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HomeMy WebLinkAbout2007.1018.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE (or FOUNTAIN HILLS TOWN COUNCIL October 18,2007 Mayor Nichols called the meeting to order at 5:00 p.m. AGENDA ITEM#1—ROLL CALLAND 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, Councilmember McMahan, Councilmember Schlum and Councilmember Archambault. Town Attorney Andrew McGuire, Planning and Zoning Director Richard Turner,Director of Parks and Recreation Mark Mayer, Senior Planner Bob Rodgers (5:17 p.m.) and Town Clerk Bev Bender were also present. Vice Mayor Dickey joined the meeting at 5:03 p.m. VOTE TO GO INTO EXECUTIVE SESSION: (i) PURSUANT TO A.R.S. §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 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 AN APPLICATION RECEIVED FOR CONSIDERATION FOR FILLING VACANCIES ON THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION AS WELL AS THE INTERVIEW OF ONE APPLICANT FOR THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION): AND (ii) PURSUANT TO §38-431.03(A)(4),FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION. (SPECIFICALLY, a) A POSSIBLE UPDATE REGARDING NEGOTIATIONS FOR A POTENTIAL DOWNTOWN DEVELOPMENT CONTRACT AND b) THREATENED LEGAL ACTION REGARDING CUT WAIVER) AND iii (PURSUANT TO §48- 431.03(A)(3), FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATORNEY OR ATTORNEYS OF THE PUBLIC BODY. (SPECIFICALLY, LAND USE REGULATIONS RELATING TO NEGATIVE SECONDARY EFFECTS.) Councilmember Leger MOVED to convene the Executive Session and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). Vice Mayor Dickey MOVED to adjourn the Executive Session at 6:25 p.m. and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). AGENDA ITEM#2—RETURN TO REGULAR SESSION Mayor Nichols reconvened the Regular Session at 6:33 p.m. • INVOCATION—Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 1 of 16 • ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Councilmember Kehe, Councilmember Leger, Councilmember McMahan, Councilmember Schlum, Councilmember Archambault and Vice Mayor Dickey. Town Attorney Andrew McGuire,Town Manager Tim Pickering and Town Clerk Bev Bender were also present. • MAYOR'S REPORT i) ATACO RECEPTION Mayor Nichols stated that on November 7th a signing ceremony with the Town's Sister City from El • Salvador, Ataco would be held. He noted that Mayor Oscar Gomez would be in attendance. A reception would take place from 5:00 p.m. until 6:30 p.m. at the Community Center. The Mayor invited everyone to the reception and stated that the official Sister City papers would be signed at that time, light refreshments would be served and everyone would have the opportunity to meet three students from Ataco who would be spending six weeks in the Town's schools as part of an exchange program. • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) REPORT ON POSSIBLE REVENUE SHORTFALL OPTION(S)PRESENTED BY THE STRATEGIC PLANNING ADVISORY COMMISSION(SPAC). Strategic Planning Advisory Commission Chairman (SPAC) addressed the Council relative to this agenda item and highlighted a brief PowerPoint presentation outlining a report prepared by the SPAC on possible revenue shortfall options. (A complete copy of the presentation is available in the office of the Town Clerk.) Mr. Jerry Butler, Chairman of the SPAC, advised that he also served as Chairman of a Subcommittee that was formed to look into the revenue solutions issues. He advised that also present this evening was Niai Mr. Dick Bauer, Chairman of the Community Focus Group, would also join in the presentation this evening. Mr. Butler stated that this evening he was present to discuss the one item that remained from the 2005 Strategic Plan — to resolve the long term revenue issues for the community. There were six items in the Strategic Plan and this was the one remaining issue to be addressed. Last month,the SPAC presented an overview of the group's accomplishments to date and reviewed the highlights of a financial study conducted by T.L. Hocking & Associates, municipal finance consultants, and shared with the Council the steps remaining to fulfill the December 31, 2007 deadline for resolving the revenue issues. This evening, he said he would share with them a revenue solution package that the Community Focus Group had prepared to take before the residents of Fountain Hills for their consideration this fall. The report would cover what had been taken into account to arrive at the proposed package and outlines what would happen between now and the time they would return on December 20th. He referred to a slide that stated "Our Town, Our Choices" and said that for everyone in the community this would be their choice to make. Mr. Butler further stated that today was the first step in the communication and education component regarding the problems, issues and possible solutions. He asked everyone to keep in the back of their mind this evening the things that were unique to Fountain Hills — pristine views, the Sonoran Desert, beautiful parks, life style amenities, small town ambience and maintaining property values. Mr. Butler provided background information and advised that they were talking about a three-year program; it was not new, it was a part of the 2005 Strategic Plan, which identified a need to achieve financial stability. In 2006, the SPAC developed an investigative process to review this issue and a citizen tem researched revenue options in 2007. He discussed the work process, which included: z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 2 of 16 • Identifying key issues and comparing them to other communities with similar characteristics as Fountain Hills; Lor • Using a municipal Finance expert (Hocking & Associates) to review their situation and make recommendations; • Developing and implementing a communication plan to inform citizens of the issues and recommendations (including a survey). Mr. Butler also discussed current issues and problems and noted that there were six key concerns that include (1) Insufficient funds for future needs; (2) A limited economic base; (3) Reduction in future revenue streams; (4) High vulnerability to external factors; (5) Tax burden falls unequally and (6) lower voter turnout. He said that as far as the first concern, insufficient funds for future needs, the group determined that the need to reserve money for street rehabilitation, the maintenance of the Town's ten buildings and establish an economic stabilization fund. He noted that the Town's reserves were only one half of comparable cities. As far as the Town's limited economic base,Mr. Butler stated that the Town's per capita sales tax collection was 67% of comparable cities (based on the Hocking Report) and reported that the Town's population would top out at 34,000 residents. He noted that only 1% of remaining developable land was zoned commercial. He discussed the reduction in future revenue streams and said that construction-related activity would decline as the Town approaches build-out. State shared revenue may decline as the Town's population growth slows. 