HomeMy WebLinkAbout2008.0207.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE
csor FOUNTAIN HILLS TOWN COUNCIL
February 7,2008
Vice Mayor Dickey called the meeting to order at 5:46 p.m.
AGENDA ITEM#1—ROLL CALLAND VOTE TO GO INTO EXECUTIVE SESSION.
ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council:
Councilmember Kehe, Councilmember Leger, Councilmember McMahan, Councilmember Schlum,
Councilmember Archambault and Vice Mayor Dickey. Town Attorney Andrew McGuire, Interim Town
Manager Kate Zanon,Mark Mayer and Town Clerk Bev Bender were also present.
Mayor Nichols was excused from the meeting.
VOTE TO GO INTO EXECUTIVE SESSION: (i) PURSUANT TO A.R.S. §38-431.03(A)(4), FOR
DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER
TO CONSIDER THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED
LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR
RESOLVE LITIGATION. (SPECIFICALLY,A LICENSE AGREEMENT WITH MCO.)
Councilmember Archambault MOVED to convene the Executive Session and Councilmember McMahan
SECONDED the motion,which CARRIED UNANIMOUSLY(7-0).
Councilmember Leger MOVED to adjourn the Executive Session at 6:25 p.m. and Councilmember McMahan
Lw SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0).
RETURN TO REGULAR SESSION
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Vice Mayor Dickey reconvened the Regular Session at 6:30 p.m.
• INVOCATION—Pastor Larry Finch,Four Peaks Community Church
• ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council:
Vice Mayor Dickey, Councilmember Kehe, Councilmember Leger, Councilmember McMahan,
Councilmember Schlum, Councilmember Archambault and Vice Mayor Dickey. Town Attorney
Andrew McGuire, Interim Town Manager Kate Zanon and Town Clerk Bev Bender were also present.
Mayor Nichols was excused from the meeting.
• MAYOR'S REPORT
(i) None.
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
1) Presentation of a check in the amount of$27,217 by Dick Schmidt to the Town of Fountain Hills
representing funds raised by the ADOG organization.
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Dick Schmidt addressed the Council and stated that volunteer groups in Town had done an excellent job
of collecting funds. The Town had a Skate Park because of their efforts, a Splash Park and a number of
things in the Dog Park. He challenged the current and future Councils to "take the money and run!" He
said it took a long time to get the lights going but now he would like to present the Council with a check
for $27,217 as part of the payment for the lights for the Dog Park and said he hoped that everyone
would enjoy them.
Vice Mayor Dickey thanked Mr. Schmidt and all of the volunteers for their hard work and generous
donation that would benefit the entire community.
2) Recognition of Bud Oshman for his service on the Board of Adjustment.
Vice Mayor Dickey said that the Council would now like to recognize Bud Oshman who served on the
Board of Adjustment from November 21, 1996 until January 31, 2008. She said that Mr. Oshman was a
very valuable member of the Board and the Council and Town staff wanted to thank him for service in
this capacity for six terms. The Vice Mayor said that Mr. Oshman was not present but they send him
the plaque in appreciation of his service.
3) Recognition of Mark McDermott for his service on the Community Center Advisory
Commission.
Vice Mayor Dickey announced that Mark McDermott had served on the Community Center Advisory
Commission from January 2006 to December 2007. She stated that the Council and staff appreciate Mr.
McDermott's dedication and service to this Board and the Community Center. The Vice Mayor
presented Mr. McDermott with a plaque commemorating his service to the Town.
4) Recognition of Robert Hoffman for his service on the Public Safety Advisory Commission. ,411)
Vice Mayor Dickey stated that Robert Hoffman had served on the Public Safety Advisory Commission
(PSAC) from 2004 until December 2007. She stated that the Town Council and staff wished to thank
Mr. Hoffman for his contributions to the Town and presented him with a plaque commemorating his
service.
5) Presentation by the Branch Director Rich Schultz of the Boys and Girls Club of Greater
Scottsdale—McKee Branch.
Mr. Schultz, Branch Director of the Boys and Girls Club of Greater Scottsdale—McKee Branch located
in Fountain Hills, addressed the Council and highlighted a brief presentation that outlined the
organization's goals and achievements, Mission Statement and Vision Statement. He discussed one of
the programs, "Passport to Manhood," and said that this program was part of the organization's grant
partnership for the Teen Center. He said that they implemented eight new teen programs over a three-
year period, for a total of 30 programs that were occurring in the Teen Center. He noted that the
programs were free of charge to members, one hour per week for twelve consecutive weeks and he
outlined the various programs.
Mr. Schultz noted that "Passport to Manhood" was a national program and its goals included promoting
responsibility, reinforcing positive behavior and developing character in adolescent males grades 6th
through 12t. He expanded upon the subjects covered under this program and their positive impacts on
the targeted participants. He reported that during the first program they enrolled 15 members and each
member had completed 25 hours each,totaling 275 hours of community service. He outlined the events
that they had participated in and said that between the pre-tests and post-tests, they had found that the
participants had achieved a 22% increase in knowledge based on diversity, substance abuse,
relationships with girls, etc. Over 270 members had participated in the Teen Center's various programs,
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an increase of 10%, and over 3,000 community service hours had been completed during a 12-week
period.
Mr. Schultz provided additional information relative to the success of the various programs and noted
that an additional grant had been received to assist them in their efforts. He introduced Jeff Grubb, a
member of the "Passport to Manhood" program, who had also been involved in the Keystone Club,
Money Matters, Youth of the Year Program and was now a staff member who mentored the younger
youths.
Mr. Grubb addressed the Council and said that he had been a member of the Boys and Girls Club —
McKee Branch for a little over three years. He discussed the valuable support and guidance he had
received and the impact the programs had on him personally as well as on other youths and said that he
was proud to now be part of the organization assisting others. He thanked the Council for their support
of this valuable program.
Vice Mayor Dickey and the Council thanked Mr. Grubb for his comments and service.
Mr. Schultz thanked the Council, and in particular the Mayor, for their positive impact on the Town's
youth.
* CALL TO THE PUBLIC
There were no citizens wishing to speak.
CONSENT AGENDA
AGENDA ITEM #1 —CONSIDERATION OF APPROVING THE TOWN COUNCIL
MEETING MINUTES OF JANUARY 8 AND JANUARY 17,2008.
