HomeMy WebLinkAbout2010.0415.TCRM.Minutesz:\council packets\2010\r5-6-2010\10415m.docx Page 1 of 17
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
April 15, 2010
*CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Schlum called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers.
*INVOCATION – Elder Chip Aker, Four Peaks Community Church.
*ROLL CALL
Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum,
Councilmember Contino, Councilmember Leger, Councilmember Brown, Vice Mayor Hansen, Councilmember
Archambault and Councilmember Dickey. Town Manager Rick Davis, Deputy Town Manager Julie Ghetti,
Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present.
*MAYOR'S REPORT
(i) The Mayor will review upcoming community events.
Mayor Schlum announced that Art on the Avenue and the Farmers' Market were held in downtown Fountain
Hills on Thursday afternoons. He said that money would still be accepted tomorrow to support the Midnight
Madness program that the Sheriff's office supports at Desert Canyon, 7:30 a.m. He added that also tomorrow,
later on in the morning, there would be a guided hike out at McDowell Mountain Regional Park and on Saturday
there would be a hike in the McDowell Mountain Preserve leaving from Eagle Ridge Drive (focus was to be
geology of the mountain area), and a Pitch, Hit and Run competition for boys and girls ages 7 to 14 years of age
at Golden Eagle Park. He encouraged youth attendance at this event. He noted that on Tuesday, April 20th at
6:40 p.m. at Chase Field in Phoenix, the official Fountain Hills' Night at the Arizona Diamondbacks game
would occur. He urged citizens to check the Town's website for additional information on discounted tickets for
Town residents. He advised that on the weekend of the 24th there would be a "full moon hike" in McDowell
Regional Park starting at 6:30 p.m. He noted that on the last weekend of the month, the Community Theater
would have their annual free Play in the Park at the Performance Pad in Fountain Park (Friday, Saturday and
Sunday at 8:00 p.m.) He said that that same weekend there would also be a Gem & Mineral Show at the
Community Center from 10:00 a.m. until 6:00 p.m.
Mayor Schlum advised that the High School had continuing athletic competitions occurring as well and said that
a softball breast cancer awareness game would be put on by the varsity girls' softball team at 11:00 a.m. on April
17th. He said that between 9:00 a.m. and 10:30 a.m. residents could donate $5.00 to support breast awareness
and would receive a pink softball in return (at the Fountain Hills Middle School campus). He added that there
would also be tennis on Wednesday the 21st at 2:00 in the afternoon at Golden Eagle Park and baseball on the
24th (the High School boys versus Scottsdale Christian School) on Field 1. He noted that citizens should look
for more information regarding all these events on various Town websites.
Councilmember Dickey discussed the $5.00 for the pink balls that would be sold at the softball game and
advised that over 20 businesses in Town would be giving discounts through July to anyone who purchased a
ball. She added that she would be throwing out the first ball.
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*SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Recognition of Mr. Jim Heasley and the Fountain Hills Downtown Business Community for their
donation of $6.301.10, for signage to be placed in Fountain Park.
Mr. Heasley did not attend the meeting.
CALL TO THE PUBLIC
Town Clerk Bev Bender advised that there were citizens who wished to address the Council and the Mayor
asked them to come forward and present their remarks when their names were called.
Mr. Boyce Baldwin, President of the Fountain Hills Cultural & Civic Association, addressed the Council and
introduced Mr. Brad Reon, Chairperson of the Community Chorus Board, and said that they were present this
evening to bring to everyone's attention fee increases at the Community Center that were put into place a few
months ago. He noted that the Community Chorus was "insulated" from the fees until recently because their
contract was signed for a one-year period. He stated that they wanted to remain very loyal to the Community
Center because they had always felt that the Community Chorus belonged there, although this might not be
possible. He advised that the fee increase took them from their practice nights of three hours per night once a
week at $40 to $90 for the same time period. He said that this substantial increase would force the Community
Chorus to look elsewhere for places that would still fit within their budget. Mr. Baldwin briefly highlighted the
group's history and makeup.
Discussion ensued relative to the fact that the increase, as outlined in the new contract, would take them from
their previously budgeted amount of $940 to $2,070 and the group's understanding of the difficult economic
times everyone was facing.
Mayor Schlum thanked Mr. Baldwin and Mr. Reon for their comments.
Councilmember Brown advised that he had received 30 emails about Grapeables. He said that this was not
about small businesses during difficult times -- it was about being considerate to your neighbors. He noted that
when the Extension of Premises vote came about he had voted to approve it and was in total support of what
they were after. He stated that he and his wife lived 224 yards away from the backdoor of Grapeables
(measured to the backdoor of their home) and said that when the band struck up they were forced to close their
patio door just so they could hear their own television set. He advised that he did not file any complaint and
would not file one but the loud thumping noise that traveled through their home was ridiculous. He added that
there were solutions for this problem and suggested that the band be set up so that the speakers were facing west
into the building and, if that was not sufficient that they turn the amplifiers down so that the sound did not annoy
everyone in the entire neighborhood. He said that they could also put the band inside and if that was still not
enough to keep the noise from penetrating clear across the lake, then they could turn the volume down. He
emphasized the importance of being respectful to the neighbors.
