HomeMy WebLinkAbout2005.0901.TCRM.Minutess TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 1, 2005
Mayor Nichols called the meeting to order at 6:30 p.m.
INVOCATION—The invocation was led by Pastor Don Lawrence, Christ's Church.
ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council:
Councilmember Archambault, Mayor Nichols, Councilmember Kehe Councilmember Kavanagh, Vice
Mayor Schlum, and Councilmember McMahan. Town Manager Tim Pickering, Town Attorney Andrew
McGuire,Recording Secretary Shaunna Williams, and Planner Kate Zanon were also present.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS:
(i) The Mayor will read a proclamation declaring the first week of September,2005 Reach Out Now
Teach-In Week.
Mayor Nichols read a proclamation declaring the first week of September, 2005, Reach Out Now Teach-In
Week. He stated that in 2004 approximately 107 million drinkers were under the legal age (ages 12 to 20)
and noted that alcohol use among children and adolescents starts early and increases rapidly with age. The
Mayor noted that by the time the youths reach the eighth grade nearly 50% have used alcohol illegally at
least once and over 20% report having been "drunk". He emphasized the importance of parent-child
relationships, discipline methods, communication, monitoring/supervision and parental involvement in order
to exert a significant influence on the control of alcohol by youths. He announced that the Substance Abuse
and Mental Health Services Administration, the U.S. Department of Health and Human Services and the
Town of Fountain Hills invite all residents to participate in the"Reach Out Now Teach-In Week."
(ii) The Mayor will read a proclamation declaring September 11, 2005 Help Make the Arizona 9/11
Memorial Monument Day.
Mayor Nichols read a proclamation declaring September 11, 2005 Help Make the Arizona 9/11 Memorial
Monument Day. He stressed the importance of immortalizing the courage and heroism of those who made
the ultimate sacrifice on September 11, 2001 and stated that an Arizona 9/11 memorial monument is
currently in the planning stages and will be permanently displayed at the State Capitol. He added that the
purpose of the monument is to help ensure that future generations of Arizonans will continue to honor the
memory of family, friends and fellow citizens lost on September 11t. The Mayor noted that the Town of
Fountain Hills wishes to join with other Arizona communities in an effort to make the memorial monument a
reality and encouraged all citizens to purchase a limited edition memorial pin at any Bashas' store to help
fund the monument. Mayor Nichols advised that the Town was previously going to hold a memorial
ceremony at the Community Center on September 11t but said that another organization has stepped forward
and is planning to host this important event. He invited all residents to observe September 11th by joining
Town officials, fellow residents and public safety officials on that date at the performance pad at the park at
9:00 a.m. for a remembrance ceremony and to acknowledge law enforcement and fire personnel who protect
and defend them 24 hours a day, 7 days a week, not just in times of tragedy.
thir CALL TO THE PUBLIC:
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Mr. Robert Tripp, 16410 E. Tombstone Avenue, addressed the Council and said that 100 years from now,
people are going to look back at hurricane Katrina and saying "what a disaster; how did we respond?" He
stated that many people are responding on an individual basis by making contributions and commended them
for their efforts. He added that the citizens of Fountain Hills have a unique opportunity to work as a group
and help the people who have been displaced from their homes as a result of this tragedy. He suggested that
the residents of the Town attempt to adopt 100 families by inviting some of the homeless to come to
Fountain Hills and share with them their wealth and wonderful weather for a few months or some other
reasonable time. He noted that many homes and condominiums in Town are currently empty and may be
available for such use. He added that many residents have "empty nests" or have lost a spouse and have the
room to board a family. He said that the process would require some serious screening in order to achieve
compatibility.
Mr.Tripp informed the Council that he received today from the Hurricane Relief Organization notification of
a list that has been established expressly for this important purpose. He advised that problems have to be
worked out as far as getting the people to Fountain Hills since so many of them have lost their vehicles and
everything else. He also suggested that an RV fleet be put to good use and said that many of these vehicles
are sitting idle and perhaps Desert Park Vista or some other location could be set up as a temporary RV park.
