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HomeMy WebLinkAbout2014.0501.TCREM.Minutesz:\council packets\2014\r140605\140501m.docx Page 1 of 16 TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 1, 2014 EXECUTIVE SESSION * CALL TO ORDER Mayor Kavanagh called the Executive Session to order at 5:30 p.m. in the Fountain Conference Room - 2nd Floor. AGENDA ITEM #1- ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. §38-431.03(A)(4), 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, NEGOTIATIONS WITH THE DEVELOPER REGARDING ADERO CANYON.) ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor Linda Kavanagh, Councilmember Ginny Dickey, Councilmember Dennis Brown, Councilmember Yates, Councilmember Elkie and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew McGuire, and Town Clerk Bevelyn Bender were also present. Councilmember Yates MOVED to go into Executive Session at 5:30 p.m. and Councilmember Dickey SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #2 - ADJOURNMENT. Without objection, the Executive Session adjourned at 6:15 p.m. REGULAR AGENDA * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:36 p.m. in the Town Hall Council Chambers. * INVOCATION – Pastor Stan Jones, Fountain Hills Presbyterian Church * ROLL CALL Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Councilmember Ginny Dickey, Councilmember Dennis Brown, Councilmember Cecil Yates, Vice Mayor Hansen, Councilmember Elkie and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. * MAYOR’S ACTIVITY REPORT See below under the Mayor's remarks relating to Economic Development. z:\council packets\2014\r140605\140501m.docx Page 2 of 16 SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (Items on the agenda were discussed out of order but for purposes of clarity will remain as listed on the agenda.) i) The Mayor may review recent events attended relating to Economic Development. The Mayor announced that she will combine both reports (the Mayor's Activity Report and the update on recent events relating to Economic Development) in the interest of saving some time. Mayor Kavanagh stated that no big issues were discussed at the MAG (Maricopa Association of Governments) meeting. She said that the meeting updated the attendees on some new features made to the interactive maps that the Town has already started to use. She advised that these online maps will save time gathering data about Fountain Hills and the surrounding area that can be used by their Economic Development Director, Scott Cooper. She noted that there are also improvements to the business-to-business interactive maps that the business community can take advantage of. She reported that there was an update by Amy St. Peter, who directs the senior transportation issues, and added that at her request Amy came out to Fountain Hills and met with Ken Buchanan and staff to offer her expertise in this area. She said that she has pledged to work with the Town as they try to find more transportation options for their seniors and disabled residents. She emphasized that they need to take advantage of any services offered by organizations such as MAG and added that their tax dollars pay for the studies and their staff and they have offered help at any time to assist the Town. She further stated that MCSO (Maricopa County Sheriff's Office) held its quarterly meeting and the news was good as far as crime being low in Town as opposed to many areas in the Valley. She stated that the Captain also detailed the new Federal guidelines that his deputies must follow. She advise d that residents are still concerned about the speeding on the roads and brought that issue up once again. She noted that the Noon Rotary had as its guest County Attorney Bill Montgomery, who brought the group up -to-date on the operation of his new office, new programs he's initiated and his office's success in reducing crime. The Mayor advised that it was a great complement to the MCSO report. She reported that the bronze sculpture, Fred and Ginger, donated by Town residents Walter and Betty Martin was dedicated and turned over to the Town. She further stated that the L. Alan Cruikshank River of Time Museum had the opening of its new Ranching Exhibit. She reported that their own resident, famous western artist and historian Carlos Hadaway, also known as "The Arizona Kid," dazzled the crowd with his stories about the old P-Bar Ranch that was located right here before Fountain Hills existed and the ranching history of the surrounding areas. ii) Recognition of State Representative John Kavanagh for being awarded the Arizona League of Cities and Town's Champion Award. Mayor Kavanagh announced that Rene Guillen, the Legislative Director for the League of Arizona Cities and Towns , was present and introduced him. Mr. Guillen advised that every year the League recognizes Legislators who are sympathetic or represent their cities and towns and vote in ways that help to ensure that the cities and towns remain vibrant and successful in Arizona. He said that in 2013 tax reform (TPT reform) was a critical iss ue for cities and towns and was probably one of the ten poll issues that they faced in recent memory. He stated that towns like Fountain Hills in particular were at risk of losing significant revenue streams because of some of the proposed changes. He reported that thankfully they were able to adopt reforms that were meaningful and also preserved those revenue streams that cities and towns rely on. He advised that Representative Kavanagh was a paramount aspect of their efforts on that bill and the two of them spent countless hours discussing strategies, providing outreach and education to Legislators, etc. He noted that given the importance of the issue and their ability to have Representative Kavanagh as a Legislator that they can go to and who has an "open door" policy, he is very pleased to present Representative Kavanagh with the 2013 Champion of the League of Cities and Towns Award (Mr. Guillen presented Representative Kavanagh with the award). State Representative John Kavanagh expressed his appreciation to the League of Cities and Towns for this honor and stated that he spent three years on a Town Council back east and he spent six years on the Fountain Hills' Town Council so he is certainly cognizant of the issues and concerns of the Town Council. He added that on the "biggies" he tries to be there for the Town and it worked out very well and also expressed his appreciation to the Council. z:\council packets\2014\r140605\140501m.docx Page 3 of 16 Mayor Kavanagh thanked the League for keeping the Town up-to-date on all the bills and for all the Monday telephone calls. She said that they really did a fabulous job and she looks forward to the League Conference this summer. CALL TO THE PUBLIC Town Clerk Bev Bender stated that one citizen wished to speak under this agenda item. Linda Bordow addressed the Council and said that she wanted to address something that was going around on Facebook and the Fountain Hills' Connection. She advised that there were a lot of people saying the trees went down at the Fountain and some of them were shocked and acted like they had not heard about this before. She noted that a lot of them said that the Council was not doing a good job of informing the public and she said that she responded on Facebook and wrote about all of the things that the Council is required to do to notify people. She added that she encouraged the residents and others who have an interest in what is going on in Town to log into the website (fh.az.gov), pull up the meeting minutes and look at what is going on in the Town. She stressed that it is real ly up to the residents to find out what is going on in Town and stated that they can read the packets too and see all of the information on the different items. She added that then they can voice their opinions like people are going to do at the public hearings that will be held later on in the meeting. She said it is important for people to voice their concerns before items are voted on. