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HomeMy WebLinkAbout2002.0620.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE cor FOUNTAIN HILLS TOWN COUNCIL June 20,2002 Mayor-elect Jon Beydler convened the regular session at 5:00 p.m. AGENDA ITEM #1 - PURSUANT TO A.R.S. §38-431.03.A.1. AND A.R.S. §38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR: DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT,PROMOTION,DEMOTION,DISMISSAL,SALARIES,DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT WITH THE EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN 24 HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING. (THE COUNCIL WILL DISCUSS THE APPOINTMENT OF A MUNICIPAL JUDGE AND RESUMES OF POSSIBLE INTERIM TOWN MANAGERS.); AND TO OBTAIN LEGAL ADVICE FROM THE TOWN ATTORNEY REGARDING PENDING OR CONTEMPLATED LITIGATION SPECIFICALLY: CLAIMS FOR LEGAL WORK DONE FOR THE FOUNTAIN HILLS VOLUNTARY FIRE DISTRICT BY THE FIRMS OF MARTINEZ AND CURTIS AND BROWN AND BAIN. AGENDA ITEM#2-RETURN TO REGULAR SESSION Mayor Beydler recessed the executive session and reconvened the regular session at 6:20 p.m. towing the pledge to the flag and an invocation by Father Tot O'Dey,Church of the Ascension,roll call was taken. .0 ,L CALL -Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jon Beydler, Vice Mayor Kavanagh,and Councilmembers Rick Melendez,Kathleen Nicola,Mike Archambault,Susan Raiphe,and Leesa Fraverd. Also present were Town Attorney Bill Farrell, Acting Town Manager Roy Pederson, and Director of Administration/Town Clerk Cassie B.Hansen. Mayor Beydler read the consent agenda(items 1 -4): AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 6,7, 11 AND 17,2002. AGENDA ITEM#2 - CONSIDERATION OF THE EXTENSION OF PATIO/PERMIT REQUEST SUBMITTED BY SHAWNA WORDEN FOR THE ALAMO SALOON LOCATED AT 11807 N. SAGUARO BLVD. THE REQUEST IS FOR A TEMPORARY EXTENSION OF THE ALAMO'S LIQUOR LICENSE ON JUNE 22,2002. AGENDA ITEM #3 - CONSIDERATION OF A REPLAT OF LOTS 11 AND 12, SUNRIDGE CANYON, SHADOW CANYON,FOUNTAIN HILLS,ARIZONA,A LOT JOIN PROJECT. CASE NUMBER 2002-21. AGENDA ITEM #4 - CONSIDERATION OF THE ABANDONMENT OF PLAT FOR "KINGSDALE CONDOMINIUMS UNIT II",A FOUR-UNIT CONDOMINIUM PROJECT.CASE NUMBER 2002-22. Vice Mayor Fraverd MOVED to approve the consent agenda (items 1 --4) and Councilwoman Nicola SECONDED the motion, which CARRIED unanimously AGENDA ITEM #5 - CONSIDERATION OF APPOINTING A NEW MUNICIPAL JUDGE FOR THE TOWN OT'-FOUNTAIN HILLS FOR A TWO-YEAR TERM COMMENCING JULY 1,2002. Tayor Beydler MOVED to appoint Ted Armbruster and Councilman Archambault SECONDED the motion, which iliw..ARRIED unanimously Town Council Minutes 6-20-02 Page 1 of 11 AGENDA ITEM #6 - UPDATE BY PARKS AND RECREATION ON THE BUDGET AND SCHEDULE OF 1CTIVITIES FOR THE JULY 4TH CELEBRATION WITH POSSIBLE DIRECTION TO STAFF iEGARDING ANY POSSIBLE MODIFICATIONS OR CHANGES. Supervisor Hughes reviewed the new plans for the 4th of July hometown celebration. He noted that grand finale would be turning the fountain red white and blue at 9:00 p.m. through the use of dye. He stated at this time they were at the level of approximately$11,000 for the cost of the celebration. He discussed the logistics of the activities. Councilman Kavanagh questioned how sales tax would be handled. Mayor Beydler interjected that sales tax would be collected and paid by Another Point of View. Councilman Kavanagh commented that because of the pumping techniques, the fountain would be red for a time,then clear, and fmally blue. Supervisor Hughes said it would be about 10-15 minutes red,then it would go clear and blue would close it out. He stated that the full effect would take about V2 hour for the dye to go through the system. Councilman Kavanagh questioned the expenditure of$1500 for dye. He felt that money could be better spent elsewhere. Councilwoman Nicola asked if the colors would be visible in the dark. Supervisor Hughes said yes. Councilman Melendez recognized and thanked the Maricopa County Sheriff's office for providing parking assistance at no charge to the Town. Vice Mayor Fraverd thought$1500 was too much money for a momentary look at the fountain in the three colors. She suggested saving the money or putting it towards something else of interest for entertainment. Councilman Archambault asked if staff had tested what the results of using short bursts of dye in the fountain would be. Supervisor Hughes explained that the difference between what was being proposed for the July 4th fountain coloring and the St. Patrick's Day fountain coloring was the quantity of dye used. Mayor Beydler said he would have an answer later this evening as to if Perry Damone would agree to be the master of ceremony and would be providing a band. He did not want to see the fountain set off too early in the evening because that was the conclusion for the celebration. Supervisor Hughes agreed that in the past the fireworks had been set off at 9:00 p.m. to indicate the end of the evening. Councilman Archambault asked if this event was being advertised. Supervisor Hughes noted that he would be sending news releases to the Arizona Republic and East Valley Tribune now that the details had been finalized. ank Ferrera,Executive Director of Chamber of Commerce stated that the Chamber of Commerce would be advertising the 4th on their website and would send out an e-mail dcast. He confirmed that the event had been announced at the Chamber's breakfast meeting. He thanked town staff ,or their work in putting this event together in such a short time. AGENDA ITEM #7 - CONSIDERATION OF A REQUEST TO APPOINT A FOUNTAIN HILLS REPRESENTATIVE TO THE SCOTTSDALE FIRE ADVISORY BOARD. Councilman Melendez MOVED to appoint a Fountain Hills representative to the Scottsdale Fire Advisory Board and Councilman Kavanagh SECONDED the motion. Councilman Melendez stated that he and Councilman Kavanagh had learned of the possibility that Fountain Hills could work with this committee from the Scottsdale Chief of Police. Councilman Kavanagh said this was of interest because the Town was in a similar situation to