67% of Town revenue was subject to a declining trend. As far as the Town's high vulnerability to external factors, Mr. Butler stated that sales taxes were vulnerable to economic cycles and State shared revenues were subject to legislative intervention. 74% of the Town's revenues were subject to external factors. Mr. Butler also discussed the fact that the Town's tax burden was unequal and said that local sales tax revenues fund the majority of Town services including fire and police services. Full time residents carried a disproportionate share of the retain tax burden. He noted the Town's low voter turnout and reported that approximately 10% of the population set the direction of the Town's governing decisions. Younger individuals were less likely to vote in local elections. Fountain Hills had 14,000 registered voters yet between 2,000 and 3,000 residents vote in local elections. He said that over the next several months, the group intended to actively work on finding ways to get citizens more interested in the community. Mr. Butler requested that Mr. Bauer provide an overview of the Community Focus Group involvement, analysis and proposed package. Mr. Bauer addressed the Council and stated that the Community Focus Group (CFG) recognized two major elements inherent in the problem: (1) A current revenue shortfall in dollar terms (such as building the reserves and replacing streets) and (2) A structural problem with the way revenue was generated (vulnerability to external factors and unequal burden on citizens). The CFG identified two major areas that would need additional funding over the next five years: (1) Building the reserves to the levels recommended by the Hocking Report and (2) Street replacement program as outlined in the recently completed external consultant's report. The CFG estimated that these would require additional revenue of$4 to$6 million each year for five years. Mr. Bauer further stated that the CFG identified four possible options by comparing what impact each option would had in solving the problems: (1) Cut costs and services; (2) Increase user charges for Town services; (3) Increase fees (e.g. development fees, building permits, etc.) and 4) Change sales and property taxes. He said that the goals could also be accomplished by utilizing any combination of the above listed four items. He discussed the CFG's process and reported that Option 1 was analyzed and discarded based on the Town having the lowest expenditure per capita of the comparable Low community groups and Option 2 was also discarded based on the CFG's assessment of the value of the services provided to the whole population. z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 3 of 16 Mr. Bauer outlined recommended key actions, which included: (1)Acquiring the capability to conduct a sales tax and business license audit to ensure optimum collectability; 2) Design and implement a storm water/wash hazard prevention utility; 3) Levy a primary property tax of$1.00 per$100 assessed valuation and 4) reduce sales tax. He outlined the estimated impact range of the various actions listed above and said that additional recommendations include: (1) Establishing an aggressive economic program(including incentives and rezoning) to market vacant land, especially downtown, on Shea and on/around Saguaro Boulevards; 2) Consider increasing the current 15% coverage ordinance for R140 lots to 20% and 3) Further review of development fees and building permit costs with a view to increase(a one-time fee). Mr. Bauer said that the next steps were as follows: 1) The CFG would begin to disseminate this information during the October 20th to the end of the November period; 2) A statistically valid survey sample would be conducted during the last half of November and 3) Final recommendations would be presented to the Town Council by December 20, 2007. He thanked the Council for the opportunity to address them this evening regarding this critical issue. Mayor Nichols thanked Mr. Butler and Mr. Bauer for their hard work and informative presentation. The Mayor also asked the members of the SPAC and CFG present in the audience to stand and be recognized for their efforts on behalf of the entire community. Mr. Butler advised that a Community Forum for the public had been scheduled for November 15th at the Community Center. One session would take place in the afternoon and another in the evening and he invited everyone to attend. He added that they would also be publishing and circulating some written information regarding the presentation this evening that would provide website as well as mailing address information that citizens could utilize to send input/responses back to the groups. He emphasized that they were trying to reach out to everyone in the community in one way or another. Mr. Butler said that information regarding the meetings would also be available on Channel 11. Mayor Nichols requested that Mr. Ferrara also do a "Chamber Blast" to advise members of the meetings as well. ii) RECOGNITION OF SERVICE TO THE TOWN TO OUTGOING PLANNING AND ZONING COMMISSIONERS. Mayor Nichols requested that Michael Kasabuski and Clark Summerfield come forward at this time and thanked both for serving as members of the Planning and Zoning Commission. He presented outgoing member Mr. Summerfield with a plaque commemorating his service as well as an official Town of Fountain Hills pin. The Mayor also thanked Mr. Kasabuski and told him they were not sure he was going to be in attendance for the ceremony this evening but they do have a plaque for him that Town Clerk Bev Bender would present him with at a later time and presented him with an official Town of Fountain Hills pin. Mayor Nichols thanked Mr. Kasabuski and Mr. Summerfield for their dedication, hard work over their years and service to the entire community. iii) RECOGNITION OF THE FOUNTAIN HILLS COMMUNITY THEATER FOR THEIR ARIZONI AWARDS. • Mayor Nichols said that one of the Town's most precious assets was the Fountain Hills Community Theater and added that the Council had recognized their contributions this year by granting them a three-year service agreement for their work in the theater. The Mayor said that as part