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HomeMy WebLinkAbout2017.0406.TCREM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 6, 2017 EXECUTIVE SESSION Mayor Kavanagh called the Executive Session to order at 5.30 p.m. in the Fountain Conference Room - 2nd Floor, Town Hall. AGENDA ITEM #1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38-431.03(A)(3), DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY (SPECIFICALLY, REGARDING A CODE ENFORCEMENT MATTER). Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Nick DePorter, Councilmember Alan Magazine, Councilmember Cecil Yates, Councilmember Dennis Brown, Councilmember Art Tolis, and Councilmember Henry Leger. Town Manager Grady Miller, Town Attorney Andrew McGuire, Development Services Director Bob Rodgers, Senior Planner Marissa Moore, Assistant Fire Chief Jason Payne, and Town Clerk Bevelyn Bender were also present. Vice Mayor DePorter MOVED to go into Executive Session at 5:30 p.m. and Commission Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM 42 - ADJOURNMENT. Mayor Kavanagh adjourned the Executive Session without objection at 6:09 p.m. REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:32 p.m. in the Fountain Hills Town Hall Council Chambers. INVOCATION Mayor Kavanagh asked for a moment of silence. * ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Nick DePorter, Councilmember Alan Magazine, Councilmember Cecil Yates, Councilmember Dennis Brown, Councilmember Art Tolis and Councilmember Henry Leger. Town Manager Grady Miller, Town Attorney Andrew McGuire, and Town Clerk Bevelyn Bender were also present. * MAYOR'S REPORT i) ROTATION OF THE VICE MAYOR POSITION TO COUNCILMEMBER ALAN MAGAZINE: PURSUANT TO SECTION 2-2-2 OF THE FOUNTAIN HILLS TOWN CODE, THAT EACH MEMBER OF THE COUNCIL, EXCEPT THE MAYOR, SHALL SERVE AN EIGHT-MONTH TERM AS VICE MAYOR AND SHALL PERFORM THE DUTIES OF THE MAYOR DURING HIS ABSENCE OR DISABILITY. Mayor Kavanagh thanked Councilmember DePorter who served as Vice Mayor for the last eight months and welcomed Councilmember Magazine who was next in line to hold the position. Vice Mayor Magazine stated he was honored to serve and would do his best. ii) THE MAYOR WILL READ A PROCLAMATION DECLARING FOUNTAIN HILLS AS A PURPLE HEART TOWN. z:\council packets\2017\r170504\170406m.docx Page 1 of 10 Mayor Kavanagh read the proclamation (available on-line and in the office of the Town Clerk) declaring the Town of Fountain Hills a "PURPLE HEART TOWN" and acknowledged the veterans in attendance. Mayor Kavanagh presented the proclamation to representatives of the attending veterans and displayed one of twelve Town signs to be placed in strategic areas in Town for Purple Heart recipient's only parking spaces. * SCHEDULED PUBLIC APPREARANCES/PRESENTATIONS Mayor Kavanagh proceeded with the items taken out of order. ii) RECOGNITION OF COACH MATT KEATING AND THE FOUNTAIN HILLS HIGH SCHOOL 3A BOYS STATE BASKETBALL CHAMPIONS. Mayor Kavanagh listed the wins the team had noting the outcome of the final game against Winslow (55-48) to become the 3A Boys State Champion. She expressed how proud everyone was of the "Falcons". Mayor Kavanagh acknowledged those players in attendance and Coach Keating who expressed the schools appreciation for the community's support. iii) RECOGNITION OF THE 2017 FOUNTAIN HILLS COALITION ESSAY CONTEST WINNERS: NOAH OHNSORG (1ST PLACE), MIKAYLA ANDERSON (2ND PLACE), AND LAURA ANDERSON (3RD PLACE). Mayor Kavanagh recognized the contest winners and several runners-up present along with Shelly Mowrey, Director of the Fountain Hills Coalition. Mayor Kavanagh expressed appreciation to all the teachers who helped coordinate the contest involving 225 students participating. Mayor Kavanagh stated that fourteen students received honorable mention and stated how hard it was to choose winners due to all the great submissions. Ms. Mowrey congratulated the students and announced that from 2010 to 2016 there had been a 44% decrease in Fountain Hills' student consumption of alcohol, 67% decrease in cigarette use, 37% decrease in marijuana use, and the 51% decrease in prescription drug abuse. Ms. Mowrey thanked the Sherriff's Department for their support. i) THE MAYOR AND/OR COUNCIL MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC DEVELOPMENT. Mayor Kavanagh requested Councilmember Yates give his activity report on the committees he represented for Fountain Hills. Councilmember Yates stated that the Maricopa Association of Governments Domestic Violence Council met today and added the committee was supporting the following bills through the Legislative process, HB2091 that streamlines the "HELP" program