Mr. Bob Dose addressed the Council and advised that he was a merchant at Plaza Suites at Fountain Suites and
represented most of the views of the business owners in the area. He provided a summary of his business
background and stated that he had operated the Card Smart and the Post Office store in Town for two and a half
years. He said he had great concerns over the last couple of week relative to reducing the Fountain's run time to
five minutes and expressed the opinion that that would be a complete misunderstanding of this community --
this community was beside the Fountain. People came to Fountain Hills just because of the Fountain and the
Fountain was not a liability, it was an underutilized asset. He added that allowing it to run during important
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hours of the day would increase retail sales and lessen the number of vacant homes in Town. He stated that he
had asked his landlord to consider contributing to change the color of the Fountain on Valentine's Day and
maybe the day after Thanksgiving when they should be competing with the stores in Scottsdale. He said that
people lined up all day to take pictures of the Fountain. He suggested that they use it more efficiently and
perhaps put sun panels on the pumping station. He urged the Council to strengthen the use of the Fountain and
not cut back on this important asset to the entire community. He added that his landlord told him that he could
not lease the coffee shop back to a coffee shop because there was not enough parking and advised that there is
never a problem in their parking lot unless the fairs were going on. He also commented on the music and said
that that was an important business in the Town. He submitted petitions that he said had been signed by
residents - one about keeping the Fountain running and the other one about the parking.
Mayor Schlum thanked Mr. Dose for his input.
There were no additional citizens wishing to address the Council at this time.
*CONSENT AGENDA
AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING
MINUTES FROM MARCH 18, 23 AND APRIL 1, 2010.
AGENDA ITEM #2 – CONSIDERATION OF AN EXTENSION OF TIME FOR AN APPROVED
UTILITY DISTURBANCE PERMIT FOR "LA BELLA VITA AT FIREROCK," AT PARCEL "B" OF
FIREROCK. CASE #UDP2008-01.
AGENDA ITEM #3 – CONSIDERATION OF DELETING NOTES 1 AND 3 FROM THE FINAL
REPLAT OF LOT 29, BLOCK 2, FINAL PLAT 506-C, LOCATED AT 16225 N. CERRO ALTO
DRIVE. CASE #S2009-08.
AGENDA ITEM #4 - CONSIDERATION OF AUTHORIZING THE MAYOR TO EXECUTE A
LETTER APPROVING THE TOWN MANAGER'S PARTICIPATION IN A PEER REVIEW SESSION
(ARKANSAS CITY, KANSAS).
Councilmember Brown MOVED to approve the Consent Agenda as listed (items 1 - 4) and Councilmember
Leger SECONDED the motion. A roll call vote was taken with the following results:
Councilmember Dickey Aye
Mayor Schlum Aye
Vice Mayor Hansen Aye
Councilmember Leger Aye
Councilmember Contino Aye
Councilmember Brown Aye
Councilmember Archambault Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #5 – CONSIDERATION OF ACCEPTING THE LOAN AND PLACEMENT OF A
SCULPTURE TITLED, "POWER OF THOUGHT."
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Director of Parks & Recreation Mark Mayer addressed the Council relative to this agenda item and stated that
the Public Art Committee was seeking Council's consideration for possible acceptance of a bronze sculpture
entitled "Power of Thought." He noted that the Public Art Committee had agreed to a purchase price of $59,000
with a $10,000 down payment to be paid from their funds and the balance to be paid on or before 18 months
after delivery. He said that a fund raising effort would be undertaken to secure the remaining balance of
$49,000.
Mr. Mayer informed the Council that the Public Art Committee would like the piece placed in the courtyard
circle area between the Community Center and the Library. He advised that this location might require that the
piece be moved later on if future development plans were made for the courtyard circle area. He reported that
the cost of insurance for the art piece would be $254 annually and added that Chairman of the Public Art
Committee Sandi Thompson and Jerry Miles were present to answer any questions from the Council.
Mayor Schlum thanked Mr. Ward for his presentation.
Vice Mayor Hansen MOVED to accept the loan and placement of the sculpture titled, "Power of Thought" and
Councilmember Brown SECONDED the motion.
In response to a question from the Mayor relative to the location, Mr. Mayer stated that the proposed area was
the future site of some pavers. He added that there were also a large number of utilities underneath that
particular area. He noted that the placement would be temporary with the understanding that a base was on loan
so the installation would not be permanent at that location, which gave them 18 months after the piece was
commissioned to determine an appropriate location for the piece.
Councilmember Contino asked whether staff knew what the piece weighed and Mr. Mayer replied that it was an
ample piece -- approximately 12 feet tall.
Mr. Miles addressed the Council and explained that the piece was very heavy so there were no concerns about it
being carried off.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #6 - PUBLIC HEARING OF A SPECIAL USE PERMIT FOR CLEARWIRE
COMMUNICATIONS, TO ALLOW THE INSTALLATION OF ROOFTOP WIRELESS
COMMUNICATION ANTENNAS AT 14835 E. SHEA BLVD., LOCATED IN THE C-1 ZONING
DISTRICT. CASE #SU2009-04.
Mayor Schlum declared the public hearing open at 6:50 p.m.
Senior Planner Bob Rodgers addressed the Council relative to this agenda item and stated that the proposal
required a Special Use Permit because it exceeded the allowed C-1 Zoning District height limit of 25 feet.
Mr. Rodgers confirmed for the Mayor that there would be one presentation for Agenda Items 6 and 7.
Mr. Rodgers described the property's location and building elevations as well as the location of the proposed
antennas (a copy of the presentation available in the Clerk’s office). He noted that the Planning and Zoning
Commission had voted at their March 25th meeting to forward a recommendation of approval to the Council
subject to the applicant providing a color rendering of the proposal to the Council and to the Eagle Mountain
Homeowners' Association for their consideration prior to the Town Council's public hearing. He noted that the
renderings submitted were attached to the report and said that they had also provided revised plans showing a
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reduction in their proposed height from the 31 foot antenna height reviewed by the Commission down to a
height of 29 feet.
Mr. Rodgers stated that staff recommended that the Council approve the proposed Special Use Permit for two
roof-mounted wireless communication antenna arrays on the Eagle Mountain Village Marketplace Shopping
Center subject to development in accordance with the plans consisting of 8 sheets as revised April 5th, 2010.
Mayor Schlum thanked Mr. Rodgers for his presentation.
