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HomeMy WebLinkAbout2008.0306.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 6,2008 Mayor Nichols called the meeting to order at 5:32 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 McMahan, 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. 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 STRTEGIC PLANNING ADVISORY COMMISSION.) Vice Mayor Dickey MOVED to convene the Executive Session and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). Councilmember Leger MOVED to adjourn the Executive Session at 5:48 p.m. and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). RETURN TO REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Nichols convened the Regular Session at 6:30 p.m. • INVOCATION—Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church • ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Councilmember Kehe, Councilmember Leger, Councilmember McMahan, 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. • MAYOR'S REPORT (i) None. Lay • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS z:\council packets\2008\r3-20-08\03-06-08 executive and regular session minutes.doc Page 1 of 14 J J * THE MAYOR WILL READ A PROCLAMATION DECLARING MARCH 11, 2008 AND MAY 20,2008 AS "GET OUT TO VOTE DAYS." Mayor Nichols stated that in the Gettysburg Address, President Abraham Lincoln referred to government "off the people, by the people and for the people." He added that government for the people provides citizens the right to vote and to decide who their leaders would be. He advised that the Town of Fountain Hill's Primary Election would be held on Tuesday, March 11, 2008, and a General Election on May 20, 2008, and declared March 11 and May 20, 2008 as "Get Out to Vote Days" in the Town of Fountain Hills and encouraged all registered voters in Town to exercise their fundamental right. * DEPARTMENT DIVISION INFORMATION OVERVIEW OF SERVICE PROVIDED — RECREATION PROGRAM(BRYAN HUGHES) Supervisor of Recreation Bryan Hughes addressed the Council relative to this agenda item and provided a brief informational overview of the services provided by the Recreation portion of the Parks and Recreation Department. (A complete copy of Mr. Hughes' presentation was on file in the office of the Town Clerk.) Mr. Hughes noted that the Department's Mission Statement was "To enhance the quality of life by providing and maintain safe, available and accessible parks and recreation services that would meet the intellectual, cultural, fitness and leisure needs of all residents." Mr. Hughes stated that the Recreation Division was made up of a small group of highly dedicated professional staff who truly enjoyed what they do and the services they provide to the residents of Fountain Hills and outlined the composition of the Division's staff and their various responsibilities. He discussed the various recreation programs (special interest programs, sports activities, youth and teen programs and community events and programs and highlighted those activities. He noted that in Lare addition to coordinating recreation programs and community events, the Recreation staff performed a variety of other functions for the Town and its partners, including serving as liaison to youth sports (Little League, Soccer Club, Pop Warner Football); partnerships with the School District (Intergovernmental Agreements, shared use of facilities, school athletics and park development); the public rental of park facilities (for birthday parties, wedding ceremonies, church socials and picnics) and providing community support (Parks and Recreation Commission, the McDowell Mountain Preservation Commission and the Public Art Program). Mr. Hughes also informed the Council that the Division had been extremely successful in securing Parks &Recreation Grants: Arizona State Parks (Desert Vista Neighborhood Park-$774,920); Arizona Sports&Tourism Authority (Desert Vista Neighborhood Park($252,000); Arizona Commission for the Arts (Concerts in the Park: $1,650 and Ballet Under the Stars: $1,750) and Target Local Stores Grant(November to Remember- $1,500) Mr. Hughes thanked staff for all of their hard work and efforts and expressed appreciation to the Council for their support and allowing him the opportunity to highlight the Division's operations and continuing goals. He indicated his willingness to respond to questions from the Council. In response to a question from Councilmember McMahan relative to the numerous ducks down at the park this year and the problem that posed, Mr. Hughes assured the Council that staff was on top of that issue. Mayor Nichols commented on the Concerts in the Park that took place on Sundays and stated the Lir opinion that a better time for them might be on Saturdays because the Town's businesses were not open on Sundays and they missed out on retail sales opportunities. He asked staff to consider changing the z:\council packets\2008\r3-20-08\03-06-08 executive and regular session minutes.doc Page 2 of 14 concert days from Sundays to Saturdays for next year's programming and Mr. Hughes said that staff would definitely follow up on this suggestion. He emphasized that their goal was to achieve high participation and attendance and help the businesses as much as possible. Mayor Nichols thanked Mr. Hughes for his presentation. * CALL TO THE PUBLIC There were no citizens wishing to speak. CONSENT AGENDA Mayor Nichols advised that staff had requested Consent Agenda Item#5 be continued indefinitely to allow the applicant time to reach agreement with the HOA regarding the acceptability of the improvements. AGENDA ITEM #1 -CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES OF FEBRUARY 12 AND 21,2008. AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY DOUGLAS SCHMIDT (ON BEHALF OF THE SHELLY COHEN FOUNDATION) FOR THE PURPOSE OF