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HomeMy WebLinkAbout2008.0221.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL February 21,2008 Mayor Nichols called the meeting to order at 6:04 p.m. AGENDA ITEM#1—ROLL CALLAND VOTE TO GO INTO EXECUTIVE SESSION. ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Councilmember Kehe, Councilmember Leger, Councilmember Schlum, Councilmember Archambault and Vice Mayor Dickey. Town Attorney Andrew McGuire, Interim Town Manager Kate Zanon, and Town Clerk Bev Bender were also present. Councilmember McMahan was excused from the meeting. VOTE TO GO INTO EXECUTIVE SESSION: (i) PURSUANT TO A.R.S. §38-431.03(A)(1), FOR DISCUSSION OR EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT THE DISCUSSION OR CONSIDERTION 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 SHOULD OCCUR AT A PUBLIC MEETING. (SPECIFICALLY, FOR THE PURPOSE OF INTERVIEWING ONE APPLICANT FOR CONSIDERATION OF SERVING ON THE STRATEGIC PLANNING ADVISORY COMMISSION.) Councilmember Archambault MOVED to convene the Executive Session and Vice Mayor Dickey SECONDED the motion, which CARRIED UNANIMOUSLY by those present(7-0). Councilmember Archambault MOVED to adjourn the Executive Session at 6:22 p.m. and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). RETURN TO REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Nichols convened the Regular Session at 6:30 p.m. • INVOCATION—Councilmember Kehe Mayor Nichols stated that it was good to be back after missing one meeting and explained that he had undergone surgery on his knee. He said that hopefully he would be fully recovered by the middle of March. • ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Councilmember Kehe, Councilmember Leger, Councilmember Schlum, Councilmember Archambault and Vice Mayor Dickey. Town Attorney Andrew McGuire, Interim Town Manager Kate Zanon and Town Clerk Bev Bender were also present. Councilmember McMahan was excused from the meeting. z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 1 of 15 • MAYOR'S REPORT (i) None. `rrrr • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS * CALL TO THE PUBLIC There were no citizens wishing to speak. CONSENT AGENDA AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES OF FEBRUARY 1 AND FEBRUARY 7,2008. AGENDA ITEM#2—CONSIDERATION OF A PURCHASE AGREEMENT WITH MOTOROLA FOR THE PURCHASE OF FIRE DEPARTMENT MOBILE AND PORTABLE RADIOS,IN THE AMOUNT OF$52,015.21. AGENDA ITEM #3 — CONSIDERATION OF APPROVING RESOLUTION 2008-09, REPEALING RESOLUTION 2006-45 AND APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE OFFICE OF STATE FIRE MARSHAL RELATING TO FIRE INSPECTION SERVICE. AGENDA ITEM#4— CONSIDERATION OF A FINAL REPLAT OF REDROCK BUSINESS CENTER THREE, AKA PLAT 706, LOTS 4 AND 5, LOCATED AT THE NORTHWEST CORNER OF SHEA BOULEVARD AND MONTEREY DRIVE. (CASE#S2008-03.) Councilmember Leger MOVED to approve the Consent Agenda as listed and Councilmember Archambault SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Dickey Aye Mayor Nichols Aye Councilmember Leger Aye Councilmember Schlum Aye Councilmember Kehe Aye Councilmember McMahan Absent Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY by those present(6-0). ACTION AGENDA AGENDA ITEM #5 — CONSIDERATION OF APROVING THE CONTINUATION OF A SPECIAL USE PERMIT (SU2007-13) FOR EXTENDED OPERATION HOURS FOR THE TWO STEP SALOON LOCATED AT 11056 N.SAGUARO BOULEVARD IN THE C-C ZONING DISTRICT. Planner Gene Slechta addressed the Council relative to this agenda item and stated that on August 16, 2007, the Council approved a request for a Special Use Permit (SUP) for extending operating hours of a business called the Two Step Saloon in the C-C zoning district, at 11056 N. Saguaro Boulevard. The SUP was approved for an evaluation period of six months, reserving the right to further amend or revoke the permit at that time. Staff had not received any complaints from residents, written or verbal, during that period of time. Staff obtained a z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 2 of 15 premise history report from the Sheriff's Department that covered all of 2007 and the first part of 2008. According to the report, none of the calls since August were for noise so staff recommended that the Town Lir Council remove any further need to evaluate the Two Step Saloon's SUP. He noted that the Town Code spells out noise violations and the Town always had the option to revisit and revoke a SUP if situations changed that warrant taking action. Mr. Slechta indicted his willingness to respond to questions from the Council and added that the applicant was also present. Councilmember Archambault MOVED to approve continuation of the Special Use Permit (SU2007-13) for extended operation hours in the C-C Zoning District located at 11056 N. Saguaro Boulevard, aka Two Step Saloon, lot 13 and Councilmember Schlum SECONDED the motion. In response to a question from the Mayor, Town Clerk Bev Bender advised that two citizens submitted cards in opposition to the continuation of the SUP but did not wish to speak. She added that four additional citizens wished to address the Council regarding this item. The Mayor asked the citizens to come forward as their names were called. Chris Beall, a Carefree resident, said that he was speaking as a Fountain Hills' landowner and businessman. He felt as though his last cries for help had fallen on "deaf ears." He stated the opinion that the permit was obtained without the proper procedures being followed and respectfully requested a continuance of the probationary period to allow the bordering landowners an opportunity to obtain more information. He added that economic impact studies need to be conducted and they needed to find out whether or not putting a nightclub in their backyards was going to affect property values. He referred to a letter that his attorney sent to the members of the Council and said that the Town Code stated (under Special Use Permits) that it was the intent of this ordinance to permit special uses in appropriate zoning districts but only in specific locations within such districts that could be designed and developed in a manner, which assured maximum compatibility with adjoining uses. Lie He questioned how a nightclub would assure maximum compatibility with a residential environment. He thanked the Council for their time. David Gage, 11056 Saguaro, speaking on behalf of the owners of the Two Step Saloon, said that the business was not a nightclub, it was a restaurant. He stated the opinion that a majority of the members of the Council had been to the restaurant and noted that 70% of their sales were from food. During the week the business closed at 11:00 p.m. and on Fridays and Saturdays they closed at 1:00 a.m. They had not received any noise complaints and