Vice Mayor Hansen requested that Mr. Rodgers address the Sanitary District's concern and he advised that they
were concerned about smell. He noted that this issue came up and the applicant had explained that the way the
screen walls would be placed around the antennas would provide sufficient air flow.
Mayor Schlum asked whether the concern was raised because of the roof vents and the Vice Mayor explained
that they had had odor problems around that area before because of the grease traps right above the restaurant.
In response to a question from Councilmember Contino, Mr. Rodgers stated that this was not a Town project
and would not cost the Town any money.
Councilmember Brown asked what the antennas actually transmitted and received; Mr. Rodgers responded
"data" and confirmed it was not a phone system.
Ms. Grettel Keane, the applicant in this case, addressed the Council and advised that her company had talked
with the Homeowners' Association and tried to comply with the requirements that they had. She indicated her
willingness to respond to any questions.
Mayor Schlum declared the public hearing closed at 6:56 p.m.
AGENDA ITEM #7 – CONSIDERATION OF A SPECIAL USE PERMIT FOR CLEARWIRE
COMMUNICATIONS TO ALLOW THE INSTALLATION OF ROOFTOP WIRELESS
COMMUNICATION ANTENNAS AT 14835 E. SHEA BLVD., LOCATED IN THE C-1 ZONING
DISTRICT. CASE #SU2009-04.
(For discussion in this item, see Agenda Item #6 above.)
Councilmember Archambault MOVED to approve Special Use Permit #SU2010-04 for two rooftop mounted
wireless communication antenna arrays on the Eagle Mountain Village Marketplace Shopping Center, up to a
maximum height of 29 feet and fully screened as outlined in the staff report and presented this evening and
Councilmember Brown SECONDED the motion.
In response to a question from Councilmember Archambault as to whether the case number in the staff
report and on the agenda was correct, Mr. Rodgers replied that the Special Use Permit should be #SU2010-
04 (instead of #SU2009-04). EDITORIAL CORRECTION: Review of the documents confirmed that the
agenda was correct and the requested motion section on the staff report had listed the incorrect case number.
Therefore, the motion should reflect the Council’s approval of Case #SU2009-04.
There were no citizens wishing to speak on this item.
The motion CARRIED UNANIMOUSLY (7-0).
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AGENDA ITEM #8 – DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO
PARTICIPATING WITH THE FOUNTAIN HILLS YOUTH SUBSTANCE ABUSE PREVENTION
COALITION IN THE DRAFTING OF A SOCIAL HOST ORDINANCE.
Town Manager Rick Davis addressed the Council relative to this agenda item and said that several weeks ago
they received a presentation that included some discussion about a Social Host ordinance and also received
some information regarding the situation in Fountain Hills with regard to substance abuse and a number of other
issues. He advised that staff was wondering what the Council's intention was with regard to staff follow up
regarding that discussion.
Mayor Schlum asked whether there was anything that the Coalition wished to present and Carol Groux came
forward and updated the Council on the background of what had been happening. She said that a really
important piece of passing an ordinance such as this was to make sure that all of the people who would be
involved, such as the Town Prosecutor, the Administration of the schools, were on board and looking at the
different ordinances that had been passed throughout Arizona. She stressed the importance of seeing that the
problems that had been faced by law enforcement were being addressed. She noted that conversations had been
occurring and the Town Prosecutor had worked with the Coalition to come up with some different ideas. She
added that the next step from the Coalition's perspective would be an understanding that this was something
with which the Council would like to move forward. She stated that the Coalition would then get the 14
different Coalition sectors together to talk about how to move forward -- understanding how to prepare the
community, how to work with law enforcement, and how to make sure that if this ordinance were to be passed
that it would be very successful and reduce substance abuse among the youths.
Mayor Schlum thanked Mr. Davis and Ms. Groux for their comments and noted that this item was for discussion
and possible direction to staff and not necessarily action. He added that they were not reviewing any ordinance
this evening but added that the Council's packets had included information from the Governor's office on this
issue. He noted that some work had been done to date all without Town dollars.
Councilmember Dickey asked what the Coalition needed from the Town at this time or whether they were going
to wait and see what all of the stakeholders came up with.
Vice Mayor Hansen said that she believed that the purpose of the discussion this evening was to determine
whether the Council was interested in moving forward with this.
Mayor Schlum stated that he was not sure that the Council understood at this point what the effects of such an
ordinance would be at this time, nor did they understand what the ordinance would necessarily look like.
Mr. Davis said that staff was looking for clarification regarding staff involvement/actions relative to this issue.
Mayor Schlum advised that he thought that the Council was supportive of the Coalition's efforts to keep the
youth of the Town safe and to mitigate their use of dangerous substances. He said that he, and probably
members of the Council, would like to make sure that this remained in the hands of the Coalition -- that they
worked on it, massaged it and then came forward with a plan that they thought would be best. He added that the
Coalition would obtain input from all of the different sectors that were a part of that team, including law
enforcement and the Prosecutor, to make sure that it looked like something that would have benefits. He said
that they would need to explain what those benefits would be to the Council in order for them to move forward
with an ordinance.
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Vice Mayor Hansen stated that staff involvement was limited to those currently working on this at this point was
with members of the Coalition and its various sectors.
Councilmember Archambault noted that during the last discussion of this issue, a Tucson police officer had told
the Council that the hands of officers get tied because the officers go to the homes and no one will admit
anything and so there was not a whole lot they could do. He said that he was wondering if their efforts should
be focused on trying to get the State Legislature to amend some of the laws that they already had on the books
that might help assist the police officers. He stated then when it got down to the city/town level maybe they
could address it on a personal level in a less intense manner than they had discussed in the past. He added that
he thought perhaps there needed to be a broader effort and maybe they should bring their Legislators in to see
whether something could be done to tweak some of the laws that were already on the books and after that was
done the issue could be brought back to the Town Council.
