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HomeMy WebLinkAbout2007.0301.TCREM.Minutes • TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL - - March 1,2007 Mayor Nichols called the meeting to order at 5:02 p.m. AGENDA ITEM #1 — ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) PURSUANT TO A.R.S. 38-431.03(A)(7), FOR DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE, SALE OR LEASE OF REAL PROPERTY. (SPECIFICALLY, ACQUISITION OF REAL PROPERTY FOR PRESERVE ACCESS); AND (ii) PURSUANT TO §38-431.03(A)(3), FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY (SPECIFICALLY, LEGAL ADVICE REGARDING LAND USE LIABILITY.) ROLL CALL— Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Councilmember Kehe, Councilmember Leger, Vice Mayor McMahan, Councilmember Schlum, Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Town Clerk Bev Bender, Kate Zanon, Director of Parks and Recreation Mark Mayer and Planning and Zoning Administrator Richard Turner were also present. Vice Mayor McMahan MOVED to convene the Executive Session and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). Vice Mayor McMahan MOVED to adjourn the Executive Session and Councilmember Schlum SECONDED the motion, which CARRIED UNANIMOULSY(7-0). The Executive Session adjourned at 6:27 p.m. AGENDA ITEM#2—RETURN TO REGULAR SESSION Mayor Nichols reconvened the Regular Session at 6:30 p.m. INVOCATION—Pastor Steven Bergeson, Shepherd of the Hills Lutheran Church. ROLL CALL— Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Councilmember Kehe, Councilmember Leger, Vice Mayor McMahan, Councilmember Schlum, C ouncilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager Tim Pickering,Town Clerk Bev Bender,Planning and Zoning Administrator Richard Turner and Senior Planner B ob Rodgers were also present. IAYOR'S REPORT (i) The Mayor will read a proclamation declaring March 200 Water Conservation Month. fayor Nichols stated that water was one of Arizona's most precious natural resources and its availability in adequate supply made habitation and enjoyment of life in the Sonoran Desert and Fountain Hills possible. He said that the availability of water in Arizona was largely dependent on the Central Arizona Project(CAP), which brought water to Arizona from neighboring states so life in the desert was not dependent on natural weather conditions for water recharge. He noted that 50 to 75% of domestic water consumption in Arizona was used for outdoor watering and drought conditions had made Fountain Hills' residents more aware of the need for water conservation. As a result,the Town Council had enacted a Low-Water Landscape Ordinance and a community- Z: \Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 1 of 16 i wide water conservation and education program. The Mayor said that it was his honor to proclaim March "Water Conservation Month" in the Town of Fountain Hills and urged all residents and businesses to reduce water consumption, increase water conservation awareness and to make water conservation a way of life. (ii) The Town of Fountain Hills received, for the fifth consecutive year, the Distinguished Budget Presentation Award for the 2006-07 Annual Budget. Finance Director Julie Ghetti, MPA, CPA, received the Certificate of Recognition from the Government Finance Officers Association of the United States and Canada (GFOA) as the individual primarily responsible for preparing the award- winning budget. Mayor Nichols requested that Finance Director Julie Ghetti stand and be recognized at this time. He stated that for the fifth year in a row, Ms. Ghetti and her staff hade received the Distinguished Budget Presentation Award for the Annual Budget, awarded by the Government Finance Officers Associations of the United States and Canada. He commended Ms. Ghetti and her staff on their continuing hard work and diligence. Ms. Ghetti thanked Mayor Nichols and the members of the Council and said that she appreciated the opportunity to continue to bring recognition to the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Department Division Informational Overview of Services Provided — Fountain Hills Fire Department. Town Manager Tim Pickering advised that staff had been making presentations on a monthly basis about different departments and this evening the Fountain Hills Rural/Metro Fire Department would talk about fire services within the Town. Fire Chief LaGreca addressed the members of the Council and introduced Assistant Fire Chief/Fire Marshall '1411) Eric Kriwer and noted that he was strongly involved in day-to-day operations and the future of the Fire Department. He said that Assistant Chief Kriwer would present an overview of the department's operations this evening. Assistant Chief Kriwer thanked the Council for the opportunity to present an overview of the services provided by the department(a complete copy of the presentation available in the Office of the Town Clerk). Assistant Chief Kriwer discussed the department's Mission statement and noted that the department recognized that they were an integral part of the community and were sensitive and responsive to neighborhood needs and priorities. He referred to an organizational chart of the department and commented on the two fire stations, the shifts, Shift Captains and various personnel. He pointed out that an ambulance component had been added within the last 18 months. He referred to statistics for the year 2005 versus 2006 and noted that the department handled approximately 3,000 calls a year. There was a slight increase in calls from 2005 to 2006, a large portion of which were medical service delivery calls. Discussion ensued relative to the department's equipment; staff vehicles; functions of the department, including emergency management planning, emergency response, fire prevention and community involvement; engine company fire inspections, multi-agency training emergency response, public education, emergency medical services and community service; existing inter-governmental agreements with the Fort McDowell Fire Department, the Rio Verde Fire District and the Scottsdale Fire Department; accomplishments over the last 18 months, which included increased relations with neighbors (Rio Verde, Fort McDowell, Scottsdale and Salt River); the Automatic External Defibrillator Program (trained over 80 Town staff in CPR and AED); the Emergency Operations Plan and improved emergency medical transport capabilities. ,4410) Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 2 of 16 Assistant Chief Kriwer advised that the Department valued a creative and productive workplace and said they were all value members of the Fountain Hills' Fire Department, professional in their actions, who strived for excellence. He thanked the members of the Council for allowing him to provide some information on the on- going operations of the department this evening. Councilmember Dickey thanked Assistant Chief Kriwer for the presentation, said that she had recently read in the newspaper that Arizona was doing a very good job in preparing for a possible pandemic flu and asked what the department's role had been in this area. Assistant Chief Kriwer responded that the department had been very active and noted that Chief LaGreca was a Chief Emergency Medical Officer and passes on to the local level all of the information discussed at the State level. He emphasized the importance of preparing for all such occurrences and stated the department interfaced with the Arizona State Emergency Management Office as well as the Maricopa County Emergency Management Office and was very active