HomeMy WebLinkAbout2007.1115.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
November 15,2007
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Nichols called the meeting to order at 6:30 p.m.
INVOCATION—Reverend David Felton,The Fountains, a United Methodist Church.
ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Mayor
Nichols, Councilmember Kehe, Councilmember Leger, Councilmember McMahan, Councilmember Schlum,
Councilmember Archambault and Vice Mayor Dickey. Town Attorney Andrew McGuire, Town Manager Tim
Pickering, and Town Clerk Bev Bender were also present.
MAYOR'S REPORT
None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
None.
CALL TO THE PUBLIC
Lie None.
CONSENT AGENDA
AGENDA ITEM #1 —CONSIDERATION OF APPROVING THE TOWN COUNCIL
MEETING MINUTES OF NOVEMBER 1,2007.
AGENDA ITEM #2— CONSIDERATION OF APPROVING THE LIQUOR LICENSE APPLICATION
FOR JORDAN BURGLIN (PARTNERSHIP — JORDAN AND JOE BURGLIN, DBA CASAVINO
CUSTOM WINERY) LOCATED AT 12005 N. SAGUARO BOULEVARD, SUITE 101, FOUNTAIN
HILLS,AZ. THIS IS FOR A SERIES 13 DOMESTIC FARM WINERY LICENSE.
AGENDA ITEM #3 — CONSIDERATION FOR APPROVAL OF RESOLUTION 2007-59.
ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN
PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE WESTERLY AND
NORTHEASTERLY PROPERTY LINES OF PLAT 204, BLOCK 3, LOT 12 (11612 N. QUINTO
DRIVE) AS RECORDED IN BOOK 142 OF MAPS, PAGE 10, RECORDS OF MARICOPA COUNTY,
ARIZONA. EA07-23(ANDERSON).
AGENDA ITEM #4 — CONSIDERATION FOR APPROVAL OF RESOLUTION 2007-60,
ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN
PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE SOUTHEASTERLY
PROPERTY LINE OF PLAT 213,BLOCK 3, 16633 E. GLENBROOK BOULEVARD) AS RECORDED
IN BOOK 155 OF MAPS, PAGE 24, RECORDS OF MARICOPA COUNTY, ARIZONA. EA07-28
(HALL).
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AGENDA ITEM #5 — CONSIDERATION OF APPROVING A PURCHASE AGREEMENT WITH
WORLD WIDE TECHNOLOGY,INC.FOR THE PURCHASE OF SURVEILLANCE CAMERAS FOR
GOLDEN EAGLE PARK UNDER STATE CONTRACT IN THE AMOUNT OF$24,967.21.
Councilmember Schlum MOVED to approve the Consent Agenda as listed and Councilmember Leger
SECONDED the motion.
A roll call vote was taken with the following results:
Councilmember Kehe Aye
Councilmember Schlum Aye
Councilmember Leger Aye
Vice Mayor Dickey, Aye
Councilmember McMahan Aye
Mayor Nichols Aye
Councilmember Archambault Aye
The motion CARRIED UNANIMOUSLY(7-0).
ACTION AGENDA
AGENDA ITEM #6 — CONSIDERATION OF APPOINTING CITIZENS TO SERVE ON THE
COMMUNITY CENTER ADVISORY BOARD.
Mayor Nichols MOVED to appoint Bill Muehlhauser, Jackie Miles and Grace Jakubs to serve on the
Community Center Advisory Board and Councilmember McMahan SECONDED the motion, which
CARRIED UNANIMOUSLY(7-0).
AGENDA ITEM #7 — CONSIDERATION OF PURCHASING A PIECE OF ART FROM CRAIG „via)
BERGSGAARD STUDIOS ($70,000) INCLUDING THE COST OF INSTALLATION ($30,000)
TOTALING$100,000.
Director of Public Works Tom Ward addressed the Council relative to this agenda item. Mr. Ward stated that
the Council previously approved an expenditure of$100,000 to have an art sculpture and water feature design
for the northwest corner of the Town Hall property. Since that time, the Fountain Hills Cultural Council and the
Town received a proposal from Craig Bergsgaard Studios to render, cast and deliver a life-sized horse with
western tack and his rendered casting titled, "Coolin' the Dogs." The artist would also provide the mountain
templates for both pieces of artwork.
This artwork had been recommended by Fountain Hills Cultural Council past President Jerry Miles and was
selected when he and Mayor Nichols visited the Loveland Art Show in Colorado. The horse was to have the
brand of the P-Bar Ranch, the original site of Fountain Hills. Other related expenses beyond the cost of the
initial artwork($70,000)involve a waterline and filter,concrete water feature base and landscaping, estimated at
$30,000. Delivery and installation was to be complete by June 30, 2008. Staff recommended approval of this
budgeted expense. Mr. Ward explained that Mr. Bergsgaard was in Colorado and was unable to attend the
meeting but indicated his willingness to respond to questions from the Council.
Councilmember Archambault MOVED to approve purchase of the art and Councilmember Kehe SECONDED
the motion.
