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HomeMy WebLinkAbout2008.0417.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL April 17,2008 Mayor Nichols called the meeting to order at 5:13 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 and Councilmember Archambault. Town Attorney Andrew McGuire, Interim Town Manager Kate Zanon and Town Clerk Bev Bender were also present. Vice Mayor Dickey was not present at this time. The Vice Mayor joined the meeting at 6:59 p.m. 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 CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY SHALL PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH WRITTEN NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN TWENTY-FOUR HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER THE DISCUSSION SHOULD OCCUR AT A PUBLIC MEETING. (SPECIFICALLY, TO INTERVIEW ONE APPLICANT FOR THE PURPOSE OF FILLING ONE VACANCY ON THE STRATEGIC PLANNING ADVISORY COMMISSION); AND (ii) LPURSUANT TO §38-431.-3(A)(4), FOR DISCUSSION OR CONSULTATION WITH THE i, ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION. (SPECIFICALLY, a) NEGOTIATIONS REGARDING A POTENTIAL DOWNTOWN DEVELOPMENT AGREEMENT, b) THE FIREROCK TAX LITIGATION AND c) A PROPOSED TOWN MANAGER CONTRACT.) Councilmember Archambault MOVED to convene the Executive Session and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). Councilmember Leger MOVED to adjourn the Executive Session at 6:20 p.m. and Councilmember Kehe 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—Ms. Susan Ducot, Baha'i Faith Community • 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 and Councilmember Archambault. Town Attorney Andrew McGuire, Interim Town Manager Kate Zanon and Town Clerk Bev Bender were also present. z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 1 of 17 • i • MAYOR'S REPORT Mayor Nichols commented on an order issued by the Governor and said that Governor Napolitano, by virtue of the authority vested in her by the Constitution and laws of this State, had designated April as Water Awareness Month. He advised that the Governor had order the Department of Water Resources to work with cities and towns to provide them with the tools and resources necessary to give communities the ability to implement strong, effective water conservation programs; develop a water conservation tool kit, including resources to reduce exterior water use in landscaped areas, for communities to assist them in building strong, effective conservation programs; create a water wash community certification program in an effort to promote greater awareness of water issues through education, action and celebration. He said that the Governor had called upon citizens throughout Arizona to become more aware of their water use habits and determine where they could reasonably reduce their water use. He added that the Governor also encourages all towns and cities to put into place programs that promote education, action and celebration of water as an essential resource to their lives and economy. He further stated that the Governor was calling upon local and State governments and Federal agencies to increase water conservation and public awareness programs. • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Recognition of outgoing Senior Services Advisory Commissioner Dan Coughenour. Mayor Nichols requested that Dan Coughenour come forward at this time and thanked him for serving on the Senior Services Advisory Commission from January 2006 to February 2008. He said that Town Council and staff appreciate Dan's dedication and service to this Board and the Fountain Hills Community. The Mayor presented Mr. Coughenour with an official Town of Fountain Hills pin. * CALL TO THE PUBLIC Town Clerk Bev Bender advised that two citizens wished to address the Council under this agenda item. Richard Poeschl addressed the Council and said that he was speaking on behalf of approximately 20 homeowners in the East Crystal Ridge Homeowners Association. He thanked the Council for the opportunity to address them and distributed copies of a document dealing with major concerns of the Association and property owners relative to Crystal Ridge Drive. A construction project started approximately one year ago in the area and since that time it has negatively affected property values in the neighborhood because the project had "stalled" and no work had been done on it. There were piles of dirt on the site, exposed pipes and fire hydrants, etc. Three homes on that street have been on the market for over a year now and have not sold and another in close vicinity went into foreclosure because the house did not sell. He displayed photos depicting the site and the project and noted that dump trucks from other organizations were dumping debris on the site as well. He referred to photos that showed piles of trash, debris and asphalt and said that snakes have been sighted in that area. He also discussed the large piles of dust that continuously blow and expressed concerns relative to health issues. Mr.Poeschl advised that he had been working with Town staff for the last year in an effort to get issues resolved and said that Judy had done a tremendous job. John Frank, President of the East Crystal Ridge Homeowners Association, addressed the Council and thanked Ms. Bender for her assistance in this matter. He noted that ten to twelve of the 74 homes in their area were being affected by the situation referred to by Mr.Poeschl. He requested the Council's assistance in this situation z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 2 of 17 and highlighted the contents of the handout that was previously distributed. Mr. Frank discussed the Association's major concerns; requested assistance by the Council in several areas including requiring the developer to appear before the Town Council and state his intentions with respect to developing the property. He also requested that the developer be required to provide a "Start Date" and a "Completion Date" for the project and that he be ordered to remove all debris, machinery, etc. within ten days of notification. He added that the developer should also be required to water the entire parcel every day beginning ten days after notification and landscape the entire parcel in the event that his stated"Start Date"was not in 2008. Mr. Frank also requested, on behalf of the Association, that the Council appoint a single Town official who would have the responsibility to monitor the status of the property and ensure that the developer performed all duties required in a timely manner. He also asked that the Town agree to perform the duties of the developer should he fail to perform them himself and then obtain reimbursement from the developer for all costs incurred in addition to any fines that the Town may levy. Mayor Nichols thanked the speakers for their comments and requested that Interim Town Manager Kate Zanon look into the situation, determine what steps should be taken. CONSENT AGENDA AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES OF MARCH 28 AND APRIL 3,2008. AGENDA ITEM #2 — CONSIDERATION OF APPROVING A PRELIMINARY AND FINAL PLAT FOR "FOUNTAIN HILLS PLAZA," LOCATED AT 16605 E. PALISADES BOULEVARD. CASE #S2008-02. Councilmember McMahan MOVED to approve the consent agenda as listed and Councilmember Archambalult 1/41010, SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Dickey Absent Mayor Nichols Aye Councilmember Leger Aye Councilmember Schlum Aye Councilmember Kehe Aye