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HomeMy WebLinkAbout2006.1013.TCREM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 19, 2006 AGENDA ITEM #1— CALLTO ORDER AND ROLL CALL Mayor Nichols called the meeting to order at 6:30 p.m. INVOCATION: Reverend Rebecca Hardcastle ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Vice Mayor Kehe, Councilmember Leger, Councilmember McMahan, Councilmember Schlum*, Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager Tim Pickering and Town Clerk Bev Bender were also present. *Councilmember Schlum participated throughout the entire meeting by use of teleconferencing equipment. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS: (i) Mayor Nichols will read a proclamation declaring October 19-21, 2006 as Knights of Columbus Tootsie Roll Drive Days. Mayor Nichols stated that mental health disorders affected the lives of thousands of Americans and their families across the country and noted that disabled persons make many contributions to all areas of society and their value as productive members of the community should not be underestimated. He noted that the Knights of Columbus was a charitable organization, which sponsors many programs and events to aid underprivileged, ill and mentally handicapped children and the Tootsie Roll Drive was a three day project taken on by that organization in an effort to collect contributions to help support state programs. Mayor Nichols recognized the efforts of the Knights of Columbus and said it was his honor to proclaim October 19, 20 and 21, 2006 "Knights of Columbus Tootsie Roll Drive Days" in the Town of Fountain Hills. (ii) Mayor Nichols will read a proclamation declaring October 15-21, 2006 Arizona Cities and Towns Week. Mayor Nichols commented that the citizens of Fountain Hills rely on local government to experience a high quality of life in our community and noted the important work carried out daily to create safe communities. He said that funding methods for these vital services are not always clearly understood and it was the responsibility of Town officials to ensure that legislators, media and citizens understand their local government through open and frequent communication using various avenues and means. He stressed the importance of encouraging this connection and informing citizens and legislators of the importance of state shared revenues in order to preserve the excellent delivery of services that the citizens deserve and have come to expect. The Mayor announced that the Town of Fountain Hills joins with the League of Arizona Cities and Towns and fellow municipalities across the State of Arizona in declaring October 15-21, 2006 "Arizona Cities & Towns Week" and stated that an event to recognize the superior services that cities and towns deliver statewide would be held on October 26`h as part of the celebration of the Town's Avenue of the Fountain Downtown Enhancement Project, Phase I completion. ZACouncil Packets\2006\Rl 1-2-06\10-19-06 Regular and Executive Session minutes.doc Page 1 of 11 CALL TO THE PUBLIC: Michael Stull, 1550 West Deer Valley Road, Phoenix, Manager of Government Affairs for Cox Communications, addressed the Council and read brief comments from a handout previously presented to the Council relative to the Cox/Fountain Hills license agreement. Mr. Stull stated that Cox Communications values .44) its long-standing relationship with the Town and noted that Cox has chosen to invest an average of three times more per cable plant mile and give the Town the most technologically advanced cable system in the Valley; rapidly deployed telephone service throughout the Town last year and addressed local citizen requests to eliminate the need to have set -top converters on every television. He added that because of these investments and past working relationship, in 2004 Cox signaled its intent to seek renewal of the license agreement. Until early last year the effort was progressing towards a mutually beneficial conclusion. However, over the last 18 months they had been unable to conclude these talks due to the inability to engage staff. In May, Cox learned via the newspaper that the Town Council had voted to extend the previous license. Unfortunately, Cox was not given prior notice of this action or the opportunity to comment on the five-year extension. Under Federal law, cable licenses were contractual and require the consent of all parties involved (Cable Act). Mr. Stull said that it was Cox's wish that the Council direct Town staff to meet with Cox representatives so that they may conclude the license negotiation process and ensure that both Cox and the Town are in full compliance with Federal and State law. He said that until they do so, Cox believed that they were operating under an expired license in Fountain Hills (lapsed the end of May of this year) and thanked the Council for their time. Mayor Nichols requested that Town Attorney Andrew McGuire look into this situation and report his findings to the Council. He said that Mr. Shull would be contacted