in any alerts that came through. The Maricopa County Sheriff's Office kept the department up to date on any advisories they received and that information was shared with staff and Council. Vice Mayor McMahan asked what the department's present status was relative to the 9-1-1 response. He said that he used it a few months ago and it was very good. Assistant Chief Kriwer advised that a joint partnership existed in this area and explained that the calls first went through the Maricopa County Sheriff's Department and within seconds they extended it out to whatever the local jurisdiction happened to be. He stated the opinion that the 9-1-1 system was a well-functioning system with no problems at this point. He noted that four ambulances were shared between Carefree, Cave Creek, Paradise Valley and Fountain Hills and two were located in Town where a majority of the calls are received. In response to a question from Councilmember Leger, Assistant Chief Kriwer said that he was not aware of any pressing needs at this time. ,. Mayor Nichols thanked Chief LaGreca and Assistant Chief Kriwer for their ongoing efforts and for the presentation this evening. CALL TO THE PUBLIC None. CONSENT AGENDA AGENDA ITEM #1 —CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM FEBRUARY 13 AND FEBRUARY 15,2007. AGENDA ITEM 4# 2 — CONSIDERATION OF APPROVING THE EXTENSION OF PREMISE LIQUOR LICENSE APPLICATION FOR JIM MYCZEK (GRAPEABLES FINE WINE) FOR SATURDAY,MARCH 10,2007,FROM 10:00 A.M.TO 6:00 P.M. Councilmember Leger MOVED to approve the Consent Agenda as read and Vice Mayor McMahan 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 klay Councilmember Kehe Aye Vice Mayor McMahan Aye Councilmember Archambault Aye Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 3 of 16 The motion CARRIED UNANIMOUSLY(7 to 0). Councilmember Dickey commented that she had the opportunity to visit the Mayor's Youth Council today over „go) at the Capitol (Youth Leadership Day) and said that it was a wonderful, full day. She added that hopefully when the Council met with the School Board on the 14th,they could discuss this further. Mayor Nichols thanked Councilmember Dickey for her input. REGULAR AGENDA AGENDA ITEM #3 — PUBLIC HEARING ON ORDINANCE #07-02, WHICH EXCEPTS SWIM SCHOOL FROM THE HOME OCCUPATION REQUIREMENTS AND ADDS SWIM SCHOOL AS A USE PERMITTED BY TEMPORARY USE PERMIT IN SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS AND PROVIDES STANDARDS FOR SWIM SCHOOLS ALLOWED BY TEMPORARY USE PERMIT. CASE NUMBER Z2006-10. Mayor Nichols declared the public hearing open at 7:00 p.m. Town Manager Tim Pickering advised that Planning and Zoning Administrator Richard Turner would provide an overview of this agenda item. Mr. Turner addressed the Council relative to this agenda item and explained that the issue began with a complaint received regarding Aquatics Unlimited, which was providing swimming instruction, water aerobics classes and pool parties from a single-family home in an R1-8 Single-Family Residential Zoning District. Excessive noise and parking were issues mentioned in the complaint. The Town Council considered the larger issue of swim schools at their meeting in November of last year and directed staff to work on a Zoning Ordinance amendment that would address the swim school issue. Mr. Turner advised that staff looked at amending the Home Occupation regulations and decided that allowing swim schools in single-family zoning, subject to a Temporary Use Permit with criteria, would be the best approach. He noted that the criteria developed included in the staff report were as follows: (1) Swim schools shall operate from a single-family dwelling unit. The operation of the swim schools shall not change the residential character of the dwelling unit; (2) All employees of the swim schools shall be members of the immediate family residing in the dwelling unit where the swim schools are being operated, except that one employee may be a non-resident; (3) The area used for swim schools shall not exceed (a) Thirty (30) percent of the area of the rear yard and (b) twenty five (25) percent of the gross floor area of the dwelling; (4) Customer trip generation shall not exceed twenty (20) trips per day; (5) No signs identifying the business or any commercial product or service are allowed, and (6) Any pool used for a swim school shall be fenced in accordance with Subsection 5.09 (D) of the ordinance, as may be amended from time to time. Mr. Turner further stated that the Council may wish to add a seventh criteria to outline what was not allowed: (7) Other related activities including but not limited to pool parties and aerobics instruction are not allowed. He said that allowing swim schools in single-family zoning districts subject to Temporary Use Permits was a good approach. It allowed each of the unique features of the use to be addressed through a specific standard. The Temporary Use Permit process provided for posting of the property and an opportunity for residents to appear before the Town Council and voice their concerns before a vote was taken on the permit. A Temporary Use Permit could be revoked for non-compliance and the Town Council could also deny an application to renew such permit if it was no longer a compatible use in the neighborhood. Mr. Turner also discussed the subject of trips and said that the requirements for a home occupation limits trip generation to five (5) and added to the number of trips generated by a single-family home would increase that level to fifteen (15). Aquatics Unlimited had requested thirty (30) trips per day and believe that to be a workable solution given the seasonal nature of their business. Staff had suggested a twenty (20) trip per day limit, twice the number of trips generated by an average single-family home. Car pooling would be one way that swim school businesses could meet that limit. The County Health Department had regulations in place that apply to businesses that used swimming pools in the course of business and the County had inspected the pool Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 4 of 16 . - used by Aquatics Unlimited. The owner of the business had been advised that if they were going to conduct a Lir swim school,proper permits from the County would be required. Mr. Turner stated that options for amending the Zoning Ordinance had been developed and considered but deemed not feasible by the current swim school operator. Staff recognized that Aquatics Unlimited and other swim schools do provide a valuable service to the community. Arizona was noted for having an ongoing problem with child drownings. The Planning Commission, on February 8, 2007, recommended approval of the Zoning Ordinance amendment with an increase in the number of trips to thirty (30). Staff's recommendation was to approve the Zoning Ordinance amendments as proposed, provided that the number of trips be limited to twenty(20)per day. Mr.Turner indicated his willingness to respond to any questions. Mayor Nichols thanked Mr. Turner for his presentation and asked if there were any citizens who wished to speak on this item. Town Clerk Bev Bender advised that two citizens submitted speaker requests and the Mayor requested that they come forward as their names are called. Sue Mackie, representing Aquatics Unlimited Swim School, 17362 E. Calaveras Avenue, addressed the Council and thanked them for their consideration of amending the Zoning Code. She also thanked Mr. Turner and his staff for all of their hard work. She said that by the numbers that came up the last time this issue was discussed, it