of a new tradition,this evening he would like to begin recognizing the awards that the Theater receives since this had never been done in the past. He stated that from this evening forward, every time an AriZoni Award was received, the winners would be formally recognized by the Council at a Regular Council meeting. He noted that this evening he would like to ask Val Stasik to come forward and advised that z:\council packets\2007\rl 1-1-07\10-18-07 minutes.doc Page 4 of 16 she would read the names of the winners of this prestigious award. He also asked that the winners come forward as their names were read. Ms. Stasik thanked the Council and everyone who has supported for Fountain Hills Community Theater over the past 21 years. Ms. Stasik read off the names of the people who were present this evening: Lindsay Garland, the winner for Best Supporting Actress in a youth play (Charlotte's Web); Clinton Styles Smidt, the winner for Best Supporting Actor in Charlotte's Web; Zack Percivez, Best Supporting Actor in the youth play Rough Night at the North Pole; Ann Kelliher, who unfortunately was ill and could not attend the meeting, and who was the producer of Rough Night at the North Pole, which won Best Overall Production at the AriZoni's this year; Peter J. Hill, the winner for Best Director for Shakespeare Abridged as well as Best Actor, Light Design and Scenic Design for Man of La Mancha this summer; Steve Mancarella, the Producer for Shakespeare Abridged, which also won Best Overall Production for a non-contracted play; Amy Powers, Best Supporting actress for Music Man; Jessie Berger, who was also ill this evening, won Best Sound Design for Fiddler on the Roof; Cole Cuomo, who was currently out of town won Best Actor in a Youth Production for My Emperor's New Clothes; Bruce Halperin, who won Best Supporting Actor for Man of La Mancha in his role as Sancho and Duncan Shukaro for Best Actor in the production Rough Night at the North Pole. Ms. Stasik also recognized Mr. Russ Collins, the Artistic Director of the Youth Theater, who had done so much to ensure the success of the theater's productions. Mayor Nichols presented the award recipients with official Town of Fountain Hills pins and thanked them for the hours of enjoyment they provided the residents of the Town. * CALL TO THE PUBLIC Bob Deppe, a resident who lives on Boulder Drive, addressed the Council and said that last December he attended a coffee where the Town presented a 20-year forecast that showed a$20 million surplus through Fiscal Year 2016 of the General Fund operating and capital revenues over expenses. This surplus was enough to sustain Fountain Hills through Fiscal Year 2022 before they needed to find new resources/income. In addition, the Town was happy with the reserve balance, which allowed Fountain Hills to obtain the highest bond ratings. He questioned what had happened to change this and said that the SPAC was now recommending new revenue sources saying that they need$4 to $6 million more a year over the next ten years, $40 to $60 million more, and a negative swing of up to $80 million from December 2006. When he asked what had changed he was told revenues were still the same and expenses were still the same, except the Town was spending money for road maintenance earlier than anticipated in the 20-year forecast (it was just an expense timing issue, not new expenses). When he mentioned that they needed to address the discrepancy, he was told that he was the only one who would remember the 20-year forecast (in other words, "shut up and sit down.") He further discussed the recommendations contained in the Hocking Report and asked how much they really need and whether they need to be "cash rich" and allow the Town to spend money on anything they want or should they be a happy medium that existed nine months ago. He urged the Council to question the comparisons contained in the Hocking Report and stated the opinion that too much time had been spent on how to raise money for the Town and virtually no money had been spent on whether they need the money and when they need it. He added the opinion that a credibility gap exists. Mayor Nichols thanked Mr. Deppe for his comments. CONSENT AGENDA AGENDA ITEM #1 —CONSIDERATION OF APPROVING THE TOWN COUNCIL (iiie MEETING MINUTES OF OCTOBER 4,2007. z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 5 of 16 AGENDA ITEM #2— CONSIDERATION OF APPROVING FOUR SPECIAL EVENT APPLICATION REQUESTS SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE. a) THE THANKSGIVING DAY PARADE SCHEDULED TO BE HELD FROM 9:00 A.M. TO 11:30 A.M. ON THURSDAY,NOVEMBER 22, 2007. b) THE AVENUE OF THE FOUNTAINS HOLIDAY LIGHTING (STROLL IN THE GLOW) SCHEDULED TO BE HELD FROM 5:00 P.M. TO 7:30 P.M. ON SATURDAY, DECEMBER 1, 2007. c) THE FOUNTAIN FESTIVAL SCHEDULED FOR FRIDAY, SATURDAY AND SUNDAY, • NOVEMBER 9, 10 AND 11, 2007 FROM 10:00 A.M. TO 5:00 P.M. THE EVENT WILL REQUIRE THE CLOSURE OF SAGUARO FROM PALISADES TO PAUL NORDIN PARKWAY, AVENUE OF THE FOUNTAINS FROM SAGUARO TO LA MONTANA AND A PORTION OF VERDE RIVER DRIVE. d) THE ANNUAL GREAT FAIR SCHEDULED FOR FEBRUARY 22, 23 AND 24, 2007, FROM 10:00 A.M. TO 5:00 P.M. ON FRIDAY AND SATURDAY FROM 8:00 A.M. TO 5:00 P.M. ON SUNDAY. THE EVENT WILL REQUIRE THE CLOSURE OF SAGUARO FROM PALISADES TO PAUL NORDIN PARKWAY, AVENUE OF THE FOUNTAINS FROM SAGUARO TO LA MONTANA AND A PORTION OF VERDE RIVER DRIVE. AGENDA ITEM #3 — CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE FOR KEN BOWMAN (FOUNTAIN HILLS POST NO. 58, THE AMERICAN LEGION) FOR SUPPORT OF THE FOUNTAIN FESTIVAL OF ARTS & CRAFTS, SCHEDULED TO BE HELD NOVEMBER 9 AND 10, 2007, FROM 9:00 A.M. TO 11:59 P.M. AND NOVEMBER 11, 2007 FROM 10:00 A.M.TO 11:59 P.M. AGENDA ITEM #4 — CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE FOR ESTHER BEAUCHAMP (AMERICAN LEGION AUXILIARY, UNIT 58) FOR A FUNDRAISER AND SUPPORT OF THE FOUNTAIN FESTIVAL OF ARTS AND CRAFTS. THE BEER GARDEN WILL BE LOCATED IN THE MEDIAN AT AVENUE OF THE FOUNTAINS AND LA MONTANA AND IS SCHEDULED TO BE HELD NOVEMBER 9 AND 10, 2007, FROM 9:00 A.M. TO 6:00 P.M. AND NOVEMBER 11,2007 FROM 10:00 A.M.TO 6:00 P.M. AGENDA ITEM #5 — CONSIDERATION OF APPROVING SPECIAL EVENT LIQUOR LICENSE FOR BRUCE THULIEN (VETERANS OF FOREIGN WARS, POST 7507) FOR A FUNDRAISER AND SUPPORT OF THE FOUNTAIN FESTIVAL OF ARTS & CRAFTS. THE BEER GARDEN WILL BE LOCATED IN FOUNTAIN PARK AND IS SCHEDULED TO BE HELD NOVEMBER 9 AND 10,2007 FROM 9:00 A.M.TO 6:00 P.M.AND NOVEMBER 11,2007 FROM 10:00 A.M.TO 6:00 P.M. AGENDA ITEM #6 — CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE FOR BRUCE THULIEN (VETERANS OF FOREIGN WARS, POST 7507) FOR A FUNDRAISER • SUPPORTING THE ANNUAL GREAT FAIR. THE BEER GARDEN WILL BE LOCATED IN FOUNTAIN PARK AND IS SCHEDULED TO BE HELD FEBRUARY 22 AND 23, 2007 FROM 9:00 A.M.TO 6:00 P.M.AND FEBRUARY 24,2008 FROM 10:00 A.M.TO 6:00 P.M. AGENDA ITEM #7 — CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE FOR BRUCE THULIEN (VETERANS OF FOREIGN WARS, POST 7507) FOR A FUNDRAISER SUPPORTING THE ANNUAL GREAT FAIR. THE BEER GARDEN WILL BE LOCATED IN THE MEDIAN LOCATED AT AVENUE OF THE FOUNTAINS AND LA MONTANA DRIVE AND IS SCHEDULED TO BE HELD FEBRUARY 22 AND 23, 2008 FROM (9:00 A.M. TO 6:00 P.M. AND FEBRUARY 24,2008 FROM 10:00 A.M.TO 6:00 P.M. *41111 z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 6 of 16 AGENDA ITEM #8 — CONSIDERATION FOR APPROVAL OF RESOLUTION 2007-56, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHESTERLY PROPERTY LINE OF PLAT 505D, BLOCK 1, LOT 33 (16657 N. BOXCAR DRIVE) AS RECORDED IN BOOK 158 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA. EA07-26 (GROOMS). AGENDA ITEM #9 — CONSIDERATION FOR APPROVAL OF RESOLUTION 2007-57, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY AND EASTERLY PROPERTY LINE OF PLAT 605A, BLOCK 1, LOT 10 (15820 E. BURRO DRIVE) AS RECORDED IN BOOK 164 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA. • EA07-27(SIMONSON). Councilmember Archambault MOVED to approve the Consent Agenda as listed and Councilmember Schlum SECONDED the motion. A roll call vote was taken with the following results: Councilmember Kehe Aye Councilmember Schlum Aye Councilmember Leger Aye Vice Mayor Dickey Aye Mayor Nichols Aye Councilmember McMahan Aye Councilmember Archambault Aye LThe motion CARRIED UNANIMOUSLY(7-0). ACTION AGENDA Mayor Nichols advised that the applicant for Agenda Item #13 had requested that the item be pulled from the agenda because the Theater group was satisfied with the quarterly process contained in their contract and did not require a monthly option. Mayor Nichols added that Agenda Items #10, #11 and #12 would be addressed all at the same time. (See discussion following Agenda Item#12.) AGENDA ITEM #10 — CONSIDERATION OF APPROVING THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS CHAMBER OF COMMERCE; AMENDING THE PAYMENT TERMS FROM QUARTERLY TO MONTHLY. AGENDA ITEM #11 — CONSIDERATION OF APPROVING THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE BOYS AND GIRLS CLUB OF GREATER SCOTTSDALE, INC.; AMENDING THE PAYMENT TERMS FROM QUARTERLY TO MONTHLY. AGENDA ITEM #12 — CONSIDERATION OF APPROVING THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND csieTHE EXTENDED HANDS FOOD BANK; AMENDING THE PAYMENT TERMS FROM QUARTERLY TO MONTHLY. z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 7 of 16 Town Manager Tim Pickering advised that the above three items were "housekeeping items." Staff had been requested by one of the contractors to allow the payments on the contract to be monthly rather than quarterly and staff was agreeable and wanted to offer that option to the other contractors as well. He said that if they wanted to continue to submit quarterly that would be fine but staff had wanted to offer them the option. Councilmember Leger MOVED that the payment terms for the professional services agreements between the Town of Fountain Hills and the Fountain Hills Chamber of Commerce, the Fountain Hills Boys and Girls Club of Greater Scottsdale, Inc., and the Extended Hands Food Bank be amended from quarterly to monthly. Councilmember Schlum SECONDED the motion. Town Attorney McGuire reminded the Council they would need to suspend the rules to allow for all three items to be considered at one time. Councilmember Archambault MOVED that they suspend the rules and vote on all three items with one single motion and Councilmember Schlum SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). Councilmember Kehe commented that he was uncomfortable with the risk analysis as stated by staff, "The risk to the Town was that payments would be made to the contractors before a sufficient amount of time to perform an adequate evaluation of the performance measurements contained in the scope of work." He said that these were grants in one sense and grants based on performance conditions and requested that staff address this issue and provide the rationale behind the monthly versus quarterly payments. He also questioned whether staff would be able to analyze and determine whether progress was being made. Finance Director Julie Ghetti addressed the Council and said she was not sure that the "risk analysis" was the right term for what she was trying to convey. What she was actually trying to convey was if there was a downside to this new payment structure it would be that reviewing the performance measurements in the contract on a month-to-month basis would probably not be enough to make a decent evaluation of it. Councilmember Kehe asked whether the month-to-month evaluation was really possible to do and Ms. Ghetti responded that it was possible and staff would still review it quarterly because three months was a much better performance indicator than month-to-month. The contractors had to put the money in up front and it made it difficult for them to have to wait four months after completing the work (or needed to do the work) to receive payment. That was why they requested that they be paid monthly and although they would provide monthly reports, staff would still evaluate performance on a three-month basis. Vice Mayor Dickey said that purely because of her misgivings regarding the process she would not support the motion. There were no citizens present wishing to speak on this item. Mayor Nichols called for a vote on the motion and the motion CARRIED by majority vote with Councilmember Dickey voting Nay(6-1). • *AGENDA ITEM #13 — CONSIDERATION OF THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND FOUNTAIN HILLS COMMUNITY THEATER, INC.; AMENDING THE PAYMENT TERMS FROM OUARTERLY TO MONTHLY. *NOTE: AGENDA ITEM#13 WAS PULLED FROM THE AGENDA AT THE REQUEST OF THE APPLICANT. (SEE MAYOR NICHOLS COMMENTS AT THE BEGINNING OF THE ACTION AGENDA.) AGENDA ITEM #14 — CONSIDERATION AND APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE STATE OF ARIZONA DEPARTMENT OF WATER RESOURCES z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 8 of 16 (ADWR) AND THE CHAPARRAL CITY WATER COMPANY (CCWC) AND RESOLUTION 2007-47 TO ALLOW FOUNTAIN HILLS TO PARTICIPATE IN THE ARIZONA RINSE SMART PROGRAM. Director of Planning and Zoning Richard Turner addressed the Council relative to this agenda item and said that unfortunately Kate Zanon could not be present this evening. He advised that the Arizona Rinse Smart Program was sponsored by the