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HomeMy WebLinkAbout2004.1021.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL October 21,2004 AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38- 431.03.A1, FOR DISCUSSION OR CONSULTATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT, WITH THE EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THE DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY SHALL PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH WRITTEN NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN TWENTY-FOUR HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER THE DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING. (SPECIFICALLY, THE TOWN MANAGER'S EVALUATION FOLLOW-UP.); AND (ii) PURSUANT TO A.R.S. 38-431-03.A.4, FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION, (SPECIFICALLY, KNAPP VS. TOWN OF FOUNTAIN HILLS LAWSUIT.) Councilman Archambault MOVED to convene the Executive Session and Councilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6 to 0). Mayor Nichols recessed the Executive Session at 6:10 p.m. AGENDA ITEM#2-RETURN TO REGULAR SESSION Mayor Nichols reconvened the Regular Session at 6:30 p.m. ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Vice Mayor Archambault, Mayor Nichols, Councilman Kavanagh, Councilman Kehe, Councilwoman Nicola, and Councilman McMahan. Town Attorney Andrew McGuire, Assistant Town Attorney Carolyn Oberholtzer, Town Manager Tim Pickering, Town Clerk Bev Bender, Parks and Recreation Director Mark Mayer, and Senior Planner Dana Burkhardt were also present. Councilman Schlum was not present at the meeting. CALL TO THE PUBLIC Town Clerk Bev Bender stated that Mr. Jeff Esslinger had requested five minutes to speak to the Council on behalf of 68 homeowners. Jeff Esslinger, 17025 E. La Montana#109 Mr. Esslinger addressed the Council and said he was a homeowner at Bella Lago and was speaking on behalf of 68 Bella Lago community members. He stated that the residents were requesting that the Council amend the Town's Fire Code because all of the 68 units in Bella Lago were initially constructed with built-in natural gas barbeques by the developer. Over the past four years, all of the units had been approved by the Town from initial permitting to ultimate Certificate of Occupancy through many different inspectors. Due to E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 1 of 22 improper builder installation of the built-in gas grills, one of the most recently constructed units in the community had a fire on the patio a few months ago. Immediately after the patio fire, the community was tkir told that the developer installed barbeques were all against code and "had to go." Since then, the community had been working back and forth with the Town,the Fire Marshal. and their builder to find a way to keep the barbeques. Information on which to base amending the Fire Code was that many states, counties and municipalities across the nation had made amendments relating to this very matter to their adopted 2003 International Fire Code in the very recent past. Mr. Esslinger further stated that research revealed this was an up and coming issue that needed amending in many areas and said their amendments called for an exception to allow built-in natural gas barbeques under a patio cover and on balconies as long as they were installed at least 18" from combustible material or less if manufacturer's specifications allowed and the Fire Marshal/Fire Chief approved the inspection. He said that he had also spoken with Fire Marshals across the Valley, including Dave Ott, Fountain Hills' Fire Marshal, and at the time of initial conversations, none of them were aware that others had amended the 2003 International Fire Code instead of adopting it outright. He added that everyone appeared interested in finding out this information for themselves and bringing it to the attention of their cities for possible amendment. He noted that community members had spoken with Peter Johnson, Tom Ward, and Dave Ott and Mr. Ott confirmed in a telephone conversation today that it was his opinion that all of the built-in barbeques could be allowed to remain installed with safety modifications completed for units that might need them following a safety inspection of each barbeque grill unit. Mr. Ott said that they were already working on what an amendment could look like for the Town of Fountain Hills. Mr. Esslinger listed the various states that had already made modifications to the Fire Code and indicated his willingness to provide detailed results of their research if they so requested. He said that following the extensive research they believed the best amendment was from the Minnesota State Fire Marshall Division, which read directly as follows: "Exception: Listed electric or gas-fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides unless listed for lesser clearances, may be installed on balconies and patios when approved by the chief." Mr. Esslinger said the Council's understanding and quick response to their request for an amendment was greatly appreciated. He added that community members had been through quite an ordeal in the past few months with the fear that they might lose a portion of the life style they wanted and were promised when they moved to Bella Lago. He thanked the Council for their consideration and involvement in this process. Mark Soden, 8211 S. 48th Street,Phoenix Mr. Soden stated that he was a Senior Associate.with Stantec Consulting and his purpose for being at the meeting was to ask the Council for their help in resolving an issue related to the Town Hall project. He said that he provided landscape design services to the Town from April 15th through June 2, 2004, and he had not yet received payment for those services. He informed the Council that on March 26th he received an e-mail from Don Thumith, project manager for the Town, stating, "Tim Pickering has expressed a desire for you to be involved in the landscape design process for our new Town Hall." He added that the Town, the contractor, nor the architect had any idea of what the budget and scope of the work would be or who he would contract with. He said that by the time they figured that out, about two months later, he had already done a lot of work. He stated that he learned that the scope of the work had changed and all of the work he had done had to be completely redone. Lir Mr. Soden gave as an example that on March 26, Don Thumith asked him to enter into contract negotiations with the Smith Group, the architect for the project. He stated that on April 2nd the Smith Group turned around and said, "No, you need to contract with the consultant that's doing design work for Avenue of the E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 2 of 22 Fountains." He added that on April 15th he submitted an "estimate of probable construction costs and a design fee"and on April 16th, Mr. Pickering suggested that perhaps he could contract directly with the Town. He said he received an e-mail from Mr. Thumith that said Mr. Pickering was thinking of dealing directly with him because the fee was less than $25,000 and he said, "he could approve small contracts relatively easily." On April 23rd Don Thumith then stated that his contract should be with Holder Construction and Holder Construction told him to go back to the architect, the Smith Group. He noted that in the interim he was performing work in good faith and on May 4`h he prepared a schematic design plan, a copy of which was included in his exhibit. He added that on May 5th he attended the first OAC meeting and noted that the minutes he provided stated, "Mark Soden is requested to attend all future OAC meetings." On May 18th he presented a revised schematic design plan to Tim Pickering for Avenue of the Fountains. He thanked the Council for their time. Mayor Nichols thanked the speakers for their comments. Councilman Kavanagh requested that staff prepare and submit a report on the issue concerning the barbeques for possible action by the Council at a future meeting. Mr. Pickering reported that staff was already working on this matter. Councilman Kavanagh also requested copies of any contracts that they might have signed with the previous speaker and information on the work that he produced. Mr. Pickering said that staff would obtain that information as quickly as possible. Councilwoman Nicola also requested that staff contact the Building Safety Department and ask them whether they were aware of others that might also be affected by this, both single and multi-family homes. Mr. Pickering stated that staff would follow up on her suggestion. CONSENT AGENDA AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF F OCTOBER 7z 2004. AGENDA ITEM # 2 — CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR "DESERT DOS CONDOMINIUM," A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 13005 N. MIMOSA DRIVE, AKA FINAL PLAT NO. 601-A, BLOCK 3, LOT 30. CASE NUMBER S2004-20. AGENDA ITEM #3 — CONSIDERATION OF APPROVING AN AMENDMENT TO THE ANNUAL WASH CLEAN UP CONTRACT. AGENDA ITEM#4— CONSIDERATION OF APPROVING AN AMENDMENT TO THE ANNUAL EMULSION CONTRACT. Councilman McMahan MOVED to approve the Consent Agenda as read and Vice Mayor Archambault SECONDED the motion. A roll call vote was taken with the following results: Councilwoman Nicola Aye Mayor Nichols Aye Councilman Kavanagh Aye Councilman Schlum Absent Councilman Kehe Aye Councilman McMahan Aye Vice Mayor Archambault Aye The motion CARRIED UNANIMOUSLY by those present(6 to 0). E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 3 of 22 ACTION AGENDA: ,, AGENDA ITEM # 5 — CONSIDERATION OF A TEMPORARY USE PERMIT TO ALLOW OUTDOOR RETAIL SALES AND SIMILAR OUTDOOR ACTIVITIES ON EACH TUESDAY FROM 9:00 A.M. TO 5:00 P.M., FOR A PERIOD OF NOT TO EXCEED 50 ONE-DAY EVENTS, BEGINNING OCTOBER 26, 2004, LOCATED AT 12625 & 12645 N. SAGUARO BLVD., AKA LOTS 1 & 2 OF THE PLAZA FOUNTAINSIDE FINAL PLAT, CASE#TU2004-09 Senior Planner Dana Burkhardt addressed the Council regarding this agenda item and said a majority of the Councilmembers were familiar with this request for outdoor retail sales