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HomeMy WebLinkAbout2006.0803.TCREM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL August 3, 2006 Mayor Nichols called the meeting to order at 5:33 p.m. AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38- 431.03.A1, FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY 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 REVIEW OF APPLICATIONS RECEIVED FOR VACANCIES ON THE PLANNING AND ZONING COMMISSION.); PURSUANT TO A.R.S. 38-431- 03A.3, AND FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY (SPECIFICALLY RIGHT-OF-WAY LIABILITY). Councilmember McMahan MOVED to convene the Executive Session and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY. Mayor Nichols recessed the Executive Session at 6:13 p.m. AGENDA ITEM #2 — RETURN TO REGULAR SESSION Mayor Nichols reconvened the Regular Session at 6:30 p.m. INVOCATION — Pastor Tony Pierce, First Baptist Church of Fountain Hills. ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Vice Mayor Kehe, Councilmember Leger, Councilmember McMahan, Councilmember Schlum, Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Senior Planner Bob Rodgers and Recording Secretary Janice Baxter were also present. MAYOR'S REPORT Mayor Nichols read a proclamation declaring August "Drowning Impact Awareness Month." Mayor Nichols stated that Drowning Impact Awareness Month would raise awareness regarding the number and impact of child drownings in Arizona, which affects everyone. He noted that drowning incidents in Arizona take the lives of the equivalent of a classroom of children each year and added that a child drowning can happen to anyone. He said that families could take simple steps to protect their children around water to avoid the tragic and unnecessary loss of lives. The Mayor stated that water safety remains a priority for Arizona communities, families and government and noted that keeping children safe was the goal of "Water Watchers" at Phoenix Children's Hospital, Fire Departments and other prevention organizations in the State. Mayor Nichols Page 1 of 6 emphasized the importance of increasing awareness and providing education regarding this critical issue and therefore proclaimed the month of August "Drowning Impact Awareness Month" in Fountain Hills. CALL TO THE PUBLIC None. CONSENT AGENDA AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES OF JUNE 13,14 AND 15, 2006. AGENDA ITEM #2 — CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION FOR JASON MORRIS (CVS PHARMACY #9279) LOCATED AT 14545 E. PALISADES BOULEVARD, FOUNTAIN HILLS, AZ. THIS REQUEST IS FOR A SERIES 9 LICENSE. AGENDA ITEM #3 — CONSIDERATION OF RESOLUTION 2006-42, ABANDONING WHATEVER RIGHT TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE OF PLAT 401B, BLOCK 2, LOT 11 (10423 N. NICKLAUS DRIVE) AS RECORDED IN BOOK 155 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATION. EA06-09 (GIERSZEWSKI). AGENDA ITEM #4 — CONSIDERATION OF APPROVING A CONTRACT WITH ZUMAR INDUSTRIES, INC., FOR THE PURCHASE OF TRAFFIC SIGNING MATERIALS IN THE AGENDA ITEM # 5 — CONSIDERATION OF APPROVING A ONE-YEAR CONTRACT RENEWAL WITH TRUGREEN LANDCARE FOR THE ANNUAL WASH CLEAN-UP PROJECT IN THE AMOUNT OF $132,967.00. Councilmember McMahan MOVED to approve the Consent Agenda as read and Councilmember Leger SECONDED the motion. A roll call vote was taken with the following results: Councilmember Dickey Aye Mayor Nichols Aye Councilmember Leger Aye Councilmember Schlum Aye Vice Mayor Kehe Aye Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY (7-0). ACTION AGENDA AGENDA ITEM #6 — PUBLIC HEARING OF ORDINANCE 06-09, WHICH AMENDS CHAPTER 2 OF THE ZONING ORDINANCE AND CHAPTER 6 OF THE SUBDIVISION ORDINANCE. IF ADOPTED, THE AMENDMENTS WOULD REQUIRE LOW-WATER LANDSCAPING TECHNIOUES AND PLANTS WITHIN NEW PROJECTS. CASE #Z2006-03. Mayor Nichols declared the Public Hearing open at 6:40 p.m. Page 2 of 6 Town Manager Tim Pickering stated that staff had been working diligently on the Town's Strategic Plan and added that this issue was one of the major priorities that the citizens had identified for the Town — developing standards for plants and utilizing low-water usage plants. Senior Planner Bob Rodgers addressed the Council regarding this agenda item and stated that Fountain Hills' Strategic Plan identifies Strategic Goal #3 — Low Water Landscaping — as a desirable goal for the community. He said that in researching methods of achieving this goal, staff looked at ways of reducing water consumption through low-water usage plants and irrigation without adversely affecting the undeveloped commercial lots in the Town. As a result, staff from the Parks & Recreation Department and the Planning Department, put together proposed ordinance amendments requiring that low-water plantings and low-water irrigation techniques be major components of any new landscaping plans. The amendment would amend Sections 2.04 and 2.05.B.18 of the Zoning Ordinance and Sections 6.01, 6.03, 6.07 and 6.08 of the Subdivision Ordinance as well as Table 4 of the Fountain Hills' Plant List. The amendments would revise the Fountain Hills' Plant List to require low-water usage plants as identified by the Arizona Department of Water Resources and also call for low-water usage irrigation techniques. The ordinance would require all new commercial and/or multi -family developments to provide low-water landscaping. The proposal significantly expands the plant list; requires irrigation plans to be submitted and approved; and makes low-water landscaping mandatory rather than just a recommendation. Mr. Rodgers advised that the Planning & Zoning Commission initiated this ordinance revision on May 25, 2006, and held their public hearing on June 8, 2006, where they unanimously voted to recommend approval of the ordinance. He added that staff also recommended approval of the ordinance as presented. He indicated his willingness to respond to questions and said that a representative from the Parks & Recreation Department was also present to respond to any technical questions. Mayor Nichols thanked Mr. Rodgers for his presentation and asked if there were any citizens wishing to speak on this item. Bruce Tominello, 16208 N. Sunridge Drive, addressed