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HomeMy WebLinkAbout2005.0505.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MAY 5,2005
Mayor Nichols called the meeting to order at 6:30 p.m.
INVOCATION—The invocation was led by Pastor Todd Knock,First Baptist Church.
ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council:
Councilman Archambault, Mayor Nichols, Councilman Kehe, Councilman Kavanagh, Councilman Schlum,
Vice Mayor Nicola, Councilman McMahan, Town Manager Tim Pickering, Town Attorney Andrew McGuire,
Director of Public Works Tom Ward, Accounting Supervisor Julie Ghetti, Parks & Recreation Director Mark
Mayer, Planning & Zoning Administrator Richard Turner, Senior Planner Dana Burkhardt, Maricopa County
Sheriff Lt. John D'Amico and Town Clerk Bev Bender were also present.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS:
(i) Mayor Nichols stated that on behalf of himself,the members of the Council, Town staff, and the residents of
Fountain Hills, he would like to recognize the contributions that had been made by the sponsors of the 2005
spring series of"Concerts in the Park"at Fountain Park. He noted that the Fountain Hills Montessori School and
Phil's Filling Station had stepped forward to sponsor the four-concert event and stated that because of their
generosity, this event provided enjoyment for many residents and park visitors. He expressed appreciation to
the Fountain Hills Montessori School and Phil's Filling Station for their willingness to once again serve the
community through the sponsorship of this unique Town event.
(hp, Mayor Nichols, speaking on behalf of the Town of Fountain Hills, presented Phil Rodakis and Michael Bashaw
with commemorative plaques and Fountain pins for their generosity and community service.
Mayor Nichols announced that last year a new tradition was introduced in the Town, a visiting elected officials'
program whereby elected officials at the local, state and county level were invited to address the residents of the
Town and tell them exactly what duties they perform. The Mayor said this evening Maricopa County Sheriff Joe
Arpaio would update the citizens on activities impacting the Town of Fountain Hills. He noted that next month
(June), Attorney General Terry Goddard would be the guest speaker and in July, Senator Carolyn Allen will
address the citizens as well.
(ii) Mayor Nichols said it was his honor to introduce Sheriff Joe Arpaio to the members of the audience and
invited him to sit at his place on the dais and update the residents of the Town.
Sheriff Arpaio thanked the Mayor and Council for the opportunity to address the residents of Fountain Hills and
emphasized how much he and his wife enjoyed living in the Town. He discussed the hiring of additional officers
to staff the two new jails and noted that without the affirmative vote for the sales tax in 1998 (that was extended
in 2002) they would not have been able to build and staff the new jails. He discussed prison occupancy levels;
recent drug trafficking arrests; his strong desire to implement random drug testing; the enormity of the drug
problem in the Scottsdale area and the fact that Fountain Hills to date remained virtually free of this type of
criminal activity; graffiti (particularly to automobiles) in the Town and the fact that his staff had broken up that
ring; the illegal immigration problem; the Sheriff's department's intention to address speeding in Town as well
as in a County area along Scottsdale Road; the department's intention to also address illegal dumping in a
nearby County area; difficulties associated with keeping everyone happy but the department's intention to meet
the needs of the residents and maintain and enhance the quality of life and safety in the County and Fountain
Hills.
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Mayor Nichols thanked Sheriff Arpaio for his update and thanked him for the department's and the posse's hard
work and efforts to protect the citizens of Fountain Hills. The Mayor said that Sheriff Arpaio and his office had
been very kind to the Town and had performed above and beyond their contract limitations many, many times.
Parks & Recreation Director Mark Mayer addressed the Council regarding the "Concerts in the Park" series that
concluded last month following L hree-year hiatus. He said that the Town was fortunate to have members of
the community step forward and sponsor the event (Phil's Filling Station and Fountain Hills Montessori
School). He noted that this was the first concert to take place at the Town's new Amphitheater and estimated
atte :dance at approximately 1,000 overall for the four events. He added that a variety of performers entertained
at t,r concerts and reported that staff had received many positive comments regarding the event. He said that
one of the questions he was asked was whether the concert series would continue in the future and stated that he
advised the citizen that this was just one of the items that staff would be seeking funding for during the
upcoming budget session.
In response to a question from Councilman Kavanagh, Mr. Mayer advised that in the future they planned to
feature jazz and symphony concerts as well.
Councilman Kavanagh commented on the location of rest room facilities at the recent concerts and suggested
that Parks and Recreation look into locating the second proposed group of facilities closer to the venue. Mr.
Mayer responded that staff would pursue this suggestion.
CALL TO THE PUBLIC
There were no citizens wishing to speak at this time.
CONSENT AGENDA
Mayor Nichols read the following consent agenda items:
AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES FROM APRIL
12'H AND 21s',2005.
AGENDA ITEM #2 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE SUBMITTED
BY THE AMERICAN LEGION POST #58. THIS REQUEST IS FOR A FUNDRAISER SCHEDULED
FOR MAY 30,2005 FROM 8:00 A.M.TO 10:00 P.M.
AGENDA ITEM #3 — CONSIDERATIN OF APPROVING A LIQUOR LICENSE APPLICATION
SUBMITTED BY ZOFIA KOZIOL FOR LA BELLA VITA TRATTORIA LOCATED AT 16726 E. EL
PUEBLO BOULEVARD. THE APPLICATION IS FOR A NEW CLASS 12 (RESTAURANT
LICENSE).
AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2005-31, ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE OF PLAT 603A,BLOCK 6,LOT
3 (15634 E.SYCAMORE DRIVE) AS RECORDED IN BOOK 196 OF MAPS,PAGE 28, RECORDS OF
MARICOPA COUNTY,ARIZONA WITH STIPULATION. EA05-10(RICHARDS).
