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HomeMy WebLinkAbout2005.0915.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL September 15,2005 Mayor Nichols called the meeting to order at 5:03 p.m. AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38- 431.03.A.1, FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT,WITH THE EXCEPTION OF SALARY DISCUSSIONS,AN OFFICER,APPOINTEE OR EMPLOYEE MAY DEMAND THAT THE DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY SHALL PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH WRITTEN NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN TWENTY-FOUR HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER THE DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING. (SPECIFICALLY, INTERVIEWING PLANNING AND ZONING COMMISSION APPLICANTS.) PURSUANT TO A.R.S. 38-431-02.A.4, FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ODER 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 TRUST LAND AND CONTRACT NEGOTIATIONS WITH COACH 20, L.L.C.) Vice Mayor Schlum MOVED to convene the Executive Session and Councilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present. Vice Mayor Schlum recessed the Executive Session at 6:27 p.m. AGENDA ITEM#2—RETURN TO REGULAR SESSION Vice Mayor Schlum reconvened the Regular Session at 6:30 p.m. Following the invocation by Pastor Dave Iverson,Fountain Hills, Christian Center,roll call was taken. ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Councilman Kehe, Councilman Kavanagh, Vice Mayor Schlum, and Councilman McMahan. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Senior Planner Bob Rodgers, Planner Kate Zannon, Town Engineer Randy Harrel, Planning and Zoning Administrator Richard Turner and Town Clerk Bev Bender were also present. Mayor Nichols and Councilman Archambault were absent and excused from the meeting. Vice Mayor Schlum noted that the Mayor was having some tests done because of a dizzy spell and was doing fine and should be back real soon. SCHEDULED PUBLIC APPEARANCED/PRESENTATIONS: (i) The Mayor will introduce Kevin Adams, Legislative Director for the League of Arizona Cities and Towns,who will provide a recap of 2005 Legislation. Vice Mayor Schlum introduced Mr. Adams and said that he would provide a brief overview of the 2005 Legislation. Mr. Adams advised that a couple of months ago, the League offered all of the cities and towns in the State the opportunity to receive a briefing on what occurred during the last legislative session and what they E:\BBender\Documents\Current Minutes 2005\09-15-05 Regular and Executive Session.doc Page 1 of 12 expect next year. He noted that the League Conference will take place next week and said that they will be able to talk in much greater detail about a lot of the issues at that time. He referred to documents distributed to the Council, including an overview of the major issues they went through during the past year and a yellow booklet, the new laws report, that summarized all the new bills enacted that would have an impact on municipalities. In addition, the Council was provided three separate one-page fact sheets that dealt with legislation that passed. He .4) stated that they wrote a more detailed analysis of these because they were basically new laws that are going to had to be implemented. He noted that the general effective date for bills to become law this year was August 12th, although there were some exceptions as far as the development fee reporting, which might become effective this year or next. He added that the blue stake process reform would not take place until the beginning of the next calendar year. He urged the Council and staff to contact the League if they had any questions regarding the requirements. (Detailed copies of the documents are on file in the office of the Town Clerk.) Mr. Adams outlined the various documents referred to above and noted that it was an extremely contentious year but in the end they were relatively unscathed. He noted that a lot occurred in the area of local revenues and local financing authorities and said that there were several significant attacks against State-shared revenue. He reported that they were able to defeat that legislation with strong support from the President of the Senate and Governor Napolitano. He added that some of the main backers of the legislation were also influential and had pledged to bring the issue back next year. Mr. Adams summarized the information contained in the documents and again encouraged anyone with questions to contact him at the League. Vice Mayor Schlum thanked Mr. Adams for his presentation. (ii) The Mayor will read a proclamation declaring October 2005 McDowell Mountain Month. Vice Mayor Schlum stated that the preservation of the McDowell Mountains and the Sonoran Desert had been established as a high priority for the Town and its citizens. He said that it was the desire of the Town to celebrate the unique environment of its new reserve and the intent of Fountain Hills to raise awareness regarding the need to preserve these valuable treasures for future generations. He noted that the McDowell Mountain Preservation Commission had planned several events including an open house at the Community Center on October 2nd and scheduled hikes. The Vice Mayor stated that it was his honor, on behalf of Mayor Nichols, to declare October 2005 McDowell Mountain Month in the Town of Fountain Hills. Mr. Pickering commented that this Saturday he attended the Valley Forward Awards Banquet and noted that the Town of Fountain Hills won an award for the work that has been accomplished in the McDowell Mountains. (iii) The Mayor will read a proclamation declaring September National Safety Preparedness Month. Vice Mayor Schlum advised