Loading...
HomeMy WebLinkAbout2008.0501.TCREM.Minutes TOWN OF FOUNTAIN HILLS (ay MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL May 1,2008 Mayor Nichols called the meeting to order at 5:03 p.m. AGENDA ITEM #1 — ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. §38-431.03.A(3) FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY. (SPECIFICALLY, REGARDING POSSIBLE REFUND OF DEVELOPMENT FEES), AND (ii) PURSUANT TO §38-431.03(A)(4) 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) REGARDING ACCESS TO THE FOUNTAIN HILLS'MCDOWELL MOUNTAIN PRESERVE AND (b)A PROPOSED TOWN MANAGER CONTRACT.) ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Councilmember Kehe, Councilmember Leger, Councilmember McMahan, Councilmember Schlum, Councilmember Archambault and Vice Mayor Dickey. Town Attorney Andrew McGuire and Councilmember Elect Cassie Hansen were also present. Interim Town Manager Kate Zanon, Parks & Recreation Director Mark Mayer and Town Clerk Bev Bender joined the meeting at 5:19 p.m. and Councilmember Elect Hansen left the meeting at 5:19 p.m. Finance Director Julie Ghetti joined the meeting at 5:53 p.m. Loy Councilmember Leger MOVED to convene the Executive Session at 5:03 p.m. and Vice Mayor Dickey SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). Councilmember McMahan MOVED to recess the Executive Session at 6:12 p.m. and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). AGENDA ITEM#2—RETURN TO REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Nichols called the meeting to order at 6:30 p.m. * INVOCATION—Fr. Dan Robling, Angelican Church of Atonement * ROLL CALL Present for roll call were the following members of the City Council: Mayor Nichols, Councilmember Kehe, Councilmember Leger, Councilmember McMahan, Councilmember Schlum, Councilmember Archambault and Vice Mayor Dickey. Interim Town Manager Kate Zanon, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. * MAYOR'S REPORT None. i z:\council packets\2008\r5-15-08\05-01-08 minutes.doc Page 1 of 11 SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (Presentations were made out of order but for clarity purposes are listed in the agenda order.) i) Department Division Information Overview of Services Provided — Senior Services (Kelley Fonville). KellEy Fonville, Senior Services Supervisor, addressed the Council and provided a brief overview of the services provided by the Senior Services Division. She discussed the makeup of the Senior Activity Team and noted the large number of volunteers that helped the division carry out their various responsibilities and activities and commended them on the wonderful job they did. She advised that a new Senior Membership Card was introduced in January and said that the members were becoming more familiar and comfortable with swiping their cards as they entered the Community Center. Since January they had averaged approximately 1,000 swipes per month. They ended with 1,042 members for 2007 and reported that they currently had 1,089 members so far this year. Available to the members are 30 monthly programs and activities to participate in and a number of new programs, including a Men's Discussion Group, Mah Jongg and Wii games. Discussion ensued relative to various day trips that took place,the fact that the trips were also open to the public and the fact that so far this year 49 trips were organized that had served 657 residents; two new community partners, Fountain View Village offers a program called "First Friday's at Fountain View" by which they reserve their theater for the Town's Seniors each month and members enjoy a lunch and a movie for just $5.00 and the Fountain Hills Unified School District, the school bus was reserved for the group's larger trips and this had resulted in a savings that they were able to pass on to the members; eight support groups were offered to both members and the public at no cost; a variety of free social services were made available on a monthly basis; social events; the home delivered meals program which serves approximately 35 clients a month - 365 free meals a year with the assistance of 150 volunteers; Senior Services Inc. a non-profit is also a community partner (underwritten meals, Bingo, Senior Net); the annual Health Fair was held in March and the Senior Activities Expo was held in January and a variety of other activities and programs developed and carried out by the Senior Services Division. Mayor Nichols and members of the Council thanked Ms. Fonville, the members of the Senior Activity Team and all of the volunteers who work so hard to provide the seniors in Fountain Hills with high quality, excellent services. ii) Presentation by the Mayor's Youth Council regarding school year activities. Kathy Worrell, who serves as one of the Town's Recreation Coordinators and who oversees the Mayor's Youth Council, addressed the Council