CASE #SU2015-09). Mayor Kavanagh advised that there will be one Staff Report for Agenda Items #26 and #27 and said that all public input will be taken during the Public Hearing. The Mayor declared the Public Hearing open at 7:46 p.m. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and said that this is an application submitted by Vladimir Buer for approval of a Special Use Permit for the Fountain View Auto Center. He reported that the site consists of two vacant lots on the southwest corner of N. Verde Drive and discussed the total project area. He advised that the property is zoned C-2 and has the ability to utilize the Plat 208 common parking lot. He pointed out that automobile sales uses must receive a Special Use Permit in order to be located in this district. He further stated that the General Plan, Downtown Area Specific Plan, identifies this area as the "Avenue District," which is a primarily commercial district that would also allow for limited residential and entertainment uses. He said that the proposed use is consistent with this district, subject to the Special Use Permit as previously stated. He noted that the Center is a proposed three-story (approximately 40'-tall) automobile sales showroom building located on the corner of Parkview and Verde River Drive in the Downtown area. He said that vehicular access will be via an internal ramp and there will be a bay door in the rear of the building for access from the parking lot and a sliding gl ass door in the front. He advised that all vehicle displays, repairs and storage will be on the site. He further stated that staff and customer parking will be in the Plat 208 common parking area and the preliminary landscaping plan that has been submitted meets the ordinance requirements for low water use plants and additional landscape elements. He said that signage will be permitted separately according to the requirements in Chapter 6 of the Zoning Ordinance. He discussed the building's stucco finish and large windows for showroom displays as well as outdoor display areas adjacent to the front of the building. He commented on the fact that the design is consistent with the Downtown Architectural Guidelines. Mr. Rodgers stated that staff has reviewed the proposal and generally finds it to be in keeping with the Town's ordinance requirements and no additional variances or waivers are requested or required for approval. He added that the Planning & Zoning Commission approved the Concept Plan on June 11th and also forwarded a recommendation to approve the Special Use Permit as presented and subject to the stipulations outlined in the Staff Report. He noted that the applicant is present in the audience should the Council wish to pose any questions. z:\council packets\2015\r150806\150618m.docx Page 13 of 24 There were no citizens wishing to speak on this agenda item. Councilmember Hansen pointed out that there is a reference in the report that there is room for a waiting service area and asked whether that means certain vehicles will also be serviced on site. Mr. Rodgers responded that it will be a typical new and used auto dealership so there will be auto servicing but it will all be inside the building. Councilmember Hansen stated that if mechanical work is done on the second floor for example, she would like to know how the resulting chemical wastes are dealt with. Mr. Buer, a resident of Fountain Hills and the applicant, advised that the servicing will take place on the first floor and minor services will be performed. He said that he is in negotiations with the property owner next door for service and parts. Councilmember Magazine noted that servicing new cars mainly consists of changing the oil and those types of things but they are also going to have used cars and asked if Mr. Buer will be working on them. Mr. Buer replied that there will be trade-ins for new cars and he will not be servicing the trade-ins. Councilmember Magazine asked whether Mr. Buer had any idea of the percentage of new cars versus older cars that he will have on site and Mr. Buer answered not at this point in time. Councilmember Magazine explained that he would really like to know the answer to that question because there is a big difference between new car sales and used car sales and the Town has several used car facilities in Town. He asked Mr. Buer to discuss the timing as far as construction and Mr. Buer informed him that the work would be done within 18 months. Mayor Kavanagh declared the public hearing closed at 7:52 p.m. AGENDA ITEM #27 - CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT BY VLADIMIR BUER TO ALLOW THE FOUNTAIN VIEW AUTO CENTER, A NEW & USED AUTO DEALERSHIP AT 13040-13048 N. VERDE RIVER DRIVE. THE PROPERTY IS LOCATED WITHIN THE C-2 COMMERCIAL ZONING DISTRICT. (CASE #SU2015-09). Vice Mayor Brown MOVED to approve the proposed Special Use Permit to allow the Fountain View Auto Center, a new and used auto dealership at 13030-13048 N. Verde River Drive within the C-2 Commercial Zoning District as presented and subject to the stipulations outlined in the Staff Report and Councilmember Hansen SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). Mayor Kavanagh declared a brief recess at 7:53 p.m. and the meeting reconvened at 8:05 p.m. AGENDA ITEM #28 - PUBLIC HEARING TO RECEIVE COMMENTS ON RESOLUTION 2015-31, A PROPOSED MINOR AMENDMENT TO THE TOWN OF FOUNTAIN HILLS' GENERAL PLAN 2010 - TOWN CENTER AREA SPECIFIC PLAN. IF ADOPTED, THE AMENDMENT WILL ALLOW AN ASSISTED LIVING FACILITY TO BE A PERMITTED USE WITHIN THE "SOUTH END DISTRICT." (CASE #GPA2015-03). Mayor Kavanagh advised that the four public hearings have been combined and they are going to take public comments for #28, #30, #32 and #34 at this time, so if anyone wishes to speak on any of those agenda items, they should submit a speaker card to do so at this time. Mayor Kavanagh declared the Public Hearings open at 8:06 p.m. Mr. Grady noted that Mr. Rogers distributed a handout prior to the meeting, which breaks down each of these