In response to a question from Councilmember Schlum, Mr. Ward explained that the contract was for $70,000
that included the horse and the art piece itself, which would sit right next to the horse. He added that the Town
would construct the concrete structure for the base. He said that there would not be any additional costs above ,441)
the$100,000 amount.
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Councilmember Kehe said that two years ago, the Town Manager asked him, Councilmember Archambault and
Councilmember McMahan to recommend a concept for a piece of art (water feature) to be located at the corner
of La Montana and Avenue of the Fountains. He said that location would eventually be the "centerpiece of the
entire Town. He added that the piece of art was special and appropriate for that particular location. He said that
the three of them concluded that since the land that the Town was founded on was originally the P-Bar Ranch,
that as an expression of the heritage of the community, it was appropriate to have a western theme. He stated
his support this proposal.
The motion CARRIED UNANIMOUSLY (7-0).
Councilmember Kehe said that he would like staff to work with the artist to see if they could have the artwork
completely installed by May 15, 2008, during the current Council's term. Mr.Ward indicated his intent to speak
with the artist in an effort to meet the proposed deadline'and would report back to the Council on his findings.
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 relative to this agenda item and
stated that some time ago the Council approved a Public Art Master Plan and noted that the sculpture
under consideration this evening was another piece of art that would be potentially donated under that
particular program. He noted that the piece was 44" tall and valued at $13,000. It was being donated
by residents Tom and Tina Duffy. The Cultural Council was requesting that the piece be placed near
the Community Center with the site to be determined by staff and the Cultural Council. He added that
there was a cost to the Town to install the sculpture of approximately $2,000 and the annual insurance
premium for the piece of$55.90. Mr. Mayer advised that staff recommended acceptance of the piece.
(60
Councilmember Archambault MOVED to accept the piece of art and Councilmember McMahan
SECONDED the motion.
In response to a question from Councilmember Archambault, Mr. Mayer advised that the Town had
additional places that had been designated as potential locations within the courtyard for future art
pieces. Staff had also spent time with representatives of the Cultural Council to identify other potential
sites in Fountain Park. He said that ample opportunities existed for the placement of art, not only in
the courtyard but also at Fountain Park and perhaps at other public locations throughout Town.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #9 — CONSIDERATION OF ACCEPTING A GROWING SMARTER
GRANT FROM THE ARIZONA DEPARTMENT OF COMMERCE IN THE AMOUNT OF
$10,000 FOR THE UPDATE OF THE GENERAL PLAN.
Director of Planning and Zoning Richard Turner addressed the Council relative to this agenda item and
stated that staff applied for a grant to provide some outside funding for the update of the Fountain Hills
General Plan. The grant that they applied for was a Growing Smarter Grant sponsored and provided
by the Arizona Department of Commerce. A total of$80,000 was available to assist communities in
meeting State mandated planning requirements in the Growing Smarter/Growing Smarter Plus laws.
The maximum award for any one community was $10,000, which was the amount that the Town had
cie been awarded.
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Mr. Turner informed the Council that the grant funding would assist in the update of the General Plan,
which was necessary to keep the Plan a relevant guide for citizens and developers alike. The Plan was
the key guidance document in the evaluation of zoning changes. For the General Plan to continue to „vi)
be a meaningful and relevant tool, it must be kept current. He discussed staff's plans to bring back to
the Council a final draft for adoption in the fall of next year and recommended acceptance of the grant.
Councilmember Leger MOVED to accept the grant and Councilmember McMahan SECONDED the
motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM#10— CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT
WITH OLSSON ASSOCIATES IN THE AMOUNT OF $144,168 FOR CONSTRUCTION
ADMINISTRATION SERVICES FOR THE DESERT VISTA NEIGHBORHOOD PARK
IMPROVEMENTS.
Recreation Supervisor Bryan Hughes addressed the Council relative to this agenda item. Mr. Hughes
said that staff began a relationship with the firm of Olsson Associates almost two years ago when they
were selected to update the Town's Master Plan for the Desert Vista Neighborhood Park
Improvements. He said they were now asking for their assistance with construction administration
services as they move forward with the actual construction. He briefly described their role and said
that they would serve as an advisor to the submittals that come through to ensure that the Town was
receiving everything outlined in the construction documents and added that they would also conduct
site visits to make sure that everything was being done as drawn on the plans. He noted that the cost
($144,168) was approximately 6% of the total project cost and was average for what the Town had
been paying for these types of services. He said that staff recommended approval of the agreement.
Councilmember Schlum MOVED to approve the agreement and Councilmember Dickey
SECONDED the motion.
Councilmember Schlum said that he had been receiving quite a few questions from residents regarding
the lower area, down around the Dog Park, and the lighting. He requested an update on these issues.
