HomeMy WebLinkAbout2007.0920.TCREM.Minutes DRAFT
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 20,2007
AGENDA ITEM#1—ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION
Mayor Nichols called the meeting to order at 5:05 p.m.
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 (5:35 p.m.), Town Clerk Bev Bender, Director of Planning and Zoning Richard Turner, Julie
Ghetti (5:35 p.m.) Senior Planner Bob Rodgers and Steve Newmark (5:35 p.m.) were also present (as shown,
some attendees were only present for a portion of the meeting).
VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO (i) §38-431.03(A)(1),FOR DISCUSSION
OR EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL,
SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, OR EMPLOYEE, WHO
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, FOR THE PURPOSE OF INTERVIEWING ONE PLANNING
AND ZONING COMMISSION APPLICANT AND DISCUSSING POSSIBLE APPOINTMENTS TO FILL
THE CURRENT VACANCIES); (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, LAND USE REGULATIONS RELATING TO NEGATIVE
SECONDARY EFFECTS); AND (iii) PURSUANT TO X38-431.03(A)(4), FOR DISCUSSION OR
CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER
ITS POSITION AND INSTRUCT ITS ATORNEYS 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, (i)A POSSIBLE LICENSE AGREEMENT
WITH MCO, (ii) A POSSIBLE UPDATE REGARDING A POTENTIAL DOWNTOWN DEVELOPMENT
CONTRACT AND(iii) THE FIREROCK TAX LITIGATION.)
Vice Mayor McMahan MOVED to convene the Executive Session and Councilmember Schlum SECONDED
the motion, which CARRIED UNANIMOUSLY(7-0).
Councilmember Archambault MOVED to recess the Executive Session and Councilmember Leger
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The Executive Session recessed at 6:25
p.m.
RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Nichols called the meeting to order at 6:30 p.m.
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• INVOCATION—Deacon Richard Smith,Church of the Ascension
• ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: „vs)
Mayor Nichols, Councilmember Kehe, Councilmember Leger, Vice Mayor McMahan,
Councilmember Schlum, Councilmember Archambault and Councilmember Dickey. Town Attorney
Andrew McGuire,Town Manager Tim Pickering and Town Clerk Bev Bender were also present.
• MAYOR'S REPORT
i) The Mayor will read a Proclamation declaring October McDowell Mountain Month.
Mayor Nichols stated that the preservation of the McDowell Mountains and the Sonoran Desert had
been established as a high priority for the Town of Fountain Hills and its citizens and it was the desire
of the Town to celebrate the uniqueness of its new Preserve. He added that it was also the intent of the
Town to raise awareness regarding the need to preserve these valuable treasures for future generations.
Mayor Nichols said that it was his honor to declare the month of October 2007 as "McDowell
Mountain Month" in Fountain Hills and called upon all citizens to take a moment during the month to
appreciate the beauty of this community treasure.
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A progress report by the Strategic Planning Advisory Commission and a representative from T.L.
Hockings and Associates on revenue shortfall options.
Town Manager Tim Pickering stated that one of the Council's goals for this year was to look at the Town's
revenue enhancement position in an effort to solve the Town's long-term revenue problems. He noted that
construction was a major part of the Town's revenue and said that the Town's Strategic Planning Advisory
Commission (SPAC) had undertaken this project along with a company they hired, T.L. Hocking and
Associates. He added that this evening the Council would hear the results of the analysis they had prepared.
Jerry Butler, Chairman of the Strategic Planning Advisory Commission's Subcommittee, addressed the
Council and stated that according to the agenda, the presentation this evening would be two part; a progress
report by the SPAC Subcommittee and an update from representatives of T.L. Hocking and Associates
relative to the revenue shortfall issues. He noted that in December of 2005, the Council adopted six
Strategic Priorities, one of which was to address the Town's finances. He said that this evening they would
focus on that one element. In December 2006, SPAC presented recommendations to the Council on how to
approach this subject and the concept was approved earlier this year at the Council's Retreat. In March and
April, the framework for the revenue solutions program was initiated and they began contacting citizens.
