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2017.0905.TCREM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 5, 2017 EXECUTIVE SESSION Mayor Kavanagh called the Executive Session to order at 4.45 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: (i) A.R.S. 38-431.13.03(A)(3), DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; AND, (ii) A.R.S.4 38-431.03(A)(4), DISUSSION OR CONSULATION WITH THE ATTORNEY OR ATTORNEYS FOR THE PUBLIC BODY IN ORDER TO CONSIDER ITS OSTION AND INSTRUCT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSION CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION [SPECIFICALLY RELATING TO THE PALISADES RESORTS LLC DEVELOPMENT AGREEMENT AND PLANNED AREA DEVELOPMENT. Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Alan Magazine, Councilmember Henry Leger, Councilmember Art Tolis, Councilmember Dennis Brown, Councilmember Cecil Yates, and Councilmember Nick DePorter. Town Manager Grady E. Miller, Town Attorney Andrew McGuire, Director of Development Service Bob Rodgers and Town Clerk Bevelyn Bender were also present. Councilmember Yates MOVED to go into Executive Session at 4:45p.m. and Councilmember Dennis Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #2 - ADJOURNMENT. Mayor Kavanagh adjourned the Executive Session without objection at 4:56 p.m. REGULAR SESSION CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 5:34 p.m. in the Fountain Hills Town Hall Council Chambers. INVOCATION Father John Les Callett, Vicar of the Anglican Church of Atonement ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Alan Magazine, Councilmember Nick DePorter, Councilmember Cecil Yates, Councilmember Dennis Brown, Councilmember Art Tolis, and Councilmember Henry Leger. Town Manager Grady E. Miller, Town Attorney Andrew McGuire, and Town Clerk Bevelyn Bender were also present. MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPREARANCES/PRESENTATIONS i) THE MAYOR AND/OR COUNCIL MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC DEVELOPMENT. Councilmember DePorter displayed the Maricopa of Association of Government (MAG) Regional Council's Solid Waste Magazine and noted that Fountain Hills was mentioned several times for their participation in a recycling and rewards program. He also spoke of Federal Legislation proposed to increase the "Boarder Crossing Card" z:\council packets\2017\r170919\170905m.docx Page 1 of 7 radius in Arizona to 75 miles permitting Mexican citizens to participate in commerce and visit their families within a certain time period and within those boundaries after qualifying and submitting the proper paper work and issuance of a permit. Councilmember DePorter mentioned according to MAG, these visitors would bring in $185M in additional revenue to Arizona. Councilmember DePorter reported that a Federal Government's update on the "Critical Urban Freight Corridor" grant was discussed and would add additional left lanes to the qualifying west I-10 freeway in Phoenix, permitting easier access for commerce to California. Councilmember Yates stated as a sitting member on the MAG committee on "Domestic Violence" noted their awareness month was in October and directed people to visit MAG's website to view events planned, which also included fun family activities. Councilmember Tolis reported on the "Fountain Hills Drug Coalition" and noted the Coalition was working together to reduce substance abuse in students ages 12 to 18 years old. He also stated that with the start-up of the new school year, the Coalition initiated their "Above That Club" where students pledged to be drug and alcohol free along with their encouragement to parents to pledge a "Safe Home" and commit to keeping those substances out of their homes. Councilmember Tolis also mentioned the "Text A Tip" program. Mayor Kavanagh expressed her appreciation to the Councilmembers who served on these committees. Mayor Kavanagh attended the annual "League of Arizona Cities and Towns" conference in Tucson representing Town Council along with Town Manager Grady Miller representing staff and three Fountain Hills' students who focused on the youth portion of the conference. These students were accompanied by the Mayor's Youth Council Coordinator Heather Ware and IT Director Mike Ciccarone. Mayor Kavanagh pointed out that Fountain Hills students [Anthony, Peter and Kyle] carried the Fountain Hills flag during the opening ceremony of the conference and later attended several youth activities with other student groups from across the state. Mr. Miller attended the lunch with the students and they discussed the duties, responsibilities and educational requirements to become a City Manager. Mayor Kavanagh explained that discussions on Arizona's economic state were a big part of the conference. She acknowledged serving on the Resolution Committee and pointed out that all 91 State Mayors attended this meeting to determine those bills they would like the League to see if they could be passed in the next Legislative Session and those previously passed bills that they would like the League to try and amend. Mayor Kavanagh noted that she was selected to be chair of the "Neighborhood Sustainability Committee" and that the committee introduced a resolution to the Legislature requesting more municipal control over unstructured sober living homes. She added this resolution was introduced by the City of Phoenix in response to openings of these type homes without City regulations except for the Arizona Department of Health Services who does not have the staff to investigate every unstructured home. Mayor Kavanagh mentioned that Fountain Hills had sober living homes also in Town. Mayor Kavanagh pointed out that the committee's resolution was amended to include structured and unstructured homes. She also pointed out that another benefit to this conference was that she was able to meet with COX representatives and Republic Services attendees who were also the Town's service providers. Mayor Kavanagh asked Mr. Miller to report on their meeting with the five EPCOR representatives to specifically discuss the constant water main breaks in Sunridge Canyon and to provide an update on the fountain in Fountain Park adjustments. Mr. Miller said he reviewed with EPCOR senior staff members and their Senior Engineer the details of the water breaks in the Sunridge Canyon area and how it affected the residents and Town staff time. Mr. Miller requested EPCOR to invest in their Capital Improvement Projects and permanently remedy the problems of weaken water pipes under the roads. Mr. Miller reported that EPCOR later informed him that by the end of the month they would provide a time -line and proposed schedule to address this issue. Mr. Miller said that changes were made to address the wind speed to allow running the fountain more frequently with fewer stoppages while maintaining compliance with the Town's permit issued by the Arizona Department of Quality that addresses the over -spray of effluent water. ii) RECOGNITION OF RETIRING STRATGIC PLANNING ADVISORY COMMISSIONER BERNE HOENLE. z:\council packets\2017\r170919\170905m.docx Page 2 of 7 Mr. Miller noted he has been the staff liaison for the Strategic Planning Advisory Commission for approximately two years and has worked with Commissioner Hoenle. He said that the Commissioner had always participated and been active on this board; however, Mr. Hoenle would now be involved in another area of service within Fountain Hills. Mayor Kavanagh presented a "Certificate of Appreciation" from the Town to Mr. Hoenle. iii) INTRODUCTION OF THE NEWLY APPOINTED COMMUNITY SERVICES DIRECTOR (RACHAEL GOODWIN) AND PUBLIC WORKS DIRECTOR DUSTIN WELDY). Town Manager Grady Miller introduced both newly appointed staff members and reviewed their work backgrounds. iv) RECOGNITION OF THE FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT FOR RECEIVING TWO -2017 ARIZONA PARKS AND RECREATION ASSOCIATION AWARDS FOR BEST FACILITY AWARD FOR POPULATIONS UNDER 25,000: FOR THE MUSICAL INSTRUMENT PARK AND THE BEST SPORTS PROGRAM AWARD FOR NERF WARS. Mayor Kavanagh acknowledged the awards presented to Fountain Hills from the Arizona Parks and Recreation Association (APRA) as "Nerf Wars" instructed by Larry Fickes the "2017 Best Sports Program" with more than 500 kids who participated over the last year. Mayor Kavanagh pointed out that the "Rotary Community Musical Park" was awarded the "Best New Facility" and acknowledged the participation of Director and Co -Chair Bill Pape and Steve Ryan who were members of the "Four Peaks Rotary Club". Mayor Kavanagh acknowledged the major financial contributors as the Fountain Hills