action items. z:\council packets\2015\r150806\150618m.docx Page 14 of 24 Mr. Rodgers addressed the Council relative to this agenda item and advised that the N-Shea Group is proposing the MorningStar of Fountain Hills, a 91-room, 111 bed assisted living and memory care facility at the northeast corner of Verde River Drive and Paul Nordin Parkway. He noted that the site consists of three existing vacant lots with a total area of 2.34 acres and is adjacent to the Lexington Inn on the east and to the Village at Town Center condominiums to the south. He added that the remaining property around the site is vacant and all of the vacant property, including this site, are currently zoned TCCD. He noted that MorningStar is a PAD proposal and in order for this to be completed four distinct requests have to be fulfilled: 1) Resolution 2015-31 is a request to amend the Downtown Area Specific Plan South End District Guidelines to allow an Assisted Living Facility to be a permitted use within the South End District; 2) Resolution 2015-32 is a Minor Amendment to the General Plan 2010 to allow the maximum residential density to increase from 12 dwelling units per acre to 28 dwelling units per acre within the Town Center Area. 3) Ordinance 15-07 is a Text Amendment to the Zoning Ordinance, Section 23.06(l) to reduce the minimum lot size requirement for PAD zoning from 5 acres to 3 acres in the Downtown Area; and 4) Ordinance 15-08, an amendment to the Town of Fountain Hills Zoning Map, to rezone approximately 3.3 acres at 16750 - 16820 N. Paul Nordin Parkway, from the TCCD zoning district to the MorningStar PAD zoning district and allow the construction of a 111-bed Assisted Living Facility. Mr. Rodgers continued on and highlighted a PowerPoint presentation (Copy available on-line and in the office of the Town Clerk) that also covered the following: * Concept Plan of Development * Architectural Elevations * General Plan Amendments * Zoning Amendments Mr. Rodgers also reviewed the following recommendations relative to MorningStar, as listed on the handout previously referred to by Mr. Miller: * Resolution 2015-31 - GP/Downtown Area Specific Plan Amendment (Allow Assisted Living Use) Staff recommends - DENY as the use is inconsistent with the stated goals of the Downtown District. The Planning & Zoning Commission voted 5-2 to recommend APPROVE * Resolution 2015-32 - GP Amendment (Change 12 units/acre to 28 units/acre) Staff recommends - APPROVE for the Downtown Area only The Planning & Zoning commission voted 6-1 to recommend - APPROVE for the Downtown Area only * Ordinance 15-07 - Zoning Text Amendment (Change PAD requirement from 5 acres to 3 acres) Staff recommends - APPROVE for the Downtown Area only The Planning & Zoning Commission voted 7-0 to recommend - APPROVE for the Downtown Area only * Ordinance 15-08 - Zoning Amendment (Morningstar PAD Zoning District and Guidelines) Staff recommends - APPROVE as amended IF Resolutions 2015-31 and 2015-32 and Ordinance 15-07 are also approved. If any one of those votes fail, this PAD amendment will not qualify for approval. The Planning & Zoning Commission voted 5-2 to recommend - APPROVE, subject to the stipulations outlined in the Staff Report as well as staff's recommended amendments to the PAD guidelines regarding the parking spaces and trash receptacles. Mr. Rodgers noted that additionally the Planning & Zoning Commission voted 5-2 to approve the MorningStar Concept Plan as presented at their meeting, subject to the stipulations in the Staff Report and Council's approval of everything else. z:\council packets\2015\r150806\150618m.docx Page 15 of 24 Mr. Rodgers informed the Council that the applicants are present to respond to any questions from the Council and added that they too have a presentation they would like to make. Matt Turner with MorningStar Senior Living addressed the Council and advised that he is one of two principles in the company and is based in Denver Colorado and partnering with the N-Shea group. Mr. Turner highlighted a brief presentation that covered the following topics which are available on line and in the office of the Town Clerk: * Introduction - Applicant Background, Project Summary, MorningStar of Fountain Hills and Operations - MorningStar Senior Living * Proposed Planned Area Development * Development Plan 1. Proposed Name of Development 2. Applicant Information 3. Legal Description 4. Location Map 5. Site Conditions 6. Proposed Land Use Areas 7. Parking Plan & Circulation Patterns 8. Signage 9. Lighting * Development Schedule * Economic Impact on the Town of Fountain Hills Mr. Turner advised that the company's architect, Wade Felkins, would now like to address the Council. Mr. Felkins addressed the Council and noted that he is the architect of record for the MorningStar of Fountain Hills ' project. He said that he previously lived in Town and is currently looking to move back and provided brief background information on himself including work he has been involved in with the Town. He stated that there has always been a challenge as far as what to do with the three one-acre parcels and noted that the lots lack sufficient traffic flow to ensure that any retail use would thrive and the glut of un-leased space throughout the Town makes the possibility of developing a commercial office building pretty unlikely and row housing would not work for that site because of the overlapping and conflicting requirements. He added that apartments and/or condominiums would not work because of the density restrictions and discussed a variety of difficulties associated with developing a multi- family project on these lots. He further stated that there is a hotel in the area so that would not be a viable project either. He discussed other options that were considered and then discarded for one reason or another, noted that the site plan before the Council is the result of six months of work by the team and expressed the opinion that the proposed use is the best use for this property. Mr. Felkins noted