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HomeMy WebLinkAbout2006.0921.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL September 21, 2006 Mayor Nichols called the meeting to order at 6:30 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Nichols called the meeting to order at 6:30 p.m. INVOCATION — Vice Mayor Ed Kehe ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Vice Mayor Kehe, Councilmember Leger, Councilmember McMahan, Councilmember Schlum, Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Town Clerk Bev Bender. Planner Kate Zanon and Senior Planner Bob Rodgers were also present. MAYOR'S REPORT (i) Mayor Nichols will read a proclamation declaring October as McDowell Mountain Preservation Month. Mayor Nichols stated that the preservation of the McDowell Mountains and the Sonoran Desert had been established as a high priority for the Town and its citizens and it was the desire of the Town to celebrate the unique environment of its Preserve. He added that it was the intent of the Town of Fountain Hills to raise awareness regarding the need to preserve these valuable treasures and said that it was his honor to declare the Month of October 2006 as "McDowell Mountain Month" in Fountain Hills. He called upon all citizens to take a moment during the month to appreciate the beauty of this community treasure. (ii) Mayor Nichols will read a proclamation declaring September 21, 2006 as United States Constitution Day. Mayor Nichols advised that the Constitution of the United States was adopted two hundred and nineteen years ago on September 17, 1787 to form "a more perfect Union, establish Justice, insure domestic Tranquility, provided for the common defense, promoted the general welfare, and secured the Blessings of Liberty to ourselves and our Posterity." He said that this cherished document, born of spirited contention and gracious compromise, provided a natural gateway to that study of our past which may enlighten the charting of our future and added that they all share the blessings granted by the Constitution and the responsibility of ensuring that those blessings fall upon all our people. He added that they should celebrate the effort, dedication and wisdom of our Founders and the blessings of liberty that had resulted from their labors and stated that it was his honor to declare September 21, 2006 "U.S. Constitution Day" in the Town and encouraged all citizens to renew their study of the duties of citizenship and rejuvenated dedication to the principles of the Constitution. (iii) Mayor Nichols will recognize outgoing Planning and Zoning Commissioner Avril Forest. Mayor Nichols requested that Avril Forest approach the podium and presented her with a plaque in recognition of her hard work and dedication as a member of the Planning and Zoning Commission. He thanked her for her service to the community and also presented her with an official Town of Fountain Hills pin. EABBender\Documents\Current Minutes 2006\09-21-06 Regular Minutes.doc Page 1 of 8 Ms. Forest stated that it had been her pleasure and privilege to serve as a member of the Commission and thanked the members of the Council for their leadership and support over the years. CALL TO THE PUBLIC Town Clerk Bev Bender advised that Mr. Phil Gaziano wished to address the Council. Mr. Gaziano, Civic Association Representative, thanked the Council for acknowledging the efforts of the firefighter who went to the aid of a gentleman suffering a heart attack on Eagle Mountain Golf Course. He advised that the Public Safety Commission members, three months before, had gone to the course to look at the life-saving equipment (AEDs) and found them "wanting" in that the pads were out of date. Those members and the gentleman from the equipment company shipped the pads the next day. He said that the Council's good sense in forming the volunteer Commission was also instrumental in saving that gentleman's life and those members, the members of the entire Commission, should be acknowledged for their diligence in that situation. Mr. Gaziano also requested that following receipt of a report from the Public Safety Commission, the Council approve their request for $21,000 to purchase AEDs to complete coverage for most of the public areas of the Town. Mayor Nichols thanked Mr. Gaziano for his comments. CONSENT AGENDA AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM SEPTEMBER 7, 2006. AGENDA ITEM #2 — CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION FOR DAVID GAGE (HOLIDAY INN -FIRESIDE GRILL) LOCATED AT 12800 N. SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ. THIS REQUEST IS FOR A HOTEL/MOTEL LIQUOR LICENSE. AGENDA ITEM #3 — CONSIDERATION OF APPROVING A PERMANENT EXTENSION OF PREMISE LIQUOR LICENSE APPLICATION FOR KENNETH BOWMAN (AMERICAN LEGION, POST 58) LOCATED AT 16837 E. PARKVIEW AVE., FOUNTAIN HILLS, AZ. AGENDA ITEM #4 — CONSIDERATION OF A SPECIAL EVENT REQUEST SUBMITTED BY THE CHAMBER OF COMMERCE FOR THE THANKSGIVING DAY PARADE SCHEDULED TO BE HELD FROM 9:00 A.M. TO 11:30 A.M. ON THURSDAY, NOVEMBER 23, 2006. AGENDA ITEM #5 CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE CHAMBER OF COMMERCE FOR "STROLL IN THE GLOW" SCHEDULED TO BE HELD FROM 5:00 P.M. TO 7:30 P.M. ON SATURDAY, DECEMBER 2, 2006. AGENDA ITEM #6 — CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY SATURDAY AND SUNDAY, NOVEMBER 10, 11 AND 12, 2006 FROM 10:00 A.M. TO 5:00 