HOLDING A FUNDRAISER EVENT FOR NON- PROFITS IN FOUNTAIN HILLS, WHICH IS SCHEDULED TO BE HELD MARCH 15, 2008 IN FOUNTAIN PARK FROM 6:00 A.M.TO 9:00 P.M. AGENDA ITEM #3 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY KENNETH BOWMAN (ON BEHALF OF THE AMERICAN LEGION POST 58) FOR THE PURPOSE OF FUNDRAISING THAT IS SCHEDULED TO BE HELD MARCH 17,2008 FROM 9:00 A.M.to 11:59 P.M. Nird AGENDA ITEM #4 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY JIM HEASLEY (ON BEHALF OF THE FOUNTAIN HILLS DOWNTOWN BUSINESS COMMUNITY) AS SPONSORS OF THE THUNDERBIRD ARTISTS FINE ART AND WINE AFFAIRE SCHEDULED TO BE HELD March 21 - March 23, 2008 FROM 10:00 A.M. TO 5:00 P.M. AGENDA ITEM #5 - CONSIDERATION OF APPROVING RESOLUTION 2008-10, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN A PORTION OF THE CERTAIN DRAINAGE EASEMENT LOCATED IN EAGLE MOUNTAIN PARCEL 4, LOT 8 (REPLATTED) (9225 N. CRISMON CANYON) AS RECORDED IN BOOK 799 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY,ARIZONA. EA07-06(MUSCARELLO). NOTE: AS EXPLAINED ABOVE, AGENDA ITEM #5 WAS REMOVED FROM THE CONSENT AGENDA AND CONTINUED INDEFINITELY. Councilmember McMahan 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 Mayor Nichols Aye z:\council packets\2008\r3-20-08\03-06-08 executive and regular session minutes.doc Page 3 of 14 Councilmember McMahan Aye Councilmember Archambault Aye L' The motion CARRIED UNANIMOUSLY(7-0). ACTION AGENDA AGENDA ITEM #6 — CONSIDERATION OF APPOINTING A CITIZEN TO FILL A VACANCY ON THE STRATEGIC PLANNING ADVISORY COMMISSION. Mayor Nichols MOVED to approve the appointment of Charlotte McCluskey to the Strategic Planning Advisory Commission and Councilmember Kehe SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). Mayor Nichols requested that Ms. McCluskey stand and be recognized and thanked her for her willingness to serve the Town of Fountain Hills. AGENDA ITEM #7 — PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE #08-03, AN AMENDMENT TO THE FOUNTAIN HILLS ZONING MAP. IF ADOPTED, THE AMENDMENT WOULD RE-ZONE THE PROPERTY LOCATED AT 15431 N. CERRO ALTO DRIVE (PLAT 511, LOT 5) FROM R1-35 TO R1-43. CASE#Z2006-13. Mayor Nichols declared the public hearing open at 6:43 p.m. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and advised that The Vista at Fountain Hills had proposed nine lots in a single-family subdivision located at the address listed above. The application was for preliminary plat approval and the applicants had also requested a zoning change from R1-34 Noir Single Family Zoning District to the R1-43 Single Family Zoning District. (A complete copy of Mr. Rodgers' report was on file in the office of the Town Clerk.) Mr. Rodgers noted that the property was slightly larger than 29 acres and was currently vacant. The three most prominent features of the property include two washes (one along the north side of the property and one along the south side) and a ridge that ran right down the middle of the property. He referred to a topographic survey of the property as part of a PowerPoint presentation and noted the washes, the ridge and rock formations that had been identified. Mr. Rodgers explained that the proposal before the Council tonight was to create nine lots on a cul-de-sac approximately 1,400 feet long and noted that all of the lots conformed to the R1-43 Zoning District requirements. He noted that the building disturbance envelopes were being shown for each lot and said that the shaded areas represented the Hillside Protection Easement (HPE) areas. He also referred to an existing area of HPE that was created as the result of a transfer during the neighboring Sierra Madre Estates subdivision approval. He also pointed out that Tract A (in the corner) was a non-buildable tract (to be primarily used for drainage easements that run along both washes) and one running from the road down to the wash. He added that there was also a utility easement that ran from the cul-de-sac out the back. Mr. Rodgers informed the Council that the lots ranged in size from 1.62 acres to 5.95 acres and stated that while the size of the lots conform to both the R1-43 and R1-35 Zoning Districts, due to the zoning requirement that new lots had frontage area equal to 90% of the other lots within 800 feet in the same zoning district, the applicants had requested the zoning change to the R1-43 Zoning District. He noted that the applicant had provided a Proposition 207 waiver as a prerequisite to the zoning request. Mr. Rodgers further stated that the other lots in the R1-35 Zoning District were mostly quite large. Requiring Lithe new subdivision to meet the 90% rule significantly limited the number of lots that might be allowed (staff ,, estimates a maximum of five lots). Changing the zoning designation to the R1-43 would allow the subdivision to create lots that conformed to the 90% rule of the R1-43 District because they would only need to be compared z:\council packets\2008\r3-20-08\03-06-08 executive and regular session minutes.doc Page 4 of 14 to the Sierra Madre Estates' lots within 800 feet. Sierra Madre Estates' lots averaged slightly more than one acre in size. He added that it was also important to remember that whenever a zoning change was requested the Town Council must check for conformance to the General Plan Land Use Designation. In this case,the General Plan Land Use Designation was single family low density and both the R1-35 and R1-43 Zoning Districts fell Nog within that category. He stated that the request was therefore in conformance with the General Plan. Mr. Rodgers said that the request proposed an average lot size of 3.05 acres and an average lot frontage of 282 and this was where they ran into a problem because the 3.05 acres did not meet the requirements of the smaller R1-35 because the average size would be 5.7 acres but they did meet the smaller acreage