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HomeMy WebLinkAbout2008.0807.TCREM.Minutes TOWN OF FOUNTAIN HILLS E. MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL August 7,2008 Mayor Schlum called the meeting to order at 5:02 p.m. AGENDA ITEM #1 — ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. §38-431.03.A(1) FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT, WITH THE EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE 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, (A) FOR THE PURPOSE OF REVIEWING APPLICANTS FOR THEIR SERVICE ON THE PUBLIC SAFETY ADVISORY COMMISSION (PSAC), AND (B) FOR THE PURPOSE OF REVIEWING APPLICATIONS SUBMITTED FOR POSSIBLE SERVICE ON THE PLANNING AND ZONING COMMISSION FOR THE PURPOSE OF INTERVIEWING SAID APPLICANTS): AND (II) PURSUANT TO §38-43I.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, SKLAW V. TOWN OF FOUNTAIN HILLS AND SAVE OUR SMALL TOWN.) ROLL CALL— Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember Contino, Vice Mayor Leger, Councilmember McMahan, Councilmember Hansen, Councilmember Archambault and Councilmember Dickey. Acting Town Manager Kate Zanon, Town Attorney Andrew McGuire, and Town Clerk Bev Bender were also present. Councilmember Archambault MOVED to convene the Executive Session and Vice Mayor Leger SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). Vice Mayor Leger MOVED to adjourn the Executive Session at 6:30 p.m. and Councilmember Contino SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). AGENDA ITEM#2—RETURN TO REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:38 p.m. * INVOCATION—Pastor Don Lawrence,Christ's Church of Fountain Hills * ROLL CALL ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember Contino, Vice Mayor Leger, Councilmember McMahan, Councilmember Hansen, z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 1 of 15 Councilmember Archambault and Councilmember Dickey. Acting Town Manager Kate Zanon, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. Loy * MAYOR'S REPORT (I) INTRODUCTION OF MARICOPA COUNTY SHERIFF'S OFFICE (MCSO) LT. BRIAN JAKOWINICZ, ASSISTANT DISTRICT COMMANDER FOR FOUNTAIN HILLS (DISTRICT 7). Captain Kleinheinz with the Maricopa County Sheriffs Office thanked the Council for the opportunity to address them this evening and provided brief background information on Lt. Brian Jakowinicz, Assistant District Commander for Fountain Hills (District 9). He noted that Lt. Jakowinicz came to them from MCSO's Training Division, where he was most recently tasked with the Field Training Officer Program and the Advanced Officer Training Program. During his ten years with the Office, he has held a variety of positions, including School Resource Officer, he has worked lake patrol, and he possesses a very extensive knowledge of SWAT tactics (he was the supervisor on the SWAT Team for three years). Prior to that,the Lieutenant attended Michigan State University, earning a Bachelor's Degree in Psychology and a Bachelor's Degree in Criminal Justice and since becoming a Deputy Sheriff,he had also completed a Master's Degree in Public Administration by attending evening classes. He noted that Lt. Jakowinicz's combined training, experience and education brought a wealth of attributes to Fountain Hills. Captain Kleinheinz introduced Lt. Jakowinicz to the members of the Council. Mayor Schlum welcomed Lt. Jakowinicz and congratulated him on his new position. He said that he was sure that the Lieutenant would maintain a strong presence in the community and thanked him for his attendance this evening. (kkrr Lt.Jakowinicz said that it was an honor to be present at the meeting. On another note, Mayor Schlum stated that he would also like to express the Council's appreciation to Kate Zanon, who served as the Interim Town Manager during the Town's search for a new Town Manager. He said that Ms. Zanon had assumed her former position with the Town and this evening was filling in for the new Town Manager who was in the process of moving his family to Fountain Hills. On behalf of the Council he thanked Ms. Zanon for all of her excellent hard work, dedication and "stepping up to the plate and rising to the occasion." The Mayor presented her with a gift as a token of their appreciation. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (I) PRESENTATION BY MARICOPA COUNTY BOARD OF SUPERVISORS DON STAPLEY AND ERIN DUNSEY, MEDIA SPECIALIST WITH MARICOPA COUNTY AIR QUALITY DEPARTMENT,REGARDING AIR QUALITY. Maricopa County Supervisor Don Stapley addressed the Council and thanked them for allowing he and Erin Dunsey, the Public Information Officer for the Air Quality Department to highlight a presentation this evening regarding the important issue of air quality. He stated that Maricopa County's stated mission was to provide regional leadership and fiscally responsible necessary public services so that residents could enjoy living in a healthy and safe community. He noted that the County had adopted seven priorities to accomplish that Mission and tonight they planned to touch on three of the seven priorities. He added that Strategic Priority #2 was to promote and protect the public health of the community; Strategic Priority#3 was to provide regional leadership in critical public policy issues and clean air was certainly one of those and Strategic Priority#4 was to carefully Li, plan and manage land use in Maricopa County to promote sustainable development and to preserve and strengthen the environment. z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 2 of 15 Supervisor Stapley