AGENDA ITEM #2 — CONSIDERATION OF APPROVING THE SPECIAL EVENT LIQUOR
LICENSE APPLICATION FOR KEN BOWMAN (FOUNTAIN HILLS POST NO. 58, THE
AMERICAN LEGION) FOR SUPPORT OF THE FOUNTAIN FESTIVAL OF ARTS AND CRAFTS,
LOCATED AT 16837 E.PARKVIEW AVENUE, SCHEDULED TO BE HELD FEBRUARY 22 AND 23,
FROM 9:00 A.M.TO 11:59 P.M.AND FEBRUARY 24,2008 FROM 10:00 A.M.TO 11:59 P.M.
AGENDA ITEM #3 — CONSIDERATION OF APPROVING THE LIQUOR LICENSE APPLICATION
FOR ROBERT NABASNY (MLB SPORTS, LLC, DBA OVERTIME SPORTS GRILLE), LOCATED
AT 16872 E.AVENUE OF THE FOUNTAINS, SUITES #104,#105 AND#106 AND THE PATIO. THIS
APPLICATION IS FOR A SERIES 12—RESTAURANT LICENSE.
AGENDA ITEM #4 — CONSIDERATION OF RESOLUTION 2008-06, ACCEPTING THE
DEPARTMENT OF HOMELAND SECURITY (DHS) FISCAL YEAR 2007 ASSISTANCE TO
FIREFIGHTERS GRANT IN THE AMOUNT OF $46,802.00 FOR THE PURCHASE OF A NEW
MOBILE AND PORTABLE RADIOS.
AGENDA ITEM #5 — CONSIDERATION OF ACCEPTING A DONATED BRONZE SCULPTURE AS
RECOMMENDED BY THE PUBLIC ART COMMITTEE FOR PUBLIC DISPLAY AT THE
COMMUNITY CENTER UNDER THE PREVIOUSLY APPROVED PUBLIC ART MASTER PLAN.
Councilmember McMahan MOVED to approve the Consent Agenda as listed and Councilmember Archambault
SECONDED the motion.
LA roll call vote was taken with the following results:
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Councilmember Kehe Aye
Councilmember Schlum Aye
Councilmember Leger Aye
Vice Mayor Dickey Aye
Mayor Nichols Absent
Councilmember McMahan Aye
Councilmember Archambault Aye
The motion CARRIED UNANIMOUSLY by those present(6-0).
ACTION AGENDA
AGENDA ITEM #6 — CONSIDERATION OF A PURCHASE AGREEMENT WITH RIVEER
ENVIRONMENTAL TO PURCHASE A SWEEPER DECANT DISPOSAL FACILITY IN THE
AMOUNT OF$149,350.
Public Works Director Tom Ward addressed the Council relative to this agenda item and explained that this was
an item that was contained in the Town's Annual Storm Water Management Program. He said that they make
commitments to do a better job at storm water and this particular item was a decant station that staff had looked
at closely; they had gone out to other cities and talked to them about this item. He noted that many if not all
cities and towns in Maricopa County (as well as across the United States) had this type of decant disposal
facilities. He discussed visits staff had made to two cities that were specifically using the brand that staff was
recommending and reported that the municipalities had been extremely satisfied with the results of the decant
station.
Mr. Ward stated that maintenance costs would be approximately $1,000 a year (for filters and other items that
might wear out). The facility would also provide a one-year warranty that covered free labor and support on
warranty issues. The system was a"closed loop" system and would not produce any water that would leave the
system; it was self-contained. The self-contained unit would permit the street department to clean equipment,
vehicles and the street sweeper and it would collect all of the wastewater and recycle if for use, while removing
the sediment. The unit met Federal wastewater regulations and includes an internal conveyor, media filter,
absolute filter, etc. The solids were then dumped into a dumpster and disposed of at an appropriate landfill. The
unit would require a 20-foot by 40-foot area and could be moved, if necessary, in the future.
Mr. Ward emphasized that this action was required under the Storm Water Management Plan and noted that if
the Town failed to comply it would be subject to fines. He stated that staff recommended that the Council
approve the purchase with Riveer Environmental.
In response to a question from Councilmember Leger, Mr. Ward confirmed that Storm Water management was
a non-funded Federal government mandate.
Councilmember Archambault asked whether this would help the Town meet Maricopa County's Air Pollution
criteria and Mr. Ward advised that it would. The PM-10 measures (removing debris off of the street) would
improve. In response to Vice Mayor Dickey,Mr. Ward noted that the water stayed fresh due to evaporation and
cleaning and that the water was recycled and not dumped.
Vice Mayor Dickey said that she "bragged about the Town of Fountain Hills" at DEQ today and said that she
supports this purchase.
Councilmember Leger MOVED to approve the Purchase Agreement with Riveer Engineering and
Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-
0).
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The Vice Mayor thanked Mr.Ward for his presentation.
LawAGENDA ITEM #7 — CONSIDERATION OF APPROVING AN AMENDMENT TO THE
CONSTRUCTION MANAGER AT RISK AGREEMENT WITH VALLEY RAIN CONSTRUCTION
CORPORATION ESTABLISHING THE FIRST OF TWO GUARANTEED MAXIMUM PRICES
(GMP) IN THE AMOUNT OF $2,099,395.09 FOR CONSTRUCTION OF DESERT VISTA
NEIGHBORHOOD PARK IMPROVEMENTS.
Supervisor of Recreation Bryan Hughes addressed the Council relative to this agenda item and said that the
purpose of this action was to approve an amendment to the Construction Manager at Risk Agreement with
Valley Rain Construction Corporation that was approved by the Council in November. He stated that this was
to establish what they hope would be two maximum guaranteed prices to construct improvements to Desert
Vista Neighborhood Park. He highlighted a brief PowerPoint presentation showing the Desert Vista Master
Plan, which was updated in February 2007 to reflect current and long-term needs of the community. He noted
that highlights included a restroom/storage/concession building, athletic field lighting, area lighting, picnic and
shade armadas, parking improvements, connecting sidewalks and entryways, landscaping, irrigation and site
amenities.
Mr. Hughes advised that Phase I would consist of construction of the restroom/storage/concession building,
including utilities; installation of sidewalks, entryways and other hardscape; electrical infrastructure for area and
athletic field lighting; drinking fountains; landscaping and irrigation and demolition and grading. Phase II
would include installation of area and athletic field lighting fixtures and poles; picnic and shade ramadas;
playground equipment; skate park entryway; trash enclosure; site amenities; signage and completion of parking
improvements.