was obvious that the Town needed this facility for the community. She added that she had worked very hard to help prevent child drownings in Fountain Hills. She asked the Council to consider how many people her services were going to help and how many children would have the benefit of learning how to swim by having this opportunity. She said that staff was recommending a maximum trip generation of twenty (20) per day but pointed out that the Planning and Zoning Commission had agreed to a maximum of thirty(30). Ms. Bender advised that Mr. Mark Derksen Jr., 16567 E. Fayette Drive, submitted a speaker card in favor of approving the request but did not wish to speak at this time. His speaker request card indicated a need for this L. particular type of service for children in Town. Mayor Nichols thanked the citizens for their input. There being no additional citizens wishing to speak, the Mayor declared the public hearing closed at 7:05 p.m. AGENDA ITEM #4 — CONSIDERATION OF ORDINANCE #07-02, WHICH EXCEPTS SWIM SCHOOL FROM THE HOME OCCUPATION REQUIREMENTS AND ADDS SWIM SCHOOL AS A USE PERMITTED BY TEMPORARY USE PERMIT IN SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS AND PROVIDES STANDARDS FOR SWIM SCHOOLS ALLOWED BY TEMPORARY USE PERMIT. CASE NUMBER Z2006-10. Councilmember Schlum MOVED to approve Ordinance 07-02 and Councilmember Archambault SECONDED the motion. Councilmember Schlum commented on the fact that staff was proposing to double the number of trips allowed for a business and asked how staff arrived at a maximum of twenty(20). Mr. Turner responded that ten (10) trips per day was the number that was typically associated with an average single-family home and staff doubled that number to arrive at the twenty(20). Councilmember Dickey asked whether the Maricopa County Health Department's involvement should be listed as part of the criteria. Mr. Turner advised that the Maricopa County Health Department had their own set of regulations and responsibilities and they would make sure that any semi-public pool had the proper permits. He stated the opinion that it was not necessary to include reference to that in the criteria but added that that was the decision of the Council. ( Vice Mayor McMahan MOVED to amend the motion to limit the number of trips to thirty (30) per day, as recommended by the Planning and Zoning Commission. Councilmember Schlum SECONDED the motion. Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 5 of 16 Councilmember Schlum noted that the discretion given under the Temporary Use Permit seemed to allow, if there was a problem, the Council the authority to revoke the permit and said that that could be problematic if they allowed them to do something that might result in the removal of a temporary use. He stressed the importance of clearly stating how many trips they were comfortable with. He referred to information contained in the staff report relative to car pooling and asking parents to bring their children together and said that those types of things would probably help mitigate the number of trips. He added that he seconded the motion more for discussion purposes and was comfortable with what staff had proposed. He said that Ms. Mackie's swim school had been in operation since 1994 and only one complaint had been received, for noise rather than traffic. He stated that he was not too concerned with the thirty (30) trips because that did not appear to have been a problem in the past. He added,however,that he was sensitive to any potential problems that could be created. There being no additional comments, the Mayor called for a vote on the amendment. The motion FAILED for lack of a majority vote(2-5) with Vice Mayor McMahan and Councilmember Schlum voting aye. Councilmember Kehe requested that Mr. Turner expand upon his suggestion that the Council could add another item (#7) to the stated criteria. Mr. Turner said that the motion should be amended if the Council wished to include the additional condition. Councilmember Kehe MOVED to amend the motion to include stipulation #7 (listed above) to the list of criteria developed by staff and Councilmember Schlum SECONDED the motion. Councilmember Archambault said that at the Workshop where this item was discussed, the Council had talked about not encouraging parties and similar activities. He asked whether the criteria "blanketed" that desire or additional verbiage should be added. He stated that they clearly wanted the swim school to succeed but did not want to ruin the integrity of the neighborhood. Mr. Turner advised that Stipulation #7 covered that aspect as well; it was specifically related to pool parties and j aerobic instruction and stated clearly that the only activity allowed was a swim school. Councilmember Leger stated the opinion that it was important to include that because this would now be a permissible use with the issuance of a Temporary Use Permit and there might be neighborhoods in Town that were not as obliging or cooperative as the one currently being discussed. He said that the clearer they could be in the stipulations and criteria, the better because the preventative message would be outlined. He added that he supported the motion. Mayor Nichols called for a vote on the amended motion. The amendment CARRIED UNANIMOUSLY(7-0). Mayor Nichols called for a vote on the main motion. The amended motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM # 5 — PUBLIC HEARING ON A SPECIAL USE PERMIT FOR "SPECTRUM BEHAVIORAL HEALTH CENTER," A REHABILITATION CENTER FOR DRUG, ALCOHOL AND EATING DISORDERS LOCATED AT 11843 N. DESERT VISTA DRIVE, FOUNTAIN HILLS, ARIZONA. CASE#SU2007-02. Mayor Nichols declared the public hearing open at 7:12 p.m. Mr. Pickering advised that Senior Planner Bob Rodgers would provide the Council with an overview of this agenda item. Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 6 of 16 Mr. Rodgers addressed the Council and stated that this was an application for a Special Use Permit to allow Spectrum Behavioral Health Center to operate within a C-1 Zoning District. The Center would • Lir be a 16 to 20-bed facility dedicated to providing services in the areas of eating disorders and alcohol and drug treatment with a primary emphasis on detox and rehabilitation. The facility would be just over 30,000 square feet in size. Colony Wash and the Morningside II developments were to the north and the area was zoned R-4 RUPD approved in 1992. The Desert Vista Dog Park was located to the west and was also zoned C-1. Desert Vista Place condominiums were located to the south and were permitted by a Special Use Permit for residential use in a C-1 zoning district in 2001. To the east was a strip of Town-owned land and then the Fort McDowell Yavapai Nation. Mr. Rodgers stated that the existing building was approximately 4,500 square feet and was originally built as a medical office and was later converted into a church. This proposal would return the use to a medical facility although having a different medical use than the original one. The existing building is accessed off of Saxton Drive, a dead end road with no other driveways accessing it. There were 21 parking spaces, two of which were handicapped and there was also a circular access off of Desert Vista Drive for deliveries and trash pickup. He referred to the location of the dumpster. He noted that the area shown was a gravel pad because the area was permitted as a helipad as part of a previously approved Special Use Permit. He noted the main entrance into the facility was off of the parking lot. No alterations were being proposed