or farmer's market (similar type activities) on the site of Plaza Fountainside property, existing vacant lots 1 and 2 off of El Lago Boulevard. He stated that this same request has come forward the past two years for outdoor retail sales to take place on each Tuesday from approximately 10 a.m. to 3 or 4 p.m. and said temporary use permits were issued. He stated the opinion that the process had been relatively successful and said he understood that the Council might have some concerns regarding the event. He noted that staff recommended approval since the request was consistent with prior temporary use permits on that site. He added that staff acknowledged that the area was developing and a building permit application had been received for this particular site but the developer had indicated that they could move ahead with the activities. Councilman Kavanagh said he believed that a question was raised about the section behind the stores, a requirement that the property owners file his or her willingness to allow the activities to occur. Mr. Burkhardt confirmed that the owners of Lots 1,2 and 3 had provided written permission. Frank Ferrara, Chamber of Commerce Mr. Ferrara announced that as of this morning he was the President and Chief Executive Officer of the Chamber and explained that a number of title changes had taken place. He said he was there to speak on behalf of the 550 members of the Chamber but more particularly he was there to represent the retail merchants who had expressed concern about this particular activity. He emphasized that they had no concerns regarding a farmer's market and in fact they welcomed one. He explained that the concerns centered around the retail sales portion and said they felt that they were being unjustly treated when the Town allowed retail sales other than food items to be sold by outsiders (people who were not in business in Fountain Hills). He stated the opinion that the playing field was not level and for 52 weeks merchandise was being sold that competed with the Town's very precarious and small retail establishment. He said they recommended that the Council not allow retail sales but allow a farmer's market where food items could be sold. Councilman Kavanagh MOVED that they grant the permit subject to the stipulations that Town staff had so noted in the report and that they also apply the same restrictions they applied on the Town facilitated flea market that they approved at the last Council meeting, that it be farm produce, fresh produce, vegetables, flowers, home made breads,pies,jams, nuts, similar food items, food vendors and an entertainment venue. He stated the opinion that this would allow for a more level playing field and at the same time would protect the Town's stores that sell non-farm merchandise. Councilman McMahan SECONDED the motion. Councilwoman Nicola said that she would not be able to vote in support of the motion in the form it had been proposed because although she did respect what Mr. Ferrara said, she remembered that there were local retail sales people who were operating booths and selling non-food items, for example The Pedestal Place. She stated that she would prefer that they approve it as requested and supported by staff and have staff work with the market to address some of the concerns that had been relayed in an effort to "tighten it up." She noted they were approaching the holiday season and said there were many craft items that she witnessed people buying. She added that she would not support the motion but she would support it in the form presented to them by staff. E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 4 of 22 Vice Mayor Archambault asked whether any official letters of complaint had been received and Mr. Burkhardt said the only communication they received was a fax from an unidentified individual and added that it was a letter against it but not a formal protest. The Vice Mayor asked whether they could restrict it that far and Town Attorney Andrew McGuire responded that the ordinance did not contain anything that talked about the uses. He said a temporary use permit was actually an outdoor retail sales permit and it differed a little from a farmer's market, which implied produce, farm goods etc. He noted that this was actually a request for outdoor retail sales. Councilman Kavanagh pointed out that this was initially promoted as a farmer's market and that was why the Council approved it. He said everyone was looking forward to fresh fruit and vegetables but once it got started there was minimal produce and it went from a craft show to a very dismal event with people selling satellite dishes, toiletries, etc., not items that Fountain Hills was all about. He added that aesthetically, because of the lack of controls over what was being sold, it negatively impacted the Town. He said he was upset that the many local merchants who were going to participate never materialized and expressed the opinion that it was unfair to say to the Town's retail store owners who were paying rent or property tax, insurance, and hiring residents to work in their establishments, that the Town was going to let somebody come in, pay $10 for a table and be basically able to compete with them one day a week. He added the opinion that this was one way to destroy local businesses that reported lower sales revenue on those days. Councilman Kavanagh said he believed that the permit the Council facilitated last Thursday night had reasonable restrictions and this activity should also be required to follow those same restrictions to protect local businesses and for aesthetic purposes as well. Councilman McMahan concurred with Councilman Kavanagh and said the market was intended to draw traffic to Plaza Fountainside and to a degree that was accomplished. He added, however, that last year it began to deteriorate into more of a Park `n Swap with no local merchant participation. r Councilman Kehe asked whether there were any petitioners present at the meeting and no one came forward. Mayor Nichols commented that when this market was originally set up two years ago, it was set up as a farmer's market and three different farms sold fresh fruit and vegetables. He added they also sold fish and baked goods and it was a wonderful place to be. He agreed that last year the activities changed and it wound up becoming a flea market, an extension of the Greyhound Dog Park down by the airport, selling used goods and other types of items that did not fit the character of the Town. He said he took the liberty of talking with several of the merchants in Plaza Fountainside last week and they reported that they did not receive any additional business last year as a result of the vendors. He stated that he could support the motion that Councilman Kavanagh has suggested with the stipulation that it be a farmer's market with fruits, vegetables, and flowers. He added that he would like to see that happen but did not want to see another flea market. Councilwoman Nicola noted that last year the Council approved a temporary use permit for the outdoor retail sales and did not place any stipulations on it. She said they did not know whether the applicants were ever made aware of the fact that this item was taken off of the consent agenda for discussion and said no applicants were present at this time to speak to the issue. She stated that if they approved it as amended by Councilman Kavanagh, the applicants might not even be interested in moving forward. She suggested that the Council table this item for a few weeks and attempt to come to a better meeting of the minds rather than approving something that might not even be workable for the applicant. The Mayor asked if she was making a formal motion to table the item at this time and she responded in the affirmative. Councilwoman Nicola MOVED that consideration of this agenda item be tabled to a future Council meeting. Vice Mayor Archambault SECONDED the motion. Mr. McGuire advised that discussion regarding the propriety of tabling the motion would be allowed at this time. E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 5 of 22 Councilman Kavanagh said he didn't see any difference because if the applicant was present and he said he wanted to run it like a flea market and would not abide by the restrictions, he would vote no and if he said he was willing to go by the same restrictions that we placed on the other use permit, he would support the request. He stated that he could not see the advantage in delaying action on this item. Vice Mayor Archambault commented that he seconded the motion to table this item because he believed the Chamber of Commerce should be held to a higher standard and rather than present their complaints at the last minute at a meeting the way Mr. Ferrara had, they should have been professional and filed an official protest from its members for the Council to review. The Mayor called for a vote on tabling the motion. A roll call vote was taken with the following results: Councilman Schlum Absent Councilwoman Nicola Aye Councilman Kehe Aye Councilman McMahan Nay Mayor Nichols Nay Councilman Kavanagh Nay Vice Mayor Archambault Aye Councilman Kehe requested that the motion be restated because he might have voted the wrong way. Ms. Bender advised that the motion was to table the item. Mayor Nichols requested that they redo the roll call on the motion to table this item to a future meeting. (1109 Councilman McMahan Nay Councilman Schlum Absent Councilman Kehe Nay Vice Mayor Archambault Aye Councilman Kavanagh Nay Councilwoman Nicola Aye Mayor Nichols Nay The motion failed for lack of a majority vote (2 to 4). Mayor Nichols stated that they would now go back to the original motion. Councilman Kehe said in the interest of fairness he would like to know whether the applicant was advised that this item was removed from the consent agenda. Mr. Burkhardt advised that the applicant was aware of that fact. Councilman Kehe asked whether there was "more here than meets the eye" and asked Mr. Pickering to provide input. Mr. Pickering responded that the only additional input he had to offer was that he was told by local