Councilmember McMahan Aye Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY by those present(6-0). ACTION AGENDA AGENDA ITEM #3 — CONSIDERATION OF APPOINTING A CITIZEN TO FILL A VACANCY ON THE STRATEGIC PLANNING ADVISORY COMMISSION. Mayor Nichols MOVED to appoint Alan Siebel to fill a vacancy on the Strategic Planning Advisory Commission (SPAC) for a two-year term and Councilmember Leger SECONDED the motion, which carried UNANIMOUSLY by those present(6-0). AGENDA ITEM #4 — CONSIDERATION OF APPOINTING ONE CITIZEN TO FILL A VACANCY ON THE SENIOR SERVICES ADVISORY COMMISSION. z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 3 of 17 Mayor Nichols MOVED to appoint Jim Judge to fill a vacancy on the Senior Center Advisory Commission and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #5 — CONSIDERATION OF APPROVING RESOLUTION 2008-08, DECLARING THE "2006 INTERNATIONAL BUILDING CODE" THE "2006 INTERNATIONAL MECHANICAL CODE," THE 2005 NATIONAL ELECTRICAL CODE," THE "2006 UNIFORM SWIMMING POOLS SPA AND HOT TUB CODE," THE "2006 INTERNATIONAL ENERGY CONSERVATION CODE," THE "2006 INTERNATIONAL FIRE CODE," AND THE "2006 FOUNTAIN HILLS AMENDMENTS TO THE 2006 INTERNATIONAL BUILDING CODE, THE 2006 INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, THE 2006 INTERNATIONAL ENERGY CONSERVATION CODE AND THE 2006 INTERNATIONAL FIRE CODE,THE 2006 INTERNATIONAL RESIDENTIAL CODE, THE 2006 INTERNATIONAL FUEL GAS CODE AND THE 2006 INTERNATIONAL PLUMBING CODE"AS PUBLIC RECORDS. Interim Town Manager Kate Zanon addressed the Council relative to this agenda item and stated that Chief Building Official Peter Johnson was present to respond to any questions from the Council. She explained that this item would update the current 2003 codes to the 2006 codes. Councilmember Leger MOVED to approve Resolution 2008-08 and Councilmember McMahan SECONDED the motion. There were no questions for Mr. Johnson and the Mayor called for the vote. The motion CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #6 — CONSIDERATION OF APPROVING ORDINANCE 08-07 ADOPTING BY REFERENCE THOSE CERTAIN DOCUMENTS DECLARED AS PUBLIC RECORDS BY RESOLUTION 2008-08. Councilmember McMahan MOVED to approve Ordinance 08-07 and Councilmember Leger SECONDED the motion. There were no questions from the public or the Council and the Mayor called for the vote. The motion CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #7 — CONSIDERATION OF ORDINANCE 08-09, AMENDING CHAPTER 10 — HEALTH AND SANITATION OF THE TOWN CODE TO BRING SUCH SECTION INTO COMPLIANCE WITH THE REQUIREMENTS OF SENATE BILL 1552 AND THE MARICOPA ASSOCIATION OF GOVERNMENTS FIVE PERCENT PLAN FOR PM-10 MEASUREMENTS. Councilmember McMahan MOVED to approve Ordinance 08-09 and Councilmember Archambault SECONDED the motion. Ms. Zanon advised that Senior Planner Bob Rodgers was available to respond to any questions. In response to a request from Councilmember Schlum, Mr. Rodgers advised that Staff's recommendation was to approve the amendment to Ordinance#08-05 eliminating references to the leaf blower engine size. The motion CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #8 —PUBLIC HEARING TO RECEIVE COMMENTS ON RESOLUTION 2008-16, A PROPOSED AMENDMENT TO THE TOWN OF FOUNTAIN HILLS GENERAL PLAN 2002, z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 4 of 17 RELATING TO APPROXIMATELY 3.57 ACRES OF LAND LOCATED NEAR THE SOUTHEAST CORNER OF FOUNTAIN HILLS BOULEVARD AND SHEA BOULEVARD. CASE#GPA2007-02. Mayor Nichols declared the public hearing open at 6:49 p.m. Mayor Nichols advised that Agenda Items 8, 9, 10, 11, 12, 13 and 14 all applied to this one item and therefore there would be only one presentation made by staff that would cover all of those items. Councilmember McMahan reclused himself from participating in agenda items 8, 9, 10, 11, 12, 13 and 14 due to a possible conflict of interest and left the meeting at 6:50 p.m. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and explained that this was an application from MCO Properties for four approvals for the property located at 16875 E. Firerock Country Club Drive, also known as the Firerock Sales & Information Center. The first request was for a replat on parcel A-1 into two lots; the second was a General Plan land use amendment, a map amendment that would change the use from multi-family medium density to office; the third request was an area specific plan map amendment that would change the use from multi-family medium density to office and the fourth request was a rezoning in the Ml-PUD to the C-C-PUD. The applicants were requesting these approvals to facilitate transferring a portion of the property to the Firerock HOA and so that they might continue to operate the real estate sales and information office. Failing to obtain these approvals the property would remain as one parcel and the sales office would be required to remain closed as their temporary use permit had expired. Mr. Rodgers referred to slides depicting the various requests and provided information relative to the various issues involved. He noted that the operation of the sales and information center was originally approved through a temporary use permit so that the Firerock Country Club lots could be sold from this location. The use was required to stop once all of the lots had been sold; however, the applicants wish to continue the office use for coyclub membership sales and additional real estate sales. The Planning & Zoning Commission voted on March 27th to forward recommendations to approve the General Plan area specific plan zoning amendments. They did not review the replat. Staff recommended that the Town Council approve the final replat, the General Plan amendment, the area specific plan amendment and the rezoning as outlined in the staff reports. Mayor Nichols thanked Mr. Rodgers for his overview. Mayor Nichols asked if there were any citizens who wished to present input on all of the items referenced above at this time. Ms. Bender advised that three citizens had submitted requests to speak and the Mayor asked them to come forward as their names were called. Steve Morgan, a resident of Firerock Country Club, addressed the Council and said that he was a member of the Board of Directors of the Firerock Community Association and speaking on behalf of the owners of approximately 140 residences at Firerock. He advised that the Association's Board of Directors was wholeheartedly in favor of this proposed rezoning of the property from multi-family housing to commercial. He added that they were certainly not interested at all in having multi-family housing constructed at the entrance to their club and property. He said that their understanding was that MCO, the owner of the property, wished to rezone the property so that they might resume using the site as a sales office and information office for promoting country club memberships and the sale of other MCO properties, especially Eagles Nest. He noted that they had operated a sales office at that location for a number of years and their temporary use permit had expired. Since that time, they had no longer been able to operate the sales office but there had been an on-site office there for their community manager and this was both useful and convenient for their community. The country club had tennis courts adjacent to the building and a small area in the building was used by a tennis professional and the tennis players. There was a dirt parking lot between the building and the tennis courts and it was their understanding