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HomeMy WebLinkAbout2005.0217.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
February 17,2005
Mayor Nichols called the meeting to order at 6:00 p.m.
AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38-
431.03.A.3 FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY
OR ATTORNEYS OF THE PUBLIC BODY. (SPECIFICALLY, LEGAL ADVICE REGARDING THE
URBAN LANDS ACT.)
Councilman Archambault MOVED to convene the Executive Session and Councilman McMahan SECONDED
the motion, which CARRIED UNANIMOUSLY. Mayor Nichols recessed the Executive Session at 6:21 p.m.
AGENDA ITEM#2—RETURN TO REGULAR SESSION
Mayor Nichols reconvened the Regular Session at 6:30 p.m. Following the invocation by Pastoral Assistant Pat
Mullen, Church of the Ascension,roll call was taken.
ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council:
Councilman Archambault, Mayor Nichols, Councilman Schlum, Councilman Kavanagh, Councilman Kehe,
Vice Mayor Nicola, Councilman McMahan. Town Attorney Andrew McGuire, Town Manager Tim Pickering,
Public Works Director Tom Ward, and Jane Robinson were also present.
CALL TO THE PUBLIC
Mr. John Kendall, 9253 Firebrick Drive
Mr. Kendall discussed school buses on Saguaro Boulevard and said he believed that the State highway
regulation stated that traffic might proceed on the opposite side of a divided highway. He noted that he had seen
traffic adhere to this regulation and also ignore the regulation. He stated that he had been told by the Police
Department that Saguaro Boulevard was not a divided highway. He added that he was traveling the other way
one day following a school bus that stopped and so he stopped near the front of it. He was shocked to see that
the driver was allowing children to exit the bus and walk in front of the bus across Saguaro Boulevard against
traffic coming the other way.
He advised that Firebrick Drive goes into a "dip" headed west,just before it reaches Saguaro Boulevard (the
area behind Denny's restaurant). He pointed out that the surface of the "dip" was often filled with run-off water
and he had witnessed, after a heavy rain, the fact that large rocks washed across Firebrick Drive rendering it
impassible. He stated that he placed a number of traffic cones ahead of the site to warn oncoming traffic. He
said that he now owns a Volkswagen Beetle, which only has five inches of clearance between the oil pan and the
road, and some of the rocks were five inches in diameter. He informed the Council that he hit one of the five-
inch rocks with his oil pan after a heavy rain while driving thru the "dip" and all of the oil in his engine leaked
out causing over $4,000 in damage to the vehicle. He added that he has addressed the Streets Department
regarding these matters and they advised that they needed to turn the area into a"dry crossing".
Mr. Frank Ferrara
Mr. Ferrara, speaking on behalf of the Fountain Hills Chamber of Commerce, thanked the Mayor, Council, and
staff for this morning's presentation to the Chamber. He stated the opinion that the message that was sent was
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extremely upbeat and went a long way to allay a lot of fears and misconceptions that exist in the Town. He
added that he was very grateful for the partnership that exists.
Mayor Nichols thanked the speakers for their comments.
Councilman Kavanagh said he would like the staff to pursue the Saguaro Boulevard matter in terms of school
buses and report their findings to the Council and Mr. Kendall. He stated that he had wondered about that
situation himself.
CONSENT AGENDA
Mayor Nichols read the following consent agenda items:
AGENDA ITEM#1—CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF
01/21/05 and 02/03/05.
AGENDA ITEM #2 — CONSIDERATION OF RESOLUTION 2005-14, ABANDONING WHATEVER
RIGHT,TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS LOCATED AT THE EASTERLY PROPERTY LINE OF PLAT 206, BLOCK 1, LOT 14
(16313 E. SEGUNDO DRIVE) AS RECORDED IN BOOK 147 OF MAPS, PAGE 2, RECORDS OF
MARICOPA COUNTY,ARIZONA. EA05-01 (ASTON).
AGENDA ITEM #4 — CONSIDERATION OF RESOLUTION 2005-12, ENDORSING THE VISION,
"ARIZONA IS TO BE ONE OF THE BEST PLACES IN THE NATION TO LIVE A REWARDING
AND PRODUCTIVE LIFE."
Councilman Archambault MOVED to approve the Consent Agenda as read and Councilman Kehe 1440)
SECONDED the motion.
A roll call vote was taken with the following results:
Vice Mayor Nicola Aye
Mayor Nichols Aye
Councilman Kavanagh Aye
Councilman Schlum Aye
Councilman Kehe Aye
Councilman McMahan Aye
Councilman Archambault Aye
The motion CARRIED UNANIMOUSLY(7 to 0).