Mr. Hughes discussed negotiations that had taken place with Valley Rain and noted that initial funding for
improvements was approximately $1.2 million. He said that the first guaranteed maximum price came in at a
,,. little over$3.3 million. He explained that the construction market was constantly changing and costs continued
to increase particularly for petroleum-based products, which was used for irrigation PVCs, oil and asphalt for
parking, etc. He added that concrete and copper wire costs were constantly going up. He noted that the project
also came in over budget due to the fact that a significant amount of time had lapsed since the original estimate
was received (approximately one year). He said that staff had determined that the increases were "across the
board" and sat down with Valley Rain and Olsson Associates,the design team, and reported that every line item
had increased. Staff worked with Valley Rain on methods to save money without compromising the project(i.e.
use PVC-type piping instead of copper, eliminating chillers on some of the drinking fountains that were really
not needed if there was a chiller at the building, changing the block from a trend stone block as seen at a lot of
the ramadas at Fountain Park to just a typical block that could be painted, etc. Mr. Hughes advised that staff felt
it was very important to concentrate on the cost of the entire project, the absolute maximum that it would cost
long term.
Mr. Hughes informed the Council that the final maximum guaranteed price came in at a little over $3 million
and staff decided that it may be best to divide the project into two separate phases with two guaranteed
maximum prices over two Fiscal Years. The first one, that the Council was considering this evening, was
approximately$2.1 million and the balance would be approximately$900,000(next Fiscal Year).
Mr. Hughes discussed phasing and said that construction of the restroom/concession building was a number one
priority along with insulation of the sidewalks, entryways and other hardscapes that people would be able to
walk on, electrical infrastructure for athletic field lighting, drinking fountains, landscape and irrigation,
demolition and grading (including some of the alleyway for parking). He added that Phase II would consist of
insulation of the athletic field and area lighting, picnic and shade ramadas, playground equipment, skate park
entryway, trash enclosure, site amenities, signage and completion of the parking improvements. He stated that
the goal was to make it easy to move from Phase Ito Phase II.
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Mr. Hughes informed the Council that the risks associated with the proposal (two guaranteed maximum prices
and two phases) included the fact that there was no guarantee that funds would be available in future Fiscal
Years and, in this case, next year. He said that delaying the project would only continue to add to the costs and ,411i)
not completing the project could affect grant funding. He noted that the Town had applied for and accepted two
grants for over $1 million over the last year and added that according to the grant agreements, the Town must
complete the whole project or begin eliminating the scope of work and receive approval from the organizations
that issued the grant funding. He said that the project could ultimately be jeopardized if the Town did not build
what they said they would with the monies (could be deemed non-compliant and receive only a portion of the
funding or no funding). Mr. Hughes stated that staff believed that the project should be a priority in the next
Fiscal Year in order to maintain the grants.
Additional discussion ensued relative to the funding available in the current Fiscal Year and where it came from;
the fact that funding had already been committed for pre-construction services in the amount of$32,533 in the
Construction Manager at Risk At Risk agreement with Valley Rain, along with another $144,168 with Olsson
Associates for Construction Administration Services and the fact that the first Guaranteed Maximum Price with
Valley rain was $2,099,396.09, which brought the total cost in the current Fiscal Year to $2,276,096.09, which
was under the budgeted amount by$13,534.
Mr. Hughes said that staff recommends approval and indicated his willingness to respond to questions.
In response to a question from Councilmember Kehe relative to the use of development fees, Mr. Hughes
advised that the use of the Parks &Recreation Department's development fees were restricted and must be used
for capital projects related to growth that impacts the Town's parks and recreation facilities. He added that if the
fees were not used within a specific period of time,the money must be returned to the developer.
Mr. Hughes responded to Councilmember Schlum and said that the Town had received all of the grant monies
available for this particular project and noted that the Heritage grant provides up to three years in which to
complete the project and the Sports &Tourism Authority would like to see the project completed within a year.
They wanted to see most of the funding lined up ahead of time before application was made and the Town
complied and they had all of the funds that the Council was reviewing this evening. They were even able to
leverage the $775,000 from State Parks as part of the match for that particular grant. The Authority assumed
that all of the funding had been "locked in place" and neither the Authority nor the Town thought that the
project would come in over budget. He said that he had been trying to contact the Authority to see if there was
any leeway and what scope of the project they were most concerned about and would find out if there was any
flexibility as far as the Heritage grant as well.
Councilmember McMahan commended staff of their efforts to secure the grants.
Vice Mayor Dickey said that there was approximately $14,000 that could be put against the next phase of the
project and asked how much money would be available in development fees next year that could be used for this
project. Mr. Hughes responded that they were still working through the budget process and that number was not
yet available. Councilmember Kehe noted that was a challenge on frugal spending as development fees used for
Capital projects should be paid for by growth.
Councilmember Leger said that under normal circumstances with the downturn in the economy he would be
sensitive about spending $2 million. He added, however, that they were looking at $1 million in development
fees that were dedicated to parks and recreation and they had$1 million in grants. He stated that for that reason,
he would support the expenditure but wanted to make it perfectly clear that they were in a downturn and
tightening their belts but if they delayed they would lose the grant money and construction costs would only
continue to escalate.
,414)
Vice Mayor Dickey asked when they hired consultants or experts to project what something was going to cost
whether there was ever any type of"risk" on their part. Mr. Hughes replied that staff had asked the consultant
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the very same question and their response was that they were not a contractor and could only base their
estimates on current market values. They had done the very best they could but there were never any
guarantees.
The Vice Mayor said that she hoped that the Sports &Tourism Authority took that into consideration.
There were no citizens wishing to speak on this item and the Vice Mayor called for a motion.
Councilmember Archambault MOVED to approve the amendment to the Construction Manager at Risk
Agreement with Valley Rain Construction Corporation establishing the first of two Guaranteed Maximum
Prices (GMP) in the amount of $2,099,395.09 for the construction of Desert Vista Neighborhood Park
Improvements and Councilmember Schlum SECONDED the motion, which CARRIED UNANIMOUSLY by
those present(6-0).
AGENDA ITEM #8 — CONSIDERATION OF THE "SIDEWALK, LANDSCAPE AND LIGHTING
EASEMENT AGREEMENT" WITH CHAPPARRAL CITY WATER COMPANY ON PARCEL E AT
DESERT VISTA PARK(EAA07-02).
