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HomeMy WebLinkAbout2006.1221.TCREM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL December 21, 2006 CALL TO ORDER: Mayor Nichols called the meeting to order at 5:30 p.m. ROLL CALL: Present for the roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Vice Mayor Kehe, Councilmember Leger, Councilmember Schlum, Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Town Clerk Bev Bender, Public Works Director Tom Ward and outside legal counsel Chris Kapp and Mary Harris were also present. Councilmember McMahan was not present at the meeting. AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38- 431.03.A4, FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION. SPECIFICALLY, A TAXPAYER REFUND. Councilmember Schlum MOVED to convene the Executive Session and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY by those present. Councilmember Schlum MOVED to recess the Executive Session at 6:27 p.m. and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY by those present. AGENDA ITEM #2 — RETURN TO REGULAR SESSION * CALL TO ORDER AND PLEGE OF ALLEGIANCE Mayor Nichols called the meeting to order at 6:30 p.m. * INVOCATION Ms. Susan Ducot from the Baha'i Faith House. * ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Vice Mayor Kehe, Councilmembers Leger, Schlum, Archambault and Dickey. Town Attorney Andrew McGuire, Town Manager Tim Pickering, and Town Clerk Bev Bender were also present. Councilmember McMahan was absent from the meeting. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Presentation of the Fiscal Year 2005-2006 Comprehensive Annual Financial Report by Dennis Osuch, Partner, from the auditing firm of Cronstrom, Osuch & Company, P.C. ZACouncil Packets\2007\R I -04-07\12-12-06 Executive and Work -Study minutes.doc Page I of 14 Town Manager Tim Pickering advised that every year the Town undergoes an audit conducted by an outside auditing firm and said that representatives of that firm were present this evening to present the Council with an overview of their findings. Finance Director Julie Ghetti addressed the Council and stated that incorporated cities and towns in Arizona are required by law to have audits conducted of the Town's financial records on an annual basis by an independent Certified Public Accounting (CPA) firm. The completed audit is filed with the State's Attorney General's Office as well as all of the bond rating and financial firms. The report will also be submitted to the Government Finance Officers' Association (GFOA) for consideration in their Certificate of Award for Financial Reporting. The Town hired the firm of Cronstrom, Osuch & Company, P.C., (CPA's), to conduct the audit. A representative of the firm, Mr. Smitherman will present the results of the audit to the Council. Ms. Ghetti indicated her willingness to respond to questions from the Council following the presentation. Mr. Smitherman briefly outlined portions of the Comprehensive Financial Report for the Town of Fountain Hills and explained that the report was basically broken down into three sections: an introductory section (providing a brief overview and introducing the readers to the Town by having a letter of transmittal), an organizational chart and a listing of elected and principal officials as well as the aforementioned GFOA Certificate of Excellence in Financial Reporting; a financial section (including the independent auditor's report) and for 2005-06 the firm provided an unqualified opinion on the financial report, a "clean report". They did not qualify it in any manner. It also contained management's discussion and analysis that compared this year's activity to the prior year financial activity and provided an analysis of changes. It also contained the basic financial statements and the notes to the financial statements and more detailed data as well as a statistical section (providing demographic and economic data on a multi -year basis so that readers could review the economic trends of the Town). Mr. Smitherman noted that during the 2005-06 period, the new Town Hall facility was completed; a transfer was made from the General Fund to the Town's Capital Projects fund in excess of $7 million (a two-year transfer; some of it was approved in 2004-05 and some in 2005-06); at the end of the Fiscal Year, the Town had total net assets of approximately $42.3 million, of which $9 million was unrestricted (to be used to assist the Town in meeting its obligations to its citizens and creditors). There were no questions from the members of the Council and the Mayor stated that they were very happy with the results. He added that the Town has a sound financial basis upon which to move forward and thanked Ms. Ghetti and Mr. Smitherman for the presentation. He also thanked Ms. Ghetti for the hard work she and her staff put into this important process. CALL TO THE PUBLIC None. CONSENT AGENDA AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM DECEMBER 7, 2006. AGENDA ITEM #2 — CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION FOR YOUNG M. KANG (KATANA SUSHI & GRILL), LOCATED AT 16425 EAST PALISADES BOULEVARD, #103, FOUNTAIN HILLS, AZ. THIS REQUEST IS FOR A SERIES #12 LICENSE. AGENDA ITEM #3 — CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION FOR LORI DALE SCOTT (MASHTAH'S L.L.C./MONTRA CAFE) LOCATED AT 16726 EAST EL LAGO BOULEVARD, FOUNTAIN HILLS, AZ. THIS REQUEST IS FOR A SERIES #12 LICENSE. AGENDA ITEM #4 — CONSIDERATION OF APPROVING THE PRELIMINARY AND FINAL PLAT FOR CASTIGLIA-KEARNS DUPLEX II CONDOMINIUMS A TWO -UNIT CONDOMINIUM ZACouncil Packets\2007\it1-04-07\12-12-06 Executive and Work -Study minutes.doc Page 2 of 14 PROJECT LOCATED AT 12028 N. CHAMA