P.M. THE EVENT WILL REQUIRE THE CLOSURE OF SAGUARO FROM PALISADES TO PAUL NORDIN PARKWAY, AVENUE OF THE FOUNTAINS FROM SAGUARO TO LA MONTANA AND A PORTION OF VERDE RIVER DRIVE. AGENDA ITEM #7 — CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE CHAMBER OF COMMERCE FOR THE ANNUAL GREAT FAIR SCHEDULED FOR FEBRUARY 23, 24 AND 25, 2007, FROM 10:00 A.M. TO 5:00 P.M. ON FRIDAY AND SATURDAY AND FROM 8:00 A.M. TO 5:00 P.M. ON SUNDAY. THE EVENT WILL REOUIRE THE CLOSURE OF SAGUARO FROM PALISADES TO PAUL NORDIN PARKWAY AVENUE OF THE FOUNTAINS FROM SAGUARO TO LA MONTANA AND A PORTION OF VERDE RIVER DRIVE. EABBender\Documents\Current Minutes 2006\09-21-06 Regular Minutes.doc Page 2 of 8 AGENDA ITEM #8 — CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THUNDERBIRD ARTISTS FOR THE FOUNTAIN HILLS FINE ART AND WINE AFFAIRE SCHEDULED FOR FRIDAY, SATURDAY AND SUNDAY, MARCH 23, 24 AND 25, 2007, FROM 10:00 A.M. TO 5:00 P.M. THE EVENT WILL REOUIRE THE CLOSURE OF AVENUE OF THE FOUNTAINS FROM SAGUARO TO LA MONTANA. AGENDA ITEM #9 — CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE FOUNTAIN HILLS DOWNTOWN BUSINESS COMMUNITY (IM HEASLEY) EVENT COMPONENT HELD IN CONJUNCTION WITH THE THUNDERBIRD ARTIST SPECIAL EVENT SCHEDULED FOR MARCH 23, 24 AND 25, 2007. AGENDA ITEM #10 — CONSIDERATION OF APPROVING A PRELIMINARY AND FINAL PLAT FOR THE "SAGUARO SUITES CONDOMINIUMS," AN EIGHT -UNIT CONDOMINIUM PROJECT AND LOT JOIN, LOCATED AT 11652 SAGUARO BOULEVARD, AKA PLAT 201, BLOCK 5, LOTS 2 AND 3. CASE #S2005-19. Councilmember Schlum MOVED to approve the Consent Agenda as listed and Councilmember McMahan SECONDED the motion. A roll call vote was taken with the following results: Councilmember Dickey Aye Mayor Nichols Aye Councilmember Leger Aye Vice Mayor Schlum Aye Councilmember Kehe Aye Councilmember McMahan Aye Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY (7-0). ACTION AGENDA AGENDA ITEM #11 — CONSIDERATION OF APPOINTING FOUR (4) CITIZENS TO THE PLANNING AND ZONING COMMISSION TO FILL THE VACANCIES CREATED BY EXPIRING TERMS. Mayor Nichols MOVED that the following citizens be appointed to the Planning and Zoning Commission: Dennis Brown, Paul McDonald, Jerry Caldwell and Sherry Leckrone and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM#12 — CONSIDERATION OF RESOLUTION 2006-50, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE FORT MCDOWELL YAVAPAI INDIAN NATION FOR 2006 PROPOSITION 202 FUNDING REQUESTS. Town Manager Tim Pickering stated that this item was a request to move forward with an Intergovernmental Agreement with the Fort McDowell Yavapai Indian Nation for 2006 Proposition 202 funding requests. He explained that the funding represents monies that had been set aside (12% of the gaming revenue) for Public Safety, economic development and mitigating the harms arising as a result of gaming activities. He advised that there were four entities that would receive funding as a result of Proposition 202 and noted that two of them, the Community Theater and Sheriff's Posse, actually submitted applications to the Town (the preferred process) and the applications were submitted to the Indian Community and were funded. The other two entities, the Fountain Hills Chamber of Commerce and Fountain Hills Unified School District #98, submitted applications directly to the Indian Community. Mr. Pickering indicated his willingness to respond to any questions from the Council regarding this agenda item. EABBender\Documents\Current Minutes 2006\09-21-06 Regular Minutes.doc Page 3 of 8 Councilmember McMahan MOVED to approve Resolution 2006-50 and Councilmember Dickey SECONDED the motion. Vice Mayor Kehe stated that he had some questions relative to the process followed by the Town and emphasized that he was not questioning the Indian Community's actions or the merits of the recipients. He commented on the fact that this issue typically appeared as a consent agenda item and stated the opinion that an issue of this magnitude really belongs on the regular (action) agenda and that was why he had asked that it be placed there. He added the opinion that limited understanding of the program and funding availability existed. He also pointed out that over the last two years only seven applicants had applied (four in one year and three in another) and added that the applicants were repetitive. He said that he believes that the process appears to be a "closed deal" and stressed the importance of getting the word out regarding this opportunity to other qualified, deserving agencies as well so that they too would apply. Vice Mayor Kehe also expressed concern regarding the fact that one person in the process was designated as a "gatekeeper," the Town Manager, and said that his concern had to do with providing one person the authority to determine whether or not the applicants met the criteria. He added the opinion that it would be better to have several people working on this, particularly if a controversy arose, and stated that a Committee such as the one formed to disperse the $50,000 Community Benefit Grants should be formed. He questioned the consistency of the current criteria and said that they were utilized with some degree of flexibility. He stated the opinion that they were at a point where they should consider "fine tuning" the entire process. He noted that Council Work Sessions were held in March and April of 2004 and five concerns were raised including