had remained in compliance with the conditions placed on the temporary license issued by the Council six months ago. He requested that the Council approve the motion as stated and allow the Two Step Saloon the opportunity to continue to conduct business in Fountain Hills. He emphasized that the business was not a detriment to the Town; it was a restaurant that serves pretty good food. He thanked the Council for their consideration. Gulsen Bedzula, 11063 N. Indian Wells, addressed the Council and advised that she lived right across the street from the Two Step Saloon. Before she purchased her home they performed due diligence and checked the zoning and made their decision based on that. She said now the owners of the business wanted to change the zoning to allow them to remain open till 2:00 a.m. in the morning. She asked what happened to her rights and added that she was representing herself,her family and her neighbors. She thanked the Council for their time. Barb Bruno, 17133 E. Rockwood Drive, addressed the Council and said that she was speaking for herself but in addition, Lisa Bedzula who had also filled out a card and had to leave but asked her to read her comments as well. She said that Ms. Bedzula stated that she wanted the Council and/or the Saloon owner to answer this question: "Why would the owner of the Saloon put well over $1 million into a business that was not already zoned for a 2:00 a.m. closing time? Was she guaranteed something in advance? And if they sell this property, would it revert back to the current zoning or would it continue with the Special Use zoning?" z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 3 of 15 Ms. Bruno stated the opinion that this Council was supposedly committed to protecting the interests of all the residents and property owners in Town, not just the businesses that pay the higher taxes. The Council needed to protect the interests of the numerous residents that surrounded this Saloon who should not have to put up with a 2:00 a.m. closing time in a residential area. Mayor Nichols thanked all of the speakers for their comments. In response to a question from Councilmember Schlum, Town Attorney Andrew McGuire confirmed that the land was currently zoned commercial and the owners had the right to operate their business at that location. The only issue the Council was addressing under this agenda item was the extension of the hours of operation. Mr. McGuire also discussed the posting period required for this type of zoning issue (referred to in the letter from the attorney) as reference to the posting and notification required for Special Use Permit (SUP) was to be issued, which the Council approved at a previous meeting. As part of the SUP that they previously issued, the Council had placed a condition on it that the case come back after a certain period of time to evaluate any noise complaints in the area. He said that this was actually exercising a condition that was placed upon the SUP that met the posting/notification requirements. No additional postings/notifications were required. In response to a question from Vice Mayor Dickey, Mr. McGuire explained that a SUP was a lot like a lot of other land use entitlements in that it ran with the land. In this particular case, because they were talking about a use for a specific user at the site, what staff had traditionally done was that if the use changed the SUP would be re-evaluated. It could change to another user that was identical or a different business that had the same purpose and it would be brought before the Council for a re-evaluation. He added that unless the use changed they would not go back for a revocation of the actual permit. The Vice Mayor said that the issue then would be discussed but the business would not necessarily have to apply for another SUP to extend the hours and Mr. McGuire clarified that it would have to be the same type of „la) business, a restaurant at that location. He stated that there was a mix of uses in that zoning category. Mr. Slechta advised that prior to the Two Step Saloons request they were allowed to remain open until 11:00 p.m. He added that the restaurant also had a liquor license. Vice Mayor Dickey noted that in the meantime the State had changed the closing times from 1:00 a.m. to 2:00 a.m. throughout the entire State. Mr. McGuire explained that there were two ways in which to revoke a SUP: 1) If any conditions, terms or obligations under the permit were violated and 2) A very broad provision that stated if any law or ordinance was violated. He said that the Council could revoke on the basis of violations if any occurred. He confirmed that if a large number of complaints were received in the future against this business, the Council could in fact provide notice and consider revocation of the SUP. In response to a request from Councilmember Kehe, Captain Kleinheintz stated that he could not recall any complaints issued against the business for excess noise. He said that right after the business opened there was a "bit of a scuffle" and that was the only call that he was currently aware of. He added that he had not recently reviewed any of the reports that were generated but nothing came to mind. Mr. Slechta confirmed that the Town Council could take action if violation occurred. Councilmember Schlum pointed out that the zoning was not changing, ordinances were in place that would address noise violations, and there was the safeguard that the SUP could be reconsidered by the Council if violations occurred. Mayor Nichols called for a vote on the motion. The motion CARRIED UNANIMOUSLY by those present(6- 0). z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 4 of 15 AGENDA ITEM#6— CONSIDERATION OF A WORK ORDER WITH MARKHAM CONTRACTING IN THE AMOUNT OF$21,979 TO CONSTRUCT A U-TURN ON AVENUE OF THE FOUNTAINS. Lir Public Works Director Tom Ward addressed the Council relative to this agenda item and stated that on December 6, 2007, the Council had directed staff to research the feasibility of a HAWK pedestrian signal and install a U-turn on Avenue of the Fountains, approximately 150 feet west of Saguaro Boulevard. Since that time, staff had surveyed, designed and located utilities relative to the proposed U-turn location. Staff was utilizing the Annual Contract for Asphalt and Concrete with Markham Contracting to construct the U-turn. A work order for$21,979.00 had been prepared and staff had met with the contractor. Markham Contracting was ready to perform the work pending approval by the Council and staff believed that the construction of the U-turn would lessen the amount of U-turns at Saguaro, thereby increasing pedestrian safety and providing less confusion for drivers to navigate to the north side of Avenue of the Fountains. Mr. Ward reported that