Civic and Cultural Association, Greening Committee (Jenny Willigrod, Jerry Butler and Susan Jones), Fountain Hills Rotary Club (Past President Michelle Holcomb and current President Tony Pistillil) and the Four Peaks Rotary Club (President and Councilmember Art Tolis). Mayor Kavanagh presented the award and congratulated all those involved in these projects. Susan Jones was also acknowledged for designing the landscape for the Community Music Park and it was mentioned that she was a Fountain Hills resident who was very active in Fountain Hill's "Greening" committee. Mayor Kavanagh also thanked Recreation Coordinator Cory Povar for his work with the kids and the program. Vice Mayor Magazine also thanked all the Town's volunteers who helped make these programs a success. CALL TO THE PUBLIC Mayor Kavanagh asked if there were requests to speak and Town Clerk Bevelyn Bender answered one request was received. Gene Mikolajczyk expressed his objection to a Councilmember's reaction to his recent questioning of a possible conflict of interest involving a business sign located in Fountain Hills and read the recommendation from Judge Patterson involving the Judge's decision on the matter. Mr. Mikolajczyk provided his summarized comments to the Town Clerk. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM AUGUST 15, 2017. AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2017-29, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION RELATING TO PROPOSITION 202 FUNDING. AGENDA ITEM #3 - CONSIDERATION OF APPROVING RESOLUTION 2017-30, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED AT THE REAR PROPERTY LINE OF REPLAT 604-D, BLOCK 6, LOT 3 (15801 E. OCOTILLO DRIVE), AS RECORDED IN BOOK 277, PAGE 46, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA2017-05) z:\council packets\2017\r170919\170905m.docx Page 3 of 7 AGENDA ITEM #4 - CONSIDERATION OF APPROVING A PROFESSIONAL SERVICES AGREEMENT (2018-033) GRAPHIC DESIGN SERVICES WITH MISS DETAILS DESIGN, FOR ONE YEAR WITH FOUR RENEWALS NOT TO EXCEED $100,000.00. AGENDA ITEM #5 - CONSIDERATION OF APPROVING AN AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT C2016-176, BETWEEN SYNERGY PETROLEUM, LLC AND THE TOWN OF FOUNTAIN HILLS, FOR BULK FUEL PURCHASING IN AN AMOUNT OF $15,000, FOR A CONTRACT TOTAL NOT TO EXCEED $127,000. Vice Mayor Magazine MOVED to approve the Consent Agenda as listed and Councilmember DePorter SECONDED the motion. A roll call vote was taken with the following results: Mayor Kavanagh Aye Vice Mayor Magazine Aye Councilmember DePorter Aye Councilmember Yates Aye Councilmember Brown Aye Councilmember Tolis Aye Councilmember Leger Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM # 6 — PUBLIC HEARING TO RECEIVE COMMENT ON THE TOWN OF FOUNTAIN HILLS' BIENNIAL DEVELOPMENT IMPACT FEE AUDIT REPORT, PRESENTED BY KEVIN BURNETT, SENIOR PROJECT MANAGER, WITH WILLDAN FINANCIAL SERVICES. Mayor Kavanagh opened the Public Hearing at 6:03 p.m. Manager Miller introduced Finance Director Crag Rudolphy who provided background information on the purpose under State Statue requirement to participate in an audit (results of the audit in its entirety were posted on the Town's website and are available in the office of the Town Clerk). Kevin Burnett described the four pieces of information reviewed in the audit as follows: 1) Land Use assumptions and the progress the Town was making for the developed ten year period. 2) Infrastructure Improvement Plan and what Capital Improvements would be accomplished over the next ten year period and its progress. 3) Level of service proportionately to the Assessment Fees. 4) Assessment Fees Mr. Burnett mentioned this was the first audit of this kind for the Town and was in two years of a ten year time period and reported Willdan did not see any problems in the Town's progress and would give the Town an A+ in their progress. Councilmember Yates asked if development fees should be addressed in a development agreement and Mr. Burnett responded yes. Councilmember Leger asked for clarification and Mr. Burnett answered that if fees were waived or other financial arrangements involving fees were made that would be seen in a development agreement. Mayor Kavanagh thanked Mr. Burnett for his report and asked if there were any speaker cards. Town Clerk Bender answered none were received. Mayor