Vice Mayor Hansen commented that one of the difficulties associated with that was when you had a State statute
it was "one size fits all" and during the last presentation, it was brought up that the benefit of a local Host
Ordinance was that it could be modified for each community (it was more personalized that the broader statute).
Councilmember Leger advised that he would like to know more about what the Coalition was involved in and
what the citizens thought about this. He noted that they had previously discussed holding a community-wide
meeting at the Community Center and asked whether that had taken place and, if so, how many people attended
and what input was provided. He pointed out that the notes talked about an 18-month action plan and said he
would like to have more information on that and where the Social Host ordinance fit into the context of all of
that. He stated that he was certainly in favor of the work that the Coalition was doing and added that he
certainly did not condone underage drinking but he needed a little more information before he could commit to
the question that was being asked this evening because he felt it was a bit premature.
Councilmember Leger advised that he was under the impression that more work was going to be done before
this issue came back in front of the Council. He added that it was his impression that the Coalition was taking a
very measured approach, which he believed was extremely important. He said that he would also like to know
all of the other types of things that could and were being done. He stated that laws and ordinances were
interesting and there were some laws in place now that seriously addressed underage drinking and contributing
to the delinquency of a minor and he understood that from a law enforcement perspective they could be difficult
to implement. He added that despite the fact that they had laws and ordinances in place people continued to
disobey the law, which proved that this was a much more complex process. He said that he needed to have a
much better understanding of what the pieces were.
In response to a question from the Mayor, Mr. Davis said that sufficient direction had been provided and
thanked the Council for their input on this issue.
AGENDA ITEM #9 – CONSIDERATION OF AUTHORIZING THE TOWN MANAGER TO ENTER
INTO A SERVICES AGREEMENT BETWEEN SOUTHWEST SLURRY SEAL, INC. AND THE
TOWN OF FOUNTAIN HILLS TO PIGGYBACK ON THE TEMPE CONTRACT FOR STREET
MAINTENANCE NOT TO EXCEED $436,000.
Public Works Director Tom Ward addressed the Council relative to this agenda item and expressed appreciation
to Ken Kurth who worked very diligently on this project with him. He noted that staff had been exploring
different products to perform street maintenance and still maintain the Town's pavement quality index (PQI)
ratings. During this process, staff had networked with various municipalities and talked to companies that
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perform street maintenance. He explained that this year was rather unique since the PQI ratings in Zone 4-A
and B were much higher than in other zones in past years. He stated that this was due to the fact that these areas
did not have paved streets as old as previous zones and the vehicle activity was less.
Mr. Ward commented that the Council might recall that the Town's "Degraded" zone, as identified in the Stantec
report, was rated between 70 to 40 points. However, some of the streets in Zone 4-A and B were in the high
70's to low 80's. Staff did not single out streets during the evaluation process unless the PQI rating was so low
that mill and overlay was necessary. At the same time, having streets over the 70 rating did not indicate that
they should be in a "do nothing" mode. He said that staff looked at the overall ratings that best served the zone
and would withstand the activity for the next six years when they returned to this location in the rotation
program. He added that staff tried to maintain the six-year time period as their "Level of Service" and it had
proven to be a good time period in the Street Maintenance Program. Mr. Ward reported that after exploring the
PQI ratings and talking to other municipalities, staff believed that Zones 4-A and B had ratings where they could
consider treatments that required less than a Slurry Seal application. He noted that it was their recommendation
to apply a Tire Rubber Modified Surface Seal, known as TRMSS, which would provide adequate protection,
raise the PQI ratings long enough over the next six years and rejuvenate the existing surface.
Mr. Ward referred to a map (a copy is available in the Clerk's office) and said that staff was not requesting this
for all streets, but for approximately 74% of the streets. He noted that the remaining streets would be slurry
sealed and reported that the Town's savings by utilizing TRMSS instead of Slurry Seal was over $330,000,
which provided street maintenance for both Zone 4-A and B and maintained the level of service for this area.
He added that not only was the level of service maintained, but it provided assurance that if oil prices increased,
as anticipated, they would realize a significant savings this fiscal year as well as next.
Mr. Ward provided a brief overview of the three different options and advised that staff recommended approval
of Option C for Zones 4-A and B (apply crack seal, TRMSS and slurry seal) in the amount of $420,863. He
noted that the funding sources came from HURF ($170,790) and the CIP ($285,210) and said that the total
budgeted amount that was approved in the Fiscal Year Budget was a total of $456,000. He added that staff was
seeking approval for a not to exceed cost of $436,000, slightly over the $420,863 (a 3.5% contingency is
included). Mr. Ward indicated his willingness to respond to questions from the Council.
Mayor Schlum thanked Mr. Ward for his presentation.
Town Clerk Bev Bender advised that there were no citizens wishing to speak on this item.
Councilmember Contino asked if this would be rubberized and Mr. Ward responded in the affirmative and
explained that it would have a rubber-modified application that was of a higher quality than what was used in
the past and it should quiet things down. He also confirmed that it would be longer lasting.
In response to a questions from Councilmember Contino, Mr. Ward noted that they arrived at the $420,863
figure by taking the square yards in both zones, looking at the streets and the PQI ratings and determining how
much needed to be crack sealed, how much slurry sealed and how much TRMSS application -- square yard
numbers that were obtained from the CAD operators. He reported that staff typically wrote the contract for a
one-year period of time and added that possibly they could get two years out of the one-year contract, which
they had not been doing in the past. He advised that the price was locked in because of the Tempe contract. He
added that they were close to the $420,863 because staff's number was $436,000 and explained that staff was
requesting the $436,000 because that was a not to exceed figure that provides a 3.5% contingency in case one of
the applications ran over.