businesses trying to bring in bus tours that they did want to come to Fountain Hills because of the farmer's market at that location. He said he had listened to the different disagreements and complaints from some residents that the activity was not a farmer's market. He noted that he did not have any personal discussions with the individual owner or the operator of the farmer's market. Mayor Nichols pointed out that the Council received a petition signed by 35 residents complaining about the quality and type of products that were being sold and they were very much against continuing that type of activity. E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 6 of 22 Mr. Pickering, responding to a question from Councilwoman Nicola, stated that all of the businesses that Lite sold were required to obtain business licenses and they typically listed the type of business they were and the items they would sell. He added that the restrictions discussed this evening would be fairly easy to enforce. Vice Mayor Archambault asked if they obtained business licenses whether they were then a Fountain Hills' business and Mr. Pickering responded that they were. Councilman Kavanagh said that he wouldn't call vendors who did not pay rent or property taxes or employ local residents a "Fountain Hills business," but rather cheap competition which undercut and undermine the Town's own businesses and gave unfair advantages to outsiders. Councilwoman Nicola stated that in an effort not to offend those people, she would call them "capitalists" and asked the Mayor to call the question. Mayor Nichols called the question. Ms. Bender restated the motion. (See above.) A roll call vote was taken with the following results: Councilman Kehe Aye Mayor Nichols Aye Councilman McMahan Aye Councilwoman Nicola Nay Vice Mayor Archambault Nay Councilman Kavanagh Aye Councilman Schlum Absent The motion CARRIED by majority vote(4 to 2). AGENDA ITEM #6 — CONSIDERATION OF THE SKATE PARK FEASIBILITY STUDY PREPARED BY SITE DESIGN GROUP,INC.,WITH POSSIBLE DIRECTION TO STAFF. Director of Parks & Recreation Mark Mayer introduced two members from the Site Design Group, Inc. Brad Solesky, who was the project manager and Amy Brogan. He said they were the two people who put the feasibility study together. He noted the long history of this issue and said he inherited it in 2001 when he joined the Town. He said that the Parks & Recreation Commission had been committed to this project since 1999. He stated that although many things had changed since that time, he believed the level of commitment remained strong among residents and children interested in having the project move forward. He commented that when skate parks were first being developed, he thought they might just be a "fad" but said that skateboarding was a sport that was not confined to the very young and interest in it was stronger than ever. He noted that a citizen group had been putting forth a grass roots effort in support of the project and they had demonstrated a willingness to work with the Town in forming a nucleus of a skate park as well as raising additional dollars should that be warranted. Mr. Mayer advised that at a meeting held approximately two months ago, the Council asked for two things: in the process of hiring a consultant they were seeking information on two important topics,the type of skate park that could eventually be built (the design) and the most suitable site for the park. He said in the interest of time and money staff looked at the existing four park sites and the Kiwanis site for a total of five potential locations. Dick Schmidt, Chairman of the Parks & Recreation Commission, addressed the Council and said the members had appeared before the Council many times to speak on this issue. He stated that many months ago they were requested to come up with a site and a general design and to then talk with consultants to "firm" the plans up. He added that the Commission had done exactly what they were asked to do and said a number of meetings had been held with the Parks & Recreation staff, the Parks & Recreation Commission, E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 7 of 22 and members of the community. He reported that at a meeting held two months ago, the Parks & Recreation Commission accepted the presentation that would be given this evening. He said that following the presentation, he would be happy to respond to any questions the members might have. Amy Brogan addressed the Council and said that first she would like to talk about the different sites that they looked at and the pros and cons associated with each site. She noted that they looked at Fountain Park, Kiwanis Park, Four Peaks Neighborhood Park, Golden Eagle Park and Desert Vista Neighborhood Park. She provided the Council with the following findings: Fountain Hills Park Cons: Grading of park was hilly and dotted with vegetation. This grading provided for a berm that separated the park from the roadway. To level this grade might threaten the mood of the park especially since the park was located on Saguaro, which was a minor arterial or classified as a high volume roadway. The site was also unusable due to the nature of its function, that being to serve the community as a passive park. A skate park was a very active facility and would not blend well in a passive setting. The addition of this facility would pose a threat to overdevelopment and over use of the park and it was unlikely that a sizeable area would be available within this site for construction of a skate park. Therefore, in favor of preserving the sustainability and quality of this park, the addition of a skate park was not recommended at this location. There was also very limited parking at the site and no space to construct additional spaces. Pros: A number of amenities already existed, water fountains, restrooms, and shaded spaces. In regards to safety, there was activity from other facilities at the park and this would provide some eyes within to monitor behavior in the park. Regarding access, sidewalks existed for users arriving on foot and the site had a central location, which would fare well as the skate park would be a community facility. Kiwanis Park Cons: The main problem with this park was the cost that would be incurred for the construction of a skate park facility. The existing slab could not be used due to the size and the surface and therefore the slab would have to be demolished and re-poured. As the skate park would be located on the present parking lot, the building on this site would also have to be demolished to provide for necessary parking. On the back side of the park a ravine exists that is steep and brush covered and most likely would be explored by some of the users of the park, opening the park up to potential problems as far as injury from accessing the ravine as well as unwanted or undesirable activities in this area. The ravine also blocks site lines into the park and the park would only be open to surveillance from outside the area from one side of the park, which was a concern since open site lines were a major factor in keeping the activity within the park desirable. Pros: Good location off of Saguaro that provided sufficient access to the park yet did not pose a threat to children using the park as it would if it were located directed on the street. Some lighting exists within the park as well as seating in shaded areas. There were sidewalks present for access on foot and the adjacent land use as mainly commercial and utility, which would alleviate some of the noise concerns that had been raised. Four Peaks Neighborhood Park Cons: E:\BBender\Documents\Current Minutes 2004\10-2I-04.minutes Page 8 of 22 The cons here were more complicated than at the other sites. The site was located on land that was acquired from the Fountain Hills Unified School District, which in accordance with the Town's General Plan to strengthen the partnerships between the Town and the School District, an intergovernmental agreement was maintained allowing each agency to utilize the others' facility at no cost. Therefore, the students of the elementary school utilized the park during school hours. This opened both the school and the Parks Department up to potential law suits were a child to be injured in the park during school hours. To avoid such a situation, the skate facility would either need to be closed during school hours or be provided constant staff supervision. If the park were closed during school hours, the park would need to be patrolled and fenced in a manner to restrict its use. Either solution would add a significant amount to the initial cost as well as the yearly operational costs. Besides financial impacts,this also reduced park usage. Many surrounding neighbors were adamantly opposed to the idea and had attended public meetings in addition to signing a petition in opposition to the project. The site was located in a neighborhood park with close proximity to the residents. The activity would be better suited in an active community park versus this residential area. In addition, there was very limited visibility into the area from outside of the park and the park was bordered by a heavy area of brush on one side, which sits high above the roadway on another side and then across the park on a third side. There was only visibility from the elementary school parking lot and the basketball court that lies between the area and the parking lot obstructed even this visibility. Without good site lines, the area lent itself to the potential for undesirable behavior and resulted in safety concerns for area residents and users of the park. The only way to observe this park would be for the police to enter the park, get out of their ears, and proceed to the facility on foot. There appeared to be very limited parking for the many activities occurring at that location and would force some to park on the surrounding streets, which were limited collectors that provided less space for parking. This might lead to possible traffic congestion. No space existed for additional parking. She said that with this many negative factors, they believed this