that the dirt area would be paved resulting in an attractive parking lot. z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 5 of 17 A Paul Gilbert, 4800 N. Scottsdale Road, an attorney representing the applicant, addressed the Council and said that he had nothing to add to the previous speakers' comments unless the Council had any questions. Mark McDermott, 9607 N. Copper Ridge Trail in Firerock, addressed the Council and said that he was present '411110 to speak on behalf of the Chamber of Commerce. He stated that the Chamber endorsed the approval recommendations of staff and was in favor of the rezoning and other requested amendments. He added that as a former member of the Firerock HOA he could attest to the fact that this was what the members would like to see as well. Mayor Nichols thanked all of the speakers for their comments. Mayor Nichols declared the public hearing closed at 6:59 p.m. (Vice Mayor Dickey arrived at the meeting at 6:59 p.m.) AGENDA ITEM #9 — CONSIDERATION OF RESOLUTION 2008-16, A PROPOSED AMENDMENT TO THE TOWN OF FOUNTAIN HILLS GENERAL PLAN 2002,RELATING TO APPROXIMATELY 3.57 ACRES OF LAND LOCATED NEAR THE SOUTHEAST CORNER OF FOUNTAIN HILLS BOULEVARD AND SHEA BOULEVARD. CASE#GPA2007-02. Councilmember Schlum MOVED to approve Resolution 2008-16 and Councilmember Leger SECONDED the motion. Councilmember Leger noted that in the staff report and on the application the interest was in moving from multi-family to general commercial yet it was written from multi-family to office and requested clarification from staff regarding this issue. Mr. Rodgers explained that the original application was to move to general commercial and staff had held conversations with the applicants relative to the fact that the office district was more conducive to what they were proposing and less intrusive to the residential area. It allowed offices but not other retail uses and that was the reason why staff changed their recommendation to office. Mr. Gilbert confirmed the accuracy of Mr. Rodgers' statements. Councilmember Archambault stated that when he had first looked at this he did not think it was "any big deal" but then it occurred to him that there might be something that should at least be aired so that everything was out in the open. He noted that he had met with Mr. Rodgers today and posed questions regarding the current multi- family zoning on the property. He said if they were to leave the zoning alone, eventually the property would either be deeded over to the HOA or resold and if it was resold it was possible that someone could put multi units on there. He questioned how many units could be developed on that particular lot. Mr. Rodgers stated that the M-1 district would allow approximately eight units per acre for a total of approximately 28 units. He said to arrive at a selling price they would have to look at the nearby condominium prices for Bolera and The Villas next door(between$600,000 and$1 million). In response to a request from Councilmember Archambault for a "best guess" on the amount of sales tax revenue fees that the Town would be giving up based on that scenario, Mr. Rodgers advised that he would defer to the Finance Director. Finance Director Julie Ghetti addressed the Council and said that staff knew for sure what the impact fees would be and had an estimate of what the building permit fees would be. Impact fees would be $128,000 and permit fees would be approximately $61,000. She added that a really rough estimate of the amount of sales tax that would be generated based on the above information would be approximately$189,000 if all 28 units were built. z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 6 of 17 Councilmember Archambault advised that he wanted to clarify and make it understood that by changing this zoning the Town was giving up possible future revenues but on top of that they were also lowering their base thereby spreading the tax burden over everyone. He added that even if that amount was extremely minimal, he i Nay. wanted to make sure that everyone was "on board" and aware of what they were giving up. Councilmember Archambault pointed out that the property had a temporary use permit to allow the developer to sell their current inventory of lots and the permit had expired but it was reapplied for he asked Mr. Rodgers if it was re-granted. Mr. Rodgers advised that temporary use permit was not re-granted; it was applied for and then withdrawn. Councilmember Archambault asked Mr. Gilbert why the developer withdrew the application to reissue the temporary use permit. Mr. Gilbert responded that they were faced with an opinion from staff that they did not qualify to file for an extension of the temporary use permit. Mr. Gilbert went to the Board of Adjustment and requested an interpretation and they said that the developer could ask for an additional conditional use permit but the sales that would be permitted in connection with the temporary use permit would be very limited (for example, they could not sell vacant lots, only lots with homes from that location). Based on that constraint, the application for an extension was withdrawn. He added that it would also have meant that the use of the building as an office building by the HOA could no longer be permitted. In response to additional questions from Councilmember Archambault, Marianne Wiggishoff who represented the management company addressed the Council. Councilmember Archambault commented on the fact that if they proceeded with the requests this evening, the Town was going to be giving up some future revenue and he understood that HOA did not want multi-family and he was not necessarily opposed to their point of view but he knew that there were no guarantees in life and he was trying to find out who was selling the real estate out at that location. Ms. Wiggishoff stated that no one was selling real estate out of that particular building and the only activities that were occurring there were when her office had people coming in to ask questions about the HOA. She added that they were residents of Firerock and get their tags issued there. She explains to anyone c Now who asks about homes for sale that the entire project (single family custom home lots) were all sold out and available on MLS and how they could visit properties accompanied by any realty company. Councilmember Archambault said that his concern was that they had a building on Saguaro Boulevard that captured that market and one that captured Palisades as well as one at Eagles Nest. He questioned the need for an office at this location. Mr. Gilbert stated that if a realtor brought in someone who wanted to look at a lot they called MCO and MCO then made an appointment, brought them through the gate and show them to the lot. It was much more efficient for them to have the sales office right there and that was basically all they were asking for. Ms. Wiggishoff advised that everyone was "on the same page" and the HOA controlled the gate and if anyone wanted to get through the gate, people had to either be with an owner or a realtor and they were escorted to and from the individual open houses. Anyone who wanted to attend an open house, whether they are with MCO or Realty Executives, must follow this process. She noted that the HOA was entirely controlled by homeowners and no one from MCO was involved in the HOA or their access rules into the community. In response to a question from Councilmember Archambault relative to the benefits the Town would receive