They also hired another consultant, Image Weavers,to help with the communications process that was going
to be so important this year. On May 8th they held their first meeting with 11 citizen volunteers to review all
of the available data and they quickly concluded that outside help was needed and that was where the
Hocking organization came into play. Over the summer they had immersed themselves in all sorts of
financial data, past present and future, and next Monday four potential revenue options would be presented
to the focus group that would take it to the next step. Mr. Butler introduced Tom Hocking to the members
of the Council and provided a brief overview of the highlights of Mr. Hocking's presentation. (A complete
copy of the presentation is on file in the office of the Town Clerk.)
Mr. Hocking,President of T.L. Hocking and Associates, addressed the members of the Council and said that
the process they had been involved in required a lot of analytical work and commended the members of the
SPAC for the excellent work they had done to date in an effort to achieve the Council's goal and meet the
December 2007 deadline. He indicated his intention to outline the highlights of the extensive report that had
been prepared for the Council's review and consideration. He noted that the background information they
began with was the framework that SPAC had already been working on and this data showed that the
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strategic planning process identified future growth limitations within the Town's corporate limits. As the
Town approached build-out, it presented some very interesting challenges with respect to resources that can
cie
be derived. The long-term financial analysis shows that probably within the next decade there could
possibly be future budget deficits and they reviewed the work that was done by staff in this area and
concurred with their findings.
Mr. Hocking added that the purpose of the report was to take all of that information and structure it in a
manner whereby they could determine how revenues could be enhanced in the future to address those
limitations. In completing the analysis, they looked at various issues and challenges and compared Fountain
Hills to other Arizona cities and towns as well as cities and towns across the country that had similar
characteristics. In Arizona, they compared the Town to Cave Creek, Chandler, Litchfield Park and Paradise
Valley. The regional cities they looked at were Prairie Village, Kansas; Pleasant Hills, California and San
Juan Capistrano. They also looked at factors affecting revenues and expenditures (current and long term)
and analyzed new supplemental revenues that could be created as a result of the analysis. They also looked
at whether the Town could develop some flexibility and the capacity to respond to a changing economic
base in order to generate additional revenue.
Mr. Hocking noted that some of the characteristics that affected the study include the following:
• The Town was landlocked;
• It was primarily a bedroom community
• It had a small commercial base
• There was a limited amount of commercial land available that can be developed
• Revenues were primarily dependent on sales taxes
• The current sales tax base was reliant on one-time revenue sources
Loy Discussion ensued relative to gross sales tax and net sales tax revenue per capita; intergovernmental revenues to
general fund revenues; total property tax per capita; full cash value per capita; percent of property classification
to total full cash value(2006); General Fund expenditures per capita; employees per capita;un reserved General
Fund balances to General Fund revenues and General Obligation debt per capita.
Mr. Hocking provided a brief summary of the analysis and noted the following:
• Per capita sales tax collections were significantly lower than comparable cities;
• Construction sales tax represented one-third of the sales tax base;
• State-shared revenues represented one-third of the General Fund's revenues;
• Full cash valuation per capita were significantly higher than comparable Arizona cities;
• The Town of Fountain Hills lacked a commercial retail base
• General Fund expenditures per capita were lower than comparable Arizona cities
• The Town's Unreserved General Fund balance was significantly lower than comparable Arizona
cities; and
• General Obligation debt per capita was declining and less than comparable Arizona cities.
Mr. Hocking informed the Council that from all of the data analyzed, the following major conclusions had been
reached:
• There was a need to develop a commercial retail base;
• The revenue base was too dependent on economically sensitive resources;
• A need existed to develop reliable and stable revenue sources; and
• The Town's fund balances might not be adequate to meet changing revenue structure.
Mayor Nichols thanked Mr. Hocking for his presentation.
