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Home My WebLink About2005.0317.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL March 17,2005 Mayor Nichols called the meeting to order at 6:00 p.m. AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38- 431.03.A.4 FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION. (SPECIFICALLY, NEGOTIATIONS WITH RESPECT TO STATE AND TRUST LAND.) Councilman McMahan MOVED to convene the Executive Session and Councilman Archambault SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6 to 0). Mayor Nichols recessed the Executive Session at 6:25 p.m. AGENDA ITEM#2—RETURN TO REGULAR SESSION Mayor Nichols reconvened the Regular Session at 6:30 p.m. Following the invocation by Councilman Ed Kehe, roll call was taken. ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Councilman Archambault, Mayor Nichols, Councilman Schlum, Councilman Kehe, Councilwoman Nicola, and Councilman McMahan. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Public Works Director Tom Ward, Town Clerk Bev Bender, Planning and Zoning Administrator Richard Turner, and Captain John Kleinheinz were also present. Councilman Kavanagh was absent from the meeting. CALL TO THE PUBLIC Town Clerk Bev Bender advised that there were no speakers. CONSENT AGENDA Mayor Nichols read the following consent agenda items: AGENDA ITEM#1 —CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF 03/03/05. AGENDA ITEM #2 — CONSIDERATION OF APPROVING THE TEMPORARY EXTENSION OF PREMISES APPLICATION SUBMITTED BY PHIL'S FILLING STATION, LOCATED AT 11044 SAGUARO BLVD.,SCHEDULED FOR MARCH 26,2005 FROM 12 P.M.TO 5 P.M. AGENDA ITEM #3 — CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH SOUTHWEST SLURRY SEAL FOR STREET MAINTENANCE. AGENDA ITEM #4 — CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR "ARROW GULCH CONDOMINIUMS," AN 8-UNIT CONDOMINIUM PROJECT AND LOT JOIN, E:\BBender\Documents\Current Minutes 2005\03-17-05 Regular and Executive Session.doc Page 1 of 5 LOCATED AT 16352 AND 16344 ARROW DRIVE, AKA LOTS 13 AND 14, BLOCK 8, PLAT 111. CADE#52005-01. Councilman Archambault MOVED to approve the Consent Agenda as read and Councilman McMahan SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Nicola Aye Mayor Nichols Aye Councilman Kavanagh Absent Councilman Schlum Aye Councilman Kehe Aye Councilman McMahan Aye Councilman Archambault Aye The motion CARRIED UNANIMOUSLY by those present(6 to 0). ACTION AGENDA Mayor Nichols announced to the public that Agenda Items 5 through 8 would be considered at another time. Town Attorney Andrew McGuire advised that the items should be continued to a specific future meeting date. Senior Planner Dana Burkhardt stated that the items should be continued to the April 7, 2005 Regular Council meeting. Mayor Nichols MOVED to continue items 5, 6, 7, and 8 to the April 7, 2005, Council meeting. Councilman .44) McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6 to 0). AGENDA ITEM #5 — PUBLIC HEARING REGARDING ORDINANCE 05-02, WHICH WOULD AMEND THE"OFFICIAL ZONING DISTRICTS MAP"FOR THE TOWN OF FOUNTAIN HILLS TO REZONE LOT 34 AND LOT 60, BLOCK 1, FINAL PLAT 506C AND THE ABUTTING UNPLATTED PARCEL OF LAND TO THE WEST OF LOT 34 FROM THE "R1-35 & R1-43" SINGLE-FAMILY ZONING DISTRICTS TO A "R1-35 PUD," SINGLE-FAMILY PLANNED UNIT DEVELOPMENT ZONING DESIGNATION. CASE#Z2004-10. Continued to the April 7,2005 meeting. AGENDA ITEM #6, CONSIDERATION OF ORDINANCE 05-02, WHICH WOULD AMEND THE "OFFICIAL ZONING DISTRICTS MAP" FOR THE TOWN OF FOUNTAIN HILLS TO REZONE LOT 34 AND LOT 60, BLOCK 1, FINAL PLAT 506C AND THE ABUTTING UNPLATTED PARCEL OF LAND TO THE WEST OF LOT 34 FROM THE "R1-35 & R1-43" SINGLE-FAMILY ZONING DISTRICTS TO A "R1-35 PUD," SINGLE-FAMILY PLANNED UNIT DEVELOPMENT ZONING DESIGNATION. CASE#Z2004-10. Continued to the April 7,2005 meeting. AGENDA ITEM#7—CONSIDERATION OF THE PRELIMINARY PLAT FOR"HIGH NOB ACRES," A 