Mr. Hughes responded that everything had been done by SRP and they were currently just waiting for
a meter to be installed.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #11 — CONSIDERATION OF A CONSTRUCTION MANAGER AT RISK
AGREEMENT WITH VALLEY RAIN CONSTRUCTION, INC., IN THE AMOUNT OF
$32,532.56 FOR PRE-CONSTRUCTION PHASE SERVICES RELATED TO
CONSTRUCTION OF DESERT VISTA NEIGHBORHOOD PARK IMPROVEMENTS.
Mr. Hughes also addressed the Council relative to this agenda item and explained that this was the first
of a two-part process for approval from the Council. He noted that they previously did a Construction
Manager at Risk (CM@R) process with the Fountain Park project that they were currently completing
and said that it had worked quite well for them at that location. He briefly explained the CM@R
process and said that under the terms of the agreement, Valley Rain would provide services to include
preparation of construction cost estimates, constructability reviews, value engineering support,
identification of construction items requiring long procurement lead times and preparation of a
guaranteed maximum price proposal. He added that the Town had the option to approve an
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amendment to the agreement for construction-phase services after negotiating a mutually acceptable
guaranteed maximum price.
Mr. Hughes said that the Desert Vista Neighborhood Park Project included a
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restroom/storage/concession building, athletic field lighting, area lighting, picnic and shade armadas,
parking improvements, connecting sidewalks and entryways, landscaping, irrigation and site amenities.
He noted that if the Council approved the agreement, pre-construction services would begin
immediately. It was anticipated that an amendment with a guaranteed maximum price for construction
would be presented to the Council for approval at the December 20, 2007 meeting and once the price
was approved the project planned to break ground in January 2008 and should be completed in October
2008.
Mr. Hughes advised that staff recommended approval of the agreement.
Councilmember McMahan MOVED to approve the agreement with Valley Rain and Councilmember
Archambault SECONDED the motion.
Additional discussion ensued relative to the scope of the work. In response to a question from
Councilmember Kehe, Mr. Mayer advised that the Town had seven years in which to spend the
development funds. He said that Finance Director Julie Ghetti had been working with him on this
issue and was tracking the funds brought in, what had been spent to date and when the potential
deadline would "kick in." He added that he would be distributing information on this matter in the
very near future.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #12 — CONSIDERATION OF RENEWING THE ANNUAL ASPHALT AND
CONCRETE REPAIR AND CONSTRUCTION CONTRACT — PW 2005-02, IN THE
AMOUNT OF $814,869.
Mr. Ward addressed the Council relative to this agenda item and briefly reviewed the staff report. He
advised that in August 2005, the Council awarded a contract for asphalt and concrete work to
Markham Contracting Co., Inc. The contract stipulated that it could be renewed for up to four
additional one-year periods with prices adjusted for inflation each year. The Town had an existing
annual contract with Markham Contracting Company that was renewed in Fiscal Year 06-07 for 2.5%.
At this time, Markham was requesting an overall average increase of 11% to their 06-07 contract. Mr.
Ward discussed increases in the cost of materials that had occurred and said that staff also contacted
other municipalities and compared pricing on their existing contracts. Staff determined that
Markham's request was in line with those of other municipalities. He added that documentation had
been provided that indicated a 10.2% increase in Markham's labor cost.
Mr. Ward stated that the amendment and price increases were reviewed with the Town Attorney and
found to be in accordance with the terms of the Professional Services Agreement dated August 18,
2005 with Markham Contracting Co. He noted that as the second renewal year had now expired, and
due to the fact that staff had been satisfied with the contractor's performance, staff was recommending
renewal of the contract for a third year with two operational clarifications: (1) Adding a line item to
vary curb quantities for vertical and roll curb; and (2) Providing a line item allowance in the amount of
Viw $5,000 for Traffic Control. Staff and the contractor were in agreement with the above listed
operational changes and staff recommended approval of the contract renewal.
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Councilmember Schlum MOVED to approve a one-year renewal of the annual asphalt and concrete
repair and construction contract with Markham Contracting Co., Inc. in the amount of $814,869 and
Councilmember Archambault SECONDED the motion.
Councilmember Schlum asked when it would be appropriate to go out for another bid and Mr. Ward
replied that staff had discussed this and believes that due to circumstances associated with the way the
annual contract was set up, this should be the last year. He added that staff believed they should
change to a job order contract type of agreement in the future, which was what many municipalities did
in order to avoid having to bid every single job.
In response to a question from Vice Mayor Dickey, Mr. Ward said that the contract limited the Town
to the particular tasks as outlined (the drainage project on Saguaro and the six sidewalk projects). He
stated that he only had spending authority up to $20,000 so he would have to come back to the Council
for any additional special projects. He noted that it would take the rest of the year to complete the
outlined work.
Councilmember Archambault asked when the Saguaro drainage project will be done and Mr. Ward
stated that it will be completed by June 30, 2008.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM#13 —PUBLIC HEARING OF A SPECIAL USE PERMIT FOR 16754— 16758
GLENBROOK BOULEVARD TO ALLOW "SWEET TOWN" AND "PHIL'S PLACE" TO
HAVE OUTDOOR PATIO/DINING AREAS. CASE NUMBER SU2007-16.