site would not be well suited for a skate park. cliw Pros: The proximity of the site to the elementary school and the Boys & Girls Club would provide easy accessibility for many youths in the area. A sizeable area existed within the park in close proximity to water, restrooms, public phone, and lights. The site also provided the facility with many eyes from the other activity in the park. Golden Eagle Park Cons: Initially the biggest problem at this park was the size of the site, which would limit the design of the park and its sole use by skateboards. Because there had been interest in a joint use facility (used by boards and bikes) this site would not be viable. League activity created some traffic congestion and there was no room for additional parking. Golden Eagle was located on a minor arterial that was classified as a minor parkway or high volume roadway. This might pose a threat to children accessing the park on foot or unsupervised. This park was highly developed and with the addition of another recreational facility there was a threat that the park would be over developed. Pros: Site lines to the site were open and provided for good surveillance into the site. The site also contained necessary amenities including water, lights, shade seating, and restrooms. There was also a lot of activity in the park, which provided for better surveillance within the park. Desert Vista Neighborhood Park Cons: E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 9 of 22 The main issue to be addressed at this site was the need for infrastructure in the park, which was undeveloped at this point with only a dog park in existence. Water fountains, restrooms, public phones, seating and shade would need to be constructed at some point and many of these amenities had been proposed for future phases of the park. Although a concern was expressed that this site was too far for many users to travel, it appeared that the park was within two miles of area schools. Pros: The site was a sizeable area in an undeveloped park open to phasing the community combination park. Many of the needed amenities had been proposed in future phases of the master plan for this park. The park was large enough to be jointly used by boards and bikes and the site was located in a prime location as far as traffic, off of Saguaro, which allowed good access by car but was also safer for pedestrians traveling on foot. The park was mainly surrounded by community use and there would probably be fewer objections from the neighbors. The berm that was located on one of the corners on the side would provide for a unique design of the park and would not have to be leveled as it would be incorporated into the design and no additional costs would result. Ms. Brogan stated that the Site Design Group, Inc. recommended that they approve Desert Vista Neighborhood Park as the site for the Fountain Hills Skate Park. She added that it met the needs of the users by constructing a multi-use combination park. She said their design recommendation would be to use concrete and construct and in-ground park. The design phase would begin with the remaining $56,000 in the design budget and phase the park so that construction could begin upon approval of the design. Mr. Solesky addressed the Council and said now that they had recommended where the actual park would be, he would talk about the actual skate park itself. He said their recommendation was that they build a skate park approximately 15,000 square feet in size, concrete in-ground, a combination of both street and flow, dual use for both bikes and skateboards and phase the project in order to gain a bigger park. He discussed the transitional or flow areas of the park and referred to slides that depicted skate parks his company had already done. He discussed phasing of the project and said phase one would consist of street skating. He explained that youths do skate on the stairs in front of Town Hall, handrails, ledges, etc., and said after extensive research in major cities, his company had learned to recreate skate parks that would keep the youths off the street and allow them to skate in the parks. Mr. Solesky stated that they were proposing a combination of both street and flow for Fountain Hills. He added that one of the first parks they were involved in that combined skateboarding with BMX was in Oklahoma City, where they separated the different types of skating and noted the transitional areas included in the design. He advised that a park for Glendale, Arizona, was going out to bid next month and would be built sometime within the next year. He noted that the park would allow both skateboard and BMX and the uses had been separated. He said that phase one would include the street area and phase two; when funds were available, would consist of add on bowls or transitional aspects of the park. He recommended that the Town expend efforts to generate funds for the second phase of the project later. Councilwoman Nicola said she did not understand how the combination of skateboard and BMX worked and asked why they did not run over each other. Mr. Solesky responded that they did, the users needed to learn how to ride the park and take turns. He stated that some cities had separated uses by managing the times (Tuesdays and Thursdays from 4 to 8; BMX only no skate and vice versa). Councilman Kavanagh asked whether the park they were designing for Fountain Hills, once it had gone through all the phases, would permit both uses at the same time but in different sections. Mr. Solesky responded that both skaters and BMX riders would ride the same props but in different ways. He said it was up to the Town to decide whether they wanted to have the activities occur at different times or on different days. He confirmed that the first phase, the street phase, would be in the far upper corner of the park so that E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 10 of 22 if for any reason the Town decided not to proceed with the second phase there would not be a skate park in the middle that would render areas around it unusable. Lir Vice Mayor Archambault asked how they would prevent the BMX pegs from digging in and Mr. Solesky stated that they added more steel to the park. Typically for a skate only park they used two by two inch square coping on all ledges and two inch round on all transitional aspects. He added that they would add four to six inch plates,eight inches thick, on both the top and the side of the ledges to help minimize bike damage. Mr. Pickering commented that looking through the consultant's other projects he noticed a large disparity between the budget and the square footage and asked what determined the large difference in cost. Mr. Solesky responded that some parks were part of a master plan, not just a skate park, and were bid as a lump sum. Others were built as just a skate park. He said that over the last five years the company had been in existence, skate parks were built at $10 to $12 a square foot but due to the increased cost of concrete and steel that price was up around the$20 to$25 range. Mayor Nichols asked why the consultant was recommending an in-ground facility opposed to an above- ground facility and Mr. Solesky stated that at the meeting they had two months ago the users were asked which they would prefer and they unanimously supported a 100% concrete in-ground facility. He said that 30 to 40 users attended the meeting. The Mayor asked how many users were between the ages of 5 and 18 years of age and how many skateboard users resided in Fountain Hills. Mr. Solesky did not have the answers to those questions. Mayor Nichols asked why they were recommending a 15,000 square foot bowl and Mr. Solesky said because they were going to provide both skateboarding and BMX. Mr. Solesky stated that the park would be crowded a majority of the time with 100+ people based on experience and the Mayor pointed out that a majority of those parks were built in large cities. He questioned why the consultant was recommending that large a facility without the demographics to back it up. Mr. Solesky advised that his company had also done parks in Wickenburg and other small towns and they were still overcrowded. Councilman Kavanagh asked whether they intended to build the entire 15,000 square feet on day one and Mr. Solesky responded that at the meeting the users indicated they would like at least half and half, street and transitional, around 7,000 square feet. He confirmed that they would build the first half and if they did not have anticipated use, they would not be committed to going further. He said they could get "more bang for their buck" in street design because there was more extensive flat use. Councilman Kehe noted that at the various meetings the cost of$30 a square foot was presented and asked whether the cost would be closer to that amount if reinforced concrete was put in for BMX purposes. Mr. Solesky responded yes,the cost would most likely be closer to$30 a square foot. In response to a question from Vice Mayor Archambault as to why the consultant was suggesting that phase one contain the street work, Mr. Solesky said that the potential users indicated a strong preference for streets versus transitional. The Vice Mayor asked whether fencing would be required if they did a bowl and Mr. Solesky responded that it would and said that bowls were typically anywhere from five feet to ten feet deep and would require a minimum of a four foot fence for safety purposes. He added that the street work was a different story; it was just like a plaza with stairs and banks, so there were no large vertical drops. Councilman Kehe asked whether the price of approximately $30 a square foot included fencing, lights, gates, or other needed aspects and Mr. Solesky advised that the price was just for the concrete. Mayor Nichols commented that he was a strong supporter of youths in the Town and wanted them to have a skate park. He said they could have been skating twelve months ago on a facility next to the old high school, on the old basketball court. He stated it would have been an above ground facility within the $60,000 budget. He