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Mayor Schlum asked why staff was in favor of piggybacking with this contract versus doing what they had been
very successful with over the last year by going to bid.
Mr. Ward said that he believed they would benefit because they were getting a price from someone who had
already took the work out to bid. He noted that they had been doing piggyback projects with Chandler and
Scottsdale over the past three years and they had been successful. He stated that the reason staff liked to perform
in this manner was the contracts that they had for larger cities and towns were for larger amounts/quantities but
added that the contractor would honor these prices even for their community that had smaller amounts.
Mayor Schlum asked if staff was confident that this contract that had been bid out by a larger community would
benefit the Town and Mr. Ward responded that they were. He reported that he did some checking with the oil
companies and they said that the Town would be getting a very good price and added that if they waited much
longer, prices would increase for this type of application. He also noted that the City of Mesa was following this
application as well as the Town of Gilbert, the City of Chandler, Bullhead City, Scottsdale and Maricopa County
-- they were all trying to stretch their dollars.
In response to a question from the Mayor, Mr. Ward explained that staff had provided three options to the
Council so that the Council would have the ability to make the decision.
Mr. Ward confirmed that the proposal covered from the corner of Palisades and Fountain Hills Boulevard all the
way around Palisades and the area between Palisades all the way to Fountain Hills Boulevard all the way to
Shea.
Mayor Schlum asked what the detriment would be to delaying one of the sections and Mr. Ward stated that they
would pay more next year and this way they were covering themselves for two years -- a good cost savings
would be realized. Mr. Ward added that they were seeing the same thing in Zone 5 -- cost savings in portions of
Sunridge Canyon and North Heights. He advised that the zones were last done six to seven years ago.
Councilmember Dickey MOVED to approve the service agreement between Southwest Slurry Seal, Inc. and the
Town of Fountain Hills not to exceed $436,000 and Councilmember Archambault SECONDED the motion.
Town Attorney Andrew McGuire noted that this meant that they were going ahead with all of the options as
presented by staff under Option C and Councilmember Dickey and Councilmember Archambault concurred that
the motion was for approval of Option C.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #10 – UPDATE BY THE DIRECTOR OF PLANNING AND ZONING ON
ACTIVITIES AND PROJECTS.
Economic Development Administrator Lori Gary addressed the Council relative to this agenda item and
highlighted a PowerPoint presentation (a copy available in the office of the Clerk). She discussed the Retail
Market Analysis and explained that the purpose of this was to identify the businesses with retail demand. She
said that they wanted to identify the types of businesses that would be successful in Town and enhance the
quality of life for the citizens. She reported that they had a larger retail trade area than the municipal limits --
people who did not live in the community shopped here. They also determined that they had a high level of
disposable income and they had extreme retail leakage (i.e. they had many products and services that citizens
were going outside of the Town's limits to obtain). She said that this meant that there were opportunities to
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attract targeted businesses, specifically some of the businesses for which there was a demand for but they did
not yet have.
Ms. Gary reported that the five major targets that the study found that had major retail leakage included apparel,
building/lawn/garden products, entertainment and sporting goods, furniture and floor coverings and
restaurants/taverns. The work that had been done to date based on this study included contacting various
retailers in the listed categories and talking to them about a Fountain Hills' location. She stated that she had also
talked to the leasing agents regarding empty storefronts in shopping centers in Town. Ms. Gary advised that she
had also been contacting developers and believed that development opportunities existed in the Town as the
Retail Market Analysis showed. She said that they were also working on developing a synopsis of information
because the Retail Market Analysis was quite extensive and when talking with developers it was important to be
able to provide them with a "snapshot and/or a hook" -- what would it take to bring them into Town. She stated
that first they would present the synopsis and then when there was interest, they would provide them with the
entire Retail Market Analysis.
Ms. Gary said that they were continuing to itemize available retail space so they could quickly provide that
information to potential developers. She announced that the entire study was on the Town's website under the
Economic Development section -- 2009 Retail Market Analysis. She informed the Council that they had also
been working on an Event Analysis and thanked the Parks & Recreation Department and the Youth Council for
their assistance in this area. She explained that the purpose was to explore the socio-economic profile of the
attendees to better assist local merchants in targeting their advertising and specials and better target event
advertising and outreach. She provided general findings in this area and noted that of the two events targeted for
the study, 30% of the attendees were from out of Town; the Oktoberfest had a younger audience and Ballet
Under the Stars in general attracted more female attendees and tended to have a larger group size and more
children. She reported that all of the data entry had been completed on that and some draft reports had been
completed (a synopsis is underway). She said that when this was finished, they would like to disseminate that
information to the local merchants to help them understand the target audiences and better reach out to those
attendees. She added that the findings would be placed on the website once they had been completed.
Ms. Gary advised that in February, Google had announced plans to launch an experimental network and
requested information from communities that were interested in being a test market for the network (the result of
citizen input regarding this opportunity). She reviewed this and found it worthy of pursuit so she put together a
team to work on this and outreached and spoke to the City of Scottsdale regarding a joint application, which
they agreed to do. They launched a web-based survey for resident input on this and one of the criteria for this
particular application was citizen feedback. She reported that they had received wonderful input from the
citizens -- nearly 400 residents took the survey and the number did not include those citizens who jumped on the
Google website directly and nominated our community. They were then able to package the information and
include it in the application. They put together two submittals - one for the Town of Fountain Hills only and the
other for a joint application with the City of Scottsdale. She noted that the findings of the web-based survey had
not yet been released and they anticipated putting that on the website when their new website was launched.
Ms. Gary reported that the findings for the community survey were that most of the residents strongly support
the applications -- about 81% said that they strongly support the application versus 6.1% that strongly opposed
it. She noted that one of the questions they asked was whether the citizens had any concerns about the Town
being used as a test market and 61% had no concern about that. The concerns that were mentioned were
construction and whether there would be any interruption in the current internet network. The citizens advised
that the benefits to be realized (top four) would be resulting faster internet speeds, improved internet services for
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the existing business base, would allow the Town to take advantage of next generation applications (on the
cutting edge) and would create new businesses and employment. In response to question by the Mayor, Ms.