Mayor Nichols declared the public hearing open at 7:01 p.m.
Senior Planner Bob Rodgers addressed the Council relative to this agenda item. He explained that this
was a Special Use Permit application for two separate properties that were adjacent to one another.
The application is from Crazy Greek Imports, which owned both properties and they were requesting
that the existing outdoor patio areas be used for seating and/or dining. Under Agenda Item #15, there
was also a request for a liquor license for Phil's Place, because liquor consumption would occur in the
outside seating area at that location.
The businesses in question were Sweet Town Ice Cream Shop and Phil's Place restaurant located in the
C-1 zoning district,just off of the corner of Fountain Hills and Glenview Boulevards.
Mr. Rodgers referred to slides depicting the businesses under discussion and said that any business in
the C-1 business district that requested outdoor seating/dining areas were required to obtain Special
Use Permits from the Council. He advised that the Planning and Zoning Commission had forwarded a
recommendation for approval of the permits and staff also recommended approval subject to the
stipulations outlined in the staff report (a complete copy is on file in the office of the Town Clerk). He
added that staff also recommended approval of the liquor license (Agenda Item#15).
Mayor Nichols asked if there were any citizens wishing to speak on this issue. There being none, the
Mayor declared the public hearing closed at 7:03 p.m.
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AGENDA ITEM #14 — CONSIDERATION OF A SPECIAL USE PERMIT FOR 16754 — 16758
GLENBROOK BOULEVARD TO ALLOW "SWEET TOWN" AND "PHIL'S PLACE" TO
HAVE OUTDOOR PATIO/DINING AREAS. CASE NUMBER SU2007-16.
Councilmember Schlum MOVED to approve the Special Use Permit as outlined under Agenda Item
#13 and Councilmember Leger SECONDED the motion.
Councilmember McMahan objected to Stipulation #5 contained in the staff report (Tables in the
outdoor patio areas must be permanently affixed to the ground in a manner acceptable to the Chief
Building Official so that they cannot move and become an obstruction to pedestrian or handicap access
or egress). He said that he did not know of another restaurant in Town that had to meet that
requirement.
Mr. Rodgers explained that the conditions were developed by the Building Department and their main
concern had to do with the light weight tables that were currently being used. The applicants had been
working with the Building Department and the only remaining outstanding issue had to do with the
second access door. He said he believed they were just waiting for an alarm system and then all of the
stipulations, according to the Building Department, would be met. He added that Stipulation #5 was
being negotiated.
Councilmember Schlum asked if the Council approved the permit this evening, would the applicant be
required to affix the tables to the ground and if that were the case, he preferred that not be a
requirement at this point. Mr. Rodgers replied that if the Council approved the Special Use Permit
tonight, according to the exact stipulations as outlined, the applicant would have to either obtain
heavier tables or affix the light-weight tables to the ground. He stated that his understanding was that
the Building Department wanted to make sure that the tables did not blow away in a heavy wind.
Councilmember Schlum said that he can appreciate their concern but said that it is probably in the
owners' best interest to make sure his tables do not blow away.
Mr. Pickering suggested that they eliminate the wording "must be permanent affixed to the ground"
and instead stipulate that "tables in the outdoor patio areas must be acceptable to the Chief Building
Official" so that the problem might be easily solved. He added that the applicant and staff had
discussed the issue and he was certain the issue could be resolved.
Councilmember Schlum MOVED to amend the his original motion he made to approve the Special
Use Permit and said that the language in Stipulation #5 should be reworded to state that "tables in the
outdoor patio areas must be acceptable to the Chief Building Official." He asked whether the applicant
was agreeable to the amendment. (The applicant indicated approval of the amendment.)
Councilmember McMahan SECONDED the motion.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #15 — CONSIDERATION OF THE LIQUOR LICENSE APPLICATION FOR
JOHN RODAKIS (JPR CATERING LLC, DBA PHIL'S PLACE) LOCATD AT 16758
GLENBROOK BOULEVARD, FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES 12
RESTAURANT LICENSE.
(See discussion above.)
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Vice Mayor Dickey MOVED to approve the liquor license application for a Series 12 Restaurant
License as recommended by staff and Councilmember Leger SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #16 — CONSIDERATION OF INITIATING AMENDMENTS TO CHAPTER
18 OF THE ZONING ORDINANCE, TOWN CENTER COMMERCIAL ZONING DISTRICT
(TCCD).
•
Director of Planning and Zoning Richard Turner addressed the Council relative to this agenda item.
Mr. Turner advised that Kasnoff Realty and Investments had been talked to the Town about developing
13 acres of vacant property in the downtown area. The site is located on the south side of Avenue of
the Fountains between the Town Hall/Community Center and Saguaro Boulevard and was zoned C-2.
The developer would prefer to use the Town Center Commercial Zoning District (TCCD) zoning
regulations if amended. The current TCCD regulations fell short of the developer's needs in terms of
some of the development standards. Kasnoff had asked the Town to consider amending several
provisions of the TCCD zoning district regulations.