construction of the U-turn would take approximately two to three weeks, weather permitting Mr. Ward added that he was pleased to report that previous to or on April 8th staff would provide the Council with a report and a recommendation regarding this intersection and would provide a review of the research that had been done on the HAWK signal. Councilmember Schlum MOVED to approve the work order to Markham Contracting in the amount of$21,979 and Councilmember Leger SECONDED the motion. In response to a request from Councilmember Schlum, Mr. Ward explained that the U-turn, as it was now, mixed cars and pedestrians. He also discussed crosswalks and ADA requirements that must be met by the Town and said that the new U-turn would meet all ADA requirements. Mayor Nichols called for a vote on the motion. The motion CARRIED UNANIMOUSLY by those present(6- cio 0). AGENDA ITEM#7—CONSIDERATION OF A SITE PLAN FOR"MOBILE WEST,LLC,"LOCATED AT 11803 SAGUARO BOULEVARD, TO ALLOW THE SALE OF GOLF CARTS AND RELATED ITEMS ON PROPERTY LOCATED IN THE C-3 ZONING DISTRICT. CASE#PD2007-01. Planning and Zoning Director Richard Turner addressed the Council relative to this agenda item and stated that this application was for approval of a site plan for Mobile West, LLC, which had leased space and was currently selling golf carts, neighborhood electric vehicles, peoplemovers and low-speed vehicles at their storefront located at 11803 Saguaro Boulevard. According to the Zoning Ordinance, such vehicle sales were only permitted in the C-3 zoning district if the Planning and Zoning Commission and the Town Council both approved a site plan. He noted that the proposal was actually a plan of the existing business operation. Mobile West had been allowed by staff to continue their business in the current location subject to the outcome of the site plan approval process with the Planning&Zoning Commission and the Town Council. Mr. Turner explained that the plan identified the existing interior display and sales areas, the loading and unloading area in the rear of the alley and a shared outdoor display area with Hertz Rent-A-Car in front of the parking lot. It was important to note that no existing parking spaces would be lost due to this proposal. Staff had reviewed these items and determined that the proposal would not be detrimental to public health, safety or general welfare. Mr. Turner added, however, that the applicant stated that the property manager had refused to allow Mobile West to delineate the outdoor display area. Without proper delineation, the outdoor display of merchandise became excessive overtime and the boundaries were difficult to enforce. He said that staff could not recommend approval of such a circumstance and added that staff had made numerous attempts to contact the property manager through phone calls and e-mails. There had been one phone conversation with the property z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 5 of 15 manager. Mr. Turner advised that staff had determined that the most agreeable solution appeared to be to use the existing display allowed for Hertz Rent-A-Car. Mr. Turner informed the Council that staff recommended approval of the application and on December 13th the Planning and Zoning Commission had recommended approval as well, subject to the conditions contained in the staff report as follows: 1) The applicant shall be limited to the use of the previously approved outdoor display areas currently used by other tenants in the plaza, most notably Hertz, as shown on the Site Map. No additional outdoor display areas may be created or used. The applicant shall discontinue the display of items for sale in the plaza parking lot or public right-of-way. 2) All loading and unloading of any merchandise shall be done from the alley behind the plaza. The applicant shall discontinue loading and unloading activities in the public right-of-way. 3) Final approval shall not be valid prior to the completion of all site improvements as depicted and approved. Said improvements must be approved by the Town Engineer, the Fire Department and the Planning & Zoning Administrator. Councilmember Archambault MOVED to approve the proposed Site Plan for Mobile West, LLC subject to the stipulations and Councilmember Schlum SECONDED the motion. In response to a question from Councilmember Archambault, Mr. Turner explained that this was a very old commercial complex and if they were doing this from scratch today they would probably be doing it differently but they had already approved display spaces in the center for Hertz and no additional display areas were being approved for this application. Some of the spaces that were approved for Hertz would be used for this business. He said that staff believed there would be sufficient parking spaces available at the Plaza. Councilmember Kehe stated that he supported the proposal but wanted to bring up two points with which he had some concerns. He referred to a letter to Bob Rodgers dated November 5, 2007, relative to the parking spaces and said that the letter stated that approval had been received from Mobile West and the landlord (written signatures) and from John Lindley of Hertz Rent-A-Car(verbal agreement). He asked why a signature was not obtained from Mr.Lindley as well. Mr. Turner responded that the applicant would be in a better position to answer that question and added that it was his understanding that the individual had been involved in discussions and was agreeable to what was being proposed. Councilmember Kehe asked when this would take effect if the Council approved this item this evening. Mr. Turner advised that Stipulation #3 indicated when final approval would be valid and said that he did not imagine that it would take very long. Councilmember Kehe pointed out that electric vehicles had been parked in those slots before tonight and said that concerned him. Mr. Turner stated that staff had been working with Mr. Bridges for a while now in an effort to bring this matter into compliance and approval of this application would accomplish that. Councilmember Leger said that he too had concerns about a verbal agreement and suggested that a written agreement from Hertz be obtained. He asked Mr. McGuire what would happen in the event Hertz moved out as far as the parking spaces. z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 6 of 15 Mr. McGuire said that the concerns regarding verbal approval were foresighted in terms of addressing a future tenant that would take over Hertz's space. He added that with respect to the current arrangement if the property owner had his tenants in line to agree to share that space, it was within their rights to come to any arrangement they could. He stated that what they were essentially doing by this application was "carving that