relative to this agenda item. She said that they would highlight a PowerPoint presentation and provide a brief overview of the activities that the members of the Mayor's Youth Council had achieved this year and in prior years as well. Damon Hoey, Vice Chairman of the Mayor's Youth Council, advised that their Mission was to inspire students to take an active role in the community by helping to foster relationships, provide leadership opportunities and maintain the interest of future generations. Discussion ensued relative to the fact that the Youth Council learned leadership skills, served the community by working on community projects, served in leadership roles, made connections with other members of the community, networked with other teen throughout the State of Arizona, carried out fundraising activities and community projects such as litter collection and participation in a number of Town events. The members of the Mayor's Youth Council contributed over 1,200 hours of community service over the past year and since 2003 volunteered 5,200 hours. Ms. Worrell thanked Mayor Nichols for his ongoing support and presented "Mayor Wally," on behalf of the outgoing seniors and the entire organization, a plaque in appreciation for his commitment and service to the youth of Fountain Hills from 2003 to 2008. z:\council packets\2008\r5-15-08\05-01-08 minutes.doc Page 2 of 11 Mayor Nichols commented that he had found the Mayor's Youth Council to be a lot of fun over the years and said that two of his passions were the Town's youth and seniors. He thanked Ms. Worrell, Damon and the members of the Youth Council for their service to the Town. CALL TO THE PUBLIC Former Councilmember John Mc Neill addressed the Council and discussed the recent meeting that was held relative to adjusting the Town's impact fees. He said he found the presentation somewhat difficult to follow in that the fees were compared to several other towns in the Phoenix-Metro area but there was no sheet that provided a current calculation of the impact fees, what they are in Fountain Hills and how they compare in absolute dollars to other towns. He stated that they were described in a group of nine or ten, going from the third highest to the seventh highest and he believes that now the Town is the second or third lowest. He stated the opinion that it would be helpful to make that information available to the Council and to the public. Mr. Mc Neill also commented on an upcoming hearing relative to rezoning of the State Trust Land and said that there was a map in the newspaper but he could not tell what it said and so he looked on the Town's website to see if he could find a similar map but he could not find one. He requested information on how to find a good map that shows exactly what is being proposed. Mayor Nichols thanked Mr. McNeill for his comments. CONSENT AGENDA Mayor Nichols requested the removal of Consent Agenda Items #2 and #3 for placement on the Regular Agenda. He added that they would be the first two items discussed as part of the Regular Agenda. Lif AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM APRIL 15 AND 17,2008. AGENDA ITEM #2 — REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. AGENDA ITEM #3 — REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. AGENDA ITEM #4 — CONSIDERATION OF ACCEPTING A SCULPTURE FOR PUBLIC DISPLAY AS RECOMMENDED BY THE FOUNTAIN HILLS CULTURAL AND CIVIC ASSOCIATION. Councilmember McMahan MOVED to approve the Consent Agenda as listed(Items 1 and 4 with Items 2 and 3 placed on the Regular Agenda) and Councilmember Schlum SECONDED the motion. A roll call vote was taken with the following results: Councilmember Kehe Aye Councilmember Schlum Aye Councilmember Leger Aye Vice Mayor Dickey Aye Mayor Nichols Aye Councilmember McMahan Aye Councilmember Archambault Aye z:\council packets\2008\r5-15-08\05-01-08 minutes.doc Page 3 of 11 The motion CARRIED UNANIMOUSLY(7-0). REGULAR AGENDA '41) (Agenda Items #2 and#3 were removed from the Consent Agenda and placed on the Regular Agenda.) AGENDA ITEM #2— CONSIDERATION OF APPROVING A PURCHASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PHILIPS MEDICAL SYSTEMS FOR THREE (3) HEARTSTART ALS 12 LEAD MONITOR/DEFIBRILLATORS, UNDER THE CITY OF PHOENIX'S CONTRACT#IFB 07-131 IN THE AMOUNT OF$51,959.10. Fire Chief Scott La Greca addressed the Council relative to this agenda item and said that twelve years ago this month he had come to the Town of Fountain Hills to serve as its Assistant Chief Fire Marshall. He added that the three units that they proposed to replace were here twelve years ago as well. He noted that the company that manufactured the current model was no longer going to make this particular model beginning in 2009 so service parts and maintenance was going to be extremely difficult and unreliable. He stated that the current equipment was not the