that staff has recommended approval of a vast majority of the requests and so he would like to limit his comments to address three issues. He advised that one is the Minor General Plan Amendment, Resolutions 2015 - 31 and two zoning ordinance waivers for parking and the dumpsters. He referred to the Minor General Plan Amendment and said that he believes staff has brought forward only half of the story and in August of 2009, Swaback Partners introduced what they termed a Strategic Framework Plan for the Downtown. He explained that the plan divided the Town into nine areas and placed the subject site in an area labeled South End District (the plan was originally termed a "Visioning Exercise" and as such did not receive any approval from the potentially affected property owners). He added that in December of 2009, the Council adopted the plan and renamed it the Downtown Area Specific Plan, some provisions of which staff has used to provide a recommendation of denial on the Minor General Plan Amendment. He stated that within the body of both the Vision statement and the Area Specific Plan there is a statement that reads in part, "While the Vision Framework Plan provides a snapshot in time of a single preferred scenario for development, it is important that flexibility remains within the context of any future initiatives." He further stated that no one has a crystal ball with all the answers to future economic factors, conditions and directions and the Town needs to be able to react to future possible alterations in the Vision direction that may impact the physical organization of Downtown. He said that staff has also failed to mention that the goals cited in the Area Specific Plan, i.e. a mixed use character village square element, etc., conflict with the 2008 provisions contained in the Town Center Commercial District zoning. He point ed out that TCCD zoning is currently the recorded zoning for the subject parcels and within the TCCD District there are no such requirements. He noted that the zoning of the subject z:\council packets\2015\r150806\150618m.docx Page 16 of 24 site allows for the development of an assisted living facility subject only to the approval of a Special Use Permit. He commented that as the Vision Plan cites the need for flexibility, it does not mandate a single vision and the current zoning allows for assisted living. He informed the Council that he and everyone associate d with the proposed project feels strongly that their application should be approved as it is an entitled use under TCCD regulations. Mr. Felkins further informed the Council that the landowner approved the zoning change from C -2 to TCCD and that approval did not include any provision to incorporate any Vision Plan design or requirements. He emphasized that this is not to say that the applicant does not share the Town's vision and pointed out that the applicant is under contract to purchase the adjoining parcels and his firm was retained in December of 2014 to develop a master plan for the remaining vacant land. He advised that a master plan was submitted in January and has been the subject of numerous newspaper articles and chats on social media. He said that staff has given them a lengthy list of comments, over 180 for the entire master plan, and they are currently working on a revised concept which will address staff's concerns, such as mixed-use development and prominent park and village square elements. He stated that in that plan they intend to meet or exceed many of the Town's stated goals for the creation of a vibrant Downtown. He expressed the opinion that MorningStar of Fountain Hills will make an effective transition between the residential use to the south and further Downtown development and will provide a safe, stable and secure base from which to build the Town's core. He added that the business model is sound and as staff has stated, the project will provide jobs as well as tax revenue for the Town. Mr. Felkins commented that there were two other issues he wished to address regarding their concept design -- the parking stall depth is one. He said that they are suggesting that they adjust the length of the parking stalls from 19 feet to 17 feet, taking the two feet and reducing the pavement section and creating an additional two feet of landscape buffer underneath the cars. He briefly discussed parking stall depth regulations in other municipalities such as Mesa. He added that as far as the dumpster waiver request, they are asking for a reduction in the required number of trash dumpsters and reported that this facility will generate less than half of the amount of trash that would be generated by an apartment complex of equal density. He noted that they are also planning to put in a trash dumpster just off of the northeast corner (he referred to the proposed location on the site plan). Discussion ensued relative to the fact that the Vision Plan, when first presented, ended with a secti on that was entitled, "Of all that has been suggested" and in that summation, Swaback Partners conclude with the following question, "How can this process be best manifested into the future?"; the fact that several bullet points were listed, three of which were (1) Sell plan to developers; (2) Sell plan to people and (3) Vision champions; Mr. Felkins comment that they stand here tonight sold on that vision and they have a developer with funding in place to implement that vision; the fact that there are many residents in attendance who support the proposed project and they want to be the Town's Vision Champions; and the fact that by approving this application, the Council will help them take the first crucial step towards attaining that vision. Mr. Felkins indicated his willingness to respond to questions from the Council. Councilmember Magazine asked Mr. Turner whether in his other facilities he has any trained medical personnel on staff and Mr. Turner responded that they have a combination of Licensed Practical Nurses and Registered Nurses. He confirmed that