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HomeMy WebLinkAbout2000.1102.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL November 2,2000 Mayor Morgan called the regular session of the Town Council to order at 6:30 p.m. Following the pledge to the flag and the invocation by Vice Mayor Hutcheson, roll call was taken. ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Sharon Hutcheson and Councilmembers Leesa Fraverd, John Wyman, John McNeill, John Kavanagh,and Susan Ralphe. Also present were Town Manager Paul Nordin,Director of Administration/Town Clerk Cassie Hansen, and Interim Town Engineer Tom Ward. Town Attorney Bill Farrell and Director of Community Development Jeff Valder per absent. AGENDA ITEM#1 CONSIDERATION OF APPROVING THE MEETING MINUTES AS CORRECTED OF OCTOBER 17, 19,AND 24,2000. AGENDA ITEM#2 CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY ARTHUR GONZALES FOR GONZO'S CANTINA AND GRILL LOCATED AT 17149 EAST AMHURST DRIVE. THE APPLICATION IS FOR A NEW CLASS 12 RESTAURANT LICENSE. AGENDA ITEM#3 CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY PEGGY AFFOLTER FOR THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL THANKSGIVING DAY PARADE. THE EVENT,SCHEDULED FOR THURSDAY, NOVEMBER 23, 2000 FROM 6:30 A.M. TO 11:00 A.M., WILL BE HELD ON PORTIONS OF PANORAMA, EL LAGO, SAGUARO, PALISADES AND LA MONTANA DRIVES REQUIRING PARTIAL AND FULL STREET L. CLOSURES ALONG THE PARADE ROUTE. AGENDA ITEM#4 CONSIDERATION OF THE EXTENSION OF PREMISE/PATIO PERMIT SUBMITTED BY JOYCE SZELIGA FOR QUE BUENO RESTAURANT LOCATED AT 13207 NORTH LA MONTANA DRIVE. THE REQUEST IS TO TEMPORARILY EXTEND THE EXISTING CLASS 12 RESTAURANT LIQUOR LICENSE TO A SECURED AREA IMMEDIATELY ADJACENT TO THE SOUTH SIDE OF THE RESTAURANT DURING THE FALL FESTIVAL ON FRIDAY,SATURDAY AND SUNDAY,NOVEMBER 10,11,AND 12,2000. Vice Mayor Hutcheson MOVED to approve the Consent Agenda as read and Councilman McNeill SECONDED the motion. A roll call vote was taken with the following results. Councilman Kavanagh - aye Councilwoman Ralphe— aye Councilman Wyman aye Councilman McNeill - aye Vice Mayor Hutcheson - aye Mayor Morgan - aye Councilwoman Fraverd aye The motion CARRIED unanimously with a roll call vote. AGENDA ITEM#5 CONSIDERATION OF APPOINTING FOUR CITIZENS TO THE PLANNING AND ZONING COMMISSION TO FILL THE VACANCIES CREATED BY EXPIRING TERMS. Mayor Morgan MOVED to appoint Bob Howes, Tom Fox,Judy Dragiewicz, and Rod Mooney to fill the vacancies on the Planning and Zoning Commission and Vice Mayor Hutcheson SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#6 CONSIDERATION OF A TEMPORARY EASEMENT TO ALLOW THE FOUNTAIN HILLS SANITARY DISTRICT TO DRILL A TEST WELL ON THE NEW COMMUNITY CENTER PROPERTY. Town Manager Paul Nordin reviewed a prior discussion held concerning this item two weeks ago. He stated that this item was now before the Council for formal approval. Mr. Nordin said it would need to be in the form of a motion to give the Sanitary District access to the Town's property to drill a test well. He referred to the Town Attorney's memo included in the Council's packet materials, which recommended Council approval. Mr. Nordin said there were two representatives from the Sanitary District present to answer any questions. He stated that he was aware that the project had been moving along in the last two weeks. He said the Sanitary District would like to proceed with the drilling of the test well. If the test well results were to come back positive, then a more elaborate item for a permanent easement would come before the Council in addition to a more specific discussion of the structure that would need to be built. He reiterated that the only action being asked for at this time was for permission to drill the well. Councilman Wyman MOVED to approve the temporary easement as presented and Vice Mayor Hutcheson SECONDED the motion, which CARRIED unanimously. Mr. Nordin noted that the reason that the test well was necessary was it was an integral part of the recharge plan. He was pleased to show the Council and the public a copy of this week's local paper showing Ron Huber on the front page. Mr. Nordin said it might be appropriate for the Mayor to call on Mr. Huber to give a brief presentation why he appears so radiant. Mr. Huber explained that last Tuesday the Sanitary District received a signed modification to its aquifer protection permit, which was the last bit of regulatory paperwork that the Sanitary District needed to be able to recharge effluent into the ground. He reviewed that the permit application went in July 21, 1999, and should have taken about nine months but it had taken longer than that. He expressed that they were happy to have that completed. ‘111w AGENDA ITEM#7 CONSIDERATION OF ESTABLISHING A NEW STAFF POSITION TO MANAGE THE NEW COMMUNITY CENTER FACILITY AND APPROVING A SALARY RANGE. Mr. Nordin reminded the Council that a budget had been approved for the Community Center. He said that a minimal budget had been established, as staff did not know at the time what might be required when the Community Center came on line. Staff knew that several positions would need to be recommended to the Council to perform the operations of that facility. He said the project was progressing. He said that as the town manager he did not have the authority to add new positions to the Town staff. He explained that the procedure was for the Council to approve such new position additions. Mr. Nordin explained that as was standard operating practice, a job description and a pay range was presented to the Council for approval. As staff had not known at budget time what would be required, staff was now coming to the Council for approval to establish a director position for the new community center with an intended pay range. He stated that the packet material the Council received included a memo from Director Hansen showing some salary comparisons from around the valley and the required job description. Mr. Nordin requested approval of the recommended job description and pay range as presented. He confirmed that he intended to have this position report directly to the Town Manager. Councilwoman Fraverd MOVED to establish the position of Community Center Director as presented with an annual salary range of 52K to 72K and Councilwoman Ralphe SECONDED the motion. Councilman Kavanagh said he had noticed in the initial paragraph of the memo describing the job description that it referenced both the community center and the library/museum. He questioned if this meant that the director would have responsibilities in these facilities. Mr. Nordin responded that there was no plan to have that occur. The maintenance positions contemplated for the community center position had yet to come before the Council for approval. He acknowledged that one of the positions would be for a maintenance position at the community center. Councilman Kavanagh asked if there would be any maintenance or other oversight responsibilities in the library/museum area. Mr. Nordin replied that plan had not been brought to him for approval. He said that issue had not yet been determined as to how that function would be performed. He said there were two options: the Regular Session of the Town Council 11/2/00 Page 2 of 16 Community Center maintenance/operation staff might be loaned to the library/museum or our existing Town maintenance staff could be used. He said that the County Library provided some staffing there so it was not completely clear as to what functions their staff might be performing. He felt by working together with the County Library staff,existing administrative maintenance staff, and the maintenance staff that would be coming on board at the community center,the job would be accomplished. Ms. Hansen said it was her understanding that the IGA with the County for the maintenance of the Library would be exactly the way it was right now. The Town would be taking care of all of the maintenance of that facility,just as the Town currently does. Mayor Morgan asked if the Town would be creating a separate staff for that building and the maintenance of the complex would not be coming under the present Town Maintenance Supervisor Don Thumith. Mr. Nordin said that what was presently being contemplated was a separate maintenance function under the supervision