and provided the Town's response as soon as this action has occurred. Councilmember Archambault advised that last evening he attended a "Coffee With Wally" and said that most people were aware of the fact that the Mayor pays for the coffees. He commented on the fact that the Town is fortunate to have had volunteer Councils that want to serve the Town and did not believe that the members should have to expend out of pocket monies. He said he would like to find out whether the Council would be willing to reimburse the Mayor for those coffees because they were becoming quite a burden. He added that the Mayor was generous enough to give of his time as are all the other members of the Council, to talk to the citizens in order to foster "open government," but said that he did not believe that the monies should come out of their own pockets. Councilmember Archambault further stated that the Town had been fortunate in that many extremely qualified Mayors had served and noted that their compensation was minimal. He expressed the opinion that it was unfortunate that the Mayor should have to spend eight to ten hours a day at Town Hall carrying out all of his duties but was only paid $600 a month for his services. He said he would also like to determine whether the Council would consider raising just the Mayor's salary. He stated that it was also unfortunate that this would not happen during the current Mayor's term of office and he commented on the demands of the position. He added that if they wanted to continue to attract and maintain the quality of service they have been providing to the Town through volunteers, he believed they would need to begin paying for it. Mayor Nichols thanked Councilmember Archambault for his comments and requested that Town Attorney Andrew McGuire also look into the matters raised by Councilmember Archambault. CONSENT AGENDA: AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM OCTOBER 5, 2006. AGENDA ITEM #2 — CONSIDERATION OF APPROVING A PRELIMINARY AND FINAL PLAT FOR THE "AMBERVILLE CONDOMINIUMS," A 5-UNIT CONDOMINIUM PROTECT LOCATED AT 11680 N. SAGUARO BOULEVARD AKA PLAT 201 BLOCK 4 LOT 5 CASE #52006-16 ZACouncil Packets\2006\R11-2-06\10-19-06 Regular and Executive Session minutes.doc Page 2 of I AGENDA ITEM #3 — CONSIDERATION OF APPROVING A PRELIMINARY AND FINAL PLAT FOR THE "STARRY MOUNTAIN VISTA CONDOMINIUMS," A 2-UNIT CONDOMINIUM PROTECT LOCATED AT 14025 N. EDGEWATER DRIVE, AKA PLAT 104, BLOCK 9, LOT 10. CASE #S2006-19. AGENDA ITEM #4 — CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE FOUNTAIN HILLS POST NO. 58, THE AMERICAN LEGION, (KEN BOWMAN), FOR THE PURPOSE OF SUPPORT TO THE FOUNTAIN HILLS GREAT FAIR, TO BE HELD AT 16837 E. PARKVIEW AVENUE, FOUNTAIN HILLS, AZ, ON FRIDAY, NOVEMBER 10, 2006, AND SATURDAY, NOVEMBER 11, 2006, FROM 9 A.M. TO 12 A.M. AND ON SUNDAY, NOVEMBER 12, 2006 FROM 10 A.M. TO 12 A.M. AGENDA ITEM #5 — CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE VETERANS OF FOREIGN WARS, POST 7507, (BRUCE THULIEN), FOR THE PURPOSE OF A FUNDRAISER TO BE HELD AT SAGUARO BOULEVARD AND PALISADES BOULEVARD, FOUNTAIN HILLS, AZ, ON FRIDAY, NOVEMBER 10, 2006, AND SATURDAY, NOVEMBER 11, 2006, FROM 10 A.M. TO 12 A.M. Councilmember Archambault MOVED to approve the Consent Agenda items as listed and Vice Mayor Kehe SECONDED the motion. A roll call vote was taken with the following results: Councilmember Dickey Aye Mayor Nichols Aye Councilmember Leger Aye Councilmember Schlum Aye Vice Mayor Kehe Aye Councilmember McMahan Aye Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA: AGENDA ITEM #6 — CONSIDERATION OF ACCEPTING A CONTRACT WITH_ SUN PORTS CONSTRUCTION FOR THE FABRICATION OF 89 SHADE COVERINGS FOR LAW ENFORCEMENT, TOWN OWNED VEHICLES AND STAFF VEHICLES. Public Works Director Tom Ward addressed the members of the Council relative to this agenda item and stated that in the planning and budgeting of the new Town Hall facility, Project Management approved shade covering for Law Enforcement and Town/staff vehicles. He reported that in a value analysis process to streamline costs due to elevated steel pricing, items, including this particular one in the amount of $400,000, were postponed for future consideration. He said that due to a recent downturn in materials costs, staff was proposing to complete the project with funding contained in the 2006-2007 budget. He advised that the shade covers were part of the original plan for the building and would be constructed in a manner similar to the existing shade structures located by the Library and Community Center. Mr. Ward noted that 89 shade structures were being proposed, 40 for Law Enforcement, 24 for Town vehicles and 25 for staff members. He reported that also included in the current price of $355,976.30 was a shade structure that would be constructed next to the Council Chambers and any deteriorated existing shade structures would be replaced at both the Library and the Community Center. He added that staff believed that this was a very opportune time to move forward with the project