space up" so that there was less for Hertz and more allowed for the other user. He said that if in the future they had different users that were not in agreement, they would have to allow them to have exclusive use of the individual spaces. He stated that the opinion that it was fair to request that an agreement between them be reduced to writing in some form before the final Site Plan was approved. Councilmember Schlum commented on the fact that the property was privately owned and the property owner appeared to be comfortable with this use. He added that the areas for display had already been put in place and he did not see a great deal of discretion on what type of vehicle sales would go into those spaces. It seemed as though if there was a challenge between who was using them, Hertz would probably win if they chose not to sign something and then they would have to come back before the Council for additional spaces for display. He said it appeared that they had worked things out and he believed the Bridge's would be pleased that they could get them through the process and they could continue to sell their vehicles at that location. He stated that he would support the proposal. Mayor Nichols called for a vote on the motion. The motion CARRIED UNANIMOUSLY by those present(6- 0). AGENDA ITEM #8 — CONSIDERATION OF INITIATING AMENDMENTS TO CHAPTER 10 — HEALTH AND SANITATION AND TO CHAPTER 12 — TRAFFIC OF THE TOWN CODE. IF ADOPTED, THE AMENDMENTS WOULD REVISE THE TOWN CODE TO BRING THE TOWN INTO COMPLIANCE WITH THE REQUIREMENTS OF SENATE BILL 1552 AND THE MARICOPA ASSOCIATION OF GOVERNMENT'S FIVE PERCENT PLAN FOR PM-10 MEASURES. Mr. Turner addressed the Council relative to this agenda item and reported that the Town Council had previously approved a resolution expressing the Town's intention to proceed with all steps necessary in order to implement the MAG Five Percent Plan for PM-10 measures to reduce emissions by five percent per year. He said that staff had reviewed the existing Town codes and ordinances to identify areas that would require revision in order to comply with the requirements set forth in Senate Bill 1552 and had determined that revisions to the Town Code would be necessary. Mr. Turner stated that if initiated and subsequently adopted, the proposed amendments to the Town Code would include provisions for banning the municipal use of leaf blowers, banning anyone from blowing landscape debris into a public right-of-way, and controlling the use of off-road vehicles in unpaved areas. These areas were mandatory under Senate Bill 1552 and once adopted, in conjunction with other ordinance provisions already in place, would bring Fountain Hills' regulations into alignment with PM-10 requirements. Mr. Turner explained that this item was to initiate the process to make these changes and was not a decision to approve or reject the proposal at this time. If there were any changes to the proposal they could be made at the March 6th Council meeting where this item would be formally considered (proposed text amendments to Chapters 10 and 12 of the Town Code). Vice Mayor Dickey MOVED to initiate the proposed text amendment to Chapter 10 and Chapter 12 of the Town of Fountain Hills' Town Code and Councilmember Archambault SECONDED the motion. Vice Mayor Dickey discussed the leaf blower part and pointed out that there was a little bit of a difference between what was actually required than what was being proposed and she wanted to clarify and discuss this. Liw She said that the idea of prohibiting employees and contractors from operating leaf blowers within the Town limits except while in a vacuum mode was during high pollution advisory days, that was what was required. She added that as a Town they could go beyond that and the fact that they were initiating something that was really z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 7 of 15 good although not required would allow people to see this and understand it better. There had been indications of broad support of doing something about leaf blowers. The Vice Mayor said that she supported keeping the proposal the way it was until they had time to see the ramifications of it. She stated that she also had a proposed "C" on Section 10-7-1. Mayor Nichols commented that all they were discussing right now was the motion to initiate the fact that they want to make the changes and the changes would be brought back to the Council at a later date for discussion. Mr. McGuire advised that the proposed ordinance was still in his office for review and he reported that they were coordinating efforts in order to come up with a uniform adoption of a provision for the seven communities that they represented. He noted that the proposal before the Council was different in that it was more stringent than what State law required. He said that tonight staff was looking for initiation of the action but also direction on whether or not the Council wanted to initiate it in the more stringent form or conform directly to the Senate Bill or bring forward any other changes. The intent was to bring it back on the 6th of March but they could also do it on the 20th of March as long as the provision was adopted by March 31S` Councilmember Kehe asked whether this action was a precursor to wider implications. Vice Mayor Dickey replied that there was nothing State wide going on that was addressing this right now. The law that passed had three stipulations and some of them had to do with personal use and others with municipal uses and contractors. Those were the things that they had to go for. When they talked about their own environmental policy they discussed the things that they could do that go beyond in several areas and this was one of them. She added that if they decided to extend that particular thing it would be far reaching. She said that she did want to bring something else up if and when the Council was ready. Councilmember Kehe asked the Vice Mayor if she would prefer taking that step now or adopt the State's requirements. Vice Mayor Dickey stated that since they were only talking about Fountain Hill's employees and contractors and that was fairly limited, she certainly would be in favor of going beyond. She said she would like to apply it to every day in Fountain Hills,not just on high pollution advisory days as outlined by the State. Ms. Bender advised that there were no citizens wishing to speak on this item. Councilmember Schlum discussed the operation of vehicles on vacant lots and said that there were people not far from his home that purchased an adjoining lot and put in a small driveway thru the adjoining lot to access the back of the house or the trail. He had actually not seen it used but it was a vacant lot that they owned and they occasionally go up it to reach