Ms. Zanon advised that this item related to consideration of the Sidewalk, Landscape and Lighting Easement
Agreement with Chapparral City Water Company on Parcel E at Desert Vista Park. She said that this was
something that staff had been working on for some time. The Town had been utilizing Parcel E as park area
under an "Improvement and Usage License" from MCO and the Town was attempting to negotiate a more
formal License Agreement for the usage of the parcel until such time that it was needed by CCWC for that
potential future well site. Generally the upcoming Town Park improvements had been mostly kept out of Parcel
E due to that potential future CCWC usage.
Le Ms. Zanon confirmed that at a future date there could be a structure at the well site. Mr. Hughes added that it
might consist of a small wall that would not affect any of the amenities at the Park. He added that there would
be some landscaping and Ms. Zanon noted that staff was requesting that they keep a 10' sidewalk landscaping
and lighting easement associated with it so there was a buffer.
Councilmember Schlum MOVED to accept the Sidewalk, Landscape and Lighting Easement Agreement with
Chapparral City Water Company on Parcel E at Desert Vista Park and Councilmember Archambault
SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0).
AGENDA ITEM #9 — PUBLIC HEARING OF ORDINANCE 08-01, A TEXT AMENDMENT TO
CHAPTER 18, TOWN CENTER COMMERCIAL ZONING DISTRICT, OF THE ZONING
ORDINANCE. IF ADOPTED, THE AMENDMENT WOULD ALLOW FOR GREATER BUILDING
HEIGHTS, REDUCED SETBACKS, SHARED PARKING AND MULTI-FAMILY RESIDENTIAL
USES IN THE TOWN CENTER COMMERCIAL DISTRICT(TCCD). CASE#Z2007-05.
Vice Mayor Dickey declared the public hearing open at 7:25 p.m.
Senior Planner Bob Rodgers addressed the Council relative to this agenda item and highlighted a staff
presentation on the issue. The Town Council initiated this zoning amendment at their November 15, 2007
meeting and staff was directed to review the feasibility of revising the Town Center Commercial District
(TCCD) regulations in order to potentially allow for the creation of a more intense downtown style development
than the current TCCD or current zoning district allows. The TCCD District was originally designed to allow
downtown development by providing for a variety of pedestrian oriented mixed land uses in the Town Center
area. He read from Chapter 18 of the ordinance and noted that the intent of the district was to encourage the
development and sustainability of a vibrant, mixed-use area where residents and visitors could live, work, shop,
coy dine, be entertained, enjoy community and cultural events and contribute to the economic viability of the Town
Center area and the Town as a whole.
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Mr. Rodgers said that with the above listed goals in mind, he would outline the major changes in the District
Guidelines contained in the proposed ordinance amendments. The major changes included:
• Greater Building Heights
• Reduced Setbacks
• Shared Parking
• Multi-Family Residential Uses
Mr. Rodgers briefly discussed the intent and goals of the above listed proposed changes. He stated that the
proposed ordinance revisions outlined in the report would significantly change the TCCD Zoning District
regulations. The changes would increase the viability of commercial or mixed-use development proposals in the
downtown area by allowing for a greater degree of flexibility in building design and in the design of parking
facilities.
Mr. Rodgers commented that the Town was beginning a gradual transition from a "growth" community to a
"maintenance" community. The currently vacant downtown area was a prime candidate for infill development
and the Town must take every opportunity to ensure a quality of development that would provide long-term
benefits. As the Town moves forward in time, there would be more emphasis on maintaining the positive
aspects of the community. Some of those positive features were an enhanced overall architectural appearance of
the downtown area, improved site design, retail and entertainment opportunities and the preservation of open
spaces.
Mr. Rodgers informed the Council that staff had received two inquiries (attached to the report) from citizens
regarding the proposed text amendment with concerns expressed. However, most concerns had to do with the
potential effects of any development on the downtown property rather than with the text amendment itself.
Therefore, staff recommended that the abutters' concerns be provided to any developer and included and
addressed in any future review of a development proposal if and/or when one was submitted. He noted that the
Planning & Zoning Commission voted at their regular meeting of January 10, 2008 to recommend approval of Nag
the proposed TCCD ordinance amendments and recommended that the Council approve the proposed text
amendment to Chapter 18 of the Fountain Hills Zoning Ordinance as outlined in staff's report. He indicated his
willingness to respond to questions.
In response to a question from Councilmember Schlum relative to building heights (particularly
theaters/architectural enhancements), Mr. Rodgers stated that the new ordinance would allow a 40-foot height
limit as a base and if someone wanted to go over 40 feet, they would have to propose that as part of their
concept review process with the Planning & Zoning Commission. The Commission would weigh the pros and
cons taking into consideration any architectural features that might hide rooftop equipment, etc. There was no
second step for concept review.
Councilmember Kehe asked Mr. Rodgers to justify how staff arrived at the 48-foot figure in the staff report and
Mr. Rodgers stated that his understanding was that a theater was going to come in probably around 44 to 46 feet
in height and in order to hide roof equipment they might need extra height.
Councilmember Kehe advised that he had received a letter from a citizen who was the former Chairman of the
Planning & Zoning Commission, stating that the Harkins Theater on 74th Street just off of Scottsdale Road,
which had some architectural features, was 42 feet high and a United Artists Theater in the Pavilions' Shopping
Center was 42 feet high. He noted that Fountain Hill's Town Hall with the dome on the top was 43 feet high.
He said that there was sensitivity to height and at this point he was somewhat uncomfortable with the proposed
48-foot height limitation. He added that he had not heard sufficient justification for that proposal.
Mr. Rodgers responded that there was a slope to the property and the front might be taller than the back of the
building.
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Councilmember Archambault commented that the idea behind the TCCD was to encourage development and not
to put so many restrictions in place that they discouraged development. He asked Mr. Rodgers to discuss the
L premise of the concept plan and Mr. Rodgers explained that any commercial, industrial or multi-family
development must go through concept plan review. The Planning & Zoning Commission reviewed all of those
for conformance with the Town's ordinances. He said that this process was already in place and even anything
in the existing TCCD or the C-2 zone had to go through that process if they wanted to get a building permit.
Councilmember Archambault stated that the purpose then in what was being proposed was to keep a developer
from going "too far down the road" and then having to come before the Council for a Special Use Permit. If the
concept plan was approved, the developers then would know that it was a go. The idea behind the heights, as he
understood it, was that 40 feet was where the Town wanted them to be but if there were architectural
enhancements or something that enhanced the entire project, there was some flexibility. Mr. Rodgers confirmed
Councilmember Archambault's summarization and added that if the Planning&Zoning Commission decided to
deny a plan because it was at 42 feet, they could always appeal that decision to the Council because concept
plans were appealable before the Council.
