Loading...
HomeMy WebLinkAbout2010.0819.TCRM.Minutesz:\council packets\2010\r9-16-10\100819m.docx Page 1 of 20 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL August 19, 2010 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:32 p.m. in the Fountain Hills Town Hall Council Chambers. * INVOCATION – Leann Gratz from Church of the Ascension * ROLL CALL Present for roll call were the following members of the Fountain Hills Town Council: Councilmember Dickey, Mayor Schlum, Councilmember Leger, Councilmember Contino, Vice Mayor Brown, Councilmember Hansen and Councilmember Elkie. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. * MAYOR'S REPORT None. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Introduction of Paul Mood, the Town's new Development Services Director Town Manager Rick Davis introduced Paul Mood, the Town's new Development Services Director to the Council. He said that staff was very pleased to have Mr. Mood as the newest member of the team and said he came with a great deal of experience and would be an asset to the Town. Mayor Schlum outlined Mr. Mood's extensive background and experience and, on behalf of the Council, staff and citizens of Fountain Hills, congratulated him on his selection as the Town's Development Services Director and welcomed him to the Town. He invited Mr. Mood to present some remarks. Mr. Mood addressed the Council and thanked the Town Manager for the opportunity to serve the Town and said that hopefully his background, experience and expertise would be of benefit to the Town of Fountain Hills. He acknowledged the dedicated, hard working staff in Town and said he looked forward to working with them. He commented on the beauty of the community and once again thanked everyone for the opportunity to become a member of the Town of Fountain Hills team. (ii) Presentation by Deputy Town Manager/Finance Director Julie Ghetti regarding the Town of Fountain Hills 4th Quarter Budget Report for the period ending June 30, 2010. Deputy Town Manager/Finance Director Julie Ghetti addressed the Council relative to this agenda item and highlighted a PowerPoint presentation (Copy on file in the office of the Town Clerk). z:\council packets\2010\r9-16-10\100819m.docx Page 2 of 20 Ms. Ghetti reviewed Revenues - All Funds for the Fiscal year ending 6/30/2010 (Fund, Budget, Actual and Overage/(Under); Revenue Variances, and noted that General Fund variance was due to local sales tax revenues, vehicle license tax, building fees and State sales tax. She advised that construction grants not received amounted to $2.3 million and the Capital Projects variance was due to Saguaro mill and overlay ($4.5 million) and stimulus fund not received ($5.2 million). Ms. Ghetti referred to charts and discussed General Fund Revenues, Local Sales Tax Revenues; Expenditures - All Funds; Expenditure variances and the fact that the General Fund variance was due to budget reductions, including layoffs and construction grants not received. She added that the Capital Projects variance was due to Saguaro mill and overlay ($4.5 million), the Shea Climbing Lane paid with stimulus funds ($4.3 million) and the Fire Station relocation grant, which was declined ($1.5 million). Additional discussion ensued relative to General Fund Expenditures (GFE) by department as of June 30, 2010, for a total of $13.3 million; GFE - Budget to actual by department; HURF (Streets) fund budget to actual by program; Excise Tax/Economic Development budget to actual by line item; Development Fee revenue (Law Enforcement, Fire & Emergency, Streets, Parks & Recreation, Open Space, Library & Museum and General Government); Development Fee Expenditures for the same categories; the Capital Projects fund; and the year end fund balance by fund for a total of $22,742,990. Ms. Ghetti indicated her willingness to respond to questions from the Council. Mayor Schlum thanked Ms. Ghetti for her presentation. In response to a question from the Mayor, Ms. Ghetti confirmed that there was just under $10 million in Capital Reserves for the larger capital items and the General Operating Fund Budget was just $6.6 million. Ms. Ghetti thanked the Council for allowing her the opportunity to address them and said that there might be adjustments by the auditors but staff did not expect anything significant. She added that staff was hopeful that the recent economic activity that they were experience indicated that the Town would not have to do any more budget adjustments for Fiscal Year 2011 and said that staff would continue to monitor to ensure that the economy kept moving. She advised that this report was available on the Town's website under the Finance Division's Report. Mayor Schlum commented that the bottom of the report talked about some surplus and said they had obviously made some dramatic changes last Fiscal Year and were able to meet the budget and come up with $100,000 in surplus, which went into Capital. Ms. Ghetti thanked the Council and staff for allowing them to make the necessary adjustments and they ended the year with approximately $130,000 surplus in the General Fund. Mayor Schlum stated that it had been a very challenging year and that he knew that they had a difficult one to face ahead. He commended staff for staying on top of it and keeping the Council engaged and on top of things so that they could make those changes happen (reductions and very difficult choices). He asked where the Rainy Day Fund appeared and Ms. Ghetti stated that it was actually set aside as a separate fund because if they needed to use it, it was actually already appropriated. She advised that it was about $1.3 million dollars and that had not been touched. Councilmember Dickey thanked Ms. Ghetti and commented on the Week in Review that Ms. Ghetti recently sent out. She said that the good news was that the July activity showed restaurant and overall retail activity was higher than 2008-09 and 2009-10 so hopefully this was a trend and they look forward to receiving additional good news as they moved forward. z:\council packets\2010\r9-16-10\100819m.docx Page 3 of 20 Councilmember Leger asked whether the $1.3 million was part of the $6.6 million and Ms. Ghetti indicated her intention to double check that and provide a clarification to the Council. Mayor Schlum thanked Ms. Ghetti and her staff for their hard work and staff Town-wide for their efforts and hard work. Mayor Schlum said that before they moved on to the next item, he would like to comment on the recent tragic drowning of a two-year old child in Town. He urged everyone to make sure that they were watching their children, particularly around water. He added that the Town's responders last week and this week certainly had a hard time and CARES was there providing whatever assistance possible, which was greatly appreciated. He said that an informational page on preventing drownings could be accessed on the Town's website and thanked the Fire and MCSO Departments for doing their very best to protect the community. * CALL TO THE PUBLIC None. * CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM AUGUST 5, 2010 AND THE TOWN COUNCIL SUBCOMMITTEE MEETING MINUTES FROM AUGUST 9, 2010. AGENDA ITEM #2 – CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION BY JUAN GONZALEZ TORRES (F.H.I. SAN JUAN LLC, DBA SENOR TACO) LOCATED AT 16948 EAST SHEA BOULEARD, STE. 105, FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES 12 LICENSE (RESTAURANT). AGENDA ITEM #3 – CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION SUBMITTED BY CAROLYN M. REDONDO, (SOFRITA LLC, DBA SOFRITA) LOCATED AT 16848 AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES 12 LICENSE (RESTAURANT). AGENDA ITEM #4 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY SHARON ELAINE MORGAN (FOUNTAIN HILLS SISTER CITIES CORPORATION) FOR THE PURPOSE OF A FUNDRAISING EVENT (CARNIVAL COSTUME BALL), LOCATED AT 13001 N. LA MONTANA DRIVE, FOUNTAIN HILLS, AZ, AND SCHEDULED TO BE HELD ON MARCH 5, 2011, FROM 5:00 P.M. TO 10:00 P.M. AGENDA ITEM #5 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY JEROLD LANE MILES (FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY) FOR THE PURPOSE OF A FUNDRAISING EVENT (HISTORICAL SOCIETY DINNER MEETING), LOCATED AT 13001 N. LA MONTANA DRIVE, FOUNTAIN HILLS, AZ, SCHEDULED TO BE HELD ON JANUARY 19, 2011, FROM 6:00 P.M. TO 10:00 