DRIVE, AKA FINAL PLAT 206, BLOCK 8, LOT 12. CASE #S2006-26. AGENDA ITEM # 5 —CONSIDERATION OF APPROVING THE PRELIMINARY AND FINAL PLAT FOR AN 11-UNIT COMMERCIAL CONDOMINIUM PLAT ENTITLED, "FINAL PLAT, SONORAN HILLS OFFICE CONDOMINIUMS," LOCATED AT 13215 N. VERDE RIVER DRIVE, AKA PLAT 208B. BLOCK 1, LOT 1. CASE #S2006-28. AGENDA ITEM #6 —CONSIDERATION OF REAFFIRMING THE APPROVAL OF A PRELIMINARY AND FINAL PLAT FOR THE "SAGUARO SUITES CONDOMINIUMS," AN EIGHT -UNIT CONDOMINIUM PROJECT AND LOT JOIN, LOCATED AT 11652 SAGUARO BOULEVARD, AKA PLAT 201, BLOCK 5, LOTS 2 AND 3. CASE #S2005-19. AGENDA ITEM #7 — CONSIDERATION OF APPROVING THE PRELIMINARY AND FINAL PLAT FOR SANDMAN TWO A TWO -UNIT CONDOMINIUM COMPLEX LOCATED AT 14463 N. IBSEN DRIVE, AKA PLAT 104, BLOCK 14, LOT 10. CASE #S2006-27. AGENDA ITEM #8 — CONSIDERATION OF APPROVING RESOLUTION 2006-58, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR IMPROVEMENTS TO MCDOWELL MOUNTAIN ROAD FROM SOUTH OF THE FOUNTAIN HILLS MIDDLE SCHOOL TO FOREST ROAD. Councilmember Archambault MOVED to approve the Consent Agenda as listed and Councilmember Leger SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Kehe Aye Councilmember Schlum Aye Councilmember Leger Aye Councilmember Dickey Aye Mayor Nichols Aye Councilmember McMahan Absent Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY by those present. ACTION AGENDA AGENDA ITEM #9 — CONSIDERATION OF APPOINTING THREE RESIDENTS TO EACH SERVE TWO-YEAR TERMS ON THE BOARD OF ADJUSTMENT. Mayor Nichols MOVED to approve the appointment of the following individuals to two-year terms on the Board of Adjustment: John Kovac III, Richard Gohl and Samuel Nicholson. Councilmember Leger SECONDED the motion. There were no citizens wishing to speak on this item and the motion CARRIED UNANIMOUSLY by those present. AGENDA ITEM #10 — CONSIDERATION OF APPOINTING ONE RESIDENT TO FILL ONE OF THE FOUR OPENINGS ON THE PARKS AND RECREATION COMMISSION FOR A TWO-YEAR ( TERM. Mayor Nichols MOVED to approve the appointment of Naomi Bryant to fill one of the four vacancies on the Parks and Recreation Commission for a two-year term and Councilmember Leger SECONDED the motion. ZACouncil Packets\2007\R1-04-07\12-12-06 Executive and Work -Study minutes.doc Page 3 of 14 There were no citizens wishing to speak on this item and the motion CARRIED UNANIMOUSLY by those present. AGENDA ITEM #11 — CONSIDERATION OF APPOINTING FOUR RESIDENTS TO EACH SERVE A TWO-YEAR TERM ON THE COMMUNITY CENTER ADVISORY COMMISSION. Mayor Nichols MOVED to approve the appointment of Alice Brovan, Dan Foster, Jerry Gorrell and Leona Johnston to serve on the Community Center Advisory Commission for two-year terms and Councilmember Schlum SECONDED the motion. There were no citizens wishing to speak on this item and the motion CARRIED UNANIMOUSLY by those present. AGENDA ITEM #12 — CONSIDERATION OF APPOINTING ONE RESIDENT TO FILL THE YOUTH OPENING ON THE STRATEGIC PLANNING ADVISORY COMMISSION. Mayor Nichols MOVED to appoint Martess Green to fill the Youth opening on the Strategic Advisory Planning Commission and Councilmember Schlum SECONDED the motion. There were no citizens wishing to speak on this item and the motion CARRIED UNANIMOUSLY by those present. AGENDA ITEM #13 — CONSIDERATION OF APPOINTING FIVE RESIDENTS TO EACH SERVE A TWO-YEAR TERM ON THE PUBLIC SAFETY ADVISORY COMMISSION. Mayor Nichols MOVED to approve the appointment of Larry Moyse, George Aliory, Rodney Covey, Kathy Krogstad and Joseph Mullen to the Public Safety Advisory Commission for two-year terms and Councilmember Archambault SECONDED the motion. Thee were no citizens wishing to speak on this item and the motion CARRIED UNANIMOUSLY by those present. ACTION AGENDA AGENDA ITEM #14 — CONSIDERATION OF APPROVING DRAFT REOUESTS FOR OUALIFICATIONS TO (1) PROMOTE TOURISM: (2) PROMOTE YOUTH ARTS: (3) PROVIDE YOUTH SERVICES; AND (4) PROVIDE SOCIAL SERVICES. Councilmember Dickey recused herself from the discussion of the agenda item due to a conflict of interest. Town Attorney Andrew McGuire informed the Council and he and Councilmember Dickey discussed this matter earlier and stated the opinion that she did have a statutory conflict of interest and therefore her vote would not be included in the vote taken on this item. Town Manager Tim Pickering advised that the Council discussed this matter at a Workshop in August and added that many other discussions had occurred in the past. He said that they were trying to determine how to handle services for the Town. Four different types of services (listed above) existed that in the past a number of non-profit organizations in Fountain Hills had come forward and offered to provide. At the August Workshop, a lengthy discussion took place relative to the method they would go through and three different choices were identified — stay exactly how they were and allow non -profits to submit a letter that would be reviewed and then funding would be provided through the budget; form a committee to review the letters of interest and make recommendations to the Council, or provide a Request for Qualifications (RFQ) and lay out exactly the services that were needed and then contract with the entities that provided a qualified RFQ. ZACouncil Packets\2007\R1-04-07\12-12-06 Executive and Work -Study minutes.doc Page 4 of 14 Mr. Pickering said that one thing staff was recommending this evening was to proceed with the RFQ process and added that they combined a little bit of the second option with the last option. Included in the RFQ process was to get a group of citizens together to help review the RFQs and provide recommendations to the Council. At the Workshop, the Council requested that staff bring back the proposed RFQs for