the back of their improved lot. He asked whether the State PM-10 mandate would prohibit that being used any longer. Mr. McGuire responded that that was one of the requirements that would be imposed according to the State law, the operation of vehicles on a vacant lot. The primary objective of this provision was to curtail the large scale uses(ATV's and off-road vehicles in larger areas) but the"reach" of the statute was very broad and talked about all vacant lots. If someone was going to use a vacant lot as a driveway access to another portion of the lot they would need to use dust control measures and treat it like a driveway. If they improved it to a dust-proof surface for use, it would be fine otherwise there would be a problem. Discussion ensued relative to the landscape contractor who cared for the Town's medians and another contractor who mowed lawns and took care of the washes and the fact that the only other people who would utilize leaf blowers could possibly be in Parks & Recreation; the fact that imposing this type of requirement might require the contractors to purchase different equipment or retrofit their existing equipment (vacuuming was a lot more labor intensive than blowing) and the fact that if the Town Council implemented the more stringent provision that would prohibit any Town contractor from using leaf blowers in the "blow mode" rather than the "vacuum mode" then discussions would have to occur with the contractors to discuss labor issues (require more time and possible change of equipment); the fact that such discussions might result in contract amendments and additional costs, and the fact that the provision was required to be adopted by the end of next month but was not z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 8 of 15 required to be enforced until the middle of 2009 (October) so there was adequate time for the discussions to occur with the contractors. Vice Mayor Dickey said she would like to ask if the Council would agree to also pursue the idea of no person operating a leaf blower within Town limits except in vacuum mode on high pollution advisory days. She stated that that would make a difference and would involve a limited number of days usually during the winter. Citizens could sign up on line to obtain text messages that would advise when HPA days would be occurring. In response to a question from Mayor Nichols as to whether this would require an amendment to the motion currently on the floor. Mr. McGuire responded that as long as staff received direction prior to the motion being voted on and there was a consensus to move on with certain provisions that would suffice or the Council could proceed with a formal amendment to the motion if they so chose. Mr. McGuire also advised that any enforcement that went beyond the State requirements would fall upon the Town since they would be adding Town Code amendments. They would be enforcing a State-wide mandate but it would be a local regulation. The more stringent regulations might include more code enforcement activity particularly in terms of HPA days. In response to a question from Councilmember Kehe, Mr. Ward stated that rakes could be used on the granite areas. He added that they saw a lot of blowing taking place in the streets and parking lot areas and stated the opinion that they were headed in the right direction and vacuum type devices as well as sweepers could be used instead of blowing the materials into the street. He noted that staff did review items such as these at the time the contracts were renewed. Councilmember Kehe stated support for the restricted use of gas blowers and said he would prefer to conform to the State's requirements. He added that he would not object to a broader application of that throughout the entire Town on HPA days but if they went beyond that as a first step he would have concerns. He said that he was going to make an amendment to the effect and even if it was "shot down"he would feel better making it. Councilmember Kehe MOVED to amend the motion to conform to the State regulations (use of gas blowers was prohibited on the commercial level on high pollution advisory days) and Councilmember Leger SECONDED the motion for purposes of further discussion. Vice Mayor Dickey commented that they were not doing anything binding at this point and said that they would have time to determine how much was being removed from the air by implementing these measures. They would also learn whether the restriction represented a hardship for the contractors and if it would cost the Town more money, etc. At this point she did not believe anything was binding so she would appreciate keeping this on there. She noted that they could always adopt the State mandate in time but stated she would like to explore beyond that. Councilmember Archambault concurred with the Vice Mayor's comments and said that obviously the labor rate was going to be more intensive. He said that he was going to wait until the Council had all of the information in front of them before deciding on amendments to the Code to determine whether it would be more appropriate to do that just on high pollution days (start there and take "baby steps"). He added that before staff came back to the Council on this issue he would like them to talk to the contractors and find out what their alternatives would be and associated costs. He would like to know the difference in contract costs if they just did it on HPA days or if they regulated it all the time for Town contractors and employees. Mr.Ward indicated staff's intention to obtain that information. Mayor Nichols asked for a vote on the amendment. The amendment to the motion FAILED UNANIMOUSLY by those present(6-0). z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 9 of 15 The Mayor then called for a vote on the main motion. The motion CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #9 — CONSIDERATION OF ORDINANCE 08-06, AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 10 — HEALTH AND SANITATION. IF ADOPTED THE AMENDMENT WOULD REVISE THE TOWN CODE TO RESTRICT THE HOURS OF OPERATION FOR COLLECTION OF REFUSE OR RECYCLING TO BETWEEN THE HOURS OF 6:00 A.M.AND 7:00 P.M.IN ALL ZONING DISTRICTS. Code Enforcement Officer Raymond Rees addressed the Council relative to this agenda item and stated that the Code Enforcement Division had received a number of noise complaints involving noise generated by the early morning pick-up of refuse and/or recycling. Staff had review the Town Code and no provisions to prohibit the hours of operation for refuse handlers existed. Staff's current method of responding to noise complaints was that Code Enforcement contacted the refuse hauling company in question and requested that they refrain from coming into Town before 6:00 a.m. In most cases this