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HomeMy WebLinkAbout2014.1016.TCRM.Minutesz:\council packets\2014\r141106\141016m.docx Page 1 of 10 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 16, 2014 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers * INVOCATION – Deacon John LesCallett, the Angelican Church of the Atonement Mayor Kavanagh thanked Deacon LesCallett the Church's hosting of the First Annual Pumpkin Patch that will be held at the Anglican Church from Sunday through the Halloween weekend. She noted t hat this will benefit the Food Bank and the Boys & Girls Club. * ROLL CALL Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Councilmember Dennis Brown, Vice Mayor Cecil Yates, Councilmember Cassie Hansen, Councilmember Tait Elkie and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. Councilmember Ginny Dickey was absent from the meeting. * MAYOR’S REPORT i) THE MAYOR WILL READ A PROCLAMATION DECLARING OCTOBER 25, 2014, MAKE A DIFFERENCE DAY, IN THE TOWN OF FOUNTAIN HILLS. Mayor Kavanagh stated that serious social problems concern their nation, state and town and threaten their future and connecting with others and working together through volunteer service can bridge the differences that separate people and help solve serious social problems. She noted that the American people and the residents of Fountain Hills have a tradition of philanthropy and volunteerism and in 2013 three and one-half million people cared enough about their communities to volunteer on MAKE A DIFFERENCE DAY, accomplishing thousands of projects in hundreds of cities and towns. She advised that in their community nonprofit organizations, schools, businesses, houses of worship, families, neighborhoods and friends serve together to make a difference and 2014 makes the 6th year for Fountain Hills to demonstrate that it is the small Town with a big heart. She added that the Town supports a vibrant community to enrich the lives of their residents and proclaimed October 25, 2014 as MAKE A DIFFERENCE DAY in Fountain Hills and urged all citizens to participate in volunteer projects as they work together to meet the needs of heir neighbors. Mayor Kavanagh provided additional information about the upcoming November 4, 2014 General Election and noted that it is a mail ballot election for Fountain Hills and no polling place will be provided in Fountain Hills on Election Day. She said that ballots were mailed on October 9, 2014 by Maricopa Elections to all qualified electors registered by the registration deadline and they came in yellow envelopes for easy recognition. She emphasized that this ballot is not a sample ballot and should be voted and returned for processing and tabulation. She pointed out that Town Hall serves as a Ballot Replacement Center for the November General Election for qualified voters to appear in person to replace ballots that have been lost, spoiled, destroyed or not received. She said that Town Hall is located at 16705 East Avenue of the Fountains on the second floor and added that voters may return their voted ballots in the signed, sealed, postage pre-paid and pre-addressed affidavit envelope to Maricopa County Elections Department so that it arrives no later than 7:00 p.m. on November 4th. She further stated, however, that there is an alternative and voters can deposit their voted ballots contained in their signed, sealed, postage pre-paid and pre-addressed affidavit envelope in the ballot box located in the Fountain Hills Town Hall during regular business hours, Mondays through Thursda ys from 7:00 a.m. until 6:00 p.m. and up until 7:00 p.m. on Election Day. She reiterated that the affidavit envelope must be signed by the voter and on Election Day, November 4, 2014, Town Hall will continue to serve as a Ballot Replacement Center and will be open from 6:00 a.m. to 7:00 p.m. for qualified electors to appear in person and replace ballots that have z:\council packets\2014\r141106\141016m.docx Page 2 of 10 been lost, spoiled, destroyed or not received. She stated that any excuse for not having a ballot will be acceptable and anyone with questions should call Maricopa County Elections at (602) 506-1511 or the Town Clerk's Office at (480) 816-5115. Mayor Kavanagh added that if anyone has not received their ballot by now then they are probably not going to get it and so they will need to get it replaced. She urged those individuals to come to Town Hall early because last Election Day there was a huge line from early in the morning until late in the day. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) THE MAYOR MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC DEVELOPMENT. Mayor Kavanagh stated that her days have been very busy since the last meeting just two weeks ago. She met with representatives from SRP (Salt River Project) to get more information about the solar project that the Counc il has decided to look into and they were able to give her very detailed information about both the positives and the negatives associated with such a project. She added that they offered complete assistance with any project the Town might contemplate doing to ensure that it will benefit the Town. She reported that the MAG Economic Development Committee met last week and she was re-elected to sit as the East Valley Representative along with Scottsdale Mayor Jim Lane. She noted that topics discussed were funding options to increase exporting opportunities, the introduction of the State program called RevAZ and that information she has passed on to Scott Cooper, the Town's Economic Development Specialist and a report on a new collaboration effort between bu sinesses and the tourism industry. She said that there was also a presentation on the Arizona-Canada connection with more businesses and Canadians moving to Arizona and the impact on the State's economy. She advised that she and Town Manager Ken Buchanan met with Eric Gudino ADOT's new Public Affairs Manager. She reported that it was a meet and greet but also an update on ADOT's change in philosophy relative to Arizona's economy, growth, vitality and impact on the business community. She noted that she was honored to be one of the featured speakers at the Ribbon Cutting Ceremony for the Taiwan Sister Cities/Double Tenth double anniversary and opening of the Taipei, Taiwan photo exhibit at the State Capital Museum. She said that other speakers included her husband State Representative John Kavanagh, Secretary of State Ken Bennett and Scottsdale Mayor Jim Lane along with Taiwan Sister Cities' Coordinator Lin Lee. The Mayor further reported that she attended the 9th Annual Arizona Citizens Defense League Luncheon and said that this organization works closely with the State Legislature on 2nd Amendment rights. She stated that the First Greater Phoenix Economic Council Mayor's meeting was held earlier this week and discussion centered around the prospect overview of businesses locating to the metropolitan area and an update on the Velocity Program, which is about bringing STEM to our schools and a top notch engineering program to ASU. She reported that she also met with the Director of the Community Partnerships Program, Angela Talbot, and they discussed further enhancement to the program that provides assistance to the Town's Economic Development Specialist, Scott Cooper. The advised that the Comfort Inn on Shea had a grand re-opening of its remodeled facility and pointed out that the hotel is an outstanding asset to the Town and now with its remodeling will be a great choice for people traveling to their area. She stated that the remodeling also contains a conference center, which is always a draw for small business groups planning to visit the Town, all new decor, great looking suites and a remodeled breakfast room. She added that the other day she met with Jennifer, the owner of the new bicycle shop in Fountain Hills on Saguaro and advised that it sounds like a great addition to the economic base in Town. She asked what it is that separates Fountain Hills from all of the other cities and towns and said that it is their generous gift of their time especially when it involves neighbor helping neighbor. She noted that that is what next Saturday, October 25th is all about and said they heard her read a proclamation earlier about Make A Difference Day so now she is asking anyone who is able to help, who can give a few hours that morning, to help those less fortunate in the community. She encouraged them to call Heather at Town Hall to get signed up and noted that no experience is necessary, just a big heart for giving. She noted that the first 200 people to sign up with get a free t-shirt. CALL TO THE PUBLIC None. z:\council packets\2014\r141106\141016m.docx Page 3 of 10 CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM OCTOBER 2, 2014. AGENDA ITEM #2 - CONSIDERATION OF A FINAL REPLAT FOR A LOT LINE ADJUSTMENT BEWEEN 16117 E. OCOTILLO DRIVE AND 16127 E. OCOTILLO DRIVE, AKA Plat 423, BOCK 4, LOTS 12 AND 13. CASE #S2014-06. AGENDA ITEM #3 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION SUBMITTED BY BRETT RAY WALLACE, OWNER/AGENT OF GRAND CANYON WINDERY, INC., DBA