review prior to going out because this was a new process. The process would entail public advertisement for the various entities, vendors, non -profits or firms to submit a proposal for the services that staff had outlined. There were several different scopes of services. Once they were received, the committee would review them and provide recommendations to the Council. This would occur most likely in April so that staff would know how much money needed to be included in the budget. The contract would also be longer term. In the past, the Town had gone through this process every single year and this had been troublesome because staff did not know what to include in the budget for the upcoming years. It had also been troublesome for the non -profits, because they did not receive assurance that their programs would be funded. Staff was proposing a three-year contract with the various providers following the review, recommendation, and approval process. Mr. Pickering commented that the Council's discussion this evening should center not only on the process but also on the scope of services that staff had laid out. He said that staff would like input from the Council on the proposed scope of services and receive direction as to whether additional services were desired by the Council. He requested approval to move forward with the process. Councilmember Leger MOVED to approve the Request for Qualifications as proposed by staff and Councilmember Archambault SECONDED the motion. Councilmember Archambault said he liked the fact that the evaluation did not hinge solely on costs and asked whether the Town had an "out" if a three-year contract is in place and it was determined that a shortfall could occur in the third year. Mr. McGuire responded that multi -year contracts must contain a provision that related to annual appropriations and said that there was always the risk that an appropriation might not occur. He added that they also typically add into the contracts "termination for convenience of the Town" that could be for a 30 or 60 day period, depending upon the contract. He stated that there were a couple of different mechanisms in place that provided sufficient protection for the Town. Councilmember Schlum discussed the Professional Services Agreement and said that if the Town worked with smaller organizations he wondered if there were any concerns that some of the obligations might be somewhat onerous or whether the Agreement was fairly acceptable across the board. Mr. McGuire replied that the insurance provisions rarely change in form but added that the Town does modify the amount of insurance based on the type of service being provided. The Town requires a $2 million unencumbered insurance amount, which means that $2 million must be available within a policy. He added that the amount might be considered "overkill" for some of.the services that the Town was requesting and said that they could be flexible on the amount but not on the types and styles of services. Vice Mayor Kehe commented that he reviewed the minutes of the August Workshop and quoted the Mayor's observation that "after discussion, the Council was split on whether contracts for services was the appropriate way to go." He said that he would like some additional discussion to occur and expressed concern regarding the issuance of three-year contracts. At the Workshop, they had talked about one-year contracts. It was his understanding at the end of that meeting that staff was directed to bring forward at a future meeting an example of how contracts for services would work. He expressed the opinion that the current proposal was much more ambitious than what was previously discussed and said he was not sure that this was the direction in which the Council wanted to proceed. He noted that they had had discussions over time as to whether or not the Town's Tourism Bureau should be included in the same category as the other "awardees" and he said that following those discussions, he believed they could define tourism in a different manner because it had a different type of link to Town government and was expected to provide services that would improve business and thus, in the ZACouncil Packets\2007\it1-04-07\12-12-06 Executive and Work -Study minutes.doc Page 5 of 14 final analysis, improve the bottom line for Council relative to sales tax. In essence, that position was taken with the idea of making the Tourism Bureau a line item budget and that issue should be discussed. Vice Mayor Kehe expressed concern that the categories were limited. For example, when they talk about youth services, no one had said whether they meant one program would be given an award or there were opportunities for other programs as well. He questioned whether if they approved the Boys and Girls Club, that meant that a smaller group, such as Fountain Hill's Soccer, would be left out or whether there would be an opportunity for more than one award in each category. He said that the answer would influence his thinking and the same point could be made in each of the categories. He stated that he was not totally comfortable with contracting for services and stated the opinion that it perpetuated in a sense some of the situations that had bothered him in the past where the playing field was not totally level. Councilmember Archambault agreed that the Council needed to separate tourism but added that that did not necessarily stop it from being part of the RFQ process. He added that it could be separated out in the budget and that would encourage grouping the other three into a different setting because they were totally different from each other in the budget. They should be put under a different heading so they