recipient process; HB2268 that streamlines the evidence process to allow a case to move faster into the court system, and HB2444 that streamlines the absolute victim communication process. Councilmember Yates reported he attended the Board of Directors Greater Phoenix Economic Regional Council Committee (GPEC) meeting and mentioned Fountain Hills was already involved in a number of the reported items discussed along with the highest increase in jobs groups in eight years; it was noted that 30% of the companies moving into Arizona from California were bringing their high tech industries, cyber security, innovation centers or mini college campuses to Phoenix, which were calling for an increase for class A and B office buildings. Councilmember Yates added that the greater Phoenix area was also separating into business districts with help from GPEC. Mayor Kavanagh asked Councilmember DePorter to give an update on the Maricopa Association of Government (MAG). Councilmember DePorter reported that MAG was turning 50 years and they were serving as the voice for cities in the greater Phoenix area while being involved in freeway development, water rights, and utilities and serving as an advocate in the Legislature. Councilmember DePorter said he enjoyed the presentation by the Desert Botanical Garden representative on the Central Arizona Conservation Alliance open space plan and added that Fountain Hills was mentioned along with a few other communities, who were dedicated to the preservation of open space. He also remarked that MAG had diverted approximately $65M from other projects to repair the Gilbert Road Bridge. Mayor Kavanagh thanked both Councilmembers for participating in these committee meetings. Mayor Kavanagh announced that she was involved in a very interesting presentation by Jason Bagley, Government Affairs Manager for the Intel Corporation who reported that over the next three to four years Intel would invest in what z:\council packets\2017\r170504\170406m.docx Page 2 of 10 they called "FAB 42" with a $713 investment in an advanced semi -conductor factory located in Chandler, creating 3K high-tech, high wage jobs along with more than 10K long-term jobs in Arizona. She added that Intel would be manufacturing a 7 nanometer chip, which had not been invented yet, but would within the time line of the completion of the factory and Intel would be on schedule with all the new technology. Mayor Kavanagh stated that creating a campus like this would inevitably draw more Silicon Valley companies to Arizona and that Mr. Bagley complimented the Arizona Legislature for working with Intel. Mr. Bagley even mentioned Senator John Kavanagh as a very business friendly Legislator who was interested in the tech industry and would help with reduced government regulations. Mayor Kavanagh noted that hopefully the next meeting would have a speaker from Lockheed Martin to talk to the group about all the new improvements to their facility. Mayor Kavanagh mentioned the Council's joint meeting with the McDowell Preserve Commission and that moving ahead on the trailhead would be a big boom to the Town's economic development and provide another great addition to attract visitors along with a wonderful amenity for the Town's residents. Mayor Kavanagh stated the Town was continuing their discussion during a joint meeting with the State Land Commissioner, Lisa Atkins, and her staff so as to continue moving forward with the State Trust Land project. The Mayor attended the GPEC meeting last week and stats showed that 30% of companies moving to Arizona were from California due to the increases in taxes and regulations. GPEC was confident that many of the companies now in their pipeline would eventually choose Arizona. Mayor Kavanagh mentioned the "Final Four" basketball games were used to invite company representatives to visit Arizona. Mayor Kavanagh reported the statistic why companies move to Arizona, which was because art and culture were rising to prominence as something companies looked for in a community and Fountain Hills had both covered. Mayor Kavanagh reported that members of MAG had all expressed their appreciation for Councilmember DePorter who was now sitting on the Regional Council and they noted he was a great asset to the committee due to his past work experience and current job affiliations. Mayor Kavanagh also mention that Director Chris Camacho informed her how pleased he was to be working with Councilmember Yates and appreciated his expertise in his own field was already proving to be a great asset to GPEC. CALL TO THE PUBLIC Mayor Kavanagh asked if there were requests to speak and Town Clerk Bender answered