and said that both the steel and concrete prices had dropped considerably due to the slowdown in the housing and other industries. He said that staff was confident ZACouncil Packets\2006\Rl1-2-06\10-19-06 Regular and Executive Session minutes.doc Page 3 of 11 that this was a good time to proceed with the shade structures. He further stated that staff recommended that the proposed expenditure be approved at this time and he welcomed questions from the councilmembers. Vice Mayor Kehe MOVED to approve the purchase of the shade structures as outlined by staff and Mayor Nichols SECONDED the motion for discussion purposes. Councilmember Dickey MOVED to table this item and explained that she has been interested in this issue since it was brought up during the budget session because she wanted to investigate opportunities for solar panels. She said that she worked in the office of Environmental Quality and their vehicle shade structures were solar panels. She stated that there was a lot of information available that she did not feel had been explored and she was therefore not ready to make a decision on this issue. She advised that at this point she did not know how the cost of solar panels would compare to what was being proposed but noted that other cities and towns throughout the nation were partnering with their utilities who were either paying for the entire cost or providing rebates/incentives. She said that she had been unable to obtain the necessary information and would appreciate support in tabling this item, even for a short time, to allow staff to investigate other opportunities. Councilmember Archambault SECONDED the motion. Mr. Ward said that he would like to provide the Council with some facts on this issue and acknowledged that Councilmember Dickey had contacted staff to discuss this matter. He said that although he respected Councilmember Dickey's position, he believed they were going in the wrong direction by pursuing the option she raised. He discussed the parking lot infrastructure and noted it lacked a lot of the infrastructure that would be necessary to construct the conduits towards the meter where energy would be provided to the Salt River Project grid to reduce and obtain energy credit. He commented on the expenses associated with tearing up the parking lot to provide the conduits for the grid. He reported that the cost for the units, depending on how many, could be well over $1 million. He commented that this evening he had received an article that showed 170 units were built in California (approximately twice the number the Town was discussing) at a cost of $2.7 million. He expressed concern as to whether the resulting credit would be worthwhile and said he also had concerns regarding the aesthetics in relation to the current building design and that the return on the investment could take a minimum of 20 years depending upon the cost. Another factor was that the solar collectors might need to be replaced within as early as 10 to 15 years and said that although he was not educated in that particular field, he had obtained facts on those issues. Mr. Ward expressed the opinion that they were going 180 degrees relative to what was stated in the Strategic Plan and referred to Page 13 of the Plan, which states, "In the past 15 years since incorporation, circumstances have changed in several areas related to the physical plan of the Town. These issues include greater concerns about water availability, variances granted under Planning and Zoning laws and, more specifically, commercial structures that some people feel are inconsistent with the Town's look and feel." Mr. Ward stated the opinion that the solar panel structures would be inconsistent and not blend with the Town. He requested that the Council move forward this evening with staff's recommendation. In response to a question from Councilmember Archambault regarding whether staff had researched the cost of the solar panels, Mr. Ward responded that because of time constraints, staff had not obtained exact costs but added that they did conduct minor research and believed that the cost would be well over $1 million (estimate). Staff had obtained costs for trenching and conduit. Councilmember Archambault advised that he would be interested in learning what the actual costs would be as well as the benefits, if any, of switching to solar panels. Councilmember Dickey commented that part of the reason why she would like this issue to be tabled was because there was more information to be obtained. She stated that Cathedral City, California, which was located in a desert environment similar to the Town of Fountain Hills, had obtained a $1 million rebate from the State and added that the utility offered incentives. In addition, a contract was entered into whereby it had to be proved that the panels would pay for themselves and the payoff was less than 12 years with what they state had ZACouncil Packets\2006\Rl1-2-06\10-19-06 Regular and Executive Session minutes.doc Page 4 of 11 a life expectancy of 40 years. She stated