for the lot or for the outside of the building at this time. He referred to drawings depicting the proposed floor plan and explained the proposed layout of the facility, including a classroom that would double as a meeting space/cafeteria and lounge. Another counseling office was located midway down the hall and ten bedrooms were shown each containing two beds, allowing for a maximum occupancy of 20 patients. Mr. Rodgers advised that the Planning and Zoning Commission held a public hearing on February 8, 2007 and voted to forward a recommendation of approval on to the Council for a Special Use Permit. Staff recommended that the Council approve the Special Use Permit for Spectrum Behavioral Health Center, subject to the six stipulations outlined in the staff report. (Copy of presentation on file in the Office of the Town Clerk.) Mayor Nichols thanked Mr. Rodgers for his presentation. Ms. Bender advised that 40 speaker cards were submitted by individuals who indicated opposition to the approval of the Special Use Permit. She noted that those citizens did not wish to speak. She added that 5 speaker cards indicating support for the project were also submitted and those individuals did not wish to speak. In addition, she had received 19 speaker cards from individuals who did wish to address the Council relative to this agenda item, one of which was Mr. Tom Siders, President of the Desert Vista Homeowners' Association, who was granted 6 minutes in which to submit his remarks. Tom Siders, President of the Desert Vista Homeowners' Association, 11725 N. Desert Vista Drive, speaking on behalf of the entire HOA, addressed the Council and spoke in opposition to the granting of a Special Use Permit for this project. He said that the group had deliberated about the proposed facility for quite some time and tried to do so with an open mind. They met with the applicant, Mr. Westbrooks, who had been very cordial and cooperative but said that the Association would now like to request that the Council reject the Special Use Permit. He said that at a minimum, if the Council felt they had to act this evening in a positive manner, they asked that the Council table the item and conduct a more thorough neighborhood impact study of the proposed facility. Mr. Siders expressed concerns relative to potential threats to neighborhood security and personal safety; potential dangers to children and in fact all individuals in the area; the fact that the HOA did not object to the plan to locate the residential treatment center in the East Valley and were aware of the need and the purpose was commendable but they requested that a more appropriate location be found. Mr. Siders discussed the fact that addicts at the beginning stages of detox could exhibit dangerous and sometimes violent behavior and could pose a threat to themselves and others. The facility would be dealing with individuals who had chemical dependencies and the patients could be irrational, Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 7 of 16 unpredictable and difficult to control and that was why some of the best facilities had security. He noted that no on-site security was planned for this facility, no lock down and patients were free to leave. The facility would rely on 9-1-1 or some sort of on-call private security firm. He said it was not inconceivable that in the throes of a violent detox one of the patients could leave the facility and in a heartbeat show up at Mr. Siders' back door or in the Dog Park or at the school bus stop. He questioned how quickly law enforcement could be reasonably expected to respond to such a situation and added that it would take less than 30 seconds for an explosive person to come into contact with children walking home from school or someone walking their family dog. He questioned whether allowing this facility to operate was worth the risk even if the chances were low that such occurrences would happen. He said that the Association requests that the Councilmembers put themselves in the homeowners' shoes and answer that question. Mr. Siders pointed out that the site was selected because the building happened to be on the market, not because it was the best location for such an operation. He referred to pictures contained in the Council's packet that show the neighborhood and how close the facility would be to some great recreational facilities including the new Skate Park, the Dog Park and soccer fields. He also referred to an article from a Los Angeles newspaper published a couple of weeks ago that reported on a disagreement that took place between two members of a rehab center about a parking space and one killed the other. At the time of printing, the perpetrator had not been captured. Businesses near the facility had been burglarized so businesses were moving out and one member of the Los Angeles City Council was now calling for an investigation and asking how the city could possibly approve the location of a facility like that next door to an elementary school. Mr. Siders requested on behalf of the Association that the Council deny the request for a Special Use Permit and that staff and the members of the Planning and Zoning Commission focus on helping Mr. Westbrooks locate a more suitable location for the facility. Mayor Nichols thanked Mr. Siders for his comments. The Mayor requested that the applicant and/or his representative come forward at this time and present remarks. Mr. Britton Warthen, an attorney with the law firm Beus Gilbert, 4800 N. Scottsdale Road, addressed the Council and stated that based on the remarks he had heard, he believed a misunderstanding of the facility existed. He said that a lot of the things that Mr. Siders discussed related to his and the members' views on how these types of facilities operate. He stressed the fact that there was no basis for people to feel that safety risks would result should the facility be allowed to open at the proposed location. He said that people with eating disorders and/or drug and alcohol disorders were not necessarily violent and added that the only thing Mr. Siders pointed to was a rapid detox where someone might become violent and reiterated that there is no basis for such a remark. He added that the type of facility they were proposing was not a lock down facility, it was a closed facility, and in many ways that was a good thing. The people who utilized the facility were there because they wanted to be there and were looking for help. They could leave if they wanted to so there was nothing to create a violent atmosphere. The participants were not forced to go through the program, their participation was voluntary, and they were not talking about dangerous people. Mr. Warthen stated that they were happy to be before the Council this evening with staff and Planning and Zoning Commission approval and said that he believed they had that approval because what was taking place this evening was an administrative action. The rehabilitation facility was proposed to be within a C-1 zoning district, which required a Special Use Permit for the proposed type of use as opposed to a legislative type of action where they would be requesting a rezoning or some type of new zoning classification and therefore there was a limit on discretion. He noted that the Zoning Ordinance for Fountain Hills, pursuant to Section 12.03.0 already contemplates this use in a C-1 zoning „4„) classification. He emphasized that the use was already allowed and requested that the Council support the recommendation of approval from staff and the Planning and Zoning Commission. He