that the month of September had been declared National Safety Preparedness Month by the United States Department of Homeland Security and added that a nation-wide effort to encourage Americans to better prepare for emergencies in their homes, business and schools was underway. He said that the month of September would provide Americans an opportunity to learn more about ways they could prepare for an emergency. He noted that during this time, state and local governments, individual communities, private businesses and non-profit organizations would host events to promote preparedness around the country to encourage all Americans to prepare for emergencies. He added that the Public Safety Advisory Commission of the Town of Fountain Hills would hold a Public Safety Day on September 18th at Fountain Park. The Vice Mayor stated that it was his honor, on behalf of Mayor Nichols, to declare the month of September National Safety Preparedness Month in the Town of Fountain Hills. (iv) The Mayor will read a proclamation declaring September 16,2005 Stepfamily Day. Vice Mayor Schlum stated that Stepfamily Day was enhanced by the Town's strong commitment to support the stepfamilies of our nation in their mission to raise their children creating strong family structures to support the individual members of the family and instill in them a sense of responsibility to all extended family members. .\4400) He said that approximately half of all Americans were currently involved in some form of stepfamily relationship and it was the vision of the founder and Stepfamily Association of America that all stepfamilies in E:\BBender\Documents\Current Minutes 2005\09-15-05 Regular and Executive Session.doc Page 2 of 12 I America be accepted, supported, and successful. The Vice Mayor said that it was his honor, on behalf of Mayor Nichols, to declare September 16, 2005 Stepfamily Day in the Town of Fountain Hills and encouraged everyone to celebrate the many individual contributions stepfamilies have made to enrich the lives and life experiences of (time the children and parents of America. (v) The Mayor will read a proclamation declaring September 17, 2005 Constitution Commemoration Day. Vice Mayor Schlum said that the Constitution of the United States was adopted 218 years ago on September 17, 1787 to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves and our posterity. He added that this cherished document, borne of spirited contention and gracious compromise, provides a natural gateway to that study of the past, which may enlighten their future. The Vice Mayor said that it was his honor, on behalf of Mayor Nichols, to declare September 17, 2005 Constitution Commemoration Day and strongly encouraged the citizens of Fountain Hills to renew their study of the duties of citizenship and rejuvenate their dedication to the principles of the Constitution. CALL TO THE PUBLIC: Ray Olmscheid, 16823 E. Mallory Court, addressed the Council and noted that the Town of Fountain Hills has been actively seeking a cinema for quite some time. He advised that he was contacted about a year ago by Phyllis Kern of Century 21 and asked to look at the potential of developing a theatre in the heart of Fountain Hills. He said that it has taken him six months to get here but Phyllis left him no choice. He advised that Ms. Kern set up a meeting and he met with the Fountain Hills' Town Manager, Planning staff, the Mayor, some of the Councilmembers, Frank Ferrara and several other members of the Chamber of Commerce to discuss the viability of developing a theatre in the community. A parcel of land of approximately four acres in size, located adjacent to the Town Hall and Community Center, was suggested as a possible site. As an incentive to develop ‘160, the theatre on that site, the Town offered a cross-easement parking agreement on the Town's property. An extensive market study was conducted and it was determined that Fountain Hills could support a 12 to 14-screen theatre, a megaplex theatre, complete with stadium seats. It was further determined that with the cross-easement for Town parking, they could park the theatre to code. He noted that cross-easement means that anyone visiting the Town or anyone coming up during the art festivals could park just about anywhere on Town land or his land. The Town can park on his land and he can park on Town land, a very fair agreement. Mr. Olmscheid advised that within weeks of their decision to move forward with the theatre, an additional eight acres of land was offered to them, perhaps providing them the opportunity of developing a lifestyle center in the Town and commented that this proposal was worth researching. Market studies indicated that the time was right to develop the entire 13 acres with complementary retail and condo loft housing. They determined that approximately 20 acres exists in the entire community of retail land to be developed as a retail center and the 13 acres was located in the heart of the downtown area. He said they were excited about the prospect of being able to create a true downtown within Fountain Hills. On February 4th of this year,he entered escrow on the 13 acres of Town Center property to develop a lifestyle center — a live, work and play environment, which was an old concept that was becoming increasingly popular in the United States. It recreates the old historic urban downtown or central commerce districts and noted that a good example would be Kierland Commons. He pointed out that most lifestyle centers were located around movie theatres or some type of entertainment venues. In his discussions with Mr. Pickering, he agreed to pay for all of the engineering, construction, paving, lighting, and landscaping for approximately four acres of