request had been met for a while but then early morning pick-up activity began again and resident complaints had increased. Mr. Rees said that staff conducted research of surrounding municipalities (Mesa, Glendale, Chandler, Tempe, Scottsdale and Gilbert) to determine how they administered their hours of operation relating to refuse and recycling collection. In most communities it was determined that the collection of refuse and recycling in residential areas was limited to between the hours of 6:00 a.m. and 7:00 p.m. Most had also adopted a policy of "out by 6:00 a.m. and in by 7:00 p.m."for all residential refuse and recycling receptacles. Mr. Rees informed the Council that if the amendment was adopted, the Town would restrict the hours of operation for refuse and recycling pick-up in all zoning districts within the Town to the same prescribed time limits. This consideration was requested for all zoning districts due to the unique layout and typography of the Town. Residential areas were in close proximity to commercial and industrial areas. The noise generated from the emptying of large refuse containers at commercial, industrial, and even some multi-family sites created an undue nuisance to the surrounding community. He added that the Director of Planning & Zoning, Code Enforcement and the Town Engineer met with the larger companies providing refuse hauling services to the Town. The topic of discussion included the probability of a text amendment to the Town Code restricting their hours of operation. These companies were willing to comply with the new regulations. Mr. Rees stated that staff recommended that the Town Council approve the proposed text amendment to Chapter 10—Health and Sanitation, of the Fountain Hills Town Code restricting the hours of operation for collection of refuse or recycling to between the hours of 6:00 a.m. and 7:00 p.m. in all zoning districts. He indicated his willingness to respond to questions from the Council. Councilmember Schlum MOVED to approve Ordinance 08-06 and Councilmember Leger SECONDED the motion. Councilmember Archambault asked Mr. Rees how many of the surveyed cities/towns had their own refuse collection and he responded that very few had their own. One of the towns contracted solely with one outside provider that had the same restrictions being proposed. He added that Scottsdale had their own refuse collector and they were allowed to go in at 5:15 a.m. but out of respect they had tried to curtail their activity until about a quarter to six. In response to a question from Councilmember Archambault relative to effects on construction dumpsters on job sites, Mr. Rees advised that they fell under a different Town Code, hours of operation for construction, a separate ordinance. Mr. Rees confirmed that the proposal only changed the hours that the trash/recycling providers collect the materials. z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 10 of 15 Mayor Nichols spoke in support of the proposal and said that hopefully this would reduce the number of e-mails he receives every month regarding the noise throughout the Town. lw In response to a question relative to enforcement from Councilmember Kehe, Mr. Rees advised that staff would continue to work with the trash haulers. He stated that they had good open communication with them and it would just be a matter of working with them. Mr. Rees reiterated that it would apply to all zoning districts. The Mayor called for a vote on the motion. The motion CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #10 — CONSIDERATION OF A CONSTRUCTION CONTRACT WITH ITS ENGINEERING AND CONSTRUCTORS TO CONSTRUCT A TRAFFIC SIGNAL AT PALISADES BOULEVARD AND SUNRIDGE DRIVE IN THE AMOUNT OF$359,419.20. Ms. Zanon pointed out that agenda items #10 and #11 would be covered under the same presentation but the Council would need to take action on each item separately(two motions) when it came to that point. Mr. Ward addressed the Council and said that they were here this evening to talk about a construction contact with ITS Engineering and Constructors to construct a new traffic signal at Palisades Boulevard and Sunridge Drive. He stated that Registered Civil Engineer Larry Woodlan would make a presentation to the Council on this item and added that Town Engineer Randy Harrel was also present this evening. He said that he was happy to report that they were enhancing pedestrian safety with this signal, making it safer for people to cross at this intersection and providing handicapped ramps as well for handicap access. Mr.Woodlan informed the Council that staff advertised for bids for this improvement and they were received on November 15t. There were five responsible bidders on the project and bids ranged from $349,419.20 to $415,000.00. He noted that Americans with Disabilities Act (ADA) access was included in the sidewalk and traffic signal pedestrian facilities. The low responsive bidder was ITS Engineering and Constructors ($359,419.20) and staff checked out their references and determined that they had a reputation for doing jobs on time and within the budget. He noted that the Engineer's estimate for the project was $430,000 so the bids came in substantially less than the estimate and the Town had$440,000 in the budget for the project. Mr. Woodlan stated that the Town Attorney had prepared the contract documents and the contractor had signed them. Once the contact was signed, the contractor would begin submitting shop drawings for materials. Some of the materials had a long time from ordering to delivery (approximately four months). Construction of the underground conduits and foundations was expected to begin when the contractor had received all the equipment. The Town would install three-way stop signs approximately one month before the contractor begins construction at the site. Frequently, a multi-way stop was an interim measure that could be installed quickly to control traffic while arrangements were being made for the installation of the traffic control signal. This procedure also gets drivers accustomed to stopping at the intersection (this procedure was followed when constructing the traffic signal at Saguaro and El Lago). Mr. Woodlan advised that the next item for approval on the agenda was approval of an easement with Sunridge Canyon Community Association. The easement was for underground equipment (traffic signal conduit and pull boxes) and provisions for a future right-turn lane if and when it was necessary. Mr.Woodland advised that staff recommended entering into an agreement with ITS Engineers and Constructors for the traffic signal at Palisades Boulevard and Sunridge Drive in the amount of$359,419.20 and recommended approving the resolution to enter into a public utility and facility easement with the Sunridge