Councilmember Leger stated that as a Council it was important to keep in mind that they had given very specific
direction to staff relative to a new TCCD zoning district. They were asked to look at the existing TCCD zoning
and amend it. The rationale was to create a zoning district in the downtown area that would enable viable
development and the amendment was not for an approved project. He said they need to look at this in terms of
the Town of Fountain Hills creating a viable zoning district. He commented on the fact that projects had come
and gone because of a lack of the ability for shared parking and because of height issues. He stressed the
importance of remembering why they started down this road to begin with. He stated the opinion that staff was
attempting to create a "level playing field" and referred to the contents of staff's report. He said that they
needed to have some flexibility on the ground floors for commercial/retail development and he believed that the
48 feet was realistic. He emphasized the importance of reviewing this amendment on the merits of what it was
they were trying to accomplish in Town. If downtown was the core, they had to decide whether it was okay to
Now have more height, more density in that area.
Councilmember Kehe asked whether the shared parking would force Community Center, Town Hall and
Library users on to the street. He noted that crowded conditions already existed in certain areas. Mr. Rodgers
stated that the impact of the shared parking would be negligible because when the shared parking models were
presented, whatever was presented must be sufficient to support the parking needs.
Ms. Zanon commented that typically when people were accessing a use they started by parking closest to the use
and then continue to "circle out" until they found available parking. In looking at a shared parking model, the
times that you would have to "circle out" as far as the Community Center would typically not be the times when
the Community Center would have significant events or competing use for the parking lot. There were no
guarantees that this would never happen but the odds were that there would not be many if any conflicts.
Vice Mayor Dickey stated that this was something they were changing in an effort to create certain things for
the Town as a whole. She said she wanted to ask about the residential part of this. They had talked in the past
about percentages (available commercial versus residential) and noted that there was no percentage number in
any of this but it seemed to be self-limiting or maybe implied by the fact that it was only on the upper floors.
She asked if there had ever been any discussion about a residential percentage versus commercial.
Mr. Rodgers replied that long discussion had occurred regarding that issue and staff agreed that it was self-
limiting because they were not allowing residential on the ground floor facing the arterial streets. If residential
was going to be on the ground floor, it had to be on a different street or had to face inside and that left
storefronts on the ground floor. There may be one or two floors of offices on top but it was self-limited as the
Vice Mayor stated. He added that staff had emphasized that they would like to see 50% or less. Mr. Rodgers
responded to the Vice Mayor's question and advised that people who lived on the upper floors would be allowed
to operate home occupations subject to the same restrictions/conditions for homes.
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Additional discussion ensued relative to staff's report and Mr. Rodgers responded to a variety of
questions/requests for clarification from the Council regarding set backs and building height.
Town Clerk Bev Bender advised that no requests to speak were submitted regarding this agenda item. „..0)
The Vice Mayor declared the public hearing closed at 7:52 p.m.
AGENDA ITEM #10 — CONSIDERATION OF ORDINANCE 08-01, A TEXT AMENDMENT TO
CHAPTER 18, TOWN CENTER COMMERCIAL ZONING DISTRICT, OF THE ZONING
ORDINANCE. IF ADOPTED, THE AMENDMENT WOULD ALLOW FOR GREATER BUILDING
HEIGHTS, REDUCED SETBACKS, SHARED' PARKING AND MULTI-FAMILY RESIDENTIAL
USES IN THE TOWN CENTER COMMERCIAL DISTRICT(TCCD). CASE#Z2007-05.
Councilmember Leger MOVED to approve Ordinance 08-01 the Text Amendment to Chapter 18, Town Center
Commercial Zoning District of the Zoning Ordinance and Councilmember McMahan SECONDED the motion.
Councilmember McMahan emphasized that although the Town had been working with a certain developer, the
proposed zoning regulations were being established for the benefit of any developer that might come in; this
amendment was not just for this one project.
Councilmember Leger stated that this not only benefited the developer, it also benefited the Town by enabling a
build out in the downtown center that would attract much-needed amenities. They had talked a lot about
revenue, revenue shortfalls and sales tax revenue but more importantly there had been a vision in the Town for
many years and hopefully they could make it come to fruition soon —a vibrant downtown. A lot "feeds" off of
that; other businesses and residents could benefit as a result of this mixed-use action.
Councilmember McMahan concurred with Councilmember Leger's comments.
Nod
Councilmember Kehe said that he would like to hear a little more discussion on the members relative to the
height issue. He stated that he would be more comfortable with a 46-foot height restriction.
Councilmember Schlum commented that when he looked at the topography of that land and the slope that it
presented and the buildings that they envision that were going to have to deal with that slope he believes that to
be one reason to allow some flexibility as far as height. He spoke in favor of allowing the flexibility to enable a
development to come forward that most of them envision to be a viable one. He added that the slope would
obviously impact a theater and if 42 or 44 feet was customary, that would be on a flat piece of land. He said
given the location and the site, he believed they needed that language in there to allow developments to go
forward. He commended everyone who had been working on this process on their teamwork and efforts to
move discussions forward. He also spoke in favor of shared parking,particularly when there were various uses.
Councilmember Archambault noted that most of the commercial ceiling heights were 16 feet or more, with 16
feet being the norm. That did not count all of the air conditioning units, trusses and everything above that,
which adds another three feet for a total of 20 feet. He agreed with the importance of flexibility and also
indicated support for moving forward with the footage language as recommended by staff.
Vice Mayor Dickey said that she was comfortable with either 46 or 48 feet and spoke in support of the concept
plan idea. She noted that the issues would be looked at so if a majority of the Council supported the 48 feet she
would support it as well. She added that she was comfortable with the fact that the projects would be looked at
on one level but they could actually come before the Council if that need arose. The Vice Mayor stated that
under Section D, Quasi-Public Uses, six items were listed but it did not expressly forbid education (interior
design classes,etc.). She requested input on this issue.
Mr. Rodgers responded that schools were permitted uses under Section B.
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In response to a request from Councilmember Leger, Mr. Rodgers briefly highlighted the uses that would be
allowed as proposed in the staff report and confirmed for Councilmember Kehe that the 48' height would not be
the standard (40' was the standard) and that both the Planning and Zoning Commission and staff would review
anything over 40' to ensure that the developers showed why the additional height was needed.