of the new director. He would expect there would be coordination between the Administration staff and this new maintenance function. The supervision would be through the new director. Mayor Morgan felt this was repetitious use of current staffing. She felt the current staff could handle this complex. Vice Mayor Hutcheson questioned if those other new positions needed to be created now. Mr. Nordin said no, he was only reporting to the Council the thought process. He had not formulated a specific set of recommendations at this time for the additional positions. Vice Mayor Hutcheson said that since a maintenance plan had not been formulated, it was possible that the existing town administrative maintenance staff would need to expand their servicing to the new town buildings. Mr. Nordin responded that supervision was a critical element in the provision of municipal services. He said that staff took pride in the fact that they had an excellent track record of working interdepartmentally. It was never the intention to unnecessarily duplicate any service. He noted that as the specific recommendations were developed for the staffing of the Community Center, staff would consider all of the issues just discussed (coordination and overlap etc.). At that time he would come to the Council to present what was felt to be an appropriate and cost efficient method of maintenance for all the buildings. Mayor Morgan asked if the Council passed this motion, were they also approving the job description. Mr. Nordin said yes. The standard operating practice was for the Council to approve the position and the pay range attached to it. Mayor Morgan asked that the job description be reviewed line by line because the Mayor's Council for Economic Development was doing some of those things listed. She felt that the Mayor's Council played a major role and this director might be a person on the committee but she did not think that this position should supersede that committee. She felt that the job description, as written, was not ready for publication. Councilman Wyman said that the complex had been a long awaited project. He was concerned that due to the tremendous amount of interest in the community over the years, that this position was premature. He suggested the use of a community oriented or community-based commission to participate in defining what the tasks would be and what the reporting relationships would be. He proposed that this item would best be set aside until the Council defined a commission and its role. The commission could then participate in the process. He knew that the seven Councilmembers had opinions how this should be done. The Council would be the ultimate arbiter, which would be proper since they had been elected to do just that. He said it had been done with the other commissions as well. He pointed out that the Council always had the respected input and the results from a commission's detailed analysis before they attempted to resolve issues. He reiterated that this item should be tabled and the Council should move on to the Commission end of it. He wanted to get the community to participate. He said the choice of a manager was inappropriate at this time. Mayor Morgan stated her reasons for not agreeing with the motion before the Council. She was against micro managing. She said in her opinion this was a prime example of this. She based her opinion on several conversations with the Town Manager, knowledge of phone calls, and knowledge of others' personal feelings on this subject. She said the job of the Council was to set policy and procedures, not interfere in everyday personnel kkoir matters. If this becomes necessary, she felt there was a need to look into the one personnel issue that was in the Council's job description to address. She said it was her opinion that this job description/title was premature. It Regular Session of the Town Council 11/2/00 Page 3 of 16 was not an appropriate use of Town funds at this time and the position at this time could be filled with a manager. If the position could be re-evaluated in the future, perhaps at that time the position could be upgraded to director. She looked forward to being able to promote Fountain Hills through small conventions, seminars, and tourism. She noted that these types of promotions were at least two-years out from when the Town began to build hotel and resorts and may even be three-years out. Presently the Town would be using the new community center in much the same way as the current community center was used— scheduling local happenings and events. That was why she felt a manager and not a director was needed at this time. She said that the Council's interference could cause repercussions that were not now known but would happen down the way. She said that there were many people who would love to have a job, which paid approximately $60,000 a year, supervising volunteers and a few part-time employees. Councilwoman Fraverd asked how the Planning and Zoning and the Parks and Recreation Commissions came about and how the directors for those two positions evolved. She wanted to know which came first, the commission or the director position. Mr. Nordin responded that it was his recollection that the Community Development Director position had been established prior to the commission. With the Parks and Recreation Commission he remembered that the commission had been established just prior to the time that they recruited the Parks and Recreation Director. Director Hansen stated that the situation had been somewhat unique, because those commissions were part of the Town Code. At the time that the Town Code was adopted, the Town Council had to act as the original Planning and Zoning Commission and was in place prior to the hiring of the Community Development Director. She remembered that the same thing had happened with Parks and Recreation. There had been a Parks and Recreation subcommittee, which became the Parks and Recreation Commission. They had been actively meeting before the Parks and Recreation Director came on board. Mr. Nordin recalled that the Town Code was adopted without a Parks and Recreation component because the initial Town Code was adopted before his arrival in Fountain Hills. He remembered that he had helped draft the code provision for the Parks and Recreation Commission. He stated that the Parks and Recreation section of the Code was added after the Code was adopted. He now recalled as Ms. Hansen did, that the first Council did act for a time as its own Planning and Zoning Commission and Board of Adjustment. He said he had been actively involved in the recruitment and selection process for then Planning and Ilow Zoning Director applicant Gary Jeppson prior to the first appointment of the Planning and Zoning Commission. Councilwoman Fraverd asked who had formulated the duties and responsibilities for the two director positions. If the commissions were not seated at the time, who drafted those duties and responsibilities? Mr. Nordin replied that he was not sure if there had been a formal job description for either position at that time. He thought they had previously used a job announcement form with some qualifications listed for solicitation. There was a time sometime after incorporation when staff drafted job descriptions for all positions. He said that later staff established the present program that was used at budget time when new additional positions were requested. Staff would produce the new job descriptions with pay ranges. Director Hansen responded that during the Town's first six months there were a lot of sub-committees. She said that the Parks and Recreation sub-committee had been very active and had been the forerunners of the Parks and Recreation Commission. She said they had been helpful with that chapter of the Town Code. Councilwoman Fraverd asked if Mr. Nordin and Director Hansen had prepared duties and responsibilities for the Community Center Director and where did the detailed information come from. Director Hansen responded that the Town's Human Resource Specialist,Joan McIntosh, had compiled the job description. Ms. McIntosh had contacted surrounding communities and obtained their job descriptions for a similar position. Director Hansen said the job description before the Council had been put together using