GRAND CANYON WINE TASTING ROOM LOCATD AT 16842 E. PARKVIEW AVENUE, #2 FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES 13 DOMESTIC FARM WINERY. AGENDA ITEM #4 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE VETERANS OF FOREIGN WARS POST #7507 (PHIL YIN) FOR THE PROMOTION OF A FUND RAISER TO BE HELD AT SAGUARO BOULEVARD AND AVENUE OF THE FOUNTAINS, IN CONJUNCTION WITH THE FOUNTAIN FESTIVAL OF ARTS AND CRAFTS, FROM 9:00 A.M. TO 10:00 P.M., FRIDAY, NOVEMBER 14, 2014, AND SATURDAY, NOVEMBER 15, 2014 AND FROM 10:00 A.M. TO 10:00 P.M. ON SUNDAY, NOVEMBER 16, 2014. AGENDA ITEM #5 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE VETERANS OF FOREIGN WARS POST #7507 (PHIL YIN) FOR THE PROMOTION OF A FUND RAISER TO BE HELD AT VERDE RIVER DRIVE, IN CONJUNCTION WITH THE FOUNTAIN FESTIVAL OF ARTS AND CRAFTS, FROM 9:00 A.M. TO 10:00 P.M., FRIDAY, NOVEMBER 14, 2014, AND SATURDAY, NOVEMBER 15, 2014 AND FROM 10:00 A.M. TO 10:00 P.M. ON SUNDAY, NOVEMBER 16, 2014. AGENDA ITEM #6 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY (JEAN LINZER) FOR THE PROMOTION OF A FUNDRAISER TO BE HELD ON THE PATIO OF FOUNTAIN HILLS MARICOPA COUNTY BRANCH LIBRARY, 12901 N. LA MONTANA BOULEVARD, FOUNTAIN HILLS, AZ FROM 12:00 P.M. TO 5:00 P.M. ON SATURDAY, NOVEMBER 22, 2014. AGENDA ITEM #7 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE AMERICAN LEGION POST 58 (ROBERT SCHMITZ) FOR THE PROMOTION OF A FUND RAISER TO BE HELD AT 16837 PARKVIEW DRIVE, FOUNTAIN HILLS, AZ IN CONJUNCTION WITH THE FOUNTAIN FESTIVAL OF ARTS AND CRAFTS, F ROM 9:00 A.M. TO 10:00 P.M., FRIDAY, NOVEMBER 14, 2014, SATURDAY, NOVEMBER 15, 2014 AND SUNDAY, NOVEMBER 16, 2014. AGENDA ITEM #8 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE COOL CATS RESCUE (DANA THORNTON) FOR THE PROM OTION OF A PRIVATE FUND RAISER TO BE HELD AT 16429 NORTH BOULDER BOULEVARD, FOUNTAIN HILLS, AZ, FROM 5:00 P.M. TO 9:00 P.M. SATURDAY, OCTOBER 25, 2014. Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Elkie SECONDED the motion. z:\council packets\2014\r141106\141016m.docx Page 4 of 10 A roll call vote was taken with the following results: Mayor Linda Kavanagh Aye Councilmember Ginny Dickey Absent 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 by those present (6-0). REGULAR AGENDA AGENDA ITEM #9 - CONSIDERATION OF ACCEPTING A SCULPTURE TITLED, SPIRIT OF THE SAGUARO," FOR PUBLIC DISPLAY IN FOUNTAIN PARK AT THE JOE AND MARGE BROWN LEGACY PLAZA. Town Manager Ken Buchanan addressed the Council relative to this agenda item and advised that at the recently named Joe & Marge Brown Legacy Plaza in Fountain Park included a spot for a future sculpture to be placed. He briefly reviewed information contained in the staff report (report available on line and in the office of the Town Clerk) and explained that the Public Art Committee is requesting that the Town agree to accept and place on public display a donated stainless steel sculpture in Fountain Park. He noted that the piece is titled, "Spirit of the Saguaro" and was created by Don Kenworthy and is being donated by the Brown Family Trust. He reported that the piece has a gallery price of $15,000 and the cost to insure it would be $64.50 annually. He said that staff recommends the acceptance of the piece and its placement and indicated his willingness and that of representatives from the Public Art Committee to answer any questions. In response to a clarification relative to the size of the piece, Jerry Butler stated that he believes the piece is six and a half feet tall and the Committee is proposing to put it on a pedestal in the plaza so that it will appear to be taller. Councilmember Brown jokingly stated that it is a rarity to correct Mr. Butler and noted that the piece is 7' 4" tall and the 12" pedestal brings it to a total height of 8' 4". Councilmember Brown MOVED to accept a sculpture titled, "Spirit of the Saguaro" for public display in the Joe and Marge Brown Legacy Plaza and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #10 - CONSIDERATION OF A SPECIAL EVENT APPLICATION AND CO- SPONSORSHIP FOR THE FOUNTAIN FESTIVAL OF ARTS AND CRAFTS, PRESENTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE, TO BE HELD ALONG AVENUE OF THE FOUNTAINS FROM THURSDAY, NOVEMBER 13, 2014 THROUGH SUNDAY, NOVEMBER 16, 2014. Town Manager Ken Buchanan addressed the Council relative to this agenda item and stated that the Annual Fountain Festival of Arts and Crafts, hosted by the Fountain Hills Chamber of Commerce will be held November 14 - 16, 2014 along the Avenue of the Fountains between La Montana and Saguaro Boulevard