latest technology that their partners in the Valley were using or the hospitals where they transport citizens; they were using 12-lead technology and explained how that enhanced technology works. He noted that one of the most significant benefits was that they were able to transmit information to the hospitals and, if necessary, by-pass the emergency room and take the patients directly to the cath lab where they would receive advanced care. He said that by replacing the current 12-year old technology with the latest technology that was being used by the Town's partners, the Town of Fountain Hills would be "on par" with all of the departments in and around the area. He added that when the Town received a grant from Fort McDowell to buy two leads for the Mountain Trail rescue system, they had learned that they could buy the equipment from of Phoenix's contract at a 40% savings. That same contract addressed the heart monitors and the $51,000 listed on the agenda reflected a 40% savings. Chief La Greca requested that the Council approve the purchase of the advanced life-saving equipment and expressed his willingness to respond to any questions. Vice Mayor Dickey MOVED to approve the purchase agreement between the Town of Fountain Hills and Philips Medical Systems for three (3) Heartstart ALS 12 Lead Monitor/Defibrillators and Councilmember Kehe SECONDED the motion. Councilmember Kehe commented that at a time when many decisions relative to purchases were being questioned, this particular item was certainly an expenditure that was extremely worthwhile. He questioned how they could put a cost on a person's life. Councilmember Schlum thanked the Chief for his presentation and noted that they were replacing equipment that would no longer be manufactured. He stressed the importance of having updated equipment that could be properly maintained. Chief La Greca noted that the equipment was used on a weekly and sometimes on a daily basis. There were no citizens wishing to speak on this item and the Mayor called for a vote on the motion. The motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #3 — CONSIDERATION OF APPROVING A CONTRACT WITH CHRISTMAS LIGHT DECORATORS FOR CURB ADDRESS PAINTING IN THE AMOUNT OF$66,500.00. z:\council packets\2008\r5-15-08\05-01-08 minutes.doc Page 4 of 11 Interim Town Manager Kate Zanon stated that Public Works Director Tom Ward would address the Council relative to this agenda item and added that since this item also had public safety ramifications, representatives from both the Sheriff's Office and the Fire Department were available to respond to any questions the Council might have. Mr. Ward advised that this item had been discussed for a number of years - the fact that they did not have curb addresses painted. He added that the Town did have a "Dark Skies Policy" so streetlights did not exist in very many areas of the Town. He said that both public safety agencies were very supportive of having the house numbers painted on the curbs and stated the opinion that this represented a very worthwhile venture and recommended approval. He noted that Christmas Light Decorators did all of the Christmas lights on Avenue of the Fountains. Councilmember Archambault MOVED to approve the contract with Christmas Light Decorators for curb address painting and Councilmember Kehe SECONDED the motion. In response to a question from Councilmember Archambault, Mr. Ward clarified that the Town would be saving $13,250 because the bid came in much lower than the budgeted amount. He added that this was a one-year contract and all of the curb addresses would be painted during the one-year period of time. Councilmember McMahan commented on the fact that they used to have the Boy Scouts do this work as well as the Fire Department but added that they did not have that many structures at that time. He said that it worked out to approximately $7.00 per structure and stated the opinion that this work was really needed because the older curb markings had deteriorated. He stated that this standardized process would make it much easier for properties to be identified and spoke in support of the proposal. Councilmember Kehe said that this would greatly assist in the public safety area and would help residents in low locating homes. He also supported the item. There were no citizens wishing to speak on this item and the Mayor called for a vote. The motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #5 — CONSIDERATION OF APPOINTING COMMISSIONER PEG TIBBETTS AN EX-OFFICIO MEMBER OF THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION. Parks & Recreation Director Mark Mayer addressed the Council relative to this agenda item and said that Ms. Tibbetts had served the Town of Fountain Hills in a variety of capacities over a number of years. He added that it was the desire of the current McDowell Mountain