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM APRIL 17, 2014. AGENDA ITEM #2 - CONSIDERATION OF A FINAL REPLAT AT 15552, 15538 & 15524 E. PALATIAL DRIVE; AKA PALATIAL ESTATES LOTS 17, 18 & 19 (APN'S 176-13-975, 176-13-976, 176-13-977). AGENDA ITEM #3 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION SUBMITTED BY JOHN HOSOO PARK, OWNER/AGENT OF KATANA, LOCATED AT 16425 E. PALISADES BLVD., SUITE 103, FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES 12 LICENSE (RESTAURANT). Councilmember Yates MOVED to approve the Consent Agenda as listed and Vice Mayor Hansen SECONDED the motion. A roll call vote was taken with the following results: Mayor Linda Kavanagh Aye Councilmember Ginny Dickey Aye Councilmember Dennis Brown Aye Councilmember Cecil Yates Aye Vice Mayor Cassie Hansen Aye Councilmember Tait Elkie Aye Councilmember Henry Leger Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM #4 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE POTENTIAL TO COMBINE THE COMMUNITY SERVICES DEPARTMENT'S ADVISORY COMMISSIONS. z:\council packets\2014\r140605\140501m.docx Page 4 of 16 Town Manager Ken Buchanan advised that during the January Retreat, staff was directed to look into some consolidation for the Town's advisory boards. He added that Mr. Mayer was charged with reviewing this with a number of the Chairs of the Commissions and he has a report to present to the Council tonight. Community Services Director Mark Mayer addressed the Council relative to this agenda item and reiterated that staff was charged to work with the various commissions that they are responsible for -- the Community Center Advisory Commission, the Senior Services Advisory Commission, the Parks & Recreation Commission and the McDowell Mountain Preservation Commission to see if their feelings mirrored those of Town staff as far as the possibility of doing some consolidation. He said that staff did meet several times with the Commission Chairs and reached the consensus that they were supportive of the recommendations presented by staff with one caveat -- the McDowell Mountain Preservation Commission was agreeable to combining with the other Commissions but wanted to wait until the trailhead in Adero Canyon was developed or until December 31, 2017, whichever came first. He added that after that last discussion, staff approached each of the Commissions individually and brought this potential topic to them. He stated that he is pleased to report that each of them voted unanimously to support staff's recommendations as presented. Mr. Mayer further stated that he is there this evening basically for two things: 1) Direction from the Council on the possibility of taking this information back and working with the Town Attorney to come back with a resolution (for the consolidation of the Commissions as outlined) that would be considered by the Council at their June 5th meeting; and 2) That staff develop a new set of by-laws that would address the responsibilities of the newly-created Community Services Advisory Commission's scope and their role, which would also be brought back at the June 5th meeting for the Council's consideration. Mr. Mayer briefly highlighted a PowerPoint presentation on this issue (Copy available on line and in the office of the Town Clerk) and indicated his willingness to respond to questions from the Council. He also said that he believes most of the Commissioners are present this evening. Mayor Kavanagh advised that she has really been in favor of this not only because of the staff time that was being used but also because she heard from many of the Commissioners that in the smaller Commissions they did not have a lot to do and they just wanted to do more. She stated her belief that this will generate more interest. Councilmember Leger said that he knows this is something that Mr. Mayer has been looking at for years and he put together a tremendous process. He thanked him for the great job he did on putting this all together. Councilmember Leger MOVED to direct staff to work with the Town attorney to prepare a resolution for Council consideration at their June 5th meeting and to prepare by-laws for the new Community Services Advisory Commission and Councilmember Elkie SECONDED the motion. There were no citizens wishing to speak on this item. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #5 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING PHASE VI OF THE IMPROVEMENTS TO FOUNTAIN PARK SPECIFIC TO BOLLARDS ALONG THE SIDEWALK AND SIGNAGE. Mr. Buchanan advised that they previously reviewed the final phase (Phase VI) of the improvements to Fountain Park and staff was directed to bring back a few items for further discussion and consideration (the lighting of the path, the type of bollards to be used and the signage). Mr. Mayer addressed the Council relative to this agenda item and said that at the last meeting there was discussion about the contract for the park's next and final phase (Phase VI). He noted that there were two items that led to some discussion -- staff was asked to come back and bring some additional information on those items before the Council. z:\council packets\2014\r140605\140501m.docx Page 5 of 16 He said the first item that had some discussion was the size and type of bollards that would be used along the sidewalk and referred to a cut sheet, part of the presentation (Copy available on line and in the office of the Town Clerk) that was provided by the architect that depicted the proposed bollard. He reported that it is a relatively small 42" high bollard, but most importantly it is aluminum construction, which is basically impervious to salt water. He stated that it is designed for salt environments, beach settings and coastal areas. He noted that staff has been looking at one other type that might be substituted for this one and that is a stainless steel model for the same salt-related reasons. Mr. Mayer further stated that secondly, there was some discussion about signage and he referred to slides in the presentation depicting proposed signs. He reported that three signs are being proposed and they have been trying to come up with a scenario whereby they could blend to the extent possible, a potential sign into the monument signs that are also being proposed. He added that they also asked the architect to take a look at what they could do to soften the outline of the signage and again referred to the renderings. He discussed signage sizes, proposed locations and lettering and said that because of the number of events the Town had this spring; it was a real good opportunity to get some feedback from some people. He advised that he was amazed at the number of people who walked by and asked questions about activities in the park because they weren't aware of them. He added that the sign would shut down at 10:00 p.m. and indicated his willingness to respond to any questions. In response to a question from the Mayor, Mr. Mayer reported that that the sign is actually curved and it was proposed to be at a 45 degree angle at the southeast corner of that intersection on Saguaro and Palisades. Councilmember Yates said that when Mr. Mayer states that the sign would turn off at 10:00 p.m. he means it would go to static -- there would just be a shingle on there, whether it be "Fountain Park" or the nex t event and Mr. Mayer concurred with that statement and added that he believes they also have the capability of making it go black. He stated that if Council would prefer that, staff would take care of it. Vice Mayor Hansen advised that here only concern is that at 11 to 12 feet it would be sticking out like a sore thumb (very high). She asked if there was a reason they are proposing that height, such as visibility. Mr. Mayer replied that visibility was part of the concern and also they wanted to put so me vegetation around the back that would block that a little bit. He added that because it is a little bit of a distance into the park they wanted to raise it up so regardless of what corner people are coming from or the distance they are traveling from, it would be pretty visible. Councilmember Brown commented that he likes everything that is being presented but said it looks like a big, giant TV and he thinks the monitor itself could have a little more design put into it so it didn't look just like a TV mounted on top of a sign. He said