Gary stated that the Town should hear back from Google sometime in 2010.
Ms. Gary discussed the fact that citizens stated that the Town needed to attract businesses that brought young
professionals to Town, that the Town was in need of growth and more businesses and the resulting overall
businesses’ boost (enabling existing businesses as well as attracting new businesses); the fact that Google was
expected to make an announcement sometime in 2010 and would release a list of all the communities that
applied to be a test market -- over 1,100 communities; the Downtown Vision Plan, which was a public/private
partnership that divided the downtown into 9 Districts to enhance the quality of life, create jobs and increase the
vitality of the downtown area; outreach that was conducted with developers/retailers for the downtown area; the
fact that the Lakeside District Project Team had been formed to see what they could do about moving that
particular District forward and creating activity; the fact that Ms. Gary was working with the Town Center
Group (downtown merchants), the Business Vitality Advisory Council, the Visitors' Bureau as well as the State
Association for Economic Development and the Greater Phoenix Economic Council; efforts being expended to
work with economic development staff in other communities; the labor market and an analysis that had been
done (Trade Area Analysis), which showed that within the average 30-minute commute time from Fountain
Hills there were approximately 124,000 people in the workforce; the Savory Spots Dining Guide that had been
put together and the fact that to date 8,000 copies had been distributed (updated monthly and on the Town's
website as well as the Chambers' and the Visitors Bureau); the fact that there were currently 55 dining
establishments in Town; and the importance of continuing to receive input from citizens, business owners,
leasing agents and realtors regarding businesses that might be interested in relocating or expanding in Fountain
Hills.
Ms. Gary thanked the Council for the opportunity to address them this evening and indicated her willingness to
respond to any questions.
Mayor Schlum thanked Ms. Gary for her presentation.
Councilmember Contino thanked Ms. Gary for her hard work to date and asked what Ms. Gary was doing to
help existing businesses survive the summer months. He noted that 65% of the people who live in Town go
outside of the Town's limits to get to work. He said that they had never had enough of an influx to work with.
He stressed the importance of helping the existing businesses survive. He said they talked about bringing in
new businesses for a long time but right now was the time to focus on what already existed and help them
survive during these very difficult times.
Ms. Gary responded that there were a variety of ways in which they were currently working to enhance existing
businesses -- i.e., the Savory Spots Dining Guide (the citizens did not realize that the Town had that many
restaurants). She added that they partnered with the Chamber of Commerce and the Visitors' Bureau in
distributing the Guide. She said that they also established the Customer Loyalty Program and stated that she
would be happy to meet with any and all businesses that would like to participate in that program and share with
them information regarding the opportunities that exist.
Mayor Schlum commented that they all wanted the existing businesses to succeed and it was difficult to see
them struggle so much, largely due to the economy. He asked whether Councilmember Contino had any
specific ideas in mind that he would like to share.
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Councilmember Contino replied that he would like to see Ms. Gary go out and actually contact businesses and
find out what their specific needs were. He said that no one had ever come into his business to find out what he
or his wife's needs were.
Mayor Schlum stated that the Town Center Group worked on a collaborative effort -- advertising, events, etc. to
make more things happen and leverage the limited resources available to allow individual businesses to do more
as a group. He added that there were opportunities for businesses to be a part of different cooperative efforts.
He asked what the Town could do specifically to help businesses -- he stressed the importance of people
bringing those types of ideas forward. He commented that Fountain Hills was a very good place to do business
because they had a very low property tax, they had adopted a Sign Ordinance brought forward by the merchants,
they had an Open Door Policy and attended Business Vitality meetings and had discussion about the businesses'
needs and were attentive and acted on those things -- he added that they acted on everything that came to them
from citizens and businesses. He noted that they contracted with the Fountain Hills/Fort McDowell Tourism
Bureau so that that organization, on contract, expended effort to bring more into Town to support all businesses.
He said that he was not sure what else they could do and if people had ideas they needed to bring them forward
and not just voice concerns about what was not being done.
Councilmember Contino stated that what they needed to take a look at was the fact that so many people come
into Town but they did not shop here and people who live here shop out of Town. He said that many people
were just here to sleep and he wanted to know how they get those residents living here to spend their money
here.
Mayor Schlum agreed that they needed people to shop locally and acknowledged the tremendous retail leakage
that existed. He commented that it was to be expected to some extent because they were adjacent to one of the
mega shopping places in the world, Scottsdale, and a lot of people worked outside of Town and bought things
on their way home. He added that he was not sure, apart from asking and having businesses provide the
services, the customer service and the products available that people want at a price they thought was
competitive, and making sure that the businesses were letting the residents in Town through a variety of means
know that they exist, exactly what the Council's role was as a municipality other than making sure that business
could easily be conducted in Town and not getting in their way. He encouraged everyone to keep bringing ideas
forward and become part of the collaborative effort.
Councilmember Archambault stated that Ms. Gary had been very busy and commended her on her efforts to
date. He added that she was a breath of fresh air and the Town had needed an Economic Development
Administrator for a long time. He said that he wholeheartedly supported everything that she was doing.
In response to a question from Councilmember Archambault, Ms. Gary confirmed that in addition to the Town's
website, the Savory Spots Dining Guide was also available on the Chamber's website and the Visitors' Bureau
website -- and the Visitors' Bureau would like to add the dining opportunities that were available at Fort
McDowell to the Guide and take over keeping it up to date as well as printing/publishing it. She advised that
conversations had taken place about transitioning that over to the Bureau.