Preservation Commission and the Mayor and Council that she was recognized for her numerous contributions to the Town. He noted that her son, Mr. Bill Tibbetts, was present at the meeting this evening and added that they had prepared a plaque to present to her in recognition of her contributions not only to the McDowell Mountain Preservation Commission but to the Town Council and others. Mayor Nichols stated that at this time he would entertain a motion to appoint Commissioner Peg Tibbetts an Ex- Officio member of the McDowell Mountain Preservation Commission. Councilmember McMahan MOVED to appoint Peg Tibbetts as an Ex-Officio member of the McDowell Mountain Preservation Commission and Councilmember Kehe SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). z:\council packets\2008\r5-15-08\05-01-08 minutes.doc Page 5 of 11 Mayor Nichols read the plaque and presented it to Ms.Tibbetts' son to give to his mother. The Mayor requested that Mr. Tibbetts relay the Town's appreciation to her and let her know that all of her friends in Town believed she was an integral part of Fountain Hills. AGENDA ITEM #6 — PUBLIC HEARING TO RECEIVE COMMENT ON ORDINANCE #08-01, AN AMENDMENT TO CHAPTER 10 OF THE FOUNTAIN HILLS ZONING ORDINANCE INCREASING THE ALLOWABLE LOT COVERAGE IN THE R1-43 ZONING DISTRICT FROM 15 PERCENT TO 20 PERCENT. CASE#Z2008-02. Mayor Nichols declared the public hearing open at 7:00 p.m. Director of Planning & Zoning, Richard Turner, addressed the Council relative to this agenda item. He stated that this change to the Zoning Ordinance was proposed by the Strategic Planning Advisory Commission (SPAC) as part of their Revenue Solutions Package. Its purpose was to increase the coverage allowance for R1-43 zoned lots from 15% to 20%, thereby allowing larger homes to be built on the lots and increasing the revenue the Town would receive in permit fees. The Town would also realize more sales tax revenues since more materials would be used in the construction of the larger homes. These increases would amount to a one time revenue enhancement. Larger homes would also generate more property tax revenue if the Town were to approve a property tax. Property tax revenue would be an ongoing revenue source. Mr. Turner reported that there were 439 vacant lots that were zoned R1-43 with most of them located in Eagles Nest, Adero Canyon and portions of Firerock. He estimated that the average increase in permit revenue, as a result of the 5% increase in lot coverage, would be about $3,335 a lot (this assumed that each builder would maximize the increased lot coverage). The total revenue to the Town could be as much as $1,464,000; however, it might be a while before all of the R1-43 lots were developed. Last year staff reviewed permits for only 12 homes on R1-43 lots. He said that there might be some concerns about the negative impact that an increase in lot coverage might have on land disturbance. The Town's disturbance regulations were based on the slope of property and were not directly related to lot coverage. An increase in lot coverage would mean that larger homes would be built on R1-43 lots but the disturbance regulations would limit construction on lots in steep terrain based on the slope of the property. Mr. Turner noted that the existing 15% lot coverage allowed 6,534 square feet of building footprint on an R1-43 zoned lot of one acre in size. With an increase of 5%, a larger home with an 8,712 square foot footprint could be built on that same one acre lot. Increasing the R1-43 lot coverage would make the Town's regulations more consistent with similar regulations of other nearby communities. Existing lot coverage regulations allow larger homes to be built on R1-35 zoned lots than on the R1-43 zoned lots even though the R1-35 zoned lots were smaller. This was because the lot coverage in R1-35 was already at 20%. Increasing the allowed lot coverage in R1-43 zoning would be a logical change and reflected current market trends. Mr. Turner stated that on April 10, 2008, the Planning & Zoning Commission heard the SPAC's recommendation and unanimously voted to recommend approval to the Town Council. Staff also recommended approval of the ordinance. In response to a question from the Mayor, Town Clerk Bev Bender advised that two citizens wished to address the Council relative to this agenda item. John McNeill addressed the Council and urged them to"look long and hard"before approving this proposal. He said that he served on the Council several years ago and that they had approved a deal with MCO that allowed the Town to acquire about 400 acres for the permanent Mountain Preserve. At the time they did that, they knew what the lot coverage rules were and they knew that with the subdivision plans that were being put before them and the existing R1-43 zoning, 15% lot coverage was the most they would ever see up in the mountain