advised that their region had not been determined to attain the PM-10 Federal standards by the EPA(Environmental Protection Agency) and MAG(Maricopa Association of Governments) had joined with the County in an effort to gain attainment through a concerted partnership that spanned the entire region at every level. He added that the private sector had also stepped up in a big way. He indicated their intention to share with them what they had done over the past year and what they needed the Council to consider doing as they partner with the County in this effort. Ms. Dunsey addressed the Council and highlighted a brief PowerPoint presentation on Maricopa County's Clean Air issue entitled "Running Out of Air." She outlined various statistics from the Department of Health Services and noted that in 2006 the average hospital stay for Arizona residents with asthma was 3.2 days. She emphasized that respiratory illnesses were a direct result of air pollution. In addition over 22,614 Arizona residents visited emergency rooms for asthma-related issues. She noted that if they did not clean up the pollution,they risked losing up to$7 billion in highway funds. Ms. Dunsey provided information relative to Maricopa County's Clean Air Campaign that "kicked off' in February of this year and discussed the campaign's various components (television and radio ads,print, website, media outreach, community outreach and partnerships). She played the television ad and ran the radio ad for those who might not have already seen or heard them. Ms. Dunsey commented on the County's commitment to Fountain Hills that included development of materials for public outreach and said that Fountain Hills was recognized as a "Running Out of Air" partner on the campaign website. She further discussed support for outreach efforts with Fountain Hills, newsletter articles, and the preparation of e-mails to constituents. She emphasized that a variety of materials/information would be provided in both English and Spanish. Ms. Dunsey explained that the Council and the Town of Fountain Hills could help by making the Clear Air Commitment; asking established communication outlets and community organizations to make the Clean Air L., Commitment; placing a "Running Out of Air" link on the Fountain Hill's website and become a "Running Out of Air"Ambassador in Fountain Hills. She emphasized that even minor changes could result in major changes. Councilmember Dickey thanked Supervisor Stapley and Ms. Dunsey for their presentation and discussed her experience at the Department of Environment Quality. She noted that she was very proud of the efforts to date that had been expended by the Town as far as compliance. She stated that a couple of years ago the Town initiated a pilot diesel reduction program(emissions reductions) and said that the Fountain Hills School District had joined in that effort early on. She added that she appreciates the partnership with Maricopa County and looked forward to continuing to work with them on this critical issue. Supervisor Stapley advised that this year he was serving as President of the National Association of Counties and in that role he was able to select a priority for the nation's counties to focus on for the year. He announced that they were focusing on converting the nation's county fleets (vehicles) to non-carbon based fuels more rapidly to alternative fuels, plug-ins, etc. He said that the technology was "almost" available and in many cases hybrids were already available. Supervisor Stapley reiterated his appreciation to the Council for the opportunity to address them this evening and emphasized the importance of enhancing the partnership that existed, taking advantage of the existing vehicle purchasing opportunities, and working together on the "Running Out of Air"program. Mayor Schlum expressed appreciation to Supervisor Stapley and Ms. Dunsey and congratulated Supervisor Stapley on his appointment to the National Association of Counties. He also thanked him for his efforts to enhance the quality of air in Fountain Hills. Mayor Schlum encouraged everyone to visit the "Running Out of Air" website at RunningOutofAir.com as well as the Town's new website that would be on line in the near future. z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 3 of 15 (II) THE MAYOR WILL READ A PROCLAMATION DECLARING AUGUST 2008 "DROWNING IMPACT AWARENESS MONTH." Mayor Schlum read a Proclamation declaring August 1st through August 31st, 2008 "Drowning Impact Awareness Month" in the Town of Fountain Hills. He stated that this month would raise awareness relative to the fact that the number and impact of child drownings in Arizona affected everyone. He noted that the drowning incidents in Arizona had taken the lives of the equivalent of a classroom of children each year and added that a child drowning could happen to any family regardless of education, race, or socio-economic background. The Mayor emphasized 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 keeping children healthy and safe was the goal of hospitals, fire departments, and other prevention institutions in Arizona. Raising awareness would increase understanding and provide education relative to the effective ways to prevent drownings. Mayor Schlum said that it was his honor to proclaim the month of August 2008 "Drowning Impact Awareness Month"in Fountain Hills and encouraged everyone to heighten their awareness of this critical issue. CALL TO THE PUBLIC Mr. Bob Scarpetti, a resident of Fountain Hills, addressed the Council and displayed photographs that he took