14-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION LOCATED ON LOT 34 AND LOT 60, BLOCK 1, FINAL PLAT 506C, AND THE ABUTTING UNPLATTED PARCEL OF LAND TO THE WEST OF LOT 34. CASE#S2004-22. Continued to the April 7,2005 meeting. E:\BBender\Documents\Current Minutes 2005\03-17-05 Regular and Executive Session.doc Page 2 of 5 AGENDA ITEM#8—CONSIDERATION OF A CUT AND FILL WAIVER FOR"HIGH NOB ACRES," A 14-LOT SINGLE—FAMILY RESIDENTIAL SUBDIVISION LOCATED ON LOT 34 AND LOT 60, BLOCK 1, FINAL PLAT 506C, AND THE ABUTTING UNPLATTED PARCEL OF LAND TO THE WEST OF LOT 34. CASE#CFW2005-01. Continued to the April 7,2005 meeting. AGENDA ITEM #9 — PUBLIC HEARING REGARDING RESOLUTION 2005-15, WHICH WOULD AMEND THE GENERAL PLAN LAND USE MAP TO CORRECT ERRONEOUS LAND USE CLASSIFICATIONS OVER CERTAIN PRIVATE PROPERTY DESIGNATED AS "OPEN SPACE" BY REVERTING SUCH LAND USE DESIGNATION TO THE CATEGORIES EXISTING PRIOR TO THE 2002 GENERAL PLAN UPDATE. CASE#GPA2004-03. Mayor Nichols declared the public hearing open at 6:40 p.m. Mr. Pickering introduced Senior Planner Dana Burkhardt to the Council and Mr. Burkhardt provided an overview of the Staff Report. He noted that the General Plan served as a community's "blueprint" for future growth and depicted the vision, goals, and objectives of the community and systematically examined existing conditions and their implications for the future. Mr. Burkhardt stated that the Town of Fountain Hills General Plan, adopted June 20, 2002, fulfilled the State of Arizona Growing Smarter legislation, ARS §9-461.05 & 06. He said that under this legislation, the plan shall include a land use element that "designates the proposed general distribution and location and extent of such uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and other categories of public and private uses of land as may be appropriate to the municipality." He added that the adopted General Plan fulfills this requirement through the incorporation of Exhibit 4, the "Land Use Map", and said that the map is a graphic representation of the adopted vision, goals and objectives within the document and utilizes land use classifications appropriate to depict such information. Mr. Burkhardt informed the Council that when the 2002 General Plan was adopted, it erroneously amended 16 privately owned parcels of land from their pre-existing land use designations to the Open Space ("OS") land use designation. He stated that the designation of privately owned property to Open Space required that the Town receive written consent from the property owners, pursuant to ARS §9-461.06(N). He noted that the Town had no evidence that written consent had been provided for the 16 residential properties described in Resolution 2005-15 and therefore staff recommended that the Council approve the resolution in keeping with the consent provisions of the Arizona Revised Statute. He advised that staff believed the properties were unintentionally designated as Open Space and the Land Use Map should be corrected to reflect designations that were in place prior to the adoption of the 2002 General Plan. Mr. Burkhardt stated that staff and the members of the Planning & Zoning Commission recommended approval of Resolution 2005-15, amending the Town of Fountain Hills 2002 General Plan Land Use Map to correct erroneous land use classifications over certain private properties designated as Open Space by reverting such land use designations to the categories existing prior to the 2002 General Plan. Councilman Kehe asked whether the owners of all the land in private hands were contacted and Mr. Burkhardt responded that notifications were sent to all the owners. Councilman Kehe requested input from Mr. McGuire regarding legal aspects associated with this agenda item. Mr. McGuire expressed the opinion that they were "over zealous" when the 2002 General Plan was amended and now this was the only way to get them back on track. In response to a question by