P.M. AGENDA ITEM #6 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY JEROLD MILES (FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY) FOR THE PURPOSE OF AN EVENT (ANNUAL HALL OF FAME INDUCTION DINNER), LOCATED AT 13001 N. LA MONTANA z:\council packets\2010\r9-16-10\100819m.docx Page 4 of 20 DRIVE, FOUNTAIN HILLS, AZ, SCHEDULED TO BE HELD ON MARCH 30, 2011, FROM 6:00 P.M. TO 10:00 P.M. AGENDA ITEM #7 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTD BY JEROLD LANE MILES (FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY) FOR THE PURPOSE OF AN EVENT (HISTORICAL SOCIETY DINNER MEETING), LOCATED AT 13001 N. LA MONTANA DRIVE, FOUNTAIN HILLS, AZ, SCHEDULED TO BE HELD ON MAY 18, 2011, FROM 6:00 P.M. TO 10:00 P.M. AGENDA ITEM #8 - CONSIDERATION OF SPECIAL EVENTS BEING COORDINATED BY THE TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT: THE MOVIE IN THE PARK (SEPTEMBER 11, 2010); BALLET UNDER THE STARS (SEPTEMBER 23, 2010); THE HOMECOMING PARADE (OCTOBER 6, 2010); AND THE HOMECOMING TAILGATE PARTY (OCTOBER 8, 2010). SAGUARO BOULEVARD WILL BE CLOSED FROM AVENUE OF THE FOUNTAINS TO PALISADES BOULEVARD FOR THE MOVIE IN THE PARK AND THE BALLET UNDER THE STARTS EVENTS. SECTIONS OF AVENUE OF THE FOUNTAINS AND PAUL NORDIN PARKWAY WILL BE CLOSED FOR THE HOMECOMING PARADE. AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 2010-32, GRANTING AN 8' WIDE POWER DISTRIBUTION EASEMENT TO SALT RIVER PROJECT (SRP), AT 17235 E. RAND DRIVE (THE TOWN-OWNED COMMUNITY THEATER PROPERTY). EAA 2010-02. Councilmember Elkie MOVED to approve the Consent Agenda as listed and Councilmember Dickey SECONDED the motion. A roll call vote was taken with the following results: Councilmember Dickey Aye Mayor Schlum Aye Councilmember Leger Aye Councilmember Hansen Aye Councilmember Contino Aye Vice Mayor Brown Aye Councilmember Elkie Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM #10 – CONSIDERATION OF APPOINTING THREE CITIZENS TO FILL VACANCIES ON THE STRATEGIC PLANNING ADVISORY COMMISSION (SPAC), EACH FOR A 2-YEAR TERM EXPIRING ON JUNE 30, 2012. Mayor Schlum MOVED to approve the appointment of Audra Koster-Thomas, John T. McEvoy and Barry K. Spiker to fill vacancies on the Strategic Planning Advisory Commission (SPAC), each for a 2-year term expiring on June 30, 2012 and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). z:\council packets\2010\r9-16-10\100819m.docx Page 5 of 20 Mayor Schlum thanked everyone who applied to fill the vacancies and noted that this was a very important Commission that had done a great deal of excellent work for the Town. Audra Koster-Thomas, at the request of the Mayor, stood and was recognized. The Mayor thanked her for once again serving as a member of the SPAC. AGENDA ITEM #11 - PRESENTATION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE RIVER OF TIME MUSEUM CONSTRUCTION OF A 16' X 25' X 18' X 27' (442 SQUARE FEET) TRAPOZOID CONFIGURATION CABLE TENSION SHADE STRUCTURE WITH AN ENTRY HIGHT OF 9' ON TOWN PROPERTY ADJACENT TO THE MUSEUM. COSTS TO BE PAID FOR BY THE RIVER OF TIME MUSEUM THROUGH PRIVATELY DONATED FUNDS AND AUTHORIZING THE TOWN MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO CARRY OUT THE COUNCIL'S DIRECTION. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and stated that the request before them involved the River of Time Museum's construction of a 442 square foot trapezoid configuration cable tension shade structure with an entry height of 9' on Town property adjacent to the Museum. He advised that the Museum had conducted fund raisers in order to accumulate enough money to cover the costs of installing the large shade structure over the patio located on the east side of the Museum building. He noted that the shade structure was intended to allow the Museum to hold functions and/or events outside rather than being confined to only using indoor space during the hotter months. Mr. Rodgers informed the Council that the Museum and the proposed location of the shade canopy were located on Town property; therefore, any new construction proposal must receive approval from the Town Council prior to being built. He said that Planning, Building and Facilities staff had met with the applicants and outlined the procedures necessary for Council approval and for receiving a Building Permit. He added that the Town Attorney's office had drafted a Resolution and an easement agreement that permitted the Museum's contractor to construct the shade structure on Town property. He emphasized that the River of Time Museum had raised all funds necessary for the construction of the shade canopy from private sources and no fiscal impact to the Town was anticipated. He reported that the structure would have an 8-year warranty. Mr. Rodgers stated that staff recommended approval of the trapezoid configuration, cable tension, shade structure with an entry height of 9' to be construction on Town property adjacent to the River of Time Museum subject to the five (5) stipulations outlined in the staff report (Copy available in the office of the Town Clerk). Mr. Rodgers indicated his willingness to respond to questions from the Council. Mayor Schlum thanked Mr. Rodgers for his presentation. Town Clerk Bev Bender advised that there were no citizens wishing to speak on this agenda item. Councilmember Hansen MOVED to approve authorizing the River of Time Museum to construct a 16'x25'x18'x27' (442 square feet) shade structure on Town property adjacent to the Museum as presented this evening and to direct the Town Attorney to draft and authorize the Town Manager and Town Clerk to execute any documents and take any steps necessary to carry out the Council's direction and Councilmember Leger SECONDED the motion. The Mayor stated that the donors were very generous and this would be a wonderful addition. The motion CARRIED UNANIMOUSLY (7-0). z:\council packets\2010\r9-16-10\100819m.docx Page 6 of 20 AGENDA ITEM #12 – PUBLIC HEARING REGARDING AN ENDORSEMENT BY THE TOWN COUNCIL OF FOUNTAIN HILLS FOR A BINGO LICENSE FOR THE AMERICAN LEGION POST 58, LOCATED AT 16837 E. PARKVIEW AVENUE, FOUNTAIN HILLS, AZ. Mayor Schlum declared the public hearing open at 6:58 p.m. He said that items 12 and 13 would be heard at the same time. Deputy Town Manager/Finance Director Julie Ghetti addressed the Council and stated that the American Legion Post 58 was seeking endorsement by the Council for a Bingo License Application for their Post. She noted that endorsement by the Town's governing body was required prior to the applicant forwarding the Bingo License Application on to the Department of Revenue. She said that the proposed days and times of days would be Wednesdays, Saturdays and Sundays at their East Parkview Avenue location. The Fort McDowell-Yavapai Nation was aware of the application and was neutral on this issue. She noted that representatives from the Legion were in attendance this evening and were available for any questions. Mayor Schlum thanked Ms. Ghetti for her presentation. Ms. Bender advised that one citizen wished to speak on this agenda item. Roger M. De Angelis, American Legion Commander, addressed the Council relative to this agenda item and advised that the games were for only members and their guests and that the events would not be open to the public. He briefly explained the games and the payouts. He noted that members would be required to show an ID card in order to gain entry and play. He said that they hoped that the license would help the Post generate funds. Mr. De Angelis urged the Council to support the endorsement of the Bingo License. Mayor Schlum declared the hearing closed at 7:02 p.m. and thanked Mr. De Angelis for his comments. AGENDA ITEM #13 – CONSIDERATION OF AN ENDORSEMENT BY THE TOWN COUNCIL OF FOUNTAIN HILLS FOR A BINGO LICENSE FOR THE AMERICAN LEGION POST 58, LOCATED AT 16837 E. PARKVIEW AVENUE, FOUNTAIN HILLS, AZ. Councilmember Dickey MOVED to approve endorsement of the Bingo License application for American Legion Post 58 by the Mayor and Town Council of the Town of Fountain Hills and Councilmember Hansen SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #14 - CONSIDERATION OF RESOLUTION 2010-26, AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION (ADOT) FOR A HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT FOR VARIOUS TRAFFIC SIGNAL SAFETY UPGRADES, FOR $26,580 (100% FEDERAL