AGENDA ITEM #5 — CONSIDERATION OF APPROVING A PURCHASING AGREEMENT WITH
SUN PORTS, INTERNATIONAL, INC., TO INSTALL SHADE STRUCTURES OVER THE TWO
NEW PLAYGROUNDS AT FOUNTAIN PARK.
Councilman Kavanagh MOVED to approve the Consent Agenda as read and Councilman Archambault
SECONDED the motion.
A roll call vote was taken with the following results:
Councilman Kehe Aye
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Councilman Schlum Aye
Councilman Kavanagh Aye
Vice Mayor Nicola Aye
Mayor Nichols Aye
Councilman McMahan Aye
Councilman Archambault Aye
The motion CARRIED UNANIMOUSLY.
ACTION AGENDA
AGENDA ITEM #6 — DISCUSSION OF BANNING MOTORIZED SKATEBOARDS AND OTHER
LIKE VEHICLES FROM PUBLIC ROADWAYS WITH POSSIBLE DIRECTION TO STAFF.
Town Manager Tim Pickering noted that the Council had indicated that this was a topic they would like to
discuss and,following thirty days of research, a report has been developed.
Lieutenant John D'Amico with the Maricopa County Sheriffs Department addressed the Council regarding this
agenda item. He said that in researching this issue, they looked at what other cities, both in and out of the
Valley, were doing as well as what was occurring in the rest of the country. He added that they also looked at
the number of injuries and deaths attributed to riding motorized skateboards. He reported that the current Town
Code 12-5 deals with the regulation of motorized skateboards and is similar to other town ordinances that exist
in other cities across the Valley. He reported that currently, of the fifteen cities or so located in the Valley, only
three ban motorized skateboards and play vehicles(Phoenix,Avondale and, most recently,El Mirage).
Lt. D'Amico reported that of the remaining cities, five, Scottsdale, Glendale, Tempe, Mesa and Chandler, are
kor considering banning motorized skateboards. He reported that all of those cities had held public forums to obtain
citizen input regarding this matter and to date none had made a final decision as to whether to ban the vehicles
or not. He added that the cities of Tucson and Florence also recently put bans in place. He informed the
Council that it was somewhat difficult to determine what was happening outside of the State of Arizona due to
the fact that there did not appear to be a mechanism in place that tracked this issue nationwide. He said that
through newspaper articles he was able to determine that the State of Colorado had banned "toy vehicles"at the
State level, which, in effect, took the burden off local municipalities. He added that Providence, Rhode Island,
and Arlington Heights, Illinois had also banned "motorized devices". He pointed out that Connecticut and New
Hampshire were considering statewide bans as well.
Lt. D'Amico reported that the Consumer Products Safety Commission (CPSC) began tracking injuries on
motorized skateboards in 1999. At that time there were an estimated 1,330 injuries treated at hospital emergency
rooms across the nation. He said that in 2000, the amount of injuries increased to 4,390. He said that in a recent
article in USA Today, the CPSC reported that from July 1, 2003, through June 30, 2004, 10,015 people were
treated for injuries sustained on motorized skateboards by emergency room doctors. He noted that about one-
third of those injured were under 15 years old and since October 1998, 49 motorized scooter riders' deaths had
been reported. He stated that it was clear that injuries continued to increase as the popularity of motorized
skateboards continued to increase and this might be the driving factor in cities' recent decisions to ban
motorized skateboards in the United States. He added that as far as what was happening in the Town of
Fountain Hills, the Sheriffs Office, for the calendar year 2004, had received about 141 calls for service in the
area of "motorized bikes disturbing" and clarified that they did not categorize motorized skateboards by
themselves. He said that each incident had to be called up individually in order to determine the exact vehicle
involved in the reported incident. He noted that within the last year there had not been any accidents involving
the motorized skateboards and as far as the pocket bikes, once the State came out with their legislation
(considered motor driven cycles) and subject to insurance, etc., the problem virtually disappeared. He informed
the Council that regulations in the City of Phoenix did not address pocket bikes because they considered them
banned already under the law.
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Lt. D'Amico outlined the Council's options and said that they could do nothing and continue with the current
Code and enforcement, but noted that the problems would continue to persist. He stated that they could also ban
the operation of motorized skateboards on public roadways but noted that this might cause a problem with
citizens in Town who felt they did not get an opportunity to voice their opinion. He added that the Council
could also follow staffs recommendation, which was to hold one or two public forums to gain the public's input
as Scottsdale had done. He pointed out that this might provide some more information that might not have been
covered in the current research. He said that one or more of the other cities considering a ban might have made
a decision on the matter and this too could provide some insight into this issue. He advised that staff s
recommendation at this time was to hold at least one public forum to gain the publics' input before a final
decision was made.
Councilman McMahan questioned whether the complaints centered around safety or noise and Lt. D'Amico
responded that they mainly concerned noise.
Councilman Archambault asked whether the County had any type of regulation at all regarding this issue and
the Lieutenant stated that they did not at this time. He added that they were working on developing some
regulations and said he saw a copy of what they were proposing but basically it mirrored what the Town already
had in place.
Councilman Kavanagh commented that they were ultimately talking about public safety and asked how many
injuries had occurred in Fountain Hills over the last year. Lt. D'Amico reported that there were none over the
last year, but added that about a year and a half ago, a girl riding one of the vehicles struck a car.
Councilman McMahan concurred with staffs recommendation that a public forum take place regarding this
issue and stressed the importance of receiving citizen input on this matter.
Councilman McMahan MOVED to conduct a public forum, as recommended by staff, to obtain citizen input
regarding this issue. Councilman Archambault SECONDED the motion.
Vice Mayor Nicola questioned what the actual purpose of the hearings would be.
Town Manager_Tim Pickering responded that a forum would be held to describe the proposed legislation, the
ban, and, in an orderly fashion, attempt to solicit people's reaction to the proposed ban. He noted that the
Council could hold the forum or the Public Safety Commission or the Sheriff's Office could do so as well. He
said that the important factor was to obtain citizen input regarding a proposed ban in the Town of Fountain Hills.