the Council and stated the opinion that this represented a great first step towards reducing water waste in Fountain Hills. He added that it appeared somewhat ironic to him, however, that they were placing the burden for this on the Town's commercial developers and multi -family housing developers and questioned why single-family developers were not included, as well as tear downs and rebuilds that were occurring more frequently in the Town. He stated the opinion that anything representing a major remodeling project and required re -landscaping and anything newly built as a single-family home, should also conform to the proposed new requirements. He added that this would be an excellent way, over time, to convert Fountain Hills to a leadership position in low-water usage plantings. Mr. Tominello noted that one of the recommendations presented by staff was that mulch (peat moss or other organic material) be used to conserve moisture once it goes in the soil. He stated that peat moss and organic mulch would blow around the neighborhood because it was never wet. They would be watering below it not onto it the way it was done up north and out east. He said that the peat moss and mulch materials would blow into swimming pools and onto driveways. Mr. Tominello asked that this issue be further explored in an effort to develop an alternative recommendation. Mr. Tominello expressed the opinion that the Town should set an example. The Town's "doorstep entrance" at Fountain Hills Boulevard and Saguaro Boulevard should go in the plan for the next fiscal year to be fully landscaped as an example of low-water usage landscaping for all to see. Mayor Nichols thanked Mr. Tominello for his input. There being no additional citizens wishing to speak, the Mayor closed the public hearing at 6:44 p.m. Page 3 of 6 AGENDA ITEM #7 — CONSIDERATION OF ORDINANCE 06-09, WHICH AMENDS CHAPTER 2 OF THE ZONING ORDINANCE AND CHAPTER 6 OF THE SUBDIVISION ORDINANCE. IF ADOPTED, THE AMENDMENTS WOULD REQUIRE LOW-WATER LANDSCAPING TECHNIQUES AND PLANTS WITHIN NEW PROJECTS. CASE #Z2006-03. Vice Mayor Kehe MOVED that the Council refer this agenda item back to Planning and Zoning for the addition of new residential to the amendment. Councilmember McMahan SECONDED the motion. Mayor Nichols asked Town Attorney Andrew McGuire to explain the process that must be followed regarding referrals. Mr. McGuire responded that the scope of the proposed change, to include residential, was not part of the previous ordinance and was significant enough for laws to require that the issue be sent back to Planning and Zoning. Mr. McGuire stated that they could then conduct a full set of public hearings and have the issue publicly noticed, as it would have been the first time. The issue would then come back before the Council with those provisions included. He added that "referring" the item was the same thing as sending it back to Planning and Zoning. He said it was not quite the same as a motion to continue where there would be no discussion other than on the propriety of continuance. Mr. McGuire added that the Council may discuss the ordinance, particularly the scope of direction to Planning and Zoning so that when it goes back to them, there was some idea of what the ordinance would look like. He stated that if they were looking to focus on the entire low-water use plant list on residential properties, they needed to know if they were talking about residential developments with common spaces, on the lot, house -by -house, etc. Councilmember Archambault asked whether the Council could follow this, which follows the Strategic Plan, and still move forward with the residential component by giving direction to staff to work on that aspect or if that would create a major zoning amendment. Mr. McGuire stated the opinion that the Council could pass the ordinance in its current form with direction to Planning and Zoning to initiate the amendment to expand it to residential. He added that that would provide them additional time to "feel out" where the Council stood on how broad the scope of residential should be. He noted that the Strategic Plan referred to all new development and what they really would have was the requirement that if it covers residential, it had to cover all residential — not just the new residential. If they were talking about the landscaped medians in new roads that would be developed, that would be fairly easy, but if they were talking about one lot, house -by -house, it would raise some very interesting questions about what was a legal non -conforming use for plants in someone's yard. He reiterated that staff would like to receive some direction on how broad a scope the Council was looking for as far as residential. Mr. McGuire continued to state that regardless of whether they adopt this ordinance this evening with direction to Planning and Zoning as a separate action or if they send it back for an amendment. Councilmember Archambault stated that he would opt to have small successes at first and then work on the other issues dealing with residential. He added that the residential component could be further explored at a work-study session. Councilmember Schlum commented that the notes on the agenda stated that Planning and Zoning was initially going down the path of doing all developments and he believed that was a discussion held in connection with the Strategic Plan. He continued that largely they were focusing on the State Trust Land and all of the new development that was coming, and not really breaking it down by what type of use. They talked a lot about enforcement and so he believed it would be worth discussing. Councilmember Schlum added that when a building plan came in and it was redlined, he did not know whether they could go in and have any type of discussion on watering of the grounds, what type of plants or how close they were to homes. He said that he did not know what type of resources that it would take, but perhaps Planning and Zoning could cover this if it was Page 4 of 6 sent back to them for additional discussion. He further stated that the Council could do what staff was suggesting, namely accept the ordinance with the understanding that they wanted to have single-family homes