some of his other facilities are comparable in terms of the number of beds. Councilmember Magazine asked what the need has been for emergency vehicles at those facilities (how many incidents?) and Mr. Turner advised that statistically they ran an analysis of their other projects and a 12 month analysis both with sirens and lights and non-emergency trips showed roughly one visit per week and about 2/3rds of those were emergency visits. Councilmember Magazine asked whether the mix of beds were similar in terms of the kinds of people they would have there and Mr. Turner replied that it will be basically the same. In response to a question from Councilmember Magazine relative to the percentage of occupancy i n some of the other facilities, Mr. Turner reported that the average occupancy is around 90%. z:\council packets\2015\r150806\150618m.docx Page 17 of 24 Councilmember Magazine asked Mr. Turner how many dumpsters they have and he said it ranges by project and by size but for a project of comparable size they typically have two dumpsters and sometimes one. He clarified that their request is for one larger dumpster. Councilmember Magazine asked Mr. Turner if he would be putting in some fairly large, mature trees, bushes and shrubs to serve as a sight buffer from the condominiums if the project is approved and Mr. Turner advised that he would defer that question to the architect or Mr. Bart Shea. Mr. Shea addressed the Council and responded that the off sites are pretty much complete on Paul Nordin Parkway at this time and on the front side of the project they have trees and on the front sides of the buildings they have trees. H e noted that right now they are scheduled for anywhere from a 24" to 42" box trees (the front end is the Paul Nordin side). Councilmember Yates asked whether the building height would exceed the maximum in this area and Mr. Rodgers responded no, the building height is 31 feet. Councilmember Yates and why staff does not support the reduction in the length of the parking spots and Mr. Rodgers advised that the concern is that there are going to be shorter spaces more resembling a compact space and the site is significantly over-parked right now with 91 spaces versus the 28 that would be required. He added that staff believes they have room to actually keep the proper sized spaces and noted that allowing the vehicles to overhang into the landscaped areas is okay as long as there are no bushes or trees or anything right there that are going to hit the cars (and then they get leakage into the ground areas). He stated that staff tries not to allow that either. Councilmember Yates questioned why staff believes three dumpsters are needed when the applicant is saying that they have calculated this and only one is needed. Mr. Rodgers informed Councilmember Yates that the ordinance is what is requiring the three dumpsters based on the square footage of this use (x number of dumpsters per x amount of square footage) and that calculation actually came out to four dumpsters. Councilmember Yates commented that it sounds as though staff is deeming this a residential apartment complex as opposed to a commercial or institutional use and Mr. Rodgers said that the dumpster section doesn't even talk about the use per say, it is just the size of the building. Councilmember Yates noted that he is very familiar with the Vision Plan and was on the Planning & Zoning Commission when they did TCCD. He requested that Mr. Rodgers elaborate on why he feels this does not meet the Vision Plan after everything that has been said. He pointed out that that the site where the new/used car dealership is going to go, according to the plan, was supposed to be used for the development of a movie theater so how come they did not need a Vision Plan change on that case but they do on this one? Mr. Rodgers explained that all nine districts in the Downtown area are mixed use districts -- they were each given their own general character, all interchangeable to a certain point. He stated that this one was primarily a residential district in the back with commercial along The Avenue and that is what this district was supposed to do with the park and everything else. He added that it was all designed to create a vibrant, Downtown area and the use of an assisted living facility, in staff's mind, didn't lead towards an active and vibrant Downtown. Councilmember Yates advised that the proposal is a permitted use within the TCCD district and Mr. Rodgers clarified that it is a Special Use Permit use (allowed in the TCCD district with a Special Use Permit). Mr. Rodgers said that there might be a conflict but this PAD would take care of that confli ct by moving it out of the Special Use Permit category. Vice Mayor Brown reported that he has spent some time visiting with the Swaback group that assembled their Vision Plan for the Town and has had several lengthy conversations with Jeff and John about how to handle the review and as to whether this project would fit the Vision Plan and the Area Specific Plan and after those conversations it finally came out to yes, the developer has been in their office and has presented their entire Park Place as well as MorningStar has presented their assisted living facility. He advised that the three of them finally decided that the letter should z:\council packets\2015\r150806\150618m.docx Page 18 of 24 probably be written to the developer himself and he would like to share only the portion that pertains to the MorningStar of Fountain Hills Assisting Living Facility. He stated that they wrote, "Thank you for providing a review of your Master Plan vision for Downtown Fountain Hills. Your project is certainly in line with the intent of the Master Plan and subsequent Specific Area Plan. We endorse the proposed assisted living facility as part of your overall proposal. This provides an important use for Fountain Hills and its residents." The Vice Mayor commented that if there is any question about whether this is actually going to fit in as far as