requirement of slightly less than an acre. He noted that the Planning and Zoning Commission voted to forward a recommendation to approve the Preliminary Plat and re-zoning. Staff had objectively reviewed the proposal for conformance to both literal requirements as well as the intended requirements of the General Plan, Subdivision Ordinance and Zoning Ordinance and believed that the proposal met the technical requirements of the Town and recommended that the Council approve the Preliminary Plat and the re-zoning from R1-35 to R1-43 subject to the stipulations outlined in the staff report. Mr. Rodgers indicated his willingness to respond to questions from the Council and noted that the applicants were also present and planed to make a brief presentation and would also be happy to respond to inquiries as well. Mayor Nichols thanked Mr. Rodgers for his presentation. In response to a question from the Mayor, Town Clerk Bev Bender advised that three requests to speak on this agenda item had been submitted and the Mayor asked that they come forth when their names were called and present their remarks. Bob Sternfels, 16803 E. Palisades, an attorney representing the applicant, addressed the Council and stated that there were a couple of reasons behind the request for the re-zoning. First, the property had a history of going from original studies that recommended twenty units all the way down to the current nine lots. He said that the proposal showed the developer's commitment to keep the property at nine lots. He added that if they were to keep the existing R1-35 zoning and challenge the compatibility ordinance and won, then they would be able to build many, many more houses on the property. By changing the zoning they eliminated that possibility and eliminated the need for challenging the compatibility ordinance, which just did not fit this situation. He noted that the property to the east was School District property and clearly it was not the intent of the ordinance to require a house next to a school to be the size of a school. Likewise, the property to the west was much smaller (one-third acre lots down to one-half acre lots). He advised that the purpose of the request was to move forward with a very nice nine-lot subdivision, avoid any problems with the compatibility ordinance and good zoning requires common sense in such situations. He indicated his willingness to respond to any questions from the Council. (Vi Marsello, who submitted a speaker card, did not address the Council.) Vince Marsello addressed the Council and stated that because of the limited time he had been allotted, he would read a closing statement he had prepared that stated that because of the way these matters of importance had been handled by the Town staff and Planning & Zoning, it was his intent to refer the matter to the Arizona Attorney General's Office for full investigation of this and other possible improprieties. Mr. Marsello informed the Council that he resided at 15647 Cerro Alto Drive, which was in Plat 511, Block 1, Lot 1 and his was one of the five lots in question (Fountain Hills Estates subdivision). This property was accepted and approved by the Town of Fountain Hills from MCO zoned R1-35 and it should stay that way. Ordinance #08-03 and amendment to the Fountain Hills' Zoning Map and re-zoning of the property located at 15431 N. Cerro Alto Drive,Plat 511, Block 1,Lot 5 from R1-35 to R1-45 Case#2006-13 and recommended for approval along with a nine lot subdivision for the same address (Case #S2006-13) by the Town's Senior Planner, Robert Rodgers, and the Planning & Zoning Commission. This request for approval by the Council should not be considered because procedures were not followed by the Town's Senior Planner and the Planning z:\council packets\2008\r3-20-08\03-06-08 executive and regular session minutes.doc Page 5 of 14 and Zoning Commission. He came before the Council once before for the same plat and stated that notification had not been provided to the property owners with regard to condemning property and noted that the case was tabled. He said that he recommended that the same thing occur this time. Mr. Marsello advised that he had attended the February 14, 2008 Planning & Zoning Commission's meeting along with other property owners who reside within 300 feet of the plat and Mr. Rodgers informed them at that time that all residents within 300 feet had been notified by mail as per the Town's ordinance, which requires notification approximately 10 days prior to the case being heard in addition to posting of the said meeting. He said that he told Mr. Rodgers that the property owners were not notified about the February meeting or this meeting in writing but the Planning and Zoning Board chose to believe the Senior Planner and not the residents. The Planning and Zoning approved the request and it was being presented to the Council this evening. He stated that it was important that the proper procedures be followed and in this case they were not. Mr. Marsello expressed the opinion that the citizens' rights were taken away because due process was not followed. Mr. Marsello stated that consideration of this case should cease because proper notification was not sent out. He added, however,that a mailing was sent out by the Planning Department after the meeting on the 14th and it was postmarked February 19`h. Ms. Bender advised that there were no other citizens wishing to address the Council on this item and added that the architect for the project was present and had indicated his willingness to address the Council if they so desire. Mayor Nichols thanked the speakers for their comments. Mayor Nichols declared the public hearing closed at 6:55 p.m. AGENDA ITEM #8 - CONSIDERATION OF ORDINANCE #08-03, AN AMENDMENT TO THE cow FOUNTAIN HILLS ZONING MAP. IF ADOPTED, THE AMENDMENT WOULD