AID FUNDING, FOR MATERIALS). Town Engineer Randy Harrel addressed the Council relative to this agenda item and briefly outlined the staff report (Copy on file in the office of the Town Clerk). Mr. Harrel stated that this evening the Council was being asked to approve Resolution 2010-26, an Intergovernmental Agreement with the Arizona Department of Transportation (ADOT) for a Highway Safety Program grant for various traffic signal safety upgrades, for $26,580 (100% Federal Aid Funding, for materials). Mr. Harrel explained that the Town submitted a proposal and was selected to receive a Highway Safety Improvement Program (HSIP) grant by the Maricopa Association of Governments (MAG) in April 2010. He noted that this grant was to make safety upgrades to 8 of the Town's existing traffic signals. He added that the grant was for $26,580 and covered 100% of the materials cost, with Town staff installing the materials. z:\council packets\2010\r9-16-10\100819m.docx Page 7 of 20 Mr. Harrel briefly outlined the safety upgrades and noted that the larger and brighter (LED) signal heads included in the project had been shown nationally to be an effective means to reduce signalized traffic accidents, which was the purpose of the grant work. He said that they also provided additional long-term environmental and cost benefits to the Town. He advised that safety benefits include less traffic disruption and increased worker safety due to the less frequent bulb replacements (most bulb replacements involved traffic lane closures and/or working overhead from a boom truck lift). Mr. Harrel informed the Council that these same design improvements had been incorporated in the original design and construction of the Town's two most recently constructed traffic signals and the same design improvements were a part of the Shea Climbing Lane improvements at the Palisades and Fountain Hills Boulevard intersections, which were currently under construction. He said that this grant would allow staff to complete the conversion of all traffic signal bulbs within the Town to LED. He advised that staff anticipates that this work would be installed during the late summer and early fall of this year. He stated that staff recommends approval of this IGA with ADOT and indicated his willingness to respond to questions from the Council. Mayor Schlum thanked Mr. Harrel for his presentation. Ms. Bender advised that there were no citizens wishing to speak on this agenda item. Councilmember Dickey MOVED to approve Resolution 2010-26, to enter into an IGA with the Arizona Department of Transportation and Councilmember Hansen SECONDED the motion. Mayor Schlum commented that the LED lights were intense and commented on the Town’s Dark Skies policy. He asked if there would be any "spill over" from the lights into residential areas adjacent to the sites. Mr. Harrel responded that staff would be closely monitoring the situation and if any complaints were received they would certainly check them out. He added that hopefully the lights would light up the road but not the adjacent neighbors' homes. In response to a question from Councilmember Leger, Mr. Harrel confirmed that the LED lights were more focused. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #15 - CONSIDERATION OF RESOLUTION 2010-29, AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PROJECT NO.: ARRA-CM-FTH-0(006)A; BIKE LANES/PAVEMENT PRESERVATION, SHEA BOULEVARD: FROM FOUNTAIN HILLS BOULEVARD TO SAGUARO BOULEVARD, FUNDED BY ARRA/RECOVERY ACT FUNDS IN THE AMOUNT OF $1,081,614.00, FEDERAL STP FUNDS IN THE AMOUNT OF $440,000.00, AS WELL AS TOWN MATCHING FUNDS IN THE AMOUNT OF $115,095.72, FOR AN ESTIMATED PROJECT TOTAL OF $1,636,709.72; PROVIDING FOR THE TERMINATION OF INTERGOVERNMENTAL AGREEMENT (IGA) #JPA 02-191, WHICH WAS APPROVED MAY 1, 2003; AND TRANSFERRING THE REMAINING FUNDS TO PROJECT NO. ARRA-CM-FTH-0(006)A. Town Engineer Randy Harrel addressed the Council relative to this agenda item and outlined the staff report (Copy of the presentation on file in the office of the Town Clerk). Mr. Harrell noted that the project encompassed the budgeted projects of both the "Shea Gap Overlay" project and the "Shea Boulevard Bike z:\council packets\2010\r9-16-10\100819m.docx Page 8 of 20 Lane" (and median) project. He advised that the project would mill and provide a 2" rubberized asphalt overlay for both the eastbound and westbound lanes of Shea Boulevard from west of Technology Drive to east of Fountain Hills Boulevard. He stated that the project would also construct the south (eastbound) bike lane and would construct median curbs, landscape and irrigate the two remaining sections of uncurbed center median on Shea Boulevard. Mr. Harrel informed the Council that last winter ADOT received excellent bids on the westbound Shea Climbing Lane project (Palisades Boulevard to Fountain Hills Boulevard), which included committed ARRA, STP and Town matching funding. He stated that because of the excellent bids received, the ARRA funds were not needed for that project and, through this IGA, were being transferred to this project. He noted that the Town did not need to provide matching funds for the Federal ARRA funds. He further stated that during 2005, the Shea Boulevard Bike Lane project (including medians) had been bid and contracted through ADOT and the bid had been cancelled and was not constructed. He added that the Termination of Intergovernmental Agreement document provided to the Council terminated that agreement and returned the Town's remaining design review funds directly to the Town, which were on deposit at ADOT ($1,453.24); transferred the Town's remaining project construction funds, which were also on deposit at ADOT ($115,095.72) to this new IGA's project, and transferred the committed Federal Aid, Surface Transportation Program (STP) funding ($440,000) for that project to this new project. He reported that the total available funding was $1,636,709.72. Mr. Harrel advised that on May 20, 2010, the Council approved a contract with Parsons, Brinkerhoff for the design of this project, including the overlay, bike lane, median curbs, landscaping and irrigation. He said that those plans, specifications and cost estimate for this project were currently submitted to ADOT for 95% review. He added that most of the required ADOT clearances for this project had been obtained. Mr. Harrel said that staff recommended approval of the IGA, including the Letter of Termination referred to above. He indicated his willingness to respond to questions from the Council. Mayor Schlum thanked Mr. Harrel for his presentation. Ms. Bender advised that there were no citizens wishing to speak on this agenda item. Councilmember Leger asked when staff estimated that construction would begin and Mr. Harrel replied that ADOT was in the "driver's seat" but his best guess would be winter of this year. Councilmember Dickey asked whether they would be able to work around the Fair and Mr. Harrel said that staff had noted the various Fountain Hills special events in the documentation. Mayor Schlum asked what the approximate length of the project would be and Mr. Harrel stated that he did not have that specific information at this time. The Mayor asked what they would wind up with on the west bound side. Mr. Harrel advised that there would be a rubberized asphalt overlay surface and the shoulder areas would receive a seal coating. He added that the median would be curbed and landscaped and there would be a new road surface. Councilmember Hansen said that the Town's funds that would be used for this were on deposit with ADOT and there were no additional Town funds going towards that. Mr. Harrel concurred and said that if any funding was needed above the amount of the IGA, staff would bring the issue back before the Council for z:\council packets\2010\r9-16-10\100819m.docx Page 9 of 20 discussion. He added that if the costs were less, the first of the monies to be returned would be the Town's money. Councilmember Hansen MOVED to approve Resolution 2010-29, an Intergovernmental Agreement with the Arizona Department of Transportation, and to approve a Letter of Termination of the IGA with ADOT and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #16 - CONSIDERATION OF RESOLUTION 2010-31, REGARDING AMENDMENT NO. ONE TO THE TOWN'S EXISTING INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION (ADOT) - IGA/JPA 09-0521, REDUCING THE FEDERAL STP FUNDS TO $1,855,042 AND LOCAL FUNDS TO $112,130 FOR THE SHEA CLIMBING LANE PROJECT (SHEA BOULEVARD: FROM PALISADES BOULEVARD TO FOUNTAIN HILLS BOULEVARD). Town Engineer Randy Harrel addressed the Council relative to this agenda item and highlighted the staff report (Copy on file in the office of the Town Clerk). He noted that the figures in the staff report were not correct but the figures in the IGA were (the staff report was written based on a more preliminary IGA). He stated that on September 17, 2009, the Town Council approved an IGA with ADOT for the construction of the westbound Shea Boulevard Climbing Lane project. He said that the project was bid and was now nearing completion of construction. He added that because of the good bids received in that project the ARRA funds and a part of the STP funds obligated to that project were not needed for that project. He advised that the Council had an item on this agenda to approve an IGA with ADOT, which would obligate the ARRA funds to the Shea Gap Overlay project ("Bike Lanes/Pavement Preservation, Shea Boulevard from Fountain Hills Boulevard to Saguaro Boulevard" project). He reported that the revised funding shown in the IGA completed the paperwork loop by taking those ARRA funds out of the Shea Climbing Lane project. Mr. Harrel stated that staff recommended approval of the IGA. Mayor Schlum thanked Mr. Harrel for his presentation. Ms. Bender advised that there were no citizens wishing to speak on this agenda item. Councilmember Dickey MOVED to approve Resolution 2010-31, for Amendment One to the IGA with ADOT for the Shea Climbing Lane project and Councilmember Hansen SECONDED the motion. In response to a request from Councilmember Leger, Mr. Harrel explained where the correct figures were located and noted that the change was an increase to the Federal STP Funds (Amendment 1) from $1,855, 000 to $1,897,000 (approximate). He added that the local funds at 5.7% increased from $112,000 to $114,000 (approximate). Mayor Schlum asked if the motion needed to be amended and Town Attorney Andrew McGuire indicated that there was no need to amend the motion. Mayor Schlum said he assumed that the funding was going towards Shea Boulevard because it was a "shovel ready" project and Mr. Harrel said that this was a smaller much needed project and the funding was much less than what would be needed to do Saguaro Boulevard and that was why the funding was not applied to that project. He noted that Shea Boulevard was a "Road of Regional Significance." Mayor Schlum commended the staff for making sure that they attained the dollars and were making the most of savings on the climbing lane project. z:\council packets\2010\r9-16-10\100819m.docx Page 10 of 20 The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #17 - CONSIDERATION OF RESOLUTION 2010-27, AMENDING THE EXISTING "VILLAGE BAZAAR SHARED PARKING AGREEMENT" FOR THE PURPOSE OF ALLOWING AN INCREASE OF RESTAURANT SPACE WITHIN THE PLAZA NOW KNOWN AS PLAZA FOUNTAINSIDE/PLAZA WATERFRONT. CASE #DA 10-01. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and highlighted the staff report regarding this issue. He stated that when Plaza Fountainside was originally approved, the proposal did not meet the Town's requirements for parking. He said that an agreement was entered into between the Town and the developer and in exchange for the developer building additional parking (the Splash Park parking lot) on the Town's property and agreeing to a 6,000 square foot cap on restaurant space, including patios, within the Plaza, the Town Council approved the Plaza. Mr. Rodgers explained that the reason for the cap; the Plaza was under-parked for the size being proposed. He noted that retail uses must provide four (4) spaces per 1,000 square feet of shop space but restaurants must provide 20 spaces per 1,000 square feet of "publicly accessible space." He said that the more restaurants they have, the faster the available parking spaces were accounted for. He informed the Council that the agreement contained the additional condition that the developer agree that the Plaza parking lot could be used by the general public during Town events without restricts. He added that the Plaza still had insufficient parking but the agreement basically waived those requirements in consideration of the quid-pro- quos. He noted that there was no limitation placed on space for retail or service uses. Mr. Rodgers stated that over time the Plaza parking agreement, as well as the conditions of the Plaza site plan approval, had been gradually violated and noted the following two points that represented the current problems in need of correction: 1) By eliminating the delivery and loading areas, the property had generated a number of complaints from residents because the delivery trucks now must park in the drive aisles of the parking lot and block traffic; and 2) The restaurant space within the Plaza was allowed to grow to over 7,500 square feet. He stated that rather than close them down, staff had agreed to allow the Plaza owner to keep what he had but, whenever possible, the Town would expect reductions in the restaurant square footage until they were again in compliance with the 6,000 square foot cap provided for in the shared parking agreement. He added that when the coffee shop closed, the Plaza owner was informed that they could not re-occupy that space with another restaurant. Mr. Rodgers informed the Council that during the course of the past few months, staff had worked with the Plaza owners and their property manager in an effort to come up with some sort of resolution. He stated that staff recommended that the applicants hire a parking consultant to review the parking situation using the newly adopted "shared parking" provisions contained in the TCCD Zoning District regulations. He explained that it was hoped that this analysis would show that potential parking problems would be less than what the original project was approved at and that the analysis would strengthen the application for amendment of the agreement. Mr. Rodgers further stated that the applicants retained the firm of Carl Walker, Inc. to perform the new parking analysis of the Plaza using the shared parking model contained in the Zoning Ordinance. He noted that Walker performed the analysis assuming the Plaza would still be able to count the Town parking lot in addition to their own lot, as was agreed to in the original shared parking agreement. He reported that the z:\council packets\2010\r9-16-10\100819m.docx Page 11 of 20 parking consultant's final report was provided to the Council and contained the recommendation that the Plaza could be allowed to increase the restaurant space to a maximum of 9,000 square feet using the shared parking model without adversely affecting the parking situation in the Plaza. Mr. Rodgers advised that staff recommended approval of Resolution 2010-27 for the purpose of amending the Village Bazaar Shared Parking Agreement and allowing up to 9,000 square feet of restaurant space within the Plaza now known as Plaza Fountainside /Plaza Waterfront. He indicated his willingness to respond to questions from the Council. Mayor Schlum thanked Mr. Rodgers for his presentation. Ms. Bender advised that there were no citizens wishing to speak on this agenda item. Councilmember Dickey MOVED to approve Resolution 2010-27 for the purpose of amending the Village Bazaar Shared Parking Agreement and allow up to 9,000 square feet of restaurant space within the Plaza now known as Plaza Fountainside/Plaza Waterfront and Councilmember Hansen SECONDED the motion. Councilmember Dickey asked how the rules were continually violated (was that something that the Council kept approving?). Mr. Rodgers advised that mostly it was existing restaurant space that expanded patio areas outside of their normal spaces. He said that most were done with permission but some were done without permission. He said that because of the times, staff had let things go until problems arose. Councilmember Dickey asked if sharing had to do with the time of day (certain hours things were going on) and were there going to be stipulations on what kind of place could come in and could it be something that would be open at night during the same