ACTION AGENDA
AGENDA ITEM #3 — CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE
"VILLAS OF LA MONTANA TOWNHOUSES," A TWENTY- UNIT CONDOMINIUM PROJECT
AND LOT JOIN, LOCATED AT 16810 E. LA MONTANA DRIVE, AKA LOTS 1 AND 15, BLOCK 4,
PLAT 102. CASE#S2004-29).
Planner Kate Zanon provided an overview of The Villas of La Montana Townhomes and noted that the project
was a 20-unit condominium complex located at 16810 East La Montana Drive. She noted that the project
consists of seven buildings with three units in each with a minimum livable area of 2,206 square feet and a
maximum of 2,210 square feet. She further stated that each unit had a private covered patio and an enclosed
two-car garage and added that although the design of all the units was similar, there were three slightly different
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layouts. She noted that the lot size for this project was 101,146 square feet and 40% lot coverage was being
proposed although 50% would be allowed.
Ms. Zanon advised that all of the set backs for the project were being met and there wee eight access points for
the project, including a drive aisle through the property with a minimum 26-foot wide paved surface. She also
discussed the traffic calming features proposed for the site (speed humps and stop signs) and said they planned
to post 10 mile-per-hour traffic speed limit signs at the entrances to the drive aisles. She noted that required
parking for the project was 45 spaces at 2.25 spaces per unit and each unit contained a two-car garage making
up 40 of the required spaces. 14 additional spaces were provided off of the drive aisle that bisects the property,
of which 2 were ADA compliant (although only one was required). She added that trash pickup would be
individual for each unit except units 3 and 5 (they would be bringing their traffic down to the main drive aisle
for collection).
Ms. Zanon commented on the proposed sidewalks along La Montana Drive, Cambria Drive, and Hamilton Drive
and pointed out that the lot join portion of this Preliminary Plat required the abandonment of a 20-foot public
utility and drainage easement that runs north-south, 10 feet on each side, along the common property line
between lots 1 and 15. She also briefly discussed the proposed landscaping. Ms. Zanon informed the members
that the Chairman of the Planning and Zoning Commission voiced opposition to the project and explained that
his concerns revolved around safety: (1)that the distance between the garage entrances and the start of the drive
aisle were too close to provide safe ingress and egress; and (2) concern that the line of site entering the main
drive aisle from units 7, 8, 9, 12, 13 and 14 in Buildings 3 and 5 was not sufficient. She added that the
Chairman also voiced concerns regarding the individual unit refuse pickup plan. She noted that the Planning &
Zoning Commission recommended approval (4 to 3) of the Preliminary Plat subject to the following
stipulations:
1. Prior to the Final Plat recordation all improvement plans including grading, drainage, sewer, water,
landscape, and irrigation plans must be approved by the Town.
2. Prior to the Final Plat recordation a construction assurance bond will be posted.
3. Prior to Final Plat recordation an approved water service agreement will be provided from the Chaparral
City Water Company.
4. There will be a statement placed on the Final Plat referencing that units 7, 8, 9, 12, 13, and 14 in Buildings
3 and 5 will have their garbage removal from the main access aisle.
Ms. Zanon noted that staff also recommended adding the following stipulation:
5. A second speed hump is placed across the common drive access aisle between Buildings 4 and 5.
Ms. Zanon stated that the additional traffic calming devices could also be stipulated if the Council so wished.
She commented that staffs general position as far as line of sight as well as driveways in a parking area was that
the City regulates streets and does not regulate the same way on drive aisles. She added that there was no
standard in the Zoning Ordinance that referenced the distance from a garage to a drive aisle and the line of sight,
with all the proposed traffic calming features, had been addressed. She further stated that research was
conducted on other Valley cities and reported that Scottsdale does not regulate the distance from a garage to a
drive aisle, they consider issues on a case-by-case basis and have several examples where there is no setback,
the garage sits right at the edge of the drive aisle. She added that she located two communities that did limit the
distance,one limits it three feet from a 25-foot drive aisle (Mesa)and the other was five feet(Gilbert).
Councilman Archambault asked whether there were any sidewalks on the drive aisle and Ms. Zanon responded
that there were not. She referred to the pool area in the site plan and noted that there was access to that and also
commented on the recreation area that has a swale in it for drainage. She said that the applicant was looking into
putting a sidewalk in at that location but said she was not sure whether they would do so.
Mayor Nichols requested that citizens wishing to speak on this item come forward as their names are called.
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Michael Downes, 16616 E. Palisades
Mr. Downes advised that he serves as Chairman of the Planning Commission and because of a "quirk" in the ,
ted
zoning ordinances, which he was in the process of initiating an amendment to alleviate; this item was originally
placed on the Council's Consent Agenda. He noted that this would allow the Council to vote on the issue
without any written input from the Commission. He reported that the Commission approved this item with a 4
to 3 vote and said he believed it is imperative, in order for the Council to make an intelligent decision, that they
understood the reasons why the three members of the Commission voted for denial of the application.