RE-ZONE THE PROPERTY LOCATED AT 15431 N. CERRO ALTO DRIVE(PLAT 511,LOT 5)FROM R1-35 TO R1- 43. CASE#Z2006-13. Vice Mayor Dickey MOVED to approve Ordinance#08-03 and Councilmember Archambault SECONDED the motion. Councilmember Archambault requested that Mr. Rodgers provide information relative to the posting of information relative to this case. Mr. Rodgers stated that the original public hearings were posted, the property was posted and letters were sent out to the abutters. From the original time to the current time it was actually a continued hearing and staff was not required to send out notices for continued hearings. As a result of the Planning & Zoning Commission's hearing where they heard the objections, everyone was told that staff would send out notices regarding this meeting and that was why they had done so within the last couple of weeks. Councilmember Archambault referred to the utility easement and asked if it would be possible to take the easement in the other direction and follow the road. Mr. Rodgers said that the location was the choice of the Sanitary District. In response to additional questions from Councilmember Archambault relative to this issue, Dwayne Sickich, Engineer for the project, addressed the Council. Mr. Sickich said that when they originally laid out the plans they looked at both directions and after reviewing them with the Sanitary District they were asked to put the system in both directions. LeMr. Rodgers confirmed for Councilmember Archambault that if this was approved tonight,the Council was only approving a Preliminary Plat and said that it would be potentially possible for the applicant to change to one- acre lots and end up with 12 or 14 lots. He noted that the applicant had stated that there would only be nine lots. z:\council packets\2008\r3-20-08\03-06-08 executive and regular session minutes.doc Page 6 of 14 Councilmember Archambault stated that the applicant could sell the property, which they intended to do and once they obtained the entitlement and the next owner could potentially develop more than nine lots. Mr. Rodgers advised that under the R1-43 they could probably "squeeze in" 12 lots and possibly 14 with the help of a good land planner. In response to a question from Councilmember Kehe, Town Attorney Andrew McGuire stated that this request was for rezoning and the Council, acting in its legislative capacity, may exercise the most discretion under their authority. The next item on the agenda, the Preliminary Plat, was different in that it represented an administrative decision and more of a "check the box" provision. If the applicant met all of the administrative requirements for a subdivision, then denial based upon any other reason could be challenged as arbitrary and capricious. He added that this was a legislative decision to"up zone"the property to R1-43. Vice Mayor Dickey asked what was constraining the developer from doing what they wanted to do under the current zoning and Mr.Rodgers explained that the lot size requirement in the zoning district was not the limiting factor; it was the 90% or the compatibility rule. By making them compatible with the R1-35 lots that were within 800 feet, they must have at least 5.7-acre lots and they were creating an average of 3-acre lots and that did meet the R1-43 within 800 feet because that was only slightly less than an acre. Mr. Rodgers stated the opinion that the applicant was not planning to construct a school on the property. In response to a question from Councilmember Leger, Mr. Marsello (one of the previous speakers) stated that his opposition had to do with the fact that the only reason the developer wanted the zoning change was because by changing the zoning they would be able to get more homes on the property (from five to nine to whatever). He said that as a homeowner in 511, when he purchased his property he performed due diligence and found out that his property was accepted by the Town of Fountain Hills from MCO, it was platted and was to have one home per lot, whether the lot was 3.3 acres or 29.4 acres and caritas would be allowed. Based on that information he purchased his land and built a home and everyone else who purchased land in that area had been told the exact same thing (one house per lot). He said that then the citizens found out that Planning & Zoning was going to change this designation, without following the proper procedures. He added that the property should remain zoned R1-35 with one house per lot with a maximum of five lots. He stated that the Council should honor what they had previously agreed to do. Mr.Marsello stated that the property was not part of North Heights HOA but said that they followed North Heights'guidelines. In response to a question from Councilmember Leger, Mr. McGuire stated that he was not sure whether this property was governed by any enforceable CC&Rs and said that it would not be the Town's purview to enforce them; the Town could not enforce them even if they were aware of them. He further stated that the Town could not provide legal advice to the citizens but would advise them to find someone to talk to who practiced land use law. Mr. Sternfels readdressed the Council and stated that the CC&Rs on this property provided for lot splits and he agreed that it was not the Council's purview to become involved in private relationships. He added that MCO retained the right under the CC&Rs to exercise certain guidelines with respect to the houses that were going to be built on this property. In the mid 1990's, MCO advocated that authority to the Neighborhood Property Owners' Association (NPOA). He stated that if there were guidelines in place, the authority to exercise those guidelines was with NPOA. He assured the Council that after spending the extensive amount of money they have, the developer plans to follow those