Kavanagh asked for further discussion on this item and proceeded to close the Public Hearing at 6:10 p.m. z:\council packets\2017\r170919\170905m.docx Page 4 of 7 AGENDA ITEM #7 — PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 17-09, AN AMENDMENT TO THE TOWN OF FOUNTAIN HILLS OFFICIAL ZONING DISTRICT MAP FOR APPROXIMATELY 16.5 ACRES LOCATED AT 13225 NORTH EAGLE RIDGE DRIVE IN FOUNTAIN HILLS, ARIZONA, AS SHOWN IN CASE NO. Z2017-02, BY MODIFYING THE PREVIOUSLY -ADOPTED PLANNED AREA DEVELOPMENT (COPPERWYND PAD). (CASE #Z2017-08) Mayor Kavanagh announced that agenda items 7, 8 and 9, would be presented in one staff report with request to speak cards addressed during item #7, the Public Hearing. Mayor Kavanagh opened the Public Hearing at 6:10 p.m. Development Services Director Bob Rodgers reviewed the information contained in the staff report related to a proposed amendment of the "Copperwynd PAD" included in a PowerPoint presentation (available on-line and in the office of the Town Clerk). Mr. Rodgers noted that the Planning and Zoning Commission recommended approval of the proposed amendment with the three stipulations. He also added that staff recommended Town Council approve the amendment subject to the stipulations as outlined by the Commission. Mayor Kavanagh acknowledged that the applicants were present and asked Council if there were questions for Mr. Rodgers. Vice Mayor Magazine asked for a realistic time frame for construction. Jordan Rose introduced herself as the applicant's legal representative noting that Bill Hinz, owner of the Copperwynd Resort, was in attendance along with the architect and Planner for the project. Ms. Rose stated the requests brought forth tonight were for clarification purposes only and would bring more rooms quicker. Ms. Rose said that documents would be completed at the end of December 2017, with completion of the project scheduled for January 2019. Councilmember DePorter asked if the owner approved the Planning and Zoning Commission's stipulations and Ms. Rose replied they were fine. Councilmember Leger inquired what projections were used for the occupancy percentages and Bill Hinz answered 70- 72%. Mayor Kavanagh expressed her excitement for the beautiful resort and its expansion. Mayor Kavanagh asked for speaker cards and Ms. Bender answered there were seven; six choose not to speak but wanted Council to know they all supported the project. 1) Paul Perreault, a Fountain Hills resident 2) Tom Boyle, a Scottsdale resident and member of the Copperwynd Resort 3) Rebecca Hollingsworth, a Phoenix resident 4) K. Kahlor, a Fountain Hills resident 5) Yolanda Celeyc, a Tempe resident 6) Michaela Vazquez, a Phoenix resident Brian Klein, a Fountain Hills resident and General Manager of the Copperwynd Club, spoke in favor for the project. Mayor Kavanagh closed the Public Hearing at 6:23 p.m. AGENDA ITEM #8 — CONSIDERATION OF ORDINANCE 17-09, AN AMENDMENT TO THE TOWN OF FOUNTAIN HILLS OFFICIAL ZONING DISTRICT MAP FOR APPROXIMATELY 16.5 ACRES LOCATED AT 13225 NORTH EAGLE RIDGE DRIVE IN FOUNTAIN HILLS, ARIZONA, AS SHOWN IN z:\council packets\2017\r170919\170905m.docx Page 5 of 7 CASE NO. Z2017-02, BY MODIFYING THE PREVIOUSLY -ADOPTED PLANNED AREA DEVELOPMENT (COPPERWYND PAD). (CASE #Z2017-08) Mayor Kavanagh asked for any discussion and if not requested a motion. Councilmember Yates commented that he wanted the public to know that the lack of questions from Council was due to the large amount of information that had been provided to Council, which made it possible for Council to make their decision. Councilmember Yates MOVED to approve the proposed amended and restated "Copperwynd PAD" as presented and subject to the stipulations outlined by the Planning and Zoning Commission and Councilmember DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #9 — CONSIDERATION OF RESOLUTION 2017-27, THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN AND PALISADES RESORTS, LLC. (CASE #DA2017-01.1) Mayor Kavanagh asked for any discussion and if not, she requested a motion. Councilmember Brown MOVED to approve the first amendment to the Copperwynd Development Agreement as presented and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #10 — PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 17-08 AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE RELATING TO CANYON -SIDE LOTS, BY ADDING A NEW SECTION 5.10 — CANYON -SIDE LOT REGULATIONS, AMENDING SECTION 1.12, DEFINITIONS, AND MODIFYING THE SINGLE-FAMILY ZONING DISTRICT DENSITY, AREA, BUILDING AND YARD REGULATIONS CHART IN SECTION 10.09. CASE #Z2017-06 Mayor Kavanagh announced that agenda items 10 and 11 would be presented in one staff report with speaker cards for both items addressed during the Public Hearing, item #10. Mayor Kavanagh opened the Public Hearing at 6:26 p.m. Marissa Moore, Senior Planner, reviewed the information contained in the staff report and as included in a PowerPoint presentation (available on-line and in the office of the Town Clerk). Ms. Moore noted a request was received for staff to investigate alternative development regulations for single family residential lots or parcels with slopes of 30% or greater. Ms. Moore said she had consulted with the Town Engineer and other communities with similar terrain to determine the proposed "Canyon -Side Residential Development regulations". She reviewed the summary of the amendments: 1) Define which lots or parcels will be labeled "Canyon -Side Residential". a. Lots in residential zoning districts, which are downhill of the right-of-way on which they have legal frontage or access; and b. Lots on which the area under the building footprint has a slope equal to or greater than 30%; (Ms. Moore referenced a correction to her PowerPoint slide and removed the beginning 30% of lots as shown to read b) Lots on which the area under the building footprint has a slope equal to or greater than 3001o). 2) Provide reduced setbacks to 10 -feet from the front property line from the requirement in the respective zoning district; 3) Provide regulations for overall building height to reduce the visual impact down the canyon side. Ms. Moore reported that the Planning and Zoning Commission voted 5-1 to recommend Council approve the ordinance text amendments to Chapters 1 and 5 of the Zoning Ordinance related to the canyon side residential development and added that staff also recommended approval. Mayor Kavanagh asked for discussion on this item. Councilmember Brown thanked staff for their work on this amendment and acknowledged John Fontain, builder for many years in Fountain Hills, who contributed his input to allow builders to build on extremely sloped properties in Fountain Hills. Councilmember Brown supported this z:\council packets\2017\r170919\170905m.docx Page 6 of 7 amendment and expressed that hopefully the Town would continue to work on this amendment to fit all situations concerning sloped properties. Councilmember Yates stated his support for this amendment. Mayor Kavanagh asked if there were speaker cards and Ms. Bender answered none were received. Mayor Kavanagh closed the Public Hearing at 6:31 p.m. AGENDA ITEM #11 — CONSIDERATION OF ORDINANCE 17-08, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE RELATING TO CANYON -SIDE LOTS, BY ADDING A NEW SECTION 5.10 — CANYON -SIDE LOT REGULATIONS, AMENDING SECTION 1.12, DEFINITIONS, AND MODIFYING THE SINGLE-FAMILY ZONING DISTRICT DENSITY, AREA, BUILDING AND YARD REGULATIONS CHART IN SECTION 10.09. CASE #Z2017-06 Mayor Kavanagh announced if there was no further discussion, she requested a motion. Councilmember Yates MOVED to approve Ordinance 17-08, amending the Fountain Hills Zoning Ordinance relating to canyon side lots, by adding a new Section 5.10, Canyon -Side Lot Regulations, amending Section 1.12, Definitions, and modifying the single family zoning district density, area, building and yard regulations chart in Section 10.09 and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #12 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. None. AGENDA ITEM #13 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER. None. AGENDA ITEM #14 - ADJOURNMENT Councilmember Brown MOVED to adjourn the meeting and Councilmember DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 6:32 p.m. TOWN OF FOUNTAIN HILLS Lo ATTEST AND PREPARED BY: Bevelyn J. Bender, Town Clerk Linda M. Kavanagh, Mayor 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 5th day of September, 2017. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 19th day of September, 2017. Bevelyn J. Bender, Town Clerk z:\council packets\2017\r170919\170905m.docx Page 7 of 7