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Councilmember Dickey requested a clarification relative to the difference between the gross sales tax revenue
per capita and the net sales tax revenue per capita and Mr. Hocking explained that each city they looked at had a
different sales tax rate and so when they looked at just gross sales tax, they had to realize that if the same
spending was occurring, obviously the community with the higher tax rate would produce more revenue. He
added that they tried to compare "apples to apples" and put everyone at the same tax rate and compared it on a
per 1% basis across the board to come up with a more accurate reflection of sales tax receipts.
Councilmember Archambault commented that the report was very thorough and said that he reviewed it
thoroughly. He said that one of the things that he was concerned with was the fact that they were comparing
themselves to cities and wondered if any consideration was given to the fact that the Town had a separate
sanitary district. He asked if those tax rates were added in to their per capita tax rate to balance with the cities
that have their own treatment/sanitary system. He added that they did not have their own water company and
some of the others did have one and some did not and he wanted to know if the cities were specifically picked to
try and balance that against Fountain Hills. He asked whether these factors were taken into consideration when
they developed the charts.
Mr. Hocking responded that one of the issues that they had to deal with when selecting cities to compare the
Town to was "what cities in general had the overall characteristics that Fountain Hills did?" He stated that the
primary characteristic was approaching build-out. He advised that they did not take out of the debt schedule
those communities that either did or did not have utilities that the Town did not have. They looked at total
outstanding General Obligation debt versus debt rate.
Councilmember Archambault commented that the General Fund expenditures per capita would have changed
somewhat had they taken the cost of the sanitary plant into consideration,although not significantly.
Mr. Hocking said that of the cities analyzed, Litchfield Park and Paradise Valley are the most comparable with
respect to the level and types of services that were provided. He added that contracting for services saved a
significant amount of money as opposed to doing it yourself. 110
Mr. Pickering noted that when looking at the General Fund, all of the utilities (sewer, garbage and water) would
not be included in the analysis because they were typically separate enterprise funds. In looking at the
comparisons, they were in a sense not including some of the utilities.
Mr. Hocking responded that they were typically called enterprise funds and had separate rates and charges that
were assessed against the service. He added that enterprise funds were typically run like a business and had to
generate their own revenues to pay for that service.
Councilmember Leger thanked Mr. Hocking for the thorough report he prepared and said that on two or three
separate occasions during the presentation Mr. Hocking had mentioned the small amount of commercial
property in the Town and the importance of developing it wisely. He requested that Mr. Hocking expand upon
how to wisely develop that land.
Mr. Hocking replied that when they looked at the remaining land to be developed, given the fact that the Town
was approaching build-out and the primary revenue source in the General Fund was sales taxes, in order for the
Town to derive more sales taxes they must be able to develop what remaining land they had to maximize the
sales tax that could be generated. He added that whatever they had left should maximize, to the extent possible,
the amount of sales tax that could be generated by those properties. He stated the opinion that mixed use retail
was a much wiser use of the property than residential that might be mixed in with retail because rooftops do not
generate sales taxes. He said that they could have a mix of residential within a commercial development but
their recommendation would be that that be at a minimum.
Mr. Butler readdressed the members of the Council and said that the Hocking report would be valuable to the
community as well as the community focus group, which was the next step in the process. He said he would
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like to briefly go through the remaining steps for this year and introduce another citizen volunteer who had
agreed to chair the community focus group. Mr. Butler introduced Mr. Dick Bower to the Council and stated
(kw that he was a 15-year resident of Fountain Hills and would head up a 20-citizen volunteer group that would
select one revenue package that they believed best fulfills the Town's financial needs. Over the next three
months, an extensive communications program would be implemented that includes presentations to the various
clubs and organizations within the Town as well as news articles. He added that they would return to the
Council on October 18th and present their recommendation to the Council. They will then take it to the public
and conduct public forums and hire a final consultant who would conduct a community survey to determine the
public's acceptance of the proposed revenue package. They would then return to the Council on December 20th
with a final recommendation and implementation program, just a few days prior to the deadline set by the
Council.
Mayor Nichols expressed appreciation to Mr. Butler,Mr. Hocking and Mr. Bower.