Department of Water Resources, the Water Conservation Division and the Bureau of Reclamation. This was a water conservation effort for the restaurant industry and the goal was to replace existing spray nozzles at restaurants used for rinsing dishes with Rinse Smart nozzles. The new nozzles had been found to reduce water consumption by about 50% and the benefits of the nozzles were water and energy conservation as well as a financial savings because of the saved water. He explained that in order to join the program, the Council needed to enter into a Memorandum of Understanding with the State of Arizona Department of Water Resources and the Chaparral City Water Company and approve the proposed resolution. With approval of the program, Town staff would be responsible for providing a list of restaurants to participate in the program, updating the Council and the community on the program and assisting the Department of Water Resources with marketing. Mr. Turner advised that the Department of Water Resources would supply the nozzles and administer the program, including marketing the program. The Chaparral City Water Company would provide the Town and the Department of Water Resources with information on the amount of water used. He added that staff recommended approval of Resolution 2007-47, which includes the Memorandum of Understanding. Vice Mayor Dickey MOVED to approve Resolution 2007-47 and Councilmember Archambault SECONDED the motion. Vice Mayor Dickey stated that this began with an e-mail in March when she read an article about the City of Sedona and sent an e-mail to the Chaparral City Water Company and to the Chamber of Commerce. They all met in July and the Council indicated their intent to pursue this at a meeting held in August. She said she was (boy very pleased that this was coming to fruition and looked forward to receiving a copy of the list of participants in this "win-win"program. She added that perhaps they could also talk to the School District about this as well as service organizations throughout the Town—anyone who had an industrial type of kitchen so that they too could be made aware of this issue. She thanked everyone for their hard work in this area. There were no citizens wishing to speak on this item. The motion CARRIED UNANIMOUSLY(7-0). Town Manager Tim Pickering advised that Senior Planner Bob Rodgers would present an overview of Agenda Items#15,#16, #17,#18 and#19 at one time. Town Attorney Andrew McGuire explained that the Town had not done a lot of the major amendments and there was a requirement in place that every ordinance be published. The publishing requirement, when the Town adopted large Code amendments, became extremely expensive for the Town Clerk's office (can take up half of the budget). Thankfully, the statute allowed for adoption by a reference. If you first declare that whatever the object is to be a public record, then it could be adopted by reference and not be published. The Town did this a lot with its Building Codes and any other large amendments that were going to be 10, 20 or even hundreds of pages long. He said that the Council would review two separate resolutions; one declaring the Adult Business Zoning Regulations as a public record and the Adult Business Business Regulations as public record and then there would be ordinances that adopted each one of those by reference. There were a series of different resolutions and ordinances. He said that they could do one "global presentation" and then hold the public hearing following that. (See additional discussion and action under Agenda Item#19.) AGENDA ITEM#15 — CONSIDERATION OF RESOLUTION 2007-61, DECLARING THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADULT BUSINESS ZONING REGULATIONS, DATED OCTOBER 18,2007,A PUBLIC RECORD PURSUANT TO ARIZONA REVISED STATUTES SECTION 9-801. z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 9 of 16 AGENDA ITEM #16 — PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE #07-01, AMENDING SECTIONS 1.12, 12.02, 14.03 AND 18.03 AND ADDING CHAPTER 21, ADULT BUSINESSES OF THE ZONING ORDINANCE. CASE#Z2004-07. AGENDA ITEM #17 — CONSIDERATION OF ORDINANCE #07-01, AMENDING SECTIONS 1.12, 12.02, 14.03 AND 18.03 AND ADDING CHAPTER 21, ADULT BUSINESSES OF THE ZONING ORDINANCE. CASE#Z2004-07. AGENDA ITEM#18— CONSIDERATION OF RESOLUTION 2007-62, DECLARING THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADULT BUSINESS LICENSE REGULATIONS, DATED OCTOBER 18,2007,A PUBLIC RECORD PURSUANT TO ARIZONA REVISED STATUTES SECTION 9-801. AGENDA ITEM #19 — CONSIDERATION OF ORDINANCE #07-09, ADULT USE LICENSING, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 8, BUSINESS REGULATIONS,ARTICLE 8-5,ADULT BUSINESSES. Senior Planner Bob Rodgers addressed the Council and stated that the Town of Fountain Hills was proposing amendments to the Zoning Ordinance and to the Town Code in order to address adult uses and/or sexually oriented businesses. Because of the large volume of supporting studies and documents, the Town Council was provided reference materials far in advance of this meeting. On April 16, 2007, and again on September 17, 2007, copies of the reports addressing primary and secondary impacts of adult uses on communities were provided to the Planning & Zoning Commission and the Council. The findings in the reports had led staff to draft the current proposed Adult Use Ordinance that would regulate a variety of adult, sexually-oriented businesses and services, including movie theaters, bookstores, video stores, peep shows, erotic dancing establishments and the like. The ordinance would accomplish this using the combination of Zoning regulations, to determine where and how they may be developed, and Town Code amendments, that would require licensing of both the businesses and employees. The proposed Zoning amendments were including the current definition of Adult Use from Chapter 1; revising Section 12.02 and 18.03 to reference Chapter 21; removing the Special Use provision in Section 1403 in the Utility Districts and adopting a new Chapter 21 Adult Use Zoning Ordinance. Those changes would define what adult sexually-oriented businesses were, would identify the Zoning Districts in which they may be located, would establish physical development standards, signage and other display standards, would establish separation requirements between adult uses and other protected uses (schools, churches and daycare centers) and would outline the application and approval process. The Town Code Amendment involved the adoption of a new Section 8-5, Adult Uses, and would set forth licensing requirements for adult uses and adult use employees, would outline