Town property, which would be dedicated to cross-easement parking. He also agreed to deliver an art park at a cost of approximately $1.2 million and provide the Town with a 25-year theatre lease executed by a reputable southern California operator. He said that when he found out that the Town was going to begin extensive improvements on Avenue of the Fountains, he agreed to replicate on his side of the street exactly what was going to be done by the Town on the other side. He Copy emphasized that he has never asked the Town for anything until now. Mr. Olmscheid commented that the project was to be developed in three separate venues, one that was entertainment and consists of a 14-screen theatre, condo lofts and retail development. The cost of the project E:\BBender\Documents\Current Minutes 2005\09-15-05 Regular and Executive Session.doc Page 3 of 12 was $70 million and, when completed, would have a value in excess of$100 million. It was his intent to begin construction on the theatre and condos as part of Phase I and construction time on these projects was approximately one year. Construction would begin on the retail about three months later, since retail construction would only last six months, and it was their intent that at the grand opening all of the venues would open at the same time. The retail was to be done in phases and he had hired two of the top three retail brokers in the Valley to market this project. At their suggestion, marketing would not begin until approval of the proposed development had been received from the Town. Mr. Olmscheid stated that the only thing he wanted from the Town of Fountain Hills was the assurance that when they close escrow, they would have a parking cross-easement agreement in place. He asked the Council to consider signing the agreement and holding it in escrow until he closed on the property and noted that if the escrow did not close, the agreement just went away. The project was dependent on the synergism of the movie theatre, which was dependent upon the parking agreement. Because of the magnitude of the project, $70 million, and the dollars involved by the lender, the theatre tenant and the developer (Mr. Olmscheid), they needed the assurance that the Town was truly behind the development. Vice Mayor Schlum thanked Mr. Olmscheid for his comments and update and noted that staff and the Town Manager would work with him on this issue. He said that the Council was excited about the project. Frank Ferrara, speaking on behalf of the Chamber of Commerce, said that he believed that the Council was indeed excited about the project and should grant Mr. Olmscheid his request to ensure that in escrow an agreement was signed to guarantee that the project would go forward. He said that the Chamber was so excited about the project that the entire Executive Committee was present at the meeting just to listen to the comments that were going to be made. He noted that he for one was very pessimistic during the last few weeks because he thought that the project was dying. He said that anyone who attended the meeting this morning heard the Chamber's tourism plan, a plan that makes the downtown area synergized and necessary to implement any type of a plan for Fountain Hills. He stated that he heard talk of condo lofts, retail, movie theatres,upscale shopping and even low-scale shopping as long as it was manageable and very good. He pointed out that the developer was asking for a simple agreement and assurance and noted that the precedent had already been set as far as parking—agreements were in place at Plaza Fountainside. He stated that there was no legal risk, this was just a request for a piece of paper and some assurance and urged the Council to grant his request. Jerry Kirkendoll, 11405 Cameron Court, said that Durango has approximately the same population as the Town of Fountain Hills, 22,000, and has a 14-screen movie theatre and all of the things that the Town wants to get including first class stores, eating places, places for people to live, benches, lights, etc. He added that they are doing great and the proposed project will accomplish the same end results for the Town. He stated that if they do not proceed with the project, it will be years and years before the downtown area is completed and most likely half of it will be more office buildings. He pointed out that they are millions of dollars in debt and need this revenue generator. He commended the Council on the good job they have done to get the Town out of debt and said that now is not the time to make bad decisions. He urged the Council to approve the request. Carol Crane, 13629 Mesquite Lane, read a letter that she said she would also forward to the Council, Mr. Pickering and the editor of the Fountain Hills Times regarding the upcoming random survey to be sent out soliciting additional public opinion on the Strategic Plan. She said that she was requesting consideration that three questions be included in the survey and added that as a participant in both the April and August Town Hall Sessions, she applauded the Town's continuing efforts to solicit citizen input via the upcoming Strategic Plan Survey. The development of the downtown area was one of the most critical and pressing issues facing the future of Fountain Hills and no one knows whether the current proposal for the downtown area will become a reality, although it did appear to be approaching that with this evening's conversation. Whether it moved forward or not, it would be nice to know how the average resident felt the area should evolve. She said that as far as she knows, they know the feelings of the Chamber of Commerce and the Council but questioned whether the opinions of the average resident were known. She added that for this reason she could not think of a more productive and democratic way to get a random sampling than via the upcoming survey. 