Mr. Turner noted that Chapter 2 of the Zoning Ordinance allowed the Council to amend the zoning
district regulations as "public necessity, convenience, general welfare and/or good zoning practice
requires." Such amendment could be initiated by the Town Council. Initiation of this amendment
would be a beginning to the process of staff evaluation and public comment on this proposal. The
question before the Council this evening was not whether the proposed changes were appropriate, but
whether they were worthy of investigation and review. The developer had proposed the following
changes to the TCCD Zoning District Regulations:
1. Add multi-family residential as an allowed use. Multi-familyuse could be upto 50 percent of the
total gross square footage of the project. Maximum density would be 25 dwelling units per acre.
(Note: multi-family use is presently allowed in TCCD zoning with a Special Use Permit at a
maximum density of 12 dwelling units per acre.)
2. Add an option for shared parking. The Ordinance would be changed to include a very
comprehensive and detailed model for shared parking. (Note: The Zoning Ordinance does not
currently recognize the concept of shared parking as an alternative to minimum parking
requirements for each use. Section 7.04C of the Zoning Ordinance (Mixed Use Developments)
states, "In the event of mixed use developments, the total requirement for off-street parking spaces
is the sum of the requirements of the various uses computed separately." To review this section,
the Town will be hiring a parking expert to assist in their analysis.
3. Increase the allowed building height from 40 to 42 feet for all buildings and 46 feet for
commercial movie theaters and architectural features. (Note: TCCD zoning allows a maximum
building height of 30 feet with provision to allow 40 feet for commercial movie theaters and
architectural features.)
4. Reduction in standard front, street side and rear setbacks from 20 to 0 feet. (Note: TCCD zoning
allows the Town Council to reduce the setback to 0 for buildings on abutting lots that are large
and/or have unarticulated elevations.)
5. Other minor wording changes are proposed for consistency.
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(A complete copy of the TCCD Zoning District as proposed is available in the office of the Town
L., Clerk.)
Mr. Turner advised that if the request to amend the TCCD Zoning District regulations was initiated by
the Town Council, staff would evaluate all of the changes proposed by the developer. Staff would also
review the regulations for other changes that were appropriate for a downtown commercial zoning
district and bring the regulations up to date with regard to other recent changes in the Town's codes.
Should the Council choose not to initiate the proposed changes, the developer would have to comply
with the development standards of the existing TCCD Zoning District regulations if the property was
rezoned or comply with the current C-2 regulations. The applicant would seek Special Use Permits
and Variances for any modifications he may choose to pursue. The cost of the shared parking analysis
was estimated to be under$15,000.
Mr. Turner stated that initiative requests did not involve planning issues and as such staff does not
have a recommendation regarding this proposal. If the Council decided to initiate this matter, staff
would conduct a full analysis of the proposed changes and that analysis would be in a report prepared
for the public hearings on this changes.
Mr. Turner indicated his willingness to respond to questions from the Council.
Mayor Nichols commented that this item is just to "start the ball rolling" and have staff work on
considering the proposed changes to the TCCD Zoning District and Mr. Turner confirmed his
statement. He said that the proposed amendments could change after the study had been conducted by
staff and Mr. Turner also agreed with that comment. He added that staff would also like to be able to
suggest other changes they felt were appropriate.
Mayor Nichols stated the opinion that the intent was to determine whether a more flexible plan was
needed, not only for the current applicant,but for future applicants as well. Mr. Turner agreed and said
that staff was looking to apply it anywhere in the downtown area; wherever there was TCCD zoning.
Councilmember Archambault MOVED to direct staff to initiate an application to amend Chapter 18 of
the Zoning Ordinance, the Town Center Commercial Zoning District (TCCD) and Councilmember
Schlum SECONDED the motion.
In response to a question from Councilmember Schlum, Mr. Turner advised that unless the Council
wished to offer any additional suggestions, staff had enough direction to begin the process. Mr. Turner
added that staff would have quite a bit of work to do on this and estimated that by the end of the year
or in early 2008 staff would have a report for the Council to review and consider.
Discussion ensued relative to the fact that TCCD zoning would be needed in order to facilitate the type
of development most of the community was seeking; C-2 restrictions; the importance of having staff
become involved in this important issue; the fact that these types of issues were discussed in open
meetings, which was entirely appropriate and leads to questions because of the complexity of the issue;
the fact that should this matter progress, public input would be an important part of the process; the
fact that shared parking is a new concept for the Town that staff believes was worth looking into; the
fact that staff would look into the parameters that had been suggested for multi-family use (suggested
co, by the developer) and staff might not support that proposal; staff's intent to try and bring something
back to the Council on this issue as soon as possible; the fact that the property owner's permission was
not needed to amend the zoning (this issue was discussed under the following agenda item); the fact
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that the Council was trying to create a scenario to revitalize the Town Center, the Town's core business
district and the fact that this particular motion did not look at any specific development; rather it "steps
back" and directs staff to determine what was the best way to enable a mixed-use development and
create a lifestyle environment similar to previous proposals as well as the current proposal.