Scottsdale in terms of the fire service. He felt it was a good idea to begin to collect information from Scottsdale by having someone there to observe and report back to the Council. He said he would serve as the town's representative if the Council were agreeable. Vice Mayor Fraverd asked Councilman Kavanagh if he was volunteering to be the representative. Councilman Kavanagh replied yes. The motion CARRIED on a vote of 6—0(Councilman Kavanagh abstained). AGENDA ITEM#8 - CONSIDERATION OF RESOLUTION 2002-25 PERTAINING TO THE SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA'S 2002 HIGHWAY SAFETY PLAN. Councilman Archambault MOVED to approve Resolution 2002-25 and Councilwoman Ralphe SECONDED the motion. Interim Town Marshal Tate reviewed that this grant was from the Governor's Office of Highway Safety(GOHS) and was r funding a patrol car. He noted that the Town's fleet consisted of all Fords. He explained what modifications had been •ne to the fleet as recommended by Ford with regard to the fuel tank problems. He stated that if the grant was approved t „ id he funding for a vehicle with the additional equipment installed at the Marshals Department expense. He exanil ,tie timeline for submittal of the grant and the anticipated receipt of grant funds to the actual purchase of the vehicle. Mayor Beydler asked if the Ford Crown Victoria was the only choice for this type of vehicle. Interim Town Town Council Minutes 6-20-02 Page 2 of 11 Marshal Tate confirmed that the GOHS did not specifically stipulate a Ford Crown Victoria must be acquired. He cknowledged that the new state contract would include the Dodge Intrepid as an additional option. He noted that about 5% of the patrol vehicles around the country were Fords. Although there were other makes and models of comparable vehicles,those vehicles were not as readily available nor were they available at state contract pricing. Mayor Beydler asked if Interim Town Marshal Tate had read a safety report on the Dodge Intrepid. Interim Town Marshal Tate responded no. Mayor Beydler asked if the resolution could be rewritten to omit the reference to a specific make and model of vehicle. Interim Town Marshal Tate verified that was correct. Councilman Archambault asked if the grant would cover the price of purchasing the vehicle. Interim Town Marshal Tate reiterated that the grant would pay for the vehicle and the Marshals Department would have to pay for the additional police equipment to be installed. Councilman Archambault again asked if the Council had to specify the make and model of the vehicle to be purchased or did they have time to make up their minds. Interim Town Marshal Tate reiterated that the grant did not specify which vehicle must be purchased. Councilman Archambault questioned if a vehicle would be retired and replaced by this new vehicle. Interim Town Marshal Tate said there were two vehicles over 100K that could be retired and kept as a reserve or pool vehicle. Councilman Archambault asked if the retired vehicle's equipment could be removed and placed into the new vehicle resulting in a cost savings. Interim Town Marshal Tate expressed concern that the older vehicles had equipment that might be outdated. Councilman Archambault asked what it would cost to equip the new vehicle. Interim Town Marshal Tate replied approximately $8040 with$4400 of that amount spent for the new radio. Councilman Archambault asked if that estimate included the logo on the vehicle. Interim Town Marshal Tate said that should be included. Councilman Kavanagh expressed concern that the terms of the grant stated the vehicle had to be used for DUI and traffic. He pointed out that under the Town's present law enforcement structure the Maricopa County Sheriffs Department handled enforcement DUI and traffic issues. He questioned if the Town could use this vehicle for one of the designated eties of the Marshals Department. If that couldn't be done, could the Town assign this vehicle to the MCSO and ;ibly get some type of monetary rebate from the MCSO that could be used in the Marshals Department. Interim Town -shal Tate stated that would be up to the Governor's Office of Highway Safety (GOHS). Sgt. Martinez answered that :rant reporting requirement did not state that this vehicle must be specifically used for so many hours for this purpose. ne GOHS was looking for statistics as to what the total number of traffic tickets and DUIs were for the department last year vs. this year. Councilman Kavanagh restated that the Town would not have a problem getting this grant and getting the car and maintaining the Town's present law enforcement policy. Sgt. Martinez did not think the Town would have a problem. Councilman Kavanagh stated that as long as the grant was based upon not having a problem with the reporting requirement,he would support the resolution. Councilman Melendez asked how many patrol cars were in the Marshals Department. Sgt. Martinez said currently there were 15 patrol cars in the fleet. Councilman Melendez asked how many marshals and deputies worked for the Town. Sgt. Martinez responded there were 13 deputies, one vacant grant position, and 5 reserve officers. Councilman Melendez asked if the reserve deputies were given a car. Sgt. Martinez replied that when a reserve came on duty, they needed a car to drive. He noted that because the reserves volunteered, the Marshals Department did not know when they would report in. That situation made it difficult to know if they would have a car available to them. • Vice Mayor Fraverd asked how many officers were on duty at one time. Sgt. Martinez stated that the count would vary. He proposed that on a busy day there might be 10 officers on duty. Vice Mayor Fraverd questioned if every officer had his or her own vehicle. Sgt. Martinez answered no as the only officers who had their own vehicle were those who qualified for the"take home car policy"as established by Director Gendler. He explained these officers lived in town and as a full time employee a vehicle would be assigned. They were the only ones who drove the car unless there weren't any vehicles available. He stated that because of their age and mileage the pool cars were pretty beat. Vice Mayor Fraverd asked how many local officers served the Town. Sgt. Martinez responded there were 6. He explained that there were enough cars for on duty officers and reserves. Vice Mayor Fraverd asked what maintenance and insurance ran per vehicle. Sgt. Martinez replied that operational costs were approximately $1,500 per year. Vice Mayor Fraverd asked if the Town wouldn't be better off getting rid of the cars that were aging rapidly rather than having them just sit there. Sgt. 