and along Saguaro Boulevard between El Lago and Palisades Boulevard. He noted that road closures will be in effect in these areas from 2:00 p.m. Thursday, November 13th through 10:00 p.m. Sunday, November 16th. He added that the event will be open to the public from 10:00 a.m. until 5:00 p.m. daily and will host more than 250 artisans and draws thousands of attendees over the course of the three days. He stated that the event is well known and there will not be any changes from years prior. He noted that the event coordinator is requesting support from the Town of Fountain H ills, including use of public streets, electrical use and limited staff support and staff recommends approval. z:\council packets\2014\r141106\141016m.docx Page 5 of 10 Councilmember Hansen said that she has a question about the time that the roads get closed on that Thursday and pointed out that it used to be 5:00 p.m. and now is being changed to 2:00 p.m. and a few of the merchants on the Avenue have expressed concerns about the earlier closing. She asked whether some kind of a compromise could be reached as far as the closing time. Jay Schlum, Chair of the Chamber of Commerce and Sharon Morgan, the Chamber of Commerce Events Producer, addressed the Council and Ms. Morgan advised that the closing was "upped" after it was "brought down" and noted that when they started closing the streets earlier, they closed them down at 1:00 p.m. and that didn't work and then it went to 2:00 p.m. and that didn't work and they are compromising with a 2:30 p.m. closing so that they can move large items in before they close it in darkness for the artists to come on probably at 4:00 p.m. or 4:30 p.m. She noted that sometimes it will take them until 4:00 p.m. or 4:30 p.m. to get the cars off. Ms. Morgan commented that they had advised businesses of the closures. Mayor Kavanagh commented that she thought some signs were put out last year directing people where to park and said that she doesn't think that a lot of people who go to the stores realize that they can park in the back lot. Ms. Morgan advised that there are signs and there are people who say that they don't want to go in the back door or their customers don't want to use the back door but signs are put up. In response to a request from Councilmember Elkie, Mr. Buchanan provided a brief update on the stat us of the work on the median and the fencing. He advised that weekly meetings are being held to stay on top of the project and they are supposed to be energizing for the electricity by the end of this week and once that happens the Thursday of the event they will be moving the fence back onto the curb so they will have access to the road and booths. Councilmember Elkie said that he understands that there is going to be a slightly different setup as far as the food vendors and asked Ms. Morgan to elaborate on that. She said that it is her understanding that they will not ever be allowed to be on the grass medians and that means that all of the food concessionaires are being moved (the ones that used to be on Verde River Drive West will now be in a Food Court on Verde River, not quite as far as Paul Nordin. She noted that it is more work and will be an extra expense for the Chamber because there is no electricity out there and generators will have to be brought in. She further stated that there are no water hookups out there so they have to pay in order to have water but it will work. He added that the concessionaires that are down on the east end of the median this year will remain but next year they will have to move over onto Saguaro backing up to the park and they have all been told that. She said that the artists have also been told that they will not be on the median and now they will have to comply with the rules and regulations. Councilmember Brown questioned whether they could ask the contractor to set the north side of the fence in a straight line because they might be able to actually hang the signs on the fence the day before so when they set them up on the grass the numbers would already be on the fencing where the artists would do their staging. Mr. Buchanan replied that they can ask them and hope that they will cooperate. Ms. Morgan pointed out that the fences are not the links and artists look for those dots that are out on the curb (the lines of the artists) and their numbers go in between the dots so it won't do them any good to put markers on the fence because they would have to re-measure everything and find some way of marking those fences. Councilmember Hansen asked where the good will