that she would like to pursue this issue further prior to making a decision. Discussion ensued relative to the fact that staff decided not to cover the additional 12 spaces because staff had looked at the view -shed corridor upon entering the main entrance, the additional structures would have "covered up" the Community Center; the fact that the project has been "on hold" since the building was built (it was bid as an alternate), approximately one year ago; the fact that based on staff's initial research, the change would be an extensive process (over a one-year timeframe to have the panels built); the fact that a decision was made a while back (three years ago) to not "head down that path;" the fact that the existing deteriorating structures were approximately five years old and the main cost associated with the improvements was the material with the main cost being the steel; the fact that a more durable material than canvas would be used; and the fact that the City might have to consider consulting with an electrical engineer to answer questions that had been raised. Councilmember McMahan recommended that the Council approve staff's recommendation on this agenda item. He added that he does appreciate the benefits of solar power but believes that in this instance they should move ahead and complete the job. Mr. Pickering commented that the longer they wait, the more the project would cost and said that this had been the case in every project bid by the Town over the last three to four years. Vice Mayor Kehe noted that the cost of the Skate Park turned out to be more than originally planned and questioned whether they had to "tap other sources" to do the project. Mr. Pickering responded in the affirmative and noted that eventually all of the funding "comes from one pot." He also pointed out that the proposal before the Council was under the originally budgeted amount by approximately $45,000. Councilmember Archambault asked whether it would be detrimental to continue this item until the next meeting to allow more research to be conducted. Mr. Pickering indicated staff's willingness to abide by the Council's direction and asked Mr. Ward how long the Town's bid is good for. Mr. Ward responded that the bid was good for 30 days, due to market fluctuations, and added that the estimated completion date was March 22, 2007. Councilmember Dickey stated her willingness to participate in the fact-finding mission and said that she would call on her connections and commit to providing more accurate information at the next meeting. Mayor Nichols expressed the opinion that solar panels would not fit in with the overall architectural design of the Community Center or Town Hall and said that staff had done a good job on the bid process. He added that he would not support tabling this item and supported staffs recommendation to move forward. Councilmember Leger commented that based on his review of the tremendous work staff had done and the fact that the bid price would remain in effect until after the next Council meeting, he believed that there would be no harm in finding out the answers to the questions raised by Councilmember Dickey and discussing the issue at the next Council meeting. There were no citizens wishing to speak on this item and the Mayor called for a vote on the motion to table to the November 2, 2006 Council meeting. The motion CARRIED BY MAJORITY VOTE (5-2) with Mayor Nichols and Councilmember Archambault voting Nay. AGENDA ITEM #7 — CONSIDERATION OF RESOLUTION 2006-46, ESTABLISHING MEDIAN FEES. Mr. Pickering advised that Kate Zanon had put together a report on the proposed median fees and pointed out �'✓ that the Town had not owned the medians until this past June and it was necessary to establish a fair system for those who would like to use the medians. ZACouncil Packets\2006\R11-2-06\10-19-06 Regular and Executive Session minutes.doc Page 5 of I I Ms. Zanon addressed the Council and said that the request before them was to implement rental fees for the use of the Avenue of the Fountains medians located between Saguaro Boulevard and La Montana Drive. She noted that fees for the medians were being proposed in a manner similar to other Town facilities to ensure that all organizations and/or individuals were treated the same and commercial entities did not use the public's land as a permanent location. Because the medians are publicly owned lands now, any group or organization could request to exclusively use these facilities just like renting a park ramada, the amphitheater or a Community Center room. Ms. Zanon explained that the proposed fees were calculated using the square foot cost that was used for the rental of park space and the associated amenities at parks, such as armadas. Careful consideration was given to determining rental space on the medians, such as public safety and open space infrastructure (staff looked at the actual space on the medians that could be rented and developed charges for just the usable space). She reported that the available median space for rent