the Vision Plan, the group that spent a year to a year and a half putting this entire Vision Plan together and writing it for the Town is supporting this facility (Swaback). He added that he doesn't know where the conversat ion is even coming from as to whether it is part of the Area Specific Plan or isn't or whether it will work -- it is clearly being supported by the Swaback Group. He added with that being said, he doesn't know where staff has come up with the idea that it doesn't fit in with the Vision Plan. Councilmember Hansen referred to the dumpster calculation and asked when they calculate that whether it is based on the entire footprint of the building or do they take out the interior courtyard space or is that incl uded in the overall square footage as well. Mr. Rodgers advised that he doesn't have it in front of him but he believes that it is just the building footprint. Councilmember Hansen expressed the opinion that it doesn't seem right that it is calculated in that manner. Councilmember Leger apologized to the residents who emailed him late last night and this morning for not responding and said that he was still responding to the emails he had received earlier. He commented that people are passionate on both sides about the proposed project and as a Council they have been working for years to develop that particular area. He noted that he too spent a year and a half with the Swaback Group working on the plan and the takeaway from that was the theme -- mixed use. He added that when he looks at the project before them, it does fit the definition of a mixed use and the only down side is that the plan is not being accomplished in one swoop -- it is in stages. He said that he is continuing to listen to both sides and wants to be very thorough in his decision making. He further stated that one thing he has found interesting is that in a majority of the letters that he has received from residents he respects and who live in The Village at Town Center condominiums is that many are concerned about the Assisted Living use and so he went back and looked at the TCCD and what would be permitted under that category. He listed a number of permitted uses including an amusement arcade, banks, childcare centers, food stores, furniture stores, health spas, gymnasiums, hotels, motels, parking garages, private schools (academic) and public and private schools vocational. He noted that those are several that he picked from a long list of around 37 uses in that particular area. He advised that he is very sensitive to their concerns about where they are living and what is being built there and he thinks that either one of these uses which are permitted could have what the residents would consider as adverse an effect as they are implying the Assisted Living facility would have. He pointed out that the proposal is actually a permitted use by Special Use Permit and it is not uncommon when they are looking at developing areas to look at Special Use Permits. He further stated that most of the opposition that he has received has been from The Village at Town Center and stated that his question is if this is C-2 zoning, how did residential wind up there and Mr. Rodgers replied by Special Use Permit. Councilmember Hansen asked whether there is a particular ordinance that says that all of those five lots in that one block need to be planned and developed at one time and Mr. Rodgers responded no. Councilmember Hansen stated that there is nothing then that would dictate that this whole thing needs to be planned and presented at one time. Mr. Rodgers replied no and explained that the issue with this was not with the entire package being presented at the same time as one big project, the issue became having this as a stand-alone project like it is that is related to another project that may or may not happen. Councilmember Hansen expressed the opinion that many of the concerns they heard were that this shouldn't be allowed to go forward without the other components and she was thinking what if there were two different property owners and they were only looking at developing the three lots? Mr. Rodgers stated that it would go through the same process that this is going through if it was for the same use. z:\council packets\2015\r150806\150618m.docx Page 19 of 24 Mayor Kavanagh commented that at this point all of her questions have already been answered except for one. She said that another point that was brought out in some of the letters that were received is that this is not necessary for Fountain Hills, there's no need for it. She advised that when she attended the P&Z meeting, she remembered that that question was asked and she believes Paul Mood answered it. She asked Mr. Rodgers if he had Mr. Mood's notes and noted that he had investigated occupancy at Fountain View Village. Mr. Rodgers replied that he did not but they are in the P&Z minutes, which should be in the Council's packets and he believes they said they were at about 90% occupancy. The Mayor advised that that is what she remembers too and the majority of the people were eith er people living in Fountain Hills who gave up their homes and wanted to live there or they were relatives of people living in Fountain Hills. Town Clerk Bevelyn Bender advised that she has received seven requests to speak, one from a citizen who wanted t he Council to know that they opposed the project but does not wish to speak. The following residents spoke in support of approving the Special Use Permit as requested for the reasons listed below: Todd Brecto, Fountain Hills Yvonne Wyman, Fountain Hills The group is presenting a wonderful opportunity for the Town of Fountain Hills; the location is ideal for an Assisted Living facility; the land has been vacant for such a long time and it is refreshing to see that there might be some new development occurring in their Downtown area; the project will generate other businesses and it is a beautiful building with a lot of positives; the story about a woman in Town who had wandered