He stated the opinion that the water, gas and electric companies could be persuaded to provide the necessary
connections on a temporary basis. Mr. Tripp called on every resident of the Town to pledge $10.00 per
month to help the victims of the hurricane and pointed out that the contributions would go a long way
towards helping these unfortunate individuals. He also recommended that the Town's facilities be used to
assist the victims and said that a room at the Community Center could be set-aside as a location for the
people to meet with representatives of FEMA and other organizations. He added that they would require
computers in order to access people. He stated that school space should also be available for the children and
volunteers will be needed for daycare, etc. He said that residents could also volunteer to offer trips, hold
picnics and try to participate as a community. He offered his assistance in this regard and encouraged the
Council to support the recommendations. ,tii)
Mayor Nichols thanked Mr. Tripp for coming forward and noted that hurricane Katrina is the worst tragedy
to occur in the United States. He said that everyone has sympathy for what has occurred and added that it
affects everyone in different ways. He advised that the Town is attempting to prepare a list organizations of
so that the citizens can decide for themselves the manner in which they would like to help the victims. He
noted that a list of the organizations that people can contact and contribute to is on the table at the rear of the
room and encouraged all of the members of the audience to take a copy with them when they leave the
meeting and become involved to the best of their ability.
Mayor Nichols stated that Margaret Davis, the president of the Four Peaks Womens' Club, has also come
forward and asked the Town to support and participate in a fundraiser to be held on October 14th. He noted
that her fundraising efforts recently generated over $10,000 for the museum and commended her on her
efforts and compassion. He advised that Ms. Davis will need the help of volunteers to accomplish this goal
and encouraged all of the Town's residents to contact her and volunteer their services for this worthwhile
endeavor.
Ginny Dickey, 14649 N. Fairlynn Drive, addressed the Council and said that she is currently the legislative
liaison to the ADEQ. She thanked the Council for the opportunity to appear before them this evening to
address their recent decision to not fill the Council seat vacated by the late Vice Mayor Nicola. She
expressed the opinion that this issue was not sufficiently discussed and commented on the pressing issues
facing the Town that she believes should be addressed by the full Council. She said that the identity and
„yid)direction of the Town will be voted upon over the next few months. She further stated that the timeframe for
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appointment is being labeled as "too short" and noted that originally the Council appeared willing to receive
applications through July, conduct interviews in August and appoint someone in September. She noted that
that would leave ten months before a newly appointed member would take office and added that even if
campaigning does begin in September, policy making and governing should not cease from January through
June. She said that whatever their motivation is, they have decided to allow the Council to consist of six
members rather than seven. She added that the voters will decide who will assume the vacant seat regardless
of whatever action they take now and expressed the opinion that it is the Council's responsibility to render a
measured and wise appointment for the good of the entire Town. She discussed the lack of publicity and
public comments regarding the Council's decision not to act at this time and said she was disappointed.
Mayor Nichols thanked Ms. Dickey for her comments.
CONSENT AGENDA:
AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING
MINUTES FROM AUGUST 18,2005.
AGENDA ITEM #2 — CONSIDERATION OF THE LIQUOR LICENSE APPLICATION
SUBMITTED BY SHERIF AFIFI FOR MONTRA CAFÉ LOCATED AT 16726 E. EL PUEBLO
BOULEVARD. THE APPLICATION IS FOR A NEW CLASS 12 RESTAURANT LICENSE.
AGENDA ITEM #3 — CONSIDERATION OF AWARDING A CONTRACT TO ETC INSTITUTE
TO ONDUCT A STRATEGIC PLANNING SURVEY IN AN AMOUNT NOT TO EXCEED$25,400.
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Councilmember McMahan MOVED to approve the Consent Agenda as read and Councilmember
Archambault SECONDED the motion.
