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HomeMy WebLinkAbout2007.0802.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE (kw FOUNTAIN HILLS TOWN COUNCIL August 2,2007 CALL TO ORDER Mayor Nichols called the meeting to order at 6:00 p.m. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Councilmember Kehe, Councilmember Leger, Vice Mayor McMahan, Councilmember Archambault and Councilmember Dickey. Councilmember Schlum was excused from the meeting. VOTE TO GO INTO EXECUTIVE SESSION - PURSUANT TO §38-431.03(A)(1), FOR DISCUSSION OR EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE. EMPLOYEE MAY DEMAND THAT 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. FOR THE PURPOSE OF REVIEWING APPLICATIONS RECEIVED FOR CONSIDERATION FOR THE VACANCY ON THE PARKS AND RECREATION COMMISSION.) Councilmember Dickey MOVED to convene the Executive Session and Councilmember Archambault SECONDED the motion,which CARRIED UNANIMOUSLY by those present(6-0). Vice Mayor McMahan MOVED to adjourn the Executive Session and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). The meeting adjourned at 6:09 p.m. RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Nichols called the meeting to order at 6:30 p.m. • INVOCATION—Pastor Larry Finch,Four Peaks Community Church ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Councilmember Kehe, Councilmember Leger, Vice Mayor McMahan, Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire,Town Manager Tim Pickering, and Town Clerk Bev Bender were also present. Councilmember Schlum was excused from the meeting. • MAYOR'S REPORT (i) Proclamation declaring August 2007 Drowning Impact Awareness Month (bow Mayor Nichols stated that Drowning Impact Awareness Month would raise awareness regarding the fact that the number and impact of child drownings in Arizona affected everyone and the drowning incidents in the State z:\council packets\2007\r8-16-07\08-02-07 minutes.doc Page 1 of 15 • took the lives of the equivalent of a classroom of children each year. The Mayor said that families could take simple steps to protect their children around water to avoid the tragedy of the unnecessary loss of life and added that water safety remained a priority for Arizona families, communities, government and Water Watchers at Phoenix Children's Hospital. He noted that keeping children healthy and safe was the goal of Water Watchers at Phoenix Children's Hospital, Fire Departments and other prevention institutions in Arizona and added that raising awareness would increase understanding and education of effective ways to prevent drownings. Mayor Nichols said that it was his honor to proclaim August 1 through August 21, 2007 as "Drowning Impact Awareness Month"in Fountain Hills. • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Department Division Informational Overview of Services Provided— Building Safety (Chief Building Official Peter Johnson). Town Manager Tim Pickering advised that as part of an ongoing program, this evening Chief Building Official Peter Johnson would provide an overview of the services provided by the Building Safety Department. Mr. Johnson addressed the Council and read his Department's Mission Statement into the record as follows: "The Building Safety Division of the Planning and Zoning Department is dedicated to providing the highest quality construction permitting, plan review and building inspection services in a responsive and customer friendly manner." He noted that the Department was cognizant of the importance of being responsive to the needs of the community. He added that the Division was under the Planning and Zoning Department,headed by Richard Turner, and had eight employees. He outlined the various codes adopted by the Division and said that they had also adopted amendments to the Codes, the most significant one being a requirement for fire sprinklers for all building structures within the community. He emphasized that the purpose of the model codes was to safeguard the publics' health, safety and welfare and provide minimum standards for construction. He said that l staff's goal was to ensure that the standards were met. Discussion ensued relative to the Division's plan review process, the timely issuance of permits, inspections, and Certificates of Occupancy. Mr. Johnson provided in-depth information relative to the Building Safety Divisions operations and goals and discussed the coordinated effort that takes place in order to ensure that the processes carried out were efficient, effective and customer oriented. He also outlined his varied responsibilities and indicated his willingness to respond to questions from the Council. In response to a question from Councilmember Archambault, Mr. Johnson explained that Building Codes were on a three-year cycle and said that the 2006 Codes were out right now and some cities in the Valley were beginning to adopt them. He had already purchased the Codes for the Town with the anticipation that they would be approved by the Council when presented this winter. He added that his staff would be fully certified through the International Council of Building Officials and noted that once they receive certification in each of the model codes, both residential, commercial and plan review, continuing education credits must be earned by attending ongoing education to maintain the certifications. Mr. Pickering commented that when he was appointed Town Manager, one of the rumors floating around was that it was very difficult to build in the Town and during the five years he had been with the Town (the same amount of time Mr. Johnson had been in the Town's employ) that had not been the case. He informed the Council that he hardly receives any complaints regarding the Building Safety Division and commended staff on their excellent performance. Mayor Nichols thanked Mr. Johnson for his presentation and commended him and his staff on their „um) performance. z:\council packets\2007\r8-16-07\08-02-07 minutes.doc Page 2 of 15 CALL TO THE PUBLIC Le. There were no citizens wishing to speak at this time. CONSENT AGENDA Councilmember Kehe requested that Agenda Item#13 be removed from the Consent Agenda and placed on the Regular Agenda. Mayor Nichols advised that Agenda Item#13 would be the first item on the Regular Agenda. AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES OF JUNE 21,2007. AGENDA ITEM#2 — CONSIDERATION OF APPROVING THE LIQUOR LICENSE APPLICATION FOR SWASOOK KIM (KATANA INC., DBA KATANA SUSHI & GRILL) FOR A CLASS 12 — RESTAURANT LICENSE,LOCATED AT 16425 EAST PALISADES BOULEVARD,#103.FOUNTAIN HILLS.AZ. AGENDA ITEM#3 — CONSIDERATION OF APPROVING THE LIQUOR LICENSE APPLICATION FOR PHILIP JESSE GREEN (OB SPORTS, F/B MANAGEMENT (EM) LLC, DBA GOLF CLUB AT EAGLE MOUNTAIN) FOR A CLASS 6 — BAR LICENSE, LOCATED AT 14915 EAST EAGLE MOUNTAIN PARKWAY,FOUNTAIN HILLS. AGENDA ITEM #4 — CONSIDERATION OF APPROVING A PURCHASE AGREEMENT WITH FIVE STAR FORD FOR ONE 4X2 FORD ESCAPE IN THE AMOUNT OF$27,747.29. AGENDA