time as Euro Pizza, etc.? Mr. Rodgers responded that they would take into account the various users and types of operations such as restaurants that would be typically open when other businesses were closed. Councilmember Dickey questioned whether there would be some kind of stipulation on what kind of business could come in (if not now then down the line) and Mr. Rodgers advised that the stipulations did not contain any such provision at this time. Mr. Rodgers confirmed for Councilmember Dickey that the loading area problem would be fixed. Councilmember Dickey commented on a letter that was received in opposition to this and asked whether staff had received any input from the tenants at the Plaza. Mr. Rodgers said that staff had not received any input to date other than from the owner of one of the restaurants who wanted to expand. Mayor Schlum requested that Mr. Brink come forward and provide information regarding the existing businesses in the Plaza. The Mayor said he had talked to a couple of them who said that they did not have any problems with parking but he was curious as to whether Mr. Brink had received any feedback. Mr. Dan Brink, the owner of the Plaza, addressed the Council and said he had been working closely with Mr. Rodgers over the last several months to correct any issues that the Town had. He stated that he was totally unaware of the problem. He was aware of the shared parking agreement and he noted that there were some particulars in it that appeaed to be unfair to him but he did not find that out until October of last year when they lost the coffee shop. He advised that he did not meet with Mr. Rodgers until March of this year and he z:\council packets\2010\r9-16-10\100819m.docx Page 12 of 20 was caught totally off guard as to what the purpose of that meeting was and since learning of the problems he had worked hard with Mr. Rodgers towards an acceptable solutions for everyone. He stated that he had surveyed the tenants at the Plaza and was not made aware of any issues; the tenants' comments were quite positive. Mayor Schlum thanked Mr. Brink for his input and said he too had talked to some of the tenants. He thanked Mr. Brink for his willingness to work with staff and said that this was a very sensitive issue for businesses. He added that when the Plaza filled up there might be challenges. Mr. Brink commented that it was quite vital to the Plaza to have a coffee shop and he wanted to do his best for the Town as well as the people in the shopping Plaza. Councilmember Elkie asked whether Mr. Brink expected any more expansion beyond the 9,000 square feet of restaurant space and Mr. Brink replied that he was happy with the number and had no plans to expand beyond that. He added that his research had shown that the Plaza was an ideal location for restaurant space and that was why he had selected that site. He clarified that it was not just his center that was impacted; it's all three buildings on that property. Councilmember Hansen stated that restaurant activity went along with what they were trying to accomplish down by the lake, to get the synergy down there, and she really appreciated staff's efforts to work with the applicants to make this happen. In response to a question from Councilmember Leger, Mr. Rodgers explained that the public would be able to use the parking both in front of and behind the Plaza. He confirmed that the signs saying "No Public Parking" would be removed. He said that they should not have been erected in the first place. Mayor Schlum thanked staff and Mr. Brink for their input. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #18 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO A MUNICIPAL REGIONAL SUMMIT. Town Manager Rick Davis addressed the Council relative to this agenda item and said that he had spoken with Councilmember Elkie about an important idea the Councilmember had regarding the importance of shared communication among cities and holding a regional collaboration summit with the Town's neighbors. He said that he had brought the idea to the Mayor, who encouraged him to put together a proposal that would address the possibility of holding a regional collaboration summit with the Town's neighbors. He advised that not all of the participants had been identified. He explained that the premise was to find ways to share resources, to be innovative and identify opportunities to make everyone's lives better. He said that the Municipal Regional Summit was tentatively scheduled to be held on January 13, 2011, and all of the Town's counterparts in neighboring communities would be invited and encouraged to attend to share their ideas and ultimately improve everyone's quality of life by elevating, energizing and innovating. Mr. Davis indicated his willingness to respond to questions from the Council. Councilmember Elkie stated that he thought it was very important for Fountain Hills to showcase itself and got the idea, in part, from the Town Clerk, who did a wonderful job hosting a recent meeting in Town with all of the various City and Town Clerks. He said that she received great comments from those in attendance who were amazed at the beautiful community of Fountain Hills. He added that he thought it would be a wonderful way to bring other governmental entities into the Town to learn from them and share information that the Town had learned during these economic times. He advised that perhaps by showing off what they z:\council packets\2010\r9-16-10\100819m.docx Page 13 of 20 had here, they might generate additional uses for their community center and generate additional interest in Fountain Hills. Mayor Schlum thanked Councilmember Elkie for bringing the idea forward. The Mayor asked Mr. Davis when he would bring additional information related to this event before the Council (additional expenses, etc.) or was this something that he could "run with" without further Council involvement. Mr. Davis replied that the costs were not expected to be more than negligible to put on this particular event. He added, however, that in the interest of keeping the Council up to date as to who would be in attendance and what the possible topics would be, Councilmember Leger suggested that they query these individuals in the various municipalities to determine what might be the most relevant issues for them -- what they would like to discuss. He stated that a lot of answers remain forthcoming and noted that he had drafted a sample agenda, which he would forward on to the Council for their review and comment. He said that they hoped to have an economic outlook for 2011, possibly invite the League to give an update or forecast regarding what the next session was going to look like, and they would then break out into sessions and correspond with their peers in various groups to brainstorm as to possibilities and share ideas. Mr. Davis informed the Council that they would reconvene and share some of the ideas and they would like to have some kind of speaker at the conclusion who would talk about the values of collaboration and synergy. He anticipated that the meeting would last approximately four hours. Discussion ensued relative to the many questions that must still be addressed; the fact that staff would expend effort to identify speakers and report back to the Council; the fact that staff would extend invitations to the various jurisdictions (Tribal neighbors, Rio Verde, Scottsdale, Mesa, Payson and Tempe); the fact that they did not want to make the group too big in order to gain maximum benefit but they did want to include all of the partners who might have ideas and who had mutual concerns. Councilmember Dickey said that as far as the shared collaboration, she believes the Council would want to know what the desired outcome was -- were they talking about regional cooperation on projects, sharing resources, or how technical it would be. She asked whether staff would be involved because a lot of things they could hear would either be very possible or they would try to go another route if there was someone there in the "nitty gritty" so that was another reason for staff to be there. She stated that she wondered if there was a model for this or was it something like MAG (only involving fewer groups). She added that it was a great idea and she was glad they were going to move forward on it but as they