z:\council packets\2008\r5-15-08\05-01-08 minutes.doc Page 6 of 11 subdivisions. This proposal represented a substantial increase in the amount of house that would be seen forever by people who were visiting the Mountain Preserve and that was not what they had in mind; they wanted to keep as much open space as possible, not only in the land they were purchasing but also in the land that was going to be developed. He asked the Council to protect the views and requested denial. Philip Gaziano addressed the Council and said when the land was platted, if they had understood that land values would triple or quadruple, he believed they would have re-thought whether or not to have the 15 or 20% lot coverage on lots that were one acre where only a very small portion could be used to build a home. He said that this was the second phase of revenue solutions that would be non-invasive as far as the residents were concerned. It would allow the Town to generate more revenue that would be paid by a majority of non- residents. He added that the impact on the lot was minimal; the building envelope would not change or the area of disturbance. The only thing that would happen was that they could build a builder home but it might be in the form of another garage or a covered patio, something along that line where everything was in the footprint right now. That meant that the living space was kind of small and limited the amount of investment dollars. He said that the people who bought this land had a real detriment; they could not use the land for the best purpose. He stated the opinion that larger homes on those lots would not disturb the view of the Preserve because it was above the entire development. Mayor Nichols thanked the speakers for their comments. There being no additional citizens wishing to speak, the Mayor declared the public hearing closed at 7:12 p.m. AGENDA ITEM#7- CONSIDERATION OF ORDINANCE#08-11,AN AMENDMENT TO CHAPTER 10 OF THE FOUNTAIN HILLS ZONING ORDINANCE INCREASING THE ALLOWABLE LOT COVERAGE IN THE R1-43 ZONING DISTRICT FROM 15 PERCENT TO 20 PERCENT. CASE (L., #Z2008-02. Councilmember Leger MOVED to approve Ordinance#08-11 and Councilmember McMahan SECONDED the motion. In response to a question from Councilmember Archambault, Mr. Turner advised that the lot coverage did not specifically relate to the disturbance calculations. Vice Mayor Dickey asked if staff had received any protests or opposition to this when it came up or correspondence from neighbors, community members or property land owners or builders who would benefit from this. Mr. Turner informed the Council that he was not aware of a lot of correspondence being received in opposition to the proposal. He said that there were some questions and concerns that staff had addressed. Mr. Turner confirmed that the proposed ordinance would allow the building footprint to increase in size by approximately 2,200 square feet. Councilmember Kehe referred to the last paragraph in the Staff Report under Risk Analysis and said it appeared that whether they did this or not, a significant amount of revenue would not be generated. Mr. Turner replied that this was part of the solution but was not the overall solution. He stated that he would not say the amount of money would be insignificant but added that it would not be a major source of revenue. Councilmember Kehe said that he had some doubts regarding this issue, one having to do with the amount of money that would be generated and the other having to do with associated environmental impacts. He advised that he would be more comfortable increasing the lot coverage to 17% rather than 20% and said that this would Lw. increase the allowable home size from 6,450 square feet to 7,310 square feet and that would be closer to what z:\council packets\2008\r5-15-08\05-01-08 minutes.doc Page 7 of 11 was now allowed in the R1-35 zoning districts. He indicated that following input from other members of the Council, he would put forward an amendment to the motion to that effect. Vice Mayor Dickey commented on the fact that this was one of several options proposed by the SPAC. The Planning&Zoning Commission had unanimously recommended approval and staff had recommended approval. She expressed concern that it appeared that only one property owner owned a majority if not all of the lots so that was more of a concept of doing something that seemed specialized. However, looking at the origin of the recommendation, she stated that she could probably support it as is. Mr. Turner responded to a series of questions from Councilmember Leger relative to lot coverage and revenue generation as well as the fact that there is no R1-43 zoning on the State Trust Land. Councilmember Leger also noted that this issue had been given a lot of consideration by a lot of groups and stated the opinion that it was a logical approach. He