'artinez agreed. Vice Mayor Fraverd asked how often the grants become available. Sgt. Martinez said this grant was available once a year. Vice Mayor Fraverd asked if the Town was limited to one grant a year. Sgt. Martinez said no, but ""T-?S' only accepted one a year. Town Council Minutes 6-20-02 Page 3 of 11 Mayor Beydler inquired as to what the purpose was for the application for this particular vehicle this year. Interim Town Marshal Tate responded that this vehicle would be used for speed and DUI enforcement. He noted that the Marshals epartment has an officer who currently provides those duties to the Town from a grant. Councilman Kavanagh asked when that grant ran out. Interim Town Marshal Tate replied at the end of September 2002. Councilman Kavanagh point;:d out that it was possible that we might not have the vehicle before this officer's grant ran out. Interim Town Marshal Tate said it was possible if the vehicle took that long to come in. Councilman Kavanagh restated the Town would apply for the grant with the understanding of the State that the Sheriff's Department, and not the Marshals Department, would perform the DUI and traffic functions even though the Marshals Department would be getting the car. Interim Town Marshal Tate clarified that the GOHS report did not require the numbers for this particular vehicle. The State was looking for the total traffic enforcement for an area. Councilman Kavanagh did not want to be placed in a situation where the GOHS stated the Town was violating the terms of the grant. Councilwoman Ralphe commended the Marshals Department for looking for a grant at a time when this Council would be making some tough budgetary decisions. She also commended them for putting money into an old vehicle to get some additional life out of it. Mayor Beydler AMENDED the motion to remove the specific reference to a Ford Crown Victoria vehicle and Councilwoman Ralphe SECONDED the amendment. The amendment CARRIED unanimously. Councilwoman Nicola asked when the Town last disposed of any Marshal vehicles. Interim Town Marshal Tate responded that they have not disposed of any of the Ford Crown Victoria models yet. Councilwoman Nicola asked what the process was. Interim Town Marshal Tate said that was an option. Vice Mayor Fraverd asked what the maintenance and insurance costs were per vehicle. Interim Town Marshal Tate responded approximately$1,500. Vice Mayor Fraverd asked how many reserves worked for the Town. Interim Town Marshal Tate replied 5. He stated that they were required 'n provide a minimum of 16 hours per month. He pointed out that because they were volunteers they were not on a set Jule or held to any specific time frame. Therefore, when the reserves came in, the department wanted to make sure t vehicle was available to them. He stated that they did utilize the pool vehicles with the high mileage. Vice Mayor .trd asked if there were times when there weren't enough vehicles available for the officers and the reserves. Interim own Marshal Tate confirmed that had happened. Mayor Beydler suggested that staff put together a status report on the fleet that would include such items as the vehicles age,mileage,costs,utilization and maintenance. Interim Town Marshal Tate stated he would provide the information. The amended motion CARRIED unanimously AGENDA ITEM #9 - CONSIDERATION OF APPROVING A SETTLEMENT OFFER IN THE TOWN OF FOUNTAIN HILLS,ET AL.V.BNY WESTERN TRUST COMPANY,ET AL. Town Attorney Bill Farrell requested that this item be continued to the July 2, 2002, Council meeting. He acknowledged that he had talked to the Town's outside counsel who was optimistic that the Council would be receiving a positive response to their settlement proposal. Councilman Kavanagh MOVED to continue this item to the July 2, 2002, Council meeting and Vice Mayor Fraverd SECONDED the motion. The motion CARRIED unanimously AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 2002-23 AUTHORIZING THE TOWN, PURSUANT TO A.R.S. §28-8104, TO USE UP TO TEN PERCENT OF LOCAL TRANSPORTATION ASSISTANCE FUND MONIES FOR ALL USES AS ALLOWED BY LAW. Councilwoman Nicola MOVED to approve 2002-23 and Councilman Archambault SECONDED the motion. .. e Mayor Fraverd stated that although she agreed with the committee's recommendations, the Town's budget position 460, not positive. In light of the overall budget, she felt that the Town needed to save money. Vice Mayor Fraverd _NT)ED the motion to reduce each of the awards by 50% except for the Cattleguard for which she was requesting a ut of . .5%. Town Council Minutes 6-20-02 Page 4 of 11 Director of Administration Cassie Hansen interjected that this specific motion should be made during the next agenda item. She explained that the Council needed to take action on the resolution before awarding any monies to specific Jrganizations. The approval of the resolution would give the Council the ability to allow 10% of the lottery funds to be 'Ilvdistributed for other purposes. Councilwoman Ralphe asked if would it be possible to complete this process next year so that if the Council found the budget to be tight again,they did not feel pressured because the committee had already met and spent their time reviewing and formulating their recommendation to the Council. Director Hansen explained that this was a process that had been taking place since 1990. It normally took place early in the spring. This process had always been routine in the past because the budget had been very flush. She noted that staff begins to gets