he also thinks that staff could do a little mock up and show the Council what 11 feet looks like in a large open space because in a large open space he doesn't feel that it will be as high as it would be against a building (a small mock up might put the Council at ease). Councilmember Leger said that he will refer to the Fountain Park sign as the monument Sign and then they also have the LED sign. He asked what the costs were for both the monument and LED signs. Mr. Mayer reported that the monument sign cost $60,000 and the LED sign cost $30,000. Councilmember Leger expressed concern regarding the costs in view of the other needs that he sees at Fountain Park. He further stated that he is not a proponent of LED signs in the Downtown area and added that he believes they add an ambiance that is not characteristic of the park and their natural environment. He pointed out that the one they do have is constantly creating havoc and feedback from the residents and he feels that the $66,000 could be spent in a better way. He added that the monuments signs are extremely attractive. Councilmember Elkie advised that he too would like to see a little bit more on this and said that he is not a proponent of LED signs. He added that he is not in favor a large LED sign of that sort because he thinks it would take away part of the ambiance of the park. He noted that they had previously discussed having something over by the Veterans Memorial so he would like to see more before they move forward with this. z:\council packets\2014\r140605\140501m.docx Page 6 of 16 Councilmember Elkie MOVED to table this agenda item for future discussion. Councilmember Dickey asked whether they could make a motion just for the bollards and Mayor Kavanagh said yes. Councilmember Dickey MOVED to approve the style of bollard as recommended and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). Councilmember Elkie said he didn't need to make a motion at this point because they passed a motion on the bollards and staff has some direction (WITHDREW his motion). There were no citizens wishing to speak on this item prior to the final vote. Mr. Mayer stated that ultimately if the Council is still concerned about this issue, one of the suggestions that was made was that eventually they could stub in the lines for a screen in the future and then if the Council changed their minds in down the road they would be in a position where they wouldn't have to trench and do those kinds of things. He noted that that is something for the Council to consider when he brings something back on this item. AGENDA ITEM #6 - PUBLIC HEARING TO RECEIVE COMMENTS ON RESOLUTION #2014-07, A PROPOSED MINOR AMENDMENT TO THE TOWN OF FOUNTAIN HILLS GENERAL PLAN 2010 TO REVISE LAND USE AND INCREASE THE NUMBER OF DWELLING UNITS WITHIN THE 80-ACRE PAD ZONING DISTRICT IN THE ADERO CANYON MASTER PLANNED RESIDENTIAL DEVELOPMENT. CASE #GPA 2013-01. Vice Mayor Hansen declared a potential conflict of interest at on Items 6 through 12 at 7:08 p.m. and left the Chambers for the remainder of the June 5th meeting. Mayor Kavanagh announced that there will be one Staff Report for Items 6 through 12 but separate motions will be required on each action item (7, 8 10, 11 & 12). Mayor Kavanagh declared the public hearing open at 7:52 p.m. Senior Planner Bob Rodgers addressed the Council relative to Agenda Items 6 through 12 and said that the presentation will cover the five applications that are on the agenda this evening regarding Adero Canyon, which includes the Minor General Plan Amendment, the Amended & Restated Settlement Agreement, P.A.D. - Preliminary Master Plat - Parcel 1 Preliminary Plat. He briefly highlighted the presentation (Copy available on line and in the office of the Town Clerk) as follows: * Location of Property * Minor General Plan Amendment * Amended & Restated Settlement Agreement & Associated Issues * Preliminary Master Plat * Planned Area Development (Adero Canyon P.A.D.), Existing & Proposed Zoning * Adero Canyon P.A.D. * Parcel 1 Preliminary Plat * Phasing Plan (Two Phases) Mr. Rodgers stated that the Planning & Zoning Commission was unable to come to conclusions or forward a recommendation regarding the proposals due to a deadlock (tie votes). He said that the minutes of the Planning & Zoning hearings have been included in the packets. He added that due to that, the default recommendation by ordinance to deny the applications has been entered into the record. He advised that staff recommends approval of the five Adero Canyon items as presented, subject to the stipulations outlined in the Staff Report. He further stated that the applicants wish to make a presentation. Jeremy Hall, President of MCO Properties, addressed the Council and informed them that Adero Canyon LLC is the applicant for this project. He thanked staff for their hard work and for entertaining some new concepts, new ideas and some progressive things with an open mind. He added that both sides are happy with the proposal before the Council z:\council packets\2014\r140605\140501m.docx Page 7 of 16 and proud to present it this evening. He advised that they are here to change the plan for Adero Canyon which was devised 15 years ago and pointed out that the demand for high end custom home sites has imp roved slightly since the recession but demand is still down. He noted that everyone wanted this project to commence years before now and for various reasons, mostly economic, they have not been able to do so. He reported that one reason is that the produ ct in Adero Canyon is the same as the product in Eagle's Nest so therefore one project had to complete before the next project started. He said that they have about 100 plus lots in Eagle's Nest and about 40% of the project is still unsold and partially yet to be developed. He reported that a year ago they started looking at this and said perhaps they need to rethink it because the market definitely has changed in 15 years, even the market for very affluent custom homes has changed (they don't see the 10,000 and 8,000 square foot homes coming to Design Review like they used to). He said there is still a market for high quality homes but much smaller homes. He added that the recovery they hear about is not in the high-end market, it is in the low-end market and that was really the impetus to start and rethink this, resolve outstanding issues and get something going that doesn't necessarily have to follow Eagle's Nest. He advised that they have right sized the development and it is now at a density and product mix that is very similar to what has been approved in Town over the last 20 years (he referred to a chart that depicted average densities). He informed the Council that he has met with representatives of all the major residential HOAs around Adero Canyon, which is surrounded by the Copperwynd Resort, multi-family housing, high density multi-family, higher density production housing, a golf community and custom homes and all of those elements are in this project. Mr. Hall introduced his team, Jeff Denzak with Swaback Partners, Paul Gilbert, their land use attorney, Jeff Nielson with Toll Brothers, which has committed to taking down a substantial number of semi-custom residential lots at the beginning of this project and Neal Ginsberg, with the ownership of Copperwynd. He said that all of the team members will be happy to respond to any questions from the Council and thanked them for the opportunity to address them. Mr. Denzak addressed the Council and provided brief background information on him and Swaback Partners and stressed that they continue to work on a wide variety of projects all over Arizona, in the Southwest, across the U.S. and abroad. He informed the Council that this evening he would like to talk about design and emphasized that they don't want to get stuck in the pattern that they see so frequently in the Valley, they want to create timeless architecture that is related to the desert. He referred to the informational exhibits/illustrations displayed on the wall of the Council Chamber and discussed them and the proposed strategy for Adero Canyon (the illustration showing the townhomes is exactly the type of product/design they love). He