40111. E:\BBender\Documents\Current Minutes 2005\09-15-05 Regular and Executive Session.doc Page 4 of 12 Ms. Crane proposed that the following question be included in the survey: (1) Should solely residential units (i.e. condos) be allowed to directly face the Avenue of the Fountains between Saguaro Boulevard and La Montana? This would not exclude residential units from being located on adjacent streets within the zoned C-2 L., District or possibly above the commercial space as was mentioned tonight. (2) Is a 24-screen cinema best suited near the Avenue of the Fountains and La Montana or an area offering easier accessibility and parking, such as Shea Boulevard, either near Target or the Beeline Highway or perhaps along Palisades and Saguaro Boulevards in the old municipal complex? (3) Should an architectural review board, composed of trained design professionals, be established to develop aesthetic guidelines and review future development of the Town Center's specific plan (vis-a-vis Plat 208) in conjunction with the Planning and Zoning Commission? A common misconception among residents was that such issues were addressed by the Planning and Zoning Commission. Their primary function, however, was to review compliance with zoning ordinances and code issues, not aesthetic issues of architectural compatibility. The results of not having a Design Review Board with established guidelines are presently evident with the ad hoc mixture of styles and aesthetics currently found. Was this the direction in which we want to continue? Many critical issues addressed in the Strategic Plan such as the Senior Center or Aquatic Center target specific groups of residents. The downtown area, however, affects every resident of Fountain Hills regardless of age or income and she said she believed residents must be allowed to express their opinions while the opportunity still exists. Art Tolis 16815 E. Briarwood Avenue, stated that the theatre business was a phenomenal one and added that he grew up in the business; his family started the first theatres in Connecticut in the 50's and so he was very familiar with the industry and what it could bring to a community. He said that the project would draw people to the downtown area and they would spend money and generate revenues for the community. He expressed the opinion that this would be an integral part of the whole development of the downtown area. He noted that he did not support the implementation of a property tax and believed that the Town should be doing everything possible to increase sales taxes, people and dollars coming into the local community. He said that employment for locals within the community with a project such as this was going to be considerable and added that there was nothing more exciting than having high school youths work in their community in a theater such as the one L being proposed. He stated that he liked the idea of having the complex located in the Town's center and stressed the importance of keeping the people in the Town and ensuring that their dollars were spent in Fountain Hills rather than surrounding communities. He noted that he had seen the plan and knew that the developer and Town staff had put a lot of time into the project and thanked them for their efforts. He asked the Council to move forward and place this item on an agenda for discussion and consideration without delay. Vice Mayor Schlum thanked all of the speakers for their comments. CONSENT AGENDA Vice Mayor Schlum read the following consent agenda items: AGENDA ITEM#3-CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF 09/01/05. AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2005-49, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN A CERTAIN DRAINAGE EASEMENT LOCATED AT FIREROCK COUNTRY CLUB, PARCEL G, LOT 6, FOUNTAIN HILLS, ARIZONA, SEGUNDO DRIVE) AS RECORDED IN BOOK 147 OF MAPS, PAGE 2, RECORDS OF MARICOPA COUNTY, ARIZONA, AS RECORDED IN BOOK 503 OF MAPS, PAGE 41 RECORDS OF MARICOPA COUNTY,ARIZONA,WITH STIPULATIONS. AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2005-50, ADOPTING A POLICY REGARDING THE FUNDING AND USE OF THE CAPITAL IMPROVEMENT SPECIAL REVENUE FUND. Livor AGENDA ITEM#6- CONSIDERATION OF RESOLUTION 2005-36, PROVIDING PUBLIC NOTICE OF THE REGULAR 2006 PRIMARY AND GENERAL ELECTIONS, DESIGNATING THE E:\BBender\Documents\Current Minutes 2005\09-15-05 Regular and Executive Session.doc Page 5 of 12 ELECTION DATES AND PURPOSE OF ELECTION, DESIGNATING THE DEADLINES FOR VOTER REGISTRATION,AND DESIGNATING THE PLACE AND LAST DATE FOR CANDIDATES TO FILE NOMINATION PETITIONS. AGENDA ITEM#7—ADOPTION OF RESOLUTION 2005-48,DECLARING THE FLOOR DAMAGE No) PREVENTION CODE A PUBLIC RECORD. AGENDA ITEM #8 — ADOPTION OF ORDINANCE 05-09, ADOPTING THE FLOOR DAMAGE PREVENTION CODE BY REFERENCE, AMENDING CHAPTER 14 (FLOOR DAMAGE PREVENTION)OF THE TOWN CODE AND DECLARING AN EMERGENCY. Councilman Kavanagh MOVED to approve the Consent Agenda as read and Councilman McMahan SECONDED the motion. A roll call vote was taken with the following results: Councilman Kehe Aye Vice Mayor Schlum Aye Councilman Kavanagh Aye Councilman Schlum Aye Mayor Nichols Absent Councilman McMahan Aye Councilman Archambault Absent The motion CARRIED UNANIMOUSLY by those present(4 to 0). ACTION AGENDA AGENDA ITEM #9 —PUBLIC HEARING OF ORDINANCE 05-10, A TEXT AMENDMENT TO THE ,41) ZONING ORDINANCE TO CREATE A NEW OPEN SPACE PRESERVATION ZONING DISTRICT (OSP), IN ANTICIPATION OF REZONING THE MCDOWEL MOUNTAIN PRESERVE TO OPEN SPACE PRESERVATION. CASE#Z2005-02. The Vice Mayor declared the Public Hearing open at 7:10 