Councilmember Archambault asked whether the opportunity existed to get the Savory Spots Dining Guide out
to the outlying communities (flier, e-mail, etc.) such as Payson and Ms. Gary said absolutely -- the sky is the
limit on the variety of opportunities and that was one of the reasons why the Visitors' Bureau was very interested
in putting the additional restaurants at Fort McDowell in the Guide.
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Councilmember Archambault reported that Payson partnered up with some of the restaurants in Strawberry and
Pine and spoke in favor of collaborative efforts such as this.
Vice Mayor Hansen noted that the Guide was also being distributed by the concierges at the various resorts and
questioned whether it was possible to place the Guide at the Town's various lodging facilities -- hotels, Bed &
Breakfasts, etc. She added that it was encouraging that there were 30% of people from outside of Town
attending Town events.
Additional discussion ensued relative to the importance of capturing more of the people who visit Town;
Councilmember Dickey’s point that it would be beneficial to become involved with the Department of
Commerce and Department of Tourism as well; Councilmember Dickey’s comments regarding the difficult
summer months and question as if whether any models existed to help the Town get through those seasonal
difficulties (seasonal as was the case in Cape Code and the beach areas in New York) so that there was
knowledge for those living here in the summer that services would continue but would not be as they were in the
winter; the fact that Ms. Gary was aware of and has had interactive dialogues over the past six or seven months
with the Arizona Department of Commerce regarding the changes that were going to take place there; the fact
that Ms. Gary had been asked for input and had sat on some panels to discuss a variety of opportunities and
models as to what would help Arizona be much more successful in economic development; the fact that the
Department was a great partner and she was a big fan of that organization; the fact Ms. Gary was looking
forward to when the new model would be rolling out and how she could better work with them; Ms. Gary
discussed the high seasons/low seasons for the tourist industry and the importance of taking advantage of what
was happening during the high seasons as well as the "shoulder" seasons (an opportunity that needed to be
discussed); Councilmember Dickey’s questions relating to the possibility and benefits of taking advantage of
business opportunities regarding those larger events (i.e. Presidential conventions, Pro-bowl game, Super Bowl,
Nascar etc.) held in the metropolitan area (such as transportation, restaurant, or lodging packages) and Ms.
Gary's intention to discuss that with the Visitors' Bureau; the importance of ensuring that local businesses were
successful and building a strong base in the downtown area; the fact that Ms. Gary was currently serving as the
President Elect for the Arizona Association for Economic Development and would officially take office next
month and anticipated benefits for the Town; e-mails received regarding the downtown area and noise and the
fact that with vibrancy comes noise and the quality of life in that area would always be a balancing act, just as it
was with signage and the fact that Ms. Gary would continue to work with those involved in an effort to help
balance that quality of life.
Mayor Schlum reiterated his appreciation to Ms. Gary for her hard work.
AGENDA ITEM #11 – QUARTERLY UPDATE BY THE DIRECTOR OF PLANNING AND ZONING
ON ACTIVITIES AND PROJECTS.
Planning & Zoning Director Richard Turner discussed 1st quarter Economic Development activities as follows:
* New General Plan 2010 (Ratification Election on May 18th)
* Consolidation of Land Disturbance Rules
* A-frame Sign Permit process implemented
* Master Preliminary Plat on Former State Trust Land (STL)
* Department support of the U.S. Census related projects
* Plans for Public Works projects
* 152 efountain requests completed
* $146,000 in grants received for three energy projects
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* 2009 Land Use Report and Statistical Analysis completed
* Research on Noise Rules (Current project)
* 120 Building Permit Applications (including 25 solar and 2 new Single Family Homes)
* Applications processed (TUPs, Concept Plan, Plats)
* Issued RFP for Refuse Hauling and Recycling
* Code Cases - 328 cases addressed (237 last quarter)
Discussion ensued relative to the LEED Building Program, LEED for Homes Providers, fees associated with
LEED (USGBC fees paid to them) and Pima County's $1,105 plus $319 inspection fee, 3,000 homes in the
United States that have been LEED certified and 16,000 in process; ways in which the Building Safety
Department is being "Green-Wise" including plans to review the upcoming International Energy Conservation
Code, lower permit fees for solar, quick turn-around for solar permits and the fact that on the horizon there will
be the International Green Construction Code; Electronic Signage and the fact that these are customers' requests
but the Zoning Ordinance does not currently allow it; the fact that staff surveyed 13 other Valley communities
and eight allow some form of electronic signage; factors to be considered such as how large, how bright,
animation, static display, Pima County's Enterprise Fund, changeable text, flashing, scrolling, restrictions by
use; the Planning and Zoning Commission's opinion that electronic signage would be inconsistent with the
natural beauty of the Town and their feeling that a lack of support has been expressed at the public Open Houses
on the sign regulations and the importance of receiving Council direction. (A complete copy of the presentation
is available in the office of the Town Clerk.)
In response to questions from Councilmember Dickey Town Manager Rick Davis explained that an Enterprise
Fund was an account that was set up and accounted for much like a business account -- separate from the
General Fund. He said that generally the cities associated with the provision of services like utilities had them
(like a business account for the cities). He added that generally any profits go into a fund balance or reserve
much like they would another fund. He stated that sometimes those balances were transferred to other
governmental needs but there were usually certain restrictions on doing that.
Mr. Turner advised that future issues include a requested IGA with the AZ Department of Fire, Building and
Life Safety - Office of Manufactured Housing, taking over the responsibility for inspection of homes that come
to Town -- installation, fees and the minimal impact on the work load. He also discussed Electric Vehicle
Charging Stations and said that staff was approached by a private company that received a Federal grant to
install electrical vehicle infrastructure in five target market areas throughout the country, one of which is the
Phoenix-Tucson area. They planned to install charging stations in garages of single-family homes and on
strategically located commercial properties. They would also put a charging station on Town property at no cost
to the Town if they wanted one. The Town would pay for the electricity that would be used but they could
charge vehicles to park in the spots and hook up to the charging station. Mr. Turner explained that the charging
station is a pedestal that would serve two electric vehicles and noted that it takes several hours to get a full
charge. He added that staff had briefly looked into some possible locations for the station and came up with
possibly a pair of remote parking spaces in the Library parking lot. He urged the Council to provide feedback
relative to this issue.