could see that the services provided to the citizens of the Town were in fact adding to their quality of life. He questioned whether the contracts could be split (one group to provide a service that Youth Services desires and another group that could not provide that particular service but could provide a different service. They might not meet all of the qualifications individually, but as a group they could provide what was needed). Mr. Pickering responded that the suggestion might represent a possibility if it was determined that the services they desired could be better provided by multiple organizations. He added that typically when the Town goes out for proposals, they hire one firm but that assumes that the firm can provide all of the services requested. He said that if there were different services that the Council would like staff to request, they could certainly do so but staff put together the ones they heard were desirous in the past. Councilmember Archambault noted that the proposal did not "tie the Council down" to providing just certain types of services. If they discovered that there was something else out there that they determine the citizens needed and wanted they could go out with another RFQ. Mr. Pickering concurred. The Vice Mayor stated that if they built the contracts for services in such a way that they restricted applicants it would result in a non -level playing field. He added that his concerns had nothing to do with the merits of the recipients, merely the importance of ensuring a level playing field. Councilmember Archambault expressed the opinion that any time they developed contracts they had to be specific in outlining the Council's anticipated results. He stated that what he was seeing represented items that everyone said they wanted to provide the citizens but that did not preclude them from recognizing and awarding funding to other organizations that could provide needed services to the citizens. He emphasized that they would not be restricted in their scope as to what they wanted to provide to the citizens. They had given direction to staff through past grants and conversations that these were the services they wanted to provide. He said that he was suggesting that two groups get together and bid on one RFQ in order to provide all of the desired services. Councilmember Leger advised that he shared the Vice Mayor's concerns but added that this was really a "tough nut to crack" and there were pros and cons to any model they went with. During the Work Session, he was "on board" with the RFQ process with citizen involvement, a blended approach. He said that what he liked about the process was that it put them in a situation, both staff and Council, where they could step back and determine the needs of the Town. He stated the opinion that the proposed process defined the scope of what the Council considered the real needs and added that it was competitive and provided for accountability. He commented that if the Council had "missed the boat," they could go back to develop additional RFQs. He said that he supported what was being proposed but asked whether it would be possible to look at one year contracts rather than three since they were just "coming out of the gate" on the issue. He added that he would like to get a feel for how the process was working before he committed to a longer period of time. ZACouncil Packets\2007\R1-04-07\12-12-06 Executive and Work -Study minutes.doc Page 6 of 14 In response to a request for clarification from Vice Mayor Kehe relative to whether monies would be placed in the budget in case the Council identified additional needs that must be funded, Mr. Pickering responded that the budget had not yet been prepared. He stated that staff had not contemplated putting extra money into the budget to go back out but if that was the desire of the Council he would hope that they would discuss this issue at the Council's Retreat and provide direction to staff regarding doing so at that time. The Vice Mayor asked why they would have to wait until the Retreat and whether such action could be incorporated into the current motion on the floor. Mr. Pickering stated that the motion did not involve allocating monies for the 2007-08 budget; it was about approving RFQs. Mr. McGuire stated that in order to render an opinion, he would need to know more about the intent of an amendment. Vice Mayor Kehe noted that Councilmember Archambault made the point that another organization could come forward to provide a service or a fraction of a service (submit an RFQ) and that a second organization would then have the opportunity to supplement the service (a supplemental RFQ). He stated that if this was a possibility, he would like to know why they couldn't amend the motion this evening to that effect. He said that the motion was to approve draft Requests for Qualifications to promote tourism, youth arts, youth services and provide social services. He said he did not know how to phrase the amendment but he would like to follow up on Councilmember Archambault's suggestion. Mr. McGuire stated the opinion that adding another delineated category to the list posted on the agenda would probably not be appropriate. He added that if another category is identified, whether it be a component portion of the existing four or a new service, it could always go out on an RFQ. Vice Mayor Kehe said that he was not looking to add another item, he was thinking about something that would be contained in one of the four categories. He questioned whether having four categories would reduce the opportunity for other than one provider to be selected. Mr. McGuire advised that the key consideration was that the RFQs had not been