all the way from Sunflower into the Downtown area so they really don't know where people will wander off to. The following residents spoke in opposition to approving the Special Use Permit as requested for the reasons listed below: David Bickler, MD, Fountain Hills Valley Goforth, Fountain Hills Linda Bordow, Fountain Hills There are 12 licensed Assisted Living businesses in Fountain Hills and none are located anywhere near Fountain Lake; the business owners have the common sense to know that locating an assisted living facility or home in such a location would not be safe for the residents; residents wander from such facilities and this is very common because the residents are not supervised 24 hours a day; wandering also occurs from memory units within these facilities which are not escape proof; as far as wandering residents, drowning is among the top three causes of death and has occurred in a number of places in the United States in recent years; wandering residents choose the path of least resistance, downhill, and they wander an average of a half mile; individuals with dementia are especially vulnerable to drowning in lakes as they are known to walk straight into water without recognizing the danger; the Town's property, Fountain Lake and Park, are in a dangerous condition given what is known about wandering residents; the lake is downhill and well within the half mile of the proposed site and the lake has a very long perimeter, none of which is fenced and has down sloping terrain towards its shoreline encouraging wandering residents to walk towards the water's edge and fall for ward into the water; the lake also has a large fountain which will attract many MorningStar residents, greatly increasing the chance that one or more will wander to the lake's edge, fall in and drown; the liability for actual and punitive damages in a drowning case are huge, in the order of tens of millions of dollars and the company would have little or no financial resources to pay for such a settlement, leaving the Town to be named as the responsible party because they are being warned tonight by a physician that residents wander and they drown and it is foreseeable and will occur here; many residents are concerned about the rest of the project and are asking for full disclosure of the plans before anything gets approved and even with full disclosure, Ms. Goforth would not want four story structures going up on The Avenue, if that in fact is planned; ordinances are in place to protect the character of the Town and its small -town atmosphere and setting is the reason most residents moved here in the first place; even if the lot is viewed as an eyesore by some, it has the potential for something that will enhance the Town aesthetically and financially; if the z:\council packets\2015\r150806\150618m.docx Page 20 of 24 project is allowed to move forward, it will become a permanent eyesore for many; a better location for this might be found; the questionable likelihood of the retail spaces being filled as well as the facility; the character of The Avenue will change with 400 apartments; the Mayor's comment that speakers must speak only to the item that has been agendized and other remarks should have been made under the Call to the Public; noise concerns and if people are concerned about noise they should not move there; dumpsters and the fact that if there is a bistro on site one dumpster being sufficient is very questionable; a question as to whether the facility build is contingent upon the project up and down The Avenue with the storefronts and the above units and if so that is not fair -- they should do them separately; concerns about properties that have been on the market for rent for three years with no success; concerns regarding the Fire Station on Palisades being the lead call for this facility and the fact that they are already busy so anytime they have a call for this facility it will create more work for Fire personnel and EMTs; the fact that the Swaback Plan was done over a decade ago (the Council corrected that statement and said it was created approximately 5 years ago) and the fact that that was before they lost a lot of their younger population so perhaps tweaks to the plan need to be made; a question as to whether the Town receives tax on the rental units and, if so, does that also apply to other things that will occur inside the facility (i.e. eating in the bistro, etc.); the fact that the Town doesn't own this property so they have to have a developer come in and do it; and concerns about people wandering from the facility and potential liabilities. The other speaker was no longer present at the meeting. The Mayor declared the Public Hearing closed at 9:14 p.m. AGENDA ITEM #29 - CONSIDERATION OF RESOLUTION 2015-31, A PROPOSED MINOR AMENDMENT TO THE TOWN OF FOUNTAIN HILLS' GENERAL PLAN 2010 - TOWN CENTER AREA SPECIFIC PLAN. IF ADOPTED, THE AMENDMENT WILL ALLOW AN ASSISTED LIVING FACILITY TO BE A PERMITTED USE WITHIN THE "SOUTH END DISTRICT." (CASE #GPA2015-03). Mayor Kavanagh advised that four separate motions will be needed for Agenda Items #29, #31, #33 and #35. Vice Mayor Brown MOVED to approve Resolution #2015-31, to allow an Assisted Living Facility to be a permitted use within the South End District as presented and subject to the stipulations outlined in the Staff Report . Councilmember Yates asked Vice Mayor Brown whether he could amend that motion and the Vice Mayor responded certainly. Councilmember Yates MOVED to amend the motion to include the parking change requested by the developer to be 17 feet with two extra feet of landscaping and to accommodate the dumpster needs as outlined by their operations. Town Attorney Andrew McGuire advised that Vice Mayor Brown's original motion is WITHDRAWN and Councilmember Yates' motion has been substituted subject to his approval. Vice Mayor Brown SECONDED the motion. Councilmember Magazine thanked the citizens who not only showed up this evening but also sent a number of emails and assured