go and Ms. Morgan responded that the artists' spaces are 11' wide x 14' out from the curb and most tents are 10' x 10'. Councilmember Hansen said that she was not aware of the fact that they had established rules of use for the new median and Ms. Morgan noted that she was told that there will be fences up for this art show and all art shows in the future because the artists trash the median. z:\council packets\2014\r141106\141016m.docx Page 6 of 10 Councilmember Hansen commented that the Council might want to talk about that at some point in time and Ms. Morgan advised that she would love to see that changed but at this point she is going on what she was told. In response to a question from Mayor Kavanagh, Mr. Buchanan stated that during the event the water will be turned off. Councilmember Elkie MOVED to approve the Special Event Application and Co-Sponsorship and Vice Mayor Yates SECONDED the motion. There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #11 - DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING THE 'WALL THAT HEALS" (REPLICA OF THE VIETNAM VETERANS MEMORIAL) COMING TO FOUNTAIN HILLS FEBRUARY 18 - 22, 2015, AND DISCUSSION WITH CONSIDERATION OF TOWN CO- SPONSORSHIP, FEES, AND PLACEMENT OF THE WALL. (THIS ITEM WAS ADDED AT THE REQUEST OF COUNCILMEMBERS BROWN, ELKIE AND LEGER.) Councilmember Elkie announced that the Senior Vice Commander of the Veterans' of Foreign Wars, Post 7507 and Chairman of the 50th Vietnam Commemorative is present in the audience, Carl Krawczyk, and that he would like to present a brief presentation on the Healing Wall. Vice Commander Krawczyk came forward and introduced Debbie Yin, President of Women in Partnership. He advised that they are here this evening to propose a Vietnam War Commemorative Program to be held at Fountain Park the week of February 18 - 22, 2015, the same weekend as the Chamber of Commerce's Arts & Crafts Fair. He stated that as a 50th anniversary Vietnam commemorative partner, they have been approved to receive the "Wall That Heals" Vietnam Traveling Wall and Museum. He emphasized that to host this exhibit is an honor to the Town, the VFW and the citizens of Fountain Hills. He said that they will focus on making this a Fountain Hills event by including community members, organizations, and school children in all of their ceremonies, in volunteer positions, as escorts for the "Wall That Heals," in security and fund raising programs in hosting of a special event and in reading the names of Arizonans who died during the conflict to name a few. Vice Commander Krawczyk stated that he would like the Council to consider a Town Co -Sponsorship, fees and placement of the wall and stressed the importance of honoring and remembering the veterans of the Vietnam war, to include those who were held as Prisoners of War (POWs), listed as Missing In Action (MIAs) as well as thanking and recognizing the families of those veterans. He reviewed a brief presentation on this agenda item (copy available on line and in the office of the Town Clerk). He reported that the Secretary of the Department of Defense has authorized the United States of America Vietnam War Commemorative Program and quoted that, "It is designed for federal, state and local communities, veterans organizations and non-governmental organizations to assist a grateful nation in thanking Vietnam Veterans and their families." He added that the National VFW and VFW Post 7507 are the official 50th anniversary commemorative partners. Discussion took place regarding the exhibition of the "Wall That Heals" -- a half sized replica of the Vietnam Veterans Wall in Washington DC, complete with al 58,249 names of those killed and missing in action; the Traveling Museum and Information Center; Exhibition Sit Drawing & Parameters; Proposed location in Fountain Park; Hosting organization's requirements including as $5,000 honorarium and a per diem for the two site managers who accompany The Wall; Sample Events Program; Security; Access; etc. He added that they would also pursue notable speakers for the event. In a memorandum dated October 13, 2014 from Town Manager Ken Buchanan to the Council (copy available on line and in the office of the Town Clerk), it was noted that the initial request to the Town for co-sponsorship of $5,000 for the four-day event and staff mentioned in the initial discussions that there are no funds available for this event but a site could be considered suitable in Fountain Park, if possible. The memorandum also outlined the additional requirements for the event. z:\council packets\2014\r141106\141016m.docx