Councilman Kavanagh stated that he objected somewhat to this being portrayed as "either we do nothing or we
ban" and expressed the opinion that there was a wide range of intermediate steps that could be taken to limit the
problem. He noted that based on the information received this evening, only one in fifty states banned the
vehicles and only three cities in Arizona ban the vehicles. He added that in all of Fountain Hills' history, only
one accident involving the vehicles had occurred. He said this appeared to be a "solution looking for a problem
that doesn't exist". He stated that the Consumer Products Safety Report indicated that there could be some
reasonable intermediate steps implemented such as not allowing younger children to use the vehicles. He
expressed the opinion that the full range of available options should be presented to the citizens at the start of the
forum along with the general evidence that at this point there was no real problem so that the people were
accurately educated and aware of the various options.
Vice Mayor Nicola commented that she believed they were discussing this matter for two reasons,first, she(and
she assumed other members of the Council) had received several calls over the years, from constituents 40
regarding noise and safety hazards associated with the vehicles. She added that in looking forward, if
neighboring municipalities banned the vehicles on their streets (and with the opening of the skate park there
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would be more skaters in Town), she was concerned that Fountain Hills would be welcoming these vehicles into
the community because other municipalities were forbidding them.
Councilman Archambault concurred with Councilman Kavanagh's remarks and said he believed this issue
should be turned over to the Public Safety Commission to work in conjunction with the Maricopa County
Sheriffs Office in Town for the purpose of holding an open forum where the public could provide input. He
also agreed with Councilman Kavanagh's statement regarding the fact that a "range of options existed."
Mayor Nichols asked whether Councilman Archambault was amending the motion to have the hearings handled
by the Public Safety Commission and Councilman Archambault said he was simply expressing what he believed
the motion to be.
The Mayor stated that the motion was that there should be a public hearing on this subject.
Councilman McMahan said he would AMEND the motion to request that the Public Safety Commission
conduct the hearings. Councilman Archambault, the seconder of the motion, AGREED TO THE
AMENDMENT.
Mayor Nichols asked for a vote on the amendment. The motion CARRIED BY MAJORITY VOTE (6 to 1)
with Vice Mayor Nicola voting nay.
The Mayor then requested a vote on the main motion, to have a public hearing held by the Public Safety
Commission on this issue.
Cie Councilman Kehe referred to the report prepared by the Town Prosecutor and said he had identified another
problem, the fact that the Town's current regulation was virtually unenforceable. He added that the rule was
ambiguous and there was no defined regulation in terms of what actually constituted noise, how speed limits
were established, etc. He said that it appeared it would be difficult for law enforcement to operate under the
current rule and added that this might be an area that should be looked into as well.
Councilman Kavanagh commented on the manner in which this issue was handled by staff and stated that the
Council had basically said they wanted to look into this issue and said he was not pleased to see a completely
written ordinance ban constructed. He expressed the opinion that it almost seemed as though some people
believed that the ban was a "done deal". He added that had the Council directed staff to put together an
ordinance to ban the vehicles that would have been reasonable but said that they simply said this should be
looked into. He said he thought that the thrust of the research should not be prematurely geared towards a
certain direction.
Mr. Pickering explained that the only reason staff acted as they did was they were not sure, from a Council
standpoint, whether they would want to pass an ordinance to that effect once they reviewed the research or not.
He added that they were not sure exactly what the direction given by the Council was and therefore they
developed the ordinance just in case they wished to move in that direction. He stated that staff also wanted the
Council to see the existing ordinance so they could compare it against the Town Prosecutor's comments and
determine for themselves the areas that were unenforceable. He said that it was more for the existing ordinance
but added that Councilman Kavanagh's comments were well noted.
Town Clerk Bev Bender advised that there were no citizens wishing to speak on this item.
L
Councilman Kehe questioned whether a problem had actually been identified.
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Councilman Kavanagh commented that based upon the readings (mainly from the Consumer Products Safety
Commission) it might be reasonable to say that people under the age of 12 should not be allowed to operate the
vehicles. He admitted that they did not have any real evidence that a problem existed in Town.
Mayor Nichols stated that the issue was not a major problem today but it was a major future problem as it
became more proliferated. He discussed phone calls he had received from citizens who stated they "almost hit a
child" and added that this was something that the Public Safety Commission could review in depth and make a
recommendation after hearing from the residents regarding how much of a problem they believed this was.
Councilman McMahan noted that according to the Town Prosecutor, the most frequent complaint revolved
around noise and he concurred that motorized skateboards were extremely loud. He suggested that they ban the
motorized skateboards but allow the operation of the electric ones. He added that this was something that
should be discussed at the hearing.
Councilman Kavanagh commented that the noise issue was one of the initial reasons why this ordinance was
passed several years ago by the Council; they banned the vehicles between sunset and sunrise. He noted that
during the day they did create noise; but Mayor Nichols noted that so did house construction,garbage collection,
and other activities in Town. Councilman Kavanagh added the opinion that the spirit of what he was hearing
this evening was that there was no consensus on the Council that there was a problem at this time. He stated
that he wanted to make sure that the Public Safety Commission and the residents who attended the hearing were
not misled. He added that he was hearing that the Council did not know whether this was a problem and
therefore they wanted the Commission to look into it for them and determine what needed to be done, if
anything at all.
Councilman Archambault agreed that the issue could potentially become a problem and noted that there had
been a nationwide increase in injuries over the past several years. He added that this information in itself was „gm)
enough to warrant a review of the matter to ensure that the safety of the Town's residents was preserved.