A roll call vote was taken with the following results:
Mayor Nichols Aye
Councilmember Kavanagh Aye
Vice Mayor Schlum Aye
Councilmember Kehe Aye
Councilmember McMahan Aye
Councilmember Archambault Aye
The motion CARRIED UNANIMOUSLY (6-0).
ACTION AGENDA:
AGENDA ITEM #4 — CONSIDERATION OF APPROVING A SPECIAL USE PERMIT FOR 24-
HOUR OPERATIONS FOR "PEAKS FITNESS," A PROPOSED ATHLETIC CLUB AND FITNESS
CENTER, TO BE LOCATED AT 12545 N. SAGUARO BOULEVARD, AKA PARCEL 12
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SUBDIVISION.LOT 5. CASE#SU2005-04.
Planner Kate Zanon addressed the Council regarding this agenda item and advised that the request is for ,4,401)
extended hours of operation, to 24-hours a day, for the new Peaks Fitness athletic club and fitness center
facility, which will be located at 12545 N. Saguaro Boulevard. She said that the concept plan for Peaks
Fitness received Planning & Zoning Commission approval on June 9th and the Council's approval for
building height on July 7t. She advised that the Town Center Commercial Zoning District requires that all
businesses that wish to operate between 11:00 p.m. and 7:00 a.m. receive Town Council approval by Special
Use Permit. She said that the request is consistent with the standard hours of operation of many fitness and
athletic facilities in the Phoenix metropolitan area and elsewhere in the nation.
Ms. Zanon noted that the applicant is providing several screening improvements in the form of landscaping
and fencing in order to buffer the operation from neighboring properties. She pointed out that a 3.5-foot high
screen wall will be constructed along the west side of the property to screen the parking lot area from the
residential property across the street. She said that a 10-foot landscape buffer will be located between
Saguaro and the property and vegetation in this area will be at varied canopy heights. In addition, an 8-foot
wall will be constructed along the northeast side of the property to buffer the fitness and activity center from
the abutting residential use. She advised that the applicant has also agreed to the following additional
provisions: window coverings on all windows to screen interior lighting, limiting hours of operation of the
batting cages to between 8:00 a.m. and 8:00 p.m., all outdoor classes and group activities shall be limited to
operating between 7:00 a.m. and 11:00 p.m. in the workout and pool area, and the use of any outdoor audio
system shall be limited to 7:00 a.m.through 11:00 p.m.
Ms. Zanon further stated that the Council should have a copy of a letter from the applicant that further
addresses operations of the facility and mitigation of several noise concerns. She reported that on August
11`'', the Planning & Zoning Commission recommended approval by a 6-0 vote with stipulations and staff
also recommends approval of Special Use Permit SU2005-04 with the six stipulations outlined by staff. She
said that staff has no objection to changing Stipulation#2, which reads, "the batting cages shall be limited to
operating between 7:00 a.m. and 11:00 p.m." She stated that staff supports changing the language to read,
"the batting cages shall be limited to operating between 8:00 a.m. and 8:00 p.m."
Councilmember McMahan MOVED to approve Special Use Permit SU2005-04 and Vice Mayor Schlum
SECONDED the motion.
Councilmember Kavanagh requested that staff describe the outdoor audio system and Ms. Zanon replied that
it is a typical stipulation because generally there is outdoor announcements/music. She said that she spoke
with the applicant and advised him that any outdoor audio would have to be limited to normal operating
hours. She added that she has not seen any equipment and is not aware of his intentions.
Mr. Ross Suozzi, the applicant in the case, stated that they have determined that it would be nice to be able to
play background music outside, something similar to what is played at the Desert Ridge facility and some of
the exterior shopping malls. He assured the Council that the background music would be played at a low
decibel level. Councilmember Kavanagh asked whether the applicant would have a problem restricting
outdoor audio to perhaps music that might be necessary for a pool aerobics class or an occasional
announcement rather than have it played on a continuous basis. Mr. Suozzi replied that it was his
understanding that they have the right to play music as long as it is kept at a low decibel level. He expressed
the opinion that soft background music would enhance the ambiance in the pool facility. He emphasized that
the music will be subtle.