issues of operation (hours of operation, age limits, etc.), would outline the Town's expectations regarding employee behavior, would require cooperation with law enforcement, sets forth loitering policies and outlines the process for license suspension or revocation. Mr. Rodgers stated that in order to protect the Town from the identified primary and secondary effects of adult uses and sexually-oriented businesses, the Planning and Zoning Commission forwarded a recommendation to approve the ordinance revisions and staff also recommended approval of the proposed ordinance and amendments as outlined. Mayor Nichols requested a motion to approve Resolution 2007-61. • Councilmember McMahan MOVED to approve Resolution 2007-61 and Councilmember Archambault SECONDED the motion. There were no citizens present wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY(7-0). Nod z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 10 of 16 Mayor Nichols declared the public hearing open at 7:35 p.m. There were no citizens wishing to speak and the Mayor declared the public hearing closed at 7:35 p.m. (100 The Mayor requested a motion to approve Ordinance 07-01 as presented. Councilmember McMahan MOVED to approve Ordinance 07-01 and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). The Mayor requested a motion to approve Resolution 2007-62. Councilmember Archambault MOVED to approve Resolution 2007-62 and Councilmember McMahan SECONDED the motion which CARRIED UNANIMOUSLY(7-0). The Mayor requested a motion to approve Ordinance 07-09. Councilmember Archambault MOVED to approve Ordinance 07-09 and Councilmember Kehe SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). (There were no citizens wishing to speak on any of the above listed items.) AGENDA ITEM #20 — CONSIDERATION OF A CUT WAIVER REQUEST TO PERMIT AN AREA OF 3,024 SQUARE FEET TO HAVE UP TO 19 FEET DEEP MAXIMUM VISIBLE CUTS FOR THE DEVELOPMENT OF A SINGLE-FAMLY RESIDENCE ON LOT #87 IN THE EAGLES NEXT SUBDIVISION. CASE#CFW2007-04. Councilmember Archambault and Councilmember McMahan reclused themselves and did not participate in any Le discussion and/or action regarding this agenda item. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and explained that this was an application for Lot#87 in Eagles Nest to allow the applicant to create a visible cut up to 19-feet deep in order to construct a single-family residence with a driveway that conformed to the Town's maximum allowable 18% grade. The previous proposal was denied at the September 6, 2007 Council meeting and at that time the Council indicated that they were not strictly "closing the door" on the cut waiver but felt that the proposal before them at that time was excessive. The Council indicated that further reduction in the exposed cut areas in excess of 10- feet deep should be explored. Mr. Rodgers referred to photos of Lot#87 and noted that it was a hillside lot that raises approximately 93-feet in elevation, changing from an elevation of 2180 to an elevation of 2273, with slopes averaging over 25%. The original July 7th request was for 5,222 square feet with a minimum depth of 24 feet and the September 6th request for 3,984 square feet with a maximum depth of 19 feet. The applicant had further reduced the cut by 960-square feet by creating a wider drive as it climbed the hill. This allowed the driveway to be approximately 4 feet higher when it leveled off in front of the garage. He referred to a slide that depicted the current request for 3,024 square feet of visible cut with a maximum depth of 19 feet. Mr. Rodgers advised that staff remained unconvinced that the areas and depths of the cut could not be further reduced and recommended that the application be continued(to allow the applicant additional time to work on the project)or denied. He added that applicant was present and wished to make a presentation before the Council. Jeremy Hall, MCO Properties, addressed the Council and indicated his intention to respond to a couple of comments made last month relative to whether the applicant had considered some alternative designs for the home in order to eliminate the waiver request. He said that the design of the home began in March 2006 and he referred to a PowerPoint slide depicting the original design. He discussed a variety of alternative designs that litor were developed in an effort to alleviate concerns and meet the Town's guidelines. He noted that six designs were presented before the Town Council even saw a design. He discussed the enormous amount of time and z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 11 of 16 effort that had gone into the project. He added that to date nine different designs had been proposed. Mr. Hall expressed the opinion that the latest option represented the very best approach they could come up with (Design #9). He said that they were compromising with this plan and doing some undesirable things but the plan allowed them to raise the garages up another two feet; the house could not be raised. He added that by raising the garages, they had"flattened"the pad and there was no underground drainage to collect water and bring it out from under the house. Mr. Hall noted that the cut area had been significantly reduced to 3,024 square feet and the cut depth was still at 19 feet. He asked the Council to consider all of the effort that had gone into developing an acceptable design and said that they had been diligently working on it for over a year. They would be able to maintain the 18-foot grade and they had dropped the house significantly down the hill so it would no longer impede visually on any lots behind the hill. He requested that they vote to approve the current design. Mayor Nichols thanked Mr. Hall for his presentation and requested a motion from the Council to approve the requested cut waiver. Councilmember Leger MOVED to approve the cut waiver as requested and Councilmember Schlum SECONDED the motion. Councilmember Schlum thanked Mr. Hall for his in-depth presentation and staff for their recommendation and background. He said that obviously a lot of time had been spent redesigning the home with the goal of not having a need for a cut and fill waiver but still one was being requested. He stated that he could appreciate wanting to have a great design and the fact that they were currently compromising the design of the home in order to ensure that both staff and the Council was comfortable. He commented that the Council certainly did not want to see lots of cuts and fills although they were comfortable with cuts that would not be seen because they were located underneath the homes. He said that he was interested in having