of Fountain Park (behind Fountain Plazaside). He said that he went to look at the new sod that was laid this week and ran into Councilmember Contino. At Mr. Scarpetti's urging, they picked up a piece of the new sod and discovered that the new sod had been placed over the old sod. He said that he was not an expert in that field but stated the opinion that sod should not be placed on top of sod. He stated that if he was wrong, he would stand corrected but if he was right then "somebody's head should roll about this." Mayor Schlum thanked Mr. Scarpetti for his input and said everyone was looking forward to seeing new green grass at that location in the near future. He added that Mr. Scarpetti's concerns would be looked into by staff and he would be notified of the results. CONSENT AGENDA AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM JUNE 19 AND 30,2008 AND JULY 3 AND 17,2008. AGENDA ITEM #2 — CONSIDERATION OF APPROVING RESOLUTION 2008-32, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE SOUTHERLY PROPERTY LINE OF PLAT 605D, BLOCK 5, LOT 13 (15627 E. MUSTANG DRIVE) AS RECORDED IN BOOK 164,PAGE 15,RECORDS OF MARICOPA COUNTY,ARIZONA. EA08-06(GREGORY). AGENDA ITEM #3 — CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION SUBMITTED BY DAVID LINK (LINKS FINE WINES, INC. DBA GRAPEABLES FINE WINE) LOCATED AT 12645 N. SAGUARO BOULEVARD,SUITE#9, FOUNTAIN HILLS,AZ. THIS IS FOR A SERIES 7 LICENSE—BEER AND WINE. AGENDA ITEM #4— CONSIDERATION OF APPROVING THE ACQUISITION OF CONTROL AND AGENT CHANGE LIQUOR LICENSE APPLICATION TO ANDREA T. NOBLE, TWO STEP ENTERPRISES, L.L.C. FOR MLB SPORTS, L.L.C. DBA OVERTIME SPORTS GRILLE, LOCATED AT 16872 E.AVENUE OF THE FOUNTAINS,SUITE 104-106,FOUNTAIN HILLS. z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 4 of 15 AGENDA ITEM #5 — CONSIDERATION OF APPROVING THE LIQUOR LICENSE APPLICATION SUBMITTED BY CAROL GREGORY (GRAMATO ENTERPRISES, INC. DBA MAMA ANGELINA'S) LOCATED AT 16852 E. PARKVIEW AVENUE, FOUNTAIN HILLS. THIS IS FOR A SERIES 12 LICENSE—RESTAURANT. AGENDA ITEM #6 — CONSIDERTION OF A UTILITY DISTURBANCE PERMIT FOR "LA BELLA VITA AT FIREROCK,"AT PARCEL"B"OF FIREROCK. CASE#UDP208-01. Councilmember McMahan MOVED to approve the Consent Agenda as listed and Councilmember Archambault SECONDED the motion. A roll call vote was taken with the following results: Councilmember Dickey Aye Mayor Schlum Aye Vice Mayor Leger Aye Councilmember Hansen Aye Councilmember Contino Aye Councilmember McMahan Aye Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY(7-0). REGULAR AGENDA AGENDA ITEM #7 — CONSIDERATION OF RESOLUTION 2008-31, AN AMENDMENT TO THE Nov INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY HUMAN SERVICES DEPARTMENT FOR SPECIAL TRANSPORTATION SERVICES INCREASING THE PER TRIP RATE FROM $16.26 PER TRIP TO $38.25 PER TRIP. Acting Town Manager Kate Zanon addressed the Council and explained that for the past several years the Town had been receiving money from Valley Metro, often referred to as the LTAF money, which was lottery money. This funding was available for cities and towns for the specific purpose of transportation. The Town for several years had contracted with the Maricopa County Department of Human Services for special transportation services. These were services for qualified elderly, low income, or disabled residents in the community whereby they could call and request service to be taken to a variety of appointments. In 2007,the Town entered into a five year Intergovernmental Agreement with the County for this service and every year the County had brought forth the rate for the service. Ms. Zanon explained that the amendment for that Agreement before the Council this evening was to approve the rate for this year. She noted that there were some substantial price increases being proposed by the County. She advised that the previous rate charged by the County was $16.26 per trip and the County was now asking for $38.25 per trip and said that this represented a 135% increase. Ms. Zanon stated that there were a variety of reasons why the County was requesting this increase: • 56% increase in fuel costs • 22% increase in labor costs from a market study on drivers' salaries • The County lost some of their funding source for the program from the Area Agency on Aging,etc. cor • The per trip reimbursement rate of$16.16 covered less than 50% of the actual cost of the trip. z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 5 of 15 Ms. Zanon informed the Council that this was a cost recovery program; the Town merely paid for the services received. She said that staff was bringing this forward to amend the Agreement at the new rate and said she Vise realized that there was probably a policy discussion that the Council might want to have on this in the future and staff was doing some research on that very issue at this time. Ms. Zanon added that staff originally did not plan to bring this policy discussion back until October because often they did not hear from Valley Metro about the Town's share of the lottery monies until September/October but the information was received earlier this year. She reported that the Town would receive approximately $46,000 this year from lottery funds for this service. She noted that in the Operational Support budget for this year contained up to $90,000 that the Town could contribute for this service. She said that she realized that when they add those two numbers they did not actually get to the price of the contract, they were still coming in approximately $15,000 to $20,000 short but noted that that was based