p.m. Mr. Pickering addressed the Council regarding this agenda item and advised that staff has been working on this text amendment for quite some time. He explained that the issue came up that the Town did not have appropriate zoning for its open space up in the mountains and so staff wanted to take a look at that. He noted that the issue was brought forward from the McDowell Mountain Commission. He added that Bob Rodgers,the Town's Senior Planner, had been working on this and would provide an update. Mr. Rodgers stated that at the January 6, 2005 Town Council meeting, the Council initiated this zoning change, which was rezoning the McDowell Mountain Preserve to Open Space Preservation (OSP). He added that the following March, the McDowell Mountain Preservation Committee held their meeting and made recommendations regarding the staff report at the time. They recommended that rather than discontinuing the Open Space Conservation (OSC) District, a new OSP District be created while keeping the OSC in place in order to provide added flexibility. The following May, the Town Council again listened to the staff report and also made similar requests. He added that they also wanted to maintain their final approval of authority over any proposals that might go into this District and did not want any decisions relegated to staff for administrative approval. This past August, the Planning and Zoning Commission held their public hearing and recommended approval of the OSP Zoning District and this evening the public hearing was being conducted to solicit citizen input. '00010) Mr. Rodgers advised that the zoning amendments were in two parts with the first being a text amendment revising the text in the Zoning Ordinance to create a new Open Space Preservation Zoning District and the E:\BBender\Documents\Current Minutes 2005\09-15-05 Regular and Executive Session.doc Page 6 of 12 second part was the map amendment, which was the second public hearing the Council would be holding and that would be to revise the Zoning Map to include the entire McDowell Mountain Preserve and the OSP Zoning District. He explained that the proposed text amendment would create a new OSP Zoning District and new language and amends the existing language to be included in the Zoning Ordinance. Adopting the text Nvor amendment would create a new OSP Zoning District. There were eight total sections being revised in the Zoning Ordinance and the first four were just "housekeeping items," including revising the table of contents in the Ordinance; revising Section 2.01h to create a Section "C," (Section "A" relates to the OSC District and Section `B" relates to the OSR District) and this would relate to the OSP District and simply required the approval of the property owners any time any property within the Town was zoned one of the recreational districts; revising Section 3.01 to add the OSP District to the list of Zoning Districts within the Ordinance. Mr. Rodgers added that they would also be revising Chapter 9, the title of the Chapter dealing with the OSP District. Mr. Rodgers stated that the last four sections were the real "meat" of the Ordinance. He referred to Section 9.02 Permitted Uses and noted that it currently contained two Sections, Section "A" that relate to the OSC District and Section `B" that relate to the OSR District. He pointed out that the Ordinance change would be to add Section "C," Permitted Uses Within the OSP Zoning District would be undeveloped natural land and open space, parks and nature preserves, archeological or historic sites, public trailheads with related facilities within the McDowell Mountain Preserve, public trailheads or related facilities and land other than the McDowell Mountain Preserve, utilities, water tanks, emergency easements and similar structures. He said that it needed to be noted that Section Nos. 4, 5 and 6 would be with specific Town Council approval. He added Section 7 was the final"catch all" saying that nothing else could go in that park. He noted that revisions to Section 9.04 would be adding a new Section "C" regarding the Open Space Preservation Zoning District and would state that, "In the OSP Zoning District, the height of any building shall not exceed 20 feet". He said that for comparison sake, in the OSC District no buildings were allowed and the OSR District allowed buildings up to 30-feet tall. Mr. Rodgers further stated that Section 9.05 would create a new Section "C" regarding the OSP Zoning District and this would create yard regulations, which represent the Town's basic setback regulations for any structures. Lie The front yard would be required to have a depth of 60 feet, side yards would be required to have 30 feet and there would be a rear yard requirement of 60 feet. He stated, for example, that Section "A" of the OSC District did not allow buildings so there would be no requirements and Section `B" was the same as the proposed Section "C" as far as yard requirements, Section 9.06, Intensity of Use Regulations, would add three new Sections after "G" and "H," all regarding the OSP Zoning District requiring that the lot area per building be at least ten acres; maximum lot coverage anywhere would be 5%; and the minimum distance between any two buildings in the Preserve would be ten feet. Mr. Rodgers advised that staff recommends that the proposed Ordinance be approved and adopted as presented. Councilman Kehe referred to Staff's recommendations and asked whether water tanks were included as permitted uses. He noted that there was a water tank already located on the property. Mr. Rodgers said that one was going to be constructed and added that there was also one other tank. Town Engineer Randy Harrel addressed the Council and confirmed that one water