Councilman Kavanagh pointed out that the numbers included in the report were "raw" numbers, not rates, and
added that there would obviously be an increase over the last few years because the vehicles were only
introduced four or five years ago and they were just catching on. He said that the increase could be simply the
result of more people buying and using the vehicles. He recommended that the Commission look for injury
rates and then conduct comparisons among other types of vehicles. He noted that everything was dangerous;the
important aspect was determining the acceptable level.
Vice Mayor Nicola explained that the reason she voted against the amendment to send the issue to the Public
Safety Commission was (1) they only meet quarterly (a weekday at 4:00 p.m.) and (2) they haven't been
charged with advising the Council regarding legislation. She expressed the opinion that the Parks & Recreation
Commission would be an equally suitable board to review this matter given the fact that they were looking
towards building a skate park. She said that she wanted to make sure that it was the safest skate park that it
could be and that was why she wanted to voice her reason for voting against sending the matter to the Public
Safety Commission.
Councilman Kehe asked whether the Vice Mayor would prefer to see the item reviewed at a Council Work
Session. Vice Mayor Nicola responded that Council Work Sessions did not allow for public comment and
added that she was concerned that it be property publicized and the public be afforded the opportunity to be
heard. She said she hoped that staff heard that concerns and responded appropriately.
Mayor Nichols proposed that the Public Safety Commission could hold a Special Meeting to review this matter.
The Mayor called for a vote on the amended motion, which CARRIED UNANIMOUSLY.
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AGENDA ITEM#7—CONSIDERATION OF INITIATING A TEXT AMENDMENT TO THE ZONING
ORDINANCE TO INCLUDE AN OPEN SPACE PRESERVATION DISTRICT AND POSSIBLE
INITIATION OF A REZONING FOR THE TOWN OWNED MCDOWELL MOUNTAIN PRESERVE
LAND.
Senior Planner Dana Burkhardt stated that on January 6, 2005, the Town Council initiated the rezoning of the
Town-owned land known as the "McDowell Mountain Preserve" to the "OSR" Open Space Recreation Zoning
District. He said that Council asked staff to look into what other communities might do and conduct further
research into what might be most appropriate for rezoning this type of property, this Town-preserved land. He
emphasized that staff kept in mind the bond verbiage and said that one of the key items was the description of
what the property was to be used for, namely "open space, preserves, parks, trails and recreation purposes," a
fairly broad range of activities. He noted that the OSC zoning designation would be too restrictive as presented
at the January 6th meeting. He said that since then staff conducted research, reviewed what other communities
might do as well as other available options and recognized that the existing "OSC" zoning designation was not
mirrored by any community that was researched. He noted that the City of Scottsdale appeared to be one of the
most complex and advanced in terms of land preservation zoning and the approval process.
Mr. Burkhardt advised that staff had developed a matrix and identified zoning districts in communities that were
most similar to Fountain Hills and determined that the proposed "OSP" presented in this project was very
consistent with what appeared to be the majority of zoning in place in the various municipalities researched by
staff. He noted that the City of Scottsdale, in addition to the McDowell Sonoran Preserve, adopted the "ESLO"
(Environmentally Sensitive Land Ordinance) in 1991 and noted that the ordinance was an overlay to base
residential and commercial zoning designations and was developed to protect environmentally sensitive areas
and guide development located north and east of the Central Arizona Project canal and the McDowell
Mountains (the land abutting Fountain Hills). He explained that some City of Scottsdale properties abutting the
Town within the ESLO overlay designation were zoned "COS" (Conservation Open Space) Zoning District and
noted that the COS district was the most compatible zoning district designation to the uses and intent of
Fountain Hills "McDowell Mountain Preserve".
Mr. Burkhardt informed the Council that the Town of Cave Creek provides both "OSP (Open Space
Preservation) and "OSC" (Open Space Conservation) Zoning designations similar to Fountain Hills. He added
that Cave Creek did not currently have land zoned in either of these districts and portions of the Black Mountain
open space area had been purchased by citizens as conservancy. He noted that staff was not aware of any other
preservation mechanisms utilized by Cave Creek. He said that the Town of Carefree did not have an open
space-zoning district and the Town did not own open space land according to their planning staff.
Mr. Burkhardt stated that based on the research provided, it was staffs opinion that there were two primary
concerns the Council should consider in the rezoning of the McDowell Mountain Preserve. First, the Council
should be the approving authority for all future improvements and uses in the preserve to ensure compatibility
and sensitivity while preserving the natural character of the land. He noted that the Council currently has this
authority through the adoption of the"Master Plan for Fountain Hills McDowell Mountain Preserve". He added
that secondly, the Council should adopt an ordinance that would provide the flexibility to consider the proposed
uses as well as unanticipated trail and utility improvements for the future. He said that staff discussed the
rezoning of the preserve land with the MMPC at their March 1st and April 5th, 2005, meetings and the
Commission generally agreed that an alternative zoning designation was appropriate to allow the planned and
unplanned facilities and future improvements, while preserving the intent of the bond.
Mr. Burkhardt stated that staff recommends that the Council amend the Zoning Ordinance to replace the OSC
Zoning District with an "OSP" (Open Space Preserve)Zoning District and consider the following verbiage:
A. In the Open Space Preservation ("OSP")Zoning District:
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1. Undeveloped natural land and open space
2. Parks and Nature preserves
3. Archaeological or Historical Sites
4. Public trailhead with facilities, including uses such as ranger stations, parking areas, restrooms, seat
benches, covered ramada structures and features that substantially conform with the adopted Master
Plan for Fountain Hills McDowell Mountain Preserve
5. Trails and trail improvements such as but not limited to seat benches and covered armadas and
features that substantially conform with the adopted Master Plan for Fountain Hills McDowell
Mountain preserve
6. Utility services,plants and generating stations, sub-stations, with the approval of the Town Council
7. No other uses or structures except those allowed above are permitted in the OSP Zoning District.
Mr. Burkhardt referred to Items 4 and 5 listed above and stated that they closely attached the ordinance to the
adopted Master Plan for the Fountain Hills McDowell Mountain Preserve as adopted by the Council back in
September. He said they would have to expand this to apply to other areas of land that might also fall under this
that were not within the Preserve.