on assumptions relative to the number of trips that would actually be scheduled. Ms. Zanon stated that the request from staff this evening was that the Council approve the amendment to the Agreement so they could pay the bills for the services already received and continue to offer residents this service until such time staff could bring back a policy for discussion by the Council and determine what course of action should move forward. Town Clerk Bev Bender advised that there were no citizens wishing to speak on this agenda item. Vice Mayor Leger MOVED to approve Resolution 2008-31 —the amendment to the IGA between the Town of Fountain Hills and Maricopa County Human Services Department for FY09 at a trip rate of $38.25 and Councilmember Dickey SECONDED the motion. Councilmember Contino agreed that this was an issue that should be looked at by the Council and added that they found out today that Maricopa County ranked#1 in the country for the elderly. He stressed the importance of continuing to provide the services that the community's elderly needed and said that the question was did they need one bus or two. He stated that he did not want this important service to be discontinued. Vice Mayor Leger concurred with Councilmember Contino's comments and asked staff to look into the possibility of providing alternative services and associated costs. He said that right now they were looking at approximately $150,000 for the program if the numbers project out next year and added that they had $90,000 budgeted for that expense leaving a gap of$15,000, which might or might not come into play depending on the number of requested trips. He noted that since this particular service was based on fee per service, he would also like staff to look into the scope of service and said that he would like to know what the people who utilize this service actually use it for — medical appointments, therapy appointments, shopping, educational purposes, etc. He stated that medical and therapy trips should certainly be a priority. He added that he would like to know if LTAF funds would still be available if, based on staffs research, they revised the scope of service and reduced the amount of trips. Councilmember Hansen asked whether the five-year contract contained a clause that would allow the Town to get out of the agreement if they came up with their own type of service. Town Attorney Andrew McGuire responded that the County's agreement was not in the form that the Town would prefer but it was a fee for service agreement as the Town had done in the past in other areas. If they decided to no longer request the service, no trips would be generated and the Town would not be obligated to pay the County any fees. He added that the County might have a different view on the matter but they could cross that bridge if and when it came to that. Mayor Schlum commented on the fact that the proposed increase was significant and noted that the Town had been reducing its budget, not increasing it. He said that in light of the presentation with which Ms. Zanon Lir z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 6 of 15 began, the trips serve citizens in the community who had certain needs and they had to weigh that against what they could afford. He stated that the Council would look forward to further discussion on this matter. The motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #8 — CONSIDERATION OF A CONTRACT WITH SALT RIVER PROJECT (SRP) TO RELOCATE A 69KV POLE IN THE AMOUNT OF $75,100 FOR THE SHEA BOULEVARD CLIMBING LANE IMPROVEMENT PROJECT. Ms. Zanon advised the Council that one of the Town's Engineers, Larry Woodlan, would highlight a presentation on this agenda item. She noted that this project was in the Town's Capital Projects budget (Page 173,Project S6001). Mr. Woodlan addressed the Council and stated that there were two items on the agenda this evening, #8 and#9 and both had to do with Shea Boulevard. He referred to a map displayed in the Council Chambers and explained that#8 had to do with the relocation of a pole located between Palisades Boulevard and Fountain Hills Boulevard on Shea and#9 had to do with improvements to the intersection of Shea and Saguaro Boulevards. He noted that both projects were separate and not linked together and both were funded from different sources. Mr. Woodlan discussed the 69 KV pole and highlighted a brief PowerPoint presentation. He noted that they were talking about a large steel pole and said that there were 12 SRP KV boxes on the side of the road and, in addition, there were 12 KV lines under the six 69 KV lines (lower power). He advised that the power boxes and underlines for SRP were going to be relocated and placed underground. He added that they were able to use aesthetics funds so there would not be any direct out of pocket expense for the Town to get the boxes moved or the lines underground. He stated that the 69 KV pole did not follow in that category and the new curb and gutter, by the time they added the lane and the bicycle lane, would be just about exactly where the 69 KV pole was located so they did not have any clearance from the side of the road for vehicles to pass and if they were to go off the road, they would run right into the 69 KV pole — not a desirable situation by any means. Mr. Woodlan also referred to a slide of a new subdivision,Palatial Estates, located west of Fountain Hills Boulevard that showed the meandering sidewalk. He noted that there was a section of guard rail in there that would be removed when they got the new lane of pavement, the bicycle