Councilmember Schlum thanked staff for their hard work and said that their efforts would enhance the
community.
Vice Mayor Dickey called for a vote on the motion.
The motion CARRIED UNANIMOUSLY by those present(6-0).
AGENDA ITEM #11 — PUBLIC HEARING OF ORDINANCE 08-02, TO AMEND A PORTION OF
THE OFFICIAL ZONING MAP OF APPROXIMATELY 18.44 ACRES IN SIZE FROM
INTERMEDIATE COMMERCIAL ZONING (C-2) TO TOWN CENTER COMMERCIAL DISTRICT
(TCCD)IN THE DOWNTOWN AREA. CASE#Z2007-04.
Vice Mayor Dickey declared the public hearing open at 8:06 p.m.
Senior Planner Bob Rodgers addressed the Council and provided a brief overview of this item. Mr. Rodgers
advised that that the Council voted to initiate revisions to the downtown area of the zoning map at their
November 15, 2007 Regular meeting. Staff had reviewed the existing zoning districts in the downtown area and
had determined that the provisions of the TCCD zoning district best suited the Town's needs for facilitating
downtown development. Staff had drafted a proposal to change approximately 18.44 acres from the C-2 zoning
district to the TCCD zoning district. The TCCD zoning district currently encompassed the area east of Saguaro
Boulevard and north of Kiwanis Drive to Fountain Park. The proposed rezoning would enlarge the TCCD
district as shown on a map included in the Council's packet.
Mr. Rodgers explained that the proposed zoning map revision would significantly change the TCCD zoning
district boundaries and decrease the size of the C-2 zoning district in the downtown area. These changes would
increase the viability of commercial or mixed-use development proposals in a larger portion of the downtown
area by allowing a great degree of flexibility in overall development design. He discussed the General Plan's
definition of Mixed Use and stated that it was staff's opinion that rezoning the area to TCCD would not require
a General Plan Amendment and added that in fact such a rezoning would be in keeping with the General Plan's
long-term vision. He advised that the Planning and Zoning Commission voted at their regular meeting of
January 10, 2008 to recommend that the Council approve the map amendment and staff concurred with that
recommendation.
Ms. Bender advised that there were no citizens wishing to speak on this item.
The Vice Mayor declared the public hearing closed at 8:08 p.m.
AGENDA ITEM#12— CONSIDERATION OF ORDINANCE 08-02 TO AMEND A PORTION OF THE
OFFICIAL ZONING MAP OF APPROXIMATELY 18.44 ACRES IN SIZE FROM INTERMEDIATE
COMMERCIAL ZONING (C-2) TO TOWN CENTER COMMERCIAL DISTRICT (TCCD) IN THE
DOWNTOWN AREA. CASE#Z2007-04.
Ms. Bender advised that there were no citizens wishing to speak on this item.
Councilmember Archambault MOVED to approve Ordinance 08-02, the proposed zoning map amendment as
outlined in the staff report and Councilmember McMahan SECONDED the motion, which CARRIED
UNANIMOUSLY by those present(6-0).
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AGENDA ITEM #13 — CONSIDERATION OF RESOLUTION 2008-07, RELATING TO THE TOWN
COUNCIL'S INTENT TO DEDICATE PROPERTY TAXES, IF APPROVED BY THE VOTERS AT
THE MAY 20, 2008 SPECIAL ELECTION, EXCLUSIVELY TO FUNDING PUBLIC SAFETY, FIRE
AND EMERGENCY MEDICAL SERVICES.
Ms. Zanon addressed the Council relative to this agenda item and stated that at the January 17th meeting the
Council made a motion to place a property tax on the ballot and asked staff to come back with a resolution that
dedicated the property tax exclusively for funding public safety, fire and emergency services. The resolution
before the Council was in response to that direction. She indicated her willingness to respond to questions from
the Council.
Councilmember McMahan emphasized that any property tax enacted in the community this year or in the future
should be exclusively dedicated to fire, emergency services and law enforcement. He said that he supported the
concept 100%. He added, however, that since this motion pertained to the May 20th property tax, which he
unequivocally opposed, he could not support the motion at this time.
In response to a question from Councilmember Archambault, Town Attorney Andrew McGuire stated that this
resolution dealt specifically with this Council's intent with respect to the ballot measure for May 20, 2008. He
said that because there would be a new Council after that time, if they decided to renew that resolution of intent
for a subsequent measure it would have to be at that time.
Councilmember McMahan asked if the May ballot was voted down whether this one would go away and Mr.
McGuire replied that if the funds were not approved it would go away.
Councilmember Schlum expressed the opinion that the resolution was written very well and if the citizens
decided on May 20th to approve a property tax, then he was pleased that the monies would be directed towards
public safety, fire and emergency services.
Councilmember Leger MOVED to approve Resolution 2008-07 relating to the Town Council's intent to
dedicate the primary property tax, if approved by the voters at the May 20, 2008 Special Election,exclusively to
funding public safety, fire and emergency medical services and Councilmember Kehe SECONDED the motion.
Ms. Bender advised that there were no citizens wishing to speak on this item.
The motion CARRIED by majority vote of those present(5-1) with Councilmember McMahan voting nay.
AGENDA ITEM#14— CONSIDERATION OF ORDINANCE 08-04,RELATING TO AN AUTOMATIC
REDUCTION IN THE TOWN'S TRANSACTION PRIVILEGE TAX RATE UPON APPROVAL OF
THE VOTERS AT THE MAY 20, 2008 SPECIAL ELECTION AND COLLECTION OF A PROPERTY
TAX.
Ms. Zanon addressed the Council and stated that also at the January 17th meeting, the Council directed staff to
come back with an ordinance that allowed the Town's Transaction Privilege Tax (sales tax) to be reduced if a
property tax was passed. The proposed ordinance had been prepared in response to that direction. Ms. Zanon
advised that at that meeting no rate had been determined and so the ordinance did not contain a rate. If the
Council approved the proposed ordinance this evening they would need to specify what the reduction would be
as part of that approval. She indicated staff's willingness to respond to questions.
Councilmember McMahan reiterated that he was totally in favor of reducing the sales tax if a property tax was
enacted and, in fact,reducing it for other reasons any time they could. He added, however, that since the motion
was related to the May 20th property tax, which he sincerely opposed, he could not support the motion at this
time.