was approximately 28,800 square feet on the west median and 20,000 square feet on the east median. Two different fee structures were being proposed, a resident fee rate and a non- resident fee rate. Staff also looked at different time periods for rentals and fees and past users of the medians and time frames in order to accommodate the different users. Staff was proposing a fee structure based on six - hour increments (up to 24 hours), which would be applied in conjunction with Temporary Use Permits or Special Event applications. Ms. Zanon pointed out that the Town Code contains a "grandfather clause" that was applied to the proposed fees and noted that the clause applies to events that had been in place for ten years or greater — the two fairs — and all other events would be subject to the proposed fees. (A copy of staff's report containing a breakdown of the proposed fees is available in the office of the Town Clerk.) Ms. Zanon indicated her willingness to respond to questions from the Council. Councilmember Leger MOVED to adopt Resolution 2006-46 and Councilmember Archambault SECONDED the motion. Councilmember Leger asked whether the medians within the Town Center Commercial Zoning District were commercially zoned and Ms. Zanon responded that she believed so and added that that portion of Town was C-2 Zoning. She confirmed that the medians would remain commercial in nature because of the zoning. Councilmember Leger said that it was his understanding that to put on for example a Farmer's Market in that area, a Temporary Use Permit would be required and Ms. Zanon said he was correct. He asked if in this case, a median fee would be charged in addition to the Temporary Use Permit fee and she replied that the median fee would be on top of the permit fee. Mr. Pickering stated that the reason for that is because special events run longer than typical rental timeframes, they were continuous, and in the case of the Farmer's Market, it would run once a week every week. He added that if someone wanted to rent a median for a day to have a picnic, they would not have to go through the permit process. Discussion ensued relative to whether picnics on the median represent an appropriate use in a commercially zoned district that citizens would be charged to use or would fall under open space recreational, such as Fountain Park; staff's response that if someone wanted to reserve specific time on a median space they would have to pay for that time (a rental fee) but if someone merely wanted to have a picnic, no fee would be assessed; the fact that a day long art show would require a Temporary Use Permit (for holding outdoor sales), and the fact that if someone requests exclusive use of a median, this meant that residents could not use the median and the importance of setting up a schedule and fees for exclusive uses. Councilmember Leger commented that he understands the rationale that was being used and commended staff on their hard work but said that they were coming very close to celebrating an event that he called "the rebirth of the Avenue" and said that a substantial amount of money had been spent to do so. He stated that everyone was interested in recovering the Town's investment but added that activities such as the Farmer's Market contribute to the economic viability to the Town Center and the Town as a whole. He added that these types of activities should be encouraged rather than discouraged by assessing median fees. He noted that some of the goals that ZACouncil Packets\2006\Rl 1-2-06\10-19-06 Regular and Executive Session minutes.doc Page 6 of 11 T were identified as part of the major project was the creation of a gathering place for citizens, providing an attitude of a downtown experience, enhancing business vitality in the Town Center and generating sales and economic growth for the Town. He expressed the opinion that the goals would only be partially realized as a result of aesthetic enhancements along the Avenue and stressed the importance of having activities to infuse people into that space. He said that adding the median fees for commercial use and may discourage people from doing that. He added that he would like to hear from other members of the Council prior to bringing forth a recommendation. Mr. Pickering pointed out that a Temporary Use Permit was not issued for the purpose of holding a function on Town land. He said that not having a system in place was a deterrent and added that staff had spoken with the operators of the Farmer's Market and they supported the fee and were pleased that they would have the ability to secure a specific time for use of the medians. He noted that the Community Center was rented out the same way, on a square foot basis, and the parks were handled in the same manner as well. He emphasized that the purpose was not to discourage people from using the areas but if someone wanted to reserve a spot, a fee should be paid because then no one else would have the ability to use that space. Additional discussion ensued relative to concerns about charging