ITEM #5 — CONSIDERATION OF APPROVING THE CONTRACT WITH SUMMIT Ably EMERGENCY EQUIPMENT TO BUILD ONE FIRE PUMPER, TO BE DELIVERED WITHIN 270 DAYS AFTER COUNCIL APPROVAL. COST NOT TO EXCEED$367,127.00. AGENDA ITEM #6 — CONSIDERATION OF APPROVING RESOLUTION 2007-41, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY AND WESTERLY PROPERTY LINES OF PLAT 605D, BLOCK 1, LOT 11 (15236 E. MUSTANG DRIVE) AS RECORDED IN BOOK 164 OF MAPS, PAGE 15, RECORDS OF MARICOPA COUNTY, ARIZONA. EA07-14(REMMERS). AGENDA ITEM #7 — CONSIDERATION OF APPROVING RESOLUTION 2007-42, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE SOUTHWESTERLY PROPERTY LINES OF PLAT 111,BLOCK 2,LOT 2,(16413 E.HEATHER DRIVE)AS RECORDED IN BOOK 150 OF MAPS,PAGE 12,RECORDS OF MARICOPA COUNTY,ARIZONA. EA07-15(MAHONEY). AGENDA ITEM #8 — CONSIDERATION OF APPROVING RESOLUTION 2007-43, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY EASEMENT LOCATED AT THE SOUTHWESTERLY PROPERTY LINE OF PLAT 111, BLOCK 8, LOT 2 (16413 E. ASHBROOK DRIVE,#B) AS RECORDED IN BOOK 150 OF MAPS,PAGE 12,RECORDS OF MARICOPA COUNTY,ARIZONA. EA07-16(HAMILTON). AGENDA ITEM #9 — CONSIDERATION OF RESOLUTION 2007-46, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE PORTION OF THE DRAINAGE EASEMENT LOCATED AT THE NORTHERLY PROPERTY LINE OF PLAT 401A, BLOCK 1,LOT 1 ,, 13B (17008 E. JACKLIN DR.) AS RECORDED IN BOOK 155 OF MAPS, PAGE 11, RECORDS OF MARICOPA COUNTY,ARIZONA. EA07-07(FH QUALITY BUILDERS LP). z:\council packets\2007\r8-16-07\08-02-07 minutes.doc Page 3 of 15 AGENDA ITEM #10 — CONSIDERATION OF RATIFYING THE BOARD OF ADJUSTMENT BY- LAWS THAT HAVE BEEN AMENDED TO CHANGE THE DAY OR REGULAR MEETINGS, ADDRESS OF MEETING LOCATION, NAME OF TOWN DEPARTMENT AND THE TITLE OF THE DEPARTMENT DIRECTOR. AGENDA ITEM #11 — CONSIDERATION OF APPROVING RESOLUTION 2007-36, DECLARING SUPPORT FOR UPDATING THE GENERAL PLAN 2002. AGENDA ITEM#12—CONSIDERATION OF A REPLAT OF PLAT 208,BLOCK 3,LOTS 32,33 AND 34, LOCATED AT THE SOUTHWEST CORNER OF PARKVIEW AVENUE AND VERDE RIVER DRIVE,INTO TWO LOTS. CASE#S2007-09. Councilmember Archambault MOVED to approve the Consent Agenda as listed (with Item#13 moved to the Regular Agenda) and Councilmember Dickey SECONDED the motion. A roll call vote was taken with the following results: Councilmember Kehe Aye Councilmember Schlum Absent Councilmember Leger Aye Councilmember Dickey Aye Mayor Nichols Aye Vice Mayor McMahan Aye Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY by those present(6-0). REGULAR AGENDA AGENDA ITEM #13 — CONSIDERATION OF AMENDING THE PAY PLAN FOR FISCAL YEAR 2007-08 TO INCLUDE THE JOB POSITION OF VOLUNTEER COORDINATOR. Town Manager Tim Pickering addressed the Council and stated that this was a position that the Town has had for years (Volunteer Coordinator) and the person who previously held that position had retired and although staff did not place the title in the budget all of the money required was included in the budget. He explained that staff was simply attempting to correct the omission error. Councilmember Kehe said that he did not object to the position but added that in reading the item, some confusion could result and citizens might think that a new position was being created and funded. He added that he just wanted staff to clarify for the benefit of the public that the position was not a new one. Councilmember Leger MOVED to amend the Pay Plan for Fiscal Year 2007-08 to include the job position of Volunteer Coordinator and Vice Mayor McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #14 — CONSIDERATION OF APPROVING RESOLUTION 2007-39, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE EXISTING 20" PUBLIC UTILITY AND DRAINAGE EASEMENT AT THE REAR OF PLAT 505D, BLOCK 2, LOT 12 (16829 N. SOURDOUGH PLACE) AS RECORDED IN BOOK 151 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY,ARIZONA. EA06-06(BOYD). Town Engineer Randy Harrel addressed the Council relative to this issue and said that this was an item to abandon a public utility and drainage easement at 16829 N. Sourdough Place in the northwest corner of the Town. He referred to a map displayed in the Chambers that outlined the abandonment resolution. He noted that there were four additional abandonments on the Consent Agenda this evening and explained that the reason this one was not on the Consent Agenda was because the applicant had raised an objection to the stipulations z:\council packets\2007\r8-16-07\08-02-07 minutes.doc Page 4 of 15 recommended by staff. This was a request to abandon the 20-foot public utility and drainage easement at the rear and four stipulations were being recommended due to its proximity and other conditions on the lot. Mr. Harrel referred to PowerPoint slides and noted that behind the lot was the Hesperus Wash floodplain (Town-owned property). He said that this was the third largest wash in the Town and the existing FEMA adopted floodplain ends approximately 150 feet downstream (easterly) from the lot, where it begins to exit the Town's limits. The four proposed stipulations were as follows: (1) That the applicant provide hydraulic engineering calculations for Hesperus Wash from the end of the delineated floodplain to the upstream edge of Lot 12; (2) That the applicant provide an engineering scour analysis, in accordance with ADWR standards, verifying that this easement area was safe from future wash bank erosion, or indicating what measures were necessary to protect any future improvements on this lot from erosion (and construct those measures, if applicable); (3)That the applicant remove any remaining private property encroachments from the Town-owned wash property, if any, and (4) That the applicant grant (by separate easement document, which would be prepared by the Town) a 10' x 10' Public Utility Easement at the southwest corner of Lot 12, for existing and potential future utility structures. Mayor Nichols thanked Mr. Harrel for his presentation and invited the applicant to address the Council at this time. James "Scott" Boyd, 16829 N. Sourdough Place, commended the Building Department and advised that he had built a 1200 square foot addition just prior to this request for an abandonment of easement for the purpose of constructing a swimming pool and said that his relationship with staff was very good and they were very helpful. He explained that one of his concerns and objections had to do with the request for 10' x 10' easement at the front of his property. When he purchased the property, he was told by the title company that there was already a 10-foot easement in front of the lot and other staff at the Building Department had indicated that this was the case. His utilities were underground in a box at the present location so that stipulation did not make sense to him. His bigger concern was the request for him, as an individual, to pay for a 100-year flood event study and expressed the opinion that this would place an undue burden on him. On both sides of his property, Nay the owners to the left of his