lane and the planned sidewalk that would run the entire length of Shea Boulevard from Palisades to Fountain Hills Boulevard. Mr. Woodlan also referred to a slide taken from Palatial Estates looking east and pointed out that it showed the entrance and the sidewalk as well as Fountain Hills Boulevard. He explained that staff asked the developer to build the third lane of pavement and put the bike lane in with this subdivision so that the Town did not have to be burdened by that expense. He further stated that the request this evening was for the Town to pay for the cost of the design and the relocation of the pole, as required by SRP. He noted that approximately a year and half ago, the Town entered into an agreement with SRP for the design fee and now they were asking for the fee in the amount of$75,100 to relocate the pole. He added that these monies were included in the budget and staff was requesting that the Council consider entering into the agreement. Mr. Woodlan indicated his willingness to respond to questions from the Council. Town Clerk Bev Bender advised that there were no citizens wishing to speak on this agenda item. Councilmember Archambault MOVED to enter into a contract with SRP to relocate a 69 KV steel pole in the amount of$75,100 and Councilmember McMahan SECONDED the motion. In response to a question from Councilmember Archambault, Mr. Woodlan stated that if the Town was going to pay to have the pole moved he would like to have it out of the way so they could have their sidewalk in there and provide some landscaping in the area. He added that the Fire Station would be located further to the west. z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 7 of 15 Councilmember McMahan questioned the necessity of having a sidewalk in that area and Mr. Woodlan replied that last year staff was asked to bring forth a Sidewalk Plan, which was reviewed by the Council. He noted that the plan showed sidewalks filling in areas of the Town for pedestrian safety purposes. He added that not every street would get a sidewalk but staff did propose a sidewalk on Shea Boulevard, one on Palisades, one on Fountain Hills Boulevard, etc. He stated that sidewalks were normally provided to link destination points and in this particular case the sidewalk would link the commercial area at Eagle Mountain to the Target area and allow pedestrians to travel. He said that in areas of the Town where sidewalks had been added, people were using them more and more. Councilmember McMahan commented that in view of the Town's current budget situation he could not understand why they would spend this extra money on a sidewalk that he did not believe would get much use. He said that he would support the development of a bicycle lane because a lot of bikers used Shea Boulevard. Mr. Woodlan stated that ultimately this would be a Council decision and explained that the actual project began about five years ago when the original grant was submitted and it included a sidewalk. Mayor Schlum noted that the item before them was to move the pole regardless of the sidewalk being there or not. He added that sidewalk connectivity did have some value and when an area was being improved that incremental associated cost could be justified. He discussed the sidewalks that had been constructed in Scottsdale and said that although at first they might not have gotten much use, over time people had come into the various areas and they were being utilized. Councilmember Contino pointed out that Scottsdale had used asphalt all the way from 136 out and asked whether the Town could do the same thing for the purpose of saving money. He added that when the pole was removed he would like to know how far back that was going to be and whether they would be charged again if it Le had to be moved in the future. Mr. Woodlan responded that concrete was a material oftentimes used for sidewalks because of its low maintenance and high durability. He added that asphalt required surface treatments (surface tended to wear out because of the sun) and it functioned much better when you had vehicles using it on a regular basis to keep it compacted. He said that normally not many asphalt sidewalks were put in; they were used more as utility pathways. He added that Scottsdale did not call theirs a sidewalk; they called it an access pathway or similar term. He also pointed out that some of the additives needed to maintain asphalt made the surfaces slick and now were not in compliance with ADA regulations. Mr. Woodlan addressed Councilmember Contino's second question relative to the pole relocation and said that there were never any guarantees. He stated that the selected location for the pole,to the best of their knowledge, ensured that it should never require another move but unforeseen things happen so,no guarantee could be given. He also discussed the space allotments and said there should be sufficient room to add another lane of traffic if required in the future. Councilmember Contino said that his major concern was always safety and Mr.Woodlan concurred. Mayor Schlum thanked Mr.Woodlan for his input and called for a vote on the motion. The motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #9 — CONSIDERATION OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $205,528.00 WITH HDR ENGINEERING, INC. FOR DESIGN OF THE SHEA BOULEVARD WIDENING PROJECT DURING FISCAL YEAR 2008- Ly. 2009. z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 8 of 15 Ms. Zanon stated that this item was also in the Town's Capital Improvements budget(Page 177, Project S6005). (6 I