phone calls in the spring from the citizens inquiring if it is time for the process to begin. When this took place, staff did not know exactly how tight the budget was going to be, so staff had proceeded as normal. Director Hansen proposed that to alleviate that problem, the resolution could be considered earlier in the fiscal year, which would allow the Council to decide earlier in the year if they wanted to use 10% of those lottery monies for that purpose. She reminded the Council that lottery monies did fund the Street Department so if the Council decided not use them for this alternative purpose, those fund would remain in the Street Department. The motion CARRIED unanimously AGENDA ITEM #11 - CONSIDERATION OF ACCEPTING THE RECOMMENDATION OF THE CITIZEN COMMITTEE FOR THE 2001/2002 DISTRIBUTION OF LOCAL TRANSPORTATION AUTHORITY FUND MONIES. Councilman Archambault MOVED to approve the LTAF awards as presented and Councilwoman Nicola SECONDED the motion. :e Mayor Fraverd AMENDED the motion to reduce all awards by 50% except for CattleGuard, which would be :ced by 25% and Councilman Kavanagh SECONDED the amendment. Councilman Archambault asked that those Iwo tnizations that had requested only $500 remain at that $500 level. Vice Mayor Fraverd and Councilman Kavanagh agreed to that stipulation to their amendment. Councilwoman Ralphe AMENDED the amendment to reduce the award to CattleGuard by 50% as well. Vice Mayor Fraverd disagreed with this approach because the Cattleguard focused on drug prevention. The amended amendment DIED do to the lack of a second. The amendment CARRIED unanimously. Mayor Beydler asked what happened to the money that was saved. Director Hansen acknowledged that the savings reverted back to the Street Department. The amended motion CARRIED unanimously. AGENDA ITEM#12- CONSIDERATION OF THE RENEWAL OF THE BID FOR THE COMPASS AND JUST 4 TEENS PUBLICATIONS -BID#PR99-021. Councilwoman Nicola MOVED to approve the bid as presented and Councilman Archambault SECONDED the motion. Parks and Recreation Director Mayer reiterated that these publications were the department's best medium for getting information out,not only regarding programs but other venues. A large portion of this document contains information for other groups and departments. Based on the fact that the Town's population was approximately 24,000, he felt that it was a bargain to be able get this publication into every household so many times a year for an average cost of$2.00. Councilwoman Ralphe asked if the "Just for Teens" publication could be included in the Compass publication. Would that work? How much money would that save? Director Mayer replied that the "Just for Teens"publication was a target tiling. That meant the publication was mailed to youth in the community who had indicated that they wanted to receive newsletter. He stated that they have found this target mailing effective because it was mailed directly to those teens' nat:—c and they get it. If this publication were eliminated, a savings of approximately$3200 would be generated. Town Council Minutes 6-20-02 Page 5 of 11 Vice Mayor Fraverd asked what the difference in cost was between printing in color vs. black and white. Director Mayer lid not know because for the last couple of years the publication had been bid as a colored document. He explained that ilbehis was a request for the renewal of an existing contract. Therefore, staff had not requested a quote using black and white. Vice Mayor Fraverd asked if the contract could be changed. Director Mayer confirmed that the contract could be changed but he was not sure as to what the cost savings would be. Vice Mayor Fraverd said she would prefer to get the same information out to the public but at a reduced cost. Councilman Kavanagh agreed with that concept. He suggested switching the paper stock used for additional savings. He proposed leaving the issue of color vs. black and white up to the discretion of Director Mayer because the savings might be small. He requested direction to staff to make substantial cost saving cuts where appropriate. Director Mayer said he would be willing to change the publication to a quarterly publication. He proposed that after staff looked at cost savings, he would follow up with a memo to the Council with those results and an explanation of what action was taken. Mayor Beydler thought the difference between color and black and white printing was significant. He looked to expanding the Compass into a Town publication as opposed to strictly being used for Parks and Recreation. Councilwoman Nicola AMENDED the motion to direct staff to target the "Just for Teens" publication for in-house production and distribution through the schools. Director Mayer pointed out that he was not sure that distribution through the schools would be permitted but he would check. After further discussion Councilwoman Nicola withdrew her amendment and stated this was direction to staff. Councilman Melendez agreed with the concept of cutting costs. He asked who the editor was of these publications. Director Mayer stated that it was generated in-house. Councilman Melendez said he had heard comments that articles regarding Proposition 400 and 401 were geared pro and con arguments. He asked if they had been given direction to move in that sphere. Director Mayer reported that they did not edit any information. They simply published the information given to them. 