said if you asked the youths what they wanted, they were going to ask for the Cadillac and that was why the consultant was recommending the big, in-ground facility at a high cost. He noted that when he originally voted to have the consultants look at the site selection, he said he would go with whatever site they E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 11 of 22 decided the park should be located in but he was hoping that the Parks &Recreation Commission and the site consultants would also be looking at the facility at the old middle school. He said the site had lights, a fence, access and 360 degree site lines but pointed out that they decided not to include that site and instead to go with a bowl. The Mayor said that the middle school was located right next to the high school, next to Golden Eagle Park. Ms. Brogan advised that the consultants were not told where to look, they were just given the names of the five sites and asked to determine which site would be the best for a skate park. Mayor Nichols responded that he was disappointed with the site they selected because they were not given all of the sites to consider. He added that apparently a decision was made prior to their review that it was going to be an in-ground facility as opposed to being in-ground or aboveground. He stated that he would go with the decision to have the facility at Desert Vista because when he voted to hire a consultant he said he would go with the recommendation but added that he was disappointed that they did not look at the other site. He advised that he had problems with the cost and the financing and said he would expound on those concerns when they get to the motion. He asked whether there was a motion to accept the consultant's recommendation. Councilman Kavanagh MOVED to accept the consultant's recommendation. Councilman Archambault SECONDED the motion. Councilman Kehe, speaking to Chairman Schmidt, said when the Commission approved this, it was his understanding that they were approving a 20,000 square foot facility and, in fact, moved to ask the Council to issue an RFP on it. He asked why they changed to a 15,000 square foot facility. Chairman Schmidt responded that when they originally talked about this, they were trying to get the maximum size they could design in phases so they could start with something that fit within a reasonable budget and could be expanded when funding and user demand surfaced. He added that they would like to have what was being recommended but they were not going to get it but the most important thing was to design the facility so that it could be phased in terms of size, type, and dollars. He emphasized that they were not asking the Town Council to say "okay, this is what we are going to build," they needed the next step to proceed with the design and hopefully they would have the funds to design and develop the facility in two or three phases. Chairman Schmidt stated that they could live with a 15,000 square foot facility. Councilman Kehe commented that in the early spring he attended a Council meeting as a citizen and heard a commitment from Phyliss Kern that if the Council got the project started, they would raise the money. He said before this went much further, he would like to hear from Ms. Kern where they were on that. Phyliss Kern, 15848 Centipede Drive Ms. Kern addressed the Council and concurred that they had made a commitment to build a skate park but said she was out of the loop because they had not been consulted at all on this issue. She stated that she attended a general contractor's meeting last night and talked to them again to make sure they were available. She emphasized the importance of involving the community to raise the funds and ensure the project's success. She noted that the contractors had stated when we wanted them there with their machinery and manpower, they would be there, which meant the site work would be done by the contractors of Fountain Hills. She added that once they knew where they were headed, she planned to have different groups that she had contacted (Women's Club, Kiwanis, Rotary, Sunridge Foundation, and at one time Fort McDowell Concrete)become involved. Ms. Kern reiterated that as the Chairman of the Committee she had not been informed of what was going on but said she did have the concrete people at one time guarantee that they would provide the contract for this project. She stated that she would like to have an urban development park, which meant besides the bowl E:\BBender\Documents\Current Minutes 2004\10-21-04.nunutes Page 12 of 22 and the skateboarding and bikes, there would be an area along the outside that contained picnic tables, trees, and areas where parents could bring the young children along and participate in this. She added that they did have the full support of contractors but they need to know what was going on. She said that the citizens of the Town, with their expertise, would help. Bob Deppe, Boulder Drive Mr. Deppe stated that during the past year he had the opportunity to canvass Fountain Hills for two different causes and he could say for sure that a majority would be against spending money for so few people. He added that he had yet to hear what the on-going expenses would be and said they could be significant over a year's time. He noted that this differed from ball fields in that most of those activities were league run and the league performed its own policing, cleaning up, and maintenance. He recommended that they delay a decision until they finished the planning process and determined what the residents wanted to pay for a skate park. Mayor Nichols thanked the speakers for their input. Mayor Nichols commented that over the last twelve to thirteen months he had talked to hundreds of people and he could say that 95% of those people have said "if you are going to have a skate park, don't spend more than $100,000." He stated that the group came forward and said they would raise the additional funds and right now by his estimate the minimum the project would cost is $450,000 to $550,000 with amenities. He added that what they were asking for now was to spend $50,000 to $60,000 for the design work and construction documents for a facility they did not have the funding for. He advised that before they spent $56,000 on construction documents, he would like to see the volunteer group that wanted to build this put $250,000 to $300,000 in the bank in in-kind and dollar amounts that they said they would deliver. He added that the Town was willing to put in $150,000 and if they could raise the other $300,000 then he would support moving ahead with the construction documents. He emphasized that it was much easier to spend money than to raise money and said he would not vote to spend any money on the construction unless there was money in the bank from the volunteer group that said it was going to be matching the Town funds. The Mayor said he would vote against the motion unless it was amended to say that the volunteer group would raise at least 75% of the $300,000. Vice Mayor Archambault stated that he remembered earlier this year that the Council did not decide whether they were going to wait for that money to hit the bank, they said they had $206,000 and we added $150,000 and had $56,000 left over from the $4,000 we spent on the consultant. He noted that they told the youths of the community that they would spend $206,000 for a skate park. He added that his calculations for phase one would be $225,000 in a worst-case scenario of$30 a square foot. He said he could remember a time when it was questioned whether the Boys & Girls Club would be as full as it was now and it was full of activities. There was a strong desire in this Town to foster youth activities and noted that the Boy Scouts and Girl Scouts were over flowing with children and there were not enough leaders to expand the groups. He added that the people who did not want the Town to spend money on the skate park were not the ones who are going to use it and noted that they have spent millions of dollars developing parks for them and it was time they spent some money on the Town's youths. The Vice Mayor commented that if they voted in opposition to the skate park after five years of promising youths it would happen and after the youths moving forward and saying they wanted the skate park, the Town would play right into the editorial section that ran in the paper last week. Were we just going to build a Town Hall and forget everybody else? He emphasized that they were building a Town Hall to save money and they needed to spend that money on this Town. He added that everyone deserved a piece of the pie and stated the opinion that the youths were entitled to$206,000 of that pie. L E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 13 of 22 Mayor Nichols said he agreed that the youths needed some place to skate and added that they found a place eighteen months ago where they could have had a very nice steel, above ground facility. He pointed out that the national finals were conducted on steel aboveground facilities. Councilwoman Nicola asked whether there were any projected grants available to help with the project and how the General Plan was going to be amended. She said she had concerns about pop flys coming into the area and causing accidents. Mark Mayer responded to Councilwoman Nicola's question and said that while staff had not pursued any specific grants, he was aware that there were some smaller grants available through a variety of sources. He added that the major source the Town had been eligible for in the past was the Heritage Fund, which tended to look at the overall park design rather than just individual elements. He noted that they typically did not have much success when they were seeking a specific item such as a ball field or skate park and expressed the opinion that there was not much likelihood that they would receive funds from that source. He added that they would be eligible for some smaller dollar amounts and could pursue those. He advised that in the past the focus used to be on just developing parks but now the Federal government had