guidelines and the homes to be constructed on the property would in fact comply. He said that with respect to North Heights they had a judicial ruling, a judgment that had not been appealed and had been final for over two years that specifically stated that the property was not in North Heights. He added that as a condition of the Preliminary Plat, they had agreed to implement within their property new CC&Rs and form a homeowners' association. Mr. Sternfels informed the Council that he had met with Mr. Marsello who represented (they thought at the time) all of the property owners in the owner and he indicated that his main concern was to preserve property values in the area, which was everyone's main concern. He said that they sent out their own notice after the last Planning and Zoning Commission hearing to every abutting property owner inviting them to come to their office and discuss/review the plans. He added that they z:\council packets\2008\r3-20-08\03-06-08 executive and regular session minutes.doc Page 7 of 14 sent out over 40 notices and only one couple had come in to meet with them. He expressed the opinion that the neighbors supported the request because the nine lots, with an average of 3 acres per lot, were going to be a very (iiite beautiful addition to the community. In response to a request from Councilmember Leger, Mr. Sternfels advised that two ordinances applied to this case — one was the Hillside Ordinance and the other was the Compatibility Ordinance — and there would be challenges to both if this case was not approved. He stated that they did not want to do that; there was no need for additional litigation. He stressed that they wanted to work cooperatively with everyone to bring a good project forward. He said that as a result, they had committed to nine lots, down from twelve, and that had cost them$3 million. He discussed the extensive amount of money that had been spent to date on the plans. Mr. Sternfels, responding to a question from Councilmember Leger, reiterated that they had invited members of the neighbors to meet with them and only one couple had showed up. Councilmember McMahan said that he was familiar with the area and it was very beautiful and he was also familiar with the architects who would be designing the homes and they did great work. He asked whether the applicant could provide the Council with the assurance that there would be no more than nine lots on the parcel. Mr. Sternfels stated that he was authorized on behalf of the owner to give the Council that assurance. He noted that the owner was Mortgages Limited and they fully intended to sell this property to a developer who would develop nine lots. He added that they had been working with Planning and Zoning since 2005 on this project, spent over $200,000 on these plans, and they were going to move forward to get the final plat approved and do the improvements as well before selling the lots. Councilmember Archambault asked whether the client was willing to agree to a stipulation that they would move forward with a final recorded plat containing a maximum of nine lots and Mr. Sternfels responded that that was their intent and they would be willing to stipulate that fact. p,„ Mayor Nichols called for a vote on the motion. The motion CARRIED by majority vote (5-2) with Vice Mayor Dickey and Councilmember Leger voting Nay. In response to a question from Councilmember Archambault, Mr. McGuire recommended that the motion be clarified to state that an additional stipulation had been added to the conditions of approval that limits the number of lots to nine. He suggested that they make a motion to reconsider. Mayor Nichols MOVED to reconsider and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). Councilmember Archambault MOVED to amend the initial motion to add that the final plat would be recorded with only nine lots and Councilmember Schlum SECONDED the motion. Councilmember Kehe asked whether a future developer would be restricted to the nine lots and Mr. McGuire replied that a new owner would have to come before the Council for any change (an amended plat) and it would be up to the Town Council to approve or deny any such change. Vice Mayor Dickey commented that the current owner of the property was not the future owner and she was uncomfortable with that part of it. Mayor Nichols called for a vote and a roll call vote was taken with the following results: cloe Councilmember Leger Nay Councilmember McMahan Aye Councilmember Schlum Aye z:\council packets\2008\r3-20-08\03-06-08 executive and regular session minutes.doc Page 8 of 14 Mayor Nichols Aye Vice Mayor Dickey Nay Councilmember Kehe Nay Councilmember Archambault Aye The motion CARRIED by majority vote(4-3). Mr. McGuire stated that the vote was on the amendment and now the Council needed to vote on the amended motion. Mayor Nichols called for a vote on the main motion with the amendment and a roll call vote was taken with the following results: Councilmember Archambault Aye Councilmember Schlum Aye Councilmember Kehe Aye Councilmember Leger Nay Councilmember McMahan Aye Vice Mayor Dickey Nay Mayor Nichols Aye The motion CARRIED by majority vote (5-2). AGENDA ITEM #9 — CONSIDERATION OF THE PRELIMINARY PLAT FOR A 9-LOT SINGLE- FAMILY SUBDIVISION ENTITLED "THE VISTA AT FOUNTAIN HILLS, REVISED PRELIMINARY PLAT," LOCATED AT 15431 N. CERRO ALTO DRIVE (PLAT 511, LOT 5). CASE #S2006-23. See discussion under Agenda Item#8 for the presentation. Councilmember Archambault MOVED to approve the Preliminary Plat for a 9-lot single family subdivision called"The Vista at Fountain Hills" and Councilmember McMahan SECONDED the motion. In response to a comment from Vice Mayor Dickey, Mr. McGuire stated the opinion that this motion should be stipulated in the same manner as the previous motion (knowing of course that all of it was subject to reconsideration at a later date by a future Council). Mr. McGuire confirmed that this Preliminary Plat was consistent with the rezoning just voted on by the Council. Vice Mayor Dickey said that given the fact that the zoning had already been changed it would make sense to support keeping the number of lots to nine and Mayor Nichols responded that that was part of the motion. The motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #10 — CONSIDERATION OF ORDINANCE 08-05, AMENDING CHAPTER 10 — HEALTH AND SANTATION AND CHAPTER 12—TRAFFIC,OF THE TOWN CODE. IF ADOPTED, THE AMENDMENTS WOULD REVISE THE TOWN CODE TO BRING THE TOWN INTO COMPLIANCE WITH NEW STATE LAW AND THE MARICOPA ASSOCIATION OF GOVERNMENTS FIVE PERCENT PLAN FOR PM-10 MEASURES. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and stated that PM-10 was an acronym for Particulate Matter "less than 10 micrometers in diameter." He added that it was one of the standards by which municipalities in Arizona complied with the provisions of Senate Bill 1552 Air Quality Program adopted as Arizona Revised Statute 9-500.04. He advised that Town Council Resolution #2007-45 outlined the Town's intention to proceed with all steps necessary in order to implement the MAG five percent plan's measures to reduce PM-10 emissions by five percent per year. He noted that the Town Council voted to z:\council packets\2008\r3-20-08\03-06-08 executive and regular session minutes.doc Page 9 of 14 initiate these ordinance changes on February 21, 2008. He added that included in the necessary steps to compliance were the revisions to the Town Code before the Council this evening. He noted that the changes \owmust be adopted prior to March 31, 2008. The proposed amendments included provisions for banning the blowing of landscape debris into the public right-of-way, controlling the parking of motor vehicles in unpaved areas and controlling the use of off-road vehicles in unpaved areas. The proposed amendments also included provisions for compliance monitoring and enforcement of the new provisions. Mr. Rodgers informed the Council that inspection and enforcement would primarily be the responsibility of the Town; however, County and State inspectors might also occasionally be involved. He emphasized that the changes were mandated but unfunded and once adopted in conjunction with other ordinance provisions already in place, as well as other State laws, this would bring Fountain Hills' regulation into alignment with the PM-10 requirements of Senate Bill 1552. He said that staff recommended approval of Ordinance 08-05 as presented and outlined in the staff report. Mayor Nichols thanked Mr. Rodgers for his presentation. Vice Mayor Dickey MOVED to approve Ordinance 08-05 (the text amendments to Chapter 10 — Health and Sanitation and to Chapter 12 — Traffic, of the Fountain Hills Town Code and Councilmember Leger SECONDED the motion. Vice Mayor Dickey said the part about leaf blower use by Town employees or contracted employees only using the equipment in the vacuum mode during High Pollution Advisory (HPA) days was not a Code change at this time. She stated that she had talked about perhaps amending that to the rest of the Town on HPA days but instead of doing that right now she would ask if they would all agree that they could try some public outreach or some education. She referred to some information she had brought with her to the meeting and said that working with Public Information Officer Katie Decker and other staff perhaps they could make sure that people were aware of when HPA days were in effect. She advised that citizens could sign up on the ADEQ website and receive text messages advising of HPA days and said that the newspaper reported those days and they could conduct some outreach with the School Districts. She noted that in 2006 there were approximately 20 HPA days and that number was reduced to 10 days in 2007 so it was not too much of a hardship to ask people to not blow debris around on HPA days. She said that at this time she would not formally propose anything but at the end of the meeting, when they discussed things they were asking for, perhaps they could discuss doing some outreach and education in this important area. She added that, in May, when they talked more about the Town's Environmental Policy she intended to bring this issue up again. Councilmember Kehe commented that the last time they talked about the non use of blowers that it apply on HPA days and Vice Mayor Dickey had talked about it applying to commercial users and Town staff on all days. He asked if she had dropped the latter intent. The Vice Mayor replied that there were two parts to it and in her opinion they could set an example as a Town and utilize contractors who work only in the vacuum mode or used other methods, such as other larger cities did. She added that at this point she was not suggesting that or to formalize the other, which would be Town-wide non-use except in vacuum mode on HPA days. She was not suggesting any such formal action at this time other than adopting the State's PM-10 because it was time sensitive and must be adopted by the end of March. Councilmember Kehe stated that he could support it without the every day commercial restriction and the staff restriction. He said it was appropriate to take some small steps before they took the big step. Councilmember McMahan advised that he too would support adopting the State's PM-10 regulations. Councilmember Schlum asked what the State had said about enforcement and Mr. Rodgers replied that it would L., be up to the Town to enforce the regulations and said that the State might help out occasionally with an inspector just to check on the Town's performance. Councilmember Schlum noted that the County was quite z:\council packets\2008\r3-20-08\03-06-08 executive and regular session minutes.doc