Canyon Community Association. He indicated his willingness to respond to questions from the Council. Mayor Nichols stated that at this time the Council would address Agenda Item#10, the awarding of the bid for the traffic signal construction on Palisades and Sunridge and entering into a contract with ITS Engineering and Constructors and accepting grants of easements from the Sunridge Canyon Community Association. z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 11 of 15 Councilmember Archambault MOVED to award the bid for the traffic signal construction at Palisades Boulevard and Sunridge Drive and enter into a contract with ITS Engineering and Constructors and Vice Mayor Dickey SECONDED the motion. Councilmember Leger commented that they were talking about a lot of money but said it was for a very important cause. In response to his comments, staff confirmed that funding for the project would come from Street Department funds. Mr. McGuire added that part of the project funding had been collected previously from MCO and the developers who had obligations for the signal a couple of years ago. Ms. Zanon stated that she would look into the matter and determine exactly where all of the funds were coming from. Discussion ensued relative to the fact that in the spring of 2007, staff conducted a preliminary warrant analysis on the intersection and determined that the traffic volumes had increased and traffic movements had increased; the fact that the Town hired CK Engineers to conduct the warrant analysis and study and determined that a traffic light was warranted at that location; the fact that the signals had time delays built into them; the fact that when traffic signals were put in street lights were required and efforts were expended to shield the lights in an effort to mitigate impacts on neighbors as much as possible; staff's discussions with residents of the Villas at Copperwynd that had taken place regarding this issue so that the homeowners were aware of what was going to occur; the fact that MCO and Suncor had supplemented the funding(approximately 10%to 20% and staff would provide actual numbers for the Council) and the positive impacts that the light would have on safety. The motion CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #11 — CONSIDERATION OF APPROVING RESOLUTION 2008-02, ACCEPTING A "PUBLIC UTILITIES AND FACILITIES EASEMENT' FROM THE SUNRIDGE CANYON COMMUNITY ASSOCIATION FOR THE TRAFFIC SIGNAL. Councilmember Archambault MOVED to approve Resolution 2008-02 accepting a Public Utilities and Facilities Easement and Vice Mayor Dickey SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #12 — PROGRESS REPORT ON THE ESTABLISHED ITEMS OF COUNCIL BUSINESS: A) DEVELOPMENT FEES ADJUSTMENT Interim Town Manager Kate Zanon reported that at the Special Session held on February 12th, the Council approved moving forward with the Notice of Intent that was posted on the website as of February 14t. There were a variety of other dates involved including a public hearing on April 18th and a meeting to adopt, if Council so chooses,on May 15t. B) DOWNTOWN DEVELOPMENT AGREEMENT/C-2 ZONING TO TCCD Ms. Zanon advised that the zoning was taken care of at the previous meeting and a meeting took place with the developer on February 8`h to follow up with the zoning change and discussions took place regarding the status of the project. Ms. Zanon stated that the zoning was a "piece of the puzzle" that the Town engaged in and it was now the developer's job to secure funding. The developer was in the process of having conversations with their different financiers on how that would take place. No specific request had been brought back to the Council about a further need; there had been discussions relative to potential Letters of Understanding or agreements. To date,they had not gotten back to the Town. C) ENVIRONMENTAL POLICY z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 12 of 15 Ms. Zanon noted that this issue was discussed at the February 12th Special Session and Council had given staff additional direction on how to keep the project moving forward. Lry D) GENERAL ACCESS TO THE MOUNTAIN PRESERVE Ms. Zanon said that there had been some general conversation about an agreement but there were still issues that were under discussion so nothing had been agreed upon at this time but that project was still being discussed. In response to a request from Councilmember Kehe for additional information relative to this issue, Mr. McGuire stated that the last discussions that occurred had to do with a couple of different proposals that came back from MCO as modifications to the agreement that the Council passed. A couple had to do with some technical changes that the Town was basically in concurrence with (fencing and being more descriptive on what they were talking about). There was also the issue of having a gate with a kiosk and a ranger signing people in and out at the bottom of the hill and staff"bounced" that idea off of the Town's insurance carrier and the same concern had come up when they previously talked about providing security for the site — that any kind of patrolling of the trail was going to cause them not to have as good a coverage as they would have without any coverage under the recreational user statute. That comment he believed was relayed to MCO through the Sonoran Conservancy and he was waiting to hear back from them on this matter. Mr. McGuire did receive a call from their attorney yesterday and they had not been able to discuss yet where they were but his voice mail indicated that he too had not been given any direction on that so this point would continue to be discussed. Mr. McGuire noted that the recreational user statute should not be endangered; they should protect themselves and MCO because it protected private property owners as well under that statute as best as possible. Providing rangers to patrol the property diminished their ability to use that statute. The insurance carrier had said "build it right, maintain it properly and leave it alone after that or build it right and leave it alone". The statute was meant for a private property or governmental entity to just open up the gates. MCO would have protection under the recreational user statute if it was held that they left their property open for public use. What they were trying to do by the hiking agreement in the licensing agreement was to make sure that they did not endanger that coverage for them or place the Town in a position where by utilizing the trail the Town was not covered by that statute as well. Additional discussion ensued relative to the fact that people from the Town and Scottsdale accessed the land through the Hidden Hills area, Copperwynd and the Scottsdale Preserve (using the paths that were already