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Councilmember Schlum requested that staff present the percentages and resulting ramifications on revenues to
the Town given what was previously discussed(three tenths of one percent reduction) as well as perhaps a more
caw "robust"rate.
Finance Director Julie Ghetti reported the following:
If the tax rate was reduced from 2.6% to 2.3%, the impact was approximately $4.4 million over a five-year
period of time but over the 20-year period of time it was about$18 million;
If the tax rate was reduced from 2.6% to 2.1%, a $7 million reduction would occur over a five-year period of
time or$30 million over a 20-year period;
If the tax rate was reduced from 2.6% to 2%, an $8.8 million reduction would occur over a five-year period of
time or$36 million over a 20-year period of time;
If the tax rate was reduced from 2.6% to 1.75%, a$12 million reduction would occur over a five-year period of
time or$52 million over a 20-year period of time; and
If the tax rate was reduced from 2.6% to 1.6%, a$14.6 million reduction would occur over a five-year period of
time or$60 million over a 20-year period of time.
Councilmember Schlum commented that this decision would be solely based on the voters' property tax
decision in May. He asked whether there would be an additional opportunity to reduce sales taxes further in the
future should the Town's revenues become more stabilized and/or economic development thrives.
Mr. McGuire advised that the Town Council had the authority to change the Town's sales tax through an
coo, ordinance posted as any other agenda item would be. He noted that in 2003 the Council voted to raise the sales
tax by 1% and so the Council could raise it,reduce it or even eliminate it if they so choose.
Councilmember Leger thanked Ms. Ghetti for her work on this issue and expressed the opinion that reducing the
sales tax by three tenths of a percent would not be very meaningful. He added that if they decided to reduce the
sales tax contingent upon the passage of the property tax to 1% they would be looking at reducing the revenues
that they would be raising through property tax by over $60 million over a 20-year period of time and he
believed that would be counter productive. He added that if they looked at reducing it by five tenths of a percent
(from 2.6% to 2.1%) it was still a large amount of money over 20 years (reduced the Town's total revenues from
$86 million to $56 million). He stated that at this point in time, taking everything into consideration, if the
citizens of Fountain Hills did in fact decide to move forward with a primary property tax, he would support a
reduction in sales tax by five tenths. He added that if a primary property tax was put in place and it
accomplished the goal of sustainability and stability with respect to the Town's revenue sources, he would not
be opposed to taking a look at this in another couple of years and perhaps reducing the rate by another five
tenths of a percent.
Councilmember Leger MOVED to approve the ordinance 08-04 reducing the Town's Transaction Privilege Tax
rate by five tenths (.5%) upon approval of the voters at the May election of a primary property tax and
Councilmember Kehe SECONDED the motion.
Mr. McGuire clarified that there were two items that needed to be addressed relative to the current form of the
ordinance. One was that the advertising tax was not included on the list and it should be. Section 8A-405 would
also be amended pursuant to the motion. And secondly, residential leases were currently at 1.6% as opposed to
2.6% and commercial leases were at 1% above the residential. These two items were not on the list and would
remain unchanged despite this motion. He said that as long as the motion included the amendment to Section
8A-405, they may proceed.
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Councilmember Leger stated that the motion did include the amendment referenced by Mr. McGuire and
Councilmember Kehe concurred.
Mr. McGuire further explained that there were two sections of the Town's Tax Code relating to rentals, one was
445 and the other was 446. He said that those two sections would not be impacted because they were not
included on the list. They were intentionally left off of the list because they were different today from the
regular tax rate.
Vice Mayor Dickey commented that not only could the Council lower the sales tax at any time, they could also
remove it from food if that was how they choose to proceed. She added that at the current time she would
support the proposed motion.
Ms. Bender advised that there were no citizens wishing to speak on this item.
The motion CARRIED by majority vote of those present(5-1) with Councilmember McMahan voting nay.
AGENDA ITEM #15 — PROGRESS REPORT ON THE ESTABLISHED ITEMS OF COUNCIL
BUSINESS:
A) DOWNTOWN FEES ADJUSTMENT
Ms. Zanon stated that the Council would receive a report to file a Notice of Intent regarding this item at their
next meeting on February 21S`
Vice Mayor Dickey advised that a citizen had asked her why the Council did not raise the fees based on the
study that was done two or more years ago. She said there was a bill passed last year in the Legislature that
limited them but she wanted a clarification on this issue.
Mr. McGuire responded that what the Vice Mayor was referring to was Senate Bill #1423 from last year. Staff
spent the greater part of last year negotiating with the Homebuilders Association on what was considered to be
some fairly wholesale sweeping changes to the statute. The changes that they had finally agreed to (and a
consensus was reached with the Homebuilders) were essentially structurally related. They were requiring that
the Town produce what was now called an Infrastructure Improvements Plan prior to or concurrently with
developing an impact fee study so that the fees would be directly tied to an infrastructure plan. In almost all of
the communities he was aware of this was already being done in the form of a capital plan that was used as part
of the development fee study. However, the Homebuilders had experienced cities and towns that had not done
that. As one of the trade offs, cities seemed to be upping their fees every year or two so they were constantly
doing the studies. Staff proposed to them that that be somewhat leveled off if they would consent to having an
automatic index built into the fees so that when the Town adopted their Infrastructure Improvements Plan (IIP),
they were allowed to adopt an index by which the tax could increase and the fees could increase without the
Council having to go all through the process again. He added that it was meant to be tied to the regional
construction industry so that it was a reasonable increase each year and it saved towns and cities monies because
they did not have to keep going out and doing the studies to keep up. It was generally viewed by most as a
"good thing" but in order to implement it, they had to implement an Infrastructure Improvements Plan that the
Town did not currently have. The current update was to update the CIP, convert it into an IIP with the
additional things required by the statute and build in the indexing provision required by the statute.
The Vice Mayor thanked Mr.McGuire for his clarification and explanation.
Councilmember Kehe noted that in the Interim Manager's Report under Development Fees Adjustment the
action date for the Council was June 5, 2008. He stated that in establishing the completion resolution on the
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items of Council business they wanted to complete these as far as possible before the current Council took leave.
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He asked why they could not have the target date for Council action on development fees moved up to May 17th
when this Council would still be intact.
Cre Mr. McGuire responded by saying that the statutory timeframes built into the current development fee statute
affected this and it could not be accomplished by that time. He added that the June 5th meeting was the earliest
opportunity they had to address this issue.