if the zoning request was approved, Mr. Gilbert stated the opinion that if MCO was given the choice of having the sales office there or being able to build 28 more units, it would be much more profitable for them to build the units. The reason they were doing what they were doing was because they felt that a commitment was made that this would be used as an office and that was what they were trying to do — honor that commitment. He added that in his mind it was not clear that that commitment was binding or that it was ever given on a ,: contractual and therefore enforceable basis but MCO had chosen to continue to use that for tennis courts, an office building and a home for the HOA. z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 7 of 17 Councilmember Archambault commented that he and any potential purchaser he had talked with were told that the existing building was to remain there and would be used as a tennis center, Firerock HOA management office and sales office. He asked what guarantees the developer would give the members of the HOA that if the property was rezoned that it would always stay that way(are they going to deed the property over to the HOA?). Mr. Gilbert replied that that decision had not been made nor did he believe it fair to ask MCO to make that decision at the hearing this evening. He added that if they zone the property for office that was the only use that could be put into place and they have committed to the HOA that was the only use the property would be used for. They had also agreed to put a restriction that limited certain uses that would otherwise be permitted in the office category. Councilmember Schlum asked how the developer arrived at the split and Mr. Gilbert said that they had simply followed what had traditionally been done. In response to a question from Councilmember Schlum, Mr. Rodgers explained that any changes would have to go through concept plan approval review and through Planning &Zoning review. Mr. Rodgers advised that the M-1 zoning would allow a 30-foot height limit and Councilmember Schlum commented that if site plans changed and an additional building of any type were to occur on that property the proposal would first have to go before P&Z. Councilmember Kehe asked if there was a change in the site plan how many units would be allowed on the site. Mr. Rodgers advised that the C-O district allowed for 35% lot coverage so it would be based on square footage (approximately one-third of the 3.56 acres or 12 acres). Mr. Rodgers added that it would be difficult because of the parking requirements. Mr. Rodgers confirmed that was correct. Vice Mayor Dickey commented on the e-mails that the Council received relative to this issue and said that one of them stated that as property owners they wanted strict guidelines in place guaranteeing that the future use did not turn into anything other than what was represented to them when they made their substantial property investments in the community. She asked where that representation came from. Mr. Rodgers explained that it was not a representation that the Town made; it was a representation or something that MCO was telling the people who were buying the lots and building the houses. The Town would not have made that representation because they gave them a temporary use permit for their temporary sales office. He added that this zoning did not require that it remain a real estate office — it allowed for a real estate office and other types of offices. Mr. Rodgers said that he had not received any negative input from the residents. Discussion ensued relative to the C-O zoning; the fact that lot coverage was limited to anything "under roof;" the fact that the front portion of the property was not owned by MCO, it was owned by the HOA; the tennis courts had to be considered an accessory use to the tennis pro shop that was contained in the office building; the fact that the tennis courts were part of the C-O zoning; Town Attorney Andrew McGuire's statement that staff's opinion was probably the best one based upon the uses of these two properties that were joined together unless they were going to amend the entire Firerock PAD to have this piece included in some different way and the fact that the site plan would control the process unless they came back and had another hearing. Councilmember Leger commented that P&Z had reviewed the proposal and unanimously approved it and staff as well was unanimous in their recommendation after careful study and consideration. He added that the citizens that he had heard from and spoken to were in favor of this and he respected their wishes in this regard. He noted that the process was being well documented and indicates MCO's commitment to honoring the residents' understanding. He pointed out that a sales office at this location would increase sales and said that he would support the applicant's request. Councilmember Schlum stated that MCO had worked with the residents and he too respected the opinions expressed by the residents. z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 8 of 17 Councilmember Archambault said that the lost revenue for the Town would be $378,000 but added that he appreciated where Councilmember Leger was coming from in that the sales office at that location would (Le, encourage additional sales. He added, however, that this gave MCO an unfair advantage in the real estate market; they could"corner"the Firerock area. Mayor Nichols called for the vote. The motion CARRIED by majority vote (5-1) with Mayor Nichols voting Nay. AGENDA ITEM#10 - PUBLIC HEARING TO RECEIVE COMMENTS ON RESOLUTION 2008-22,A PROPOSED AMENDMENT TO THE FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN REGARDING THE LAND USE DESIGNATION OF APPROXIMATELY 3.57 ACRES OF LAND LOCATED NEAR THE SOUTHEAST CORNER OF FOUNTAIN HILLS BOULEVARD AND SHEA BOULEVARD. CASE#GPA2007-02. (The public hearing was held under agenda item#8.) Councilmember Schlum MOVED to approve Resolution 2008-22 and Councilmember Leger SECONDED the motion. The motion CARRIED by majority vote(6-1) with Mayor Nichols voting Nay. AGENDA ITEM #11 — CONSIDERATION OF RESOLUTION 2008-22, A PROPOSED AMENDMENT TO THE FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN REGARDING THE LAND USE DESIGNATION OF APPROXIMATELY 3.57 ACRES OF LAND LOCATED NEAR THE SOUTHEAST CORNER OF FOUNTAIN HILLS BOULEVARD AND SHEA BOULEVARD. CASE #GPA2007-02. Councilmember Schlum MOVED to approve Resolution 2008-22 and Councilmember Leger SECONDED the motion. In response to a request from the Mayor, Mr. Rodgers provided the Council with a brief overview of this agenda item. The motion CARRIED by majority vote (5-1) with Mayor Nichols voting Nay. AGENDA ITEM #12 — PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 08-08, A PROPOSED AMENDMENT TO THE ZONING DISTRICTS MAPS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, FOR APPROXIMATELY 3.57 ACRES LOCATED AT THE SOUTHEAST CORNER OF SHEA BOULEVARD AND FOUNTAIN HILLS BOULEVARD AS SHOWN IN FILE NAME Z2007-03,REZONING SUCH PROPERTY FROM MULTI-FAMILY ZONING DISTRICT(M-1 PUD) TO COMMERCIAL OFFICE ZONING DISTRICT (C-O-PUD) AND IMPOSING CONDITIONS UPON SUCH CHANGE. CASE#Z2007-03. (The public hearing was held under Agenda Item#8.) AGENDA ITEM#13— CONSIDERATION OF ORDINANCE 08-08, A PROPOSED AMENDMENT TO THE ZONING DISTRICT MAPS OF THE TOWN OF FOUNTAIN HILLS, FOR APPROXIMATELY 3.57 ACRES LOCATED AT THE SOUTHEAST CORNER OF SHEA BOULEVARD AND FOUNTAIN HILLS BOULEVARD AS SHOWN IN FILE NAME Z2007-03,REZONING