one request was received from Soonee and Michael Roberts. Mr. and Mrs. Roberts expressed their concerns for the lack of communication and advertising for their jewelry and watercolor classes scheduled by the Parks and Recreation Department. Both mentioned that their classes had been canceled or dramatically decreased and felt it was due to the lack of communication between the Community Center and the Parks and Recreation staff. Mr. Roberts stated he was told he could not hand out flyers himself to advertise classes. Mayor Kavanagh thanked the Robert's for bring this to Council's attention. Mr. Miller stated he would look into the situation and discuss with staff. Mr. Miller pointed out that the classes were advertised in the Town's publication "The Loop", which was sent to every household in Fountain Hills. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM FEBRUARY 27,2017; MARCH 2 AND 7, 2017. AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2017-10, GRANTING A POWER DISTRIBUTION EASEMENT TO SALT RIVER PROJECT AGRICULTURAL AND POWER DISTRICT ON THE TOWN HALL PROPERTY, AND AUTHORIZING ITS SIGNATURE BY STAFF. AGENDA ITEM #3 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY CHRISTINE COLLEY, REPRESENTING THE FOUNTAIN EVENTS INC., FOR THE PURPOSE OF THE ANNUAL OKTOBERFEST FUND RAISER EVENT, TO BE HELD AT 12925 N. SAGUARO BOULEVARD, SCHEDULED TO BE HELD ON FRIDAY, SEPTEMBER 29, 2017, AND SATURDAY, SEPTEMBER 30, 2017, FROM 5:00 PM TO 11:00 PM. z:\council packets\2017\r170504\170406m.docx Page 3 of 10 AGENDA ITEM #4 - CONSIDERATION OF AMENDING THE FOUNTAIN HILLS THEATER (PATRICIA TORRILHON) SPECIAL EVENT LIQUOR LICENSE APPLICATION PREVIOUSLY APPROVED BY THE TOWN COUNCIL ON DECEMBER 15, 2016, FOR THE PROMOTION A FUNDRAISER EVENT TO BE HELD AT 11445 N. SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ, BY CHANGING THE TIME OF THE FUNDRAISER TO 10 AM TO 11 PM, SUNDAY, APRIL 30, 2017, AND AUTHORIZING THE TOWN MANAGER TO SEND A LETTER TO THE ARIZONA DEPARTMENT OF LIQUOR CONFIRMING THE TIME CHANGE. AGENDA ITEM #5 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY WOMEN IN PARTNERSHIP (SHARON MORGAN), FOR THE FOUNTAIN HILLS CHAMBER GALA EVENT, TO BE HELD IN THE GRAND BALLROOM AND LOBBY OF THE FOUNTAIN HILLS COMMUNITY CENTER, 13001 N. LA MONTANA DRIVE, FOUNTAIN HILLS, AZ, FROM S:OOPM TO 10:00 PM ON FRIDAY, MAY 5, 2017. AGENDA ITEM #6 - CONSIDERATION OF APPLYING FOR PROP 202 GRANT FUNDING FROM (I) THE FORT MCDOWELL YAVAPAI NATION, IN THE AMOUNT OF $10,000, (II) THE SALT RIVER PIMA INDIAN COMMUNITY, IN THE AMOUNT OF $45,000.00, AND (III) PROP 302 GRANT FUNDING FROM THE ARIZONA OFFICE OF TOURISM (AOT), IN THE AMOUNT OF $40,000.00, FOR THE TOURISM FUND (TOURAD), WHICH IS TO BE USED FOR ADDITIONAL TOURISM MARKETING. AGENDA ITEM #7 - CONSIDERATION OF APPROVING A CONTRACT WITH THE LAW OFFICE OF MARK IACOVINO IN THE AMOUNT OF $105,000, TO PROVIDE TOWN PROSECUTOR SERVICES ON BEHALF OF THE TOWN OF FOUNTAIN HILLS. AGENDA ITEM #8 - CONSIDERATION OF APPROVING THE FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT (#C2017-007) WITH J2 ENGINEERING, IN THE AMOUNT OF $18,433, FOR THE PURPOSE OF CREATING ADDENDUM DOCUMENTS FOR THE INITIAL PHASE OF THE ADERO CANYON TRAILHEAD PROJECT FOR INTERIM UTILITIES AND AUTHORIZING THE TOWN MANAGER TO SIGN THE AGREEMENT. Vice Mayor Magazine MOVED to approve the Consent Agenda as listed and Councilmember Yates SECONDED the motion. A roll call vote was taken with the following results: Councilmember DePorter Aye Vice Mayor Magazine Aye Councilmember Leger Aye Councilmember Tolis Aye Councilmember Yates Aye Councilmember Brown Aye Mayor Kavanagh Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM #9 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE DARK SKY DESIGNATION APPLICATION. Mr. Miller gave opening remarks and stated the Town had been approached by the dark -sky community committee requesting the Town's support to apply for the designation of a dark -sky compliant community and become a member of the "Dark Sky International". Mr. Miller introduced Senior Planner Marissa Moore who gave a report on the information included in a PowerPoint presentation (available on-line or in the office of the Town Clerk) listing the submittals needed and prepared by staff for the application. Staff recommended Council provide direction regarding the submittal of the "Dark Sky" designation application. z:\council packets\2017\r170504\170406m.docx Page 4 of 10 Vice Mayor Magazine stated the effort was remarkable and noted it began with the concerns and activities of local citizens. Vice Mayor Magazine specifically recognized Joe and Nancy Bill, who were in attendance, for their