tank was currently under construction in the Preserve (a Chaparral City water tank that is up by Eagle's Nest) and added that another one was shown at the time the Town acquired the Preserve, in the Eagle Ridge North area. He said that to the best of his knowledge, those were the only two tanks that were anticipated in the Preserve area. Councilman Kehe commented that the proposed language would allow additional water tank development and Mr. Rodgers agreed that it would allow it but noted that those were the only two sites that were a part of the Town's acquisition of the property so anything else would require specific Town Council approval. Councilman Kehe referred to Sections 905 and 906 and asked what the justification was for those two sections since development would not occur up there. Mr. Rodgers replied that there would be building within the park— L., a trailhead, a water tank, etc. Councilman Kehe commented that he was talking about development in a conventional sense, i.e. homes with yards, properties and so on. He questioned the rationale for indicating what the lot sizes should be, the front yard and side yard setbacks, etc. Mr. Rodgers explained that there would be E:\BBender\Documents\Current Minutes 2005\09-15-05 Regular and Executive Session.doc Page 7 of 12 structures and even though they would not be the conventional type of development, the guidelines should be in place to address the structures. Councilman Kehe asked Mr. McGuire whether this would appear to be an "invitation" so to speak for ,400)development and Mr. McGuire responded that he did not believe that specifying the size of any lot out there would in any way eviscerate the other requirements or prohibitions regarding what could be built in the District. He added that this was more focused on the applications outside of the Town's property where there might be much smaller lots. He said that this would indicate that if there was an Open Space designation, they were going to have to meet certain minimum requirements. He emphasized that it constituted an additional set of regulations and not a"loosening" of existing regulations. There being no additional comments,the Vice Mayor declared the public hearing closed at 7:20 p.m. AGENDA ITEM #10 - CONSIDERATION OF ORDINANCE 05-10, A TEXT AMENDMENT TO THE ZONING ORDINANCE TO CRATE A NEW OPEN SPACE PRESERVATION ZONING DISTRICT (OSP), IN ANTICIPATION OF REZONING THE MCDOWELL MOUNTAIN PRESERVE TO OPEN SPACE PRESERVATION. CASE#Z2005-02. Councilman Kavanagh MOVED and Councilman McMahan SECONDED a motion to approve Ordinance 05- 10 as presented by staff, which CARRIED UNANIMOUSLY by those present(4-0). AGENDA ITEM #11 —PUBLIC HEARING OF ORDINANCE 05-11, WHICH WOULD AMEND THE "OFFICIAL ZONING DISTRICT MAP FOR THE TOWN OF FOUNTAIN HILLS"TO REZONE THE MCDOWELL MOUNTAIN PRESERVE FROM THE "R1-43" SINGLE-FAMILY ZONING DISTRICT,TO THE OPEN SPACE PRESERVATION ZONING DISTRICT(OSP). CASE#Z2004-09. Vice Mayor Schlum declared the Public Hearing open at 7:20 p.m. Mr. Rodgers addressed the Council and stated that this represented an amendment to the Zoning Map, which ,440) would take the newly-created District and apply it to the map. He noted that the current Preserve (740 acres, 9 properties all owned by the Town) are currently zoned R-143, single-family house lots. He added that this would amend the Zoning Map to reflect a change to rezone the McDowell Mountain Preserve from the "RI-43" Single-Family Zoning District to the "OSP" Open Space Preservation Zoning District. He said that staff recommends approval of Ordinance 05-11 as presented. Roy Kinsey, Chairman of the McDowell Mountain Preservation Commission, thanked the Planning staff for their efforts to develop the new zoning definition. He also noted that the efforts were to preserve the land forever and the step to change the zoning from R1-43 to OSP was a big step in that direction. He noted that in the Master Plan for the Preserve it stated that the land should be preserved by such zoning. Vice Mayor Schlum thanked Mr. Kinsey for his comments. There being no other speakers wishing to comment at this time, the Vice Mayor declared the Public Hearing closed at 7:22 p.m. AGENDA ITEM #12 — CONSIDERATION OF ORDINANCE 05-11, WHICH WOULD AMEND THE "OFFICIAL ZONING DISTRICTS MAP FOR THE TOWN OF FOUNTAIN HILLS," TO REZONE THE MCDOWELL MOUNTAIN PRESERVE FROM THE "R1-43" SINGLE-FAMILY ZONING DISTRICT,TO THE OPEN SPACE PRESERVATION ZONING DISTRICT(OSP). CASE#Z2004-09. Councilman McMahan MOVED and Councilman Kehe SECONDED a motion to approve Ordinance #05-11 as recommended by staff. The motion CARRIED UNANIMOUSLY by those present(4-0). AGENDA ITEM #13 — CONSIDERATION OF A SPECIAL USE PERMIT FOR A NEXTEL ***111) WIRELESS FACILITY AT CROSSROADS CONVENIENCE CENTER. SU#2005-03. E:\BBender\Documents\Current Minutes 2005\09-15-05 Regular and Executive Session.doc Page 8 of 12 I Mr. Pickering advised that discussions had taken place with Nextel and they wanted to locate a cell tower in the Town of Fountain Hills in order to improve coverage. He said that Planner Kate Zannon would provide an overview of this item. Le. Ms. Zannon informed the Council that this evening the Council had two requests before them from Nextel. The first was to approve the placement of an antenna on top of an existing SRP power pole and noted that the pole was within an SRP easement and was approximately 63 feet 5 inches in height and the antenna would be approximately 9 feet high, bringing the total height to 72 feet 5 inches. She added that in order to support the antenna,they were also proposing to build an equipment shelter, which would be located on the northeast side of the Desert Dog property. She noted that the shelter would encompass