Mr. Downes stated that in the introduction to the ordinance, Section 1.02, it says that one of the stated purposes
of the ordinance "is to provide secured safety from fire and other dangers". He advised that the previous Town
Attorney set a policy for the Planning staff, which says in effect that unless the ordinance specifically does not
allow something, it is permissible. He stated that this policy may have avoided many debates between the
applicants and staff but he believed the policy was contrary to the stated purpose of their ordinance. He said that
he believed the plan submitted for this project contained several safety flaws. He added that they were brought
out at the meeting but because there was no specific paragraph in the Zoning Ordinance prohibiting this layout,
staff had no choice but to recommend approval. He stated that he truly believed it was the responsibility of the
Commission and the Council to provide safe conditions for both present and future citizens of the community.
Mr. Downes commented that one unsafe area was the garages that abut the main drive aisle. He said that any
resident leaving his or her garage would have absolutely no vision of approaching cars until they were six feet
into the driveway. He added that the drivers must rely on approaching drivers' ability to avoid any accidents
and if the approaching driver did not see them or was not concentrating on driving, there would be an
unavoidable accident. He noted that another unsafe area was the interior intersection and said the buildings
were located four feet from the driveway. He stated that any driver coming south along this intersection could
not see any other car on the main drive aisle until his/her car was at least four feet into the intersection. He
added that although the Town's ordinance did include a site distance exhibit in Section 703, the Town Engineer
only applied this to public streets, not interior private drives. He pointed out that at the Commission meeting,
Mr. Harrell did state that this plan would not normally meet those site design guidelines.
Mr. Downes further stated that a third area of concern had to do with interior pedestrian circulation or sidewalks.
He said that because of the proximity of the garages to the driveway, no sidewalks were shown in the interior of
the site. He noted that all residents for Buildings 2,4, and 5,part of Building 3 and 5 and 1 and 7 would have to
walk in the driveway to access any part of the site, including the pool area. He stated that his concern was since
the units would contain three bedrooms, children would be living in the complex and said he believed there was
a potential for pedestrian accidents. He added the opinion that all of the safety hazards could be avoided with a
different site design and said although the Town could not dictate to the applicant the type of site design to
submit, based on the introductory statement of purpose the Town had a basic responsibility to deny a plat if
there was a belief that safety hazards were inherent in the applicant's site design. He added that he believed this
design was such a case and questioned whether the Town could be held liable for approving unsafe designs in
the case of an accident. He requested that the Council either deny the Preliminary Plat or at least request that the
applicant redesign the site plan.
Wade Felkins, 3009 E. Menlo Street,Mesa
Mr. Felkins, Landmark Design, the architect of record on this project, said that in reviewing the site plan
following the Planning Commission meeting, they determined that there were some legitimate concerns
expressed by the members. He stated that they had worked with staff to adequately address those concerns and
had agreed to the installation of a second speed hump (between Buildings 4 and 5). In addition,they had agreed
to the placement of speed traffic signage at the main entrance on the east and west ends of the property to limit
speeds to a posted limit of ten miles-per-hour. They had also agreed to signalize the intersection at the center of
the site with stop signs, so there would be a three-way stop at that intersection. Neadf
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Mr. Felkins advised that there were sidewalks in certain locations, i.e. on the south end of the pool area and, in
working with staff, public sidewalks were proposed for all three street frontages. He also discussed garages and
stated that in terms of working on projects throughout the Valley, they had determined that a three to four-foot
setback from line of curb was adequate for the purpose of backing out of driveways. He agreed that there were
going to be occasions when someone could be irresponsible and possibly cause an accident but said he was not
sure there was anything that could be done to totally avoid that potential problem. He added that in terms of
backing in to a private drive aisle, he did not believe that this particular case with an enclosed garage posed
much more of a hazard than backing out of a parking stall in a public parking area, especially with the
proliferation of large SUVs. He noted that they had tried to mitigate as much of that hazard as possibly by
trying to keep the speeds low and providing stop signs at the intersection.
Mr. Felkins informed the Council that the applicant agreed to the four stipulations in addition to any others that
had been suggested by staff. He stated the opinion that at this point redesigning the site plan would not be a
practical application for what his client was attempting to do. He added that they had already designed a
product that was 40% under the allowed density on the property. He indicated his willingness to respond to
questions from the Council.