Page 10 of 14 diligent in dust enforcement,particularly around construction sites, and asked if that would be carried forward in this regard. The Vice Mayor advised that the County was going to hire a lot more inspectors but as far as the Town went, staff would be responsible for the enforcement of the ordinance. Councilmember Kehe stated that he had the proposed ordinance in front of him and on Page 1 there were only two items: 1) It shall be unlawful for any person to operate a leaf blower to blow landscape debris or dust into a public roadway and 2) Leaf or air blowers used for landscape maintenance having a 50 cubic centimeter engine or larger were prohibited. He asked what he was missing. Mr. Rodgers explained that the part he believed Councilmember Kehe was worried about was the municipal use on leaf blowers during the HPA days and said that that was part of the PM-10 State law, which the Town would have to abide by and did not need to be included in the local ordinance. Discussion ensued relative to the fact that enforcement would cost all of the consumers at some point; impacts of current municipal contracts and the fact that staff had contacted the contractors and were starting to work through that process; the fact the Town would have to enforce the engine size requirement and implementation had not yet been discussed and the importance of using common sense enforcement and concerns educating the public about this issue. Ms. Zanon stated that staff was preparing a communication plan relative to this regulation and the first piece was to adopt the ordinance but staff could not move forward until they were sure what direction the Council was going to go in regarding the ordinance(just adopt the State regulations or adopt more stringent regulations). She said that once the ordinance was adopted and staff had clear direction the communication process could begin. Ms. Zanon noted that all other provisions within the ordinance (other than the leaf blowers) would not come into effect until October 2009 so most of the components had a very long outreach time to help citizens understand the regulations and make any necessary changes. She added that with respect to leaf blowers, staff had already communicated with the Town's contractors so they were aware of the ordinance and Code Enforcements, on their site visits, had been paying attention to what was going on in the community and they really had not noticed any violations of concerns happening on a frequent basis. She explained the warnings/penalty process and emphasized that there would be sufficient time to communicate with anyone who was in violation. Ms. Zanon added that starting tomorrow outreach would begin as far as the regulations the Council chose to adopt and that would go out in a press release and there would be information placed on Channel 11, on the website, etc. She said that there would be many opportunities for community communication. Mayor Nichols stated that this was the right thing to do and the Town had not really made the public aware of what the penalties could be. He noted that the downside of not complying would be a loss of Federal funding for the State, a major impact. He requested that the communication efforts let the citizens know these important facts. Vice Mayor Dickey stressed the importance of everyone working together in the spirit of communication to accomplish the ultimate goals that would benefit everyone. Mayor Nichols called for a vote on the motion. The motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #11 — PROGRESS REPORT ON THE ESTABLISHED ITEMS OF COUNCIL BUSINESS: A) DEVELOPMENT FEES ADJUSTMENT z:\council packets\2008\r3-20-08\03-06-08 executive and regular session minutes.doc Page 11 of 14 Interim Town Manager Kate Zanon reported that staff was on schedule for the public hearing on April 15th. B) DOWNTOWN DEVELOPMENT AGREEMENT/C-2 ZONING TO TCCD Ms. Zanon advised that the zoning change was on February 7th so they were coming to the end of the 30-day process. At the most recent meeting with the Downtown Development Team (February 28th), they discussed a few more details on the future development of the property. No significant changes could be reported at this time. C) ENVIRONMENTAL POLICY Ms. Zanon noted that staff was still working towards coming back to the Council in May to further discuss the program areas and discuss more policy. She added that staff had submitted a request for a grant from ADEQ to help the Town hold a Hazardous Waste Collection event sometime next fall if the funding was approved. D) GENERAL ACCESS TO THE MOUNTAIN PRESERVE Ms. Zanon reported that staff continues to work with MCO on this and the Town Attorney was informed that Roy Kinsey of the Sonoran Conservancy had been in communication regarding some of the Town's concerns still related to security issues. The attorneys had also been communicating via e-mail but unfortunately MCO's attorney had been out of town for the past week due to other legal obligations. Communications would continue. E) PREPARING A SOUND TOWN FINANCIAL FUTURE The SPAC Communications Sub-Committee continues to work with Town staff on trying to get the communication's plan out and the intent was to begin about 60 days prior to the election. This was strictly „ informational and would touch on a variety of Town education mediums. In addition, the pro/con argument date passed on February 20th (for the publicity pamphlet) and the pamphlet was in the process of being prepared. There were 9 arguments filed with the Town Clerk's Office and the pamphlet would be mailed out in April to every household containing a registered voter. She added that staff had been working through the SPAC Revenue Solutions package for the last few months and the item relating to lot coverage allowance and R1-43 lots being 15% at the current