introduced Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 8 of 16 his client Dr. Philip Westbrooks and advised that he had brought with him his staff, a very intelligent group of people, and provided a brief overview of Dr. Westbrooks' education and qualifications. Dr. Phillip Westbrooks, President and CEO of Spectrum Behavioral Health Center, addressed the members of the Council and said that they were before the Council this evening to request approval for a Special Use Permit. He stated that at the Planning and Zoning Commission meeting had he tried to address most of the points associated with this case and offered to hold meetings with the neighbors to work through some of the issues. He advised that one meeting has been held and they had talked through some of the major points. He introduced members of his management team to the members of the Council and provided brief background information on their education and expertise. Dr. Westbrook stated that he understood some of the concerns and fears of the unknown expressed by the neighbors and said that during his tenure as a member of the Chandler City Council, he had heard many similar cases. He assured the neighbors that the proposed facility was not a forced detox rehabilitation facility. He had contacted other rehabilitation centers within the community and forwarded copies of a letter from Chandler Valley Health attesting to the fact that a similar facility was located in Chandler, surrounded by residents, and no safety issues had occurred at that location. He stated that during the eight years he served on the Council, not one complaint was received regarding the facility. The other issue had to do with reducing the property values and they had a real estate agent forward some information on to the Council that showed that no evidence existed that these types of facilities would negatively impact any type of home values because of its proximity to residences. The last issue was crime and research had not uncovered any founded evidence in the Valley that these types of facilities would bring crime to the neighborhood. The patients consisted of middle-class families that need some support and assistance going through a problem in their lives; everyone knows someone who needed this type of service. Dr. Westbrooks stated that their goal was to be a good neighbor and to work with the community. He said they were willing to meet with the neighbors to address any remaining concerns and he asked the Council to support the request this evening. Mayor Nichols thanked Dr. Westbrooks for his comments. Mayor Nichols said that he would now call on the rest of the citizens who want to speak on this item. The following citizens spoke in support of the request for a Special Use Permit and provided the following comments: The property was zoned for commercial use; a facility such as this that would help people was better than building more unnecessary condominiums; on a weekly basis, the Church that utilized that site could attest to the fact that almost on a weekly basis, they had people performing voluntary community service for drug and alcohol abuse so a strong need for this type of facility existed; people who utilized the facility wanted help, they were not being forced to go; the importance of not ignoring such a serious problem that existed in almost every neighborhood throughout the country; the fact that the community would benefit as a whole as a result of the facility and the services it provided; traffic would be minimal compared to prior uses; comments from the Marshall's office relative to the fact that Fountain Hills had the same type of drug/alcohol abuse problems found in bigger towns and cities so a need existed; the fact that substance abuse was occurring in Town and people could not close their eyes to this problem; the fact that the media tends to portray one extreme or another and the proposed facility was voluntary in nature; the fact that lock-down facilities did not provide the self-empowerment that this type of facility fosters; the fact that chemical dependency also included prescription drugs and many professionals sought help in these types of facilities; the fact that the facility would provide high quality service and benefit both the patients and the entire community; new medical facilities were coming to Town and this facility was appropriate and would send out the message that Fountain Hills was a business friendly Town; the high level of expertise among staff that coe would operate the facility; the fact that potential patients were already in the community and the facility would provide an opportunity for them to get off of the streets and obtain assistance; the fact that the program was highly structured and monitored and medically based; the fact that every hour of Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 9 of 16 • the day every person would be accounted for, and the benefits of having a locally-based facility of this type: „ie) Mark Derksen, Sr. 15603 E. Centipede Drive Mark Derksen, Jr. 16567 E. Fayette Drive Ignacio Verdugo Spectrum Behavioral Health Center Martha Grout, MD 9328 E. Raintree Drive Frank Ferrara F.H. Chamber of Commerce Mary Pitz Spoke on behalf of applicant Belle Gurule 9224 N. Summer Hill Blvd. The following citizens spoke in opposition to the request for a Special Use Permit and provided the following comments: Concerns relative to whether a rehabilitation facility was part of the planned vision for the community; the fact that State investigators who conduct hospital inspections were overloaded with work and cases typically run six months or longer; new and renewal applications for licenses were being put on hold for as long as eleven months; violations, often unintentional, were common and required regular checks to keep major infractions from occurring (Walter Reed Hospital for example); the Council should take a "wait and see" approach at this time rather than approve the request; safety concerns; surrounding amenities (Dog Park, soccer field etc.) attract children and every precaution must be taken to protect the Town's youths, and the fact that the facility in Chandler was located in a blighted area and there were bars on the windows of the facility and some of the nearby homes: Harlan Olson 17381 E. Teal Drive LuAnne Sexton 17305 E. Teal Drive Daniela Sabo 17351 E. Teal Drive Lollie Wheeler 17375 E. Teal Drive Bruce Tominello 16208 N. Sunridge Drive In addition, Mr. Bruce Tominello, questioned whether the facility would house a dining facility and, if not, asked how meals would be provided. He stressed the importance of looking at the current character of the neighborhood before deciding whether or not the facility would fit in. He noted that the neighborhood was residential and park land and requested that the Council consider this point. He also questioned what would happen if the facility failed, after it had been converted to this type of business, and other similar type businesses decided to take it over or the State came in. The following citizen indicated that more information is needed prior to rendering a decision on such an important issue: Joan Jaeger 17301 E. Teal Drive Mayor Nichols responded that it was clear in the staff report that a kitchen was proposed for the facility and added that classrooms might be used for eating purposes. Mayor Nichols thanked all of the speakers for their input. Councilmember Kehe referred to comments presented by a citizen relative to the facility that existed in Chandler and asked Dr. Westbrooks if he would speak to her