Page 7 of 10 Vice Commander Krawczyk explained that they applied for the wall to be in Fountain Hills for several reasons -- they saw a partnership with the Town that would be additional local and national exposure for the Town due to their unique location and community. He explained that they chose the dates to gain added exposure for the Town, the event and the Arts & Crafts Fair and their VFW Post. Town Manager Ken Buchanan informed the Council that there would be some challenges associated with providing the necessary power source. Mayor Kavanagh stated that it certainly would be an incredible honor to have The Wall in Fountain Hills and she knows that they have worked very hard to make this possible. She asked if there was a total cost figure and Mr. Buchanan replied not at this time. Councilmember Elkie commented on the Town's budgetary constraints and the $5,000 honorarium fee and said he assumes that if the Town could not pay that fee but could make space available for the event that perhaps the Post, the Legion or other Veteran's Legions would assist and the Vice Commander said absolutely. He also confirmed that volunteers would be used and not staff. Ms. Yin addressed the Council and informed them that there is a group called The Patriot Guards and stated that they may be a great resource for them and there are also Veteran's motorcycle groups and other veterans, some who do night patrols so all of those resources will be looked into. Councilmember Brown asked whether there was any available data that would show how many people might come over the four-day period and Ms. Yin reported that a city on the outskirts of Chicago had between 10,000 and 20,000 people attend. Councilmember Brown commented that it would be quite an honor to be involved in such an event. Mayor Kavanagh mentioned that a lot of the hotels have their own vans that they might be able to donate. The Commander confirmed that they are looking for the Town's commitment to be involved in the event and that the organization is a 501(c)(19). There were no citizens wishing to speak on this agenda item. Councilmember Elkie MOVED to approve a Co-Sponsorship with VFW Post 7507 to bring The Wall That Heals to Fountain Hills February 18 through the 22, 2015 and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #12 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE #14-08, AMENDING THE TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE, ARTICLE 5 (GRADING STANDARDS), SECTION 5.02 (SUBDIVISION GRADING STANDARDS), AND SECTION 5.04 (HILLSIDE DISTURBANCE) BY MODIFYING THE GRADING AND HILLSIDE DISTURBANCE REQUIREMENTS. CASE #Z2014-04. Mayor Kavanagh declared the Public Hearing open at 7:12 p.m. and noted that there will be one Staff Report for Items #12 and #13. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and stated that the Planning & Zoning Commission formed a subcommittee on February 27, 2014 for the purpose of reviewing the ordinances related to the hillside disturbance envelopes and the way they are calculated. He said that the subcommittee was charged with looking into making recommendations for revising the standards in order to allow a greater degree of flexibility during hillside lot design and development. He noted that the su bcommittee provided their recommendations on July 24th and the P&Z Commission accept that report and directed staff to initiate the ordinance amendment process. He added that the P&Z Commission held a public hearing on the proposed text amendments on Sept ember 25th and the z:\council packets\2014\r141106\141016m.docx Page 8 of 10 Commission unanimously voted to recommend approval of the amendments with the following changes in the Subdivision Regulations: * Allow a 10' wide driveway patch exemption between the front property line and the garage door or front of house if there is no garage. * Allow a 10' wide utility trench exemption subject to written confirmation of the requirement from the utility that the trench be outside of the driveway exemption area and that the trench area be re-vegetated. * Slopes shall be considered "Hillside" slopes if they are 20% or greater. * Up to 40% of the "Hillside" slope areas on a residential lot may be disturbed. * Commercially and Industrially zoned properties shall be exempt from the hillside disturbance limitations. * Residential lots that are zoned R1-6, R1-6A, R1-8, R1-8A, R1-10 and R1-10A (Small Lot Zoning) shall be exempt from the hillside disturbance limitations and be 100% disturbable. Mr. Rodgers stated that the Planning & Zoning Commission vote