Mayor Nichols asked if there were any speakers wishing to address this issue and Town Clerk Bev
Bender advised that one request to speak has been received from Mr. Dave Fackler.
Dave Fackler, 224 E. Brentrup Drive, Tempe, a principal in Nelson/Fackler Planning and Development
and a member of the Fountain Hills Town Square LLC, who was interested in developing the acreage
in the downtown area. He said he would like to lend their support to the Council's actions and staff's
work as a resource. He added that his partner and he had spent approximately 50 years of their careers
in downtown redevelopment, specifically in Tempe, and had a wealth of information on how to
modernize ordinances so that they set the stage for redevelopment and infill of entire downtowns.
Mayor Nichols thanked Mr. Fackler for his comments.
There being no additional questions or input, the Mayor called for a vote on the motion.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM#17— CONSIDERATION OF INITIATING AN APPLICATION TO REZONE
THIRTEEN (13) ACRES OF PROPERTY LOCATED ON THE SOUTH SIDE OF THE
AVENUE OF THE FOUNTAINS, ON BOTH SIDES OF VERDE RIVER DRIVE FROM C-2
TO TOWN CENTER COMMERCIAL (TCCD).
Mr. Turner also addressed the Council relative to this agenda item and said that this item was a follow-
up to the preceding agenda item. He advised that this item was an initiative that would start the
process of rezoning the property in question. He referred to a map displayed in the Council Chambers
and outlined the property in question. He said that C-2 zoning was appropriate for many types of
development but was not well suited for a mixed use project such as the one being proposed by the
developer. The Town was interested in seeing this important piece of property developed with uses
that would benefit the Town and its residents by way of a vibrant, pedestrian oriented commercial
project. The developer had requested that the land be rezoned to TCCD with the proposed changes to
the zoning district regulations as presented under the previous agenda item.
Mr. Turner noted that Chapter 2 of the Zoning Ordinance allowed the Council to change zoning district
boundaries and said that the question before the Council at this time was not whether the proposed
change was appropriate but whether the requested rezoning was worthy of investigation and review.
He added that if this request was approved, Kasnoff would need to submit the information required to
supplement a rezoning application as outlined in Section 2.01 of the Zoning Ordinance and added that
these requirements included a tentative development plan. He said a decision on the proposed
rezoning would come at a later time following public hearings and if the Council decided not to
approve the requested changes, the developer would have to comply with the existing C-2 zoning
regulations, which would require Special Use Permits for the proposed multi-family use and also
variances for other modifications he might wish to have.
Mr. Turner advised that initiative requests did not involve planning issues and as such staff did not
have a recommendation regarding this proposal. If the Council decides to initiate this matter, staff
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would conduct a full analysis of the proposed project and the analysis would be in a report prepared for
the public hearings on the application. Mr. Turner indicated his willingness to respond to questions
from the Council.
Mayor Nichols said his understanding of the recommended motion was to have to the Mayor, on
behalf of the Council, file an application to rezone the 13 acres located on the south side of the Avenue
of the Fountains on both sides of Rio Verde Drive from C-2 to the Town Center Commercial Zoning
District (TCCD).
Town Attorney Andrew McGuire stated that this was essentially a Town initiated rezoning of a
particular piece of property and what would be required of this parcel prior to going forward was what
was currently referred to as a Prop. 207 waiver. He said that they had not yet received that from the
property owners. He explained that if rezoning of a person's property diminished the market value, it
was an actionable claim, so rather than going through the process of determining whether values had
been diminished, the Town's process had been that when a property owner wanted their property
rezoned, we had them waive the 207 claims they may have had because the action was at the request of
the property owner. Mr. McGuire added that the motion should be to direct staff to initiate rezoning on
this piece of property, schedule public hearings and carry the process forward.
Councilmember Archambault MOVED to direct staff to initiate looking at the possibility of rezoning
this property and Vice Mayor Dickey SECONDED the motion.
Councilmember McMahan noted that for this case a letter had been received from the property owner
approving the zoning change and Mr. Turner confirmed this statement.
Ms. Bender advised that Mr. Fackler once again wished to address the Council.
Mr. Fackler stated that this rezoning is a land issue, not a project based issue, and asked the Council to
consider that important fact.