remarks. Dr. Westbrooks advised that the facility was located in a redevelopment area of Chandler and emphasized that redevelopment areas were not viewed as being any less of an area than a new neighborhood. He noted that at one point, the area in question was a new neighborhood and the facility was located there offering the same services it did today. He reported that no complaints had been received regarding the facility, as attested to in the letter sent by the facility to the Council. He noted that they also had other facilities located elsewhere in the Valley and they too operated without Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 10 of 16 generating complaints. He added that crime had not been an issue. He pointed out that the facility , would be a closed one, which meant that the residents were limited to the facility's space (the grounds). The patients would not be going out to the restaurants for lunch. They were going through an improvement process in their lives. The facility would utilize local businesses/services to operate and the desire was to be a good neighbor in the community. As a result of concerns expressed by residents, visitor traffic would be limited to Saturdays and Sundays only from 1:00 p.m. to 4:00 p.m. and by appointment only. In response to a question from Councilmember Leger, Dr. Westbrooks explained that he was in the process of submitting his dissertation for his doctorate in Education. Councilmember Leger said that he sat in on the Planning and Zoning Commission's meeting as well as the word "detox" was brought up numerous times, as it was this evening. He asked whether it would be fair to say that when an individual, regardless of their character, demographics or economic status, went through the detox process, that it was a difficult experience. Dr. Westbrooks responded that it depended upon what phase the individuals were in within the detox process. He agreed that it was a difficult process because they were trying to change a way of life, a habit. He said that it was a challenging phase and the level of difficulty varied depending on the patient. Councilmember Leger stated that he kept hearing that "this was not going to happen," referring to problems that might occur but said that he did not think they really knew what was going to happen. Dr. Westbrooks responded that he and other members of the facility were basing their remarks on their experiences in the healthcare field and at other similar facilities. He said that research conducted among other facilities in the Valley had shown that no problems had surfaced. There had been no cases of violence among patients who had gone through this type of treatment. Lo. Councilmember Leger asked whether someone going through the program could become disoriented ( and choose to leave the facility. Dr. Westbrooks said that that was a possibility. Discussion ensued relative security issues raised at the Planning and Zoning Commission and the fact that the minutes from that meeting state that according to State regulations, patients were not allowed to be locked up, which means that the patients could leave voluntarily at any time; Councilmember Leger's concerns relative to this fact and his comment that it was a documented fact that people going through this type of treatment could become very aggressive and disruptive; the fact that 24-hour monitoring/treatment could mitigate this type of behavior; Dr. Westbrooks' comment that most people remain in treatment throughout the entire process and if they did choose to go, policies and procedures would be in place on how to address that situation, including calling family members to gain their assistance in persuading the patient to stay and the fact that if someone still insisted that they wanted to leave, the facility would provide the transportation for them to get back to their home or wherever they needed to go. Councilmember Leger commented that what Dr. Westbrooks described was a rational process and said that for many the detox process was not a rational one. He added that this was an emotional issue for everyone and said that Dr. Westbrooks had assembled a tremendous staff with excellent credentials. He stressed that his line of questioning did not go to the type of facility nor was this evening's discussion about the merits of the facility. He said that he did not question the need or merits of the type of treatment being proposed. To him the question was simply about location and the criteria associated with Special Use Permits. He said his concern also had to do with the impact of the proposed use on surrounding areas. Many, many people had already been impacted perceptionally and the facility was not even there yet but perception was reality and that was what they are dealing with this evening. ( car Councilmember Archambault posed questions relative to supervision, staffing, and procedures that would occur during a 24-hour period. Dr. Westbrooks replied that a nurse would be on duty 24/7 and a nurse assistant and/or a counselor on 18 hours per day. If security was something that the Council Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 11 of 16 felt was important, he said they would be willing to have a security person on site as well during the evening hours. He said that facilities similar to what was being proposed did not have security personnel on staff because they were not needed. He said if they called any of the rehab facilities they would be told that security staff had not been and was not now needed. He added that he discussed this issue with the neighbors and they were comfortable with having a security person on duty from 9:00 or 10:00 p.m. until 6:00 or 7:00 a.m. Additional discussion ensued relative to the fact that the facility should shut down by 9:00 p.m.; the fact that if someone wanted to leave, staff would talk to the individual and if the patient still wanted to leave, transportation would be provided or a family member would be contacted to pick the person up; the fact that no bars on windows were being proposed for the facility, and the fact that an alarm system would be in place so anyone trying to leave would be detected. Councilmember Dickey said that she called the Town of Wickenberg because they had several facilities located in residential areas. She stated that due to the number of facilities in various locations, she would like to receive more specific information relative to the day-to-day operations of a facility similar in nature to this one. She added that if an incident were to occur, 24/7 security would certainly help (rather than have to call law enforcement for assistance). She asked what the relationship would be between the facility and the State Inspectors and whether there were problems associated with obtaining a license from the State. Dr. Westbrooks advised that he would be willing to provide security staff during the evening hours (9:00 p.m. or 10:00 p.m. to 6:00 a.m. or 7:00 a.m.). He said that as far as the day-to-day operations, people going through detox were seen physicians every day and were monitored by the nurse at least every hour and the counselors were also there to help them through the process (three to five days for the detox process). Then the rehabilitation process began with the physician coming in once a day to assess the patients and depending upon the patient's needs, they would prescribe what needed to be done. The nurses would follow the physician's orders and the counselors would provide group sessions to go through the 12-step program (a faith-based program). Individual