SUCH PROPERTY FROM MULTI FAMILY ZONING DISTRICT (M-1-PUD) TO COMMERCIAL OFFICE ZONING DISTRICT (C-O-PUD) AND IMPOSING CONDITIONS UPON SUCH CHANGE. CASE#Z2007-03. z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 9 of 17 Councilmember Schlum MOVED to approve Ordinance 08-08 and Councilmember Leger SECONDED the motion, which CARRIED by majority vote (4-2) with Councilmember Archambault and Mayor Nichols voting Nay. AGENDA ITEM #14 — CONSIDERATION OF THE FINAL REPLAT OF "FIREROCK PARCEL A-1 AND A-2"LOCATED AT 16875 E.FIREROCK COUNTRY CLUB DRIVE. CASE#S2007-13. Councilmember Leger MOVED to approve the Final Replat of Firerock Parcel A-1 and A-2 and Councilmember Schlum SECONDED the motion, which CARRIED by majority vote (5-1) with Mayor Nichols voting Nay. Councilmember McMahan returned to the dais at 7:39 p.m. AGENDA ITEM#15—DISCUSSION OF THE TRAFFIC STUDY ON AVENUE OF THE FOUNTAINS AND SAGUARO BOULEVARD WITH POSSIBLE DIRECTION TO STAFF. Public Works Director Tom Ward addressed the Council relative to this agenda item and stated that on December 6, 2008, the Council had directed staff to research the feasibility of a HAWK pedestrian signal and install a U-turn on Avenue of the Fountains, located approximately 250 feet west of Saguaro Boulevard. Since that time, the new U-turn had been installed and staff had been observing both the intersection and the U-turn. The traffic volumes at the intersection of Saguaro Boulevard and Avenue of the Fountains justified a three-way stop or a traffic signal. The Council further directed staff to install the three-way stop signs in the summer of 2007 with traffic signal alternatives reviewed further. Since December 2008, staff researched options with other municipalities (Tucson, Scottsdale and Mesa), took additional traffic counts and observed vehicular movements from various locations to consider what alternative was best for pedestrian safety, the business community and traffic flow. Staff came up with three responses that should be considered relative to this situation, as follows: 1) What traffic device works best for public safety? While the HAWK pedestrian signal appeared to have great success in Tucson, the design was not suitable due to the north/south distance that exists on Saguaro Boulevard. The Tucson Transportation staff expressed this when City staff unrolled their intersection exhibit and explained the situation. While the HAWK performs for various concerns, the mid-block crossing was the most utilized. Saguaro and Avenue of the Fountains was a major intersection in the center of downtown. Additionally, if the commercial land along the south side on Avenue of the Fountains was developed in the near future, this would generate enough traffic to warrant removal of the HAWK signal. In addition, an All-Way Stop intersection was considered a higher level of protection for pedestrians than a HAWK signal. Tucson traffic engineers voiced their concern that the Town would be reducing the level of protection with the HAWK signal. Using a proactive approach, staff would consider the full fledged signal since it provides a higher level of protection for pedestrians. 2) What traffic device works best for the business community? Staff's original thought was that a 3-way stop allows drivers to look at the Fountain in the park and also look west and discover shops on the Avenue of the Fountains. Since the 3-way stop appeared to frustrate drivers, did not allow for a U-turn and continued to be a problem for pedestrians, they needed other considerations. The HAWK signal allowed for free flow of traffic, but would not be suitable from a design standpoint and was not financially sound if commercial development occurred in the near future. This left staff to consider a full fledged signal that benefited the business community and was proactive towards future southside commercial development along the avenue. 3) What allows for improving traffic flow? z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 10 of 17 • Yellow flashers were installed two years ago and were recognized to produce a higher level of protection for pedestrians and not bring about unnecessary traffic delays for traffic flow. The reality was that the flashers created a false sense of security for pedestrians. Pedestrians would push the button and walk off the curb, not waiting to see if cars would stop for them. Tucson also experienced this situation and eliminated a number of their yellow flasher pedestrian crossings. This concern provoked the 3-way stop where they were today. The 3-way stop had frustrated drivers along Saguaro Boulevard as they had to stop when pedestrians were not visible in the intersection. This left staff to believe that the full fledged traffic signal was the best solution to improve traffic flow and a more safe intersection for pedestrians. Mr. Ward stated that today they knew that more commercial development was going to take place but they were not sure of when. The Ellman development would send more traffic along Palisades Boulevard. This development was going to happen in the near future. When they mix all of these elements together with pedestrian safety, the business community and sound engineering practices, staff had only one conclusion: Start the design for a full fledged traffic signal this fiscal year and plan for construction in FY 08-09. In the meantime,the 3-way stop would continue to function as need be. Mr. Ward reported that the fiscal impact for FY 07-08 was approximately $24,000 for the design of the signal. He added that staff's recommendation was to move forward with the traffic signal design this fiscal year and plan to construct a new traffic signal in FY 08-09 at a cost of approximately $385,000. He indicated his willingness to respond to questions from the Council. Councilmember Archambault MOVED to approve moving forward with the traffic signal design at a cost of $24,000 as designated in the FY 1007-08 budget and Mayor Nichols SECONDED the motion. In response to a question from Councilmember Archambault, Mr. Ward stated that when staff visited Tucson a HAWK signal was being used at an intersection but added that its main function was for mid-block crossing I ,r because the original problems that had happened in Tucson were pedestrian problems that started at the University of Arizona and they had found the signal to be very effective for pedestrian crossings. Councilmember Archambault asked if the HAWK signal could be converted into a full-blown signal if the need arose in the future and Mr. Ward stated that the design was such (poles and foundations) that it could not be converted. He added that the roundabout was looked at for this area and the cost was somewhere in the area of $2 million. He confirmed that if they proceeded with staff's recommendation, there would be three traffic signals—one at El Lago on Saguaro, one on Avenue of the Fountains and one on Palisades. Mr.Ward explained that when you have what was known as "platooning of cars" you could install wires to get the signals to "talk to one another." He said that Larry Woodland would provide additional information relative to this issue. Mr. Woodland addressed the Council and explained that the three signals would be connected via interconnect cable so they "talk to each other." They would rest in green on Saguaro Boulevard, the primary route, and then as traffic from the side street approached the intersection, there would be a call made to turn that particular signal green and the other two signals