added that he has talked to property owners, contractors, and neighbors who had lots adjoining to them and they were not opposed to the proposal. He noted that the entire process had been an open one and had not received any significant objections. He indicated support for the ordinance and expressed the opinion that it would be mutually beneficial to property owners and the Town as far as opportunities for enhanced revenue. He noted that this was one of many solutions that had been recommended by the Committee. Councilmembers McMahan and Archambault also spoke in support of the motion. Mayor Nichols said that he had a lot of respect for the Planning&Zoning Commission and they had spent much time studying these items. He added that when they unanimously recommended something he took the recommendation seriously. He stated that the Town also has a very professional staff and when they recommended something he listened as well so he too would support the motion. Councilmember Kehe reiterated his concerns regarding environmental impacts and added that his amendment has nothing to do with his respect for the SPAC,the Planning&Zoning Commission or staff. Councilmember Kehe MOVED to amend the motion to revise the ordinance to increase the allowable lot coverage in R1-43 Zoning District from 15% to 17%. The motion DIED for lack of a second. Councilmember Schlum said that one thing that was not mentioned was the fact that allowing greater square footage of a home reduced the requirement for them to go to a second story and many people want bigger homes. This would provide those citizens with more flexibility and allow them to live in a one-story home and not impact the views by having to build a two story. The Mayor asked for a vote on the main motion. The motion CARRIED by majority vote(6-1, with Councilmember Kehe voting Nay). AGENDA ITEM #8 — CONSIDERATION OF AN EMPLOYMENT AGREEMENT WITH RICHARD DAVIS FOR THE POSITION OF TOWN MANAGER. Mayor Nichols MOVED to approve the Employment Agreement with Richard Davis for the position of Town Manager as reviewed during the Executive Session and Councilmember Schlum SECONDED the motion. Town Attorney Andrew McGuire explained that the Council had before them the latest version of the contract (Version#5) and indicated his willingness to respond to any questions from the Council. z:\council packets\2008\r5-15-08\05-01-08 minutes.doc Page 8 of 11 There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY(7-0). Mayor Nichols stated that the Council was very pleased that they were able to come to an agreement with Rick Davis. He said that Mr. Davis will assume his position as Town Manager on July 7t1i of this year. He stated the opinion that Mr. Davis was very highly qualified and would be an asset to the Town. He noted that the entire hiring process was an open one and thanked everyone involved for their hard work. AGENDA ITEM #9 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE FOUNTAIN HILLS' MCDOWELL MOUNTAIN PRESERVE ACCESS. Councilmember Schlum requested that this item be tabled. He said that a meeting was being scheduled with MCO next week to discuss this matter further. Councilmember Schlum MOVED to table this item and place it on the agenda of the May 15th meeting and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #10 — PROGRESS REPORT ON THE ESTABLISHED ITEMS OF COUNCIL BUSINESS: A. DEVELOPMENT FEES ADJUSTMENT Ms. Zanon advised that they were still on track for the May 15th meeting. c(ibe B. DOWNTOWN DEVELOPMENT AGREEMENT/C-2 ZONING TO TCCD Ms. Zanon reported that conversations were still taking place with the development team. Their last meeting was April 14th and as far as she knew the project was still moving forward. C. ENVIRONMENTAL POLICY Ms. Zanon said that this project was also on track for May 15th and would come before the Council at the next meeting. D. GENERAL ACCESS TO THE MOUNTAIN PRESERVE Ms. Zanon stated that this topic had already been discussed. E. PREPARING A SOUND TOWN FINANCIAL FUTURE Ms. Zanon noted that the video and the brochure both continued to be available. The video was still being played on Channel 11 and the website was being viewed. The educational information was available. Early voting would be available at Town Hall in the downstairs lobby from 8:00 a.m. to 5:00 p.m. until 5 p.m. on May 16`''. As of the close of business on April 29`h, 5,901 early ballots had been mailed in and of those, 2,678 had been returned(they were approaching the half-way point). F. STATE TRUST LAND/ELLMAN DEVELOPMENT AGREEMENT z:\council packets\2008\r5-15-08\05-01-08 minutes.doc Page 9 of 11 Ms. Zanon reported that the most recent meeting with that team took place on April 17th so staff continued to meet with them. The Planning & Zoning Commission was to hold their public hearings with regard to their General Plan Amendments on May 5`s and 6t. The