Mr. Woodlan again addressed the Council and, referring to a map, he explained that Item #9 was at the intersection of Saguaro and Shea Boulevards. He also reviewed PowerPoint slides to highlight some of the items that staff was encountering that would be improved upon as the project proceeded. He referred to a pole holding up traffic signals and noted that it was one of the older style Maricopa County poles and explained that they had very little ability to carry signal heads. As they had expanded and added lanes and more signal heads, that pole would be replaced. It was also in an area that as they added a third lane of pavement, it would be in the way of the new pavement and it was due to be replaced. He added that the curb line would also be moved out farther to the north. Mr. Woodlan referred to a photograph taken near Technology Boulevard that showed the asphalt that was in a berm area and not thick asphalt(a little chip and seal,etc.) and stated that that would be removed and a new lane of pavement, as well as a bicycle lane and curb and gutter, would be added with sidewalk behind. He said that the mast arm of that pole should be able to remain at its current location. Mr. Woodlan displayed a picture of Saguaro Boulevard just north of Shea Boulevard and said that the identified turning pocket represented the southbound traffic coming down Saguaro and coming into the two left turn lanes that turn onto Shea Boulevard. He also referred to a small turn pocket into Trevino and explained that this was one of staff's major concerns. He stated that right now they had cars stacking up during peak times and the traffic blocked Trevino. He informed the Council that the goal, from a traffic engineering standpoint, would be to extend these lanes further to the north; however, if they extended them north then that would conflict with the turning lane. He said that staff still had not resolved how to handle traffic turning off of Saguaro into Trevino or coming out and that was what they had HDR's engineers working on. They were in the process of conducting a traffic study. Mr. Woodlan further stated that in May of 2008, the Council approved an agreement with HDR for the first phase and they were approximately 60 something percent complete with the traffic study. Staff had met with ( one of the property owners at the intersection (there were six major property owners they wanted to talk to) and next week they had meetings set up with two more owners to discuss lane configurations at the intersection. Staff also planed to schedule a public meeting and would bring this item back to the Council in the future. He stated that the item on the agenda this evening was Phase II of the agreement with HDR— the detailed design. This agreement was again a grant agreement and included a MAG reimbursement (70% reimbursement) and staff recommended approval. Mr. Woodlan indicated his willingness to respond to questions from the Council. Town Clerk Bev Bender advised that there were no citizens wishing to speak on this agenda item. Councilmember Archambault MOVED to approve Amendment No. 1 to the Professional Services Agreement with HDR Engineering, Inc. in the amount of $205,528.00 and Councilmember Dickey SECONDED the motion. Councilmember Dickey asked whether there would be right turn arrows at the new light on Shea and Saguaro Boulevards and Mr. Woodlan confirmed that there would be. Councilmember Dickey added that sometimes when people made a right to get onto Saguaro, they had to immediately get into the left lane to make the quick left into the Circle K. She requested that the engineers looking at this project take this into consideration as well. Mr. Woodlan agreed with Councilmember Dickey's observations and advised that the issues raised by her were some of the issues into which they would be looking. Councilmember Archambault said that it was confusing when people were heading west on Shea Boulevard from 87 and they saw all of the right hand turn lanes. He stated that he hoped they were going to clear up that Nor, situation as well and Mr.Woodlan confirmed that they would. Councilmember Archambault asked whether the z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 9 of 15 plan was to upgrade all of the poles at the intersection to allow for the latest electronic technology as they moved into construction in 2010. Mr. Woodlan replied that they planned to do a portion of that work, including adding video detectors similar to those at other intersections. He stated that there were loop detectors, which were cut into the asphalt for each lane and for the video detectors, cameras were placed up on top of the poles and then electronically they could divide the lanes up to provide a bicycle lane and the lanes of traffic. He said that they also planned on upgrading some of the parts of the signal heads (to all LED signal heads) and the yellow signal heads must be upgraded. He added that they planned to interconnect the signals so that vehicles would not have to stop at each of the lights. Discussion ensued relative to the fact that Saguaro, heading east at Shea, needed two lanes for left turns; the fact that although the agenda item was for a $205,528 dollar amount, the Town's portion of that was actually $61,658 because of a reimbursement grant in the amount of $143,869; the fact that the schedule called for design to take place now followed by right-of-way acquisition and then construction; the fact that permission had to be requested from MAG for any time extensions; the fact that the biggest hurdle was typically the