approximately 120 square feet. She added that the second request was to place a temporary antenna on the site while the permanent facility was under construction. She said that the temporary facility was approximately 336 square feet and would have a telescopic retractable structure on top of it reaching to 40 feet in height. She advised that both the permanent facility antenna as well as the temporary would be painted gray to minimize the visual impact and blend into the landscape. There would be screening, both landscaping and a block wall and an 8-foot block wall was already being proposed along the north side of the property. She said that staff felt that the natural landscaping on the north side of the wall would be sufficient and the landscaping was in the Crossroads Property Owners Association. The site would be minimally visible from Wendy's parking lot. She added that there would be no direct screening of the temporary facility since it would be sitting on asphalt but said that staff believes that the applicant was working to minimize the impact. Ms. Zannon advised that the existing power pole was set back approximately 74 feet from the closest property line, so even with the addition of the 9-foot pole, that only brings the height to 72 feet 5 inches and the requirement was a setback equal to the height of the pole. There are residential properties located across the wash and they are approximately 260-feet from the equipment shelter and the requirement was that they be set back a distance of 300% to the height of the tower, therefore requiring the tower with the antenna to be at least 217 feet away and they are at a minimum of 260 feet. The equipment shelter was to be further screened by being fenced in as well as gated at the rear of the property. She said that staff recommends approval of the coe Special Use Permit with the five stipulations as outlined. She displayed a visual of what some of the facilities look like for the benefit of the Council. Town Clerk Bev Bender advised that the applicant had submitted a card to speak if there were any questions she could respond to. Vice Mayor Schlum asked whether the C.O.W. would require a generator in order to have permanent power. Ms. Zannon replied that it would require a generator. She added that to date no concerns have been expressed regarding possible noise because of the generator. She said that the applicant could better explain some of the noise associated with the equipment. The Vice Mayor stated that he would like to hear from the applicant on this issue. Stacy Perna, representing SRP Telecom, advised that Nextel would like the structure to remain up as long as it takes to get the permanent site in order to provide optimum coverage. She added, however, that they understood the six-month stipulation and noted that there would just be a"gap"in coverage for anyone who lived in the area as well as people driving through and using the commercial properties in the area. She reported that the generator would operate 24-hours a day, 7 days a week and added that she could obtain specific information from the carrier relative to the equipment's decibel readings if the Council so desired. Vice Mayor Schlum responded that he was just curious and he believes there are codes in place to handle any problems should they occur. Councilman Kavanagh asked whether just the one by Shea would have the generator and Ms. Perna said that was correct and noted that the permanent site would have SRP power. She estimated that the nearest residence was approximately 260 feet away. E:\BBender\Documents\Current Minutes 2005\09-15-05 Regular and Executive Session.doc Page 9 of 12 11111. Councilman Kehe asked whether the neighborhood notification requirements were met and Ms.Perna responded that they did notify the neighbors. She explained that the reason they could not run permanent power was because the temporary site had to be in a different location from where the permanent building would be located and they could not run power to something that was just going to be up for six months. She noted that the cost of trenching would be prohibitive. Councilman Mcmahan asked whether the generator would have the latest sound-suppressing features and Ms. Perna stated that she could research that issue and provide the Council with that information. Vice Mayor Schlum thanked the Council and Ms. Perna for their comments. Councilman McMahan MOVED to approve Special Use Permit SU #2005-03 for a Nextel wireless facility at Crossroads Convenience Center as outlined by staff. The motion CARRIED UNANIMOUSLY by those present(4-0). AGENDA ITEM #14 — CONSIDERATION OF A SITE PLAN FOR THE HERTZ CORPORATION LOCATED AT 11803 N.SAGUARO BOULEVARD. CASE#PD2005-02. Mr. Pickering advised that Planning and Zoning Administrator Richard Turner would provide an overview of this agenda item. Mr. Turner informed the Council that approval of the site plan for "Hertz Local Edition" was required by the Zoning Ordinance. He said that Hertz would occupy a 645-square foot suite in a small existing shopping center that is zoned C-3. Surrounding properties were zoned C-3, C-1 and R-3 and the Fountain Hills Street Department yard was located north of the site and currently in operation. There were commercial uses to the northwest and southeast and condominiums across Saguaro Boulevard. The shopping center was developed in the County and did not meet many of the Town's current site development standards. The Planning and Zoning Commission recommended approval of the application on August 25t. The proposed use appeared to be compatible with other businesses in the shopping center. Staff was satisfied that the parking available for this use was adequate and recommended approval