placed more of a focus on individual activities like trails and the conversion of rural roads to bike routes and that type of thing. He said it was much more "sports specific"and did not go much past the natural resources types of things and did not flow to ball fields or tennis courts. Mr. Mayer stated that they were responsible for going back in and taking a fresh look at the overall park master plan this fall, which was included in the general plan. He said that one of the reasons the consultant looked at Desert Vista Park was that the Town was scheduled in the future to add the type of amenities that Phyliss Kern's group was seeking, such as picnic armadas and restroom facilities. He noted that those facilities would be added to the park and the park could stand-alone for a year or two by utilizing portable toilet facilities. The parking and the rest of the amenities that would add to the cost of the skate park were Le not included in the skate park figure because they were already included in the development cost associated with that park. Councilman Kavanagh said he became involved with the idea of a skateboard park just after he arrived in Fountain Hills in 1993 when he was involved in Parks & Recreation. He stated that they were promising youths that they were going to get a skate facility then and numerous Parks & Recreation Commissions confirmed that promise as did numerous Town Councils. He added that this Town Council took a big step forward by allocating the money to confirm the process. He stated that he would really hate to see "the rug pulled out from under them" after all these years when they were so close. He said he was embarrassed that a church in the community had to set up a private skate park to satisfy the needs when the Town itself did not do that. He commented on the items the Town had spent money on such as the trailhead, preservation, and additional armadas and said they were important as well but it was the youth's turn to get a fair share. He stressed the fact that they could stop after phase one if the facility did not generate a large amount of use but he believed it would be very heavily used. Councilman Kavanagh agreed that they could have used the small basketball court at the high school but said he did not think it would work due to the fact that it was a tiny area and the few facilities they put in would be bumping into each other and would not look adventurous or exciting. He noted that they would also have lost a small basketball court and stated that sometimes none were available in Golden Eagle Park. He stated that $225,000 was not an outrageous amount of money. He expressed the opinion that the need existed and said he would support this limited first step. Councilman Kehe said he did not believe he had heard a majority of the Council say that they were opposed to the skate park but he had heard people wanting to be fiscally responsible and obtain the necessary help from citizen groups. E:\BBender\Documents\Current Minutes 2004\10-2I-04.minutes Page 14 of 22 Mr. Mayer clarified that in the report under the recommendations the consultant listed a cost figure range of $22 to $30 a square foot, which would generate on the low end $165,000 to a high end of $225,000. He added that the possibility of utilizing local groups would reduce costs even further. Councilman Kehe asked Mr. Schmidt whether a 7,500 square foot facility would be satisfactory and Mr. Schmidt emphasized the importance of designing the facility so that it could be expanded. He added that space was not an immediate problem at Desert Vista Park. He stated the opinion that they should move forward with approval so that the basic design work could get done and the contractors could be brought in to do the work. He discussed difficulties associated with obtaining money before they could tell people what they are going to do with it. He requested that the Council move forward with the money that they had already budgeted and get the design done. He added that with contributions they might eventually have a bigger and better park. Councilman Kehe said he was hearing the words "phase two" so what he was gathering was that they would not be satisfied with a 7,500 square foot park, they really wanted a 15,000 square foot park and would move in that direction. This was merely a first step. Mr. Schmidt concurred with his summarization. Councilman Kehe commented that down the road there would be additional expense, which would be in the area of$450,000. Mr. Schmidt said that perhaps it could eventually reach that mark but emphasized that that was for future people to say they wanted it, they demanded it, and they would pay for it either through taxes or contributions. Councilman Kavanagh expressed the opinion that if they went ahead with the 7,500 square foot first phase and discovered that youths were piled up on top of each other because it was so popular, then they should pat themselves and the Committee on the back and say "man, did we spend taxpayers' money wisely." He added that future Councils would decide whether or not to expand the facility. He stated that it was unreasonable to suggest that the users had to raise large amounts of money. He said if they,went with phase one, at a cost of$225,000, they had $150,000 left so they would need approximately $75,000 to finish phase one. He stated that Ms. Phyliss Kern might be able to pare down the cost with donations of labor and materials. He added that it was not an unreasonable amount of money for an amenity such as this and said various other groups were not asked to put money up front before projects commenced, such as the preservationists and others,because they were public responsibilities. Mayor Nichols asked Ms. Bender to read the motion. She said Councilman Kavanagh moved to approve the consultant's recommendation for the site,Desert Vista, and the type. Councilman Kavanagh commented that he moved to accept the feasibility study. Mayor Nichols noted that the feasibility study just talked about spending money for the design and production of construction documents. The Mayor called the question and a vote was taken. Councilman Schlum Absent Councilman Kavanagh Aye Councilwoman Nicola Aye Councilman Kehe Aye Vice Mayor Archambault Aye Mayor Nichols Nay Councilman McMahan Aye Councilwoman Nicola stated that as they moved forward she would like staff to verify that the donated labor and/or materials were not going to cause a problem. E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 15 of 22 Town Attorney Andrew McGuire stated that this was a complex issue and after the design was in place they would have to move forward, define exactly what they had in donated materials and resources and determine what the Town could accept. Councilman Kehe commented on an article he read regarding a skate park that was built in either Avondale or Peoria and the community only had to invest $38,000 and the rest of the monies came from grants. He said it was not a Heritage Fund grant but rather had something to do with the City's efforts to reduce crime, etc. He encouraged staff to look into something similar. Mayor Nichols stated the opinion that that would be a good project for the Parks & Recreation Commission. Councilman Kavanagh suggested that they contact Congressman Hayworth because he did get some money for juvenile crime prevention for the Boys & Girls Club. Councilman Kehe said they were not saying the Town had crime but if the funds were there and they could justify getting them, they should pursue the matter. Town Clerk Bev Bender verified that the vote was 5 to 1 with Mayor Nichols voting nay. Councilman McMahan expressed concerns regarding raising private funds and said they should proceed as quickly as possible. He added that Councilman Kavanagh and Commissioner Schmidt had convinced him that moving forward on this first phase was a wise step. AGENDA ITEM #7 — QUARTERLY UPDATE BY TOWN MANAGER TIM PICKERING ON THE PROGRESS OF IMPLEMENTING THE COUNCIL'S GOALS. Mr. Pickering outlined the contents of a detailed report submitted to Council regarding the status of the goals they had previously identified and said he would summarize the goals that were currently under the Council's purview. He stated that staff had been charged with the responsibility of completing a fire service contingency plan, a strategic plan, the annexation of State trust land, a succession plan, and conducting a water analysis and the financial impacts of no water. Mr. Pickering discussed the fire service contingency plan and said that staffs goals were to ensure that if the Town was not able to contract with Rural Metro that there would be other forms of service that could be provided. He stated that initially staff looked at a variety of options including merging with the existing fire district, which did not appear very probable, also intergovernmental agreements with other communities such as the Indian Community, and the formation of a volunteer fire department. He said that the most feasible option appeared to be contracting with another provider. He noted that most of the fire departments in the Indian Communities were probably not interested in contracting with the Town but their best bet would be Scottsdale if they decided to go down that road. He added that initial discussions had occurred with the City of Scottsdale and although their department was undergoing a variety of changes, they were very open to the idea and staff was following up on that with a meeting next month to continue the discussion. He emphasized that the meetings had been and would continue to be informal and no Council action was required at this point. Mr. Pickering said that the meetings were informational in nature and staff was pursuing a contingency plan but not implementing one at this time. He noted that the Council felt it was important to be prepared and look at other options. He added that the Town had a five-year contract with Rural Metro and said that the contract was secure. Mr. Pickering also discussed the Strategic Plan and said staff had made great strides in that area. He stated that the first community