Mayor Schlum thanked Mr. Turner for his presentation.
Councilmember Dickey stated that the reason they had talked about LEED for home providers was because they
became aware of the fact that there was training available at no cost so this was something to look at. She said
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that if they could take advantage of that training and then move ahead, keeping in mind it could be beneficial to
some of the new development they might be having. She asked Mr. McGuire if the Green International
Construction Code would fall under the moratorium and to verify whether they would not actually be allowed to
do that unless it was after the deadline.
Mr. McGuire replied that any of the new I-codes that were either pending or not quite adopted were probably
covered by that moratorium.
Councilmember Dickey commented that if they proceeded, they could not really do anything until they were
past the date that was imposed upon them.
Councilmember Archambault discussed the Electric Vehicle Charging Stations and asked if there was
opportunity to use that grant above and beyond putting in a Station such as bringing in a natural gas station. He
noted the large number of vehicles that utilized natural gas and pointed out that there was a natural gas line that
ran down Shea Boulevard. He said that would be a perfect opportunity for one of the service stations to
cooperate with the company and put in an Electric Vehicle Charging Station along with a natural gas charging
station aside from the pumps that are already there. He asked if any discussion had taken place regarding this.
Mr. Turner advised that this particular grant program that the company had received funding for was limited to
electric vehicles but said that that was a great idea.
Councilmember Archambault stated that he was thinking perhaps they could partner with one of the gas stations
that could then bring in a natural gas setup and put it off to the side with the Electric Station.
Mr. Turner said that he was in contact with the representative and would broach that idea with him and obtain
his feedback.
Councilmember Leger stated that he wanted to approach the Town Manager relative to the two presentations
that were received this evening from Ms. Gary and Mr. Turner. He noted that Ms. Gary discussed outreach to
business owners and he knew that was being done and it was a great thing. He added that Mr. Turner discussed
studying the noise rules, etc. He stated the opinion that a wonderful opportunity existed, if Mr. Davis agreed, to
have Mr. Turner and Ms. Gary get together and conduct outreach regarding noise and sitting down at the table
and having discussions about what the real issue was, what the parameters were, what they were doing, what
was possible and what was not. He said that he believed this was important and equally important was having a
discussion with some of the neighbors in the area. He added that they needed to look at this issue as an
opportunity to have this discussion and begin mediating because they were talking about creating an
Entertainment District downtown and issues would be raised.
Councilmember Contino thanked Mr. Turner for the update and asked how they were coming on the signs that
had to have a permit placed on them. He said that he had seen very few signs with any kind of a sticker on them
and some signs had arrows on them, which they were not supposed to have.
Mr. Turner responded that staff did conduct some outreach to the businesses that had A-frame signs and Gene
visited 40 businesses. He reported that staff had issued 27 permits to date and worked on a complaint basis -- if
a complaint was received staff would go out and talk to the business. He said that if the Council desired, staff
could redouble their efforts and contact the businesses that had not yet come in and obtained permits.
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Councilmember Contino advised that he saw a lot of them on Saguaro Boulevard, all the way from one end to
the other.
Mayor Schlum stated that Councilmember Contino brought up a good point and said that the idea behind the $5
permit fee was to encourage people to come in and become informed and not burden the businesses with fees.
He stressed the importance of urging the Town's businesses to be sensitive to the quality of life and the
ordinances that were in place. He noted that the Town was not being as proactive as they were as far as
ordinance adherence and they had less staff to do that as well so they needed to encourage businesses on their
own to proactively learn/understand what the ordinances were and follow those rules so that resources did not
have to be expended in this area. He added that the Town understood that the signs helped the businesses and
was trying to be business friendly but cooperation was needed in this important area.
Councilmember Contino advised that he simply wanted to know how the program was progressing and was not
throwing stones or darts at the businesses.
Mayor Schlum asked if there was a percentage staff could provide regarding the number of signs on Saguaro
that should have the permit stickers on them.
Mr. Turner replied that he could not provide a percentage at this time but would check and provide that
information at a later date.
Mayor Schlum asked the businesses to become more compliant and not make it necessary for the Town to do
policing and to remain the great partners that they had been and cooperate.
AGENDA ITEM #12 – COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMS
LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH ITEMS ON
A FUTURE AGENDA FOR ACTION OR (ii) DIRECTING STAFF TO CONDUCT FURTHER
RESEARCH AND REPORT BACK TO THE COUNCIL:
Councilmember Leger stated that earlier this evening when they had the discussion about the Substance Abuse
Prevention Coalition and the fine work that they were doing, he had forgotten to mention that in the Fountain
Hills Times today, sponsored by the Coalition, there was a public service message. He stated that he considered
this an education piece that brought attention to parents that it was not cool to let your children drink, talked
about what school administration would do to deal with underage drinking and also quoted the Arizona State
laws and talked about fines. He advised that it certainly caught his attention as a parent and he wanted to say
"kudos" to the group for putting out a piece of educational material that certainly had an impact on him and
hopefully would have an impact on others.
AGENDA ITEM #13 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT
ACTIVITIES BY THE TOWN MANAGER.
Mr. Davis stated that staff looked forward to continuing to work with the Council on the budget process this
Tuesday. He added that staff would provide the Council with a preliminary budget as soon as possible. He
thanked the Council for their partnership throughout this entire effort.