those various job descriptions with a few specialized items added in just for Fountain Hills. Councilwoman Fraverd said she found the job description to be quite inclusive. She was satisfied with what had been prepared by staff. She wasn't sure that getting a Commission involved (seven new opinions) could improve this job description. She felt that if a Commission were to become involved it would make the process cumbersome and go in a direction that she would not like to go. She was happy with this job description and did not see going forward with this as micro managing by the Council. She said this data had not been complied by the Council. This was a new position that was necessary for the new Community Center. She felt it was one of great responsibility as indicated by the pay range. She said it was staff s recommendation that this was the direction the Town should be headed as someone needed to take charge of the Regular Session of the Town Council 11/2/00 Page 4 of 16 Community Center. She hoped that the Community Center would not be used for only monthly club meetings for the next two years. She expected something much more dynamic to be going on with it and she hoped that the ik downtown consultant would also help. She pointed out that the Town now had this huge expensive building and she wanted to see it get off the ground be a shining example of what the downtown could be. Councilwoman Fraverd felt that it would take someone in-house who would take an interest in promoting the Community Center enthusiastically. She said that meant a new person on board and felt it was time to go in that direction. Mayor Morgan said that her experience working at the Chamber and having prior conversations with the convention bureau and with people heavily involved with tourism both in Europe and the United States indicated that it would take at a minimum two years to get a convention here. People plan their conventions two to three years in advance. She suggested that Mr. Frank Ferrara, Executive Director of the Fountain Hills Chamber, could speak to that issue as he has had contact with the head of the convention bureau and has made other contacts. Mr. Ferrara said he had a responsibility to the Chamber and the Town to ensure that the town became a destination and that the Town would be put in a position to get the word out to the proper people. For the past two years he had been working with several heads of various CVB (Convention Visitor Bureaus) in an attempt to find out what it would take for Fountain Hills to get a convention of any size. He explained that in order for the Town to bring in a small convention of approximately 200, the Town would have to be able to provide the following: lodging for the maximum capacity of 200 people, a place to break out (which could be the Community Center), a place to hold activities, and amenities for the attendees. He did not think Fountain Hills would ever have a large convention. He pointed out that obviously the Town had some amenities: the casino and the fountain. He admitted that at this point the Town did not have what it takes to draw a convention. He said a convention would come only after all things were in place. Mr. Ferrara's main concern as the Director of the Chamber was that the Council might be putting someone in place with an empty basket. He said that 1-' years ago he was able to bring 31 members of the Arizona Travel Guides to the Town. He said the Chamber had shown them pictures of Fountain Hills and the Community Center because at the time that was all that the Chamber had. The Arizona Travel Guides were made up of small conventions and tourist people that bring people into town. At that time they all commented to him that they would love to come back as soon as Fountain Hills has something to come back to. He agreed with the Mayor that Fountain Hills was a ways off for having conventions. His concern with hiring a director now was that it was unknown as to what the Community Center would be. He would certainly want to continue doing what he was doing to promote Fountain Hills. He restated that the Mayor's Council for Economic Development was promoting tourism and he expected to be heavily involved in that from a Chamber standpoint. Mr. Ferrara asked the Council to consider if these current plans might be premature. Councilman Wyman said that making Fountain Hills a destination was one of the reasons for wanting to develop a fine downtown so that people will come and spend money in everyone's shops. He wanted a community-based approach taken. Up to now the Town has had the Civic Association which essentially ran the Community Center. He felt that it was appropriate to have a commission, interviewed, selected, and set up by the Council, to think through the process and choose a manager or director, or a staffing position. He wanted to involve the community in the process but that didn't mean that space would not be allocated for the opportunities that would be presented by a convention. The facility would be large enough to accommodate a wide variety of activities. For 15 or 20 years the present center had been a community based center directed by the Civic Association. If there was a commission to assist in the process, it would appear to everyone in the community that this was a community based decision so that the community would not be ignored in the process. He was concerned about starting out with a director who would be working with one or more agencies in Town who they might co-op this facility to a certain degree. Councilwoman Ralphe said she respected the citizen advisory commissions and the serving citizens. She stated that the matter in front of the Council did not fit in with the commission's role. She said it was appropriate that the Community Center Director job objectives, duties, qualifications, and job description came from the Human Resource Department staff. With those recommendations it appeared to flow appropriately then to the Council in acting on those recommendations who would be setting policy. She acknowledged that this was the role of the Council — to set policy. She heard in the discussion that conventions were two years out and acknowledged that Regular Session of the Town Council 11/2/00 Page 5 of 16 might be true. She hoped that a Director could get going on the day to day business and could also be planning for the day when the Town would handle conventions. The best things were always done with some planning. Vice Mayor Hutcheson pointed out that most Councilmembers who campaigned had supported the Community Center as a great idea. She thought it was a good idea because it would be the jewel in the crown, the catalyst for the downtown, and part of the Town's destination plan. She felt the Council would be remiss to not give the Community Center its due. They had all campaigned for that and she felt the public expected them to follow through. If the Town simply needed more room, the Town could have added on the existing Community Center. She saw this new Community Center as a very important and integral part of the downtown development. She felt a professional was needed to assess the Town's needs, plan for the future, and to become a liaison to all the groups and staff. She pointed out that the Community Center would be ready to open in the late spring and there was a tight job market to consider. This was a $5 million dollar Community building with a large community to serve. She stated that a professional would have the experience to deal with the various community groups and commissions. Vice Mayor Hutcheson said she did not see the role of a commission as that of writing a job description but to be one of support to the new director with current staff also being supportive of the new director. She felt that if $5 million was to be spent on a building it needed all the assistance possible to help the public celebrate this wonderful experience. Councilman McNeill said this Community Center was the biggest single investment that the Town of Fountain Hills had made in a public facility. While he might agree with Councilman Wyman that it would be nice to have the Commission have some input into the director/manager position, at this point he felt it was too late into the process. He agreed that it would have been nice if the