placement of underground utilities; various problems and issues that staff and HDR's engineers would be looking into; Vice Mayor Leger's comments relative to possible improvements on Saguaro Boulevard on the south side of Shea, specifically coming out of Denny's (there was a left hand turning lane and two lanes that move the traffic across Shea down Saguaro) and the possibility of putting in a right hand turning lane there or a right turn arrow; the fact that the problem identified by the Vice Mayor was "right on target" and was one of the things they would be looking at, perhaps setting up the arrows differently; the fact that some of the cities had cut back on curbing to allow turns without having to worry about jumping the curb when they get squeezed in and possible traffic violations that occurred as a result of existing lane configurations in certain areas (crossing three lanes of traffic). ( „ Councilmember Contino stated that he hoped that the cameras that were going to be installed would be better utilized than they were at El Lago and Saguaro and El Lago and Fountain Hills. He said that the traffic was terrible when there was nobody there and the light turned red and they had to wait until it went all the way around. Mr.Woodlan advised that staff would look into this issue as well as they moved through the process. Mayor Schlum stressed the importance of consulting with the various businesses that would be impacted and added that he supported working with the vacant land at the corner of Trevino and Saguaro to ensure that improvements made would benefit that piece of land in an effort to aid its development into a viable business park or whatever else it might become. He reiterated that safety was paramount but added that keeping people moving was also important. He expressed appreciation to staff and HDR for their efforts relative to this important project. The motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #10 — CONSIDERATION OF APPROVING A PURCHASE AGREEMENT THROUGH ZUMAR INDUSTRIES IN THE AMOUNT OF $36,450.00 PLUS APPLICABLE TAXES, UTILIZING THE CITY OF PEORIA CONTRACT #ACON31006, FOR BREAKAWAY SIGN POSTS TO BE USED FOR REPLACEMENT AND NEW INSTALL OF TRAFFIC CONTROL SIGNS. Ms.Zanon advised that both of these items (#10 and#11) were included in the Streets operating budget and both were contracts for the year and were maximum price contracts. L z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 10 of 15 Public Works Director Tom Ward commended Mr. Woodlan for his expertise and knowledge in these areas and Loy advised that Mr.Jim Michalak,Traffic Signal Technician, was also present and he took care of all of the Town's signals. He discussed the purpose of this agenda item and said that#10 covered just the poles and explained that they divided the items into two separate agenda items (#10 and #11). He noted that the Town received an excellent discount as a result of utilizing the City of Peoria's contract. He said that people had been asking why the poles were being replaced and explained that they did not have breakaway poles and when you were in the clear zone you wanted to have breakaway poles. He added that this was something that all of the municipalities were going to and staff believed them to be a very valuable commodity that would lessen the Town's liability and enhance public safety. He pointed out that the poles were easily replaceable and indicated his willingness to respond to any questions. Town Clerk Bev Bender advised that there were no citizens wishing to speak on this agenda item. Councilmember Archambault MOVED to approve the purchase agreement through Zumar Industries in the amount of$36,450.00 plus applicable taxes and Councilmember Contino SECONDED the motion. Councilmember Contino asked where the breakaway poles would be used and Mr.Ward replied that they would be used on all of the new street signs that would be going up and Mr. Michalak added that they would also be used on the stop signs. Councilmember Contino noted that a few months ago someone had hit a light pole and it fell across Saguaro at Palisades and asked whether a breakaway pole would have lessened the results. Mr. Michalak advised that the incident being referred to by Councilmember Contino involved a truck hitting a signal head and knocking the signal head off of the mast arm, causing the intersection to lose all of the lights. (ivy He said staff was able to get out there right away and the signal head was replaced that very afternoon. He clarified that it was not a pole that was hit. Mayor Schlum asked if other municipalities were replacing existing poles or just using the breakaways for new poles. Mr. Ward explained that the clear zone was the area located right behind the curb where the poles were right now and staff was changing out a channel pole to a square pole that had a breakaway at the bottom. He said that if the pole was hit, it would not crash onto a car, it just went flat. Ms. Zanon noted that the Town was coming to the end of a three-year project and they were replacing street name signs and bringing them up to the current standard, which utilized a higher reflectivity material and they were actually making the signs slightly larger. She said this provided another great opportunity to utilize the breakaway poles. Councilmember Hansen commented that this item had been identified as a need for the Town. The motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM#11—CONSIDERATION OF RENEWING A PURCHASE AGREEMENT THROUGH ZUMAR INDUSTRIES IN THE AMOUNT OF $77,775.00 UTILIZING MARICOPA