work in this endeavor. Vice Mayor Magazine expressed his support for the dark -sky application. Vice Mayor Magazine made a MOTION to provide staff direction regarding the submittal of a "Dark Sky" designation application and Councilmember DePorter SECONDED the motion. Mayor Kavanagh asked for comments from Councilmembers. Councilmember Yates expressed his support and opinion that this program would be used statewide and pointed out that the cost of operating these lights were cost effective and justified. Councilmember Yates asked Ms. Moore if she had a cost estimate to retrofit existing municipal buildings and street lights, where applicable. Ms. Moore explained that the Dark Sky committee had identified five areas to be retrofit, which was under $30K. She noted that the Town's Public Works Department would address two areas in forthcoming projects for compliance. A Council discussion ensued concerning the lighting on the Avenue of the Fountains and whether those lights would be in compliance with the dark -sky policy. Mr. Miller explained this issue would be determined after consulting with Dr. John Barentine, program Manager of the International Dark -Sky Association (IDA). Ms. Moore added that some lights could be "grandfathered" because they were installed in compliance with the 2014 IDA standards prior to the Town adopting their new ordinance with possible exemptions for health, safety and welfare required lighting, but again the IDA guidelines were not clear in these requirements. Vice Mayor Magazine asked if the Town required coverage in certain areas for public safety would that affect the dark -sky designation and Ms. Moore answered that along with Dr. Barentine's review an IDA Board was in place to make that determination. Ms. Moore consulted with Mr. and Mrs. Bill and affirmed that an exemption could be made for the health, safety and welfare of the public. Councilmember Tolis asked if Fountain Park would be included in the exemptions and Ms. Moore stated that it would be Council's decision for any requested exempted areas. Councilmember Tolis suggested including commerce as a need for an exemption. Mayor Kavanagh asked who would be responsible for lighting enforcement. Mr. Miller answered that it would be the Town's responsibility and if complaints were received, Code Enforcement would follow-up and decide if a violation occurred. Mayor Kavanagh requested compensation in some form if the Code Enforcement Officer's work load increased. Councilmember Tolis asked if staff had examples of how other Cities or Towns handle their downtown area lighting and Ms. Moore responded that she had contacted Flagstaff and Sedona, both tourist communities with IDA designation and found they have local citizen groups to oversee the application, annual reports and enforcement along with site plan review for compliance. Councilmember Tolis expressed concern for the commerce areas and requested additional information from these communities on any impact seen in their commerce areas before this Council committed to the policy of the International Dark -Sky Community (IDSL). Councilmember Leger pointed out that Council approved a Lighting Ordinance and collaborated, met the Dark -Sky requirements, and expressed he did not see an issue going forward. Vice Mayor Magazine stated he was opposed to waiting for additional information. Councilmember Yates asked about the inspection/monitoring and Ms. Moore answered that an on-going program would be established to measure brightness and monitor and communicate results annually to the IDA and there would be a need for the Town to purchase light monitoring device(s) in order to gather data. Town Manger Miller added that new or retrofit building permit submittals would be reviewed for compliance. Mayor Kavanagh asked about the 11:00 p.m. lighting curfew and Ms. Moore explained that recreational areas and holiday lighting would have to be turned of£ z:\council packets\2017\r170504\170406m.docx Page 5 of 10 Mayor Kavanagh suggested going forward with the application and adding stipulations for specific exemptions in the entertainment and park areas for safety reasons. Mayor Kavanagh asked if there were any speaker cards received and Town Clerk Bender stated that 14 cards were received with 10 cards submitted from those who did not wish to speak. *The following citizens submitted speaker cards but indicated that they did not wish to speak and expressed support for the application. * * Clayton Corey ** Nancy Bill * * Dennis M. Robertson * * Andrea Mackie ** Runa Steenhvis ** Paul Steenhvis ** J. Gleisner * * T. Blank ** Vicky Derksen ** Mark Derksen Those who wished to speak. Joe