to approve these recommendations and staff also recommends approving Ordinance #14-08 as presented. Town Clerk Bevelyn Bender advised that two citizens wished to speak on this agenda item. Ed Kehe addressed the Council and commented on the natural beauty (hills) of the To wn and said that their Hillside Ordinance has served the Town well over the years but the proposed revisions before the Council tonight, admittedly by its authors, loosen the Code significantly in his view. He noted that they redefine the definition of "S lope" and result in increased permitted disturbance and higher up the hillside. He added that they increase the disturbance area to 40% of the lot resulting in more land subject to disturbance. He said they exempt R1 -6 through R1-10 from the ordinance resulting in 100% uncontrolled disturbance and they exempt industrial and commercial properties from the ordinance. He stated that he has concerns about this proposal and its potential negative impact upon the beauty of the community. He called for further study to be done and reiterated that the current ordinance is working. Gene Mikolajezyk addressed the Council and advised that he and his wife own a lot in planned subdivision and when they bought their lot all the lots were laid out and the developer put in building envelopes on those lots consistent with the existing Town Code. He said his question is if he and his wife decide to develop this piece of property are they subject to the new regulations or the building envelope that was laid out when they bought the property under the old regulations? Town Attorney Andrew McGuire advised that the simple answer is that the property will be subject to the new regulations but it will require a replat is most instances where there is either a platted envelope or a platted table of disturbances that are allowed. He added that many of the lots in Firerock would be unaffected is because of the plat itself. Discussion ensued relative to the fact that a lot of lots have already recorded their Hillside Pro tection Easements; Mr. Rodgers willingness to talk with Mr. Mikolajezyk relative to this situation; the fact that HOAs are oftentimes more restrictive than Town codes or subdivision ordinances and the fact that Town ordinances have to be followed; Mr. McGuire's statement that the property owners may be able to avail themselves of the ordinance legally under the Town's regulations but not under the private covenants they signed when they bought the lots; the fact that any overlaps that might be in place would need to be handled on a case-by-case basis; and small lot exemptions. Councilmember Brown advised that he would like to go through each of the six recommendations and explain why he is against changing the ordinance as follows: The driveway exemption, in his opinion, is one of the best parts of the changes. He said that when they laid out the subdivisions and platted everything like Firerock and Eagles Nest, the driveways take up a huge portion of the lump sum of the disturbable space and some of the driveways that they are going to be seeing on some of the last lots to be built on Firerock will require some extremely detailed driveways to get up and into the house. The 10' wide utility easement comes into play because right now currently they take all of the utilities down the driveway and if the power comes in on the opposite corner of the lot, you have to go all the way across the face of the lot and then up the z:\council packets\2014\r141106\141016m.docx Page 9 of 10 driveway and many times it is further from the corner of the lot to the driveway than it is from the utility connection to the house so they are actually tearing up more natural landscape than what would be if they went in a straight line. He added that the only thing he would like to add to the clause is that the open trench area must have a re-vegetation plan submitted with and be part of the approved landscape drawings. He would like to see the same authority take over the re-vegetation of the open trench or the 10' wide utility easement as he would with the detail that is given to thei r approved landscape drawings. He said that right now they said if they have a 10% slope a portion of it can be disturbed and if its 10% to 20% only 30% of the lot can be disturbed and he believes that if someone is going to buy a lot and it is 3 acres in size and they give you 12,000 feet to build on he struggles because he has to pay tax on everything they won't let him use on his own lot that he's paid for. He stated the opinion that that is way too