Vice Mayor McMahan asked whether the recommendations would be ready to go before the voters in the 2008
election and Mr. Butler responded that that was the group's objective at the current time. He added that if there
was acceptance on the part of the Council and the community, they would be able to move forward and place
the issue on the ballot of the 2008 election.
Councilmember Leger clarified that it was very possible that the recommendations might not include the need to
go to the polls and Mr. Hocking concurred with this statement.
Mayor Nichols thanked Councilmember Leger for the clarification.
• CALL TO THE PUBLIC
Town Clerk Bev Bender advised that one citizen had submitted a Request to Speak card.
Sharon Morgan, 15084 E. Mustang Drive, a former Mayor of the Town and current concerned citizen,addressed
the Council relative to an e-mail that the Council received yesterday from Mr. Nielsen relative to the Town
Square project. She referred to the four names contained in the e-mail, Patrick Grady, a former economic
developer for Phoenix and Columbus, Ohio; Greg Marek, a former economic developer and Director of Mesa
and Glendale; Amy Malloy, a Westcor developer and Randy Leven of Suncor. She said that she would consider
these four individuals to be experts in economic development. She added that when they were contacted by Mr.
Nielsen, there was one common response received from them and that was that if they were given the
restrictions and the questions that the Town Square developer and associates had been asked, there probably
would be no malls or shopping centers in the Valley of the Sun. She strongly urged the Council to contact those
individuals and find out how they would approach a developer coming into Town to do a commercial
development. She said that she received an e-mail in response to hers from one of the Councilmembers who
said that if a movie company was that interested in coming to Town, they would do their homework and be
ready to go. She added that she had in her possession this evening the theater lease that was waiting to be
signed once land was identified to build it on. Ms. Morgan gave the Town Clerk the document and asked the
Council not to give up on this project yet.
Mayor Nichols thanked Mayor Morgan for her comments.
Councilmember Dickey asked whether Ms. Malloy was the same person who had spoken at a previous Council
Work Study Session and was told that she was. Councilmember Dickey recalled that Ms. Malloy commented at
that time that tenants were the driving force behind shopping developments and they would decide where they
want to be; it was not a"if you build it they will come" scenario.
Mayor Nichols stated that the Town did not have all of the facts yet from the developer and that is what they
were trying to obtain. He added that there are a lot of holes in the information that had been provided to date.
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He said that the Council was charged with being good stewards of the citizens' money and therefore if they were
going to give someone an incentive to build in Town, they must make sure that the citizens would get a return
on the incentive. He emphasized that they had not given up on the project but first they must make sure that
there was a good return on investment. He advised that the Council would meet again in an Executive Session
this evening to further discuss this issue.
Councilmember Dickey again referred to the Work Study Session and noted that the Greater Phoenix Economic
Council (GPEC) was also in attendance and they had said that the focus should be on bringing in businesses to
establish an employment base. They stated at that time that if Fountain Hills was able to attract some businesses
to help expand its population base, that in turn would help create successful retail. She noted that it was not just
retail; it was a mixture of getting the actual bodies into the retail. There were a lot of pieces to the puzzles and a
lot of experts who knew how to be successful in this. She added that that was why they needed to take their
time with this.
There were no additional citizens wishing to speak at this time.
CONSENT AGENDA:
AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING
MINUTES FROM SEPTEMBER 6, 11 AND 13,2007.
AGENDA ITEM #2 — CONSIDERATION FOR APPROVAL OF RESOLUTION 2007-50,
ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN
PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE SOUTHERLY (REAR) AND
EASTERLY PROPERTY LINES OF PLAT 506C, BLOCK 1, LOT 43 (14845 EAST CERRO ALTO
DRIVE) AS RECORDED IN BOOK 159 OF MAPS, PAGE 31, RECORDS OF MARICOPA COUNTY,
ARIZONA. EA07-20.
AGENDA ITEM #3 — CONSIDERATION FOR APPROVAL OF RESOLUTION 2007-54,
ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN
PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHEASTERLY
PROPERTY LINE OF PLAT 213, BLOCK 1, LOT 26 (15019 N. BRISTOL BAY) AS RECORDED IN
BOOK 155 OF MAPS, PAGE 24, RECORDS OF MARICOPA COUNTY, ARIZONA. EA07-21
(ALMEIDA).