them that he fully understands their concerns and has struggled long and hard on this and to be honest, when he first heard about it he was very much in favor of it but after stud ying the plan and looking at it carefully, he has to admit that he has some concerns and all things being equal he probably would not support it. He pointed out that they don't live in an ideal world and have to make difficult choices sometimes. He said that Councilmember Leger went through a list of possible developments for that property that he has a copy of and noted that there are 37 possible uses and so by turning this down it is really a roll of the dice. He stated that he knows this hearing is no t supposed to be about Park Place but he has a real concern that if this isn't approved, the developer will walk away from Park Place and he for one wants to have a chance to take a good hard look at that plan. He further stated that while he is not pre - judging it, he thinks that the concept is good for the Town and he thinks they need to have a real Downtown -- they don't have one now, they have commercial spread out all over the place. He expressed the opinion that this would give them a real Downtown and pointed out that they need more taxpayers and if Park Place is approved with changes he thinks it will have around 600 residents and also if it is approved he thinks that some of the other vacant lots around the Downtown area are likely to be developed. He further stated that if they turn it down, no developer in their right mind is going to come to Fountain Hills and try to develop that property. z:\council packets\2015\r150806\150618m.docx Page 21 of 24 In response to a request for clarification from Mayor Kavanagh as to whether they can talk about Park Plac e under this agenda item, Mr. McGuire advised that the same way the speakers were limited, this is just the PAD and right now the topic is the General Plan Amendment. He added that they are on the resolution that amends the Specific Area Plan and the motion included additional stipulations. Councilmember Yates advised that it includes the request of the developers to have the parking stall be 17 feet with a 2 foot landscaping area as opposed to the two additional feet of asphalt and then based on their operation analysis to allow the one dumpster as opposed to the Town requested number of dumpsters. Mr. McGuire commented that it is probably more appropriate in the actual rezoning of the PAD because the Specific Area Plan doesn't have that level of detai l in it -- Specific Area Plans cover General Plan issues and doesn't have parking stall lengths and depths. He added that in the MorningStar PAD rezoning ordinance would be the appropriate place for that. Councilmember Yates stated as that is transferred over to his motion as advised by the Town Attorney that he will rescind those two items and the Vice Mayor agreed and SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #30 - PUBLIC HEARING TO RECEIVE COMMENTS ON RESOLUTION 2015-32, A PROPOSED MINOR AMENDMENT TO THE TOWN OF FOUNTAIN HILLS' GENERAL PLAN 2010. IF ADOPTED, THE AMENDMENT WILL ALLOW A MAXIMUM RESIDENTIAL DENSITY INCREASE FROM 12 DWELLING UNITS PER ACRE TO 27.25 DWELLING UNITS PER ACRE TO BE PERMITTED WITHIN THE TOWN CENTER AREA. (CASE #GPA2015-04). See discussion under Agenda Item #28. AGENDA ITEM #31 - CONSIDERATION OF RESOLUTION 2015-32, A PROPOSED MINOR AMENDMENT TO THE TOWN OF FOUNTAIN HILLS' GENERAL PLAN 2010. IF ADOPTED, THE AMENDMENT WILL ALLOW A MAXIMUM RESIDENTIAL DENSITY INCREASE FROM 12 DWELLING UNITS PER ACRE TO 27.25 DWELLING UNITS PER ACRE TO BE PERMITTED WITHIN THE TOWN CENTER AREA. (CASE #GPA2015-04). Councilmember Yates MOVED to approve Resolution 2015-32, a Minor General Plan Amendment to allow a maximum residential density increase from 12 dwelling units per acre to 27.25 dwelling units per acre within the Town Center Area as presented and subject to the stipulations outlined in the Staff Report and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #32 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 15-07, A PROPOSED TEXT AMENDMENT TO THE TOWN OF FOUNTAIN HILLS' ZONING ORDINANCE, SECTION 23.06(I). IF APPROVED, THE AMENDMENT WILL REDUCE THE MINIMUM LOT SIZE REQUIREMENT FOR PAD ZONING FROM 5 ACRES TO 3 ACRES. (CASE #Z2015-04). See discussion under Agenda Item #28. AGENDA ITEM #33 - CONSIDERATION OF ORDINANCE 15-07, A PROPOSED TEXT AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, SECTION 23.06(I). IF APPROVED, THE AMENDMENT WILL REDUCE THE MINIMUM LOT SIZE REQUIREMENT FOR PAD ZONING FROM 5 ACRES TO 3 ACRES. (CASE Z2015-04). Vice Mayor Brown MOVED to approve Ordinance 15-07, an amendment to the Zoning Ordinance, Section 23.06(I) to allow a 3-acre PAD within the Downtown Area Specific Plan as presented and Councilmember DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). z:\council packets\2015\r150806\150618m.docx Page 22 of 24 AGENDA ITEM #34 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 15-08, A PROPOSED AMENDMENT TO THE TOWN OF FOUNTAIN HILLS' ZONING M AP. IF ADOPTED, THE AMENDMENT WOULD REZONE APPROXIMATELY 3.3 ACRES AT 16750-16820 N. PAUL NORDIN PARKWAY, FROM THE "TCCD" ZONING DISTRICT TO THE "MORNINGSTAR PAD" ZONING DISTRICT. IF APPROVED, THE REZONING WILL ALLOW THE CONSTRUCTION OF A 111 BED ASSISTED LIVING FACILITY. (CASE #Z2015-05). See discussion under Agenda Item #28. AGENDA ITEM #35 - CONSIDERATION OF ORDINANCE 15-08, A PROPOSED MINOR AMENDMENT TO THE TOWN OF FOUNTAIN HILLS' GENERAL PLAN 2010. IF ADOPTED, THE AMENDMENT WILL ALLOW A MAXIMUM RESIDENTIAL DENSITY INCREASE FROM 12 DWELLING UNITS PER ACRE TO 27.25 DWELLING UNITS PER ACRE TO BE PERMITTED WITHIN THE TOWN CENTER AREA. (CASE #Z2015-05). Councilmember Yates MOVED to approve Ordinance 15-08, the MorningStar PAD, subject to the Minor General Plan Amendment being approved, the PAD Guidelines being amended per the Staff's recommendations and approval of the Concept Plan by the Planning & Zoning Commission with the additions of the parking