swimming pool had asked for an abandonment of easement that was granted and they recently undertook additional construction(a retaining wall located to the left side of his property) and that was granted without any requests by the Utility Division for a study to be undertaken as far as the flood zone. His neighbor to the right also, within the last year, completed an addition and added a fence at the rear of the property. Mr. Harrel stated that he was having a difficult time believing that in the event the wash became full to the point of overflowing, that many other people would be subjected to floods, not just his property. He had watched the wash during the five years he had lived there and the people before him watched it for 20 to 25 years and the average rainfall had been one foot deep. He therefore, had no concerns about his property and he stated that he had purchased flood insurance. Mr. Boyd questioned who the stipulation would really benefit and stated the opinion that he was being selectively singled out. He said that none of his other neighbors were required to do what he was being asked to do and added that none of his owners were asked to help pay for the original FEMA study that was done. He requested that the Council remove this undue burden from him as a property owner in the Town of Fountain Hills. In response to a request from the Mayor, Mr. Harrel responded to Mr. Boyd's remarks and clarified that there was no ten-foot easement at the front of the lot. He added that there was a Town owned right-of-way between the curb and his property that some people refer to as an easement but that was an incorrect statement. He noted that staff was requesting a 10'x 10' public utility easement behind that to provide clearance around the existing utility box and also for any future utilities. Mr. Harrell stated that both of the adjacent lots referred to by Mr. Boyd were hydraulically higher than his lot and, in addition,the upstream lot(on the left) was located outside of where the flood flow would run and much farther away from the area of the wash. He mentioned that the flood flow in this area was 2,160 CFS, making it the third highest wash flow in the Town. He added that this was a very critical area, was upstream from the dam and had a high flow. Councilmember Kehe requested that Mr. Harrel define"scour"and Mr. Harrel said that was when water washes away dirt and rocks. He referred to a slide that depicted the 90-degree bend in the wash at that location and z:\council packets\2007\r8-16-07\08-02-07 minutes.doc Page 5 of 15 stated that it was pretty much pointing at Mr. Boyd's house. He added that that was one of the reasons for staff's concerns in addition to the fact that there was no flood plain delineated in that area. Mayor Nichols called for a motion to approve Resolution 2007-39. Councilmember Dickey MOVED to approve Resolution 2007-39 and Councilmember Archambault SECONDED the motion. Councilmember Leger asked whether the proposed stipulations were common and said he needed confirmation that the Town was not being selective as far as this individual homeowner's situation. Mr. Harrel responded that the stipulations go above what they would normally require because of the circumstances that existed on the lot and had nothing to do with the homeowner himself. He added that the same stipulations would be required for any lot with similar issues. He noted that the requirement for hydraulic calculations were rare in abandonment situations but that requirement was included on a number of the Town's building permits where there was a flow that was not in a delineated flood plain. Because most of the flood plains were delineated and most were not on the outside of a bend this big, they had probably never included a stipulation to scour and he did not believe they had ever had private property come before them in the past that had private property in one of the Town's washes so this was definitely an unusual case but that was the applicant's doing. He added that the 10' x 10' public utility easement occurred in approximately 20%of the Town's easement abandonments. Councilmember Leger noted that historically engineers submitted a 100-year analysis and asked whether that was what they were requesting in Stipulation #1. Mr. Harrel replied that that was specifically what they were asking for and also under Stipulation #2, the Town sometimes required a scouring analysis along with the hydraulic analysis. Mr. Boyd reminded the Council that any scouring that took place would affect Town of Fountain Hills' property way before it affected his property. He added that the dam was built for flood control purposes. He expressed the opinion that the Town should be responsible for paying for the study. Councilmember Dickey questioned if the pool on the property did not require abandonment whether Mr. Boyd would still be subject to the proposed stipulations. Mr. Harrel responded that he would be because of the lowness of the area and reiterated that they were talking about a flowing wash in the area. Councilmember Archambault asked if an engineering report determined that there was a scouring issue, would it be the Town's responsibility to "firm up the bank" to protect it from further erosion. Mr. Harrel stated that it would be the applicant's responsibility to protect his own property. He added that he would anticipate that staff would just hold the abandonment until the applicant submitted his calculations as part of his fence and pool permit application and then they would be recorded prior to the actual building permit being issued. Councilmember Archambault commented that he understood the extenuating circumstances that exist in this situation,particularly with the 90 degree bend in the wash. Additional discussion ensued relative to the slides outlining the lot and the proposed project. In response to a question from Councilmember Leger,Mr. Boyd stated that if the stipulations were not removed, he had two options. He said that he would not be forced into this situation and expressed the opinion that it represented extortion because it would force him to pay for something that the Town should pay for. He added that he would not build the swimming pool. He said that he built an addition to his home without any questions being raised and asked why all of these issues were now being raised. He advised that he was involved in litigation with the U.S. Government over the Rio Grande River and the taking of his family's property. He said that as a resident he believed he was being selectively placed in the position of defending himself and would pursue legal options to remedy the situation should he not be treated as fairly as his neighbors had been treated. He added that if anyone should have concerns about the wash it was him and he made that decision when he purchased the property. Discussion ensued relative to the addition that Mr. Boyd built on his property and Mr. Harrel explained that the same stipulations