Commission had been formed several months ago so that they could have been involved, but now there was a scheduled opening to consider. This is scheduled to be on or about April 1. He felt the Council had a fairly ambitious hiring schedule here and hoped they were able to meet it. He was somewhat doubtful so that someone could be on board and become involved with the planning by working with the Commission. He wanted to see the facility open to the public and have it become truly a Center for the Community. Councilman McNeill felt that they needed all the help they could get and having a professional director on board itolw was important now. He felt that conventions were part of the future plans for this facility and agreed conventions might be as far as two years away. He stated that a director could help by working from day one to attract those conventions that might come to Town in two years. Mayor Morgan said she saw this Director as a professional who would be working with the Mayor's Council for Economic Development Committee. She hoped that a Director would not try to supersede that Committee and over run it. Councilman Kavanagh said that after listening to the Council's discussion and comments from the floor he now had more misgivings and questions. He felt uneasy about approving this item tonight. He was concerned about the scope of the job responsibilities. Particularly based upon the large salary that this person would be earning. $52K to start was a pretty nice job. That was why he had asked if the library/museum would also be a part of their job responsibilities. He asked if one person could run the center and also promote the conventions. He had noticed under job qualifications that experience wasn't required in both areas. His concern was that the Town would hire someone today only to find out find out three years later that because this person did not have any experience in attracting and promoting conventions that another person would needed for an additional $40,000 to do that job. He felt that issue should be addressed as well as the scope of the job and its salary. Councilman Kavanagh wanted to also address the Mayor's concerns. He said that Councilman Wyman's suggestion of putting the Commission in place and having them look at the issues would give the Council some breathing room to address the issues. Councilman Kavanagh said he would be comfortable with tabling this issue if Councilman Wyman wanted to make a motion to table it. Vice Mayor Hutcheson felt that the Council was getting off track by talking about conventions. She said there were many companies in the valley that look for places to hold employee meetings. She said her husband's company was always on the lookout for a valley wide location in which to hold daylong conferences. She did not see why the Town would have to wait two years to attract those kinds of things as those types of decisions were made every six Regular Session of the Town Council 11/2/00 Page 6 of 16 months. Vice Mayor Hutcheson said the Town did not have to get tangled up with the issue of large conventions or no conventions, as there were many different types of meetings/conferences that were in between. She said the Council was in a very unique position as they were actually getting to look at a new position. She suggested that there were probably many job descriptions and interview questions that the Council would never get to ask. It was not the Council's responsibility because that was what the Town Manager did. She was comfortable with the Town Manager and staff filling other positions. She felt that they would be willing and able to do the same thing with this position and would select the best candidate for the job. She stated that the job description before the Council was a listing of duties, which could go through revisions. She pointed out that did not mean that the person didn't get hired until the revisions were done, but stated it should be left up to the Town Manager. The Council should not micro-manage in that area. She said the Town Manager would be able to select the candidate that best fit the job description. She saw the scope of responsibilities for this experienced person as being a coordinator of all the groups,not superseding anyone,but also as a professional liaison. Councilman Wyman MOVED to table this issue until the Commission was chosen and Councilman Kavanagh SECONDED the motion. Mayor Morgan asked for clarification, as there was a motion already on the floor. Mr. Nordin responded that the motion to table was appropriate and said it was proper to call for a vote on that motion. The Mayor called for a roll call vote on the issue of tabling the issue. A roll call vote was taken with the following results. Councilman Wyman aye Councilman McNeill- nay Vice Mayor Hutcheson - nay Councilwoman Fraverd nay Councilman Kavanagh- aye Councilwoman Ralphe— nay Mayor Morgan - aye The motion FAILED on a vote of 4—3. ‘kirr Mr. Nordin confirmed that now the Council was back to the main motion. Councilwomen Fraverd AMENDED the original motion to add a sentence to the last page under "Work Environment": "Residence in Fountain Hills within two years of initial contract date is strongly recommended."and Councilman McNeill SECONDED the amendment. Mayor Morgan questioned what action would be taken if the person did not comply? It was pointed out that this statement was only a recommendation and the employee would not be held to it. Councilman Kavanagh said for all practical purposes if the job description recommended that the employee be a resident in Fountain Hill at the end of two years, that was the same thing as saying it was mandatory. He felt that anyone applying for the position would naturally assume that if they were not willing to move here that they would not be considered. They would probably also assume that they would be asked that in the interview, as that was obviously an important point. He did not think anyone outside the area who was eminently qualified would even respond to the Town's advertisement. The Town's qualified applicant pool would be shrinking. He pointed out that based upon the desired multiple skills that this person must have, the pool was already quite small. He said that suggested the residency requirement would have a major impact on the quality and number of candidates that would apply. Councilman Kavanagh felt it would not be fair to ask the applicant to uproot their family. He noted how hard it would be for them especially if there were children, depending upon how actively they were involved in their schools and other activities. He was opposed to adding that verbiage. Councilwoman Ralphe referred to a prior council meeting agenda item regarding a residency requirement in general for Fountain Hills' employees. She noted that the Council had not acted on that. She now questioned whether or not it would be wise to bring that up for discussion. She was not in favor of putting a residency recommendation or requirement on one particular job. She felt that the Council would look at that issue as a whole rather than on just ,.. one position. Regular Session of the Town Council 11/2/00 Page 7 of 16 Councilwoman Fraverd stated this was not a requirement, only a goal to strive for. In her opinion it would advantageous to both the director and the community if they were to reside in the Fountain Hills, especially when considering the varied hours that they would be required to work — weekends in particular. She addressed the residency requirement issue that she had initiated a month or so ago. She indicated that the Council had in mind to grandfather out those current employees who lived outside Fountain Hills. It was her opinion this position would not fall under any new requirements that were not made for future employees. She said she purposely did not put in stronger language because she wanted to leave some flexibility to the discretion of the Town Manager. Mayor Morgan said the Council needed to decide if this would be a requirement for employment. Speaking from personal experience as a building manager, she had not lived in the town where she worked. As the building manager, she had known it was part of her job to travel back and forth. She felt that even at the projected salary it might preclude someone from