Vice Mayor Nicola stated that the Council appreciated the addition of sidewalks on all of the frontage streets as
well as their consideration of the density level. She asked whether the drive aisle that was of concern to some
people was two-way and Mr. Felkins advised that it was. She questioned whether any consideration had been
given to making it a one-way only, allowing for some pedestrian traffic and sidewalks in that area. Mr. Felkins
responded that he would need to consult with staff to determine whether that would result in a narrower drive
aisle. He noted that most cities required a two-way driveway to be somewhere between 24 to 25-feet wide and
the Town of Fountain Hills requires 26 feet. He said he believed there were additional safety factors built into
the Zoning Ordinance with regard to the widths of the driveways. He added that following discussions with
staff, they felt that the two additional feet of drive aisle would be acceptable. He further stated that they would
be happy to discuss that issue further if the Council so desired.
Councilman Kavanagh asked where sidewalks were located on the frontage streets and Mr. Felkins responded
that they were located all along the street frontages on Hamilton. He also discussed the proposed drainage swale
and advised that they were working with their engineer to determine whether it might be possible to install
sidewalks in this area. He explained that the problem they ran into was an ADA (Americans With Disabilities)
Fair Housing accessibility issue, they could not allow water to obviously pond on a walking surface. He
indicated that they would like to proceed with the sidewalks if possible and would work toward that goal.
Councilman Kavanagh referred to the sidewalks on all three-frontage streets and asked whether there were or
were going to be connecting sidewalks. Town Manager Tim Pickering responded that he was not sure whether
there were sidewalks on the other side of that street and said that the situation could be quickly assessed. He
added that staffs intention, according to the Master Plan sidewalk system, was to connect those sidewalks.
Councilman Kavanagh stated that it might be nicer to have a sidewalk in the drainage areas because one of the
concerns expressed by Mr. Downes had to do with traffic walking inside, where there could be cars. He added
that he would hate to think that they were spending time and money on one of those three sidewalks that would
become a sidewalk to nowhere rather than where a sidewalk could actually be used by people. Mr. Pickering
stated the opinion that money was not the issue in this situation; the issue was the drainage. He noted that the
applicant was working with staff on the northern end of the site to place a sidewalk there but the swale
previously prevented the sidewalk from going in at that location. He pointed out that if they could solve this
problem by overcoming ADA issues, he believed that they would be willing to put in the sidewalk. Mr. Felkins
confirmed that this was the case and stated that there were no existing sidewalks on either Hamilton or Cambria
adjoining the site. Councilman Kavanagh asked whether there were going to be sidewalks in the future and Mr.
Pickering said they were planning to install them but the Town would most likely have to pay for them.
Councilman Kavanagh requested that staff comment on Mr. Downes' concerns and Randy Harrel addressed the
Council. He stated that as far as Mr. Downes' concern regarding cars backing out of the garages and not having
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site vision, he believed that between the speed humps, controlled traffic speeds and the stop signs at the
intersection, the problem should be eliminated.
Councilman Kavanagh noted that they could not apply criteria selectively and asked whether the Town currently
had developments similar to this one with the same configuration. Mr. Harrel responded that there were similar
developments. He added that another issue was the short distance from the garage to the drive aisles and
pointed out that many complexes in Fountain Hills had drive aisles shorter than what was being proposed, even
down to nothing. He said that former Councils encouraged the use of garages rather than just covered parking
and therefore they did not impose driveway length in front of garages as criteria.
Councilman Kehe commented that Mr. Downes was quoted in the local paper and said this evening that he
believed there was a better way to do it, in reference to the drive intersection at the 90-degree angles and asked
what his feeling was on that. He added that he would also like the architect to then respond to Mr. Downes'
suggestion. Mr. Downes noted that it was difficult for the Commission or for him as an architect to tell another
architect how to design his site or his buildings. He expressed the opinion that a better way to design the site
would be to put in either a U-shaped drive or an L-shaped drive that came in off of La Montana and either went
out on Hamilton or Cambria. He added that the buildings should be placed around this drive with another one in
the building because then they would have more room. He noted that this was just one solution but he believed
it would be a better layout and provide more spacing than the current proposal. He emphasized that he was
more concerned with safety than the number of units built and added that even on this particular site plan, if the
applicant had dropped Building 3 and 5 to two-unit buildings, there would be ample room to provide a visible
and viability intersection at that"T."
Mr. Felkins responded that the very first study they conducted was to bring a major single drive in off of La
Montana. He said that unfortunately that resulted in a loss of density. He noted that they were not allowed to
provide private drive access onto La Montana and this necessitated having to turn the orientations of Buildings
2, 4 and 6 inward rather than outward. He added that they tried a couple of other site plans but issues arose with
private drives coming out too close to the intersection of Hamilton and La Montana when backing out of the
driveways. He noted that had they been allowed to put private drives off of La Montana, that would have been a
totally different design solution and would have allowed greater usage of the street frontages. He said that
currently with the 30-foot setbacks on three of the four sides of the property, they were severely limited in their
ability to resolve some of those issues. He expressed the opinion that given the restraints that they were give to
work with,he believed the project was workable and included a margin of safety with which he was comfortable
as a professional. He stated that he stood behind their design solution.