said that they believe that this project could be a great jewel for the community. Paul Gilbert addressed the Council and said that they have had very rigorous and thoughtful discussions with the Town Attorney, staff and the Town Manager and he thinks it has resulted in a win-win plan for everyone. He stated that a major item that the Council will consider is the P.A.D. Application and advised that they are seeking a zoning modification for the four following reasons: (1) There are more people who want less land a turnkey lifestyle; (2) If people want a large lot for a custom home, they have them and can people can reserve those opportunities; (3) This will provide an opportunity for the trailhead to have access through Adero canyon; and (4) Immediately south of Adero Canyon is the Copperwynd Resort, a very fine resort but one that needs more rooms to reach its potential (they are proposing a land use that could accommodate 120 additional rooms or condominiums, should Copperwynd choose not to expand). Mr. Gilbert discussed Eagle Ridge Drive, the 44-room Townhome product (could also be single family detached units), 31 semi-custom lots with a minimum of 10,000 square feet, density, traffic studies and data. Mr. Gilbert advised that they are in agreement with all of the stipulations, Adero Canyon is a quality project and this proposal provides great opportunities for the Town. He reiterated that the Restated Settlement Agreement provides an opportunity for the Trailhead to go forward and said that the proposal is a win-win for everyone. Mayor Kavanagh thanked Mr. Hall, Mr. Denzak and Mr. Gilbert for their comments. Ms. Bender advised that 15 speaker cards have been submitted plus four additional cards submitted by individuals who do not wish to speak but indicated that they were opposed to the project (two of which were from residents of Cordabella). Note: Additional cards were submitted after Ms. Bender made this comment. The following individuals spoke in favor of the proposal for the following reasons: z:\council packets\2014\r140605\140501m.docx Page 8 of 16 Easy access to the Preserve is critical and the current restricted access hampers its use and enjoyment; a road to Adero Canyon and the Preserve has been in the plans for many years; dedicated funds in the amount of $1.7 million for the trailhead have already been collected; approval of this will allow the Town's 20,000+ citizens and hiking enthusiasts throughout the Valley a chance to visit the Town and experience what will be one of the finest hiking experiences in Maricopa County; this development will help improve economic development in Town by supporting the local businesses and the Town will benefit from the sales taxes/construction fees that are collected; the Trailhead will become a major amenity and draw people to the Town; there is a need for some medium income homes in Fountain Hills that hopefully will bring some young people in; Toll Brothers did DC Ranch and the development and roads prove that the company knows what they are doing; the project will provide more diversity and an opportunit y for family and friends of different spatial needs and economic capabilities; Copperwynd continues to struggle and a key reason for that is the number of limited rooms that are available -- Adero Canyon will provide an opportunity to expand if Copperwynd so chooses; Gerard Biscela Fountain Hills resident Tom Ward " Linda Bordow " Andi Bell " Jon Bernhard " The following individuals spoke in opposition to the proposal for the following reasons: Adero Canyon was set and voted on by previous Councilmembers and the citizens of Fountain Hills and that should not be changed and if they want to do something different, they have to go back to the voting public for approval; the item should be tabled and the Council should go back to the residents of the Town and ask them if they want to change the density of Adero Canyon; the Trailhead is only going to help about 100 people and 200 at the most will use that; if they change the density views will be negatively impacted; a petition with 66 signatures from Cordabella residents opposing the project is included in the Council's packets; the Planning & Zoning Commission would not endorse the proposed rezoning plan for the following reasons: (1) Hotel in a residential district; (2) Height of the hotel (30 f eet is the maximum and MCO wants 40 feet); (3) Lack of firm start dates for Phase II of the project and assurances of completion; (4) Lack of a second public vehicular access road; (5) A granite chipped road versus concrete sidewalk beyond the end of Phase I to the actual Trailhead; (6) Cut and fill road beds; (7) MCO's refusals despite repeated requests to commit to planning Phase II as large lots; no one spoke in favor of the project at the Planning & Zoning meeting except the Chamber of Commerce and some Trail supporters; Adero Canyon should not go forward without an endorsement from the Planning & Zoning Commission; 50.4% of Cordabella's real estate taxes go to Fountain Hills' schools and the Department of Sanitation; the proposal contains major density changes, particularly on Parcel 10 where the developer wants to build a 40-foot tall, 120-room hotel with an undefined number of banquet and catering facilities; if a buyer purchased Copperwynd and the proposed hotel, that would wind up being a potenti al 152 room hotel resort with an unknown amount of banquet and catering facilities, making it the largest hotel resort in all of Fountain Hills, located in the middle of a residential district; hotel resorts do not belong in residential neighborhoods; traffic and safety concerns; the lack of access to main roads; they should remove the gate at Copperwynd and use allocated funds to open the trail, they do not need Adero Canyon for this to happen; there is no place for cars, school buses, refuse trucks and emergency vehicles to turn around; noise concerns (most of the homes are so close to this road) and Cordabella's residents' quality of life will be negatively impacted; an opinion that when Phase II comes forward, MCO will once again ask the Council to change the rules for them; during the developer's presentations, not one person addressed the residents of Cordabella's issues this evening; previous water main breaks around Cordabella and what will happen when one breaks again (how will the residents of Adero Canyon get out); and the critical importance of a second access into Adero Canyon. Vincent Marsello Fountain Hills resident Silvia Rappaport Scottsdale (Cordabella resident) Art Burger " " Marvin Hahn " " Ron Christie " " Jane Turock " " Karen Ford " " z:\council packets\2014\r140605\140501m.docx Page 9 of 16 Richard Strub " " Dean Wieber " " Allen Axelson " " Mayor Kavanagh declared the public hearing closed at 8:27 p.m. At 8:27 p.m. Mayor Kavanagh stated that they would take a short 10-minute recess and the meeting reconvened at 8:41 p.m. Discussion ensued relative to water main breaks and access and Town Attorney Andrew McGuire's statement that there are three access points that go in and out of Adero, one of which is open on a daily basis and the other two are for emergency access (Via Linda and Eagle's Next Drive); the fact that current approvals for Copperwynd allow for heights up to 40 feet; the Planning & Zoning Commission's lack of recommendations and Mr. McGuire's explanation that if P&Z does not put forth a recommendation then 60 days following their meeting the issue automatically goes on the agenda of a Council meeting with a recommendation for denial and because there was no continuation of that hearing they got outside of the 60-day period and it came to the Council automatically; the Trailhead's timeframe and access to the Trailhead (MCO's construction of the roadway to get people to the Trailhead is a couple of years out ); the fact that ideally the Trailhead could be done and ready by that time but staff has concerns regarding difficulties associated with simultaneous construction and so it is more realistic to think that it will be two to three years before the Trailhead is actually available (there is no immediate access to the Trailhead with this development but there is a