'h- motion CARRIED on a vote of 5 -2. Councilwoman Nicola and Councilman Melendez cast the nay votes. ENDA ITEM#13 - CONSIDERATION OF RESOLUTION 2002-24 AMENDING THE TOWN OF FOUNTAIN MILLS GENERAL PLAN TO REVISE,ADD TO,AND UPDATE EXISTING GENERAL PLAN ELEMENTS,AND TO ADD NEW ELEMENTS AS REQUIRED BY THE 1988 GROWING SMARTER, AND 2000 GROWING SMARTER PLUS ACTS. Community Development Interim Director Jesse Drake reviewed her staff reports and discussed all proposed changes that had been made to the General Plan to date. She acknowledged receipt of a letter from MCO this morning, which she had given the Council this evening. She addressed MCO's concerns contained in this letter item-by-item, as she wanted to make sure that everyone was comfortable with what was contained in the General Plan. She explained that by listing the Specific Plan Overlay in the growth area did not mean that it would occur. It was a recommendation and was used as a planning method or a desirable and suggested plan of action by the Planning Department. She noted MCO had taken issue with a statement in the General Plan about the development agreement. She confirmed that this was just a statement and was not validated by any development agreement. The statement had been written as non-limiting and in the broad language of how land planning was done in all sections of Fountain Hills. She stated that the text clearly labeled the intent of the General Plan. She acknowledged that the General Plan 2002 was not a zoning document but a land use document. She pointed out that the Zoning Ordinance justified which uses were permitted in each zoning category. She addressed the issue of open space requirements within the town. She noted that open space had been clearly identified as something that the community wanted in all developments so staff would be hesitant to remove the statement in the General Plan that specifies that developments need to provide open space in all parts of Town. Interim Director Drake discussed that since the General Plan 2002 was not a zoning map, and because the FireRock Recreation Center was part of their tennis facility, there was some issue as to whether of land should be shown as multi-family or open space. She explained that the General Plan would be used by Maricopa Associations of Governments (MAG)to generate population statistics and projections. When multi-family areas are shown on those parcels, MAG would anticipate that there would be residential units there. Staff wanted to keep the open space designation to clarify that the area contained tennis courts and that there wouldn't be any residential units there. ,nterim Director Drake gave an update on the streamlining of the building review process by staff. She noted that owner/ �u. ' -c continue to present challenges to this process because they turn in incomplete plans that are not drawn well and whici, eery hard for staff to use. She proposed that in the future if there were multi submittals of this type, that the Town not be penalized. Those resubmitting plans should pay a nominal fee for those extra reviews. She stated that staff Town Council Minutes 6-20-02 Page 6 of 11 was recommending approval of this document and the Planning and Zoning Commission had unanimously recommended ipproval as well. IlvCouncilman Kavanagh understood that some of Mr. Bielli's (MCO) concerns had been addressed although some resolutions were not to his liking. Councilman Kavanagh sensed that the issues were not resolved and more work could be done at the staff level. He suggested that more discussions and resolution take place at the staff level then the Council could deal with general policy. Vice Mayor Fraverd asked to hear from Mr. Bielli in order to find out what the differences remained. She agreed with Councilman Kavanagh that if there many issues remained unresolved, then staff would have to meet with MCO in order to work out a plan that was more comprehensive. Interim Director Drake reminded the Council that there was an amendment process included in the document. If there were very minor changes, staff or Council could initiate that amendment process. She pointed out that the General Plan was a moving target. On any one day the plan would never be exactly the way everyone in the community wanted it. She continued that there comes a time, in staff's mind, where the changes have to stop and the document adopted so that the process can go forward. Otherwise if the process went on there would be others with minor changes and the process would go on for quite some time. Staff would like to see this wrapped up as soon as possible. She acknowledged that the Council had called the election and there would be expenses associated with that. Interim Director Drake confirmed that the state changed the required time frame; therefore there would be a little extra time available if it were needed. Town Attorney Bill Farrell clarified that House Bill 2601 had extended the compliance deadline from December 31, 2002,to December 31,2003. He recommended that if the Council did not approve the General Plan tonight,that the issue be pulled from the September ballot. Mr. Farrell did not think the product could be given to the voters if it were to be changed anymore than it has been if the Council desired the people to have time to evaluate the product. He said the Council could then choose a new election date from March 11, 2003, May 20, 2003, September 9, 2003, or November 4, 2003. Mr. Farrell reiterated that if the Council were going to continue this issue, he suggested that the General Plan be toyed from the September ballot, a public process be set up, prepare for an election as early as March and as late as -ember, freeze the amendment process, distribute the product to the public, and go forward with the election. He law sed Interim Director Drake for taking this project on in addition to department head duties. He stated that legally he as comfortable if the Council wanted to spend some additional time on this document but asked that it be pulled off the September election. He stated that there would be some costs to do that but it would give the community an opportunity to have meaningful debate over the changes. Interim Director Drake added that a large component of this document was public participation. She reviewed the public process completed so far. She felt that if the document were to significantly change, all participating parties would need to be notified in addition to a review period. She explained that if this issue were continued and the September election cancelled, the Council should look at a date further out in order to accomplish all of those things. Interim Director Drake stated she would not be comfortable without having a new round