Jay Lawrence, 9617 N. Saguaro
Mr. Lawrence with MCO Properties addressed the Council and said that he represented Mr. Pappan at the
Villas. He commented that the Council had heard from staff that the proposal was safe and Mr. Felkins'
presentation and he would like them to picture for a moment driving east on Shea. He stated that he drove east
on Shea and made a left onto Saguaro with MCO Realty on the right-hand side. He noted that in order to make
that turn you had to wait for the left turn arrow, a safe intersection where everything possible had been done to
speak to the well-being and safety of people making the left turn. He said that he was the second car in line and
the lights all changed (east and west bound red), the left turn arrow was on and the car ahead of him went left
and was struck by an automobile headed westbound on Shea. He stated that the driver of the vehicle exited the
car, expressed regrets and said, "I just blew it." He added that Mr. Pappan's property was as safe as you could
possibly make one,just as that intersection was as safe as it could be. He asked whether it was possible for an
accident to happen and answered maybe; he asked whether an accident would happen in a driveway that the
Commissioner discussed and answered, maybe, if someone "just blows it." He said he believed the project was
a wonderful addition to the Town and he hoped that the Council approved it.
Councilman Schlum commented that the Fire Department reviewed the plan and said that the question thatVIP
would arise was access to Buildings 3 and 5 and he was certain that was addressed. He asked whether the lot
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join would change the setbacks on the lots to potentially allow a 20-foot setback less on the Cambria and
Hamilton sides. He said that would have provided a little more room for the site and the density would be a
L. little more spread out to the east and west. He noted that representatives of the Fire Department were nodding
so he had received an answer to his query.
Councilman Kavanagh asked what Mr. Felkins' thoughts would be on making the drive through one way so that
small sidewalks could be placed on both sides or perhaps a small striped safety-walking zone on both sides. Mr.
Felkins responded that on the face of it he would not be opposed and said it would probably require something
more like a raised sidewalk with safety curbing. He added that they would prefer not to delineate a walking path
on an asphalt driveway and asked if they could go one way and reduce the driveway.
Ms. Zanon commented that the way the ordinance was written, if they were going to go with one-way drive
aisles they needed to have two driveways. She read from the ordinance "access to off-street parking areas from
a pubic street shall be from a public driveway with a minimum width of 20 feet and a maximum width of 28 feet
or two one-way driveways, each with a minimum width of 12 feet and a maximum width of 15 feet".
Councilman Kavanagh asked if that requirement could be over-ridden and Town Attorney Andrew McGuire
responded that he would never advise the Council in an open meeting to violate their own Zoning Ordinance.
Councilman Kavanagh clarified that that was not his intent. He was asking whether the Council had the legal
authority to change the Ordinance. Mr. McGuire stressed the importance of being consistent in accordance with
the Ordinance. Councilman Kavanagh asked why another condominium complex in Town had a one-way drive
and Mr. McGuire said he did not have the answer to that question. He added that the complex might have been
pre-existing. He noted that the Council had before them a plat application that met the requirements of the
Zoning and Subdivision Ordinance. He said that if they wanted to have stipulations that improved the safety,
the applicant was willing to do that.
Councilman Kavanagh expressed the opinion that the development he referred to was relatively new, five or six
years old. He stated that the applicant seemed to be in support of his proposal and if that was something that
could be done, he would feel a lot more comfortable proceeding in that manner even if it meant putting this off
to the next meeting to see if it could be done. He asked whether the applicant could come back with a redesign
at the next meeting.
Councilman Archambault stated the opinion that it would be unfair to expect the applicant to go through a total
redesign after he had already worked with staff. He added that the scenario described by Councilman Kavanagh
would create a situation where someone could be backing out onto a 15-foot (maximum) street to go one
direction. He stated that some people take up both lanes to back up and he would be concerned with a one-way
direction with a narrower street.
Councilman Archambault MOVED to accept the Preliminary and Final Plat subject to staffs stipulations and
Councilman McMahan SECONDED the motion.
Councilman Kavanagh MOVED to table the issue to the next meeting to allow time to explore the feasibility of
a one-way street. Councilman Kehe SECONDED the motion.
Councilman Kavanagh commented that the proposal could possibly be done in a legal manner and he would like
to confirm that and the applicant did not appear to be upset by the thought of having to do this. He added that it
could be safer and avoid a total redesign.