better understanding of the potential/timeframes for access). Councilmember Elkie requested input relative to the estimated traffic counts should the project be approved and Development Services Director Paul Mood provided dat a relative to current and anticipated traffic numbers (1,698 trips today versus an estimated 2,534 once Adero Canyon is developed for a total of 836 additional trips and the vehicles are separated by a median). Councilmember Leger stated that he has heard reference to the Planning & Zoning Commission's hearing several times this evening as well as the 40-foot height that is in the new plan and concerns about room capacity at Copperwynd. He noted that hotels in the middle of residential areas are typically something that people do not look at --in this case there is a hotel in the middle of a residential area so that needs to be taken into consideration. He said that he has had an opportunity to speak to the Planning & Zoning Commission's members after their ruling and there was a whole host of reasons why they voted the way they voted (3-3). He added that he is curious to know when they voted whether they had a complete Development Agreement. Mr. McGuire advised that the Planning & Zoning hearing was in February and at that time there was no Agreement available that they could actually look at. He stated that whatever information they had about the Settlement Agreement would not have been sufficient to give them enough information to help them understand how it impacted some of those issues. Councilmember Leger reiterated that P&Z did not have all that information when they voted and said that that should be kept in mind. He referred to the 40-foot height issue and the fact that the allowable height that Copperwynd was allowed when they built was 40 feet for the entire project (per Ordinance). He commented on room capacity and asked whether in the agreement Copperwynd was allowed a much greater density. Senior Planner Bob Rodgers explained that there has been a series of special use permits and modifications over the years and that has steadily allowed Copperwynd's density to increase. He stated that the last one he believes allowed them up to 132 units. Councilmember Leger pointed out that many of the items that speakers expressed concerns about this evening are already in place. Councilmember Dickey commented that several people mentioned process and fairness, making sure that everyone is getting even treatment -- they mentioned breaking the rules or special treatment. She said she wanted to know when they go through a rezoning/replat whether that is something that is outside of the rules and also asked whether the Council approves this or not, would that affect the ability to ask for Phase II to be different. z:\council packets\2014\r140605\140501m.docx Page 10 of 16 Mr. McGuire explained that the General Plan and the Zoning Ordinance both provide for mechanisms for amendments, they are not "fixed in stone" documents. He added that the General Plan is approved by the Council and ratified by the voters and good for ten years so to not have mechanisms for adjustments would be challenging for most land uses because not many people can figure out land use ten years in advance. However the mechanisms are graded upon what you are requesting and in this case it is a Minor General Plan amendment because of the size of the parcel requested be rezoned are being requested for a general plan amendment. He stated that the only thing different in this case was the size of parcel and the timing. Ironically this one was running almost exactly the same time frame as if it would have been a Major General Plan amendment, which could have included the entire canyon. So there really wasn’t any difference from the Town staff’s perspective between the minor and major general plan amendment in this case other than the process that would have lead up to it and it would have been much the same process as this one with a lot of public input, more input from the neighboring communities, but about the same as what we did when we rezoned and general planned the State Land parcel quite a few years ago. In response to a question from Councilmember Dickey, Mr. McGuire confirmed that neither of those would require a public vote. He explained that the General Plan was only voted upon for readoption and ratified by the voters (every ten year process). He confirmed that the Town had completed the process in 2012. Mr. McGuire further stated that the rezoning process also has a number of different mechanisms for rezoning -- some are straight rezoning, one category to another, and others like the RUPD that exists on Copperwynd is a flexible zoning tool that was in effect years ago. He stated that the P.A.D. is a last decade add on to the Town's Code but it is a fairly common tool found everywhere in Arizona. He said that it is meant for this type of purpose (a unique piec e of property that has unique character issues that they want to have control over). He noted that any of property owners can come forward and ask for a rezoning. Councilmember Yates advised that he and his fellow Councilmembers are very cognizant of the will of the people. He asked whether the Town had met all of their obligations when they purchased the Preserve. He also asked whether there are any strings left with regard to views, etc. Mr. McGuire replied that the Town did not guarantee any type of views for anyone and the views happen to be great because of the really tall peaks. He added that the "what are they allowed to do with their property" question always comes up and the only reason Fountain Hills differs from other communities is because of the hills -- someone could be a long way away from someone else and still block that person's view. Councilmember Yates commented on the increase in traffic and the added 800 cars per day and asked Mr. Mood to elaborate on what that street was designed for (what is the capacity?). Mr. Mood said that Fountain Hills' design standards differ a little bit from Scottsdale's design standards. He reported that Scottsdale's design standard for the first part of Eagle Ridge Drive, as you come off Palisades up t o Copperwynd in Scottsdale is between 5,000 and 15,000 trips per day. He added that Fountain Hills' standard is 5,000 per day and they are still way under that. He noted that the Town has a lot more roads that wind and are hilly and that is why he thinks the Town's standard was reduced. Councilmember Yates asked what population was anticipated when Fountain Hills was originally master planned and they built the infrastructure (roads, streets, etc.) and Mr. Mood advised in the 70,000 population range. He confirmed that the infrastructure was designed accordingly. Councilmember Yates noted that he gets to meet with different municipalities all the time and the one recurring theme that he keeps hearing is Planning & Zoning and Economic Development and Fountain Hills is very conservative as far as what they give compared to a lot of the municipalities. He discussed his recent trip to Nevada and the number of variances that are allowed there (every kind and they can be changed with an Administration pass allow people to forego this whole process). He pointed out that the market is telling them that things are changing and these are some of the tools they have as a municipality to change with it. He said that they all make these decisions based on the facts and they look at what is best for everyone involved but he wanted to share the fact that this is not an unusual situation. He further stated that they have negotiated a very good deal. z:\council packets\2014\r140605\140501m.docx Page 11 of 16 Councilmember Brown said that the very first speaker this evening stated that this should be taken to the voters and to his knowledge that is not correct. He requested input from Mr. McGuire on this. Mr. McGuire advised that the Arizona courts address referendums, initiatives and any kind of land use done by vote and the Council does not have any authority to refer something to the voters that way or to ask for an advisory election opinion from the voters and voters are not allowed to (other than through the