meeting took place on September 15th and approximately 40 individuals in the community with specific strategic planning experience were invited to attend. He said that the next strategic E:\BBender\Documents\Current Minutes 2004\I0-21-04.minutes Page 16 of 22 planning meeting was scheduled for October 28`h at the Community Center and said the public was encouraged to attend and participate. He explained that they were going to identify the strengths, weaknesses, opportunities, and threats facing the Town (SWOT Analysis). He added that once a few more meetings were held the time might be right to appoint an oversight committee to hire a consultant to provide further guidance. Mr. Pickering advised that how quickly the State Trust Land proceeds was decided by the State Land Department. He said that he, the Mayor, Councilman Kehe and other members of staff met recently with State Land Commissioner and his staff to discuss what the steps were for Fountain Hills to ensure that the land was planned properly and included in the Town of Fountain Hills. He reported that the Town was farther along than other communities and parcels were already in the planning stage and had been budgeted by the State. He informed the Council that the Town offered their services and consulting services and to pay for those services in order to speed the process along as much as possible. He indicated staff's intention to continue working with the State Trust Land Department. He added that they were also working closely with the water and sanitary districts to coordinate both the infrastructure as well as the construction of the water and sewer lines into the area. Mr. Pickering discussed the Succession Plan and explained that this Council goal had to do with future staffing plans and desired functions as upper level members of management retire. He said it was important to identify someone in the organization who was willing to take his or her place and had the education and training to do so in order to have a smooth transition. He advised that staff had conducted an initial analysis of the Town's weaknesses in this area, identified specific areas, and provided the Council with that information. He noted that the study was not entirely complete at this time and estimated that they were 50% of the way through the succession planning. He said that the process was providing valuable information. He stated that staff had identified the need for an Assistant Public Works Director because they knew they must have someone to take over that position when Mr. Ward eventually retired. He reported that the Chaparral City Water Company had applied for and received approval for an expansion so that was no longer a threat to the Town of Fountain Hills. Mr. Pickering referred to a graph contained in the packets that listed each of the projects and the percentage completed. He said he would be happy to answer any questions from the Council. Vice Mayor Archambault asked whether Mr. Pickering was attempting to obtain a development report from the State Land Department and Mr. Pickering responded that the initial discussion of the report was different from what the State Commissioner had indicated. He said the report actually was trying to identify whether the State should become involved in a joint development situation. He added that they were looking at the financial feasibility and he did not believe that they were going to undertake that and stated the opinion that although the report was not pertinent,they would like to obtain a copy. Councilman Kehe commented that they were talking about two different things. The report was from a group called MB Associates and they did not have anything to do with the concept plan that was a totally separate item and the second step in the annexation process. He added that that was where they hoped to "get their foot in the door"and become a part of the concept development process. Mr. Pickering noted that at the next Workshop there would be a group appearing before the Council to discuss exactly what a strategic plan was and where it currently stood as far as input from the public. Councilwoman Nicola said that on the fire contingency plan the first goal was to come up with a report on costs should something happen and asked whether a timeline had been prepared. Mr. Pickering stated that it would be completed this year. He added that some issues had arisen regarding how many people they would need and they were addressing that. E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 17 of 22 Councilman Kehe commented on the smaller group meeting attended by individuals with expertise in the strategic planning area. He expressed appreciation to the residents who volunteered their time and knowledge. He added that the purpose of that meeting was to discuss the larger October 28th meeting and use the individuals' expertise to help in the development of the process and structure. He noted that these were the individuals who would make a presentation at the November Workshop. He said that the group expressed a need for a "comfort zone" to verify that they were moving in the right direction. He added that they asked for a "head nodding endorsement" that they were heading in the right direction. He asked for some sign from the members of the Council indicating their support. Councilwoman Nicola asked Mr. McGuire whether a head nod was appropriate and Mr. McGuire responded that this agenda item did not show that any direction would be given, it was merely a progress report. He said they could provide that input at the upcoming Workshop. Councilwoman Nicola shared with staff that she had identified other grant monies for the project, specifically through the Arizona Department of Commerce and for General Plan Amendment planning. She noted that the Town of Paradise Valley just received $10,000 and urged staff to pursue these grants. Mr. Pickering indicated his intention to follow up on this matter. Mayor Nichols thanked Mr. Pickering for the update. AGENDA ITEM #8-— CONSIDERATION OF CHANGING THE CURRENT ELECTION CYCLE FROM MARCH/MAY (SPRING) TO THE SEPTEMBER/NOVEMBER(FALL ELECTION CYCLE WITH POSSIBLE DIRECTION TO STAFF). Mr. Pickering stated that Town Clerk Bev Bender, who was in charge of elections, had conducted some initial research and requested that she report her findings to the Council. Ms. Bender said that at the request of Vice Mayor Archambault and two other Councilmembers, staff researched the pros and cons of changing from the current spring election cycle (March/May) to the fall election cycle(September/November). She stated that she had contacted other city and town clerks to obtain their input regarding the pros and cons of changing the election cycle. She reported that the City of Glendale was in the process of reviewing the same issue and El Mirage and Sierra Vista had recently changed to the fall election cycle. She noted that the election cycle breakdown of the 83 cities and towns were as follows: • Eight were fall cycle in even years; • Five were fall cycle in odd years; • Forty-two were spring cycle in odd years. • Thirty-three were spring cycle in odd years She noted the significant pros would be a significant increase in voter turnout. She added that statewide primaries varied in turnout from 22% to 40%. She reported that voter turnout at the Town's 2002, 2003, and 2004 elections ranged between 20% and 43% depending upon the issues on the ballot. She stated that there would also be a reduction in election costs and pointed out that if the Town had been on a consolidated ballot for the last election they would have saved approximately $7,000. She advised that the number of requests for early ballots and the registered voter number drove election costs. She said that another pro would be the ability of the seated Council to complete the budget process from beginning to end; therefore there would be continuity. Ms. Bender stated that they also discussed cons and the most significant included less flexibility in the ballot layout, in addition to the length of the consolidated ballot. She pointed out that the November election ballot was extensive. She said an all mail ballot election would be precluded since State statute prohibits the County from participating in an all mail ballot election. There would also be less flexibility with the breakdown of the election reports and an anticipated delay in the receipt of the Town's election results since E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 18 of 22 town election results would be reported last in a State election. She stated that the results could be delivered as late as midnight instead of around 8 p.m. Ms. Bender noted that there were some indirect impacts that the Council might want to consider and pointed out that during the transition year Council terms would have to be lengthened. Amendments to the Town Code would also be required and the increase in voter registration and turnout would also increase the required number of signatures needed for Town initiatives,referendums, and recalls. Ms. Bender said that staff was seeking further direction at this time. Mayor Nichols thanked Ms. Bender for her report. Vice Mayor Archambault said that since he was the one who initiated this he wanted to explain what started it. He stated that as they went through the budget process this year and even prior to that at the retreat, some discussion took place regarding possibly approving the budget earlier so that staff could do RFPs. He noted that there was concern that the seating Council who got elected would not have a voice in the budget but would be straddled with it. He added that there were some other issues brought up at the retreat and the fact that it would be helpful if those elected Councilmembers who went through the retreat were also the ones who followed through with the ideas they came up with. The Vice Mayor stated that he considered moving the budget back but kept hitting stone walls and finally it dawned on him that it would be easier to just move the elections. He said that in checking with the Town Attorney he learned that this was something