AGENDA ITEM #4 — CONSIDERATION OF APPROVING THE PROFESSIONAL SERVICES
AGREEMENT FOR THE 2007 HOLIDAY LIGHTING AND GROUND DISPLAYS WITH
CHRISTMAS LIGHT DECORATORS IN THE AMOUNT OF$28,873.75.
AGENDA ITEM #5 — CONSIDERATION OF APPROVING A PURCHASE AGREEMENT WITH
BINGHAM EQUIPMENT COMPANY FOR A TRACTOR IN THE AMOUNT OF$27,199.30.
AGENDA ITEM #6 — CONSIDERATION OF APPROVING A CONTRACT WITH LVA URBAN
DESIGN STUDIO, L.L.C. IN THE AMOUNT OF $92,496.15 TO UPDATE THE TOWN OF
FOUNTAIN HILLS GENERAL PLAN 2002.
Vice Mayor McMahan MOVED to approve the Consent Agenda items as listed and Councilmember
Archambault SECONDED the motion.
A roll call vote was taken with the following results:
Councilmember Dickey Aye
Mayor Nichols Aye
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Councilmember Leger Aye
Councilmember Schlum Aye
Councilmember Kehe Aye
Vice Mayor McMahan Aye
Councilmember Archambault Aye
The motion CARRIED UNANIMOUSLY(7-0).
REGULAR AGENDA:
AGENDA ITEM#7— CONSIDERATION OF THE APPOINTMENT OF THREE (3) APPLICANTS TO
THE PLANNING AND ZONING COMMISSION.
Mayor Nichols stated that there were three openings on the Planning and Zoning Commission and they were
fortunate to receive five applications for those positions. He said that after much deliberation and consideration
the Council had made their selection, Cecil Yates, Clark Summerfield and Lloyd Pew and requested a motion at
this time.
Councilmember Schlum MOVED to appoint Cecil Yates, Clark Summerfield and Lloyd Pew to serve on the
Planning and Zoning Commission for a two-year term beginning September 30, 2007 and Vice Mayor
McMahan SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
Mayor Nichols asked the newly appointed members of the Planning and Zoning Commission to stand and be
acknowledged. He thanked them for their willingness to serve the Town of Fountain Hills.
AGENDA ITEM #8 — CONSIDERATION OF ACCEPTING A PIECE OF ART AS RECOMMENDED
BY THE FOUNTAIN HILLS CULTURAL COUNCIL FOR PLACEMENT IN THE COMMUNITY.
Director of Parks and Recreation Mark Mayer addressed the Council and said he was before them this evening
with a request from the Cultural Council for the potential acceptance of a public art piece (displayed on the
screen in the Chambers). He stated that this particular piece was titled "The Self Made Man" and was a bronze
sculpture with a value of$55,000. He added that the Cultural Council was requesting that this particular item be
placed adjacent to the Community Center entrance by the edge of the Library's covered parking. He noted that
the cost to the Town would include the installation of the pedestal base (approximately $2,000) and the annual
insurance premium ($236.50). He noted that Mayor Nichols and his wife, along with Jackie and Jerry Miles
were making the purchase and offering it to the Cultural Council who in turn was bringing it before the Council.
He said that staff recommends approval.
Councilmember Leger MOVED to accept a donated art piece as recommended by the Fountain Hills Cultural
Council for placement adjacent to the Community Center entrance and Councilmember Dickey SECONDED
the motion, which CARRIED UNANIMOUSLY(7-0).
Councilmember Leger, referring to the Mayor, said that he was truly a "Self Made Man" and thanked him and
his wife and Mr. &Mrs.Miles for their generous contribution to the Town.
Mayor Nichols commented that both he and Mr.Miles believed that the Town of Fountain Hills was fortunate to
have many"Self Made Men" and so they felt this piece was appropriate for the residents of Fountain Hills.
AGENDA ITEM #9 — CONSIDERATION FOR APPROVAL OF RESOLUTION 2007-51.
ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN A PORTION OF
THE CERTAIN PUBLIC UTILITY EASEMENT LOCATED AT THE SOUTHEASTERLY
PROPERTY LINE OF PLAT 212, BLOCK 1, LOT 18 (16529 E. GLENBROOK DRIVE) AS
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RECORDED IN BOOK 141 OF MAPS, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA.
EA07-19 (BEISHIR). „oil)
Town Engineer Randy Harrel addressed the Council and said that this item was a proposal to abandon the 10-
foot public utility and drainage easement of a rear property line of a lot located on Glenbrook Drive. He said
that this would have been considered a routine abandonment but staff received a letter in opposition to the
request. He advised that staff had added a stipulation, for a total of three, with respect to the letter(which dealt
with a building permit issue). He stated that the person who wrote the letter indicated that he would like to
speak to the Council regarding this issue and that was why the item was not on the Consent Agenda. He added
that the issue between this neighbor and the adjacent neighbor had to do with a fence connection and was really
more of a property line issue and had nothing to do with the abandonment. He noted that staff had agreed that
the matter be corrected prior to recording the abandonment.
Mayor Nichols called for a motion on this agenda item.
Councilmember Leger MOVED to approve Resolution 2007-51 subject to the three stipulations recommended
by staff and Councilmember Archambault SECONDED the motion.
Town Clerk Bev Bender advised that no one had submitted a speaker card. The Mayor said that he would
provide the author of the letter three minutes to address the Council.
Mark and Lynn Phelps, 15018 N. Rockway Lane, addressed the Council and said that the builder behind their
home crossed the property line by approximately one foot with a wrought iron fence without a letter of consent
from them. Mr. Phelps stated that they had tried talking with him about the situation but the neighbor refused to
deal with them or the Town. Mr. Phelps requested that the Council delay action on the abandonment issue until
the neighbor remove his fence from his property. He noted that the house in question was for sale and the owner
was a general contractor and their concern had to do with him utilizing their space in the future sale of his home.
Ms. Phelps commented that they approached the neighbor three or four times and even before he broke ground
he knew that there was a problem with the property line. She said that their efforts to resolve the situation only
resulted in anger on the part of the neighbor.
In response to a question from the Mayor, Mr. Harrel confirmed that the abandonment would not go through
until the neighbor corrected the situation. Mr. Phelps commented that he and his wife were satisfied with this
approach and thanked the Council and staff for their efforts to resolve the situation.
The motion CARRIED UNANIMOUSLY(7-0).
AGENDA ITEM#10—PUBLIC HEARING TO RECEIVE COMMENTS ON SPECIAL USE PERMITS
TO ALLOW"THE HUMAN BEAN,"LOCATED AT 17251 E.SHEA BOULEVARD,AKA PLAT 412B,
LOT 7B (KERN PLAZA) TO PROVIDE DRIVE-THRU WINDOWS AND HAVE EXTENDED HOURS
OF OPERATION. CASE#SU2007-12.
Mayor Nichols declared the public hearing open at 7:24 p.m.
Senior Planner Bob Rodgers addressed the Council relative to this agenda item. Mr. Rodgers stated that two
commercial buildings were being constructed at Kern Plaza. "The Human Bean" was a coffee vendor that
would be erecting a small building with two drive-up lanes and the second tenant did not yet have a tenant and
would be a"build to suit." He said that drive-thru windows and extended hours of operation (beginning at 5:00
a.m.) might only be allowed by Special Use Permit in this area. He added that the Council was being asked to
approve both Special Use Permits this evening. He noted that the property was located in a C-1 zoning district
and outlined the location of the site.
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Mr. Rodgers referred to a chart depicting the location of the drive-up Human Bean building and said that
primary vehicular access would be provided at the lighted Firerock Plaza and secondary access would be the
driveway entrance off of Shea Boulevard on the south side of the property. Pedestrian access was provided via
the existing sidewalk on Shea Boulevard as well as any sidewalk that would be a part of the building
development. The proposal required 17 parking spaces and the applicant was providing 32. The driveways and
the parking areas were already in existence. He noted that the plan showedl l-car stacking as required.