counseling was available as well. Patients would be provided lunch and in the afternoons they would attend another group session and individual counseling would occur again during the evening hours. Dinner would be served, they would prepare for bed, lights were to be out at 9:00 p.m. and the process would then be repeated. He reiterated that residents were confined to the facility/grounds. Individuals could stay three to five days if they wished to just go through detox or they could stay up to 21-28 days for the total rehabilitation treatment. Vice Mayor McMahan asked whether the patients would participate in outside activities during the day outside of the structure and if so, whether the yards be fenced. Dr. Westbrooks stated that the activities would be very limited in terms of going out to a ramada area. Some may want to smoke or enjoy some peaceful time outside. He stated that they were not planning to have any major activities occur outside. Discussion ensued relative to fees ($400 to $1,100 per day) and the fact that the fees are typically paid privately although they do have contracts with insurance companies as well; the fact that the patients could be considered "upscale" based on the cost of the treatment (middle and upper class individuals); the fact that the proposed location of the facility is the major problem and the fact that providing security may alleviate some of the concerns that have been expressed; the fact that if a Special Use Permit was approved this evening, Dr. Westbrooks is willing to stipulate to the specific use of this particular facility (based on all of the discussions that have occurred relative to this particular case). Councilmember Schlum commented that the proposed service was a beneficial one but noted that the public did have fears regarding this particular area. He commented that security personnel might protect someone else in the facility but would not prevent a patient from leaving if that were what they decided to do. He asked about patients' state of mind when going through/leaving the process. Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 12 of 16 Dr. Westbrooks responded that they were going through various changes in their lives and said in the treatment process, in terms of them leaving, if they went through the full program the hope was that they would have improved their lives with the confidence to go back out into the community and be productive citizens and they would have follow-up sessions with the physician at a different location (once a week or as needed) to talk to someone if they were struggling. Councilmember Dickey asked for a follow up reply on her previous question regarding State Inspectors and neighborhood affects of existing facilities such as Wickenberg. Dr. Westbrooks replied that in terms of the State inspections, they had not received any indication that it would take six months for them to complete their process. The State would conduct the initial inspection and they would also go through certification with CARP (Commission's Accreditation on Rehabilitation Facilities). They would not only have the State certification; they would have the additional one as well to make sure that policies and procedures were in place to properly run this type of facility. He confirmed that this all occurred before the facility began operation. He noted that he had assisted living facilities as well and noted that they required State inspections and the State told him that it would be six month before they could come out but they had performed the inspections right away. Councilmember Dickey stated that Dr. Westbrooks had commented that he had looked at other facilities that did not experience any problems and asked how many he had looked at and what areas he examined. Dr. Westbrooks said that they had provided a letter from a facility that had been operating in the Valley for over ten years that addressed the issue of safety and security and they had not had any problems. In addition, they researched other facilities and had not identified any problems among similar facilities. Mayor Nichols closed the public hearing at 8:35 p.m. AGENDA ITEM #6 — CONSIDERATION OF A SPECIAL USE PERMIT FOR "SPECTRUM BEHAVIORAL HEALTH CENTER," A REHABILITATION CENTER FOR DRUG, ALCOHOL AND EATING DISORDERS LOCATED AT 11843 N. DESERT VISTA DRIVE, FOUNTAIN HILLS, ARIZONA. CASE#SU2007-02. Vice Mayor McMahan MOVED to approve the Special Use Permit for "Spectrum Behavioral Health Center" and Councilmember Archambault SECONDED the motion. In response to a question from Councilmember Archambault, Mr. Rodgers advised that the helipad was still in existence. He explained that it went with the land unless stipulated, as part of the Special Use Permit, that it go away. Mr. Rodgers further explained that the Fountain Hills Zoning Ordinance specifically outlined uses that required Special Use Permits and that was why this case had to go through this process. Councilmember Dickey MOVED to amend the motion to include a stipulation relative to the fact that security would be on staff from 9:00 p.m. until 6:00 a.m. daily and Vice Mayor McMahan SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). Mayor Nichols stated that he has no problem with the basic concept of what they were trying to accomplish, however, he had not been swayed enough to be able to say that the facility would not be detrimental to the public health, safety, peace, comfort and general welfare of the persons residing or working in the neighborhood. He added that he believed there was still a safety problem and he could not support the motion. Councilmember Archambault said that all of the members of the Council had to reach their own �r personal conclusions as they reviewed the facts surrounding this particular case. He added that in order to do this, he had to go back to the beginning, 1978 when the building was originally a medical clinic, and only required a Special Use Permit for the heliport. He stated that this led him to believe Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 13 of 16 t that under the County there was no Special Use Permit, which was just confirmed by Mr. Rodgers, it was an allowable use (C-1 for a medical clinic). The Town then began to adopt ordinances to plan the type of the zoning they wanted in Fountain Hills. He outlined the purpose of a C-1 district, a ,4140 neighborhood commercial and professional zoning district, as well as the definition of a neighborhood commercial (C-1) district, which was "to provide a location for modest, well-designed commercial enterprises to serve a surrounding residential neighborhood as well as to provide services to the community, which was not detrimental to the integrity of the surrounding residential neighborhood and to provide for an appropriate location for professional services and offices throughout the community. The intent of the district is to integrate limited commercial activity and professional services and offices with residential land use in a climate favorable to both." Councilmember Archambault said he then pursued an answer to the question of whether this facility would pass the test in keeping with the integrity of the surrounding neighborhood. He first looked at the C-1 lot that currently housed the Desert Vista HOA and allowable residences to address the issue of traffic because many concerns have been expressed regarding this issue. It became apparent to him that the traffic generated by the facility could not compete with the traffic generated by the residential properties. They would generate more