Mr. Burkhardt added that staff recommended that the Council move to initiate the OSP Zoning District text
amendment and initiate the rezoning of the Town owned preserve land to the OSP designation and add that if
the Council wished to consider rezoning the "McDowell Mountain Preserve" land to the "OSR" Open Space
Recreation Zoning District, as initiated on January 6, 2005, staff suggested that the Council direct staff to
proceed with rezoning to the OSR designation.
Mayor Nichols asked the Council to bring forward a motion to approve initiating the OSP Zoning District text
amendment.
Councilman Kehe MOVED to approve initiating the OSP Zoning District text amendment and Vice Mayor
Nicola SECONDED the motion.
Councilman Kehe said that it was his understanding that the McDowell Mountain Preservation Commission
supported this proposal and said that at some point he would like to hear from Commissioner Kinsey regarding
this issue. He was advised that Commissioner Kinsey had submitted a speaker request card and would address
the Council regarding this matter.
Councilman Kehe stated that he supported the motion but the one thing that concerned him was staff's
recommendation ("staff recommends that the Council amend the Zoning Ordinance to replace the OSC Zoning
District with and OSP Zoning District.)" He said that he did not understand why they were replacing it and
added that at some point, they might want to use the existing Zoning District (OSC) for something that they
could not anticipate at the current time. He questioned why they did not simply add the OSP Zoning and leave
the OSC in tact.
Mr. Burkhardt responded that staff did look into the existing OSC Zoning and could not find another community
that had such a lack of permitted uses, particularly in a relatively urban type of community. He explained that
the zoning designation was essentially a wilderness area, extremely remote, and said that was why staff
recommended replacing it. He added that staff would like to set up a mechanism that would ensure that they did
not have to come back and revisit the ordinance every time.
Councilman Kehe asked whether it was possible that there could be a time in the future that the Town obtained
some land via some method that they would want to designate simply natural land and unpaved trails. He said if
the zoning was simply left on the books, they would not have to revisit the matter if such a situation did occur in
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the future. He added that he did not recognize any disadvantages in proceeding in such a manner.
480 Mayor Nichols summarized that Councilman Kehe believed this would provide added flexibility and he
concurred with the Mayor's remarks.
Vice Mayor Nicola stated that she supported the comments and thanked staff for bringing this forward. She
added that she believed this was a good solution to a concern that she had in-between the OSC and OSR and
where this land fit in and said she appreciated staffs efforts in this regard.
Roy Kinsey, 17120 E. Fairway Court
Mr. Kinsey, representing the McDowell Mountain Preservation Commission, addressed the members of the
Council, and said that the Commissioners were pleased with the work that staff had conducted regarding this
matter. He spoke in support of the OSP designation and said although he did not intend to enter into a
discussion about whether to have OSC and OSP, the significant issue to him was that the land not be zoned R1-
43. He reiterated that the members of the Commission support staffs efforts and recommendations and urged
Council approval.
Mayor Nichols thanked Mr. Kinsey for his comments. He added that a recommendation had been made to
approve the initiation of the text amendment and asked whether they needed to amend the motion to include
both OSC and OSP zoning designations. Town Attorney Andrew McGuire advised that an amendment was not
needed and staff could simply follow the Council's direction. The Mayor called for the vote on this item and the
motion CARRIED UNANIMOUSLY(7 to 0).
(seMayor Nichols thanked Mr. Burkhardt for his efforts on behalf of the Town of Fountain Hills and wished him
the best of luck as he went forward to his new job.
Mr. Burkhardt said that working for the Town had been a wonderful experience and he had gained significant
knowledge during his six-year tenure. He thanked the Council for their support.
Councilman Kehe stated that he wanted to clarify that the word "replace" would be struck and Mr. McGuire
assured him that this was his understanding as well. He said that the direction to staff was to create a new one
rather than replace an existing one.
AGENDA ITEM #8 — CONSIDERATION OF A SPECIAL USE PERMIT REQUEST FOR VEHICLE
SALES INCLUDING OUTSIDE DISPLAY AND STORAGE FOR DESERT DOG OFF ROAD,
LOCATED AT 17212 E.SHEA BOULEVARD. CASE#SU2005-02.
Planning & Zoning Administrator Richard Turner addressed the Council regarding this agenda item and said
that the property was zoned C-2 P.D. and had been developed with a business that sells, rents, repairs all terrain
vehicles and jet skis and offers desert tours. He added that all of the adjacent property was similarly zoned with
some R-5 to the north, which was a significant wash. He noted that lots 1, 3, 4, and 5 of this commercial
subdivision had been developed with restaurants and an automobile repair business. " He referred to slides
displayed in the Council Chambers and stated that the applicant would like to continue to display new all terrain
vehicles in front of the building. He said that a Hummer was also displayed on a mound north of the building
and other vehicles being stored on site would be screened by an 8-foot high wall behind the main building. He
pointed out that the storage area was paved.
Mr. Turner informed the Council that a Concept Plan was approved for this use on this property by the Planning
& Zoning Commission on January 11, 2001. He displayed photographs depicting the site and said that the
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property owner was notified that the outside display of vehicles on the property was a violation of the Zoning
Ordinance on October 27, 2004. He added that this application was filed to correct that violation and allow the
storage of vehicles at the rear of the property. He expressed staffs opinion that the display and storage of ATVs
would appear to be a compatible use at this location and noted that staff had not received any written objections
to the approval of the application and no public testimony came forward at the Planning & Zoning meeting. He
advised that the members of the Commission unanimously recommended approval of the application and staff
recommended that the application be approved as well, subject to the following requirements and conditions:
a. Development and use of the site in accordance with the plan of development entitled "Desert Dog Off
Road" stamped received March 10, 2005.
b. There shall be no access gate at the east end of the site unless approved by the Town Engineering
section.
c. No wrecked vehicles will be stored on site.
d. The new west gate to the storage area shall be located behind the adjacent landscape island.