further discussion take place regarding this issue and stressed the importance of hearing both sides on this important issue. Vice Mayor Dickey said that she wanted to make some statements relative to independent decision making. She stated that when decisions were made regarding Special Use Permits, waivers or anything that required discretion, they needed to be viewed on their own merits with minimal weight, in her opinion, on precedent setting. She commented that she had no qualms about voting "yes" or "no" on one thing and then doing the opposite basically at another time if the circumstances warranted that in her opinion. She added that when you serve on the Council or were a long-time resident like she was, you had history. She expressed the opinion that they had a responsibility in this situation to demonstrate maturity and ethical decisions when they make separate, independent decisions and certainly when they were considering action, they should never hold their vote for something in the future based on the ability to get their wishes later. She added that she would expect that any of the entities that they dealt with on a continuing basis would show the Council the same type of courtesy. She stated that what demonstrates that this was an independent decision was that along the way (for how many years they serve), the Council received threats of lawsuits and other actions and she believed that a lot of "scare tactics" were used more often these days. She emphasized that those kind of threats should not affect the decision making process. Vice Mayor Dickey advised that she would support the current proposal but wanted to make it clear that her approval was for just this proposal. Mayor Nichols stated that the cut in this design was not visible to anyone other than the homeowner going out the back door and perhaps one neighbor, and that was one of the things he looked at when requests came before him. He added that a lot of work had been done to accomplish this and said that the cut would be treated so that it would be aesthetically pleasing and appear natural. It would not appear as a cut and he appreciated that fact. The Mayor stated the opinion that the applicant had expended great effort to try to reduce the size of the cut and had made significant improvements. He said that he agreed with Vice Mayor Dickey's comments relative to the fact that approval of the case before the Council this evening would not set a precedent for future lots; each z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 12 of 16 request would be reviewed and considered on a case-by-case basis. He advised that he would support this case because the applicant had worked hard to reduce the cut and it would be aesthetically pleasing. He added that the Council could be flexible in their approach to these types of issues but stressed that approval of this particular case did not set a precedent for future cases. Councilmember Leger said that he would not repeat the Mayor and Vice Mayor's comments but they were remarks he had planned to make as well. He stated that he had struggled with this case for a long time and for him what was "key" was what was minimally visible to surrounding neighbors in addition to impacts on public safety with respect to the driveway. He stated the opinion that if there was anyone who would be adversely affected by the cuts, he did not believe it would be the Town of Fountain Hills or the neighbors; he believed it would be the owner of the home. He added that some nice work had been done with respect to the treatment of the cut and if the project came to fruition he would like to actually view the treatment because he had seen a lot of that in the Tucson area where no other alternatives exist. He said that he was not really happy about the amount of the cut but because it was not visible or intrusive he would support this particular option. Councilmember Kehe commented that he knew that the lot was a difficult one to build on and that the developer had made reasonable accommodations. He added that he was satisfied that they had sent a message to architects, builders, developers, lot buyers, etc. who would build in the Town that they must be reasonable in their requests for waivers and cut and fills. He stated, however, that he was disappointed that the corporate applicant at the 11`i' hour made approval of the cut waiver a condition for access to the Preserve. Even though they had a "handshake agreement" on access as early as last May, it could be confirmed only by a license agreement. He stated that he believed that the waiver and the access were and were to this day separate issues and the irony was that Councilmembers had taken the high road and judged the waiver request on its merits. He said that he would have expected nothing less than that. He added that from his own point of view, without bowing to the attempted intimidation, his inclination was to support this based upon the reasons he had previously stated. He said that he would vote in favor of the request. Councilmember Schlum stated that they had to look at each application on an individual basis and added that he was proud of the group that he worked with and he appreciated all of the comments that were made. He added that this was a difficult decision and each application would be looked at on its own merits. He noted that the developer in this cast had put forth exceptional effort and said that the cuts that were underneath the home were not visible and not a big concern. He said that he would support this case and hoped that the Council would see fewer of these cases in the future, but he understood that each lot was unique. Town Clerk Bev Bender advised that Mr. Frank Ferrara wished to address the Council relative to this agenda item. Frank Ferrara, Chief Executive Officer of the Town of Fountain Hills Chamber of Commerce, addressed the Council and stated that the Chamber of Commerce supported the request that was currently before them. Mayor Nichols asked for a vote on the motion. The motion CARRIED (5-0) with Councilmembers Archambault and McMahan abstaining. Councilmembers Archambault and McMahan returned to the dais following the discussion and vote. AGENDA ITEM#21—UPDATE ON THE MCDOWELL MOUNTAIN PRESERVE ACCESS LICENSE AGREEMENT. Town Attorney Andrew McGuire addressed the Council relative to this agenda item and provided a brief overview. He stated that they had initially sent a draft of the agreement over to MCO's local counsel in late July (400 and met with Mr. Gilbert early in August to discuss it and again in early September, at which time he was told the matter was "on hold" for a