Council was to hear that application on May 15t. G. TOWN HALL WATER FEATURE AT AVENUE OF THE FOUNTAINS AND LA MONTANA DRIVE Ms. Zanon advised that as of Monday, the two bronze pieces were scheduled to arrive between May 12th and May 15th so they should be on track to get that project completed on time. H. TRAFFIC CONTROL AT AVENUE OF THE FOUNTAINS AND SAGUARO Ms. Zanon advised this item was completed at the last Council meeting. Councilmember Kehe commented on Item F, the State Trust/Ellman Development Agreement, and said that he was sure that Mr. Turner's office was aware of the fact that the people who lived in the area of Boulder & Richwood were not at all happy with the proposed General Plan Amendment. He stated that he was speaking on their behalf because they had spoken to him. He said that they were very much concerned about an increase in traffic. The Ellman Company had indicated that a majority of traffic would come down Fountain Hills Boulevard but that was not what the people in that area believed. He expressed the opinion that the sooner they addressed those concerns the better. He added that there was a "glimmer of hope" - Bluejay and Pelican - and if they could make that more than a quarter inch arrow off of Glenbrook and make those true entryways, it would reduce the traffic pressure on Boulder&Richwood. He said that this issue was going to come up and he wanted everyone to be aware of it and be thinking about how to solve the problem. Councilmember McMahan asked whether this change had to go to a vote of the public. Town Attorney Andrew McGuire explained that this General Plan Amendment was a Major General Plan Amendment, which under the 2002 voter-approved version of the General Plan allowed for Major General Plan Amendments once a year. They had conducted two so far and they had been on the same piece of property (in May and June of each year). This General Plan Amendment would not go to the voters; the only time it would go back to the voters again would be for the 10-year re-authorization, which would be sometime between now and 2012. Councilmember Leger said that he had heard the same arguments about mitigating traffic and asked Councilmember Kehe if his notion was to take existing cul-de-sacs and make them through streets. Mayor Nichols noted that this item had not been agendized and cautioned against further discussion. Councilmember Leger replied that he was just looking for some clarification as to what Councilmember Kehe was saying. Councilmember Kehe stated that Bluejay and Pelican were short arrows about a quarter inch long whereas Boulder and Richwood were long roads leading into the project. Councilmember Leger said that he was then proposing to open up cul-de-sacs. Councilmember McMahan stated that he believed Pelican had an opening. Mr. McGuire advised that a full presentation on this matter would be forthcoming. He added that in terms of traffic circulation, he could provide one general comment—there was an additional traffic outlet to the south in this General Plan Amendment that did not exist under the General Plan today. This amendment added an outlet to the south. AGENDA ITEM#11—SUMMARY OF COUNCIL REQUESTS BY INTERIM TOWN MANAGER. Councilmember Archambault said that he wanted to verify that staff would make sure that former Councilmember McNeill's comments regarding the State Trust Land rezoning information on the website was „id) z:\council packets\2008\r5-15-08\05-01-08 minutes.doc Page 10 of 11 followed up on so that navigation was easier. He would also like staff to provide the additional information relative to the impact fees that was requested. Ms. Zanon added that she would also address the Town's development fees more clearly at the presentation on the 15th relative to how Fountain Hills relates to other communities. (It was clarified that Mr. McNeill wanted to know what the Town's fee structure was now.) Councilmember Schlum stated that the staff report showed how the Town compared both before and after. The Mayor added that staff had already talked with Mr. McNeill in an effort to assist him in finding the information he was seeking. AGENDA ITEM#12—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) directing staff to conduct further research and report back to the Council. A. NONE AGENDA ITEM#13-ADJOURNMENT Councilmember Schlum MOVED to adjourn the meeting and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meetin; adjourned at 8:45 p.m. TOWN OF OU / AIN HILLS By A� IA ____it Wally c ► s, r . ror ATTEST AND PREPARED BY. 06066 Bevelyn J. r,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive and Regular Session held by the Town Council of Fountain Hills on the 1st day of May 2008. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of May 2008. Bevelyn J. e /er,Town Clerk L z:\council packets\2008\r5-15-08\05-01-08 minutes.doc Page 11 of 11 j