Councilman Kehe, Mr. Burkhardt added that none of the owners had indicated a preference for the land to remain "Open Space" and Councilman Schlum indicated that some owners had erected buildings on their properties. E:\BBender\Documents\Current Minutes 2005\03-17-05 Regular and Executive Session.doc Page 3 of 5 There being no citizens present wishing to speak on the item, the Mayor declared the public hearing closed at 6:41 p.m. '4411) AGENDA ITEM #10 — CONSIDERATION OF RESOLUTION 2005-15, WHICH WOULD AMEND THE GENERAL PLAN LAND USE MAP TO CORRECT THE ERRONEOUS LAND USE CLASSIFICATIONS OVER CERTAIN PRIVATE PROPERTY DESIGNATED AS "OPEN SPACE" BY REVERTING SUCH LAND USE DESIGNATIONS TO THE CATEGORIES EXISTING PRIOR TO THE 2002 GENERAL PLAN UPDATE. CASE#GPA2004-03. Councilman Archambault MOVED to approve Resolution 2005-15 and Councilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6 to 0). AGENDA ITEM #11 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. None. AGENDA ITEM #12 — COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH ITEMS ON A FUTURE AGENDA FOR ACTION OR (ii) OR DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: A. REQUESTD BY VICE MAYOR NICOLA — PLACING THE ITEM OF ADOPTING A BAN ON MOTORIZED SKATEBOARDS AND OTHER LIKE VEHICLES SIMILAR TO NEIGHBORING CITIES AND TOWNS ON A FUTURE AGENDA FOR ACTION. Councilwoman Nicola stated the opinion that it was time for the Town of Fountain Hills to look at this serious issue and stressed the importance of attempting to standardize regulations to conform with those in effect in other municipalities. She noted that the matter impacts the health and safety of the community and asked the other members of the Council for their support in establishing a ban on motorized skateboards and similar vehicles. Councilman McMahan indicated his support for proceeding with a proposal to ban the vehicles and said he believed that the Vice Mayor was bringing this matter forward in a timely manner, since other municipalities were in the process of adopting regulations or had already done so. Councilman Schlum agreed with the speakers' previous comments. Mayor Nichols commented that they would definitely look into this issue and in response to a request from the Vice Mayor for a timeframe, Mr. Pickering asked Captain Kleinheinz to speak on the item. The Mayor emphasized the importance of allowing sufficient time for public input and said that this critical process would lengthen the timeframe until the matter was brought before the Council for consideration and action. Captain Kleinheinz estimated that it would take approximately 30 days to obtain citizen input and be ready to present a proposal to the Council for consideration. AGENDA ITEM#13—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER Mr. Pickering commented that other than conduct research into the possibility of implementing a ban on motorized skateboards and similar vehicles, no additional requests were made. He indicated his intention to speak to the Public Safety Commission regarding this issue. E:\BBender\Documents\Current Minutes 2005\03-17-05 Regular and Executive Session.doc Page 4 of 5 • Mayor Nichols stated that this item would be the topic of discussion at a future Council meeting to be held approximately 30 to 45 days from now. AGENDA ITEM#14—ADJOURNMENT Vice Mayor Nicola MOVED that the Council adjourn and Co cilman Kehe SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6 to 0). The eeting adjourned at 6:50 p.m. TOWN OF U AII)d'HILLS �r By 6 Wally ' s, ayor ATTEST AND PREPARED BY: Bevelyn . Be der,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session and Executive Session held by the Town Council of Fountain Hills on the 17th day of March 2005. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of April 2005. / 9/ Bevelyn J. de , own Clerk L E:\BBender\Documents\Current Minutes 2005\03-17-05 Regular and Executive Session.doc Page 5 of 5 J