issued and no responses had been received. If after the responses were received, the Council determined that for a particular RFQ they wanted to issue more than one contract, that was wide open at this time. This was just to identify the types of services that the Town was currently receiving from non -profits that they wished to solicit. Vice Mayor Kehe thanked Mr. McGuire for the clarification. In response to a question from Councilmember Leger, Mr. Pickering stated that although the word "draft" was used on the agenda item, staff had basically completed all of the necessary work on the RFQs and they were ready to go out. Councilmember Leger reiterated his preference for issuing one year rather than three-year contracts and stated the opinion that this was "new territory" and it would create opportunities to reflect on this issue a year from when it was enacted. Mayor Nichols commented that he liked the RFQs and the manner in which the scopes of services were presented. He said that they provided for accountability. He added that as far as the contract length, he would like to see the Council "throw the net out broadly" so people could outline what their three-year plans would contain. He noted that this all had to come back before the Council for final approval so there would be opportunities, if required, to amend contract terms if deemed necessary and appropriate. Discussion ensued relative to the fact that the three-year term would assist the applicants in putting together their programs; the fact that if the Council was not satisfied with the services provided at the end of one year, they could terminate the agreement with the provider with a 30 or 60 day notice; the fact that quarterly reports would be submitted by every provider; the fact that when the scope of services changed, the contracts would change; the fact that subcontracting was generally allowed but they must be completely under the original contractor who was responsible to the Town; assignments were not allowed without the Town's consent; opportunities for collaboration among smaller groups; cost estimates and the fact that if the RFQs came back Z:\Council Packets\2007\R1-04-07\12-12-06 Executive and Work -Study minutes.doc Page 7 of 14 and the Town had included proposal prices that were too much for the services being provided, that would have to be controlled by cutting down on the services and possibly re -bidding, and the fact that the Town was asking the vendors to submit prices (in the past the Town told them the prices and they were instructed to stay within the amounts). Mr. Pickering stated that it would be interesting to see what would come back in the RFQs. If they had asked for too much they might have to consider reducing the scope of services. Mayor Nichols pointed out that the Council was not giving up any authority at this point in time. They were just going to receive more information and have more accountability in place. He said that he supported the proposal. There were no citizens wishing to speak on this item. The Mayor called for the vote. The motion CARRIED UNANIMOUSLY by those present and voting (5-0, with Councilmember Dickey abstaining). Mayor Nichols thanked staff for their hard work in this area and said that he hoped that the program was successful. AGENDA ITEM #15 — PUBLIC HEARING REGARDING ORDINANCE 06-25 AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE BY CREATING A NEW CHAPTER 20 SAGUARO CACTUS PRESERVATION. THE NEW CHAPTER WILL PROVIDE REGULATIONS TO PRESERVE AND PROTECT THE HEALTHY SAGUARO CACTI IN THE TOWN. CASE #Z2006-10. Mayor Nichols declared the public hearing open at 7:20 p.m. Planning and Zoning Administrator Richard Turner provided the Council with a brief overview of this agenda item. He stated that the proposal would add a new chapter to the Zoning Ordinance, Chapter 20, to preserve and protect healthy saguaro cacti within the Town. The new chapter provides for a permit system that includes the submittal of a saguaro cactus program at the time of development. The program consists of an inventory of saguaro cactus, relocation methodology and location of the temporary nursery. The Ordinance includes extensive enforcement provisions. This type of regulation was suggested by Vice Mayor Kehe at a previous Council meeting earlier this year and reviewed at a Work Study Session in September. On November 30`h, the Planning and Zoning Commission recommended approval of this amendment to the Zoning Ordinance. Mr. Turner advised that the Town has regulations in the Ordinance that promote native plant preservation and protection but none that offer the comprehensive protection that is envisioned by the Council. State Statutes offer virtually no protection to saguaro cactus on private property. Private property owners could destroy a saguaro cactus after giving notice of the intended destruction to the State Department of Agriculture. The purpose of the notice appears to be to provide salvage operators an opportunity to contact property owners and arrange for the removal of the cactus. A property owner wishing to relocate or sell saguaro cactus from his property would have to contact the State and get the necessary permits. Many jurisdictions in the State have native plant protection ordinances in place and many have used Scottsdale's regulations as a model. Mr. Turner explained that the proposed ordinance would come into play at the time a building permit was applied for. A builder or property owner would submit a saguaro cactus program as part of a saguaro cactus permit application (would show inventory, a general description of each, information regarding which cacti would be preserved and remain in place and which would be