subject to stipulations contained in the report. Skip Graham, 11802 N. Saguaro Boulevard, one of the owners of the shopping center,commended the City and staff for working with them and helping them with an older building. He said that they were asking for one exception and he was present to request that the Council consider the exception. He stated that when they originally talked about paving a portion of the alley, the cost was $2,000 and noted that the bids came in at $30,000, a cost, which they find prohibitive for their 645-square feet of rental income. He noted that Hertz was a Fortune 500 Company and would generate revenues for the Town of Fountain Hills. He stated the opinion that paving the alley would not have any more affect than it has had for the last 30 years in this center. He noted that almost all of the parking had been moved out to the front. He requested that the Council approve the exception and said that it would be economically unfeasible for them to spend$30,000 on the paving. Councilman Kavanagh noted that the application stated that the applicant needed four spaces for employees, rental cars and customers and asked whether that was the total number of spaces that would be utilized by the establishment. Mr. Turner responded that it was, three spaces in front and an employee space behind. Councilman Kavanagh commented that basically the rental car company would never have more than two cars available for rental and Mr. Turner said two or three and explained that that was how the business operated. Councilman Kehe asked whether people would be dropping cars off, one-way rentals, and Mr. Turner stated the opinion that the three spaces would accommodate that situation. He added that it would be operated on a complaint situation and if complaints were received that Hertz was using more than their allotted spaces, staff would act on that. Councilman McMahan commented that they usually move the cars in and out pretty fast but noted that the back alley would also be used for car servicing and washing. Mr. Turner responded that his impression was that the E:\BBender\Documents\Current Minutes 2005\09-15-05 Regular and Executive Session.doc Page 10 of 12 rear alley was going to be used for employee parking more than anything else but agreed they could also clean the cars in that area. Councilman Kavanagh stated that one of the reasons why the parking is estranged is because one of the other Noe stores in the center is a furniture store and requires one parking space per 800 square feet, which is "lean" by parking standards. He said that in the event the Council grants the request and down the road the furniture store leaves, he wanted to know whether that would mean that the only other stores that could be rented in that existing furniture store would be a business that has parking needs of 1 car per 800 square feet or less. Mr. Turner replied that if a request came in for another business in the shopping center, staff would have to do an evaluation of the parking for all of the uses there to make sure that there was adequate parking. Vice Mayor Schlum requested input from staff regarding the paving issue. Mr. Pickering said that there might be a solution to the problem and advised that the Town's contractor could perform the paving work for$5,000. He said that staff could put the applicant in touch with the contractor in an effort to work out a deal. He commented that the paving would cut down on the dust, which was an important issue. Vice Mayor Schlum asked whether the Council should amend the stipulations. Mr. Mcguire stated that there are two ways to proceed — either say that the paving stipulation for the alley is contingent upon the cost coming back at a certain dollar amount or less or the could leave the stipulation as is and then it will be at the applicant's risk that the stipulation will cost more than the $5,000 estimated cost. He added that it may be better to leave it without a cap in case the estimate is a few dollars higher and if the cost comes back high, the applicant can come before the Council and restate his case. Vice Mayor Schlum requested that staff work with the applicant on this matter. (low Councilman Kehe asked whether they were going to remain with the three parking spaces and Mr. McGuire said that they would keep the requirements as they were now and if the cost was prohibitive after the applicant and contractor talk, then staff would probably come back before the Council to talk about that stipulation. Councilman Kavanagh MOVED to approve the site plan for the Hertz Corporation, Case #PD2005-02 and Councilman McMahan SECONDED the motion, which carried unanimously by those present(4-0). AGENDA ITEM #15 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. None. AGENDA ITEM #16 — 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: None. AGENDA ITEM#17—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER Mr. Pickering stated that he would work with the applicant on the paving issue. LAGENDA ITEM#18—ADJOURNMENT E:\BBender\Documents\Current Minutes 2005\09-15-05 Regular and Executive Session.doc Page 11 of 12 Councilman McMahan MOVED that the Council adjourn and Councilman Kavanagh SECONDED the motion, which CARRIED UNANIMOUSLY by those present(4-0). The meeting adjourned at 7:47 p.m. TOWN OF FOUNTAIN LLS „440 By ` " Wally Nichol ,Mayor ATTEST AND PREPARED BY: Bevelyn J. nde ,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills on the 15th day of September 2005. I further certify that the meeting was duly called and that a quorum was present. DATED this 6th day of October 2005. Bevelyn J. B der, own Clerk '40) ,40) E:\BBender\Documents\Curreent Minutes 2005\09-15-05 Regular and Executive Session.doc Page 12 of 12