were not necessary for that project since the low point at the rear property line was z:\council packets\2007\r8-16-07\08-02-07 minutes.doc Page 6 of 15 approximately four feet lower than the addition that was built. He added that staff did not have a concern about the house but did have a concern regarding the rear property line that was 30 feet closer to the wash bank. Councilmember Leger asked whether elevating the land to the house level would negate the need for the added stipulations and Mr. Harrel responded that filling the lot in the lower area to elevate the pool to the house level may be shown as needed in the study. He said that staff had not stipulated that as an alternative but the option could certainly be pursued if the Council wished to proceed in that manner. Councilmember Leger stated that he would like to stipulate that because he believes that it would provide the resident an option. Councilmember Leger MOVED to amend the motion/stipulation to include language that states "or alternative construction measures satisfactory to Town staff." Mayor Nichols commented that the Council was trying to do staff's work from the dais and he would prefer that they table this issue to allow staff to work out the details and then bring the matter (alternative options) back before the Council for discussion and action. Councilmember Leger concurred with the Mayor's comments and said that he would like the matter to be further explored. Mayor Nichols MOVED to table this agenda item to allow staff and the applicant to work together on this issue and then bring recommendations back to the Council at a future meeting. Vice Mayor McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #15 — CONSIDERATION OF APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FOUNTAIN HILLS CHAMBER OF COMMERCE TO PROVIDE TOURISM SERVICES. Mr. Pickering addressed the Council relative to this agenda item and noted that staff had put out Requests for Proposals (RFP) for four different types of services: Youth Arts, Youth Services, Social Services and Tourism. The Town participated in actively pursuing tourism by contracting out that work and traditionally they had done that with the Chamber of Commerce on a year-to-year basis. The Council, approximately one year ago, agreed to do a three-year program with all of those types of services and this was the final one. Staff received one proposal back in response to the Tourism RFP and that was from the Chamber of Commerce and they outlined their scope of services. The scope included providing a Tourism Director, some part time staff to help with tourism, providing visitor packets and pamphlets, familiarization trips to encourage people to visit the Town, etc. That proposal was sent forward to the Council. The only stipulation that was not in the contract was the one regarding contracting with the Scottsdale CVB, which was originally included in the scope of services but were unable to come to an agreement with Scottsdale's CVB, but the Fountain Hills Tourism group was actually providing some of those services and so the agreement currently reads that that Fountain Hills would provide a number of those services instead of the Scottsdale CVB. Mr. Pickering advised that they had reached an agreement with the Chamber of Commerce as far as staff was concerned and that document was before the Council this evening for approval. Mr. Pickering introduced Mr. Frank Ferrara, President and Chief Executive Officer of the Fountain Hills Chamber of Commerce, who addressed the Council and requested approval of the contract. He noted that the Visitors' Bureau started five years ago and added that the Town had always had a Visitors' Bureau under the Chamber of Commerce as long as he had been around but they formally entered into an agreement to form a Bureau with more than just a Committee of the Chamber. They reached out to all aspects of the business community and the Visitors' Bureau had been functioning as a committee of the Chamber since then and it was operated by an Advisory Committee to the Chamber of Commerce through the Visitors' Bureau. A chair was elected each year and standing public meetings were held once a month, agendas were posted and all of the Town's businesses were encouraged to attend the meetings and generally 30 people attend. z:\council packets\2007\r8-16-07\08-02-07 minutes.doc Page 7 of 15 Mr. Ferrara informed the Council that although discussions at the meetings were not binding, they did discuss how they were going to operate the Bureau and the recommendations were presented to the Chamber of Commerce Board of Directors who had the ultimate say on how the monies would be expended. He added that they had a relationship with the Scottsdale CVB early in 2003 only because they thought at that time, because their assets were limited and that they could obtain some recognition by joining up with that group. He said that the association worked well in the earlier years but as they grew and increased their own assets, they decided that they had a good product to sell right here in Fountain Hills. He stated that the Yavapai Nation had joined them in partnership and they now had a lot to sell and with the McDowell Mountain Regional Park joining them as well,they now had a regional enterprise to sell. He commented that the Scottsdale CVB,understandably,was interested in serving Scottsdale and discussed the good relationship that existed between the Town's organization and Scottsdale's organization. He noted that the Chamber of Commerce, through the funding that they receive, paid a fee to belong to the Scottsdale CVB. The amount, three or four years ago, was approximately $40,000, a significant amount of money and in fact was almost their whole budget at that time. The second year, the fee dropped down to $30,000 because they felt that what they were getting was not quite what they wanted to get from the Scottsdale CVB and the third year, the figure was reduced again to $20,000 because they were not receiving services that they anticipated. Mr. Ferrara stated that the Scottsdale CVB failed to help them achieve the goal of making Fountain Hills a destination point. He also discussed the fact that the Scottsdale CVB indicated that the fee Fountain Hills would need to pay had increased to$75,000 and stated the opinion that what they were going to receive for that dramatically increased amount was the same level of service that they had received for$20,000(about half of their budget from the Town). Discussion ensued relative to negotiation efforts that took place, additional history and information relative to the request currently before the City Council, the fact that they were willing to pay a fee of$35,000, subject to receiving additional services, but the Scottsdale CVB responded to the proposal and found it to be unacceptable (they still wanted $75,000 and the scope of work remained unchanged) and Mr. Ferrara's opinion that the services they were offering to provide