Councilman Schlum MOVED to approve the Special Use Permit (#SU2005-02) and Councilman McMahan
SECONDED the motion.
Mr. Turner highlighted the location of the proposed homes in response to a request from Councilman Kavanagh
and said that the 8-foot wall would screen the storage portion of the area behind the main building. He added
that there would also be a parking lot at that location and that was already screened to some extent by a lower
wall. He expressed the opinion that the elevation across the wash was a little lower and there would not be a
view into that storage area with the 8-foot wall.
In response to a question from Councilman Kavanagh, Mr. Turner advised that the affected residents received
proper notification and the property was posted as well.
Vice Mayor Nicola asked what the hours of operation would be and the owner responded that they would be 9
a.m. to 6 p.m. He added that they would be closed on Mondays and the storage would be for the businesses
only.
Councilman Kehe requested that the language under the Evaluation section, Paragraph 4, be changed to state
"To help maintain the character of this commercial area, the storage yard shall(rather than should)not be used
for the storage of wrecked ATV's or other vehicles." Councilman Kehe MOVED to amend the motion to have
that language reflected under the recommendation for approval under Stipulation c as follows: "No wrecked
vehicles shall be stored on site." Vice Mayor Nicola SECONDED the motion, which CARRIED
UNANIMOUSLY.
The Mayor called for a vote on the amended motion, which CARRIED UNANIMOUSLY (7 to 0).
AGENDA ITEM#9—PRESENTATION OF THE PROPOSED TOWN OF FOUNTAIN HILLS FISCAL
YEAR 2005-06 BUDGET BY MS. JULIE GHETTI AND CONSIDERATION OF THE ADOPTION OF
THE MAXIMUM AMOUNT FOR THE FISCAL YEAR 2005-06 TENTATIVE BUDGET, INCLUDING
ALL COMPONENT UNITS, WITH APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENT
IN ACCORDANCE WITH STATE LAW. THE COUNCIL MAY ADDRESS ANY OR ALL ITEMS
CONTAINED IN THE BUDGET DOCUMENT AND INITIATE ANY SUGGESTED CHANGES
PRIOR TO ADOPTION.
j
Mayor Nichols advised that this process was required by State law and was necessary in order for the Town to
proceed with the budget process. He noted that the Council would not be discussing the individual departments
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and/or expenses, their charge this evening as a Council was to establish a maximum amount for the Town's
budget. He added that the budget could then be posted and publicized and hearings could be held (scheduled for
later on in the month). He said that this process was basically a legal formality.
Accounting Supervisor Julie Ghetti concurred that the purpose of the presentation this evening was to present an
overview of Fiscal Year 05-06 budget in preparation for the May 17th Work Study Session. She added that it
would also establish the maximum amount of expenditures for the year and allow the Town to publish the
budget in the newspaper over the next two weeks to provide the public an opportunity to review the document.
She noted that a public hearing on the budget would be held on Thursday,June 2nd
Ms. Ghetti noted that the Mission Statement was the Council's commitment to the public ("Service, Respect,
Trust and Stewardship") and said that this helped guide them throughout the budget process as well. She noted
that the presentation would cover a summary of the revenues and expenditures for all of the funds in addition to
the Council's goals that were established at the Council Retreat that was held in January of this year. She added
that they would also review some budget highlights for the General Fund as well as special revenue funds and
capital projects.
Ms. Ghetti highlighted a brief PowerPoint presentation and discussed total revenues for all of the funds for the
Town of Fountain Hills and noted that 53% of all of the Town's revenues were taken in from sales tax and State
shared revenues; expenditures and the fact that the General Fund expenditures were 59% of the total (basically
the Town's operating fund); restricted funds that were not typically used for general operating expenses; and the
Council's goals that were established at their January Retreat, which included "to annex the trust land; develop
a public information and grant-writing program; complete the Strategic Planning process; explore
opportunities for additional parks and amenities; develop on-going relationships with neighboring communities
and enhance business relations."
Ms. Ghetti discussed some of the budget highlights and reported that the budget was balanced without the use of
reserves, specifically in the General Fund. She added that the Council's goals were incorporated within the
budget and reported that there was a $2.6 million transfer into the capital project's fund for future capital
projects. She noted that there was also $4.1 million invested in capital projects this year. She advised that staff
adjustments were made to meet the Council's goals and they maintained a General Fund fund balance of$6.4
million. Ms. Ghetti reported that the Town's first Strategic Plan was implemented and established a new
division for non-departmental costs (some of the costs that were previously in the Administration Department
are now included in the Operational Community Support Division) where the non-departmental costs would live
(i.e. liability insurance, utilities, legal fees, sales tax rebates, etc.). She also discussed the capital expenditures
over the past four years and said that they were taking advantage of the one-time revenues this year and next that
the Town receives from construction-related activities. She acknowledged that this activity would not last and
the Town would eventually run out of developable land and said that this was why now was an opportune time
to take advantage of the revenue and invest it back into the capital.
Ms. Ghetti referred to a chart that depicted the General Fund revenues and pointed out that 83% of the General
Fund revenue was made up from local sales tax and State shared revenues. She pointed out that those two
revenues sources were probably the most vulnerable for the Town and said that construction sales tax was
approximately $1.6 million (one time revenue source). She added that if they were to trend the chart out over
the next five years, the numbers would start to decline but the revenues would go up so at some point in the
middle it would meet. She said that in the licenses and permits area there was another $1.6 million of building
permit fees for a total of approximately $3 million, 20% of the budget, which were one-time costs that would
not last forever. She stated that State shared revenues were based on population and as the surrounding
communities grow and get a bigger percentage of the State population, the Town of Fountain Hills would not
grow as fast and would lose a percent of that population. She reported that the census they were having in 2005-
06 would give them an idea as to what the population would be in 06-07 so they were not sure as yet how they
Nov were going to wind up as far as population, it depended on how fast the other cities were growing.