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In response to a question from Councilmember Kavanagh, Town Attorney Andrew McGuire responded that
the Town's Zoning Ordinance and Town does not address regulating sound unless it reaches a nuisance level.
He added the opinion that what has been described would not reach that level but said that if the music was
played louder, staff would respond on a complaint only basis. He stated that if there are complaints from
neighbors, the Sheriff's Office and/or Code Enforcement staff would look into the matter and ensure that
nuisance codes are upheld.
Mr. Suozzi referred to a PowerPoint presentation and identified the location of the pool area.
Vice Mayor Schlum commented on the 8:00 p.m. restriction on the batting cages and said in view of the fact
that there are not a lot of extra curricular activities for the Town's youths, he believes they should consider
expanding the hours of operation at least on the weekends if not during the week and during the summer
months as well when the youths are on school break.
Councilmember Kavanagh suggested that they consider changing the hours of the batting cages from 8:00
a.m.until sunset.
Vice Mayor Schlum MOVED that Stipulation #2 read as follows: "Batting cages shall be limited to
operating between the hours of 8:00 a.m. and sunset or 8:00 p.m., whichever is later." Councilmember
Archambault SECONDED the motion.
Mr. Suozzi noted that adjustments were made regarding the hours of operation for the batting cages to
accommodate the neighbors and demonstrate a willingness to work with the community. He added that they
based their hours on staffs recommendations.
Councilmember Kavanagh asked Mr. Suozzi whether he wanted the batting cage operational hours to remain
from 8:00 a.m. until 8:00 p.m. and Mr. Suozzi replied that the Vice Mayor's recommendation is a positive
one and acceptable.
Town Attorney Andrew McGuire advised that the term "sunset" is enforceable and the Farmer's Almanac
and other sources can be used to determine the time. He added that it is a "fixed time" so enforcement
should not be a problem.
The Mayor called for a vote on the amendment and it CARRIED UNANIMOUSLY(6-0).
Councilmember Kavanagh MOVED to amend the motion to incorporate the voluntary stipulation provided
by the applicant (copies provided to the members of the Council) with the exception of the 8:00 a.m. to 8:00
p.m.batting cage restriction. Vice Mayor Schlum SECONDED the motion.
Mayor Nichols requested that citizens who submitted speaker request cards present their remarks as their
names are called.
Councilmember Kavanagh commented that the applicant has made a number of concessions that he believes
are reasonable but added that he is extremely concerned about the music (other than for a specific class) and
would like input from the citizens regarding this issue.
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Nancy Land, 15833 E Bursage Dr., advised that she lives in the Sunridge Canyon area and said that it was
difficult for the residents seated in the rear of the Chambers to hear all of the dialogue that has taken place. �.
She concurred that music is an essential part of water aerobics. She added that in the four years that she has
belonged to La Mirage, she has never heard of one single problem relating to loud noise.
Frank Ferrara, President & Chief Executive Officer of the Town of Fountain Hills Chamber of Commerce,
addressed the Council and expressed the opinion that background music will not negatively impact the
neighbors. He said that he has spoken in great length with the applicant and his wife and they have been
very diligent about the entire process in order to allow it to go forward. He added the opinion that the project
will be a "star" for the Town and something they can all be proud of. He spoke in favor of the subtle
background music, commented on the applicants' willingness to work with Town staff to alleviate concerns
and urged the Council to approve their request.
Bill Lindner, a ten-year resident of the Town, advised that the applicants live across the street from his home.
He stated that because he is not a sound expert, he cannot comment on that issue but because he knows the
applicants extremely well, he can comment on their integrity. He added that they would not do anything that
would offend surrounding neighbors.
Richard Crane, 13629 N. Mesquite, a current member of the fitness center, said that he is also a member of
the Coast Guard Auxiliary. He explained that "sunset" is legally defined by what is published in the paper,
not when it becomes dark. He added that in the summer, sunset can be 6:30 p.m. but it stays light until 8:30
to 9:00 p.m. He stated that that is why he is a little leery about the term "sunset" since it does not mean
"when it becomes dark."