Mayor Nichols thanked Mr. Fackler for his input and called for a vote on the motion.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #18 — DISCUSSION AND POSSIBLE ACTION TO ESTABLISH THE
PRIORITY SEQUENCE AND TO SET THE ORDERLY CALENDAR FOR THE
COMPLETION/RESOLUTION BY MAY 15, 2008, OR EARLIER, OF THE FOLLWING
ESTABLISHED ITEMS OF COUNCIL BUSINESS:
A. DEVELOPMENT FEES ADJUSTMENT
B. DOWNTOWN/KASNOFF DEVELOPMENT AGREEMENT
C. ENVIRONMENTAL POLICY
D. GENERAL ACCESS TO THE MOUNTAIN PRESERVE
E. PREPARING A SOUND TOWN FINANCIAL FUTURE
F. STATE TRUST LAND/ELLMAN DEVELOPMENT AGREEMENT
G. TOWN HALL WATER FEATURE AT AVENUE OF THE FOUNTAINS AND LA
MONTANA DRIVE
H. TRAFFIC CONTROL AT AVENUE OF THE FOUNTAINS AND SAGUARO
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Town Manager Tim Pickering addressed the Council relative to this agenda item and referred to a list,
distributed by Councilmember Kehe, that places some tentative timelines on each of the above listed
projects. He stated that it appeared that almost all of the items could readily be achieved. ,4604
Mr. Pickering advised that the Development Fees Adjustment was a decision to change a multiplier in
the Town's Development Fees. They now had the ability to do that and staff was doing the legal
research to determine if they could just get the inflationary factor put onto the development fees
without having to do a huge study. He said that staff believed they could meet the January 15th
deadline on this matter.
Mr. Pickering noted that the Downtown Development Agreement had been talked about this evening
and added that February 21st seemed like an attainable date and it might even be addressed earlier
depending on the results of staff's research.
Mr. Pickering stated that March 20th was the date listed for the Environmental Policy and stated that
the only adjustment he would make to that would be that staff's Environmental Policy Report would be
completed by March 20th and the actual policy would probably be ready by May 15th (as discussed at
the Council Retreat). The actual adoption date would be up to the Council.
Mr. Pickering said that the date for general access to the Mountain Preserve, December 6th, was
somewhat in the hands of the Town's legal counsel and MCO but staff hopes that those requirements
will be met as proposed.
Town Attorney Andrew McGuire commented that the list of issues on that agreement were very few
and there was very little left to talk about. The latest draft of the agreement went back to MCO
yesterday and staff would work towards meeting the deadline date. He said he optimistically put
December 6th down as the date but it was likely that they would need to hold one more Executive
Session on the issue that evening.
Mr. Pickering said that as far as Preparing a Sound Financial Future, staff would definitely meet the
December 20th deadline date. He added that this evening the Committee had been holding some
forums on that discussion and they were geared up to have their recommendation to the Council by the
20th as the matter must go on the May 2008 ballot.
Mr. Pickering advised that everyone had been working on the State Trust Land for approximately three
years and he believed that the May 15th deadline date could be met. That date would be for the final
approval of an amendment to the Town's General Plan as well as a Development Agreement. This
meant that by the beginning of 2008, the Council should have a submission of a signed Development
Agreement and a request to do an amendment to the Town's General Plan.
Mr. Pickering said that the Town Hall Water Feature was approved this evening and that would
certainly help staff to meet the May 15th goal.
Mr. Pickering said that as far as traffic control at Avenue of the Fountains and Saguaro needed to be
discussed. He requested that Mr. Ward come forward to talk about this issue.
Mr. Ward addressed this item and said that the matter was one of concern for him. He said it was
important to remember that the worst thing they could do would be to rush into a traffic control device
for this important intersection. He said that some of the research that had been conducted beyond all
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of the data that had been collected and studied (pedestrian movement, volumes, etc.) were other things
that had been discussed with members of the Council such as a Hock Signal. He informed the Council
that the Hock Signal was not an approved signal by the Federal Highway Association; it took a special
permit to obtain one. Tucson had many of them and they had applied for those. There was a quote in
the ADOT manual that states, "No device will make a driver act responsibly" and that was something
that should be strongly considered. He said that the Council also heard from the consultant about
roundabout at the August 12th meeting that he was unable to attend. He stated that this was something
that the Council had thought long and hard about and he had also talked to two other consultants about
Avenue of the Fountains and Saguaro and the possibility of a roundabout because he had always
thought that it would work very nicely in the downtown area. He added that a lot of opportunity
existed there to do something great for the downtown area and he did not want to miss that opportunity
by just "throwing up" a traffic signal.
Mr. Ward said that although he could appreciate that the May 15th deadline was important to the
Council, staff continued to study the issue and look at the pedestrian movements. He noted that there
were a lot of winter visitors currently in Town and they were approaching the time period where they
needed to get out there and take some more speeds and compare them to the traffic flows as they
might try to avoid that intersection by using Panorama or El Lago or up on Palisades. He said that he
would be happy to answer any questions from the Council.
Councilmember McMahan commented that the next agenda item had to do with a request that he
submitted to reconsider the traffic control at Avenue of the Fountains and Saguaro. He advised that his
main concern was the U-turn and as far as he could see, the stop signs were working, but the U-turn
was causing a great deal of consternation. He said that he would like to make a presentation and put it
on the agenda for the December 6th meeting (including a PowerPoint presentation).
Mayor Nichols said that they would discuss that matter under the next agenda item.