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Ms. Ghetti commented on charts depicting the revenues over the last ten years (the five major revenues) with the
first one being the local sales tax, the Town's largest source of revenue at approximately $9 million per year
(approximately half of the budget). She reported that of that $9 million, .3% is for the bond payments for the
Mountain bonds and the Civic Center. She added that .1% is for the Downtown Center. She commented on the .4,41)
top three sales tax receipts broken down by category, including retail sales activity that had grown but was
expected to level out once the shops were built out. She noted that the construction sales tax had remained level
and said it should remain that way for a couple of years but then it would start to decline as the Town began to
run out of building permits.
Discussion ensued relative to various charts and graphs contained in the PowerPoint presentation.
Ms. Ghetti informed the Council that in the 05-06 budget there were two full-time position requests, a Park
Operations Lead and a Public Information Officer/Grant Writer. She added that there was also an $800,000
transfer from the General Fund, $500,000 to the Streets Funds to help with road maintenance and $300,000 to
the Town Hall for furnishings and the parking lot. She referred to a summary of the General Fund expenditures
by category and noted that wages had gone up from last year (9% increase including the two new positions).
She also discussed contractual services, which had a 12% increase (upcoming General Plan amendment and
Census). She advised that the maintenance and repairs increased by 22%, some of which was due to the move
and computer updating/moving and said that they were also doing more in the wash maintenance program. She
added that supplies and services decreased from last year and said that this was anticipated because of the move
from the current leased buildings into the new Town Hall (15% decrease). She said that staffs goal was to
maintain the $6 million fund balance and noted that the bond rating agencies were happy with this level. She
reported that that provides a$2.6 million transfer to the capital projects fund to fund future capital projects.
Ms. Ghetti advised that the Town also has several special revenue funds and explained that they were restricted
in that they were not normally used for operations, they were restricted for special purposes (grants, to buy
capital expenditures or equipment). She noted that this was the Highway User Revenue Funds (HURF), which
was the street fund that Public Works Director Tom Ward would address later on in the meeting. She added that
the sales and excise taxes were restricted sales taxes dedicated for the payments on the Civic Center and the
Mountain bonds as well as the portion for the downtown development. She said there were also federal, state,
and local grants that the Town may or may not get and they would be restricted to whatever purpose they were
issued. She pointed out that they allowed for approximately $1.5 miscellaneous grants in the event that they got
grants they did not anticipate, they wanted the ability to take in those grants and spend them. She explained that
if they were not budgeted for, they could not be spent that year.
Additional discussion ensued relative to bond payments, development fees over the past five years, the fact that
the fees were based on the number of units and in 05-06, the number of units as beginning to decrease slightly;
the fact that the Town was currently in the middle of a development fee review, which they anticipated would be
completed in the spring of 2006; and a list of capital projects which Mr. Ward and Mr. Mayer discussed in
greater depth.
Public Works Director Tom Ward reviewed HURF funds, sales excise tax funds, and development fees projects.
He discussed HURF funds first and commented on repairs to Fountain Hills Boulevard and Saguaro, costs for
slurry seal, and micro-surfacing on the Saguaro and Fountain Hills Boulevard areas. He commented on the
Town monument sign on Shea Boulevard and said that as you travel from Scottsdale, it would be located on the
south side of Shea Boulevard in an open dirt area. He added that they were going to construct another Town
monument sign that was similar to the two that already exist. He reported that the Town might receive a grant
for the replacement of the street sweeper that was ten years old and said staff was hoping to receive
approximately $200,000 in funds and the total estimated cost of a new sweeper will be between $225,000 and
$250,000(no bids have been solicited to date).
Mr. Ward also discussed sales excise taxes and noted that it encompassed Phase I of the Avenue of the
Fountains improvements, scheduled for the next fiscal year. He stated that some of the items they were looking
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at from a design standpoint included streetlights, shade covers, resurfacing all of the sidewalks on the north side.
new landscaping, benches and trash receptacles. He reported that the plans were being drawn up right now and
working drawings should be in hand by the end of May allowing construction to begin next fiscal year.
Mr. Ward commented on development fee projects and said that there were currently three — Saguaro and El
Lago traffic signal. He added that on the Saguaro-Monterey left turn lane, one of the things they discovered was
that they had never had a "turn pocket" on Saguaro Boulevard and said they were not sure why one was never
built. He expressed the opinion that the "turn pocket" was necessary for the protection of the drivers making the
left turn onto Saguaro from Monterey and would be working on those projects. He added that they did not have
designated locations for the sidewalks as yet ($55,000) but added that the money would be spent on ADA
(Americans With Disabilities) requirements and different areas where they needed to have sidewalks
constructed based on the Town's Master Plan that they were working on. He indicated his willingness to
respond to any questions from the Council.
Parks and Recreation Director Mark Mayer addressed the Council and said he would review park development
that was contemplated to occur within the existing budget. He said staff had contemplated two additional picnic
ramadas at Fountain Park and noted that they planned to put in benches as opposed to picnic tables. He pointed
out that they could be used for both purposes. He said this would help provide some badly needed shade in that
area. He discussed the request that was received from the two Veteran's groups for funds to help with the
construction of a veteran's memorial. He explained that they had asked the Town to help them reimburse
monies they borrowed from their organizations to complete the monument. He added that they were also
contemplating some additional improvements to Desert Vista Park, including upgrades to the off-leash
recreational area. He noted that under a separate budget item, they were looking at(in partnership with ADOT)
lights at that location. He said that in preparation for the next phase they were looking at some additional work
in the park that would include sidewalks circling the park and more permanent parking. He stated that under the
development fees for open space, they were continuing with the design of the grading plan that would be
completed this year and next year staff anticipated the final design phases that would need to be completed prior
to construction (would include design in detail for construction of both the picnic ramada, the restroom and any
other site amenity).