relocated on site, the location of the temporary cactus nursery, etc.) Z:\Council Packets\2007\it1-04-07\12-12-06 Executive and Work -Study minutes.doc Page 8 of 14 Discussion ensued relative to the proposed colored tagging process; the fact that anyone wishing to remove or relocate a saguaro cactus outside of the building permit process would also be required to obtain a saguaro cactus permit, and the fact that staff believed that the proposed ordinance would preserve and protect saguaro cactus in the Town and requested Council approval. There were no citizens wishing to speak and the Mayor declared the public hearing closed at 7:22 p.m. AGENDA ITEM #16 — CONSIDERATION OF ORDINANCE 06-25, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE BY CREATING A NEW CHAPTER 20, SAGUARO CACTUS PRESERVATION. THE NEW CHAPTER WILL PROVIDE REGULATIONS TO PRESERVE AND PROTECT THE HEALTHY SAGUARO CACTI IN THE TOWN. CASE #Z2006-10. Vice Mayor Kehe MOVED to approve Ordinance 06-25 and Councilmember Dickey SECONDED the motion. Councilmember Archambault asked staff to clarify what would happen should a saguaro cactus on private property be blown over by natural causes or from disease. Mr. Turner advised that staff should be able to determine whether the cactus was diseased or had fallen over because of a recent storm and under circumstances such as those, owners would not be required to obtain a permit in order to dispose of the cactus. Staff would work with owners on a case -by -case -basis. He advised that the ordinance would apply to all healthy cactus as well as cactus on existing older properties. Mayor Nichols noted that residents who wanted to remodel their homes or add on to them would be required to go through the permitting process and indicate whether there were any saguaros they wished to move. In response to a question from Councilmember Leger, Mr. McGuire advised that ordinances typically became effective 30 days after passage unless otherwise stated and in this case the ordinance states an effective date of December 3 1 " but the date could be revised to January 1St if the Council so desired. Additional discussion ensued relative to the effective date of the proposed ordinance and it was decided that the effective date would be December 21, 2006. There were no citizens wishing to speak on this item. The motion CARRIED UNANIMOUSLY by those present. AGENDA ITEM #17 — CONSIDERATION OF RESOLUTION 2006-61, AMENDING THE FEE SCHEDULE FOR PLANNING BUILDING AND ENGINEERING FEES FOR THE TOWN TO INCLUDE FEES RELATING TO THE SAGUARO CACTUS PRESERVATION REGULATIONS. Mr. Turner addressed the Council and stated that this agenda item related to the Zoning Ordinance that was just approved. It updates the fee schedule to provide for a $90.00 fee for a saguaro cactus permit. There were no additional staff resources necessary for implementation and the fee would compensate the Town for associated expenses (plan review and inspections). Staff recommended approval of the Resolution. Councilmember Leger MOVED to approve Resolution 2006-61 and Vice Mayor Kehe SECONDED the motion. There were no citizens wishing to speak on this item. The motion CARRIED UNANIMOUSLY by those present. AGENDA ITEM #18 — PUBLIC HEARING REGARDING ORDINANCE 06-33, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE CHAPTER 12, COMMERCIAL ZONING DISTRICTS, SECTION 12.02, PERMITTED USES AND SECTION 12.04, USES SUBJECT TO SPECIAL USE PERMITS IN C-C AND C-1 ZONING DISTRICTS ONLY, RELATING TO Z:\Council Packets\2007\R1-04-07\12-12-06 Executive and Work -Study minutes.doc Page 9 of 14 ALCOHOLIC BEVERGES. THE AMENDMENT WILL REMOVE THE LIMITATION ON ALCOHOL BEVERAGE SALES FOR DELICATESSENS AND RESTAURANTS IN COMMERCIAL ZONING DISTRICTS AND REMOVE THE REQUIREMENTS TO OBTAIN A SPECIAL USE PERMIT TO SELL AND DISPENSE ALCOHOLIC BEVERAGES IN C-C AND C-1 ZONING DISTRICTS. CASE #Z2006-07. Mayor Nichols declared the following four public hearings open at 7:32 p.m. Mr. Turner informed the Council that the next four Ordinance amendments were consistent with the Town's Strategic Plan and would eliminate the requirement for certain special use permits. One of the strategic priorities of the Strategic Plan was to strictly enforce the General Plan and Zoning Ordinance and a key measure identified by the Council and management staff to implement the strategic priority was to eliminate the use of special use permits in lieu of variances for height and other categories of exceptions. On October 10`h, the Council held a Work Study Session to review possible ordinance amendments that would eliminate special use permits and waivers. The Council directed staff to proceed with changes relating to the special use permits and a change to swimming pool setbacks in R1-10 zoning. Council decided to retain their authority to waive certain provisions of the Zoning Ordinance. Other suggested amendments proposed by staff relate to the sale of alcoholic beverages, shared parking agreements, and the fee for over disturbance. On November 30`h, the Planning and Zoning Commission recommended approval of the ordinance amendments. Mr. Turner advised that Ordinance 06-33 would remove the prohibition against alcoholic beverages at restaurants and delicatessens in commercial zoning districts. Staff was also proposing to eliminate the requirement to obtain a special use permit for the sale and dispensing of alcohol in C-C and C-1 Zoning. The sale of alcohol was a function of the liquor license process, which currently provided the public an opportunity to comment at a public hearing held before the Council. Zoning regulations in this area were redundant and staff recommended approval of that change. Mr. Turner further stated that Ordinance 