Vice Mayor Dickey stated that she had received e-mails from some citizens and the idea of
roundabouts on both ends was attractive to a lot of people. She agreed that rushing something that
would prevent them from really looking at that option would be a mistake. She stressed the
importance of really pursuing this option. She also suggested that the placement of some signage
might help avoid confusion regarding the U-turn situation in the meantime.
Mayor Nichols stated that one of the concerns he had about the roundabout at that location was that it
did not address the issue of how people could safely cross the street. The roundabout controlled the
traffic but how did they get people from the park across the Avenue; how did they stop the traffic on
the roundabout.
The Vice Mayor said that during the presentation the consultant showed the Council examples of how
crosswalks and a stop in the middle could resolve that issue. She added that again,people had to know
how to drive.
Mr. Ward reported that the speed in a roundabout was 12 to 15 miles per hour and this gave drivers
plenty of time to respond to pedestrians. It also gave pedestrians time to see the vehicles.
Roundabouts also provided "islands of protection" and there were shorter areas to cross.
(lbw
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Mayor Nichols commented that he believed in roundabouts but did not want to wait nine more months
to finish the study. He requested that staff come back on December 6th with some alternatives as far as
what they wanted to look at.
Councilmember Kehe said that by December 6th there should be some stage of resolution regarding
what would happen at that location.
Councilmember Kehe MOVED to adopt this list with the dates as amended per discussion as the work
plan for staff to address the various items and Councilmember McMahan SECONDED the motion.
Councilmember Leger concurred with the Mayor's statements and stated that the goal was to compress
the evaluation period. He added that obviously the intervention phase was going to be long and there
was a pretty hefty price on the roundabout and putting one on both ends of the Avenue was a huge
expense. He wanted to move it up and look at the options available. He further stated that it would be
appropriate for the Council to receive progress updates on each of the items during each future Council
meeting.
Councilmember Kehe MOVED to amend his motion to state that staff will provide the Council with
progress updates on each of the items at each Regular Council meeting and Councilmember McMahan
SECONDED the motion.
Mayor Nichols called for a vote on the amended motion.
The motion CARRIED UNANIMOUSLY (7-0).
Councilmember Schlum noted that the downtown businesses provided a significant amount of
feedback regarding the new traffic control situation and the U-turn. He said since they are considering
new methods of controlling traffic at that location, he thought it would be appropriate to obtain input
and share information with the various business owners.
Mayor Nichols called for a vote on the main motion.
Ms. Bender advised that there were two speakers who wish to address the Council.
Frank Ferrara, representing the Fountain Hills Chamber of Commerce, concurred with Councilmember
Schlum's remarks and said that they had received a tremendous amount of opposition to what had been
done to date regarding the traffic. He noted that this summer was the worst that the Town had
experienced as far as retail sales and this was worsened by the fact that the business owners were kept
"out of the loop" although they were the ones impacted. He added that he was not even notified but if
he had been, he would have at least talked to the businesses. He stated that the U-turn was not the only
issue, there were many, and he urged the Council to expend every effort to keep people safe and
informed. He said that he would not travel west on Fountain Hills Boulevard until something was
done about it. He added that the selling season was upon them and urged the Council to help the
businesses in Fountain Hills.
Mayor Nichols thanked Mr. Ferrara for his comments.
(The second speaker, Mr. Roy Kinsey, declined to speak.)
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The motion CARRIED UNANIMOUSLY (7-0).
1/4110* AGENDA ITEM#19—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER.
Mr. Pickering said that as discussed, updates on the various work plan items will be provided to the
Council at every Regular meeting.
Mayor Nichols added that staff should initiate the rezoning.
AGENDA ITEM #20 - 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:
A. THIS ITEM WAS BROUGHT FORWARD BY COUNCILMEMBER MCMAHAN
FOR CONSIDERATION OF PLACEMENT ON A FUTURE AGENDA FOR
COUNCIL ACTION: RECONSIDERATION OF THE TRAFFIC CONTROL AT
AVENUE OF THE FOUNTAINS AND SAGUARO BOULEVARD.
Mayor Nichols asked whether there were at least two other members of the Council who would like to
see this item placed on a future agenda. There was sufficient support and staff would place this item
on the December 6th agenda and Councilmember McMahan would make a presentation on the issue.
Councilmember Dickey said that she belonged to the American Association of University Women and
they, along with a few other organizations put on a program called "Running and Winning" at
Coronado High School. She advised that she and others received recognition from the Governor
applauding the nationally recognized program for high school junior and senior students that
encouraged them to see themselves as leaders, seeking to enhance their self confidence and provided
information about public service and the electoral process. She said that perhaps someday the Town
could do something similar.
AGENDA ITEM#21 —ADJOURNMENT.
Councilmember McMahan MOVED that the Council adjourn and Vice Mayor Dickey SECONDED
the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 8:00 p.m.
L
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1
TOWN 0 UNT N HILLS
By
Wally chols, or
ATTEST AND
PREPARED BY:
Bevelyn J e er, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Session held by the Town Council of Fountain Hills on the 15th day of November 2007. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 6th day of December, 2007.
Bevelyn e der, Town Clerk
J
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