Councilmember Kavanagh commented that the applicant has literally "bent over backwards" and made
many, many concessions. He added, however, that he is still very concerned about the outdoor audio, not
with respect to aerobics classes but rather when it is not needed for a particular activity.
Mr. Suozzi again referred to a slide projected in the Chambers and identified the location of the lap pool and
said that to the right of that is the current site of the sanitary factory which projects an extreme noise decibel
level. He expressed the opinion that the facility's sound decibels exceed what is being proposed for the
fitness center. He emphasized that based on his integrity and that of his wife, he can assure the Council that
they have no direct intention of negatively impacting the neighbors in the area. He added that that is why
they have gone to great lengths to shield the building from the facility, thereby lessening the impact of their
center on any neighbors.
Councilmember Kavanagh stated that he was more concerned about the multi-family homes on the other side
of Saguaro. Mr. Suozzi noted that a building is located between the pool and the street and said that the
Council voted on that building, which is approximately 20-feet high, just last month. He said that the
chances of the sound absorbing through the building and traveling well over 150 feet would be very slight
and the music would have to be extremely loud.
Councilmember Kavanagh asked whether the applicants would have a problem with the addition of an
amendment that would allow the Council to revisit the issue of the outdoor sound system (except with
respect to organized activities) 60 days after the pool begins operating. Mr. Suozzi responded that he would
prefer that this issue be put to rest at this time.
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Councilmember Kavanagh advised that he will personally visit the site and stand by the residences in the
area. He said that if the noise is not excessive and is being drowned out as Mr. Suozzi believes it will, he
will be the first one to make the motion to remove the stipulation after the 60-day start time.
Mr. Suozzi stated that with all due respect he believes that there are a sufficient number of ordinances
already in effect that require sound/noise abatement and added that if the situation did head in that direction,
he believes that the Town's law enforcement personnel would enforce the laws.
Councilmember Archambault asked what hours the pool would be in operation and Mr. Suozzi replied from
5:00 a.m. until 9:00 p.m. He confirmed that when the pool closes down, the music would also be turned off.
Councilmember Archambault stated that he does not have a problem with this issue.
Councilmember Kavanagh questioned whether there are any other businesses in Town that have continuous
music played outdoors and was told there were, including the Plaza Fountainside, Safeway and Bashas'.
Mayor Nichols expressed the opinion that there are sufficient ordinances "on the books" to eliminate any
problems should any arise and added that he does not see any reason to add more laws to cover the same
issues.
Councilmember Kehe commented that there is the possibility of both light and sound pollution and asked
what the time line is on a Special Use Permit.
Mr. McGuire responded that there are no time limitations on Special Use Permits. He stated that the permit
would remain in effect until revoked by a zoning change or something else. He added that revocation would
result in the case of a violation of the conditions upon which it was issued. He noted that a number of
stipulations have been added to this case and a violation of any of them could be a condition for revocation.
He said that the revocation process is the same one followed for the issuance of a Special Use Permit. Mr.
McGuire stated that neighbors will have the legal right to complain and request that the Council consider the
revocation of the permit if the applicants do not comply with the conditions of approval. He added that if the
neighbors' complaints are not conditions of approval (they object to the use or lighting) then they probably
would not have the legal right to request Council revocation. He noted that the Town's codes are fairly
severe and virtually everything is a Class 1 Misdemeanor, a criminal offense.
Councilmember Kehe commented that the building has already been approved and the Council is simply
considering the hours of operation at this point in time.