06-34 would eliminate the special allowance granted to R1-10 zoned lots with regard to swimming pool setbacks. It would appear appropriate to require all properties regardless of zoning to apply to the Board of Adjustment for a variance if a setback modification was needed. Staff recommended approval of the ordinance. Mr. Turner discussed Ordinance 06-35 and explained that it included several changes. The first change would be to Chapter 4 and would remove the special use for an extension of a non -conforming use. Staff would work with applicants to bring additions/extensions into compliance with the current Ordinance. The second change pertained to solar units. Existing regulations allow for a special use permit to be obtained for variances from the Town's standards. This did not appear to be necessary or appropriate. The next change was to eliminate the special use that allowed exceptions to a plan or development related to grading. If site work was not being done in conjunction with an approved plan of development, then an addendum should be filed. Staff encourages developers to update their plans rather than to ask for relief from conformance with their plan. The special use option to allow more than three outdoor vending machines was recommended for removal, as was the special use appeal for guesthouse standards. Currently, there was also a provision for a special use for a shared parking agreement but such an agreement was not a use per say, it was a type of contract and staff was recommending that this special use be eliminated. Staff recommended approval. Mr. Turner said that Ordinance 06-28 was a modification to Chapter 5 of the Zoning Ordinance. The change would allow the fee that was charged for disturbance of a non -disturbance area to be adjusted with the annual Town budget and staff recommends approval. Mr. Turner stated that in conclusion the proposed Ordinance amendments were consistent with the strategic priorities from the Strategic Plan and would remove outdated and unnecessary provisions. Staff requested that the proposed changes to Chapters 4, 5 10, 12 and 18 of the Zoning Ordinance be approved. There were no citizens wishing to speak at any of the public hearings and the Mayor closed the public hearings at 7:36 p.m. ZACouncil Packets\2007\R1-04-07\12-12-06 Executive and Work -Study minutes.doc Page 10 of 14 AGENDA ITEM #19 — CONSIDERATION OF ORDINANCE 06-33, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE CHAPTER 12, COMMERCIAL ZONING DISTRICTS, SECTION 12.02, PERMITTED USES AND SECTION 12.04, USES SUBJECT TO SPECIAL USE PERMITS IN C-C AND C-1 ZONING DISTRICTS ONLY, RELATING TO ALCOHOLIC BEVERAGES. THE AMENDMENT WILL REMOVE THE LIMITATION ON ALCOHOL BEVERAGE SALES FOR DELICATESSENS AND RESTAURANTS IN COMMERCIAL ZONING DISTRICTS AND REMOVE THE REQUIREMENTS TO OBTAIN A SPECIAL USE PERMIT TO SELL AND DISPENSE ALCOHOLIC BEVERAGES IN C-C AND C-1 ZONING DISTRICTS. CASE#Z2006-07. Councilmember Leger MOVED to approve Ordinance 06-33 and Councilmember Schlum SECONDED the motion, which CARRIED UNANIMOUSLY by those present. AGENDA ITEM #20 — PUBLIC HEARING REGARDING ORDINANCE 06-34, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5, GENERAL PROVISIONS, SUBSECTION 5.06(F), SWIMMING POOLS, RELATING TO YARD, LOT AND AREA REQUIREMENTS. THE AMENDMENT WILL REMOVE THE SPECIAL SWIMMING POOL AND FENCE SETBACK ALLOWANCE GRANTED TO R1-10 ZONED LOTS DEVELOPED PRIOR TO 1993. CASE #Z2006-07. See discussion under Agenda Item #18. AGENDA ITEM #21 — CONSIDERATION OF ORDINANCE 06-34, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5, GENERAL PROVISIONS, SUBSECTION 5.06(F), SWIMMING POOLS, RELATING TO YARD, LOT AND AREA REQUIREMENTS. THE AMENDMENT WILL REMOVE THE SPECIAL SWIMMING POOL AND FENCE SETBACK ALLOWANCE GRANTED TO R1-1- ZONED LOTS DEVELOPED PRIOR TO 1993. CASE #Z2006- 07. Councilmember Archambault MOVED to approve Ordinance 06-34 and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY by those present. AGENDA ITEM #22 — PUBLIC HEARING REGARDING ORDINANCE 06-35, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 4, NONCONFORMING USES AND STRUCTURES, SUBSECTION 4.01(E), EXTENSIONS; CHAPTER 5, GENERAL PROVISION, SUBSECTION 5.06(I), SOLAR UNITS, SUBSECTION 5.11(G), PROCEDURAL REGULATIONS AND SUBSECTION 5.12(E), VENDING MACHINES; CHAPTER 10, SINGLE FAMILY ZONING DISTRICTS, SUBSECTION 10.02(A)(13), GUEST HOUSES; AND CHAPTER 18, TOWN CENTER COMMERCIAL ZONING DISTRICT, SUBSECTION 18.05, USES SUBJECT TO SPECIAL USE PERMITS. CASE #Z2006-07. See discussion under Agenda Item #18. AGENDA ITEM #23 — CONSIDERATION OF ORDINANCE 06-35, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 4, NONCONFORMING USES AND STRUCTURES, SUBSECTION 4.01(E), EXTENSIONS; CHAPTER 5, GENERAL PROVISION, SUBSECTION 5.06(I), SOLAR UNITS, SUBSECTION 5.11(G), PROCEDURAL REGULATIONS AND SUBSECTION 5.12(E), VENDING MACHINES; CHAPTER 10, SINGLE FAMILY ZONING DISTRICTS, SUBSECTION 10.02(A)(13), GUEST HOUSES; AND CHAPTER 18, TOWN CENTER COMMERCIAL ZONING DISTRICT, SUBSECTION 18.05, USES SUBJECT TO SPECIAL USE PERMITS. CASE #Z2006-07. Councilmember Archambault MOVED to approve Ordinance 06-35 and Councilmember Schlum SECONDED the motion, which CARRIED UNANIMOUSLY by those present. ZACouncil Packets\2007\RI-04-07\12-12-06 Executive and Work -Study minutes.doc Page 11 of 14 AGENDA ITEM #24 — PUBLIC HEARING REGARDING ORDINANCE 06-28, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5, GENERAL PROVISIONS, SUBSECTION 5.11(B)(12), DISTURBANCE BUFFERS, RELATING TO FEES FOR PERMISSIBLE DISTURBANCE. THE AMENDMENT WILL ALLOW THE FEE TO BE SET BY THE TOWN MANAGER OR HIS DESIGNEE. CASE #Z2006-07. See discussion under Agenda Item #18. AGENDA ITEM #25 — CONSIDERATION OF ORDINANCE 06-28, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5, GENERAL PROVISIONS, SUBSECTION 5.11(B)(12), DISTURBANCE BUFFERS, RELATING TO FEES FOR PERMISSIBLE DISTURBANCE. THE AMENDMENT WILL ALLOW THE FEE TO BE SET BY THE TOWN MANAGER OR HIS DESIGNEE. CASE #Z2006-07. Councilmember Leger MOVED to approve Ordinance 06-28 and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY by those present. AGENDA ITEM #26 — PUBLIC HEARING REGARDING ORDINANCE 06-22, AMENDING THE TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE, ARTICLE II, PLATTING PROCEDURES, RELATING TO CONDOMINIUM CONVERSION. CASE #Z2006-09 Mayor Nichols declared the public hearing open at 7:40 p.m. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and stated that the Town Council and the Planning and Zoning Commission held a joint meeting on October 12`h of this year and discussed condominium plat applications. It was pointed out that condo plats were always consent agenda items and were rarely discussed. In the instances where they were discussed, they were routinely approved without change. Specific points made about condominium conversions included the fact that they required a lot of staff time to prepare reports and the issue "clogs" Planning and Zoning and Council agendas and costs applicants extra time and money. Eliminating the hearing requirements would decrease the time for approval because they could be done administratively and this would increase customer satisfaction (faster and less expensive). There was consensus that the Town had little or no discretion when processing the applications and it was also pointed out that the applications really only represented changes in ownership rather than any physical changes to a property. Arizona Revised Statutes state that requiring additional procedures or applying special conditions that treat condominium plats differently was not allowed. Therefore, adopting this process for administrative staff review and approval was more consistent with State law. Staff was asked to research the ordinances and make recommendations relative to allowing administrative approval. This had been done and the proposed Ordinance reflected those recommendations. Staff requested approval of the Ordinance. The Planning and Zoning Commission initiated the Ordinance revision on October 26`h, held a public hearing on November 30`h and forwarded a recommendation for approval on to the Council. There were no citizens wishing to speak on this item and the Mayor declared the public hearing closed at 7:41 p.m. AGENDA ITEM #27 — CONSIDERATION OF ORDINANCE 06-22, AMENDING THE TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE, ARTICLE II, PLATTING PROCEDURES, RELATING TO CONDOMINIUM CONVERSION. CASE #Z2006-09. Councilmember Archambault MOVED to approve Ordinance 06-22 and Councilmember Schlum SECONDED the motion, which CARRIED UNANIMOUSLY by those present. AGENDA ITEM #28 — PUBLIC HEARING REGARDING ORDINANCE 06-29, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 1, INTRODUCTION, SECTION 1.12. DEFINITIONS, AND CHAPTER 5, GENERAL PROVISIONS, SECTION 5.06, YARD LOT AND Z:\Council Packets\2007\R 1-04-07\1 2-12-06 Executive and Work -Study minutes.doc Page 12 of 14 AREA REQUIREMENTS, RELATING TO PARKING SHADE STRUCTURES LOCATED ADJACENT TO AN ALLEY IN MULTI -FAMILY ZONING DISTRICTS. CASE #Z2006-12. Mayor Nichols declared the public hearing open at 7:41 p.m. Mr. Turner advised that approval of this Ordinance amendment would allow the remaining owners of vacant multi -family properties next to alleys to legally provide shade covers over the parking spaces in their rear yards. This would apply to a strip of land located along Saguaro Boulevard mainly between Lamplighter Way and Malta Drive. There were few vacant lots remaining there and this amendment would assist the property owners. Currently, many of the shade structures were non -conforming. Two amendments were being proposed, one would define what a shade cover was and the other would allow a shade cover in a rear yard subject to a 10-foot setback, which reflects the 10 foot landscape strip required elsewhere in the Ordinance. Staff and the Planning and Zoning Commission recommended approval. There were no citizens wishing to speak on this item and the Mayor declared the public hearing closed at 7:42 p.m. AGENDA ITEM #29 — CONSIDERATION OF ORDINANCE 06-29 AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 1, INTRODUCTION, SECTION 1.12, DEFINITIONS, AND CHAPTER 5, GENERAL PROVISIONS, SECTION 5.06, YARD LOT AND AREA REQUIREMENTS, RELATING TO PARKING SHADE STRUCTURES LOCATED ADJACENT TO AN ALLEY IN MULTI -FAMILY ZONING DISTRICTS. CASE #Z2006-12. Councilmember Schlum MOVED to approve Ordinance 06-29 and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY by those present. AGENDA ITEM #30 — 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: A. NONE AGENDA ITEM #31— SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER. None. AGENDA ITEM #32 — ADJOURNMENT Mayor Nichols wished everyone a Happy Holiday on behalf of the Council. Councilmember Schlum MOVED that the Council adjourn and Councilmember Dickey SECONDED the motion, which CARRIED UNANIMOUSLY. The meeting adjourned at 7:44 p.m. Z:\Council Packets\2007\R1-04-07\12-12-06 Executive and Work -Study minutes.doc Page 13 of 14 TOWN OF FOUNT. Wally PREPAREDATTEST AND / 1Orr :y luau 4161"JA I IM 1-4 1 " 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 21st day of December 2006. I further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of January 2007. Bevelyn J. Be er, wn Clerk CADocuments and Settings\BBender\Local Settings\Temporary Internet Files\OLK64\12-21-06 regular and executive session minutes.doePage 14 of 14