that could be done. He commented that he questioned what would happen if they needed an initiative on the ballot for the voters to vote on that maybe would not coincide with the Council elections. He said it would cost the Town no more than they currently spent now on a spring election and some of those issues would have to go on a spring election. He stated that future Councils would have to weigh whether it was worth having an election and putting the issue before the Liv voters and in most cases he believes they would want to do that. He said they would be saving money but in future years they might spend it to have a separate election so that the voters did not get confused. He added that this was something he believed the Council should think about. Councilwoman Nicola asked Mr. McGuire whether this was something they could change in the middle of their term or an issue they would vote on and it would take effect with the next Council. Mr. McGuire responded that by the nature of the vote it would have to affect their terms because if it did not they would wind up in a position where the next election would be six years away. He noted that State law said that the present council's terms were in effect until successors were elected and qualified. He explained that the successors would not be elected and qualified for six months and so the sitting Council would essentially extend their own terms. Councilman Kavanagh said he too would feel uncomfortable extending his own term and asked whether they could shorten the terms of future Councilmembers, shorten the cycle for one Council term. Mr. McGuire stated that he would look into that but he was not certain that was possible. Councilman Kavanagh added that he was not suggesting that they do that because he was not sure he supported it but if they were going to he would feel more comfortable doing it that way rather than extending his own term. Councilman McMahan commended Ms. Bender on her research and report. He added that approximately 25 years ago the State of Arizona mandated that School Board elections, which were held like the Town's, be held along with general elections. He said he found it worked out very well and there was a larger turnout for the elections. He expressed the opinion that this was something they should positively consider. Mayor Nichols said he believed he was hearing that at least four Councilmembers wanted staff to pursue this further. E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 19 of 22 Councilman Kavanagh also thanked Ms. Bender and questioned whether moving to the fall would actually increase voter turnout. He said the most important factor to him was whether they were going to diminish or increase the number of people who voted. He commented that run off elections were not that frequent and when it did it might only affect one or two members. He stated the opinion that the real key dates would be did they hold the election in March or September. He pointed out that a large number of citizens early vote up to 30 days before and said he believed there were a lot more people in Town from February 15th to March 15th (30 days prior to the election) than there were from August 15th to September 15th. He said he had asked Accounting Supervisor Julie Ghetti to provide him with information on sales tax revenue, excluding new home construction, and the results showed that 50% more sales tax was collected in March than there is in September. He clarified that he was not suggesting that there were 50% more people here, the increased retail activity during the current election time, March, suggested that there was a significant number more people here in March than in September. He said he had concerns with holding elections when there were less people in Town. Councilman Kavanagh also pointed out that 85% of the cities and towns in Arizona hold spring elections. He stated that he did not wish to pursue changes to the election cycles. Councilman McMahan suggested that a lot of the sales tax generated in March reflected snowbirds' expenditures and they did not vote in Fountain Hills. Councilman Kavanagh said that this was something staff could look into. Councilwoman Nicola asked whether municipalities had to incorporate during the month of November and Mr. McGuire responded that they could incorporate any time during the year. He added that wise ones incorporated as soon as possible after the beginning of the fiscal year because during the period that followed they got the services of the County that they were leaving for that entire period. Councilwoman Nicola commented that when she looked at that she thought historically municipalities incorporated in the fall and tilir the County Board of Supervisors appointed:an interim and then in the next ensuing spring election they elected their Councilmembers. She said she assumed that was the reason between the high percentages in spring. She added that door knocking and campaigning during the summer months would not be fun. Mr. McGuire commented that it was very likely the reason why a vast majority of elections were held in the spring because otherwise there would be that odd period from the beginning of the first fiscal year of the new community until December or January when the members were seated. He pointed out that the interim Council would hold over for more than a year, which was not desirable in most communities. He added that the reason they were not on exactly the same dates was simply a function of what year they incorporated, whether they were in an odd or even year. Vice Mayor Archambault asked Mr. Pickering to monitor the November election and determine how many citizens voted so they could get a percentage. Councilman Kehe stated the opinion that changing cycles made sense for a lot of reasons but said he would be concerned that increased voter turnout, which would increase the number of signatures required on nomination petitions, might discourage citizens from running for office. He added that people who wanted to run for office in September would be battling the heat resulting in a handicap. He said these issues should be considered. Mayor Nichols thanked everyone for their input. AGENDA ITEM #9 — PUBLIC HEARING REGARDING ORDINANCE 04-15, AMENDING THE ZONING ORDINANCE REGARDING LOADING AND UNLOADING. Mayor Nichols declared the public hearing open at 8:45 p.m. Senior Planner Dana Burkhardt stated that this was a text amendment that was initiated by the Planning and Zoning Commission in response to some E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 20 of 22 difficulties they and staff had been having in interpreting the loading zone requirements in the Zoning Ordinance. He advised that staff was instructed to develop off-street loading regulations that clearly defined the provisions for loading zones. He added that issues with the recent implementation of the existing regulations included requiring less intensive retail and office uses to have excessively large loading zones designation, requiring less intensive retail and office uses to designate additional loading zones where less would be sufficient, and lack of information provided within the text to designate which uses require designated loading zones. Mr. Burkhardt stated that after researching several other Arizona cities and some from other locations around the country, the following changes were being recommended: • Redefine the word loading space within the definition section of the Zoning Ordinance; • Add provisions within the Zoning Ordinance for staff to recommend loading spaces of a more appropriate size for uses that do not require a 12' x 45' loading space, but still required some type of designated space for the loading and unloading of materials. Staff recommended adding provisions for a loading space of 10' x 30' to be utilized upon staff recommendation and Planning and Zoning Commission approval; • Add verbiage providing more information on the types of uses required to have loading zones; and • Provide aggregate gross floor areas more indicative of the types of uses found within the Town of Fountain Hills. He noted that the Planning and Zoning Commission and staff recommended approval of the proposed amendments to the Zoning Ordinance and adoption of the ordinance. There were no citizens wishing to speak on this item. Mayor Nichols declared the public hearing closed at 8:46 p.m. AGENDA ITEM #10— CONSIDERATION OF ORDINANCE 04-15, AMENDING THE ZONING ORDINANCE REGARDING LOADING AND UNLOADING. Councilman McMahan MOVED and Councilwoman Nicola SECONDED a motion to approve Ordinance 04-15. The motion CARRIED UNANIMOUSLY by those present (6 to 0). AGENDA ITEM #11 — COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. There were no items to assess and/or review. AGENDA ITEM #12 — COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH ITEMS ON A FUTURE AGENDA FOR ACTION OR (ii) OR DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: There was no discussion and/or direction. AGENDA ITEM#25—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER Mr. Pickering stated that staff would conduct research as requested on the issue of the barbeque grills as well as the effects. He added that staff would bring back contracts for any landscaping performed at the Town Hall project. Staff would also look into grants and report to the Council with additional information regarding changing election cycles. E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 21 of 22 AGENDA ITEM#26—ADJOURNMENT L. Councilwoman Nicola MOVED that the Council adjourn and Vice Mayor Archambault SECONDED the motion, which CARRIED UNANIMOUSLY by those presen (6 to 0). The meeting adjourned at 8:50 p.m. TOWN OF FO TAI HILLS lBy Wally Nic s, Ma or ATTEST AND PREPARED BY: /69,,,,,d J./Si.< Bevelyn J. Be er, wn lerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Session held by the Town Council of Fountain Hills on the 21st day of October, 2004. I further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of November, 2004. ,�& /69 Bevelyn . Be er,Town Clerk cow E:\BBender\Documents\Current Minutes 2004\10-21-04.minutes Page 22 of 22