one that spoke to the fact that the Town Manager would have sole authority/discretion relative to moving the applications forward. Town Attorney Andrew McGuire advised that in order to have a discussion on the issues being raised by the Vice Mayor, the items would have to be placed on a future Council agenda. He noted that the areas being discussed by Vice Mayor Kehe go beyond the agendized item and cannot legally be discussed at this point in time. He added that staff would be happy to place the policy issue on a future agenda for full Council discussion. Vice Mayor Kehe clarified that he was specifically discussing Proposition 202 and not making a specific request for a policy change. Mr. McGuire commented that the current agenda item deals with the four entities that had been qualified to receive funding and added that the discussion should not go further than that specific issue. He said that if further discussion of the policy itself was desired, an item could be placed on a future agenda so that citizens could receive notification of the Council's intent to discuss this matter and be in attendance if they so wish at the meeting when the matter was being discussed. Vice Mayor Kehe commented that he was merely discussing information that was provided by staff. He said that as a result of the single gatekeeper concept mentioned above, the Town Manager indicated that he was going to turn the application authority/criteria approval over to the members of the Town Council and stated that this had not occurred. He expressed the opinion that ample reasons exist to review the current policy. Mr. McGuire stated that as discussed earlier this week, it would have been easy and appropriate to place an agenda item dealing with a policy change on this evening's agenda but that was not done and the discussion could not occur at this time. The Vice Mayor noted that he was referring to a "review" rather than a "change" and Mr. McGuire reiterated his comments relative to the fact that the discussion must remain centered around the four entities and approving this year's requests. He pointed out that as reflected in the staff report, two of the requests did not even come to the Town but rather went directly to the Indian Community. The Vice Mayor stated that although he did not agree with the Town Attorney's point of view on this matter, he would follow his legal direction at this time regarding the matter. Councilmember Archambault referred to the Town's Proposition 202 policy and asked about reimbursement of costs (5%) particularly in the case of the two applicants who did not submit applications to the Town but instead went directly to the Indian Community. Mr. Pickering responded that the Town tried to enforce that policy but the Community requested that the Town not do so and therefore the 5% reimbursement cost had not been collected. He commented that the funding source would not be pleased if the Town decided to move forward EABBendeADocumentACurrent Minutes 2006\09-21-06 Regular Minutes.doc Page 4 of 8 with that policy and in the past the Town had not recovered its costs. Mr. Pickering said that the "saving grace" had been that Mr. McGuire, in the past, had been able to successfully negotiate with the Indian Community to hold the Town harmless (i.e. if someone determines that an incorrect use of the funds had taken place). He added that language was contained in the agreement between the Community and the Town that provides this added protection. Councilmember Archambault clarified that he just wanted to make sure that a "double standard" was not in place wherein some organizations were being charged the 5% and others were not. Vice Mayor Kehe stated that as part of the process, each "granted organization" must submit a report detailing how the funds were being used. Mr. Pickering said that last year four entities received funding and only two went through the Town and actually received the Council's policy and were aware of the reporting requirement. He advised that the Sheriff's Posse had submitted a report and the American Legion would be submitting a report. He added that both the Chamber of Commerce and the Boys & Girls Club had been contacted regarding the submission of a report. He noted that the Chamber of Commerce typically provided a very detailed report. He explained that when the entities go directly through the Indian Community rather than the Town, they were not aware of the Town's requirements. Mr. Pickering, responding to a question from the Vice Mayor, stated that the uses for the funding that the Town had laid out were very limited and specific (public safety, to mitigate the impacts of gaming, economic development, etc.) and there were few Town -based non-profit organizations that cater to that type of activity. Mr. Pickering added that the Town would also like to cover the cost of some of its services associated with public safety, mitigating the impacts of gaming, etc. and said that the Town had applied several times for different items such as for the Fire Department and the Parks Department, having to do with tourism. He added that the Town's original application was to provide a portion of funding for a police station but to date none of those requests have been granted. Mr. Pickering further explained that the only authority the "gatekeeper" actually had was to process the applications and said that he had retained this responsibility because the Council included that direction in the policy that was developed.