addressed as well and gain an understanding of what the limits and/or obstacles were beyond what they had ,,. before them today. Staff had suggested that if the Council wanted to look at single-family homes, they could take what was before us tonight as a first step and look at the single family as an "add on." He stated the opinion that this would be a fair way to proceed. Councilmember Leger indicated his support for sending the issue back to the Planning and Zoning Staff for further research and discussion. He said that philosophically he believed they should do this right the first time and noted that there was a strong mandate (73% of those surveyed) from the citizens that stated new residential development was really the target. The intention there was not only water conservation; it was aesthetics and being good stewards of the Town's property. He expressed the opinion that doing anything short of that would send a wrong message and may begin to erode the credibility of the Strategic Plan. He reiterated his preference that the matter be referred back to Planning and Zoning for further research and recommendations rather than having two separate ordinances in place. Councilmember Schlum commented that he had not heard anyone speak against the proposal to include single family. He added that it didn't matter to him whether they did it all at once or independently. He said that the biggest question that probably applied to this approach and to those properties as well was the enforcement provision. He continued that the whole design process and how they could enforce the uses that were currently outlined. He stated that that was worth discussing and said he supported having the ordinance apply to all development with single family at the top of the list, because of all of the development that would occur on the State Trust Land. He added that either way was fine with him but it would be good to have a discussion about enforcement and the whole process regarding Design Review either at Planning and Zoning or at a Council meeting, when it came before them. Councilmember McMahan stated that he would support sending the matter back to Planning and Zoning and agreed that they should do it right the first time and include the entire comprehensive program. Councilmember Archambault commented that he agreed that at some point residential was going to have to be researched and included. He continued to say that he was hearing from staff that they were talking a long process. He stated that he would support approving what they currently had before them and then move forward with work-study sessions over a period of time. Councilmember Archambault stated that because they were going to come across quite a few issues, some of which were touched upon by Mr. McGuire, and those issues must be addressed. He added that this was something that they could get started with now and then could add the residential later. He further stated the opinion that they were not talking about separate ordinances but they could just amend the current ordinance, if they approved it. He asked Mr. McGuire to comment on this point. Mr. McGuire responded that it would be an amendment to the current ordinance but noted that the amendment would be fairly significant. In addition to the things they had discussed, they needed to have some sort of a way to learn what the Council and public's opinion were regarding "pocket parks" in new residential subdivisions and were they going to go to `no turf' at all. Mr. McGuire continued that because the low-water plant list did not really carve out for them how this would be applied in certain situations. He added that those were the types of discussions that they really needed the Council and the public to provide feedback on before they can tell Planning and Zoning what they wanted on the residential sites. He said that whether they were together or apart didn't matter to staff, but if they were together, it did mean that this portion of it would probably be delayed until they could set up the meetings to solicit input. Councilmember Dickey also spoke in favor of referring the issue back to Planning and Zoning and added that she would like, if possible, to discuss the "heat island" issue that they had been hearing a lot about and maybe getting some assurance. She said that although it might not add to this, she would like to hear more about the issue. Page 5 of 6 The Mayor called for a vote on the motion and the motion CARRIED BY MAJORITY VOTE (6-1) with Councilmember Archambault voting nay. Mr. Pickering said that Staff would assume that the direction was that Staff would set up a work-study session for the Council to hold a full hearing and discussion on the residential portion. He added that Staff would continue to try and address as many issues as possible ahead of time. Mayor Nichols commented that he got a little nervous talking about the residential issue because he did not want to have to add five more Town Code Enforcement Officers to go around checking on flowers. Mr. Pickering responded that enforcement would be part of the discussion. Vice Mayor Kehe stated his opinion that if they did the right thing and go by the citizens' mandate, then they would simply be creative as far as enforcement. AGENDA ITEM #8 — SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER. Mr. Pickering advised that staff would schedule a work-study session to discuss the residential component of requiring low-water usage for landscaping. Mayor Nichols thanked staff for all of the work they had done to get to this point on the ordinance. He clarified that they were not discarding it — they simply wanted to take it farther — and encouraged them to continue with their good work. AGENDA ITEM #9 — ADJOURNMENT Vice Mayor Kehe MOVED that the Council adjourn and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY. The meeting adjourned at 6:55 p.m. TOWN OF FOUL jT*jN HILLS Wally ATTEST AND PREPARED BY: J ice E. Baxter, Recording 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 3rd day of August 2006. I further certify that the meeting was duly called and that a quorum was present. DATED this 8`h day of August 2006. +anicAe E. Baxter, Recording Secretary Page 6of6