power of referendum on the Council's actions) initiate zoning changes. He added that the only vote that was taken on this before was to fund the acquisition of the property in the mountains (the bond elections). Councilmember Brown referred to the 40-foot height issue and stated that he had an occasion to spend a couple of hours in Adero Canyon and the area where they are talking about building rooms/condominiums is truly deep enough that it would surprise him if any of the roof tops peeked above the existing ridgeline s. He said unlike what Cordabella has right now (coming up Palisades you can see the homes for miles and miles and it looks like a big city) he believes where they are talking about doing this is a very viable spot. He added that if Copperwynd wanted to increase its size, which he understands was part of the original plan, that would be a lot more offensive but they can still do that on their existing property. He said if they tuck them away and hide them down a little bit where they are not quite as offensive to the rest of the neighborhood, Cordabella as well as the residents of Town that would make more sense. He also touched on hotels in residential areas and advised that he struggles with that because all over Scottsdale, Phoenix and around the country, people have to drive through neighborhoods to get to the nicer hotels. He added that he understands that some of them were built prior to the houses and before the residential but the residential is there now and he doesn't see that as being an issue. He pointed out that the P.A.D. is something that has been put into force during the last decade and it is specifically used throughout the State for changes in developments for this very reason. He said that it is an avenue that creates the same situation and the same conversation that they would b e having whether it was in another area of Town or an area in Scottsdale or Phoenix. He noted that they are doing a very legal happening and it is all generated because of change -- the times have changed and what they originally had envisioned, 100% large custom homes, won't work in Town. He advised that if you drive through Firerock the very first thing you come upon are the multi-family duplexes, the villas, which are some of the nicer properties in Firerock. Councilmember Brown further stated that he likes the "community type atmosphere" and pointed out that anything they do is going to generate more noise. He advised that Cordabella was built on a fairly narrow lot, which forces the houses to the back of the lots and yes, they are extremely close to the street (that was Scottsdale planning and not the Town's). He stated that he doesn't see where MCO is asking for anything that they don't have the right to ask for. Councilmember Dickey referred to the Trailhead and noted that she has experienced a lot of frustration over the years and added that she is one of the people who always thought that they had the right to go up there and use that property, the Preserve that their Town purchased. She expressed the opinion that this offers them an opportun ity to use that asset very well and stated that they have all given this a lot of serious consideration. Councilmember Dickey stated that she had met with Dean and Vlad (residents of Cordabella). She referred to a comment made earlier (by Mr. Wieber) about who would benefit and she stated that the way it was said made it sound not like a good thing. She agreed with the statement previously made by a speaker that the Town will benefit -- not just from fees and taxes -- because it is an activity, a project that hadn’t had a lot of likelihood of happening until Toll Brothers spoke to MCO. She pointed out that she was not trying to do any big favors for MCO because they have had their moments. She said that she is sorry that people here think it will hurt them and pointed out that it is not going to happen overnight. She added that she believes it is the best thing to do for the majority of people in Fountain Hills and is a way to move forward and help the Town and the community as a whole. Mayor Kavanagh asked how the process for Copperwynd to include 120 condos would happen and Mr. McGuire explained that a number of different things would occur. He pointed out that the units would have to be built in conjunction with some sort of joint plan and they would have to have a site plan that makes sense to the Town. He advised that the property can't be built as a stand-alone hotel without a Special Use Permit (SUP). He added that there would be a site planning process and it would be land that is entitled so you would probably be beyond that but he thinks they are a long way from that happening and from the Town's perspective it would be administrative. Mayor Kavanagh commented that she believes safety, access and evacuation concerns have already been discussed and addressed and there were also some concerns about school buses, fire trucks, etc. She asked whether Mr. McGuire foresees any problems with the long cul-de-sac. z:\council packets\2014\r140605\140501m.docx Page 12 of 16 Mr. McGuire responded that the Fire Chief Randy Roberts and Assistant Fire Chief Dave Ott were there for most of the meetings and the roads in Adero Canyon are designed to the Town's standards, modified a bit. He said that there is a strong desire from MCO to have a lighter footprint on the desert look of the road so there aren't going t o be quite as wide pavement sections in some areas. He further stated that the Fire Chief and Assistant Fire Chief were at those meetings to make sure that whatever was approved would work for them. He added that the design off the edge of the roads is to allow for that. He stated that they were not going to be happy unless they could turn their large rigs around up there and get around because in Fountain Hills you don't just cut over a street if you miss the right address. He informed the Council that he has not spoken with the School District to find out what the plan would be for this area but he is sure there will be a school bus or two working this area. Mayor Kavanagh reported that she attend the P&Z meetings so she had already listened to a gr eat deal of everyone's concerns and, like many of her colleagues, she walked the site and saw where everything was going to go -- where the 40-foot high buildings were going to be and looked at the slopes and the road. She stated that they all wanted to see for themselves what it would look like because that is a lot different than just looking at it on a piece of paper. She said that like her colleagues, she certainly appreciates all of the concerns that have been expressed and noted that the Council has taken them very seriously. She added that she hopes that they have answered a lot of their concerns. She noted that they hope too that everyone understands that during the economic downturn the Town of Fountain Hills lost a good part of its population and as a result their schools are suffering from a lack of enrollment, businesses in Town have closed because the population is down and they saw a significant reduction in the Town's State Shared Revenue, which doesn't look like it is going to come back any time soon especially with large populations in the west Valley growing and being given a lot more of that revenue. The Mayor reported while everybody likes to see bigger homes like the ones in Firerock and others and less density, the smaller homes might add more families because they are going to be more affordable housing and t hat will help the businesses and the schools. She added that access to the Trailhead is almost like a dream for people who have lived here many years. She stated that she has lived here for over 20 years and when they bought the Preserve everyone thought that they were going to go out there and start hiking on it. She said here they are more than 10 years later and they have to walk about 7 miles just to get to an access so they have to have specially guided hikes. She reiterated that this is a dream for the people of Fountain Hills -- to be able to pull up to a Trailhead and walk the Preserve that they paid for for so many, many years. She further stated that from