Ms. Ghetti stated that Step 1 would be the Notice of Intent, which was at the next meeting and that starts the
"clock ticking." After the Notice of Intent, there was a 60-day waiting period and then after the fees were
adopted, there were 30 days and then 75 days. She said that there was no way to move any of those dates.
Councilmember Kehe commented that they had been dealing with this issue for a while and asked why the item
was not on an earlier meeting agenda.
Ms. Ghetti said that the legislation was new and because they were not doing a full-blown study they had to
adopt the Infrastructure Improvement Plan. They basically had to go back to the consultant that did the original
study to see if they could take the original CIP and convert it over to an JIP that would meet the requirements of
the statute and once the IIP was created, they could then move forward with the indexing of the development
fees. She stated that the IIP had been completed(copy was received on Monday).
In response to a question from the Vice Mayor, Mr. McGuire said that if the Council were to convene a Special
meeting for this item to be put forward it could possibly occur in May. Ms. Ghetti stated that she would have to
go back and recalculate the days to see if that was a possibility.
B) DOWNTOWN DEVELOPMENT AGREEMENT/C-2 ZONING TO TCCD
LieMs. Zanon advised that the downtown zoning was accomplished this evening. She added that staff received a
draft agreement, which was under review, and the next meeting with the development team was scheduled for
tomorrow so they were moving forward.
C) ENVIRONMENTAL POLICY
Ms. Zanon stated that she had nothing new to report on this item other than the fact that the Work Study Session
was coming up (February 12t).
D) GENERAL ACCESS TO THE MOUNTAIN PRESERVE
Ms. Zanon reported that the attorneys from MCO had contacted the Town to discuss the agreement so
discussions were continuing.
E) PREPARING A SOUND TOWN FINANCIAL FUTURE
Ms. Zanon said that staff had notified the Maricopa County Elections Department of its intent to place the
property tax question on the May ballot. Staff would work with legal counsel to prepare the publicity pamphlet.
The notice for pro/con arguments had been placed in the local paper and would run for two weeks (weeks of
February 6 an 13). Submissions were due in the Clerk's office by 4:00 p.m. on February 20th. Educational
materials were being prepared by the Strategic Plan Advisory Commission's (SPAC) Subcommittee, which was
working on developing neutral language to try to answer commonly asked questions related to a property tax.
They would also be working in conjunction with the Public Information Office, Town management and the
Town Attorney to ensure that strictly neutral informational language was used. The materials would be made
available to the citizens through a variety of ways.
Lor
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In response to a question from the Vice Mayor,Ms. Zanon advised that the$100 fee to place a pro/con argument
in the publicity pamphlet was submitted to the Town Clerk and should be made payable to the Town of Fountain
Hills.
F) STATE TRUST LAND/ELLMAN DEVELOPMENT'AGREEMENT
Ms. Zanon said that staff continues to meet with them weekly and work through their General Plan Amendment
application. A meeting was held today so staff was moving forward on this matter.
G) TOWN HALL WATER FEATURE AT AVENUE OF THE FOUNTAINS AND LA
MONTANA DRIVE
Ms. Zanon reported that staff had met with five contractors to obtain proposals to construct the concrete base as
well as all necessary water lines and electrical/site work. The contract amount was $23,538. This would be
presented to the Council at the March 6th meeting with construction starting shortly after and ending by the end
of March.
H) TRAFFIC CONTROL AT AVENUE OF THE FOUNTAINS AND SAGUARO
Ms. Zanon informed the Council that efforts continue to make progress on base map work and planning how to
put the U-turn in. Staff had a work order ready to present to the Council at the next meeting (February 21St)
The amount of the work order was $21,979 to construct the U-turn and that would include all items such as
removal of existing curbing, putting in handicap ramps, asphalt, etc. The work would be done through the
Town's annual contract with Markham Construction.
Ms. Zanon added that several members of the Town team did go down to Tucson last week to visit with the
Tucson Transportation Department. The team presented an aerial photograph and discussed their area of the
Town with them as well as HAWK signals they had in their area. They looked at similarities as well as
differences and a lot of information came out of that meeting. Staff was "digesting" the lessons learned in
Tucson and deciding what would be appropriate to move forward. They were still on track to bring this back on
April 17th.
Councilmember Leger said that he was happy to see that the construction of the U-turn was well under what was
first put out to the citizens, $50,000. He added that they started down this road primarily because of pedestrian
safety and some people believe that the U-turn was shortsighted and added that the U-turn would probably not
be permissible by law at the current location. Moving the U-turn down 150 feet or so not only addresses that
issue, it could also be viewed as somewhat visionary with respect to the development of the south side of the
Avenue.
AGENDA ITEM#16—SUMMARY OF COUNCIL REQUESTS BY INTERIM TOWN MANAGER.
Ms. Zanon advised that staff would look into the development fee adjustment time period and backtrack it to see
if they could accomplish this item in May at a Special Session.
AGENDA ITEM #17 — 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. Councilmember McMahan said that he would like the Council to consider putting on the March 6th
agenda a motion to amend the Zoning Ordinance to allow the home footprint lot coverage on some
lots to be raised from 15% to 20%. He said that changing this one number would result in thousands
of dollars in revenue and sales tax and would impact development fees.
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Mr. McGuire noted that this issue was not agendized under Item #17 so between now and the next meeting
either the Mayor could have it placed on the Regular agenda as a discussion item or it could be placed under this
(41109 agenda item at an upcoming meeting.
Ms. Zanon advised that one of the topics planned for the March Work Study Session (first Tuesday in March)
was the remaining items of business that came out of the SPAC recommendations from December.
Councilmember Leger noted that Councilmember McMahan's item would be covered at the March Work-Study.
Councilmember McMahan acknowledged that would work.
Vice Mayor Dickey announced that starting today registered citizens could vote at Town Hall through March
7th.
AGENDA ITEM#18—ADJOURNMENT
Councilmember McMahan MOVED that the Council adjou nd Councilmember Archambault SECONDED
the motion, which CARRIED UNANIMOUSLY. The m t' g adjourned at 8:40 p.m.
TOWN OF F N HILLS
By
Wally . Nichols,Mayor
ATTEST AND
PREPARED BY:
L,, Bevelyn J. ,Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and
Executive Session held by the Town Council of Fountain Hills on the 7th day of February 2008. I further certify
that the meeting was duly called and that a quorum was present.
DATED this 20 day of February 2008.
Bevelyn J. nd ,Town Clerk
L
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