Mr. Felkins stated that he was not sure he could agree to an extension in the approval process but said they
would be willing to stipulate to working with staff to see if there was an alternate solution to the drive aisle,
however, a delay in approval would result in a financial hardship for his client. He added that if the Council
were willing, they would be willing to stipulate to explore the process with members of staff in an effort to see
whether the proposal was possible. He said he believed that some legitimate comments had been made by
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Council with regard to the width of the driveways and there were maneuvering spaces that would be required.
He stated that that was not to say they could not work around those, they would have to do a design exercise to
fully study that issue. He indicated their willingness to accept a stipulation to that effect but said he did not
believe he could agree to allow the project to be delayed any further.
Councilman Kavanagh stated that he would temporarily WITHDRAW his motion to table this item (and
Councilman Kehe WITHDREW his second). He added that if he understood the applicant correctly, he would
now add an amendment that the applicant would, if Town staff determined it to be legally possible, make that a
one-way route. Mr. Felkins advised that they could agree to that stipulation.
Councilman Kavanagh moved to AMEND motion to accept the preliminary and final plat for the Villas of La
Montana with the staffs five stipulations along with one additional stipulation to make that a one-way route if
legally possible. Vice Mayor Nicola SECONDED the amendment and the amended motion CARRIED
UNANIMOUSLY(7 to 0).
The Vice Mayor suggested that they make sure that the Clerk had time to take down the entire motion.
Ms. Robinson said that she had that the Council moved to approve the final plat of the Villas of La Montana
with the stipulation that Town staff would look into doing a one-way route. Councilman Kavanagh clarified that
they would do a one way if it was determined legal and as long as it did not impose a financial hardship on the
applicant.
Mr. McGuire noted that that the motion also included the additional stipulation proposed by staff (#5) so
Councilman Kavanagh's stipulation was#6.
Vice Mayor Nicola clarified that they were exploring whether one drive aisle that was one way was legal.
Mayor Nichols thanked everyone for their input.
Councilman McMahan expressed the opinion that Mr. Felkins had done an excellent job of addressing the safety
concerns and had been cooperative from the very beginning. He said that he drove around the area today and
believed it was going to be a beautiful addition to that area of Town.
AGENDA ITEM#5—CONSIDERATION OF REAPPOINTING ONE(1) BOARD MEMBER AND ONE
(1) CITIZEN TO EACH SERVE A TWO-YEAR TERM ON THE BOARD OF ADJUSTMENT.
Mayor Nichols MOVED that the Council reappoint one (1) Board member (Samuel Nicholson) for an
additional two-year term and appoint one (1) citizen (Richard Gohl) to fill the position vacated by Gene Peters
who recently moved to Prescott and resigned his position on the Board of Adjustment. Councilman McMahan
SECONDED the motion, which CARRIED UNANIMOUSLY (7 to 0).
AGENDA ITEM #6 — QUARTERLY UPDATE BY THE FIRE DEPARTMENT AND LAW
ENFORCEMENT.
Lieutenant D'Amico provided an overview of the quarterly update on Law Enforcement for the Sheriffs office
encompassing October to December 2004. He referred to charts displayed in the Chambers and noted that calls
for service this quarter were 3,119 compared to 2,873 in the second quarter of 2003 and 3,693 for the first
quarter. He noted that the increase last year was reasonable considering the growth that Fountain Hills and the
rest of the Valley continued to experience. He added that 487 reports were taken during this quarter compared
to 425 last year and 542 for the first quarter. Homicides remain at zero. He discussed the Uniform Crime
Reports (UCR) and explained that the definition of a sex crime for their purposes was different than what the
Sheriffs Office used (UCR definition is forceful rape or forceful sexual assault while according to the Sheriffs
Office definition it could be indecent exposure or inappropriate touching). He reported that there were a total of
three for the first quarter compared to four in the second quarter of 2003.
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Lieutenant D'Amico discussed robberies and stated that there were two in the second quarter compared to none
in the second quarter of 2003 (UCR average is 25). He noted that there was one reported case of aggravated
assault compared to four last year and 5 in the previous first quarter. He stated that there were two reported
arsons compared to none last year and none in the first quarter. He further stated that burglaries (residential,
business and vehicular) were 40 for the second quarter compared to 39 last year and 31 in the first quarter(UCR
average of 70.12). He commented on the huge increase in stolen vehicles (16 this quarter compared to 8 last
year and 7 in the first quarter)and said that detectives have plotted this and been in touch with the auto theft unit
to possibly obtain a"bait car". He advised that a plan was in place and this issue was going to be addressed. He
added that there were 68 thefts in the second quarter compared to 60 the previous year and 76 in the first quarter
and reported that 657 traffic citations were issued in the second quarter compared to 537 last year and 849 in the
first quarter. He noted that in November 2004 District 7 was assigned four new deputies and said they were
undergoing training and the numbers should increase when they graduate.