Councilmember Kavanagh stated that based on what the Town Attorney has said, it is his belief that if the
noise issue did in fact become a problem six months down the road, three Councilmembers could vote to
place a review of the noise portion of the permit back on the agenda for possible modification. Mr. McGuire
clarified that to the best of his knowledge there is nothing in the conditions for the Special Use Permit that
relates to a noise restriction. He added that the applicant has agreed to abide by a timing restriction. He
further stated that once conditions on a Special Use Permit are approved and the permit is granted, it is much
like a zoning category; the Council is not going to be able to continually come back and add/modify
conditions. He emphasized that if there is a condition upon which the permit was granted that is not being
met, then they can speak to the applicant about revocation. He said that the Council can modify a previously
granted condition in the same way they modify zoning conditions. He stated that after this is granted, the
applicant is going to have a legal right to that use.
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Councilmember Kavanagh said that if the Council receives a lot of complaints from citizens six months from
now, he would like to know whether three members of the Council can decide to place the matter on an '
agenda and amend the outdoor use to state"no outdoor music before 8 a.m. or after 8:00 p.m." Mr. McGuire
said that it would fall into the category of an "involuntary rezoning."
Mayor Nichols reiterated that there are already severe noise regulations in place to protect the neighbors and
said that the Town would not hesitate to uphold those regulations if violations occur.
Councilmember Kavanagh clarified that he is not worried about a lot of noise and he knows that the
applicant will not be "blasting" loud,music but if he had a neighbor next to him who played a radio 16 hours
a day, loud enough so that it can be heard from his patio, he would not be happy. He stated that he does not
want to put any residents in that situation. He added that the lower,constant usage is what bothers him.
Mayor Nichols commented on the location and the proximity of the advanced wastewater treatment plant and
expressed the opinion that the noise from that facility will drown out the lower decibel radio noise.
Councilmember Kavanagh MOVED to amend the motion to allow the Council to revisit the noise issue in
six months. Councilmember Kehe SECONDED the motion.
Councilmember Kavanagh reiterated that if no noise problem exists and there are no complaints from the
neighbors,they will not even have to revisit the issue.
Councilmember Archambault pointed out that the motion becomes moot in light of the letter that has been
included as part of the approval process. He noted that is states, "the sound will be contained by a staff
recommendation of an 8-foot block wall around the batting area." He expressed the opinion that this would
certainly cover the pool area and the sound is not going to go anywhere.
Mayor Nichols called for a vote on the amended motion.
A roll call vote was taken with the following results:
Councilmember Kehe Aye
Vice Mayor Schlum Nay
Councilmember McMahan Nay
Mayor Nichols Nay
Councilmember Kavanagh Aye
Councilmember Archambault Nay
The motion failed for lack of a majority vote(2-4).
Mayor Nichols called for a vote on the main motion with all stipulations and amendments listed above.
A roll call vote was taken with the following results: '41111)
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Vice Mayor Schlum Aye
Councilmember Kavanagh Nay
Councilmember Kehe Aye
Councilmember Archambault Aye
Mayor Nichols Aye
Councilmember McMahan Aye
The motion CARRIED by majority vote (5-1)
AGENDA ITEM#5—COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY
PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS
FOR FUTURE MEETINGS.
There were no items for discussion.
AGENDA ITEM#6—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) directing staff to conduct further research and report back to the Council:
A. Requested by Councilman Kavanagh - Placing the item of increasing the speed limit
on Saguaro Boulevard on a future agenda for action.
Lor Councilmember Kavanagh clarified for staff that he would simply like to see speeds/rate counts on Saguaro
Boulevard where staff deems necessary between Shea and Messenger.
Mayor Nichols advised that there appears to be a lack of support for this item and so it will not be pursued.
AGENDA ITEM#7—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER.
There were no items for discussion.
AGENDA ITEM#8—ADJOURNMENT.
The meeting adjourned without objection at 7:23 p.m.
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TOWN OF FOUNTAIN HILLS
By - 7 Y/s e"r .-
ally Nichols,Mayor /
ATTEST AND
PREa46/1"
PARED BY:
�f n tG1�1.
Bevelyn J. i nd ,Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and
Executive Session held by the Town Council of Fountain Hills on the 1st day of September, 2005. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 15th day of September, 2005.
n /
Bevelyn J. Bp der own Clerk
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