went along, perhaps they should have an idea of what they would like to see happen as a result of it. She noted that they had all gone through processes/meetings that were really great and people become energized but then what happens next. She added that coming "full circle" would be great and she would appreciate that along the way as they were planning. Mr. Davis concurred and advised that he and Councilmember Leger had a conversation on this exact topic and he asked "what were the deliverables" for this particular event. Mr. Davis stated that some were more tangible than others like the good would that they could share with others. He said that they fully expected that discussions with the Town's counterparts would lead to more discussions regarding initiatives that they could partner on to realize over the coming years. He emphasized that this was for the long term and they wanted to build relationships and open up dialogue with their neighbors. He added that they wanted to discover what issues or initiatives they should push ahead. He stated that what came immediately to his mind was past discussions where it was determined that projects would not move ahead without a collaborative effort and advocacy on the part of involved communities who were impacted by the various z:\council packets\2010\r9-16-10\100819m.docx Page 14 of 20 issues. He expressed the opinion that if one good idea came out of it that they could pursue, that it would have been a worthwhile endeavor. He discussed the lack of opportunities that existed for the local communities to sit down and have discussions and when they do, the meetings were too large and smaller communities like Fountain Hills and Rio Verde were "drowned out." Councilmember Dickey asked if it would be possible for this to take the place of meeting with Scottsdale and Mesa (meetings they had not scheduled in quite a while) and Mr. Davis stated that this particular idea aligned completely with a couple of the initiatives for this year -- partnering and collaboration. He said his answer would be yes. Mayor Schlum advised that he was excited about the opportunity showcase Fountain Hills and to share best practices and strengthen relationships. He added that they might also come up with ways to have better citizen involvement and spoke in support of moving forward. The Mayor thanked Councilmember Elkie and Mr. Davis for bringing this item before the full Council. Councilmember Elkie MOVED to approve directing staff to pursue scheduling and conducting a Municipal Regional Summit and Councilmember Dickey SECONDED the motion Ms. Bender advised that there were no citizens wishing to speak on this agenda item The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #19 - CONSIDERATION WITH POSSIBLE DIRECTION TO THE TOWN MANAGER TO CONDUCT FEASIBILITY STUDY INTO POSSIBLE FORMATION OF A FOUNTAIN HILLS PUBLIC SAFETY DISTRICT. Town Manager Rick Davis addressed the Council and said that they had an opportunity to address a very important part of the budget and to provide long-term sustainability while diversifying their budget at the same time through a vehicle called a Public Safety District. He said that no work had gone into answering some of the key questions that need to be answered -- what kind of legislative changes or vehicle would be needed in order enable the Town to create such a mechanism for funding public safety, what would such an entity look like, and how would it function and what would be the impact upon the quality of services for citizens (should they move forward with the creation of such an entity). Mr. Davis informed the Council that the intention this evening was to find out if the Town Council thought it was worthwhile to find out the answers to those critical questions before any energy was expended. Mayor Schlum thanked Mr. Davis for his comments. Ms. Bender advised that there were no citizens wishing to speak on this agenda item. Mayor Schlum said that they were really just starting their dialogue and staff was looking for direction from the Council relative to conducting some exploratory research on what this might or might not look like and then to come back to Council for some additional substantive dialogue. Mr. Davis agreed with the Mayor's summation. Councilmember Dickey commented that this was somewhat of a frustrating proposal to her given what they had been going through over the last several years, trying to fund public safety. She added that she felt a little like it was a manipulation -- to double back on what they had tried to do before and what they could try to do again but in a simpler way and asking the citizens again to fund public safety through a property tax. z:\council packets\2010\r9-16-10\100819m.docx Page 15 of 20 She noted that they had limited resources available, limited staff, and it could potentially take a lot of time to look into something like this. She questioned what it would take to change the law, changing State law and all that went along with that (would it involve gathering signatures or getting all of the registered voters to agree to something). She added that she needed to know what the benefit was and what outcome would be realized with a Public Safety District that they could not get without having a separate taxing district, which it would have to be. She asked what the motivation was behind this and said that there were other places in other states that had districts, like Utah, and if they did not do a property tax and did a fee based on square footage then they would have a commission or a board that could actually adjust them without going to the ballot. She stated that it looked as though they were looking at possibly adding another layer of government and if they did not pay close attention to changing the State law they could have unintended consequences. Councilmember Dickey noted that, in the past, the Legislature had not been that helpful to cities and they would have to "bird dog" the session and watch for amendments and exemptions and carve outs. She added that Councilmember Contino had mentioned that it did not seem fair because current residents had been paying for a lot of the infrastructure and a lot of the support for the Town, which was frankly the talking point when they went to the ballot in the first place. She asked what was going to prevent this from being something like that or what it would eventually probably be was a property tax. She noted that before they were going for about $3 million just for Fire and now if it was for public safety, it would be more like $6 million. She said that it was a "hole" no matter what they called it and asked if they wanted to risk, after this went through the Legislature, not being the governing board? She asked if they were willing to accept that they would not be responsible for the contracts any more or for the public safety of their citizens. Councilmember Dickey stated that if they were going to move forward and investigate this, she thought they needed to cap the amount of time it would take to do this (at least for her to support it). She added that she believed they would need a very preliminary outline of what they thought would need to be done to continue to move forward, because she did not know how this would come out any different -- that somehow funding both of these things that they had been trying to fund. She pointed out that they went to the voters and said that they could not technically say that the $3 million would go straight to the Fire Department and the Council that was in place at that time took a unanimous vote to say that that was the intention -- that was what they were going to do. She said that $3 million was a lot of money and was a very large portion of the budget. She advised that she was wary and was not trying to squelch anything but she felt that if they moved forward with this, they had a responsibility to the citizens to let them know what we were doing -- and that meant they were examining a property tax very likely or a fee to pay for public safety. She said that once everyone knew what they were talking about in moving forward then they could move forward. Mayor Schlum thanked Councilmember Dickey for the good points that she brought up. He said that the Council and others had worked very hard before to come to some similar solution to