Lieutenant D'Amico discussed an increase in traffic accidents (90) compared to 44 last year and 78 for the first
year. He said that this was the result of an influx of people coming into Town for the holidays and an increase
in traffic. He commented on notable events that occurred and said that a Lieutenant was added to the command
staff assigned to Fountain Hills; a speed trailer could now be utilized by MCSO within Fountain Hills and the
Watch Your Car program conducted a window-etching event in which 50 to 60 citizens participated. He
reported that the Sheriff's Posse of Fountain Hills volunteered 2935.50 hours this quarter and said the hours
were spent on patrolling, crime prevention programs, assisting at crime scenes, training, and other Sheriff's
Office activities. He noted that 9665.5 miles were driven by the Posse in Fountain Hills.
Lieutenant D'Amico also commented on the Uniform Crime Report (UCR) data that was collected by the FBI
from over 17,000 law enforcement agencies. He added that they used statistics from the Phoenix area for
reporting purposes.
Fire Chief Mark Zimmerman addressed the Council and provided a brief update on the activities of the Fire
Department during the second quarter(2004-05). He discussed a call volume comparison and pointed out a typo
(should state 2nd quarter of 2003-2004 in first column). He noted that the totals for the total calls and the
emergency calls were just about equal in the two quarters this year and into last year. He commented on call
type comparisons and stated that again the numbers were very even from this quarter to the quarter a year ago.
He discussed average response times and pointed out that they had dropped slightly and said some of the
construction work had been completed so that probably helped the response times. He commented on training
hours and stated that there was a shift in personnel, one Captain moved to Scottsdale and was still with Rural
Metro as a training officer for the entire County area(our personnel as well). He noted that the monthly average
was 18 for that quarter and said that 20 was the average they shoot for. He said that fire prevention activity
decreased slightly toward the end of the year but remained in the 200 range. He stated that the figure was down
from a year ago.
Chief Zimmerman discussed activities for the quarter and said that Fire Safety Talks for K through 3rd grades
were conducted; they trained on and received a new Holmatro tool; participated in the Fall Festival Halloween
Event; manned a first aid station at Fountain Festival;participated in the Thanksgiving Day Parade; attempted to
be Santa's sleigh but the weather did not cooperate and assisted with the luminaria lighting.
Mayor Nichols thanked Lieutenant D'Amico and Chief Zimmerman for the updates.
AGENDA ITEM #7— CONSIDERATION OF APPROVING A TEMPORARY USE PERMIT TO
ALLOW OUTDOOR RETAIL SALES AND EVENTS TO TAKE PLACE ON SPECIFIED
WEEKENDS BEGINNING FEBRUARY 25, 2005, THROUGH DECEMBER 11, 2005, LOCATED AT
[ 12625 AND 12645 SAGUARO BOULEVARD,AKA PLAZA FOUNTAINSIDE; CASE#TUP2005-03.
r Senior Planner Dana Burkhardt addressed the Council and explained that the property owners at Plaza
Fountainside wished to request a temporary use permit for weekend events and the list of outdoor retail sales
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and events (provided) would take place on specified weekends beginning February 25, 2005, through December
11, 2005, at 12625 and 12645 Saguaro Boulevard, aka Plaza Fountainside. He noted that their request is
consistent with the manner in which they operated last year. He stated that staff recommended approval of the
requested 34 days and said they were not aware of any problems or issues associated with this request.
Vice Mayor Nicola MOVED to grant the temporary use permit and Councilman Archambault SECONDED the
motion.
Councilman Kehe said he believed there had been a problem at the previous farmer's market in that items other
than produce were being sold. He stated that he did not see anything here that restricted sales that were
customarily sold by other Town merchants.
Mr. Burkhardt responded that the applicant should address how they planned to operate and added that as the
weekend events occurred last year none of them involved outdoor sales. He added that there were some arts and
crafts that took place while the Town's festival operated. He stated that there would be an ice cream social and
a chili cook-off but he was not aware of any similarities between how the farmer's market was operated and
these weekend events.
Tom Peterson, 15727 Mustang Drive, the President of the Plaza Fountainside Merchant's Association, advised
that they did not currently run a farmer's market at Plaza Fountainside. He added that they did have events that
were strictly designed for the merchants at the Plaza (art events, arts & crafts, etc.) as well as art functions such
as a pet art show where pets performed their own art. In addition, they did pet photography for the holiday
period of time and conducted a lighting ceremony of their own. He noted that the events that were scheduled
were for the community as well as the merchants and added that the 50's/60's dance that took place last year
was one of the best-supported events in history.
The motion CARRIED UNANIMOUSLY(7 to 0).