living in Fountain Hills. Councilwoman Fraverd pointed out that it was thought to be a handsome salary range. It was her opinion that if someone made that kind of money and couldn't afford to live here, then the Town was in trouble. She did not believe Fountain Hills to be the elitist community as described by some. She said it was possible to live in this town and make that kind of salary. Mayor Morgan pointed out that if someone loved their job, they would not mind traveling. Councilman Kavanagh noted that if Fountain Hills had a residency requirement for employees it could scare away many qualified people. He said that a residency requirement would greatly reduce the job market. He commented that he did not like the idea of residency requirements. Councilman Kavanagh said that staff was willing to counsel and fire any employee who did not do a good job. He said that employees should be judged upon their performance. He said if someone did not live in the Town it should not be presumed that they could not be a great employee. Councilman McNeill said that although he did not support a residency requirement in general, this was not stated as a requirement for the Community Center Director position and did reflect the reality of the job. He said this position would involve a lot of night hours and coverage of events. He felt it might be difficult for someone to live far from Fountain Hills. For those reasons he felt suggesting residency was appropriate. Councilwoman Fraverd responded that she did not mean to imply that those current Town staffers who did not live in Fountain Hills were not competent or excellent workers. That certainly was not the case. She felt that it would be advantageous for the person hired for this position to live in the Town. Councilman Wyman agreed with Councilwoman Fraverd and Councilman McNeill that the nature of the job would certainly be enhanced for someone to live locally. Once the right person was found and if they loved their job, he felt they would move here. He stated the choice should be theirs. He pointed out that had happened in the past with some of the Marshals Department deputies and thought that would occur more and more. He noted that Phoenix had expanded its residency requirements to include all of Maricopa County as they had found out they were not attracting enough people. Mayor Morgan stated from experience that if the director had trained his or her staff properly, the director would not have to be at every function when the doors were open. Living here in Fountain Hills or outside Fountain Hills might not even be an issue. She pointed out that the director could keep in touch with a competent staff on duty by cell phones and pagers. Vice Mayor Hutcheson said she was not in favor of residency requirements. She reiterated that as this was a small community she felt it was difficult to require someone to live here. Vice Mayor Hutcheson did not think there was anything wrong with making a recommendation. She proposed omitting the word "strongly" from Councilwoman Fraverd's amendment. It showed the Town's desire that the director become involved with and become a part of the community on a basis other than just their job. She understood Councilman Kavanagh's concerns about transplanting an employee's family especially if their children were in junior or senior high school. She did not see if the job description just read"residency was recommended",that would scare anybody off. Councilman Kavanagh did not mean to imply that Councilwoman Fraverd said that employees who did not live in Town were less competent. Regular Session of the Town Council 11/2/00 Page 8 of 16 Mayor Morgan called for the vote on the amendment. A roll call vote was taken with the following results. Councilman McNeill- aye Vice Mayor Hutcheson - aye Mayor Morgan - nay Councilman Kavanagh- nay Councilwoman Ralphe— nay Councilman Wyman nay Councilwoman Fraverd aye The amendment FAILED on a vote of 4 -3. Mayor Morgan called for the vote on the original motion. A roll call vote was taken with the following results. Councilwoman Ralphe— aye Councilman Wyman nay Councilman McNeill - aye Mayor Morgan - nay Councilwoman Fraverd aye Councilman Kavanagh- nay Vice Mayor Hutcheson - aye The original motion CARRIED on a vote of 4-3. AGENDA ITEM#8 CONSIDERATION OF RESOLUTION 2000-49 ESTABLISHING A COMMUNITY CENTER ADVISORY COMMISSION AND PROVIDING FOR ITS MEMBERSHIP, OFFICERS, DUTIES,MEETINGS,AND CONDUCT OF BUSINESS. Mayor Morgan said there were two versions of Resolution 2000-49 before the Council for consideration. For the purpose of discussion Mayor Morgan MOVED to approve Resolution 2000-49a and Councilman Wyman SECONDED the motion. (4111, Councilman Kavanagh said that the revised resolution did represent some compromise with the original. The only major difference was that this resolution created seven positions, where the other version had three positions at large and then members from designated groups. Mayor Morgan and Councilman Wyman pointed out it was the other way around. Councilman Kavanagh said that was a pleasant surprise. Councilman Wyman discussed that he liked version (A) because it had the opportunity to assure a good cross section of the groups who would be served by this community center. • 3 -from the community at large • 1 -representing the youth community users • 1 -representing the senior community users • 1 -representing the business users • 1 -representing the club organization users He found that approach to be appropriate. He was concerned that if it was a strictly made up with an "at large" the commission, the Council would have to make the decision as to who properly represented each group. This way if there were two or three individuals representing a group the Council could then chose from among them. The virtue would be that there would be representation from that particular group. With the seven at large approach, the Council would have to hope that they were going to get seven people that balanced all of the various interests just described. He said that would demand a lot from this Council. He would feel more comfortable choosing from one of three people representing a group and then Council could feel confident that they had an individual who would indeed represent that specific group. He felt it would be a roll of the dice if the Council chose seven individuals "at large". Mayor Morgan said she would like to see a "sunset clause" inserted in the resolution. Mr. Nordin explained that was a commonly used term to describe the term of the commission or body and would come up for review by the Council at whatever time was indicated. He said the notion was that the commission or body would at some point ,,. cease to exist at a future designated date unless specific action was taken to extend its existence. Mayor Morgan explained her reasoning for wanting this clause. She said that if this commission came up with policy, procedures, Regular Session of the Town Council 11/2/00 Page 9 of 16 pricing, etc., their objectives would come to an end. If the commission went on into perpetuity she felt the commission might get involved running the center on a daily basis and she felt that could cause problems. She noted that the "sunset clause" might never have to be invoked, but she wanted the option available. She agreed this version had a chance to be a rounded commission. Councilman Kavanagh asked if no one remembered to review, would the commission continue or automatically die. Mr. Nordin said no, the interpretation under the Annual Review section in Option A, would be that the commission would continue and not automatically terminate. Councilwoman Ralphe said she would prefer to see all the members be "at large"and make it open to all individuals in Town. Mayor Morgan expressed concern that the Council would have to take the seven people who applied if they were not qualified or not really interested. She noted that there were not a lot of people applying for non-paying volunteer positions. A prime example was that there not enough qualified people to run for the School Board. She did not know how they would get people lined up to make a proper evaluation. Councilman McNeill looked at both resolutions and did not see much difference between them. He preferred Resolution 2000-49, because