would communicate with each other. This was a common occurrence; a number of the communities throughout the Valley that had signals in close proximity operate in this manner. He also discussed time base coordination and said in this instance they set timing and there was an internal clock within the controller, but the most effective method was to connect the signals together with an interconnect cable. He said they had part of the sleeves that would be necessary to accomplish this in place now but there would have to be some additional sleeves installed to accommodate a complete system. In response to a question from Vice Mayor Dickey, Mr. Woodland stated that if a pedestrian pushed a button, they took precedence over traffic and they had the first right once the button was pushed. They would turn the signals red to permit pedestrian crossings and then if there was an interconnect that would let the other two Loy signals know as well. The Vice Mayor stated the opinion that El Lago and Saguaro was better because before z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 11 of 17 people really felt as though they were there a long time with no traffic going by but that had improved. She added for the record that she would probably prefer to wait on this entire issue. Councilmember McMahan questioned whether staff was recommending a full overhead signal that would obstruct the view of the Fountain and Mr. Ward responded that staff was in fact recommending a full overhead signal at the intersection. Councilmember McMahan asked whether staff had looked into full flashing red lights instead of yellow and Mr. Ward said that they could not legally install red flashing lights in that situation. He added that they were really going back to the HAWK signal if they were talking about doing something like that. Councilmember Kehe commented that they had been looking at the HAWK signal and staff's research now indicated that that was not the solution. He said that they have a future that was not totally known at this point and they were very hopeful that they would have development on the south side and significant retail development that would increase traffic but that was in the future. He asked Mr. Ward how well the current system was working(the three stop). Mr. Ward replied that it was functioning okay at this time; however, they hear about pollution and the fact that if there weren't stop signs there wouldn't be air pollution or noise pollution. This process was the normal progression that you would want to follow based on the warrant. The three-way stop was installed because they have a warrant and they did the right thing. The next thing in line was the signal because they had the warrant. Councilmember Kehe agreed that the next step was a signal but questioned whether it would be premature to do that now. Mr. Ward stated the opinion that it was not premature; it was actually proactive to do it because when commercial property and the Ellman property developed they would have more traffic on Saguaro Boulevard and they already had a warrant for the signal. The traffic warrant was based on traffic volume. Councilmember Kehe asked Mr. Ward if he believed that the current setup, the three-way stop, had improved pedestrian safety. Mr. Ward replied that that was a question he was hesitant to answer based on liability and past experience. Councilmember McMahan expressed the opinion that the three-way stop was working and people were getting used to it, particularly residents and occasional out-of-towners who wander through it. He suggested that they take more time and study this further. Councilmember Leger thanked Mr. Ward and staff for all of the work and research they have done on this issue. He noted that they had begun this journey to enhance pedestrian safety and he had been very enthusiastic about the HAWK system for a variety of reasons. He stated the opinion that the three-way stop sign, although an inconvenience, had achieved part of their goal to move towards enhanced pedestrian safety. He added that he respected staff's and the professional's opinions that the HAWK system was not the appropriate solution so he would defer. He added the opinion that to move into the design phase and a full-blown traffic signal was premature at this particular point in time. He agreed that the warrants would continue to indicate future increased use and downtown development, etc. and they would get to the point where there would be a traffic signal at that location and it would be a lot easier to justify when they did in fact reach that point. He also expressed concerns about committing to budgeting close to $400,000. He stated that it had been an excellent exercise and he respected staff's recommendations but for him the issue was timing and he could not approve the proposed resolution at this time. Councilmember Schlum thanked Mr. Ward and staff for the presentation and said that the development had not started yet and so there was an unknown on that corner. He said that he too was hopeful that the HAWK system would work at the middle of the Avenue, at the Boulevard, so that it could be managed and would have an opportunity to work at that reduced cost. He stated that no one loves the stop signs but he did believe it had enhanced safety. He added that the three-way stop at this intersection was working and the location was the z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 12 of 17 • focal point of the downtown and whatever they did must be done right. He said that for these reasons, and in view of the economic downturn they were currently facing,he also believed it prudent to hold off at this time. Councilmember Archambault stated that he heard Mr. Ward state that they had already met the warrant for a traffic light and Mr. Ward replied that they met the warrant for the three-way stop and they meet the warrant for the traffic signal. Mr. Woodland addressed the Council relative to the issue of warrants and provided information relative to this issue. Discussion ensued relative to the fact that the stop signs could stay in place and they would be okay with that(forego this right now and look at it in a year or two and re-evaluate). Mr.Woodland noted that if and when the volume of traffic kept increasing they were going to start backing traffic up towards El Lago and Palisades Boulevard. He estimated that it would take approximately nine months to a year to have a traffic signal up and running from the time the Council said"go." Vice Mayor Dickey thanked Mr. Ward and staff for their efforts and said that she too agreed with the comments made about financial uncertainty at this time and added that the roundabout, which was obviously more expensive, should be further explored in order to maintain views. She agreed with the previous speakers relative to holding off on any action at this time. Mayor Nichols asked Mr. Ward where the funding came from to pay for the engineering study and the light and Mr. Ward said that the engineering design money was in Professional Fees in the Public Works budget and the construction costs were in the Capital Improvement Projects (development fees). Ms. Bender advised that one citizen wished to speak on this agenda item. Lenny Hulme, 14431 E. Fairwynn Drive, addressed the Council and said that he commuted to work every day and he took Saguaro Boulevard as his major thoroughfare. He stated that he had become very frustrated by the Niro three-way stop that went up. He discussed lack of