getting some sustainable funding option for services so he understood that. He stated that that even if they talked tonight about moving forward and doing exploratory research, her topics would be most important to bring up and have some dialogue on at their next stop. He added that much of what Councilmember Dickey brought up in wanting to make sure they were in favor of going forward with a property tax was probably true, but they did not know that yet and that was why they needed the research -- to find out what a Public Safety District would look like and how would it provide options for funding such a district, who would they involve. He commented that the Council, the Fire Department, etc. have worked very well together over the last few years and that was something they wanted to maintain. He noted that the reason for looking into a property tax was that they had an $18 million budget and now they had a little over $12 million and fortunately public safety was still around $6 million but now instead of having $12 million to pay for everything else they had z:\council packets\2010\r9-16-10\100819m.docx Page 16 of 20 $6 million and they wanted to make sure that they maintained their number one function, which was public safety, so funding for that was difficult (to just sit back and rely on the economy and sales tax, etc.). Mayor Schlum advised that he felt that it was important for them to look into this at an exploratory level initially to get staff going but, he too, wanted to make sure that they were not spinning their wheels. He added that most of that dialogue would be at their next meeting and he thought that was making sure that their partners were engaged -- obviously they were more sensitive to their partners (MCSO and Rural Metro) and stressed the importance of ensuring that they were part of the process. Councilmember Hansen expressed the opinion that this would be a multi-tiered process and they had to find answers to some of the very important points and if the answers came back that indicated it was too onerous, then that would stop it right there. She added that only by gathering more information would they be able to determine how best to proceed (get down to the next level and get more "nitty gritty"). She said that she did not believe they would risk spending too much staff time if they did it that way -- start out with just the main things before they got into the real nuts and bolts. Councilmember Leger commented that he shared some of the concerns that had been expressed this evening. He asked what kind of groundwork would have to be laid and what were some of the preliminary activities that must be done that would not cost a lot of time or money. Mr. Davis responded that there were no existing statutes that supported the formation of this kind of entity, a lot of what they would answer about its function, structure, etc. would kind of roll out of their legislative research. He added that step one was what needed to be installed legislatively to allow them to create this type of an entity. He stated that from there they would know a lot more about what it would cost to provide public safety in the Town. He said that first and foremost everything was going to revolve around whether it was possible legislatively to form such an organization or jurisdiction. He added that if the answer to that was no, for whatever reason, that would be the end of it unless there were other means to provide the same type of end to their efforts that was already prescribed by legislation but he did not have any idea what they would be. Councilmember Leger stated that they certainly had a number of partners but would there be a way to concurrently, without a large cost, to conduct dialogue with those entities (i.e. looking at possible legislation and obtaining input from Rural Metro and MCSO as well as the Town Attorney). Mr. Davis replied that staff had already identified certain stakeholders that they would obtain feedback from and as far as the legislative process; it would be important to identify those who would be supportive of the creation of such an entity and even those who might be as enthusiastic about it. He agreed that would really be the groundwork that had to be done. Discussion ensued relative to Councilmember Leger's comment that this was a possible tool to guide the Town along the road to financial stability and the fact that he could get behind this in an exploratory stage and the importance of having the questions come forward and having this discussion. Councilmember Dickey said that in addition to finding out whether this would require a change in the law, the big question in her mind was is there any other way of funding it other than a property tax and if there was not, she did not know why they would go through all of this because they could do that right now. She stated if they created a district and started putting something into the legislature and then they thought about what had happened in the past, like development fees -- they froze them and wanted to do away with them -- so it would not be too far of a leap for them to say "okay, you could have this district but any new development would be exempt" or "every step along the way until May 30th" ... because whenever they z:\council packets\2010\r9-16-10\100819m.docx Page 17 of 20 were done anybody could do something when this change in the law occurred so they could go all that way only to have it go nowhere. She said they would have to talk to the League and the lobbyists and see who would be affected by it and they could get to the point where it was something they did not like at all. She added that if it all came down to having to do a property tax, they could do that right now and that was the number one question. Councilmember Elkie stated the opinion that it was the Council's responsibility to look at all the possibilities and some of the things he had heard from residents when the property tax was voted down by a large margin was their concern that the money was just going into the General Fund and although the Council might pass a Resolution that they were only going to use the money for fire, there were no restrictions on that. He added that something along these lines might place some restrictions on what those funds could be used for, which might give the residents some confidence. He expressed the opinion that it was important for staff to invest some resources at this time. Mayor Schlum said that they were at this point because of the budget and commented on the efforts expended by Rural Metro and MCSO to keep their costs flat while delivering the same level of service. He stated that they deserve to be thanked tremendously for their efforts to assist the Town during these difficult economic times. He questioned how much lower they could go without jeopardizing the quality of life in Fountain Hills. He stated that they had been forced into this dialogue and they had to look at it and what they have learned from previous attempts and understand where the citizens were coming from. The Mayor asked when the next dialogue would take place regarding this issue, the more "nitty gritty" details. Mr. Davis advised that that was a difficult question to answer but he would work speedily to thoroughly ferret out the information the Council needed so that they could make an informed decision and be more comfortable with the direction in which they were going. He added that they did not want to move so fast that they missed answers and left holes behind them but at the same time they understood that time was of the essence and this was something that staff needed to be proactive about. He estimated that it would take approximately 30 to 45 days to bring back some answers. Mayor Schlum said that Councilmember Leger suggested that this be an item at a Work Study Session and Mr. Davis advised that the item would be placed on a Work Study Session in November. Councilmember Hansen MOVED to direct staff to look into Public Safety Funding and Councilmember Elkie SECONDED the motion. Councilmember Dickey said that she would like the motion to state that staff look into financing Public Safety and the Mayor replied that right now the option was to look at Public Safety funding and the Council concurred. The motion CARRIED UNANIMOUSLY (7-0). Mayor Schlum