traffic than this facility could possibly generate once the park was completed so he did not believe that traffic was an issue. A lot of letters had been received expressing concerns relative to the fact that the facility would be located right across the street from a park. He said he did not see any reason to believe that some crazed person was going to harm children or utilize the park as a place to sell drugs to the Town's youths. He added that would it not also be possible then to assume that a stray dog from the dog facility that was being created across from the park might get loose and bite someone. In addition, he discussed the dog park and stated that someone could be taking their dog out of the dog park and the dog could get loose and wind up biting someone as well. He stated the opinion that there was a better chance of that happening than traffic or someone getting injured because patients left the facility. Councilmember Archambault said the Council also received letters expressing concerns about the ( presence of drug pushers. He asked if they should assume that the Town of Fountain Hills was immune to drug traffic or that the pushers would hang out around the facility because there were people there for obesity, alcohol and drug rehabilitation. He noted that drugs were already here and would continue to be here as long as a demand existed. He said that they as a society could not continue to "keep their heads in the sand" or succumb to their fears and not acknowledge that there could be a solution. He stated that fear often paralyzed people from acting when action was what should be taken. He pointed out that the Town licenses liquor sales and events that sell alcohol yet they refuse to acknowledge that there were people in this society that used that as a legal drug or their drug of choice. As a nation they made drugs illegal and spend billions of dollars a year trying to stop the flow. Yet, they did not put enough towards education and recovery facilities to help curb the problem. He said that the people who would be using the facility were people who lived amongst them; they were neighbors, friends and family members and he questioned whether they should turn their backs on them or face their fears head on and do their part for society. Councilmember Archambault advised that he had come to the conclusion, particularly after the dialogue that took place this evening, that he believed it was time to "pull their heads out of the sand," face their responsibilities and demonstrate that in their Town they could take care of their own. Not so that they could be independent and isolated, but in order not to burden another community. He said that this represented a small step in the right direction and he supported the proposal. He added that they talked about safety and his big concern is that a big company would come in, buy the facility and utilize the heliport. He discussed complaints that would be received should helicopters be flying in and out of that facility every day. He said that the facility was once a medical facility, the heliport would go away, traffic was never an issue, there appeared to be no danger to the residents, the people who used the facility were their brothers and sisters and no reasonable case had been presented that would demonstrate a burden to the surrounding residential neighborhood. ,411) Councilmember Kehe commented on the fact that a number of speakers had discussed the fact that there might be problems in their own community and therefore the facility would serve the Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 14 of 16 community. He also discussed the fees and noted that a 21-day stay would cost a minimum of$8,400 ‘ie, and a maximum of $23,000. He said what if they did have someone in the community that was not indigent, came from a hard-working family but could not afford this type of treatment—would they be taking care of them? In order to approve this permit, they as a Council must find that the establishment, maintenance or operation of the use or building applied for would not be detrimental to the public health, safety, peace, comfort and general welfare of the persons residing or working in the neighborhood. He added that he did not believe they had heard anything this evening that eliminated that concern and therefore he would not support the motion for approval; he was going to go with the people who live in the neighborhood. Councilmember Schlum advised that the conclusion he had reached was that they had commercial zoning that needed a Special Use Permit for the service operation. The commercial area was 100% surrounded by residential use today. It was at one point probably almost primarily commercial. The property owners demonstrated in numerous ways their concerns along the lines of the threshold that the Mayor and Councilmember Kehe alluded to that they needed to base their decision on. The patients were certainly undergoing personal struggles and should be commended for admitting themselves in order to seek help but they were in a state of mind that concerned the neighbors and he was not comfortable with this setting. The facility did not appear to be an appropriate fit for this location, given what Councilmember Leger had spoken to. It really was about location, not about a lack of need for a facility to handle this need. He stated that he would not support the motion. Vice Mayor McMahan said that he would support the issuance of a Special Use Permit. He believed that the people had the right commercial zoning, they received Planning and Zoning approval, it would be a positive economic benefit to the community and it was needed. He further stated that from what he had heard and read, this would be a class operation with a highly professional staff and procedures. They would serve upscale patients and if they enhanced the facility with security patrols, he believed that the neighborhood would be safe. The facility would be closed and he would encourage them if approval were granted to communicate every step of the way and try to cooperate as much as possible r lbw with the homeowners in the neighborhood to allay their fears and concerns. Mayor Nichols called for a vote on the main motion. A roll call vote was taken with the following results: Councilmember Kehe Nay Councilmember Dickey Aye Councilmember Schlum Nay Vice Mayor McMahan Aye Mayor Nichols Nay Councilmember Leger Nay Councilmember Archambault Aye The motion FAILED for lack of a majority vote (3-4). Mayor Nichols stated that there were no winners or losers in this situation. The applicants had a good idea but the location was not appropriate. AGENDA ITEM#7 - SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER None. AGENDA ITEM #8 — COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ‘40., 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 FURTHE RESEARCH AND REPORT BACK TO THE COUNCIL. Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 15 of 16 A. NONE. AGENDA ITEM#12—ADJOURNMENT Councilmember Schlum MOVED to adjourn the Council meeting and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY (7 to 0). The meeting adjourned at 8:52 p.m. TOWN OF FO ' TAIN HI LS ilk By A 17t .._..LO ally I ichols, Mayor ATTEST AND PREPARED BY: /6 Bevelyn J. en r, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive/Regular Session held by the Town Council of Fountain Hills on the 1st day of March, 2007. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of March, 2007. Bevelyn J. nde , Town Clerk Z:\Council Packets\2007\R3-15-07\03-01.07 minutes.doc Page 16 of 16