AGENDA ITEM #8 — CONSIDERATION OF RESOLUTION 2005-20, RELATING TO FINANCE;
RESCINDING RESOLUTION #2004-58, ADOPTED ON NOVEMBER 4, 2004; APPROVING THE
ISSUANCE AND SALE OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, MUNICIPAL
PROPERTY CORPORATION MUNICIPAL FACILITIES REVENUE REFUNDING BONDS, SERIES
2005; AND DECLARING AN EMERGENCY.
Accounting Supervisor Julie Ghetti said that the next two resolutions, if approved, would authorize the
refunding of some of the Town's outstanding bonds. She explained that one of the ways that cities and towns
paid for large capital projects was by issuing bonds and the Town over time had issued bonds to finance a road-
paving project, the purchase of open space, construction of the library/museum and the community center,
which was called Phase 1. She noted that they just issued bonds for Phase 2 of the community center, the new
Town Hall. She stated that the Town's debt policy required that before undertaking the cost of refunding the
bonds that the savings to the Town be at least 3% of the principle amount of the bonds after all the costs were
taken into consideration. She added that the Town's financial advisors continually watched the market for
refunding opportunities and had recommended that the outstanding general obligation and municipal property
appropriation bonds be refunded at this time.
Ms. Ghetti announced that the Town's financial advisors from Peacock, Hislop, Staley and Given were present
in the audience as well as representatives from RBC Dane Rauscher. She added that Piper Jaffrey was selected
as co-managing underwriters and the Town's bond counsel, Scott Ruby from Gust Rosenfeld, was also present
to respond to any questions from the Council. She noted that Resolution 2005-20 authorized the refunding of
the two outstanding municipal property corporation bonds and the Series 2000 and 2001, which was for the
community center and open space. She reported that this would result in a present value savings of$367,105
after expenses. She added that Resolution 2005-19 authorized the refunding of four outstanding general
obligation bonds that were issued from 1995 through 2001. She said that those general obligation bonds were
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voted approved and were for road paving, open space on the east and west side of Town as well as the
library/museum. She noted that these bonds were repaid through a property tax and said the refunding would
provide sufficient savings to maintain the bonds that could not be redeemed at this time (non-callable bonds)
and they would be placed in a separate account until they were all paid off and would still provide savings. She
advised that staff recommended approval of Resolution 2005-19 and Resolution 2005-20.
Councilman Kehe MOVED to approve Resolution 2005-20 and Councilman Archambault SECONDED the
motion, which CARRIED UNANIMOUSLY(7 to 0).
AGENDA ITEM #9 — CONSIDERATION OF RESOLUTION 2005-19, AUTHORIZING AND
PROVIDING FOR THE ISSUANCE AND SALE OF NOT TO EXCEED #8,500,000 AGGREGATE
PRINCIPAL AMOUNT OF TOWN OF FOUNTAIN HILLS, ARIZONA, GENERAL OBLIGATION
REFUNDING BONDS,SERIES 2005; AND DECLARING AN EMERGENCY.
See discussion under Agenda Item#8.
Councilman Archambault MOVED to approve Resolution 2005-19 and Councilman McMahan SECONDED
the motion.
In response to a question from Councilman Archambault, Ms. Ghetti confirmed that refinancing the bonds
would help to lower the tax rate.
The motion CARRIED UNANIMOUSLY(7 to 0).
Mayor Nichols thanked Ms. Ghetti and everyone involved in the refinancing of the bonds, which would save the
Town over $500,000 over the life of those bonds. He commented that this was another reason why it was
important to get off of "Moody's watch list" because if the Town remained on the list and their rating was
reduced from where it was,they might not have been able to accomplish this feat.
AGENDA ITEM #10 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY
PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS
FOR FUTURE MEETINGS.
None.
AGENDA ITEM #11 — 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) OR DIRECTING STAFF TO CONDUCT FURTHER
RESEARCH AND REPORT BACK TO THE COUNCIL:
Mr. Pickering advised that he would look into comments made by Mr. Kendall regarding buses on Saguaro and
the "dip" on Firebrick Drive. He added that the March 3rd meeting appeared very light and might not be
necessary. He said he would advise the Council by next Friday whether or not the meeting would take place.
AGENDA ITEM#12—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER
None.
AGENDA ITEM#13—ADJOURNMENT
Councilman McMahan MOVED that the Council meeting adjourn and Vice Mayor Nicola SECONDED the
motion, which CARRIED UNANIMOUSLY (7 TO 0). The meeting adjourned at 7:55 p.m.
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TOWN OF NT HILLS
By
ally Nic ,Ma r
ATTEST AND
PEPARED BY:
Bevelyn J. F)nr,Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held
by the Town Council of Fountain Hills on the 17th day of February 2005. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 3rd day of March 2005. /
i /�3
Bevelyn J. B def,Town Clerk
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