- He said that every proposal he had received had been processed and the only proposal that had been delayed had been the Town's own (last August with the Fire Department because they were too late for the funding). He advised that when the policy was originally passed, they thought that the process would occur every quarter but the Indian Community had chosen to fund it once a year. The Indian Community begins looking into the proposals around April, decisions were made around August and it was September by the time they were processed so that the Indian Community could fund the organizations by the end of their fiscal year, which was September 30`h. Councilmember Schlum said he understood some of the Vice Mayor's concerns but added that his frustration should be directed at the manner in which Proposition 202 was written. He asked whether the Town had any say in where the monies go and Mr: Pickering replied that it did not. The Indian Community maintained total control over the selection/disbursement of funds. He noted that the Town originally met with representatives of the Indian Community to discuss this particular issue and tried to come up with a more balanced plan, so to speak, where the Town would get a certain amount of dollars each year and the rest of the disbursements would be decided by the Indian Community. He reported that the proposal was not agreed upon and did not come into fruition. He emphasized that in reality the only area that the Town controls was the application process and they had very little control over that. He said that the Indian Community did not want to receive requests for funding that had already been included in the Town's budget and each year they asked whether funding had already been set aside for the requests. If funding had been set -aside in the budget, the Indian Community tended not to fund the particular request(s). In the case of the Theater, for example, the Town does have $50,000 budgeted for that area and they could not say "the Theater received Prop. 202 monies in the amount of $10,000 so the Town could reduce its contribution to $40,000." Instead the Community would like it to be the full budgeted $50,000 from the Town and the additional $10,000 in Prop 202 funding. Mr. McGuire explained that the actual statutory language was very simple and one of the few things about the amendment that was simple. It read, "Funds shall be contributed by Indian tribes to cities, towns and counties for government services that benefit the general public, including public safety, mitigation of the impacts of EABBender\Documents\Current Minutes 2006\09-21-06 Regular Minutes.doc Page 5 of 8 gaming and the promotion of commerce and economic development." He added that the second provision states that if they did not give funds to cities, towns and counties, then it goes to the State as part of an economic development fund that was shared by everyone. He stated that a concern that was raised by him early on was that the Town would find itself in a position where some beneficiary of the State's fund at some point down the road would feel that funds should have come through because they were improperly allocated at the local level. He said in such a case, they could find themselves involved in one of those strange lawsuits much like a number of the Town's sister cities were finding themselves in. Mr. McGuire further stated that during an earlier conversation with the Indian Community, the Town said that if it was going to serve as a "pass through," they would place language in the agreement to the effect that the Town had nothing to do with the final decision — that would remain the Indian Community's responsibility alone - and so the Town would be held harmless. For the first couple of years, the Community would not agree to include that language but this year's agreement had a "subtle twist" in it that gets the Town partially to that point but not all the way (partial indemnity). He noted that the Indian Community had also identified "education" as a funding allocation although education did not appear in the statute but noted that funding was not really the Town's decision. He said that although the Indian Community had listened to the Town's opinions, they had indicated that their ideas differ from those presented.. He emphasized that the Community was graciously giving donations to organizations that need the funding. Councilmember Schlum commented on the monies that were allocated last year and asked how they equate to the monies allocated this year. Mr. Pickering responded that last year the education portion was approximately the same; however, it went through Maricopa County rather than the Town. The Town was not aware of the fact that the School District had actually received the monies until recently when the Indian Community said they were going to take it through the Town this time around. Discussion ensued relative to the fact that earlier discussions with surrounding municipalities and the League of Arizona Cities & Towns had to do with having some type of uniform funding approach; the fact that to date the Town had not advertised when the funding was being made available because a majority of the organizations would not be eligible for the funding; the fact that the funds represent