were not worth that amount of money. Mr. Ferrara said that the Town of Fountain Hills now had all the assets it needed and the goal was to spend the money wisely and make Fountain Hills a destination point. He urged the Council to approve the Professional Services Agreement before them at this time and thanked the Council for the opportunity to address them. Mayor Nichols MOVED to approve the Professional Services Agreement between the Town of Fountain Hills and the Fountain Hills Chamber of Commerce to provide tourism services and Vice Mayor McMahan SECONDED the motion. Councilmember Archambault said that he reviewed the letter received by the Town Manager and the $75,000 was based on one half of a percent of the 3% bed tax that the Town collects. He asked whether anyone conducted a study to determine whether that amount would be reached. Mr. Ferrara said that a study was done and it was determined that they would not reach that amount. He added that what the entire Chamber wanted was a grant from Town out of the General Fund and said that discussions took place regarding this issue and it was their feeling that if the Chamber went for the bed tax,they probably would not get what they asked for. Councilmember Archambault clarified that the letter stated that the $75,000 was a cap but the money that the Scottsdale CVB wanted was one half of a percent of the 3%bed tax that the Town collected. He asked whether the Town would hit the $75,000 mark and Mr. Pickering responded that they would. He added that the fee would not fall below that amount. Discussion ensued relative to business members that were not Chamber members and the importance of promoting all of the businesses in Town; the fact that the Chamber promoted the Town of Fountain Hills and all of its assets; Councilmember Leger's point that the full contract amount was $525,000 and in FY 2007-08, $150,000 was budgeted; the fact that the contract contained "implied justifications" for increasing the contract ,va) by$25,000 in FY 2008-09 and another$25,000 in FY 2009-2010;Mr. Pickering's response that accountabilities were changing; measurements, and the fact that the bottom line was hotel sales and if the contribution increases z:\council packets\2007\r8-16-07\08-02-07 minutes.doc Page 8 of 15 16%, they would ask that the hotel sales also increase 16% and the same for the next year; performance measurements and staff's opinion that the amount of contribution from the Town should equal the results; the "reach" that Scottsdale has; the Chamber's confidence in its ability to meet the goals and anticipated future partnerships to meet the goals and maximize dollars spent; performance measurements and the importance of accountability and the fact that the"targets"would increase as more beds come on line. Councilmember Kehe stated that he shared the concern expressed by Councilmember Leger relative to the fact that the Town would no longer be associated with the Scottsdale CVB because of that organization's "wide reach." He said that he read that the Fountain Hills Tourism Bureau was going to restrict its advertising to a local/regional basis but the document he read also talked about Chicago, New York, etc. and asked for clarification relative to this issue. Mr. Ferrara responded that those were familiarization trips (media print). He said that they also had an aggressive public relations program that would take Fountain Hills into the markets with their booths. They were talking about conventions and familiarization trips that Chamber members would attend. He explained that when he spoke about international, he was speaking about print advertising and people going to places to help Fountain Hills and the Fort McDowell region instead of reading about it. They would solicit business from locations such as Chicago and New York as well as other areas they determine would benefit the Town. Additional discussion ensued relative to gross hotel sales and the fact that the State did not allow the Town to give out those numbers; the fact that 06-07 was fairly close to their starting point and Mr. Pickering's opinion that the goals were adequate and would not be difficult to achieve; the approximate number of beds in Fountain Hills (approximately 239)and the fact that the goal was to increase the number of beds. Mayor Nichols asked whether there were any citizens who wished to speak on this issue and requested that they come forward at this time. Alior Anita Smith, 15402 E. Acacia Way, Human Resources Director for the Copperwynd Resort & Club, addressed the Council and introduced Karen Carson, the Corporate Controller for Suntec Development, the owner and developer of the Resort. She said that they were asked to attend the meeting to represent Copperwynd and Neal Ginsberg this evening. She stated that as a hotel resort located in Fountain Hills, they would like to emphasize the importance of continuing the relationship between Fountain Hills and the Scottsdale CVB. She added that Town funds allocated towards tourism also include the fee to retain the relationship with the Scottsdale CVB. She noted that the Resort benefits directly by the leads generated by that organization (35 to 45% of their annual business was the direct result of the leads from the Scottsdale CVB marketing and direct sales efforts). They received five to ten direct sales calls on a weekly basis from the CVB and this allowed the Resort the opportunity to participate and join in on all of the many sales missions, client events, media events and trade shows planned annually on a cooperative and very cost-effective basis. She noted that the Scottsdale CVB's website provides Copperwynd enormous exposure to all markets, both nationally and internationally, and said that sustaining that relationship was very important to the Copperwynd Resort & Club. They receive approximately 3,000 direct clicks on their website from Scottsdale CVB's website on an annual basis and the website also provided Copperwynd an opportunity to showcase and market custom packages, seasonal promotions and group offers. Copperwynd received an average of 300 direct links monthly on these offers along. Ms. Smith added that the Scottsdale CVB provided an opportunity to participate in quarterly e-mails to many thousands of group, leisure and travel agency contacts for a very nominal fee. She said that it was their understanding that the bed tax dollars collected from their hotel guests support funding to the Town and the Tourism Committee. She stated that they feel strongly that it was in their best interest to retain the relationship with the Scottsdale CVB and said that it was a relationship that they had depended upon for several years and need to continue. She noted that the continued relationship affected them presently to keep business going now it and questioned whether future hotel development would be negatively impacted if the relationship was severed. She further stated that the hotel bed tax dollars generated