businesses fees to promote businesses/activities in the downtown area; difficulties associated in then determining who would get to use the medians — first come first serve unless grandfathered in as well as requests for extended uses of the sites (next five years); the fact that a Temporary Use Permit did define a function's timeframe; the granting of exemptions for commercial enterprises; complaints that were received from existing businesses; the fact that a Temporary Use Permit costs $200 plus the cost of mailing and the ensuing review/notification process; staff time; the fact that sprinkler heads get broken, grass torn up, and the associated replacement/repair costs are not covered under the permit, the importance of recuperating some of those costs, and the fact that every user who plans to sell something in Town must have a business license. Mr. Pickering further stated that the ultimate goal was to encourage businesses to operate in Town and pointed out that some non-profit organizations wanted to use the Town's parking lot or the circle located outside of the Community Center and that was not allowed. The intent was set up criteria listing places that could be rented and then encourage uses at those locations. Councilmember Leger said that he believed it was an incentive not to charge business people and in the long run if more people were brought to the Avenue, they would accomplish the goals they had set. He commented that sales tax monies could be generated and expressed the opinion that they could surpass the benefits of the proposed fees. Mayor Nichols expressed the opinion that the fees for use of Town facilities should be consistent, whether it was a median, a room at Town Hall, the Community Center, etc. He indicated his willingness to consider changing the amounts but reiterated the need for a consistent policy. Councilmember Archambault MOVED to exempt local storefronts from the proposed fees and Councilmember McMahan SECONDED the motion. Councilmember Dickey asked for clarification. Ms. Zanon explained that in the staff report under proposed Non -Residential Rental Rates there was a definition of resident: "A resident is considered any person who has a residence in Fountain Hills and/or is a Town licensed business located within the limits of Fountain Hills." She stated that anyone who has a business license but has their business elsewhere in the Valley won't qualify -- it's just for businesses physically located within the Town and residents who own property and live in the Town. Ms. Zanon stated that someone who lived in Scottsdale and who operated a store in Town and had a business license in Town would be considered a resident by the definition in the report. Councilmember Archambault AMENDED his motion to read exclude town licensed businesses and local non- profits from the fee. Councilmember McMahan agreed to the amendment. Discussion continued regarding the definition of a resident and how fees would be applied. ZACouncil Packets\2006\R11-2-06\10-19-06 Regular and Executive Session minutes.doc Page 7 of 11 Mayor Nichols clarified that a person who came in and obtained gets a business license for three or four days and did not have a physical address in the Town would not be covered. Ms. Zanon noted that the Farmer's Market was not a Town -based business and would be charged a median fee in addition to the permit fees. Mayor Nichols called for a vote on the motion. The motion CARRIED by majority vote (6-1). Councilmember Leger cast the nay vote. Councilmember Archambault MOVED to change the verbiage so that any event using the Avenue of the Fountains would be subject to the fees with the exception of the exclusion discussed above, with the "grandfather clause" taking precedence over its use. Councilmember Archambault commented that the intent of the grandfather clause was for events that had a life expectancy past ten years in order to preserve that place on the calendar for those particular events. Discussion ensued relative to this issue and Councilmember Archambault withdrew his motion. Mayor Nichols asked for a vote on the motion to approve Resolution 2006-46 as amended by Councilmember Archambault. A roll call vote was taken with the following results: Councilmember Schlum Aye Councilmember Leger Nay Councilmember Dickey Nay Vice Mayor Kehe Nay Councilmember Archambault Aye Mayor Nichols Aye Councilmember McMahan Aye The motion CARRIED by majority vote (4-3). AGENDA ITEM #8 — CONSIDERATION OF AWARDING ONE-TIME FUNDS TO OUALIFIED FOUNTAIN HILLS' NON-PROFIT GROUPS AND ORGANIZATIONS, NOT TO EXCEED $50,000 IN THE AGGREGATE, APPROPRIATED FOR SUCH PURPOSE IN FISCAL YEAR 2006-2007, TO COMMUNITY -BASED NON-PROFIT ORGANIZATIONS WHOSE ACTIVITIES CONTRIBUTE TO THE PUBLIC GOOD. Vice Mayor Kehe stated that he was a Trustee of the Golden Eagle Foundation, which was one of the applicants requesting aid. He declared a conflict of interest. He removed himself from the dais and did not participate in the discussion regarding this agenda item. Town Attorney Andrew