Mr. Rodgers noted that materials for both buildings would be primarily stucco and stone with copper accents
and added that the buildings had been designed to match the existing Kern Plaza building. "The Human Bean"
building would be 16-feet tall and 132-square feet in size. There would be a drive-up window on both sides of
the building. The second commercial building would be approximately 24-feet tall at the tower and 3,902
square feet in size. The Planning and Zoning Commission forwarded a recommendation of approval and staff
also recommends approval of the requested Special Use Permits, subject to listed stipulations.
Ms. Bender advised that there were no citizens wishing to speak on this agenda item.
Mayor Nichols declared the public hearing closed at 7:27 p.m.
AGENDA ITEM #11 — CONSIDERATION OF SPECIAL USE PERMITS TO ALLOW "THE HUMAN
BEAN,"LOCATED AT 17251 E.SHEA BOULEVARD,AKA PLAT 412B,LOT 7B (KERN PLAZA) TO
PROVIDE DRIVE-THRU WINDOWS AND HAVE EXTENDED HOURS OF OPERATION. CASE
#SU2007-12.
Vice Mayor McMahan MOVED to approve the Special Use Permits and Councilmember Dickey SECONDED
the motion.
Councilmember Schlum noted that the business did not intend to use speakers but asked whether headlights
facing residential neighborhoods would result in a negative impact. Mr. Rodgers responded that there would not
be any new impacts created as a result of the proposal.
In response to a comment by Councilmember Kehe, Mr. Rodgers commented that the proposal contains a
landscaping plan that would mitigate the impact.
In response to a question from Mr. Pickering, Mr. Harrel advised that the Town currently had a bond on a traffic
signal at Kern Plaza. He said that the last time they discussed this issue, they did not meet traffic signal
warrants but staff anticipated that with the construction of Firerock Plaza they may meet traffic signal warrants.
He added that the proposed stipulations allow the traffic signal to be installed with this construction or when
traffic warrants are met and they are directed to do so. Mr. Pickering stated that it will probably occur after the
other development takes place.
Councilmember Schlum asked what was happening on the Coffee Plantation project and Mr. Rodgers reported
that the last he had heard, the deal has fallen through and the business may not come forward. He added that a
different restaurant that wants a drive-thru may ultimately use that space.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #12 —DISCUSSION OF AMENDING THE COUNCIL RULES OF PROCEDURE TO
ESTABLISH A METHOD BY WHICH A SUBCOMMITTEE OF THE COUNCIL WILL REVIEW
THE APPLICATIONS AND INTERVIEW THOSE APPLICANTS FOR VACANCIES ON BOARDS
AND COMMISSIONS FOR THE COUNCIL'S CONSIDERATION OF APPOINTMENT.
Town Attorney Andrew McGuire addressed the Council relative to this agenda item and said that some of them
might recall that when they discussed the Rules of Procedure different options for interviewing/appointing
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members of all of the Boards and Commissions were discussed. He stated that at that time the Council's
decision was that the full body of the Council wanted to interview all of the applicants. He added that now
having witnessed a few years of this in action, the number of vacancies that had come before them and watching
the Council become more and more burdened with the interviews, staff thought it would be a good time to once
again bring up the question to determine whether the Council would like any new information on this issue. He
commented that this was a process that he had witnessed other Councils "morph" into a subcommittee process
so that the full Council did not have to be involved every time an interview takes place. He emphasized that this
was only being brought up for discussion purposes and to determine whether there was any "change of heart"
regarding the current process or whether the Council would like to process to remain unchanged. He advised
that typically the subcommittee was composed of three members of the Council who represent all of the diverse
interests of the Council. The members reviewed applications, interview candidates and then forwarded their
recommendations on to the full Council. The entire Council would still make the final decision. In some
communities, the members of the subcommittee provide written details regarding the interview process and this
allowed the entire Council to obtain some insight into the process without having all members participate.