the Council owed it to the constituency to select the seven best qualified members for this commission no matter where they came from. He expected that in looking for candidates that the Council would make sure to get the news to the constituents who were current users of the community center of the Council's desire to have applicants participate and become involved in the selection procedure. He knew that sometimes there were few candidates, but the candidates who had come forward for the various commission openings had been very qualified people. He hoped that would be the case here. He said he would not object to the annual review being included in either resolution and would support that as an amendment. Mayor Morgan asked, with regard to the open meeting laws, how could the Council discuss the candidates and their interviews? She expressed concern that if the commission was "at large", how could the Council get a well-rounded commission. Councilwoman Fraverd said that could be handled by asking the right questions during the interview process. Just because the applicant was a representative of a particular group did not mean they didn't have the good of the community as their interest. She said the idea was to select the best seven individuals that would benefit the community. She did not feel it would be a violation of the open meeting law by asking the right questions during the interview process. The Council would then arrive at their choices for the commission members. Councilman Wyman pointed out that the Council was not without bias. He said the diversity offered in (A) would take the bias away from the Council's selection process and would represent the community "at large". He asked Mr. Nordin if the Planning and Zoning Commissioners recently chosen had been appointed by the Mayor but subject to the approval of the Town Council? Mr. Nordin said that had been the procedure in the case of the Planning and Zoning Commission. Councilman Wyman said Resolution 2000-49 said that the Town Council would appoint the commission. How would the Council handle this situation, argue it in public? Mr. Nordin clarified that that would be mandated. Councilman Wyman pointed out that Resolution 2000-49 (A) was consistent with how the other commissions were handled by the Council, that "the members of the commission shall be appointed by the Mayor, subject to the approval of the Town Council". Mr. Nordin said yes, the Planning and Zoning Commission and the Board of Adjustment were handled that way. Councilwoman Fraverd said that the Parks and Recreation Commission was not handled that way. Mr. Nordin responded that Councilwoman Fraverd was correct. Councilwoman Fraverd said she did not see the process to the appointment of any of the commission being changed. She said they would still be interviewed in executive session, the choices given to Mr. Nordin so he could pass them on to the Mayor, the Mayor could then announce them and make the motion to appoint as she saw appropriate. Mr. Nordin explained that he had been uncomfortable with the Council giving him name preferences for potential Planning and Zoning Commissioners. He believed if he had passed any of that on to the Mayor that would not the appropriate thing for him to do. He had not relayed to the Mayor any of the Council's individual choices for the Regular Session of the Town Council 11/2/00 Page 10 of 16 Planning and Zoning Commission. He felt that technically he would have been violating the open meeting law, so therefore he had not given the Mayor any of the information he had gathered. He said he was anxiously awaiting L. the return of the Town Attorney, Bill Farrell, to pose that question to him to find out if he had been overly cautious in this decision. It was his opinion, that when the Council is in executive session, the Mayor had the ability to listen as well as to ask questions. It was during this legal interviewing process during executive session that each Councilmember had the right and obligation to listen. Mr. Nordin said the reason that he believed that the mayoral appointment followed by Council ratification was preferable was that it allowed the Mayor to listen during the executive session and not violate anything. The Mayor would make that appointment not based upon any conversation held, but based upon the questioning during interview process held in executive session. If the Council then disagreed with the Mayor's selection, then the Council could hold the public discussion without violation of the open meeting law. For that reason Mr. Nordin recommended that the Council include this procedure in all of the Town Codes, in which all of the appointments were to be made by the Mayor with the approval of the appointment by the entire Council. Councilman Wyman reiterated that one or more members of the Council had approached Mr. Nordin with names that had not been revealed to the Mayor. He pointed out that did suggest there was some bias among the Councilmembers since they had indicated names of individuals to Mr. Nordin to serve on the Commission. He again noted that the bias would be removed from this new commission if the Council provided representation from the community as he had previously discussed and not "at large". Mr. Nordin said it was his recommendation that the mayoral appointment clause be in whichever Resolution that the Council chose. Councilman Wyman said that he had no idea who he would want to see on this new commission. He pointed out that he had not suggested any names to Mr. Nordin. Councilman Wyman agreed that the Mayor should make the appointment subject to Council approval,no matter how that approval was arrived at. Councilman Kavanagh supported and favored the three members "at large" with there then being a member from each of the other four areas: the youth community, senior community, business community, and clubs/organizations. His reason was that it gave the commission balance. He did not think it was an impediment to getting the best seven people in Town to serve. He acknowledged losing some flexibility by having designated individuals, but the history of this country (repeated in every state) was that loss in flexibility was well made up when getting a nice balanced representative group. In a small town and center such as this, he felt it was important that every stakeholder felt that they had a representative who would be looking out for them. He said that the "at large"was protected,because almost half of this commission would be "at large". Vice Mayor Hutcheson agreed with the procedure of mayoral appointment followed by council approval. She clarified that the names referred to by Councilman Wyman had to do with the Planning and Zoning Commission and not this new commission. Mr. Nordin said yes. Vice Mayor Hutcheson said she did not want to select one member from every group because if the Town did a good job of advertising and soliciting groups those who want to serve would come forward and apply. She wanted to make sure that someone had the initiative and the desire to apply to be interviewed. Vice Mayor Hutcheson said it was important to review how the other commissions were handled. She pointed out that the Planning and Zoning Commission and the Parks and Recreation Commission had not been selected like this. She knew there was a difference because some of those commissions were codified. She reviewed and noted that the backgrounds of the Planning and Zoning Commissioners were balanced and diversified. She said that had happened because whoever selected them and the people that applied were a good cross section. Vice Mayor Hutcheson said that in the Park and Recreation Commission there was also a good mix of participants. She said that if the Town did a good job of advertising, interviewing, and using common sense, the Council was very capable of providing a good mix. That was what this commission should be, a "good representation" of the community. She did not want to limit the Council's choices to say the applicant must be this or this. Vice Mayor Hutcheson suggested that an applicant might be representative of more than one group or organization. She said that in the past the Council had done a good job of selecting people who were interested in the commission and she was confident they could do it