Bill, a Fountain Hills resident for 30 years and co-chairman of the Fountain Hills Dark -Sky Association, thanked Town staff for their assistance in this process and mentioned he was available to answer questions. Mr. Bill proceeded to reviewed how the group and Town reached the final stage to apply for the International Dark -Sky Community designation and requested Council's support. Amberleigh Dabrowski, a five year resident of Fountain Hills and member of the dark -sky board thanked Mr. and Mrs. Bill and Town staff for seeing the process through and being so accommodating. Ms. Dabrowski expressed what attracted her to Fountain Hills was the community support for dark skies and she mentioned the astro-tourism industry that was growing and praised Copperwynd for their support and compliance in their expansion design. Ms. Dabrowski expressed her support for the designation. Marianne Jacobs, a Fountain Hills resident and President of the Morningside Homeowners' Association with a community of 122 homes, explained that the Morningside Board had previously approved, purchased and installed 58 dark -sky lights placed along the HOA's common areas, with back -lighting used on the Morningside Community signs making the community in total compliance of the dark -sky guidelines, Ms. Jacobs added the HOA would continue to direct all HOA homeowners in their community to install all compliant lighting. Will Jacobs, a Fountain Hills resident and past present of the Morningside Homeowners' Association, explained the HOA purchased dark -sky lighting for their community signs and then noticed the Town installed two Fountain Park signs placing high intensity spot lights directed at the park signs. Mr. Jacobs suggested the Town address this issue to be in compliance. Mr. Jacobs felt that safety lighting could also be accomplished with down lighting and expressed his support for the dark -sky designation. Councilmember Brown asked Mr. Bill if the Town would be involved in the application review process and Mr. Bill answered that the application was clear and upon receipt of the paperwork Dr. Barentine would review the submittal and note any issue he had with the application, then return the application to the Town for possible revisions before sending it to the Board for approval. Mr. Bill addressed the exemptions requested and expressed that it depended on the lighting the Town chose and he felt it was not necessary to point out in the motion or any other way since the public safety need would always override. Mr. Bill noted that the IDA approved the Town's lighting Ordinance, which gave the Town the right to install lighting for safety reasons. Councilmember Leger supported these remarks. Councilmember Leger requested that Mr. Bill elaborate on the Dark -Sky Groups involvement in this process and Mr. Bill explained that along with the original board members there were four new members who were experts in their field to help with annual requirements and other related tasks so not to burden Town staff. Mayor Kavanagh questioned the information from the consultant that the downtown string lights would not be allowed due to the cumulative light total. Mr. Bill answered after speaking with Dr. Barentine it all depended on the lighting z:\council packets\2017\r170504\170406m.docx Page 6 of 10 chosen and noted that LED string lights could meet a high cumulative total, but there were alternatives that could be selected that would be in compliance. Councilmember Tolis agreed with the presentation and placed trust in the Dark -Sky Group. Mayor Kavanagh asked for a vote on the motion, which CARRIED UNANIMOUSLY (7-0). Mayor Kavanagh thanked everyone for their patience to allow Council the time to have their questions answered. AGENDA ITEM #10 - PUBLIC HEARING PURSUANT TO ZONING ORDINANCE SECTION 12.03.F TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW A SINGLE FAMILY RESIDENTIAL DWELLING AT 16810 E. EL PUEBLO BOULEVARD, LOCATED IN THE "C -C; COMMON COMMERCIAL ZONING DISTRICT". Mayor Kavanagh opened the Public Hearing at 7:56 p.m. (Vice Mayor Magazine and Councilmember Leger left the meeting at 7:57 p.m.) Senior Planner Marissa Moore presented the staff report and information included in a PowerPoint presentation (available on-line and in the office of the Town Clerk). Ms. Moore stated that the Planning and Zoning Commission, at their March 9, 2017 meeting, forwarded a recommendation to Town Council to approve the Special Use Permit, subject to the stipulations recommended by staff and two additional proposed stipulations. Staff also recommended approval. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender stated there were none received. Mayor Kavanagh closed the Public Hearing at 8:00 p.m. (Councilmember Leger returned to the dais at 8:00 p.m.) AGENDA ITEM #11 - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW A SINGLE FAMILY RESIDENTIAL DWELLING AT 16810 E. EL PUEBLO BOULEVARD, LOCATED IN THE "C -C; COMMON COMMERCIAL ZONING DISTRICT". Mayor Kavanagh asked if the applicant was present and Ms. Moore answered that they were. Mayor Kavanagh asked for further Council discussion and if not requested a motion. Councilmember Leger MOVED to approve the proposed Special Use Permit to allow a single family residential dwelling at 16810 E. El Pueblo Boulevard, located in the "C -C"; Common Commercial Zoning District', subject to the stipulations recommended by the Planning and Zoning Commission as outlined in the staff report with stipulations and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (6-0), by those present. AGENDA ITEM #12 - PUBLIC HEARING PURSUANT TO ZONING ORDINANCE SECTION 12.05.J AND 12.05.K, TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW LIGHT ASSEMBLY AND STORAGE, AND TO CONDUCT NEW AND USED AUTOMOBILE SALES AND DISPLAY BY S -NAP GOLF CARS LLC AT 11605 N. SAGUARO BOULEVARD, LOCATED IN THE "C-2 — INTERMEDIATE COMMERCIAL" ZONING DISTRICT. Mayor Kavanagh opened the Public Hearing at 8:01 p.m. Ms. Moore presented the staff report and information included in a PowerPoint presentation (available on-line and in the office of the Town Clerk). Ms. Moore stated that staff recommended approval of the proposed Special Use Permit as stipulated. (Vice Mayor Magazine returned to the dais 8:03 p.m.) Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender stated none were received. Mayor Kavanagh closed the Public Hearing at 8:04 p.m. AGENDA ITEM #13 - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW LIGHT ASSEMBLY AND STORAGE, AND TO CONDUCT NEW AND USED AUTOMOBILE SALES AND DISPLAY BY S -NAP GOLF CARS LLC AT 11605 N. SAGUARO BOULEVARD, LOCATED IN THE "C-2 — INTERMEDIATE COMMERCIAL" ZONING DISTRICT. Mayor Kavanagh asked if the applicant was present and Ms. Moore answered that they were. z:\council packets\2017\r170504\170406m.docx Page 7 of 10 Mayor Kavanagh asked for further Council discussion and if not requested a motion. Councilmember Leger MOVED to approve the proposed Special Use Permit to allow custom solar golf car assembly and sales at 11605 North Saguaro Boulevard, located in the "C-2 Intermediate Commercial" zoning district, subject to the stipulations recommended by the Planning and Zoning Commission as outlined in the staff report and one additional stipulation: "this Special Use Permit is not valid and no improvements or occupancy to the building can be made until the non -conforming residence is vacated" and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #14 - PUBLIC HEARING ON ORDINANCE 17-03, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 25, BY ADDING A NEW SECTION 25.03, RELATED TO ALLOWING RESIDENTIAL DWELLING UNITS AS PERMITTED USES WITHIN THE ENTERTAINMENT OVERLAY DISTRICT. Mayor Kavanagh opened the Public Hearing at 8:07 p.m. Bob Rodgers, Director of Development Services, presented the staff report and information included in a PowerPoint presentation (available on-line or in the office of the Town Clerk). Mr. Rodgers stated that the Planning and Zoning Commission during their meeting on March 9, 2017, had voted unanimously to forward a recommendation to approve the ordinance text amendment as proposed and staff also recommended approval of this amendment. Mayor Kavanagh requested confirmation that anyone wanting to covert an upstairs area into an apartment in the downtown area must apply for a permit and meet regulations. Mr. Rodgers responded that was correct. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender stated there were none received. Mayor Kavanagh asked if there were any questions for Mr. Rodgers and none were asked. Mayor Kavanagh closed the Public Hearing at 8:09 p.m. AGENDA ITEM #15 - CONSIDERATION OF ORDINANCE 17-03, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 25, BY ADDING A NEW SECTION 25.03, RELATED TO ALLOWING RESIDENTIAL DWELLING UNITS AS PERMITTED USES WITHIN THE ENTERTAINMENT OVERLAY DISTRICT. Mayor Kavanagh asked if there were any comments from Council. Councilmember Yates commented that this concept was widely used in every municipality around the country targeting people who wanted to be where the action was and this tool gave Fountain Hills one more avenue to attract citizens to move to Fountain Hills. Mayor Kavanagh asked if there were any further comments and if not requested a motion. Councilmember Yates MOVED to