monies coming into the Town for Town programs and the reason it had been stretched out to include the Chamber of Commerce and the Sheriff's Posse was because they provided functions that the Town did not; the fact that any organization in Town that believes it could qualify should contact staff and fill out an application that would be forwarded on to the Indian Community for consideration; the fact that all applications received to date had been forwarded on to the Indian Community; the importance of not placing the Town in a liability situation and difficulties associated with advertising; the fact that the statute specifically relates to "government services that benefit the general public" and that means Town services; a suggestion from Councilmember Dickey that this issue be placed on a future agenda for additional discussion and the importance of finding out what some of the other municipalities were currently doing; Mr. McGuire's willingness to update that information, determine whether there was a uniform approach in place, and provide his findings to the Council; and the fact that in the past, research revealed no uniform approach. Mr. McGuire stated that staff could place this item on a future agenda for further discussion and recommended that representatives from the Fort McDowell Yavapai Indian Community be invited to participate in those discussions so that they were able to understand the Council's concerns and the Council could obtain their input as well. He commented that it does no one any good to implement a non -binding policy. There were no citizens wishing to speak on this agenda item and the Mayor called for a vote on the motion. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #13 — PUBLIC HEARING OF A SPECIAL USE PERMIT TO ALLOW THE "FOUNTAIN HILLS VETERINARY HOSPITAL," A PET RESORT PROTECT LOCATED AT 11407 N. SAGUARO BOULEVARD, TO PROVIDE KENNELING AND AN OUTDOOR EXERCISE AREA CASE #SU2006-02. Mayor Nichols declared the public hearing open at 7:20 p.m. EABBender\Documents\Current Minutes 2006\09-21-06 Regular Minutes.doc Page 6 of 8 Senior Planner Robert Rodgers addressed the Council relative to this agenda item and explained that this was a public hearing for a Special Use Permit to allow the Fountain Hills Veterinary Hospital to provide kenneling and an outdoor exercise area. He explained that as part of the proposal, the applicant desires to construct an additional 36 canine kennels, a separate feline room with cages and provide for temporary, removable structures within the Public Utility Easement for animal outdoor exercise. There would not be 24-hour supervision of the animals. However, there would be a veterinarian on -call and the kennel area would be equipped with a web cam so that pet owners, as well as veterinary staff, could monitor the kennels as desired. He noted that the facility would be located adjacent to the dog park and outlined information relative to the proposal and other surrounding uses. He reported that the Planning & Zoning Commission reviewed the proposal at their August 24, 2006 meeting and the Commission voted unanimously to forward a recommendation to the Council to approve the Special Use Permit subject to the proposed stipulations. There were no citizens wishing to speak on this agenda item and the Mayor declared the public hearing closed at 7:23 p.m. In response to a question from Councilmember Schlum, Mr. Rodgers advised that the Special Use Permit would be permanent as long as the applicant abides by the stipulations. He noted that the kennels were internal to mitigate noise from barking dogs and added that he did not believe that there were any windows that could be opened proposed for the kennel. Councilmember Leger asked whether there would be a wall constructed around the exercise area and Mr. Rodgers replied that temporary fencing/structures would be used. He explained that the temporary fencing would provide access to utility easements. Additional discussion ensued among Council and staff relative to this request. Mr. Rodgers explained the enforcement process that would be followed should excessive noise complaints be received. He said that there had never been a requirement in place to have someone on site 24 hours a day but a supervisor would be present when the animals were outdoors. AGENDA ITEM #14 — CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW THE "FOUNTAIN HILLS VETERINARY HOSPITAL." A PET RESORT PROTECT LOCATED AT 11407 N. SAGUARO BOULEVARD, TO PROVIDE KENNELING AND AN OUTDOOR EXERCISE AREA. CASE #SU2006-02. Councilmember McMahan MOVED to approve the Special Use Permit for Case #SU2006-02 and Councilmember Schlum SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #16 — SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER. None. AGENDA ITEM #17 — ADJOURNMENT. Councilmember McMahan MOVED that the Council adjourn and Councilmember Schlum SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:32 p.m. EABBender\Documents\Current Minutes 2006\09-21-06 Regular Minutes.doc Page 7 of 8 TOWN OF FOUNTA4X HILLS LIM ATTEST AND PREPARED BY: / ZY, Bevelyn J. B de ,Town Clerk CERTIFICATION ally I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills on the 21 st day of September 2006. I further certify that the meeting was duly called and that a quorum was present. DATED this 5TH day of October, 2006. 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