McGuire advised that when a non -monetary conflict of interest arises, it is more of a declaration of conflict for appearance, and explained that Vice Mayor Kehe's vote would be voted with the majority but he would not participate. He further stated that Councilmember Dickey was not required to recluse herself based on the circumstances presented. Mr. Pickering advised that Finance Director Julie Ghetti served as a member of the Committee and would provide the report. Ms. Ghetti addressed the Council and provided a brief overview of the work that was conducted by the Committee regarding the task of allocating the $50,000 grant funds, as budgeted in the FY2006-07 budget. She advised that the Committee based their decisions after reviewing all of the applications. The Committee came to a consensus on those applications and were given a Priority #1, Priority #2 and Priority#3 rating. The Committee was proposing that the funds be distributed according to those rankings. She referred to staff report ZACouncil Packets\2006\R11-2-06\10-19-06 Regular and Executive Session minutes.doc Page 8 of 11 f and said that each group received a portion of the funds they had requested with the exception of one applicant who had applied for the full $50,000 with the goal of determining the recipients and distributing the funds. That group had been eliminated. Councilmember Archambault MOVED to approve the report of the Committee regarding the allocation of the $50,000 in funding. Councilmember McMahan SECONDED the motion. Councilmember Dickey agreed that everyone who applied had to be considered and said she understood that the Council would be re-evaluating this issue in the future. She expressed her sensitivity to the fact that these were taxpayer dollars and said that the Council was very aware of the importance of this decision. She thanked staff and the members of the Committee for their efforts in this regard. Councilmembers Archambault and McMahan also expressed appreciation to everyone involved. The motion CARRIED UNANIMOUSLY (7-0). Vice Mayor Kehe returned to the dais. AGENDA ITEM #9 — CONSIDERATION OF ORDINANCE 06-24, AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 2, MAYOR AND COUNCIL, ARTICLE 204, COUNCIL PROCEDURE, SECTION 2-4-3, POSTING NOTICE OF MEETINGS, TO MODIFY THE LOCATIONS FOR POSTING MEETING NOTICES AND ARTICLE 2-5 ORDINANCES RESOLUTIONS AND CONTRACTS SECTION 2-5-3 READING OF ORDINANCES. Town Attorney Andrew McGuire addressed the Council and stated that during the last Legislative Session the Legislature came out with a requirement that the Town post on its website in the same manner as it posts at other locations around Town. There were also certain requirements pertaining to when minutes are posted. The Town Clerk brought up the issue they were currently facing regarding space limitations at the Post Office, which was one of the Town's current posting locations. The Post Office was located across the street from Town Hall rather than around the corner as before and it appears to be a duplication of what was already posted at Town Hall. In place of the Post Office location, staff was recommending that the Town's website be used as an official posting site. Other courtesy postings were at the Library and other locations for other issues, but for this particular matter, staff was recommending that the Town's website rather than the Post Office be an official posting site. Mr. McGuire added that on occasions there were ordinances that were very mundane but required and the way the current Town Code was written, ordinances could not be placed on the Consent Agenda because the ordinances had to be read by number and title and this was not done on the Consent Agenda. He said that staff was recommending moving that obligation away from ordinances as they have done with resolutions so that if there were very mundane items and they happen to be ordinances; they could be placed on the Consent Agenda as well. He said that the first item was to fix a statutory problem and the second is to fix a functional problem. Councilmember Dickey MOVED to approve Ordinance 06-24 to change the public notice posting location and amend the reading of ordinances. Councilmember Archambault SECONDED the motion. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #10 — QUARTERLY REPORT BY THE TOWN MANAGER ON THE COUNCIL'S FY2006-2007 GOALS. Town Manager Tim Pickering addressed the Council and provided a brief overview of this agenda item. He advised that the goals that were set at the last Council Retreat were: (1) To identify and inform Fountain Hills residents of the projected long-term revenue gap; (2) Work with local schools to establish and address common issues affecting the Town, schools and community by the end of the 2006-07 school year; (3) To promote the use of low-water landscaping in new Fountain Hills developments; (4) To strictly enforce the General Plan and Town ordinances; (5) Create a commercial architecture review board to regulate architectural ZACouncil Packets\2006\R11-2-06\10-19-06 