stalls being curtailed to 17 feet with a two-foot landscape buffer and one dumpster per the operation advice of the operator and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #36 - CONSIDERATION OF RESOLUTION 2015-14, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO AD VALOREM TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO B E REQUIRED IN THE ANNUAL BUDGET, SPECIFICALLY FOR THE PURPOSE OF PAYING PRINCIPAL AND INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR BEGINNING JULY 1, 2015 AND ENDING JUNE 30, 2016. Town Manager Grady Miller addressed the Council relative to this agenda item and said that this is a request from staff to approve a resolution which establishes the levy for next Fiscal Year. He explained that the levy is used to generate revenue, which is then used to support and pay the debt service that the Town has or bonded indebtedness. He noted that the Town's needs for the next fiscal year amount to approximately $2 million and the levy would generate approximately $2 million and the estimated secondary property tax rate would be $.52 per $100 of assessed valuation, compared to $.11 for the current fiscal year. He stated that the reason for the increase is the Saguaro Project that the Town took on this current year. Mr. Miller advised that staff recommends approval of the resolution. There were no citizens wishing to speak on this agenda item. Councilmember Leger MOVED to approve Resolution 2015-14 and Councilmember DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #37 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. 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. Councilmember Yates stated that perhaps at a Work Study Session they could start looking into the policy of what is included in the Council's packets and what constitutes a valid submission or a valid opinion, things along those lines. He added that primarily someone who wants to add value should sign their name or have s ome contact information, whatever that looks like he is interested in seeing it. Mr. Miller advised that staff will follow up on Councilmember Yates' direction and come back with a recommendation. z:\council packets\2015\r150806\150618m.docx Page 23 of 24 Councilmember DePorter advised that he recently had lunch with Scott Cooper and he knows that it is common in other municipalities to obtain an Economic Development Director's recommendation on certain things that come before them out of P&Z and before them at various times and Mr. Miller agreed with Councilmemb er DePorter's comment and noted that clearly a couple of the items discussed this evening could have been accompanied by a recommendation from staff so they will take that to heart and do that in the future. Councilmember Leger expressed the opinion that one of the things it would be important to look at based on two prior meetings is he would really like to see them take a look at their General Plan and their zoning and make sure that they are consistent. AGENDA ITEM #38 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER. Mayor Kavanagh advised that the Town's 4th of July team met for final planning and the 4th at the Fountain is going to be bigger and better than ever. She encouraged everyone to come hungry because there will be lots of food and beer sponsored by the Amvets and added that the kids will love the bouncies, rock wall and the train. She advised that the Skyhawks Parachuters will be landing in the park and there will be music all evening on the Showmobile stage -- and, of course, what makes this event a blast .... the Fireworks! The Mayor gave a huge thank you to all of the sponsors which includes businesses, corporations and individuals without whom this event would not happen and a special thank you to the hard working team of Phyliss Kern, Christine Colley and Sam Coffee, working along with the Town team. She also extended a big thank you to Republic Services, the Town's trash collector, for donating the big blue recycling cans everyone will soon see in Fountain Park. She said that when she contacted Republic about getting recycling cans, they didn't have the water bottle style cans that would be appropriate for the park so Republic did some research, found the cans at a container company, purchas ed them at their expense and then gifted them to the Town. She pointed out that Republic has been an awesome community minded service providing, giving them the $10,000 grant each year and donating to other Town events. She further stated that although August is Drowning Awareness Month, the swimming season has started and emphasized that their firemen and women would like to remind everyone to watch the kids around water -- let's have a safe summer here in Town. She announced that the Council will not have formal meetings in July, so on behalf of all of them, she wanted to wish everyone a great summer. She said that there are lots of activities fo r kids available through the Community Services Department and encouraged everyone to check them out on the Town's website. She added that Senior Services will be running all summer and Town staff will continue working to service the community needs. She advised that she will see everyone on the 4th at the Fountain! Councilmember Yates welcomed Grady Miller to the Town Manager's position and said he did a great job at his first meeting. He added that he is excited about working with him. AGENDA ITEM #39 - ADJOURNMENT Councilmember Yates MOVED to adjourn the meeting and Councilmember DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 9:27 p.m. z:\council packets\2015\r150806\150618m.docx Page 24 of 24 TOWN OF FOUNTAIN HILLS By _______________________________ Linda M. Kavanagh, Mayor ATTEST AND PREPARED BY: _________________________ Bevelyn 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 18th day of June, 2015. I further certify that the meeting was duly called and that a quorum was present. DATED this 6th day of August, 2015. _____________________________ Bevelyn Bender, Town Clerk