approve Ordinance #17-03, a text amendment to Chapter 25 of the Zoning Ordinance relating to residential uses begin permitted in the Downtown Entertainment Overlay District as presented and Councilmember DePorter SECONDED, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #16 - CONSIDERATION OF RESOLUTION 2017-09, ADOPTING THE TOWN OF FOUNTAIN HILLS FINANCIAL POLICIES, AMENDED AND RESTATED APRIL 6, 2017. Mr. Miller stated that this request would update the Town's current Investment Policy to lift restrictions so the Town would now have the flexibility to invest in various types of permitted investments to gain the best interest rate available in insured types of investments. Mr. Miller pointed out Finance Director Craig Rudolphy was present to answer any questions. Mayor Kavanagh asked if Council had any questions for Mr. Miller or Mr. Rudolphy and none were asked. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender stated none were received. Mayor Kavanagh asked for a motion. z:\council packets\2017\r170504\170406m.docx Page 8 of 10 Vice Mayor Magazine MOVED to approve Resolution 2017-09 and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #17 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM INCLUDED IN THE LEAGUE OF ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. a. League Of Cities And Towns Bulletin(s) Mr. Miller explained that the Legislative Session would soon end and in Council's packet were the League's bulletins of listed the bills currently under review and some that were major bills and yet to be decided, such as the Governor's budget and the impact on municipalities' along with the state shared revenue for universities, which was a major concern. Mayor Kavanagh stated that the Fire Legislation was dead and Town Attorney McGuire added that the water bill to assure water supply was now fairly harmless after a major amendment. AGENDA ITEM #18 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER None AGENDA ITEM #19 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER. Councilmember Yates stated that last week he had presented and read the 50th anniversary proclamation of the end of the Vietnam War. He stated he had attended the gathering at the Mayor's request and had been very honored to do so. Mayor Kavanagh reported that the Centennial Circle was dedicated to former Mayor Jerry Miles and now the area surrounded by the Community Center and Library/Museum was now named the "Jerry Miles Sculpture Garden". Mayor Kavanagh stated that Progressive Insurance had a ribbon cutting at the Chamber of Commerce, even though their office was not located in Fountain Hills, they joined the Fountain Hills Chamber to offer jobs in Phoenix and possibly some home-based jobs. Mayor Kavanagh mentioned that Camelot Homes at Adero Canyon had officially opened and noted the homes were beautiful and sales were already doing well for the subdivision, which was a great asset to Fountain Hills. Mayor Kavanagh explained that the Town wanted to thank their many volunteers for all their hard work and dedication by having a reception with a fun "Mardi Gras" theme. She also wanted to give a big thanks to the Town's Volunteer Coordinator Heather Ware and her team of volunteers for putting on this great event. Mayor Kavanagh added that special awards were given for volunteers who worked at various jobs at the Town's facilities. Mayor Kavanagh congratulated the Community Services Department for the outstanding music festival held in Fountain Park where hundreds of people enjoyed the beautiful park, perfect weather, great music, and the kids had fund playing in the park. Mayor Kavanagh reported that "The River of Time Museum" had held their annual "Hall of Fame" induction and wished to congratulate those who were joining the ranks of "Hall of Famers" in Fountain Hills, Fort McDowell and Rio Verde. Mayor Kavanagh stated her last activity was the "Salute to the Legislators" dinner where she was recognized separately as the Mayor of Fountain Hills, which was just another way of getting Fountain Hills noticed by Governor Ducey. z:\council packets\2017\r170504\170406m.docx Page 9 of 10 AGENDA ITEM #20 - ADJOURNMENT Councilmember Brown MOVED to adjourn the meeting and Vice Mayor Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 8:17 p.m. TOWN OF FOUNTAIN HILLS 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 Session, held in the Fountain Conference Room — 2nd Floor and Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 6th day of April, 2017. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of May, 2017. Bevelyn J. Bender, Town Clerk z:\council packets\2017\r170504\170406m.docx Page 10 of 10