of community input on any changes. Councilwoman Ralphe asked how long had citizens had to review and comment. Interim Director Drake responded this document went out for public review in January. Mr. Greg Bielli,Vice President of MCO and Project Manager for FireRock He referred to correspondence that he had sent to the Council and to the Planning and Zoning Commission. He did not know how close MCO was in resolving their concerns. He felt they were very close after listening to Interim Director Drake's presentation. He stated the two major issues. One issue was the development agreement and he had heard that the language would be included tonight. He did not think that the General Plan could be in conflict with the development agreement. He pointed out that development agreements have gone through an enormous amount of give and take to get to the point of area specific plans, so listing them would be appropriate. He suggested that the statement be broadened to include a listing of the development agreement locations. He said the second major issue was the area specific plan overlay for the Town Center. He reminded the Council that there was a development agreement on the 27 acres. MCO looked at additional imposed restrictions as possible punitive damage. MCO had asked that the 27 acres be excluded from that area. On the other issues, he noted that a number of them had been included. He stated that if there wasn't any urgency they would appreciate time to talk about this document and make sure that issues are resolved. Regarding the graphics,to label the FireRock Sales Center area as open space concerned MCO because they considered it an active area. offered that a park denotation that would be more appropriate. He asked for clarification Exhibit 8. :n Kavanagh stated he felt the Council had been looking for an answer as to if there were one or two issues to re%1L Otherwise he would prefer to have staff iron out more of the details. He suggested that since it appeared that there were more than a couple of issues that MCO get back with staff. Mr. Bielli replied that he could get with staff Town Council Minutes 6-20-02 Page 7 of 11 in the morning. Councilman Kavanagh stated that it would be important to bring Town Attorney Bill Farrell into the discussions when appropriate in order to save time. He was looking forward to some public input. ice Mayor Fraverd asked about the process, as she did not want to put this off because of a few minor issues. Interim Dirctor Drake stated that once the plan was adopted, it could not be changed until ratified by the voters. At that point, the General Plan could be changed under the amendment process. Interim Director Drake responded to Mr. Bielli's suggestion of listing the development agreements. She was not opposed to having a list but her issue was with trying to show them on the graphic, which would become very complicated. Interim Director Drake said a glossary had been included in this document and she would be happy to include the development agreements. She reiterated that showing the specific plan overlay, as a proposed planning tool in this document did not mean a specific plan would be in place. It was a suggestion of something for the town's planning staff to look at as a tool. She noted that these two items seemed to be the sticking point with MCO and if possible, she wanted to see them resolved and the plan go forward this evening. Mayor Beydler asked that if the Council did not act on this tonight, the September election should be moved out to 2003. Mr. Farrell responded that was correct. Mayor Beydler then questioned what the potential impact would be for developers and builders regarding those areas currently shown for a particular use for which they might have an alternative use interest. Interim Director Drake reminded the Council that this was not a zoning document. If the General Plan were not adopted tonight, the Town would revert back to the 1993 General Plan. Mr. Farrell said the question was if the proposed changes were favorable to the Council, then the application for zoning or rezoning should be made after the election. If the changes were not favorable to the Council, then it became more difficult because the Town, under the Growing Smarter Plan, was moving from a document that was supposed to be in basic harmony with the underlying zoning of the property to a controlling document where applications for rezoning could only be made at specified times and major amendments could only be made only once a year to the General Plan. Mayor Beydler acknowledged that it made it even more important to do this correctly. Councilman Melendez questioned how it would affect things if Mr. Bielli were given the opportunity to hammer out ages in a day. Mr. Farrell said he would not be available to assist Mr. Bielli and Interim Director Drake until after \ 3 day. Interim Director Drake said that today would have been the last day to accomplish changes in order to maintain urrent election date. Vice Mayor Fraverd asked if the changes proposed by Mr. Bielli were major or minor changes. :.tterim Director Drake replied in her opinion they were minor. Vice Mayor Fraverd clarified that if the General Plan were approved tonight,minor changes would have to be made after the September Election. She said she was not in favor of a change on the proposed General Plan land use map. She stated that she would be asking that it be changed. She asked that if that change needed to be done this evening and then back to the community. Interim Director Drake asked for clarification. Vice Mayor Fraverd referred to Exhibit 4 (proposed land use) to point to a section labeled multi-family that was actually commercial. It was now being proposed to multi-family medium and she preferred to see it remain commercial. She was not in favor of any additional changes into multi-family land use. The Town had an over abundance of that use. She asked if this change with everything else was too complex for the Council this evening. Interim Director Drake noted that not all four lots had changed. She had no problem