by the area hotels was a tremendous source of income to the Town and they feel they should have a say in how these tourism dollars were allocated. She urged the z:\council packets\2007\r8-16-07\08-02-07 minutes.doc Page 9 of 15 Council to allow the relationship with the Scottsdale CVB to continue and ended by saying that they cannot afford not to have this relationship. Mayor Nichols thanked Ms. Smith for her input. Sam Trivedi, 17105 E. Shea Boulevard, General Manager of the Fountain Hills Comfort Inn, addressed the Council and said that Fountain Hills lacked some of the amenities that people desire such as an Applebee's, Mimi's Café or Barcelona restaurants. He added that when people attend conventions they depend upon all of the amenities and although he was not saying that the efforts expended by the local Chamber of Commerce were not adequate,he believed that the Town's relationship with the Scottsdale CVB was vital to the community. He reported that 20%of the Inn's income comes from that organization's leads; a tremendous amount of leads were generated as a result of e-mails. The Town's sales tax, about 12.87%, was higher than Scottsdale's sales tax and that City offers a tremendous amount and variety of amenities. He added that Arizona was known because of Scottsdale, not because of Fountain Hills, Tempe or Phoenix and stressed the importance of continuing the relationship with the Scottsdale CVB. Mayor Nichols thanked Mr.Trivedi for his comments. Councilmember Kehe stated that he was moved by what he had heard from the hotel people and in some way, without usurping some of the decision making of the Chamber, asked whether there was some way that this issue could be revisited. He said that he had heard the hotel representatives' remarks about the importance of the Scottsdale CVB to their overall operations and success and added that perhaps they could be brought into the process and financially help to make up the difference. He stated that he was "reaching for straws" at this point because he knew that the Scottsdale CVB was a top flight organization with a lot of influence in a broad area and he had concerns that they were cutting that off. He requested input from the members of the Council. Councilmember Leger commented that he believed it was unfortunate that they would not be engaged in that partnership throughout 07-08, however, late this evening he received correspondence that delineated the extensive process that the Town and individuals involved in the negotiations went through with Scottsdale. He agreed that they were a tremendous organization but said that their Board's correspondence clearly stated that they would only do business with Fountain Hills with regard to the contract under discussion(the parameters of which were $150,000) unless the Town "hits the mark" of $75,000. He stressed the importance of understanding the background and amount of time that had been invested in this process. He also noted that budget was approved over two months ago and this particular issue was"still up in the air." Discussion ensued relative to the significant benefits the local hotels receive from the Scottsdale CVB as a result of paying a nominal fee and being members. Councilmember Dickey MOVED to table this item and direct staff to once again meet with the Scottsdale CVB and ask some of the Chamber and hotel representatives to participate in the meeting. Councilmember Archambault SECONDED the motion, which CARRIED BY MAJORITY VOTE of those present(5-1, with Vice Mayor McMahan voting Nay). AGENDA ITEM #16 — PUBLIC HEARING TO RECEIVE COMMENTS ON A SPECIAL USE PERMIT TO ALLOW A 35' TALL STEALTH SAGUARO CACTUS COMMUNICATION TOWER AT THE INN AT EAGLE MOUNTAIN. CASE#SU2007-07. Mayor Nichols declared the hearing open at 8:05 p.m. Senior Planner Bob Rodgers provided the Council with an overview of this agenda item and stated that this was an application from T-Mobile to construct a 35-foot communications tower in the shape of a saguaro cactus. It would also have ground mounted equipment in an enclosure and would be located at the Inn at Eagle Mountain. He referred to a map that displayed the general location of the tower and slides that depicted the area and z:\council packets12007\r8-16-07\08-02-07 minutes.doc Page 10 of 15 , proposal and the Town's existing tower. He commented that the tower being proposed was more realistic looking that the existing tower. Mr. Rodgers advised that staff recommended approval of the Special Use Permit. In response to a question from the Mayor,Ms. Bender advised that a representative of the applicant was present and had indicated he would speak on the issue if requested by the Council. There being no citizens wishing to speak,the Mayor closed the public hearing at 8:08 p.m. AGENDA ITEM #17 - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW A 35' TALL STEALTH SAGUARO CACTUS COMMUNICATION TOWER AT THE INN AT EAGLE MOUNTAIN. CASE#SU2007-07. Councilmember Archambault MOVED to approve the Special Use Permit and Councilmember Leger SECONDED the motion. Councilmember Archambault commented that the Town currently had two stealth towers in place. In response to a question from Councilmember Leger, Mr. Rodgers advised that T-Mobile did not presently have a stealth tower located in Fountain Hills and confirmed that the company had constructed similar towers in other municipalities, similar to the one being presented this evening. The motion CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #18 - CONSIDERATION OF ORDINANCE 07-08, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 10, HEALTH AND SANITATION, ARTICLE 10-2, Aby LITTER; NUISANCES, SUBSECTIONS 10-2-2-, 10-2-16 AND 10-2-17 RELATING TO EMERGENCY ABATEMENT OF NUISANCES CREATED BY IMPROPERLY MAINTAINED POOLS, SPAS AND SIMILAR WATER FEATURES;AND DECLARING AN EMERGENCY. Planning and Zoning Director Richard Turner addressed the Council relative to this agenda item advised that last August the Council approved a change to the same Chapter of the Town Code dealing with swimming pools and other water features. The amendment established that it was a violation to maintain a pool in a stagnant condition but it did not deal with process. The proposed change before the Council this evening dealt with the process and proposed an expedited process for dealing with the most serious violations of the Town's Green Pool Regulations. In the last six months, the Code Enforcement Section had been working on approximately 36 code violations that involve un-maintained pools. Staff was usually able to resolve a majority of the cases when they could obtain the cooperation of the property owners. He outlined the current process (send a letter to the owner and provide 30 days in which to rectify the situation) and said that if the owner was unresponsive, staff was able to enter the property after the 30-day period to abate the violation with the costs being assessed to the property owner. The process worked in most cases but there