while. Mr. McGuire reported that this morning he had received a red lined version of the agreement and the changes appeared to be the items that had previously been discussed but there z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 13 of 16 were also some new comments in the document that would have to be fully evaluated. He said that staff would review the agreement and forward it on to the Council as soon as possible. He advised that if everything went okay, this item could be on a future agenda. In response to Mayor Nichols, Mr. McGuire stated it would probably be ready for the November 15 agenda. There were no questions from the Council relative to this issue. AGENDA ITEM #22 — QUARTERLY UPDATE BY THE TOWN MANAGER ON PROGRESS OF IMPLEMENTING COUNCIL'S GOALS FOR FY 2007-08. Town Manager Tim Pickering addressed the Council relative to this agenda item and stated that the Council adopted goals in February for FY 2007-08, staff reviewed them and they were officially adopted in March of 2007. This was the first quarterly update on the goals. He indicated his intention to briefly highlight the various goals, which included: • Implementation Plan for Strategic Plan Year 2 • Economic study of key revenue options(discussed this evening) • Revenue shortfall recommendations by 12/31/07 (discussed this evening) • Ensure responsible development of State Trust Land(staff had been working diligently with the Ellman Group and efforts to date were preliminary since the process would take approximately three years) • Improve pedestrian safety (the Council had taken action in a couple of different ways, looking at the Town's sidewalk plan, a roundabout at an intersection and making some changes at Avenue of the Fountains&Saguaro) • Provide public access to McDowell Mountain Preserve(An update had just been received and staff was working diligently on this issue) • Create responsible environmental policy(discussed this evening—Rinse Smart Program) • Promote commercial development/business vitality (staff had been working closely with commercial development and business vitality, working with the Chamber and developing business retention surveys) Mr. Pickering indicated his willingness to respond to questions from the Council relative to the progress that was being made on the above listed goals. He noted that although none of the goals had been completed, they were not expected to be at this point in time but added that he hoped that the top two goals would be complete by the next quarterly update. Mayor Nichols referred to Goal#7,to create a responsible environmental policy, and said that the Council had a completion date of July 1, 2007 for that item. Vice Mayor Dickey commented that it was supposed to be presented by June 1, 2008. Mr. Pickering advised that the report to the Council would be presented by March 1' of next year and they hoped to agree upon and adopt a policy no later than the 1st of June. Mayor Nichols expressed that he had hoped to get that approved before there was a change in Council and Mr. Pickering stated the opinion that after the March 1st presentation, the policy could be approved. Mayor Nichols noted that the current Council had worked hard on this issue and that was why he would like to see that in place before the new Council took office. Vice Mayor Dickey said that she attended a meeting recently and two very prominent Senators used words like "State shared revenues were a thorn in my side" and another used the term "they were easy pickings" so she stated the opinion that they were not over-estimating the level of instability in that area. She added that they z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 14 of 16 would be fine this year but that this issue was currently under discussion and she wanted to point that out that this time. Councilmember Leger thanked Mr. Pickering for his presentation and stated that it was gratifying to look at the graph contained in the backup information; not necessarily the content but rather the context. He said it was important to remind the citizenry of Fountain Hills that in 2004 the Mayor had a vision for developing a plan, a roadmap for moving the Town forward. The vision was based on a citizen driven initiative that was criticized and told would never work. Now, almost three years later, they've heard a presentation this evening from the Strategic Planning Advisory Commission (SPAC), an outgrowth of that initiative;that was charged with looking at the entire Town as a special interest group. He added that it was very satisfying to note that they as a Council had supported the goals because the goals were driven by a majority of the citizens. He stated that this would be an on-going work in process. He said that he was looking forward to hearing what the citizens had to say through the survey process. He noted that there had been serious criticism along the way regarding this particular process (that the Strategic Plan was too rigid) and what this Council had done was to utilize the Strategic Plan as a roadmap and they had been flexible to the environment and addressed issues outside of the context of the Strategic Plan. He stated that as the citizens watched the SPAC move forward, he hoped that more and more would get on board. He noted that any decisions made in the future by different legislators would not be driven by special interest groups but rather by Fountain Hills, a special interest group driven by and the result of a citizen driven initiative. Mayor Nichols announced that on October 27th, The Gathering, a community prayer service lasting one hour would be held at Golden Eagle Park from 5:30 p.m. to 7:30 p.m. The Mayor would read a proclamation and say a prayer at the event and he encouraged and invited all interested residents to attend. AGENDA ITEM#23- SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER. (itio None. AGENDA ITEM #24 — COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH ITEMS ON A FUTURE AGENDA FOR ACTION OR (ii) OR DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: A. NONE AGENDA ITEM#25—ADJOURNMENT Councilmember McMahan MOVED that the Council adjourn and Councilmember Schlum SECONDED the motion, which CARRIED UNANIMOUSLY. The meeting adjourned at 8:24 p.m. L z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 15 of 16 TOWN OF FO N IN HILLS JBy Wall Nic o ayor ATTEST AND PREPARED BY: Bevelyn J. nde ,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 18th day of October 2007. I further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of November 2007. Bevelyn J. B der, own Clerk • Nod z:\council packets\2007\r11-1-07\10-18-07 minutes.doc Page 16 of 16