an economic standpoint, they want Copperwynd to survive -- it is a wonderful asset to the Town and if adding the 120 condos will help it to thrive and survive then that is what they need to do because it is important for the community. She stated that while the Council certainly feels for everyone's concerns, she hopes that everyone will understand that she has to do what is best for Fountain Hills and its residents. She added that she feels that Adero Canyon, in all the ways that she just stated, is good for the Town and its residents. Councilmember Elkie requested that Mr. McGuire speak to the Settlement Agreement. Mr. McGuire advised that as one housekeeping issue, the approval of Resolution 2014-08 approves the Restated Settlement Agreement and there needs to be a condition upon that motion that staff and MCO agree upon all the exhibits prior to being finalized. He said that the timeframe between getting the Agreement in the final stage and getting it here tonight just did not give staff enough time to make sure that all the exhibits are right. He stated that he knows MCO and Town staff have been working back and forth and they just want to make sure that they get those all right prior to it being finalized. He added that they didn't want the Council to have to come back again on this last housekeeping item. AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION #2014-07, A PROPOSED MINOR AMENDMENT TO THE TOWN OF FOUNTAIN HILLS GENERAL PLAN 2010 TO REVISE LAND USE AND INCREASE THE NUMBER OF DWELLING UNITS WITHIN THE 80-ACRE PAD ZONING DISTRICT IN THE ADERO CANYON MASTER PLANNED RESIDENTIAL DEVELOPMENT. CASE #GPA 2013-01. Councilmember Elkie MOVED to approve the Minor General Plan Amendment as presented and subject to the stipulations as outlined in the Staff Report subject to final approval of the conditions between MCO and staff and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0) with Vice Mayor Hansen absent due to a potential conflict of interest. z:\council packets\2014\r140605\140501m.docx Page 13 of 16 AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION #2014-08, APPROVING THE AMENDED AND RESTATED SETTLEMENT AGREEMENT FOR ADERO CANYON. CASE #DA-2014-08. Town Clerk Bevelyn Bender advised that two citizens wish to speak on this agenda item. Frank Ferrara, President and CEO of the Fountain Hills Chamber of Commerce, addressed the Council and stated that he is representing the Chamber this evening. He advised that the Chamber Board of Directors agreed that they should adopt Resolution 2014-08, the Amended and Restated Settlement Agreement for Adero Canyon. He advised that the charts displayed on the wall show nine projects and stated that he was there for every one of them. He asked where the Town would be if they did not have that development and he noted that all of the projects have the same densities and the same concerns. He noted that on April 14th the Chamber of Commerce submitted a letter to the Mayor, Council and Town Manager citing what they believe are the reasons they would like this project to be approved. He said that there will be great economic benefits not only once the project is finished but also during the construction phase. He reported that the Chamber has calculated approximately $7 million in fees and they would like to see it started as soon as possible. Linda Bellenir, a resident of Fountain Hills, addressed the Council and spoke in support of the project and said that Adero Canyon is a perfect public/private partnership. She said that a recent story in The Times reported that 90% of the residents want this project to move forward. She pointed out that the traffic will be one-half of the original design capacity and the housing density will be virtually the same as Firerock and Sunridge Canyon. She further stated that Fountain Hills needs this project and noted that for years several hundred storefronts have been sitting empty for lack of population and now Taco Bell, STAT Clinic and Walgreens are joining the others before them that closed. She stressed that Adero Canyon is the start of the solution for their Town and the residents must not turn their backs on over $250 million, many new residents and tens of thousands of visitors supporting their businesses, schools, restaurants, golf courses and shops. She urged the Council to vote yes and then celebrate what can be achieved when public and private partnerships work together for the betterment of all including their wonderful Scottsdale neighbors. Dean Wieber, a resident of Scottsdale Cordabella, addressed the Council and asked Mr. McGuire whether the administrative changes in the Amended and Restated Settlement Agreement are appropriate. He asked how they could have negotiations in a closed room and not in a meeting like this where the public could provide input. He questioned whether with just a stroke of the pen changes should be a ble to be made in the Agreement. He requested that Mr. McGuire respond at a later time. Councilmember Elkie MOVED to approve the final Amended & Restated Settlement Agreement as presented, subject to the stipulations outlined in the Staff Report and subj ect to final approval of exhibits by staff an MCO and Councilmember Yates SECONDED the motion. Ms. Bender asked whether the Resolution should be referenced in the motion (Resolution 2014-08). Mr. McGuire responded that the stipulations are already in pla ce and he thinks the Mayor introduced that motion but for clarity sake it is Resolution 2014-08. Mayor Kavanagh read the agenda item again -- Consideration of Resolution 2014-08, approving the Amended and Restated Settlement Agreement for Adero Canyon. Councilmember Dickey stated that she thought originally that Mr. McGuire said that Resolution 2014-08 had to be pending on the exhibits and Mr. McGuire pointed out that that was included in Councilmember Elkie's motion. The motion CARRIED UNANIMOUSLY by those present (6-0) with Vice Mayor Hansen absent due to a possible conflict of interest. AGENDA ITEM #9 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE #14-01, AN AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE AND ZONING MAP TO CHANGE THE ZONING ON 80 ACRES FROM R1-43, R1-8 AND R1-6 (SINGLE FAMILY RESIDENTIAL) TO ADERO CANYON PAD. CASE #Z2013(-06) Mayor Kavanagh declared the public hearing open at 9:38 p.m. z:\council packets\2014\r140605\140501m.docx Page 14 of 16 Ms. Bender advised that seven speakers wished to present remarks on this agenda item. Ken Kubisihta, a resident of Fountain Hills, addressed the Council and stated that he is happy to see so many positive people from Scottsdale and Fountain Hills present at the meeting. He said that this is a very positive move on noted that when he and his family moved here in 2013, he joined the Trailblazers. He advised that when you are walking the hills up above one thing you can see is the land and MCO does an excellent job of preserving the nature of the property. He noted that one of the positive things about the Town is the view. He encouraged the members of the Council to move forward with this investment for the people and their future. Bill Craig, a resident of Fountain Hills, addressed the Council and noted that he was fortunate to become in volved in the Town as Commissioner of the Preserve, a member of Board of Conservancy and in charge of volunteer trail builders. He commented that the residents of Fountain Hills deserve the Preserve and they are a Town of active living people and in his capacity with the Town he has had a people counter on the Lake Overlook Trail. He reported that the count over the last two months has been 12,422 people and added that he is sure everyone has seen the number of people who walk around the lake. He advised that the Conservancy had a new banner over its booth that advertised hiking for the first time and he could not count the number of people who stopped at the booth as opposed to previous fairs and they picked up brochures on the Preserve and asked how to get there. He commented on the new trail that will link Scottsdale and Fountain Hills and noted that the Scottsdale portion of the trail is being completed by a group of professional trail builders at a cost of $97,000. He added that the Town's portion of the trail was completed by their active living volunteer trail builders at a cost of nothing to the Town. He said that at last there will be access to the Preserve. Vincent Marsello - Left the meeting as was not present to speak when called. Stanley Ruden, a resident of Scottsdale Cordabella, addressed the Council and advised that he is very much for the project. He noted that many of his friends and neighbors who are against it do so because of the amount of traffic and he understands that but added that he likes to look at the bigger picture and the future of the area. He pointed out that even though his family lives in Scottsdale, they go to the Fountain Hills Post Office, bank here, go the Library here, shop here and frequent its many restaurants. He stated that they go there because they are closer but more importantly they feel like they live in Fountain Hills and really want this Town to prosper. He reported that the newspaper recently advised that five more businesses have closed and he commented on other businesses that are struggling to keep their doors open. He expressed the opinion that parts of the Town are stagnant now and needs the growth spurt that Adero Canyon will bring. He discussed the positive impacts of the project on the entire community and urged the Council to move forward as quickly as possible. Toni Vallee, a Fountain Hills resident, addressed the Council and advised that she is an avid bicycler and is here in support of the sidewalk option that staff has recommended. She pointed out that they haven't talked very much about that and she is extremely concerned that only a granite path will be provided and mountain bikers who want to use the Preserve will be riding on that trail that she feels would be incompatible with the use of hikers, walkers and people with strollers. She added that she would love it if the Trailblazers, in addition to the sidewalk, would do a granite path. She reported that in most municipalities bicycles are not allowed on sidewalks so that will help keep the mountain bikers off. She emphasized that it is very important for the cyclists to have this access and the sidewalk is not compatible for that use. Mayor Kavanagh declared the public hearing closed at 9:49 p.m. AGENDA ITEM #10 - CONSIDERATION OF ORDINANCE #14-01, AN AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE AND ZONING MAP TO CHANGE THE ZONING ON 80 ACRES FROM R1-43, R1-8 AND R1-6 (SINGLE FAMILY RESIDENTIAL) TO ADERO CANYON PAD. CASE #Z2013(-06) There were no speakers wishing to present remarks on this agenda item. Councilmember Elkie MOVED to approve the Adero Canyon PAD Zoning Amendment as presented and subject to the stipulations outlined in the Staff Report subject to final approval of the exhibits by staff and MCO and z:\council packets\2014\r140605\140501m.docx Page 15 of 16 Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY BY THOSE PRESENT (6-0) with Vice Mayor Hansen absent due to a possible conflict of interest. AGENDA ITEM #11 - CONSIDERATION OF A PROPOSED PRELIMINARY MASTER REPLAT FOR ADERO CANYON. CASE #S2013-06 Roy Kinsey, a Fountain Hills resident, addressed the Council and asked them to vote yes to approve the agreement and stated that speaking as a resident he thinks their support will stimulate many positive actions beyond the growth of Adero Canyon. He said that speaking as a boardmember of the Sonoran Conservancy of Fountain Hills; approval of the MCO plan will initiate further action to upgrade the Fountain Hills' Preserve plan for public access. He advised that he was so impressed with the Council's responses this evening and added that they really listened and he thanks them very much. There were no additional citizens wishing to present remarks on this agenda item. Councilmember Elkie thanked Mr. Kinsey for all of the hard work he has put into the Trail. Councilmember Elkie MOVED to approve the Adero Canyon Preliminary Master Plat as presented subject to the stipulations outlined in the Staff Report subject to final approval of the exhibits by staff and MCO and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0) with Vice Mayor Hansen absent from the meeting due to a potential conflict of interest. AGENDA ITEM #12 - CONSIDERATION OF THE "ADERO CANYON PARCEL 1" PRELIMINARY PLAT, A 30-LOT SINGLE-FAMILY SUBDIVISION. CASE #S2014-03 There were no speakers wishing to present remarks on this agenda item. Councilmember Elkie MOVED to approve the "Adero Canyon Parcel 1" Preliminary Plat as presented and subject to the stipulations outlined in the Staff Report subject to final approval of the exhibits by staff and MCO and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0) with Vice Mayor Hansen absent from the meeting due to a potential conflict of interest. Mayor Kavanagh expressed appreciation to Mr. Buchanan, Mr. McGuire and staff for all of their hard work, their negotiation efforts and keeping the Council up-to-date on this important project. AGENDA ITEM #13 - CONSIDERATION OF RESOLUTION 2014-19, ADOPTING THE MAXIMUM AMOUNT FOR THE TOWN OF FOUNTAIN HILLS' FISCAL YEAR 2014/15 TENTATIVE BUDGET WITH APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENTS IN ACCORDANCE WITH STATE LAW. THE COUNCIL MAY ADDRESS ANY OR ALL ITEMS CONTAINED IN THE BUDGET DOCUMENT AND INITIATE ANY CHANGES PRIOR TO THE ADOPTION. Town Manager Ken Buchanan addressed the Council relative to this agenda item and stated that tonight they are here to discuss the adoption of the 2014/15 Tentative Budget that was presented to the Council in a public meeting last Monday. He reported that the proposed expenditure for all of the funds is $44.8 million and Resolution 2014 -19 establishes the maximum amount of expenditures for the Fiscal Year. He noted that subsequent to the approval of this resolution changes to the budget can be made within the line items but the amount cannot exceed $44.8 million. He added that staff recommends approval of the budget as presented. There were no speakers wishing to present remarks on this agenda item. Councilmember Leger MOVED to approve Resolution 2014-19 and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0) with Vice Mayor Hansen absent from the meeting due to a potential conflict of interest on items 6 - 12. AGENDA ITEM #14 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM INCLUDED IN THE LEAGUE OF ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE z:\council packets\2014\r140605\140501m.docx Page 16 of 16 BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. Councilmember Dickey requested that in the interest of time this item be placed on the agenda of the next Council meeting. Mr. McGuire reported that staff has some discussion going on right now with the League and they are going to take the recap show on the road and staff would like to bring it back when the League representatives are here so they can discuss everything that happened (what passed, what didn't pass). Councilmember Leger noted that the Finance Director Craig Rudolphy has been sitting in the meeting for several hours and asked him if he had anything to say and his response was no. AGENDA ITEM #15 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN BUCHANAN. 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 #16 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER. None. AGENDA ITEM #17 - ADJOURNMENT. Councilmember Elkie MOVED to adjourn the Regular Council meeting and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0) with Vice Mayor Hansen absent from the meeting due to a potential conflict of interest on items 6 - 12. The meeting adjourned at 9:57 p.m. TOWN OF FOUNTAIN HILLS By _______________________________ Linda M. Kavanagh, Mayor ATTEST AND PREPARED BY: _________________________ Bevelyn J. Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive and Regular Sessions held by the Town Council of Fountain Hills in the Fountain Conference Room - 2nd Floor (Executive) and Town Hall Council Chambers (Regular) on the 1st day of May, 2014. I further certify that the meetings were duly called and that quorums were present. DATED this 5th day of June, 2014. _____________________________ Bevelyn J. Bender, Town Clerk