progression and said they keep using the term three intersections but they would have four signalized intersections in a row when they include Grande. He said that they were governed by guidelines, not laws, and they should use common sense and good sound engineering judgment. He added that they had created a mess and requested that the Council look at the big picture and into sidewalks and other measures to address the problems. Mayor Nichols thanked Mr. Hulme for his input. Mayor Nichols called for a vote on the motion. The motion FAILED unanimously (7-0). AGENDA ITEM #16 — QUARTERLY REPORT BY THE INTERIM TOWN MANAGER ON PROGRESS OF IMPLEMENTING COUNCIL'S GOALS FOR FISCAL YAR 2007-08. Interim Town Manager Kate Zanon addressed the Council relative to this agenda item and stated that the Council had been provided a copy of the comprehensive report and she would provide a brief overview. Ms. Zanon advised that Council had set eight goals for Fiscal Year 07-08 and three of those goals were completed in the first half of the Fiscal Year and five of the remaining goals staff continued to make progress on. She said she would touch on each of the five remaining goals and provide the Council with a brief update. Ms. Zanon stated that the fourth goal was to ensure responsible development of the State Trust Land for the community, in keeping with the character of the community. She reported that staff continued to work with the Ellman group on developing this property and one of the objectives was to help facilitate community understanding of the development and this had been done through a variety of ways. Open houses were held on z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 13 of 17 February 26th and 27th and the public was invited to attend. On January 23rd, 43 copies of the application were transmitted for review, information and comment to various groups, organizations and other agencies. They were given 60 days to review this document and provide feedback. Ms. Zanon commented that Goal 5 was to improve pedestrian safety for residents and visitors and she discussed two sidewalk programs that were underway (one going to the Middle School and one going to Four Peaks Elementary School). She noted that both sidewalks were being built with grant funding and were in the design phase and would not start construction until the next fiscal year and the next project during the following fiscal year but both projects were well underway. Ms. Zanon added that Goal 6 was to provide open access to the McDowell Mountain Preserve for the public and staff had been working diligently on this issue. She said that although they did not have resolution as of today's date, staff continued to be in contact with representatives from MCO, encouraging them to meet with the Town and come back to the table to open up dialogue. Ms. Zanon discussed Goal 7, to create a responsible environmental policy for the community, addressing air quality, dark skies, water, noise, recycling, hazardous waste, energy, solar energy, solid waste, trails and natural environments and advised that a Work Study was held in February and the findings of the Environmental Study Committee were brought before the Council. She said that staff would be coming back to the Council in May with some recommendations on how to turn the findings from that Work Study into some preliminary policy that staff could work on. Ms. Zanon advised that Goal 8 was to promote commercial development and business vitality in Fountain Hills to meet consumer needs and touched on two areas: (1) The business retention program, which staff did get up and running. A goal was set to accomplish ten interviews and this goal was met. In addition, 18 informal interviews also took place and some initial findings had been identified (to work on signage related to alley paving, the Saguaro frontage roads, etc.) and in the next Fiscal Year budget staff was planning to include some of these items; and (2) Working with the Business Vitality Advisory Committee and staff had been actively ,viti) working with this group in various capacities (sitting on the main Business Vitality Advisory Committee, the Executive as well as some of the sub-committees) and so staff meets with this group often. Vice Mayor Dickey stated that she had missed the discussion on Senate Bill 1552, which had to do with the Environmental Policy. She added that everyone had received input regarding the State Trust Land from people who were concerned about the traffic so she was happy to see that discussions were occurring specifically about this issue. She noted that other cities were following the Town's example by forming environmental task forces. She said that one of the things they had talked about in the Environmental Policy Group was "green buildings" and commented on House Bill 2221, which would affect cities and town regarding the adoption of ordinance and asked Town Attorney Andrew McGuire whether he thought the Bill would interfere with anything that the Town was attempting to do. Mr. McGuire responded that he believed the only thing that could probably have an impact that would have to be evaluated if it did pass would be the recently adopted I Codes. He noted that several provisions in the I Codes deal with energy efficiency and he was not sure whether those provisions would be specifically prohibited by the new legislation because at this point in time they did not know what the legislation was trying to accomplish. He added that if that was in fact the interpretation, they would be "in the same boat" with everyone else. He said that if a law suit did accompany it,they would have lots of company on their side. The Vice Mayor added that on the Environmental Policy she would like to bring up House Bill 1552 because she believed that everyone had been reading about different cities and towns adopting the ordinances in a seamless way and others were not as happy to be doing this. She said that she just wanted to keep their eye on the ball and expressed appreciation to the Council for continuing to make this issue a priority. She emphasized that the measures contained in 1552 were not trivial and provided data relative to this issue, which provided z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 14 of 17 • positive impacts as a result of the legislation. She stated her commitment to continue to be involved in this critical issue. Mayor Nichols thanked Ms. Zanon for her presentation. AGENDA ITEM#17—CONSIDERATION OF ADOPTING FISCAL YEAR 2008-09 COUNCIL GOALS AND OBJECTIVES. Ms. Zanon addressed the Council relative to this agenda item and stated that on February lst, the Council had held their Annual Retreat and at that time the Council had laid out eight goals for the next Fiscal Year. Also at that Retreat, the Council created some objectives to go with those goals in order to provide staff with an indication of where they wanted the goals to go. That Retreat was followed up on February 29th with a staff meeting to review the goals and objectives and staff had continued to work through those objectives at subsequent meetings in an attempt to develop a game plan for the next Fiscal Year. She noted that staff's report was contained in the Council's packet and quickly highlighted the eight goals that were set. She reported that the first goal was geared towards financial policies; the second goal was to continue to nurture the relationship with local schools; the third goal was to ensure the development of the Ellman property (former State Trust Land) and to continue it in a compatible character with the rest of the community; the fourth goal was to increase community initiatives and strengthen Fountain Hills' small-town character; the fifth goal was to evaluate the Pavement Management Analysis for the community; the sixth goal was to implement the Environmental Plan to enhance stewardship of the natural environment; the seventh goal was to further economic development, business vitality and relationships between the Town and businesses, to benefit the community and the eighth was to tailor the communications now available to the various demographics of the community. Ms. Zanon noted that some of the above were a continuation from last year or the Fiscal Year prior and some were new goals. i Lir Councilmember McMahan MOVED to accept the amended Council's goals and objectives for Fiscal Year 2008-09 as outlined by staff and Councilmember Archambault SECONDED the motion. Councilmember Schlum requested a clarification on Objective 4.1, which states, "to coordinate or facilitate with community partners the expansion or creation of events that could grow to 2,000 or more participants over two years by 2009." He said that the Council was to partner with key groups including the Chamber of Commerce and business for four events or more by 2009 and he requested input relative to how Council viewed it and asked for additional information relative to this item. Ms. Zanon advised that the first objective related to the four events and said that it was staffs understanding from the Council Retreat was that the Council wanted to bring more larger events to the community and that this could take the shape of enhancing an event that did not currently have a big draw or bringing a new event to the community. She said that staff viewed their role as facilitating these events; not necessarily putting them on. She added that staff would work with the community partnerships, sponsors, etc. to bring the event to life. She noted that the "Eggstravaganza" was one event that they could probably grow to a much bigger event. It drew a large crowd but within about 35 seconds the eggs were gone and the children were not sure what to do next. Staff went through some of the events they already have and discussed how they could partner this with perhaps getting a pancake breakfast involved, etc. and take an event that was already drawing a crowd and enhance it. She added that another discussion took place about developing new events. Councilmember Schlum asked why the surveys would begin in March and Ms. Zanon responded that upon more careful review by staff that date was moved back in order to provide adequate time to create the surveys and conduct something of substance. She noted that that would also push back Objective 4.4 so that staff would 1 have time to actually organize the information and see what they could do with it. z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 15 of 17 Councilmember Schlum also discussed Objective 7.1 and noted that staff had signage regulations being reviewed in April of next year and asked if that issue could be considered sooner (reviewing community concerns and make staff recommendations related to signage regulations to support business vitality by April 30, 2009). Ms. Zanon stated the opinion that staff could easily accomplish the review earlier than that added that if there was actual ordinance processing staff thought additional time might be needed. She said that staff could break that down into a two-part objective, a review of sign concerns and then do the second objective, rewriting the ordinances. Councilmember Schlum said that he would prefer that staff proceed in that manner so that the issue could be addressed as soon as possible and thanked staff for their efforts. Vice Mayor Dickey agreed with Councilmember Schlum's remarks and said that some other items had come up, including noise issues and a light issue, construction sites and fencing. She added that there were certain ordinances that they could look at. Ms. Zanon referred to Objective 7.1 and asked Councilmember Schlum if he had a date in mind. He suggested the month of October 2008 for the review process. The motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #18 — PROGRESS REPORT ON THE ESTABLISHED ITEMS OF COUNCIL BUSINESS: A) DEVELOPMENT FEES ADJUSTMENT Interim Town Manager Kate Zanon reported that the first public hearing took place on Tuesday, April 15t. Staff was still on track to bring this forward to Council for consideration on May 15t. B) DOWNTOWN DEVELOPMENT AGREEMENT/C-2 ZONING TO TCCD Ms. Zanon advised that staff continues to meet with the developer in escrow on the property and reported that the most recent meeting was held on Monday, April 14t. Additional meetings would take place and discussions continue. C) ENVIRONMENTAL POLICY Ms. Zanon noted that this item was previously discussed. D) GENERAL ACCESS TO THE MOUNTAIN PRESERVE Ms. Zanon stated that this item was previously discussed. E) PREPARING A SOUND TOWN FINANCIAL FUTURE Ms. Zanon advised that Early Voting began today and the election would be held on May 20`h. The educational campaign had been up and running since April 1st and to date only two questions have been received so hopefully the campaign was being effective. Ms. Zanon reported that this relates to the zoning lot coverage change from R1-43 lots and that did go to the Planning and Zoning Commission on April 10th and would be coming to the next Council meeting for their consideration. F) STATE TRUST LAND/ELLMAN DEVELOPMENT AGREEMENT z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 16 of 17 Ms. Zanon stated that in terms of the State Trust Land this was another area where staff continued to meet with the team consistently to work through the Development Agreement and the General Plan Amendment Applications. There were public hearings set for May 5`'' and May 6th before the Planning & Zoning Commission and then the issue would come before the Council on May 15`i'. G) TOWN HALL WATER FEATURE AT AVENUE OF THE FOUNTAINS AND LA MONTANA DRIVE Ms. Zanon stated that approximately 90% of the base infrastructure had been completed and they were still waiting for the art pieces to come. They did go into bronzing on March 15th but no completion date had been announced. Staff believes they were still in line to accomplish this goal. H) TRAFFIC CONTROL AT AVENUE OF THE FOUNTAINS AND SAGUARO Ms. Zanon said that this item was previously discussed. Mayor Nichols thanked Ms. Zanon for the update. AGENDA ITEM#19—SUMMARY OF COUNCIL REQUESTS BY INTERIM TOWN MANAGER. Ms. Zanon said that staff would look into the Crystal Ridge Homeowners Association's concerns and respond to them. AGENDA ITEM #20 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH ITEMS ON A FUTURE AGENDA FOR ACTION OR (ii) OR DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: A. NONE. AGENDA ITEM#21—ADJOURNMENT Councilmember McMahan MOVED that the Council adjourn and Councilmember Kehe SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). The eeting adjourned at 8:35 p.m. TOWN 0 T IN HILLS By Mayo Wa Ni ATTEST AND PREPARED BY: Bevelyn J. B d ,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive and Regular Session held by the Town Council of Fountain Hills on the 17th day of April 2008. I further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of May 2008. L Bevelyn J. en r, Town Clerk z:\council packets\2008\r5-1-08\04-17-08 minutes.doc Page 17 of 17 j j