time. There was a suggestion to increase the lot coverage to 20% to allow for larger homes (allowing the Town to collect more revenue on fees). Staff had done the necessary background work on this and if Council was interested in doing this, the matter could go to the Planning & Zoning Commission for ordinance initiation. The Planning and Zoning would then schedule a public hearing and it would come before the Council for a public hearing. She requested direction from the Council. Mayor Nichols noted that he and other members of the Council indicated their support for moving forward with that and Ms. Zanon said that staff would proceed with the initiation. F) STATE TRUST LAND/ELLMAN DEVELOPMENT AGREEMENT Ms. Zanon reported that staff continues to meet with the team and the plan and proposed rezoning was transmitted for review on January 23rd and several open house sessions were held and well attended. Staff continues to work through the draft development agreement and to meet with them every two weeks. G) TOWN HALL WATER FEATURE AT AVENUE OF THE FOUNTAINS AND LA MONTANA DRIVE Ms. Zanon stated that discussions had taken place with the artist and the clay form of the artwork had been sent Lor, to the factory for bronzing. The completion date for the bronzing was approximately March 25th and at that time z:\council packets\2008\r3-20-08\03-06-08 executive and regular session minutes.doc Page 12 of 14 the figures came back for the patina finish. The final delivery date was not specifically known but would be well within the May 15th deadline. The site work that had to be put in place would be on the March 21st agenda. H) TRAFFIC CONTROL AT AVENUE OF THE FOUNTAINS AND SAGUARO Ms. Zanon said that the work order for the new U-Turn was approved at the last meeting and work had begun. All of the new signage and striping related to the U-Turn would be done in house. Staff would continue to monitor traffic flow at the Avenue of the Fountains and Saguaro and anticipate the completion of the U-Turn would occur three to four weeks before staff would come back to talk to Council about the HAWK Signal. Ms. Zanon advised that at the end of the last Council meeting there was an item on the agenda related to the traffic control at Palisades and Sunridge and some discussion occurred relative to how that was being paid for. She said that she had informed the Council that she would research this issue and update the Council and it was her intention to do so at this time. She noted that on Page 203 of the Budget document, this item was clearly spelled out and the actual project would be paid out of development fees. Discussion ensued relative to the fact that the dollar figure was not specific just to the signal; there was a variety of items in there; the passage of the TCCD (Koznoff) and delays and the fact that staff last met with the development team on February 28th and discussion took place relative to the fact that they had been meeting as a team and getting their financing in place and moving forward and that the applicant hoped to be closing by April 23rd (not a hard date, just a window); they had not indicated any specific concerns; delayed access to the Mountain Preserve and the fact that communications with MCO's local Counsel, Mr. Gilbert, were via telephone and e-mail due to a trial he was involved in and Mr. McGuire's discussion with Mr. Gilbert prior to this meeting to carve out some time tomorrow to discuss this issue because he would be leaving the country for a few weeks; the fact that staff had received another letter from a developer who desires to construct a portion of Eagle Ridge Drive and possible impacts; the fact that staff had resolved with the Town's insurance carriers the issue of any use of security on the trail itself would endanger coverage of the Recreational User statute and those concerns had been expressed to MCO (and Mr. Kinsey he believes also expressed those concerns to MCO); and Nil) the fact that at this point in time staff could not predict the outcome. Councilmember Kehe commented that hopes had been high for a long time and those hopes had been "dashed" over the last few months to the point that the Sonoran Conservancy was re-examining their position about conducting future guided hikes. He said that they should be pressing this issue and getting a yes or no kind of answer because it had gone on too long. Mr. McGuire stated that staff thought they had done that based on Council's direction but staff had received mixed signals and counter proposals since that point. Councilmember Archambault suggested that this issue be placed on the agenda of the next meeting (access to the trailhead) for Council discussion and direction to staff. Mr. McGuire explained that the Council could take any of the available routes to place the item on an agenda between now and the next meeting. AGENDA ITEM#12—SUMMARY OF COUNCIL REQUESTS BY INTERIM TOWN MANAGER. Ms. Zanon said that staff had received one request relative to the communication's efforts as part of the PM-10 Measures to add communication on HPA days. AGENDA ITEM #13 — 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: z:\council packets\2008\r3-20-08\03-06-08 executive and regular session minutes.doc Page 13 of 14 A. NONE. Lie AGENDA ITEM#14—ADJOURNMENT Councilmember McMahan MOVED that the Council adjourn and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY(7-0).T meeting adjourned at 8:04 p.m. TOWN OF FOUNT N HILLS By ayor all J. o s ATTEST AND PREPARED BY: ALCr32,46ildeBevelyn Jn own 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 6th day of March 2008. I further certify that the meeting was duly called and that a quorum was present. DATED this 20th day of March 2008. Bevelyn J. n Town Clerk L z:\council packets\2008\r3-20-08\03-06-08 executive and regular session minutes.doc Page 14 of 14 J