were violations that were so serious that a more immediate solution was warranted because of public health and safety concerns. Mr. Turner noted that cases of West Nile Virus were on the increase. Mosquitoes that carry this potentially deadly disease breed in stagnant water such as was found in un-maintained pools. The County Health Department did a good job of staying on top of the problem but the Town's Code Enforcement staff was in a much better position to take quick action to cause the abatement of unsanitary and un-maintained pools. In situations where it was dangerous to wait 30 days to achieve compliance, a more immediate solution was necessary. The proposed change to the Town Code provided for three methods of owner notification before staff could abate an "imminent hazard." The new procedure would allow staff to act 24 hours after notice had been provided to the property owner(3 days in the case of mailed notification). The cost to the Town associated �` with the abatement actions were assessed to the property owner. The amount of the assessment could be appealed to the Town Council. An unpaid assessment results in a lien upon the property. z:\council packets\2007\r8-16-07\08-02-07 minutes.doc Page 11 of 15 Mr. Turner advised that the Town Code amendment would apply to swimming pools, spas, ponds or similar water features that were in a condition that poses a health or safety hazard, harbors insect infestation or created visible deterioration or blighted appearance. He added that "imminent hazard" was defined in the proposed ,,v) amendment as "a condition existing upon any real property, whether within or without a building that, if left un- mitigated, would cause a reasonable person to believe that such condition presented an immediate threat to life, health or public safety." In addition to dealing with the obvious threat of West Nile Virus, the new regulation would also allow staff to shore up an unsecured or breached pool fence, thereby removing a possible drowning hazard. Mr. Turner informed the Council that staff would continue to use the present 30-day process to abate most green pool violations and said that the emergency process would be used infrequently and only in those instances where the property owner was uncooperative and the hazard was extreme. Mr.Turner stated that staff recommended approval of the ordinance. There were no questions from the Council and no citizens wishing to speak on this agenda item and the Mayor called for a vote. Councilmember Kehe MOVED to approve Ordinance 07-08 and Vice Mayor McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #19 — CONSIDERATION OF RESOLUTION 2007-45, IMPLEMENTING THE MEASURES OF THE MARICOPA ASSOCIATION OF GOVERNMENTS (MAG) FIVE PERCENT PLAN. Director of Public Works Tom Ward addressed the Council relative to this agenda item and explained that the proposed resolution had come to the Town by way of the Maricopa Association of Governments (MAG). MAG had been designated by the Governor as the Regional Air Quality Planning Agency in Maricopa County and therefore, the Maricopa County non-attainment area was classified as a Serious Area for PM-10 particulate matter according to the Clean Air Act. Because the Maricopa County non-attainment area failed to attain the PM-10 standard by December 31, 2006,a plan was required to reduce PM-10 emissions by five percent per year until the standard was met. Mr. Ward briefly outlined the proposed PM-10 measures (a copy available in the office of the Town Clerk) and said that staff recommended approval of the resolution. Councilmember Dickey MOVED to approve Resolution 2007-45 and Councilmember Archambault SECONDED the motion. Councilmember Dickey said that she provided the Council with copies of all of the PM-10 measures from MAG so that they could see the entire scope. She also mentioned that Senate Bill 1552 passed and noted that it had ramifications and responsibilities that the Town would have to assume. She noted that there were ongoing measures and processes in place that would continue and said that she was extremely pleased with the progress that was being made. She emphasized the importance of heightening awareness of this critical issue. Ms. Bender advised that there were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #20 — QUARTERLY UPDATE BY THE TOWN MANAGER ON IMPLEMENTATION OF THE COUNCIL'S GOALS FOR FISCAL YEAR 2006-07. Town Manager Tim Pickering addressed the Council and said that each year at the Council's Retreat,goals were set by the members. He said that staff had accomplished many of the goals and this represented their final report for Fiscal Year 2006-07 and next quarter he would present the Council with an update on the 2007-08 goals. Mr. Pickering briefly outlined the eight goals as follows: z:\council packets\2007\r8-16-07\08-02-07 minutes.doc Page 12 of 15 r • To identify and inform Fountain Hills residents of the projected long-term revenue gap and decide 2007 ballot initiative. Le • 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. • To promote the use of low-water landscaping in new Fountain Hills developments. • To strictly enforce the General Plan and Town ordinances. • Create a commercial architecture review board to regulate architectural physical appearance for commercial properties. • Annex the State Trust Land into Fountain Hills. • To create a plan for pedestrian safety in Fountain Hills. • To improve the business community and the Town. Mr. Pickering reported that staff had accomplished 100% of five of the above listed goals and they were very close to achieving many of the other ones. They had continually worked with the schools and the only reason they did not reach 100% in this category was because they have a meeting next month that was supposed to take place last month. He said that some of the accomplished goals had gone way beyond his expectations, specifically the low-water landscaping. He said that this program had been extremely successful and the citizens had gotten behind it and attended seminars. He commended the Council on the enforcement of the General Plan and stated that since the Strategic Plan was approved the Council had really "stuck to their guns" and continued to enforce the Zoning Ordinances that were in place as requested by the residents. Mr.Pickering added that the Town had annexed the State Trust Land and completed the architectural guidelines. Those guidelines were in place right now and affecting the future of the community. The long-term revenue gap continued (they were in the second phase of that right now) and as far as the Pedestrian Safety Plan, he was 460. happy to report that staff was going to hold the next Workshop within the next couple of weeks on this issue. They were going to put forth their sidewalk plan that indicated all locations of future sidewalks throughout the community and also looks at a"round-about"in one of the Town's identified dangerous intersections. He added that staff continually works