changing it back to the existing language. Councilman Kavanagh asked what would be an appropriate date for an election to wrap this issue up properly. Mr. Farrell commented that the November date was not available as first noted. He stated that the first date to consider would be March 2003 and the second date would be May 2003. Interim Director Drake stated that she was not comfortable with the March 2003 date because it would not give staff enough time to complete the public portion of the process. Councilman Kavanagh MOVED to direct staff to remove the General Plan from the September ballot and to place it on the date most appropriate to deal with the public process and Vice Mayor Fraverd SECONDED the motion. Councilwoman Nicola asked what the cost would be at this time to pull the election. Director of Administration/Town Clerk Hansen said that number could be provided tomorrow. Mr. Farrell remarked that the Town contracted with Maricopa County Elections for all those services and the hard cost would come from them. 'ce Mayor Fraverd asked what the approximate cost would be to the Community Development Department to take this ,ugh the process again. Interim Director Drake did not know the cost for staff time. Vice Mayor Fraverd questioned r � kard costs were. Interim Director Drake responded approximately $9,000 was spent this year and it would have Councilman Kavanagh said he did not feel there were major changes to be made and perhaps new pages could be inserted into this document. He asked if there was a need for a new round of hearings. Mr. Farrell said the point Town Council Minutes 6-20-02 Page 8 of 11 was not the number of changes but the fact that public would have the opportunity to comment on those changes. Even if the Town did nothing more than to reach a compromise between MCO and the Town on those issues, Interim Director )rake and he were in agreement that they would want to repeat the process. After that the General Plan could be amended through the amendment process. If changes were to be made, he strongly urged the Council to consider abai,doning the September election and move it to the May election. Mayor Beydler said this was a "General"Plan that would continue to evolve. Stewart Rider He stated he had an interest in the property that Vice Mayor Fraverd had brought up in Exhibit 4. He said this property should be labeled commercial general use. He asked that the zoning graphics be corrected and that the Council adopt the General Plan. He acknowledged that the General Plan was a moving target document. Phyllis Kern, 15848 Centipede She favored Council approval of this General Plan and moving forward. Bob Depey, 16247 Boulder He favored approval of the General Plan. Mayor Beydler said he believed the Council should move forward and give the public the opportunity to vote on this in September. He encouraged the Council to move forward on this as well. Councilwoman Ralphe was against further delay and said she would be voting against this motion. Councilman Archambault asked if this General Plan was approved with the proposed changes would she have to spend more time making those changes or could they just move forward. Interim Director Drake clarified that the proposed changes had been made other than the couple of maps. If it were adopted with those changes, those changes and no others would be made. Councilman Archambault said he would be voting against this motion. motion FAILED on a vote of 6— 1 with Councilman Kavanagh casting the aye vote. !ncilman Archambault MOVED to approve Resolution 2002-24 with the changes and amendments to the exhibits as uiscussed and Mayor Beydler SECONDED the motion. Mr. Bielli asked for a memo with the changes listed. He explained that the General Plan concept in the state of Arizona was becoming more of a binding document and that was why these issues were of such concern to everyone. He reviewed the changes as he heard them this evening. Councilman Kavanagh said he would leave it up to staff's discretion as to how to note the development agreements on the map. Mr. Bielli discussed changes to Exhibit#3 and#8. He noted that MCO was on record as being opposed to the area specific plan. Interim Director Drake restated that the specific plan overlay as shown on the map did not require that the specific plan be put into place. The Town did not know what would happen in the future on this property and it was not the intent to encumber the property in any way. Should a specific plan overlay come forward at that time, it would be discussed at that time. This General Plan was saying that this was the downtown area and if benefits were given to Plan 208 north or any other parcel down there, the Town would like to give the same benefits to Plat 208 south. If MCO chose to exclude themselves from the benefits, she stated that would be their option at that time. Interim Director Drake stated that the area specific on Exhibit #6 should also include the Plaza Fountainside as it had been intended to be part of the specific plan overlay area. She explained the purpose of a specific overlay was to enable other benefits to go into that section that would not otherwise be allowed in a C-2 parcels. She acknowledged that at this time there was not a specific plan overlay in existence. Councilman Kavanagh suggested a title change on Exhibit #6 to "proposed" specific plan to alleviate MCO's concern that there was a plan in place. Interim Director Drake said that could be done but the text in the document in the growth area element clearly identified that there wasn't a specific plan in place. She noted that should a specific plan overlay come forward later on, staff would have to change it or address it. Interim Director Drake assured the Council that she was taking notes on all requested changes. Mr. Bielli stated that MCO had addressed issues with pages 38-41 in their letter. Their letter gave a guide to different issu::s that should be addressed as an area specific plan came through this area. They did not want the public, this C�uncil, or future decision makers to feel that as