again. Mayor Morgan asked that if only seven applications were received, did the Council have to take those seven applicants. Mr. Nordin said no. It would be at the mayor's discretion to appoint those individuals or to advertise again for commission applicants. Mayor Morgan asked how that would be handled under the open meeting laws if vtligo the applicants could not be discussed among the Council. Mr. Nordin agreed that the open meeting law was a challenge. Regular Session of the Town Council 11/2/00 Page 11 of 16 Councilwoman Ralphe proposed that staff be given direction to advertise for applicants to apply with listings on Channel 11 and adding the application to the Town's website. She felt it would make the process easier for the public and would allow the Town to get more qualified applicants. Mayor Morgan called for the vote on the original motion. A roll call vote was taken with the following results. Vice Mayor Hutcheson - nay Councilwoman Fraverd nay Councilman Kavanagh- aye Mayor Morgan - aye Councilman Wyman aye Councilman McNeill - nay Councilwoman Ralphe— nay The motion FAILED on a vote of 4-3. Councilwoman Fraverd MOVED approve to Resolution 2000-49 with changes to Section IA (Membership) to include "by the Mayor, subject to the approval of, Section 4B (Duties) strike "subject to Town Council approval, and also promote this new commission by advertising on Channel 11 and any all other public information avenues. Mr. Nordin suggested that the last statement made with regard to promotion of the commission wouldn't be appropriate for inclusion in the resolution, but it would be appropriate direction to staff if that was the Council's desire. Councilwoman Fraverd asked that the last statement be removed to reflect the changes to IA and 4B as previously presented. Councilman McNeill SECONDED the motion. Vice Mayor Hutcheson asked if Councilwoman Fraverd was considering adding the annual review section from Resolution 2000-49a. Councilwoman Fraverd responded no. She was not willing to wait a year to review what this commission was doing. She would like to see a joint meeting held with them within four months or so. Councilwoman Fraverd wanted to keep on top of what they were doing all the time. She said an annual review sounded like they were being evaluated and that she was not sure that was the position that she wanted to take. Councilwoman Fraverd said she wanted them to be free to pursue their own course but she wanted to know what they were doing and wanted to have dialogue with them to assure that everyone was on the same wave length. Vice Mayor Hutcheson said she did not mind taking out the annual review, but she wanted to include the "sunset clause". Councilwoman Fraverd responded that there was no annual review in Resolution 2000-49. Vice Mayor Hutcheson said she was referring to Section 4 in Resolution 2000-49a. She asked if that should be incorporated into Resolution 2000-49. Vice Mayor Hutcheson asked if the amendment would incorporate anything out from Section 4 from Resolution 2000-49a. Mayor Morgan said she favored including the sunset clause but had felt it was a waste of words to suggest it. Mr. Nordin clarified that Councilwoman Fraverd had not yet made a proper amendment. If a Councilmember wanted to make an amendment to Councilwoman Fraverd's motion that would still be in order. Mayor Morgan AMENDED the motion to include the "sunset clause" and taking out the words "annual review". Vice Mayor Hutcheson SECONDED the motion. Councilwoman Fraverd asked if the entire Section 4 (Annual Review) was to be included. Mayor Morgan said no. She was including a "sunset clause", which did not give a specific date. Mr. Nordin said the Mayor was correct but noted that a specific date could be included if so desired. Councilman Kavanagh asked that the proposed Section 4 be read for clarification purposes. Mr. Nordin read Section 4 — Annual Review. The Community center Advisory Commission will operate on a year-to-year basis with an annual review of the duties outlined in Section 3. The Commission and Community Center Supervisor will determine if the duties remain relevant and pertinent to the goals and objectives of the facility and make a recommendation to the Council regarding duties for the following year. The recommendation can include termination of the Commission if a majority of the Commission and the Community Supervisor agree that the goals and objectives of the Commission have been met and satisfied. Regular Session of the Town Council 11/2/00 Page 12 of 16 Mayor Morgan made the following changes: Section 4 — Review. The Community Center Advisory Commission will operate on a year-to-year basis. • The Commission and Community Center Noro Director will determine if the duties remain relevant and pertinent to the goals and objectives of the facility and make a recommendation to the Council. €o11o:.+ing The recommendation can include termination of the Commission if a majorette of the Commission and the Community igkipemaioef Director agree that the goals and objectives of the Commission have been met and satisfied. Mr. Nordin read Section 4 with the changes. Mr. Nordin asked if the Mayor was amending the motion as just read. Mayor Morgan said yes and Vice Mayor Hutcheson said she had seconded the amendment. The amendment CARRIED on a vote of 6 -1. Councilwoman Fraverd cast the nay vote. Mayor Morgan called for the vote on the original motion as amended. A roll call vote was taken with the following results. Councilwoman Fraverd aye Councilman Kavanagh - nay Councilwoman Ralphe— aye Councilman Wyman nay Councilman McNeill - aye Vice Mayor Hutcheson - aye Mayor Morgan - nay The motion CARRIED on a vote of 4-3. Mayor Morgan called for a five-minute recess at 8:29 p.m. and resumed the regular session at 8:34 p.m. AGENDA ITEM#9 PUBLIC HEARING ON A SPECIAL USE PERMIT TO PERMIT THE SALE OF CLOSED CONTAINERS OF ALCOHOL TO THE PUBLIC IN A "TOWN CENTER COMMERCIAL ZONING DISTRICT", TO BE LOCATED AT 12645 N. SAGUARO BOULEVARD, AKA THE PLAZA FOUNTAINSIDE, CASE NUMBER SU2000-06. 4610 Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 8:35 p.m. Planner Dana Burkhardt reviewed that this was the first application that had been received for the requirement of a special use permit for liquor sales in the Town Center Commercial Zoning District. He stated that staff felt that this was a very good use in this zoning district. As presented by the applicant staff was recommending approval with the stipulation that the Planning and Zoning Commission had added to require that only wine be sold. Mr. Burkhardt confirmed that staff had an agreement from the applicant that would be adhered to. Mayor Morgan reconvened the regular session at 8:37 p.m. AGENDA ITEM#10 CONSIDERATION OF A SPECIAL USE PERMIT TO PERMIT THE SALE OF CLOSED CONTAINERS OF ALCOHOL TO THE PUBLIC IN A "TOWN CENTER COMMERCIAL ZONING DISTRICT", TO BE LOCATED AT 12645 N. SAGUARO BOULEVARD, AKA THE PLAZA FOUNTAINSIDE,CASE NUMBER SU2000-06. Councilman Wyman MOVED to approve the Special Use Permit as presented and Councilman Kavanagh SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#11 PUBLIC HEARING ON A SPECIAL USE PERMIT TO PERMIT OUTDOOR AUTOMOBILE STORAGE IN A "C-3 GENERAL COMMERCIAL ZONING DISTRICT", TO BE LOCATED AT 16932 E. COLONY DRIVE, CASE NUMBER SU2000-08. Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 8:39 p.m. Planner Dana Burkhardt reviewed that staff had received a special use permit request for temporary vehicle storage facility on Colony Drive. He said that the partial owner of the Finishing Touch Auto Body was the full owner of this particular lot had applied for this application because there was an overabundance of vehicles under repair at his Regular Session of the Town Council 11/2/00 Page 13 of 16 shop that were stored out on the street throughout the repair process. He confirmed that had been an issue with the Marshals Department and the Community Development Department. He explained that the applicant had applied for approved storage for these vehicles in order to conform to the ordinance. Mr. Burkhardt reviewed the minor modifications made to the site plan. Mr. Burkhardt noted that the Planning and Zoning Commission had stipulated that the debris be removed from the alley way and the two large trash receptacles be removed from the Town's right-of-way and stored in an approved location prior to issuance of the special use permit, in addition to the other five stipulations. He stated that staff recommended approval with the stipulations as presented. Mr. Nordin asked Mr. Burkhardt to explain the relationship between the outlined disturbance area and a building permit that would yet be issued. After Mr. Burkhardt's explanation Mr. Nordin stated he did not have a concern. Glen Roberts, property owner/applicant He questioned the legal requirement that the Finishing Touch Body Shop dumpsters should be stored on a separately owned lot. He said he would be happy to move the dumpsters. He noted that the alley had never been graded and the dumpsters had been there since 1986. He agreed the area needed to be cleaned up. Mr. Nordin said it was his understanding that the Special Use Permit, if granted, that the conditions would go with the property and would not expire if the property were to be sold. Mr. Burkhardt said the special use permit would remain with the property if sold. He said the stipulations were written that prior to the issuance of the special use permit the property owner must have those containers stored at an approved location. Staff did not care at which location as long as they were removed from the Town's right-of-way. He said they posed a serious health/safety issue because of their current location. Mr. Robert said he would be more than happy to move the receptacles to the suggested location. He questioned what would happen if the lot was sold and the new owner wanted to fence it off and applied for a special use permit. Would the Town require the new property owner to make room for the Finishing Touch's dumpsters? He did not think should be a requirement to issuance of this Special Use Permit. He reiterated that he was more than happy to move the dumpsters and would probably move them to the proposed location. He did question the need to move Lthem since they had been there since 1986 unless the Town had some plans to grade the alley, which had never been done. He pointed out that the alley had never been used. Mr. Burkhardt explained that there was an active sewer line located there as well as active SRP utilities, which would require access in the alley. He acknowledged that the Town was not looking to abandon that alley. Mr. Ward asked who was requiring the relocation of the dumpsters. Mr. Burkhardt responded that the Community Development Department, with support from the Engineering Department, wanted to keep the right-of-way clear. Mr. Ward asked for clarification that Community Development was asking the applicant to take the existing dumpsters from the lot that he now occupies and relocate them to another lot. Mr. Burkhardt said that staff was requesting that the applicant store them off the Town's right-of-way and in an approved location. Mr. Ward questioned whether or not the applicant had the ability to put them on the existing lot. Mr. Ward said he thought the applicant did. Mr. Ward acknowledged that staff was trying to clean up the alleyway to make it look better. Mr. Nordin said a future property owner could address the issue through the Town Attorney or through staff and he suggested that discussion could take place at a later time if it was necessary at all. Mayor Morgan asked the applicant to clarify his situation. Mr. Roberts stated that he did not want to see any legal ties between this lot, which was a sole and separate property owned by him, to the Finishing Touch property, which was owned by a partnership. He did not want any legal ties between the two properties. He did not want any legal ramifications to come to light at a future date. Mayor Morgan said she could understand his concern. Mr. Roberts again said he would move the dumpsters to an approved location. Councilman Wyman said if the applicant agreed to move the dumpsters, it appeared to be a non-issue. He asked why the Council was discussing it. Councilman Wyman said if there were conflicting stipulations here the Council did not have the proper information before them to make a judgment. Councilman Kavanagh asked if the Town could enforce the relocation of any dumpster in that right-of-way using the regular ordinances as opposed to making it a stipulation to the issuance of this special use permit. Mr. Nordin Regular Session of the Town Council 11/2/00 Page 14 of 16 replied yes. Councilman Kavanagh asked if the Council approved the special use permit could the Town still enforce the proper relocation of the dumpsters and thereby remove the stipulation that required the Finishing Touch Body Shop's dumpsters to be relocated to the other legally separated lot. Mr. Nordin stated that he had been present when Mr. Burkhardt posed that question to Mr. Farrell. Mr. Nordin repeated Mr. Farrell's thought that it would be an additional control for the Town. Mr. Nordin felt certain that Mr. Farrell would recommend inclusion of the stipulation. Councilman Kavanagh asked if the issue of linking the two lots together had been raised. Mr. Nordin said it had and suggested a two-week continuance since Mr. Farrell was not present to address the Council more fully on this issue. Mr. Nordin said his suggestion to continue this issue was an inappropriate since the Council was still in the public hearing. Mayor Morgan again asked if present Town ordinances or codes could regulate the relocation of the dumpsters. Mr. Burkhardt answered that two building permits had been approved for this structure since incorporation and none of them had required the dumpsters to be relocated at an approved site. He explained that staff now had the opportunity to remove the dumpsters from the right-of-way. Mr. Burkhardt said it would have been grandfathered now if the applicant had not applied for the special use permit. Since staff had not required the dumpsters to be removed at the time the prior building permits were issued, this was the last opportunity for staff to enforce compliance prior to the applicant pulling another building permit. Vice Mayor Hutcheson questioned whether or not as long as the receptacles were enclosed staff would not care where the dumpsters were located. Mr. Burkhardt said that was correct as long as the dumpsters were located on the applicant's property. Vice Mayor Hutcheson asked if the applicant's position was one that he did not want to be told where to relocate the dumpster on his property. He would be more than happy to remove the dumpsters from the Town's right-of-way. Mr. Burkhardt agreed that was correct. Councilman McNeill said he was also confused by the stipulations. He did not see a burden being placed on any future property owner. This was only to have the receptacles removed from the alley. Mr. Burkhardt agreed with Councilman McNeill's conclusion. Councilman Kavanagh asked the applicant if a two-week delay would cause any problems. Mr. Roberts said no. Councilman Kavanagh stated that perhaps this matter could be quickly resolved at the next Council meeting once the applicant met with the Town Attorney and Community Development Director upon their return. Mayor Morgan reconvened the regular session at 8:59 p.m. AGENDA ITEM#12 CONSIDERATION OF A SPECIAL USE PERMIT TO PERMIT OUTDOOR AUTOMOBILE STORAGE IN A "C-3 GENERAL COMMERCIAL ZONING DISTRICT", TO BE LOCATED AT 16932 E. COLONY DRIVE, CASE NUMBER SU2000-08. Councilman Kavanagh MOVED to continue this issue for two weeks until the November 16th Town Council meeting and Councilman McNeill SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#13 CALL TO THE PUBLIC. No one came forward. AGENDA ITEM#14 ADJOURNMENT. Councilman Kavanagh MOVED to adjourn the meeting and Councilwoman Ralphe SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 9:00 p.m. TOWN OF F UNTAIN HILLS By Sharon Morgan,Ma or Regular Session of the Town Council 11/2/00 Page 15 of 16 ATTEST: 041411A-A— Cassie B. Hansen, Director of Administration/Town Clerk PREPARED BY: /6-Z Bev Bender,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills on the 2'd day of November 2000. I further certify that the meeting was duly called and that a quorum was present. DATED this 16th day of November 2000. ritA/LtA Cassie B. Hansen, Director of Administration/Town Clerk Regular Session of the Town Council 11/2/00 Page 16 of 16