on improving the business community relations in concert with the Chamber of Commerce. He said that he was very happy with the success of the goals and although they had not achieved 100% success, they continue their efforts to achieve that goal. He indicated his willingness to respond to questions from the Council. Councilmember Dickey stated that in May she attended a meeting held by the Arizona Public Health Association and Arizona Department of Transportation (ADOT) and said that they had a Safe Schools Program in place with sidewalks and grant funds were available for that purpose. She added that they also discussed "walkable communities"and said those were two of the goals. Mr. Pickering commented that staff applied for the grant monies and funds would be received. They did not have them this year, but when they talk about this at their Pedestrian Workshop he was sure this issue would be brought up — making sure that pedestrians were safe around schools — and staff was "on top of this important issue." Councilmember Dickey said that she also attended a meeting last spring and the Mayor's Youth Council was in attendance and made a presentation along with some of the other high schools around the State. She stated that the Mayor's Youth Council did a program where they gave some funds. She added that they had discussed domestic violence and when she attended the presentation a number of the youths said that they look for projects to become involved in and wanted to help. She suggested that this was something that they might be able to get together on and do a project. She further stated that the Phoenix magazine that put Fountain Hills at number two this year mentioned crime and unfortunately incidents of domestic violence do occur. She said that she would like to see that become something that staff gets together with the School District and youth to pursue. z:\council packets\2007\r8-16-07\08-02-07 minutes.doc Page 13 of 15 Councilmember Dickey also commented on the projected gap and noted that the School District had come up with some things that they were going to try and do. She said that they should be talking about their level of cooperation. The School District was finding out that their tax rate was going down in some ways as they knew it would as more people move in so it was a favorable outlook and that was something she would like to discuss further. Another issue had to do with some pranks that had occurred over the last couple of months and that was an additional avenue to discuss with the School District and youths, a respectful relationship with the Sheriff's Department and how they could continue to work with that. She added that hopefully they would all get to meet the Superintendent at their joint meeting. Mr. Pickering advised that he had met with the Superintendent and added that he also invited the Superintendent to attend one of the Town's Council meetings to introduce himself to everyone. AGENDA ITEM#21—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER. Mr. Pickering stated that he would get together with the Chamber of Commerce and some of the hotel representatives and contact the Scottsdale CVB to see what they could work out. Mayor Nichols added that there was also the item that was tabled regarding the abandonment easement and Mt. Pickering advised that the Engineering staff would get together with the applicant regarding this issue in an attempt to come up with an alternative proposal. AGENDA ITEM #22 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. (TWO ITEMS) 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: This item was brought forward at the request of Councilmember Dickey for consideration of placement on a future agenda for Council action: A) DISCUSSION WITH POSSIBLE DIRECTION to staff to research participating in the Arizona Rinse Smart Program. Councilmember Dickey stated that in March she had read an article about Sedona joining the Arizona Rinse Smart Program and she thought it sounded like a good thing to check into. She ultimately met with a group of involved individuals to discuss this matter and they all agreed that this looked like something they would like to pursue. She noted that Mr. Ferrara and the other individuals were all very supportive of moving ahead with this and said that if the Council had an opportunity to review the information provided, they know that the program was totally voluntary and free and participation was up to the individual restaurants. She presented additional information relative to this issue and requested support from the Council relative to this issue. Mayor Nichols and Councilmembers Leger and Archambault indicated support for directing staff to move forward on this issue. This item was brought forward at the request of Councilmember Kehe for consideration of placement on a future agenda for Council action: B) PROPOSAL THAT THE TOWN'S DEVELOPMENT IMPACT FEES be amended to include an index provision(construction materials index and a cost-of-living or general merchandise index). Councilmember Kehe stated that during the budget Work Study some months ago, the issue of development impact fees was brought up relative to the Town's current numbers and at that time Town Attorney Andrew z:\council packets\2007\r8-16-07\08-02-07 minutes.doc Page 14 of 15 McGuire suggested that there was indeed a way to adjust impact fees based upon some sort of an index that would involve construction materials, costs and the cost of living general merchandise index. At the budget Lie meeting to approve the current budget the Council allocated $10,000 toward a study into the possibility of employing an index provision so that they could keep up to date on their development fees. Councilmember Kehe urged the Council to support this proposal. Mayor Nichols and Councilmember Dickey indicated support for Councilmember Kehe's recommendation. Mr. Pickering stated that staff contacted the Town's previous contractor who conducted the last study and he said that the cost would be between $75,000 and $80,000 and only $10,000 had been budgeted. Mr. Pickering said that he would be happy to research whether they could just do the index and try and bring down that cost (preferable option) but if that was not an option, he would look into the matter and determine where the money could be located in the budget to pay for the cost and make that change. AGENDA ITEM#23—ADJOURNMENT. Vice Mayor McMahan MOVED that the Council adjourn . •• Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY by those present(. 0 The meeting adjourned at 8:40 p.m. TOWN OF FOUN HILLS 0I / By /evi ` . Wally 4 ichols, ayor ATTEST AND Lie PREPARED BY: Bevelyn J. n ,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills on the 2°d day of August 2007. I further certify that the meeting was duly called and that a quorum was present. DATED this 17th day of August 2007. Bevelyn J. B der own Clerk z:\council packets\2007\r8-16-07\08-02-07 minutes.doc Page 15 of 15 j