Councilmember Schlum commented that staff did a good job of preparing the Council and expressed the opinion
that the Council had been expeditious in getting through the interviews. He said he believed the process that
was currently in place was a good one and he did not feel overburdened by his participation. He stated support
for allowing the current process to remain unchanged.
Councilmember Dickey concurred with Councilmember Schlum's remarks and added that sometimes when they
were in Executive Sessions that was what they were doing because that is one of the duties associated with
Executive Sessions. She too said that she supported allowing the process to remain as is.
Mr. McGuire noted that the vast majority of the Council's Executive Sessions were for interviews.
Mayor Nichols commented that it appeared that the Council would like the process to remain unchanged and
Mr. McGuire thanked the Council for their input. He said that Ms. Bender would continue to contact the
members of the Council relative to future appointments.
AGENDA ITEM#13—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER.
Mayor Nichols directed staff to follow through on the issue of the fence as outlined under Agenda Item#9.
AGENDA ITEM#14—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) DIRECTING STAFF TO CONDUCT FURTHER
RESEARCH AND REPORT BACK TO THE COUNCIL:
Councilmember Dickey brought up an issue that the Council discussed in May an item that was going to be
brought up in June but was extended, namely the access to the Preserve. She said she would like to know the
possibility of seeing this issue on a future agenda. She added that she would also like the "Rinse Smart"
Memorandum of Understanding.
Mayor Nichols noted that requests such as this should be brought up prior to the distribution of the current
agenda rather than during the meeting.
Councilmember Dickey advised that she had asked what the proper protocol was and was told it was appropriate
to proceed in this manner.
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Mr. McGuire stated that the question was posed earlier on and staff indicated that the points raised by
Councilmember Dickey are not exactly discussion items; they are just a follow up on previous discussion items
for timing issues.
Councilmember Dickey said that she was told no discussion should take place but it was appropriate to ask the
status of the items (for future agendas) because they were supposed to be on agendas in the past.
Mr. McGuire stated that the question was "we expected to see these items on a future agenda and why haven't
they come back?" He advised that the Rinse Smart issue would hopefully be before the Council at the first
meeting in October. He added that all comments and concerns relative to the License Agreement had been
discussed and MCO now had it in their hands. As soon as it comes back from MCO with an indication that they
wanted to move forward staff would place it on an agenda.
Councilmember Kehe asked what would happen if the builder who placed the fence on his neighbor's property
line (Agenda Item#9) decided to let the abandonment "be forgotten." He asked what the Town's participation,
if any, would be in what appeared to be one private individual versus another.
Mr. McGuire responded that the Town would not record the abandonment until the condition was met. If the
condition was never met, the resolution would "hang out there" indefinitely until such time as staff came back
before the Council and said that they needed to repeal the resolution because the conditions had not been met.
He added that the private property dispute between the property owners was completely out of the Town's
hands.
AGENDA ITEM#15—ADJOURNMENT.
Councilmember Archambault MOVED to adjourn the Regular Council Session at 7:43 p.m. and
Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY(7-0).
(The Council then reconvened the recessed Executive Session at 7:50 p.m.) The following were present: Mayor
Nichols, Councilmember Kehe, Councilmember Leger, Vice Mayor McMahan, Councilmember Schlum,
Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager
Tim Pickering, Assistant to the Town Manager Kate Zanon, Town Clerk Bev Bender, Director of Planning and
Zoning Richard Turner and Senior Planner Bob Rodgers (7:50 p.m.), Director of Parks and Recreation Mark
Mayer (8:10 p.m.),were also present(as shown, some attendees were only present for a portion of the meeting).
Councilmember Dickey MOVED to adjourn the Executive Session at 10:05 p.m. and Vice Mayor McMahan
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
L
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TOWN OF FOUNTA HILLS
By •
ally N hols, ayor
ATTEST AND
PREPARED BY:
4111d
Bevelyn J. B der own Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and
Executive Session held by the Town Council of Fountain Hills on the 20th day of September 2007. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 4th day of October 2007.
Bevelyn J. B der, own Clerk
J
j
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