thanked Mr. Davis for his input. AGENDA ITEM #20 - DISCUSSION WITH POSSIBLE ACTION RELATING TO PROPOSED RESOLUTIONS BY THE 2010 RESOLUTIONS COMMITTEE TO BE CONSIDERED FOR ADOPTION AT THEIR THURSDAY, AUGUST 26, 2010 BUSINESS MEETING, HELD DURING THE LEAGUE OF ARIZONA CITIES AND TOWNS ANNUAL CONFERENCE. Mayor Schlum commented that this was an item forwarded to the Council for them to review. He added that this was an item that occurred every year at the League of Arizona Cities and Towns Annual Conference and z:\council packets\2010\r9-16-10\100819m.docx Page 18 of 20 noted that the League was a State body and some items might not relate to Fountain Hills. He advised that staff had also reviewed the items and requested input from the Council on any items of particular interest on the items recommended for adoption by the League. Councilmember Dickey stated that she wanted to make a general statement about the LTAF funds and said that both of the proposals looked good and there was a chance that the LTAF funds would be restored at some point because the Air Quality, the EPA, had not accepted some of the air quality measures so there was a suit pending that she believed would result in the fact that the removal of LTAF funds actually violated the State implementation plan for air quality and they were not allowed to mess around with that unless they did something to offset it so, hopefully, that would not have to be pursued by the League. Councilmember Dickey commented on political signs and asked that they be mindful of the fact that everyone should not be forced to do the same thing (allowing them). She stated that she understood what they were trying to do, create some form of uniformity. (#6 on the League sheet.) She stressed the importance of not allowing them to force everyone to do something that they did not want to do. She further stated that Havasu City/Bullhead City was going to be asking for some leniency on State Trust land for roads and asked that that be followed to see if anyone mentioned how the schools and environmental community felt about that. She added that she would be curious to know what the Land Department thought about that (#9). Councilmember Hansen stated that something "jumps out" at her regarding Resolution #1 and asked if Ms. Ghetti was aware of this one that defending the cities' rights to self collect transaction privilege taxes by contracting with a private third party and they refer to several years ago when Bullhead City went with a private business that local governments across the country used -- the service of administering local sales tax collection and apparently they had had some very good luck with that -- the city was not doing that themselves but they contracted with an outside agency so the State would no longer be doing it and they felt that it gained greater accuracy and got back more of the funds that were owed to them. She added that House Bill 2512 might be attempting to make it so that cities and towns could not use a third party business to do this. She said that she thought that this might be a good idea and something to look into rather than having the State do it if there were benefits to doing it. Additional discussion ensued relative to the comments made by Councilmember Hansen and Ms. Ghetti advised that she had a little different take on it. Ms. Ghetti advised that cities and towns like Fountain Hills did not contract with anyone to collect their sales tax, the Department of Revenue collected it, and they did not charge the Town anything to do that. She noted that the other option the cities/towns had was to self collect and have a tax department, which Fountain Hills was not big enough to do. She advised that there was a House Bill that she believed was sponsored by the Arizona Tax Research Association to stop allowing third parties to come in and do sales tax collections. She noted that the one specifically in Bullhead City was the outfit that the League had partnered with and part of their sales pitch was that they would be a little more aggressive and do more than the Department of Revenue could do and they say they everyone would collect more. She stated that whether that was true or not was unknown but the objection that she would have to it was if cities and towns were going to have to pay more to have their sales tax collected why not have it remain in the State and pay the Department of Revenue to do it. She added that if they contracted with the vendor that the League was associated with, they were based in Georgia and they keep a piece of what they collect so she did not know whether they would collect more or not. She noted that they would have the choice to stay with the Department of Revenue and that would be her preference. Councilmember Hansen thanked Ms. Ghetti for the additional information. z:\council packets\2010\r9-16-10\100819m.docx Page 19 of 20 Mayor Schlum asked for additional input from the Council relative to the proposed resolutions. Councilmember Leger stated that most of what the League had put out with few exceptions did benefit local municipalities. He said that several jumped out at him that he believed were of benefit. He advised that he strongly supported Resolution #3, #11, #2/12, #12/2, #610, #22, and #14. (A copy of the Resolutions was on file in the office of the Town Clerk.) In response to a question from Councilmember Leger, Town Clerk Bev Bender said that she would feel comfortable carrying out the responsibility mention in one of the Resolutions if adopted. Mayor Schlum stated that he would get back to the Council regarding #14 and said it was not recommended at this time but would find out why. Mayor Schlum thanked the Council for their input and said that the purpose of this was to help the League formulate their guidelines and represent the communities. Town Attorney Andrew McGuire agreed and stated that the League Resolutions Committee was designed to give the League Director and his/her staff some direction from the entire League prior to entering the Legislative session. Mayor Schlum asked if staff had any input other than what had been shared already. Mr. Davis said that aside from Resolution #1 he had no comments. Mr. McGuire stated that it would be nice to not extend the Development Fee moratorium any longer than it already was. Mayor Schlum advised that everyone should keep these things in mind for future dialogue, perhaps at a Work Study Session, when they talk about how he could best represent the Town at regional meetings. AGENDA ITEM #21 – COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH ITEMS ON A FUTURE AGENDA FOR ACTION OR (ii) DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: A. NONE. AGENDA ITEM #22 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER. Councilmember Dickey thanked Mr. Davis and Ms. Ghetti because she had asked them about some phone protocol as far as people being able to call and reach a "live person" and with all the staffing challenges they have had recently they did some additional training and had changed the messages somewhat to let people know how they could reach someone when they called so she wanted to thank them for that. Mayor Schlum stated that they talked about the Shea project and their own Town Manager and staff were out there addressing the traffic congestion issues and taking action in light of non-action from the contractors out there to move traffic along and he just wanted to express his appreciation to them for their efforts. Mr. Davis commented that citizens looking for recycle bins should check out the Kiwanis building. Updates would be provided in The Avenues. Councilmember Elkie said that the information could also be accessed on the web -- fhrecycling.com. z:\council packets\2010\r9-16-10\100819m.docx Page 20 of 20 AGENDA ITEM #23 – ADJOURNMENT. Councilmember Contino MOVED that the Council adjourn the meeting and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 8:32 p.m. TOWN OF FOUNTAIN HILLS By_____________________________ Mayor Jay T. Schlum ATTEST AND PREPARED BY: _________________________ Bevelyn J. Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 19th day of August, 2010. I further certify that the meeting was duly called and that a quorum was present. Dated this 16th day of September 2010. _____________________________ Bevelyn J. Bender, Town Clerk