there); Mr. McGuire's stated that MCO would probably invoke the statute should anything occur as a result of that use; the fact that the Town Council was trying to protect the Town and MCO from using the land for reasons other than it was intended for. Councilmember Archambault commented on the fact that the Town was trying to work in coordination with MCO to protect their property and rights as much as the Town's. He added that they also had to look at the citizens of Fountain Hills and their pocketbooks. E) PREPARING A SOUND TOWN FINANCIAL FUTURE Ms. Zanon informed the Council that the Strategic Planning Advisory Commission's (SPAC's) Communications Subcommittee, led by Mr. Dunham, had been working with the Town's Public Information Officer as well as Town management to come up with an education program related to the property tax. This was strictly an educational effort. The Committee was looking at a variety of mediums to communicate including a video that will air on Channel 11 and would also be made available by CD, a brochure, articles in the Manager's Memo,press releases, direct mail information and a routinely updated frequently asked questions sheet. The plan was to start the education process approximately 60 days prior to the May 20th election so these materials coming forward between mid to the end of March. z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 13 of 15 Ms. Zanon added that the pro/con argument filing date resulted in the filing of nine arguments. The arguments would be contained in the Publicity Pamphlet that was to be mailed to every household in April. F) STATE TRUST LAND/ELLMAN DEVELOPMENT AGREEMENT Ms. Zanon reported that staff continued to meet with that team every two weeks and the Council would receive additional information during the next update relative to entering into a professional agreement with a traffic engineer to look at the impact of the study and the traffic report that was submitted to the Town. G) TOWN HALL WATER FEATURE AT AVENUE OF THE FOUNTAINS AND LA MONTANA DRIVE Ms. Zanon stated that staff had met with contractors and obtained proposals to do the concrete base work necessary to install all the water lines and the electrical work. The contract amount proposed right now was $23,538,under what was previously forecasted. She said she had some corrections to make-there was going to be a few date changes just to get the contract finalized. This would not be coming back to the Council until March 20th (not March 6th) and so construction would be slightly delayed and begin in late March and completed in late April approximately. H) TRAFFIC CONTROL AT AVENUE OF THE FOUNTAINS AND SAGUARO Ms. Zanon advised that the Council had already been updated on this item. A report related to the HAWK would be coming forward in the near future. Councilmember Kehe said that he had a question relative to item F and asked if staff was aware of any outside individual negotiating with the Ellman Company relative to plans for that tract of land (construction regulations such as maximum number of houses, etc.). Ms. Zanon stated that Ellman had a variety of consultants on their team, engineering and legal firms,but these were all people that had been on their team since the beginning. Councilmember Kehe said that he read an article in the paper that stated that a certain party had negotiated the number of homes down to 1,450 and wondered if that was a rumor or false statement. Ms. Zanon replied that Ellman properties was proposing 1,450 lots for the property but said that that was not a finalized number at this point in time. Mr. McGuire advised that staff was not aware of anyone who was officially negotiating on behalf of the Town but they did know that after application of the Town's ordinances and regulations,the Ellman Company came to the quick realization that 1,750 was never going to happen and they would be in the 1,400 range. That occurred pretty early on in the negotiations. Staff had advised the company that they had to do a very serious public outreach process beyond the normal process and they had been engaging in that. As part of the process they had been talking to other people but he was not sure in what capacity or what kinds of discussions had taken place. He emphasized that the only agreement that would set the cap on the number of homes was the amendment to the development agreement that staff was working on right now and that number had not been finalized. Councilmember Leger commented that it was his understanding that Ellman had independently made the decision to move from 1,750 down to the 1,400 range without the influence of outside parties. The Council had been at that number a long time ago. Councilmember Archambault stated that this Council was responsible for the development and they were doing their job. AGENDA ITEM#13—SUMMARY OF COUNCIL REQUESTS BY INTERIM TOWN MANAGER. Ms. Zanon said that she would talk with Nichols & Sons as well as other contract landscape companies that the Town uses to determine what the impact would be on no longer using leaf blowers. z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 14 of 15 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) OR DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: A. NONE. AGENDA ITEM#15—ADJOURNMENT Mayor Nichols said that before he asked for a motion to adjourn he wanted to make something perfectly clear that had been "muddled" out in the public. People had said that there was a pension plan for the Council that was in the budget. Early on last year they found out that some towns in the Valley were part of a contributory pension plan to reward their Councils for their dedicated service. Staff was directed to look into this around the time that the budget was being prepared and so a line item was put in to estimate what that was cost. It was not approved once they found out how much it would cost for past service ($79,000 - $80,000). The Council had decided not to go ahead with it because they felt it would not be fiscally responsible to do so. He said that it was still in the budget but would not be approved because the Council had "killed" the idea of moving ahead with a pension plan for themselves. Councilmember Archambault MOVED that the Council adjourn and Councilmember Schlum SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0).The meeting adjourned at 8:13 p.m. TOWN OF FOU AIN HILLS By Mayor W ly J. Nichols ATTEST AND PREPARED BY: Bevelyn J. B nde ,Town 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 21st day of February 2008. I further certify that the meeting was duly called and that a quorum was present. DATED this 6`h day of March 2008. Bevelyn J. B de Town Clerk z:\council packets\2008\r3-6-08\02-21-08 regular and executive session minutes.doc Page 15 of 15 J J