improvement plans or other plans came forward that an area specific n was enforce and not consider the plans. Rev dler asked Mr. Bielli if MCO were to sell their land on the south 40, did the development agreement go away. answered no as it was recorded on the property and stayed with the property and the new property owner would inherit some of the benefits of that development agreement. Interim Director Drake clarified that should the property be Town Council Minutes 6-20-02 Page 9 of 11 sold the development agreement could be amended but she agreed it would remain with the property until it was 'mended. Mayor Beydler asked at what point it could be amended. Interim Director Drake stated it would have to come More the Council. Mr. Farrell stated that it would have to be mutually agreed upon as neither party could force a change upon the other. The motion CARRIED unanimously. Mayor Beydler called for a break at 9:10 p.m. and reconvened the regular session at 9:17 p.m. AGENDA ITEM #14 - PUBLIC HEARING ON ORDINANCE 02-09 AMENDING CHAPTER 11, SECTION 11.10 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO MODIFY THE REQUIREMENTS FOR MULTI-FAMILY ZONING DISTRICTS TO REQUIRE THAT THE LENGTH OF ANY BUILDING BE LIMITED TO A MAXIMUM OF TWO HUNDRED (200) FEET, AND CLARIFY THE DISTANCE REQUIREMENT BETWEEN BUILDINGS CASE NUMBER Z2002-06. Mayor Beydler recessed the regular session and opened the public hearing at 9:24 p.m. Interim Director Drake presented her staff report. She stated that the Planning and Zoning Commission had initiated this amendment for clarification. Staff and the Planning and Zoning Commission unanimously recommended approval. Councilman Archambault asked if what would happen in a u-shaped situation. Interim Director Drake stated that it would depend upon how the buildings were arranged and what the adjacent wall was. Mayor Beydler closed the public hearing the 9:26 p.m. ,ENDA ITEM#15 - CONSIDERATION OF ORDINANCE 02-09 AMENDING CHAPTER 11,SECTION 11.10 1 THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO MODIFY THE QUIREMENTS FOR MULTI-FAMILY ZONING DISTRICTS TO REQUIRE THAT THE LENGTH OF ANY BUILDING BE LIMITED TO A MAXIMUM OF TWO HUNDRED (200) FEET, AND CLARIFY THE DISTANCE REQUIREMENT BETWEEN BUILDINGS CASE NUMBER Z2002-06. Vice Mayor Fraverd MOVED to approve Ordinance 02-09 and Councilwoman Ralphe SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #16 - PUBLIC HEARING ON ORDINANCE 02-10 AMENDING CHAPTER 13, SECTION 13.05.A.3 AND 13.05.B OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REQUIRE THAT THE DEVELOPMENT AND USE IN IND-1 AND IND-2 ZONING DISTRICTS CONFORM WITH THE REGULATIONS FOR THE ZONING DISTRICT, AND WITH THE APPROVED PLAN OF DEVELOPMENT, CASE NUMBER Z2002-07. Mayor Beydler recessed the regular session and opened the public hearing at 9:27 p.m. Interim Director Drake stated the Town's prosecutor had identified this issue. This was a correction of the text in the Zoning Ordinance to add enforcement language. She commented that the Planning and Zoning Commission unanimously recommended approval as did staff. Councilman Archambault asked if this was suggesting that once something was developed in Industrial 1 or 2 zoning it would stay what the original plan was. Interim Director Drake replied that under the plan of development there were regulations (P.U.D). Currently under the Zoning Ordinance, once a plan was submitted and had received an approved P.U.D., the property did not have to remain in conformance with it. She explained that was not the intent of the Zoning Ordinance. Once a plan was submitted and approved under a P.U.D., the property was supposed to remain in conformance with that P.U.D. and not change after the approval. The property would have to remain in conformance th the approved P.U.D. Councilman Archambault said the use was recorded against that lot. He questioned if there . re current situations were P.U.D.s were being violated. Interim Director Drake said there were. Councilman irnhault asked if that was an enforcement issue with the Planning and Zoning Department. Interim Director Drake confir.. . 1 that was why the ordinance was being changed. Town Council Minutes 6-20-02 Page 10 of 11 Mayor Beydler closed the public hearing the 9:30 p.m. AGENDA ITEM #17 - CONSIDERATION OF ORDINANCE 02-10 AMENDING CHAPTER 13, SECTION 13.05.A.3 AND 13.05.B OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REQUIRE THAT THE DEVELOPMENT AND USE IN IND-1 AND IND-2 ZONING DISTRICTS CONFORM WITH THE REGULATIONS FOR THE ZONING DISTRICT, AND WITH THE APPROVED PLAN OF DEVELOPMENT,CASE NUMBER Z2002-07. Councilman Archambault MOVED to approve Ordinance 02-10 and Councilwoman Nicola SECONDED the motion, which CARRIED unanimously AGENDA ITEM #18 - CONSIDERATION OF ACCEPTANCE OR REJECTION OF CLAIMS FILED WITH THE TOWN OF FOUNTAIN HILLS BY MARTINEZ AND CURTIS AND BROWN AND BAIN FOR LEGAL WORK DONE FOR THE FOUNTAIN HILLS VOLUNTARY FIRE DISTRICT. Mr. Farrell asked the Council to give direction to staff to start the negotiation on the settlement as outlined in executive session and report back to the Council at the July 20, 2002, Council meeting. Councilwoman Nicola MOVED to continue this item until July 2, 2002,and Councilman Archambault SECONDED the motion. The motion CARRIED on a vote of 6— 1. Councilwoman Ralphe cast the nay vote. AGENDA ITEM#19- CALL TO THE PUBLIC AND ADJOURNMENT. No one came forward. Councilwoman Ralphe MOVED to adjourn the meeting and Councilman Melendez SECONDED the motion, which CARRIED unanimously. Mayor Beydler adjourned the meeting 9:33 p.m. TOWN OF FOUNTAIN HILLS By: .IIt La , Ji Beyd r, ayo', ATTEST: (,(44As_j5 i Cassie B. Hansen, Director of Administration/Town Clerk PREPARED BY: /1 ', ,` , Bev Bender,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Meeting held by the Town Council of Fountain Hills on the 20th day of June, 2002. I further certify that the meeting was duly called and that a quorum was present. DATED this 2°d day of July 2002. ��lll1/�-a Cassie B. Hansen,Director of Administration/Town Clerk Town Council Minutes 6-20-02 Page 11 of 11