Mr. Mayer discussed the Eagles Nest project and noted that it was a joint facility with a sales center for MCO
and public restrooms, which in turn would provide parking lot access through the subdivision to the McDowell
Mountain Preserve. He stated that additional funds were needed to complete the restroom facility and added
that, in accordance with the pending agreement, the Town was responsible for items such as an informational
kiosk, trash receptacles, etc. He added that these were funds that were previously approved and staff was
requesting that they be allowed to carry over specific to the skate park. He noted that staff was in the process of
seeking a design firm and proposals should be received next week for the actual design phase. He said that
rather than bidding the project,they would go through Construction Manager at Risk Proposal.
Ms. Ghetti addressed the Council relative to the pre-approved Civic Center Phase II of Town Hall, the structure
completion, pavement of the parking lot and shaded parking. She noted that by the May 17th Work Study
Session, the Council would receive an updated five-year financial plan and capital improvement plan. She
explained that this was just a summary of the amount of dollars that would be in there and the details would be
in the plan provided for the Work Study. She referred to a chart that depicted a schedule of the Town's debt
service and reported that the total amount of debt outstanding was $29.5 million. She highlighted a summary of
the annual debt payments that would be made in the next fiscal year and noted that under the Community
Center, a $387,000 debt payment would be made out of the General Fund (the first one). She noted that
previously the payment was made with residual funds from the trustee when the bonds were sold and this was
the first time that the full payment would come out of the General Fund and be transferred over into the debt
service.
Ms. Ghetti summarized her presentation by stating that the Council's goals framed the proposed budget and the
General Fund was balanced with revenues exceeding expenditures by $163,000. She added that there was $4.1
million in proposed capital funding for the next fiscal year. She expressed appreciation to the Council, the
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Commissions, the volunteers, all of the Department Directors and staff for their assistance in developing this
comprehensive packag She said that staff would like to have the 05-06 budget tentatively adopted at $26.6
million and explained that this would set the maximum amount of the budget, which could then be published in
the newspaper for the next two weeks, and at the budget Work Study Session on May 17th, Council could *I)
discuss the budget in more depth. She added that expenditures could be reduced, moved around, and changed
around but they could not exceed the $26.6 million. She reported that the final public hearing/adoption would
take place on June 2, 2005.
Ms. Ghetti indicated her willingness to respond to questions from the Council.
Mayor Nichols thanked Ms. Ghetti and staff for their presentations.
Councilman McMahan MOVED and Councilman Archambault SECONDED a motion to approve the
Tentative Fiscal Year 2005-2006 budget maximum amount of$26.6 million with direction to staff to publish the
budget.
Councilman Kavanagh clarified that this was an administrative task and the Council was simply setting the
maximum so staff could continue with the budget process. He noted that they could trim in certain areas if they
felt it was appropriate. Mr. Pickering reminded the Council that was correct but they could not increase the
budget amount.
There were no citizens wishing to speak on this item.
Councilman McMahan commended the Town Manager and staff for their outstanding presentation of a complex
subject and making it understandable. ,41)
The motion CARRIED UNANIMOUSLY(7 to 0).
AGENDA ITEM #10— COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY
PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS
FOR FUTURE MEETINGS.
There were no items to discuss.
AGENDA ITEM#11 —DISCUSSION/DIRECTION TO THE TOWN MANAGER.
Items listed below are related only to the propriety of(i) placing such items on a future agenda for action or(ii)
directing staff to conduct further research and report back to the Council:
A. Requested by Vice Mayor Nicola - Placing the item of prioritizing and scheduling joint
meetings with the Commissions in the fall on a future agenda for action.
Mr. Pickering said that staff would be happy to do whatever the Council desired regarding this issue. He added
that they just needed to know when, where, and in what setting the Council would like the meetings to occur.
Mayor Nichols commented that he needed to find out from the Council whether they would like to meet with
Planning & Zoning and other committees/commissions at least once a year so they could understand what their
issues and goals were. Council Kavanagh commented that the Board of Adjustment would be the exception.
It was the consensus of the Council that this take place and the Mayor said that this should occur before the end
of 2005. He asked staff to put together a schedule of when it would be convenient for everyone to meet and
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noted that the meetings should take place when the committees/commissions had plans in place in order to
enhance the effectiveness of the meetings.
AGENDA ITEM#12—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER.
Mr. Pickering said that he would follow up on the Vice Mayor's request. Mr. McGuire stated that staff would
likely contact all of the different committees/commissions to try to put together a schedule and see if the
priorities matched what the Council wanted. He said that staff would then present a schedule to the Council for
their review and consideration.
Mr. Pickering stated that staff would pursue the Vice Mayor's request and initiate the text amendment as
previously discussed. He confirmed that it would be "in addition to" and not "in place of'.
AGENDA ITEM#13—ADJOURNMENT.
Vice Mayor Nicola MOVED that the Council adjourn and Councilman McMahan SECONDED the motion,
which CARRIED UNANIMOUSLY. The meeting adjourned at 8:20 p.m.
TOWN OF FOUNTAIN HILLS
•
By
Wa ly Nic ols, ayo
' ATTEST AND
PRE?ARED BY:
Bevelyn J. Bender,Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held
by the Town Council of Fountain Hills on the 5th day of May 2005. I further certify that the meeting was duly
called and that a quorum was present.
DATED this 2nd day of June 2005.
Bevelyn J. $ender,Town Clerk
L
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