Regular and Executive Session minutes.doc Page 9 of 11 physical appearance for commercial properties; (6) Annex the State Trust Land into Fountain Hills; (7) To create a plan for pedestrian safety in Fountain Hills, and (8) To improve the business community and the Town. Mr. Pickering stated that a number of the goals were contained in the Strategic Plan and some of those, such as annexing the State Trust Land, were complete. Others, such as enforcing the General Plan and creating an Architectural Review Board/guidelines had been before the Planning Commission and were in the review process. He noted that both the low-water usage and architectural review ordinances should come to the Council before the end of the year. He stated that the report was fairly self-explanatory and detailed. He indicated his willingness to respond to any questions from the members of the Council. Councilmember Leger referred to the Staff Report, Objective 4.2 (Page 6) relative to eliminating the use of Special Use Permits in lieu of variances for height and other categories of exceptions by March 31, 2006, and noted that the report stated that unfortunately due to the full work/study schedule, a discussion of this item was delayed to October 10, 2006. He stated that the Council met in a Work Study Session and had a recommendation that they would keep in effect special use permits for height, cut/fill and setbacks. Mr. Pickering confirmed Councilmember Leger's understanding and said that the report was prepared prior to that meeting and a lot of positive steps had been taken. In response to a question from Councilmember Archambault, Mr. Pickering stated that the 100% goal regarding Goal #4, strictly enforcing the General Plan and Town ordinances, would be an end of the year review of how well they have done with the staff and the Council working together. He added that they have accomplished some of the steps to do that but after the full year is done they will have a better idea of just how far they have come. He said that right now they are on track, have not approved any variances and have cut down on the number of cut/fills. Mayor Nichols referred to Goal #8, improve the business community and the Town, and said that the recent ballet program and movie the park were activities that had brought people into Town (thousands of people attended the two events). He stated that hopefully the merchants were taking advantage of events like that to bring people into their restaurants and stores. He said that the Council could only do so much to increase traffic in Town and encouraged the business community to expend efforts to attract customers to their places of business. Mr. Pickering referred to Objective 8.4 (Page 11) and said that those types of activities should be included — promoting special events to promote the community's small town atmosphere. Mayor Nichols commented on the opening of the splash park. AGENDA ITEM #11— COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council. A. NONE. AGENDA ITEM #12 — SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER. (This agenda item was discussed out of order but for clarity purposes will remain as listed on the agenda). Mayor Nichols stated that the Council has requested that the Town Manager put together information regarding the solar panels as previously discussed. Mr. Pickering added that staff would also revise the Resolution dealing with median fees as directed by Council. AGENDA ITEM #13 — RECESS THE REGULAR SESSION AND VOTE TO GO INTO EXECUTIVE SESSION: 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 ZACouncil Packets\2006\R 1 1-2-06\1 0- 19-06 Regular and Executive Session minutes.doc Page 10 of 11 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, LUKENDA HOLDINGS V. TOWN OF FOUNTAIN HILLS). Councilmember Leger MOVED to recess the Regular Session at 7:58 p.m. and to convene an Executive Session. Councilmember Archambault SECONDED the motion. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #14 — RETURN TO REGULAR SESSION. Councilmember McMahan moved to reconvene the Regular Session at 8:22 p.m. Councilmember Archambault SECONDED the motion. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #15 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING SETTLEMENT OF THE LUKENDA HOLDINGS LITIGATION. Mayor Nichols MOVED to direct staff to put together an offer as recommended by the Town's outside legal counsel regarding the Lukenda Holdings Litigation case. Councilmember Archambault SECONDED the motion. There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #16 — ADJOURNMENT. Councilmember Leger MOVED to adjourn the meeting and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 8:25 p.m. TO : ATTEST AND 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 19th day of October 2006. I further certify that the meeting was duly called and that a quorum was present. DATED this 2❑d day of November 2006. Bevelyn J. B61erAown Clerk ZACouncil Packets\2006\R11-2-06\10-19-06 Regular and Executive Session minutes.doc Page 11 of 11