restrictive and what they are coming up with today, greater than 20% and up to 40% is almost verbatim to what every community around them is utilizing so it's not something that they just threw up in the air and threw darts at, it's a rather recommended dimension and percentage that it used around the Valley. He added that as far as the commercially and industrially zoned property exemptions, people have to remember that they have architectural guidelines for all commercial now and they also require all landscape drawings, just like they do on the residential, so at the end of the day they are going to have a commercial property that is going to be nicely landscaped just like all of their commercial properties are -- no foul, no harm -- and the same with the small lots. He said that right now he can drive people by several lots behind Safeway that are basically non-buildable and they are duplex lots because they are sloped so if they don't do something about that those lots will sit there with no value and he doesn't feel that that is fair to the people who bought the lots to build on. He advised that this proposed change does address it and the reasons why he is asking for these changes is firstly and foremost because it makes Fountain Hills a more business-friendly community. Councilmember Brown thanked staff for working so hard on this because Fountain Hills has become an extremely builder-friendly Town all the way down to this hillside ordinance that is currentl y in place. He noted that even the local engineers will attest to this fact. He also stressed the importance of helping the lot buyers. He presented his personal thoughts -- he knows that they are going to keep this ordinance but he doesn't feel like they even need this ordinance. He added that more than half the homes in Town were built before 1999 and you can drive down any street in Fountain Hills and he would defy them to find one street that is not absolutely gorgeous. He added that Fountain Hills is a natural beauty all by itself and he doesn't think the Town should be trying to push an ordinance to make it any more beautiful because they can't. There were no additional citizens wishing to speak on this item. Councilmember Leger commented that some of the comments he has heard from citizens are that it is a little disconcerting when they read Items #5 and #6 -- it says exemptions. He added that where he feels a little more comfortable after all this discussion is when you look at those exempti ons, what first comes to mind is there is no protection environmentally. He noted that cut and fill still comes into play especially in an industrial environment and there are not a lot of commercial lots in Town on hillsides and he is more comfortable after this discussion on Items #5 and #6. Mayor Kavanagh closed the public hearing at 7:35 p.m. AGENDA ITEM #13 - CONSIDERATION OF ORDINANCE #14-08, AMENDING THE TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE, ARTICLE 5 (GRADING STANDARDS), SECTION 5.02 (SUBDIVISION GRADING STANDARDS), AND SECTION 5.04 (HILLSIDE DISTURBANCE) BY MODIFYING THE GRADING AND HILLSIDE DISTURBANCE REQUIREMENTS. CASE #Z2014-04. Councilmember Brown MOVED that the Town Council vote to approve Ordinance 14-08, a proposed text amendment to the Fountain Hills Subdivision Ordinance revising the hillside protection standards in order to allow a greater degree of flexibility during hillside lot design and development and the addition to the utility trenching exemption he would like to require that the trenching area must have a re-vegetation plan submitted with and be part of the approved landscape drawings and Vice Mayor Yates SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). Mayor Kavanagh thanked Councilmember Brown for all of the work that he put into this. z:\council packets\2014\r141106\141016m.docx Page 10 of 10 AGENDA ITEM #14 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM INCLUDED IN THE LEAGUE OR ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. None. 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 TOWN MANAGER KEN BUCHANAN. None. AGENDA ITEM #17 - ADJOURNMENT Vice Mayor Yates MOVED to adjourn the meeting and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). The meeting adjourned at 7:37 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 Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 16th day of October, 2014. I further certify that the meeting was duly called and that a quorum was present. DATED this 6th day of November, 2014. _____________________________ Bevelyn J. Bender, Town Clerk