COUNTY CONTRACT #03255-C, FOR NEW REPLACEMENT CUSTOM SIGNS TO INCLUDE STREET NAME,REGULATORY AND CUSTOM SIGNS. Ms. Zanon advised that this item was a continuation of the previous item and added that Mr. Ward would address the Council relative to this issue. L z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 11 of 15 Mr. Ward stated that this item was the "meat and potatoes" of what they were doing—putting the signs up. He noted that these signs were mandated by the Federal Highway Administration and they were six inches high and utilized high-intensity sheathing. He said that this was the third year of a three-year program and reported that signs in two thirds of the Town had already been erected and staff wanted to finish the remaining one third. He stated that staff recommended approval of this agenda item. Ms. Bender advised that one citizen wished to address the Council relative to this issue. Bob Deppe, North Boulder, addressed the Council and said that he believed that the signs that had already been replaced contained a symbol of the Fountain on their extreme left-hand sign and the Mayor said that he would have staff confirm that after Mr. Deppe presented his remarks. Mr. Deppe advised that the signs with the symbol on them had begun to show north, south, east and west designations on them and he lived on North Boulder and the sign at the end of Boulder and Golden Eagle said East Boulder. He questioned whether they were changing the names of the streets and added that Golden Eagle was now East Golden Eagle and Palisades was East Palisades and there was no West Palisades. He added that the signs were not consistent because some of the signs had East on them and some did not and said that if they were going to change the names of the streets he would like to know about it beforehand. Mayor Schlum thanked Mr. Deppe for his comments. Mr.Ward said that sometimes in a hillside community when streets wind, direction could change and added that they were not perfect so if they made a mistake out in Mr. Deppe's area, Mr. Michalak would look into it. He thanked Mr. Deppe for bringing the issue to their attention. In response to the Mayor, Mr. Ward advised that the new signs did have Fountains on them and direction designations for fire and law enforcement purposes. Councilmember McMahan recommended that the Town's Public Information Office should remind residents and visitors from time to time that the Town did not have any west or south streets due to the Valley of the Sun grid. In response to additional questions from the Council, Mr. Ward advised that advanced street signs were not being changed and they were not part of the mandate. Councilmember Archambault MOVED to approve the renewal of a purchase agreement through Zumar Industries in the amount of $77,775.00 and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #12 — UPDATE REGARDING THE IMPLEMENTATION OF THE TOWN COUNCIL'S 4TH QUARTER GOALS BY THE ACTING TOWN MANAGER. Acting Town Manager Kate Zanon addressed the Council relative to this agenda item and said that the Council had nine goals, several of which were completed earlier in the Fiscal Year. She indicated her intention to highlight the goals that staff worked on during the last quarter. Ms. Zanon discussed two of the goals, Responsible Development of the State Trust Land and Promote Commercial Development and Business Vitality and noted that both contained an objective that related to updating the Town's General Plan. She explained that the Town's General Plan Update had to be delayed due to a variety of factors including the State Trust Land. She said that those two objectives were taken as far as they could during the last Fiscal Year and would hopefully be completed this Fiscal Year. z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 12 of 15 Ms. Zanon referred to the Pedestrian Safety goal and noted that there were a lot of sidewalks constructed this L., Fiscal Year. She referred the Council to Page 8 of the Staff Report and stated that all of the completed sidewalks had been listed. Mr. Ward informed the Council that a lot of sidewalk work took place during the last Fiscal Year and provided data relative to the amount of actual sidewalk footage that was constructed. Ms. Zanon stated that Mr.Ward deserves credit for the hard work he had done and reported that more work was done in this area last year than during the previous ten years. Ms. Zanon discussed the Environmental Policy goal which came forward at the end of the last Fiscal Year and said that staff would continue to work on it this year. Ms. Zanon also discussed Business Development and Economic Vitality and informed the Council that a new program was launched last Fiscal Year, the Business Retention Program, and advised that staff worked diligently with the Chamber of Commerce to establish the Business Vitality Advisory Council. She added that extensive effort had gone into creating new partnerships between them, the business community, and the Town. She said that this goal would move into the current Fiscal Year because there was a similar goal in place with a great platform to accomplish even more. Mayor Schlum thanked Mr. Zanon for her update and commended her and the Chamber on their Business Vitality efforts. AGENDA ITEM#13—COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER Items listed below were related only to the propriety of(i) placing such items on a future agenda for action or Ntio (ii) directing staff to conduct further research and report back to the Council. A. AT THE REQUEST OF COUNCILMEMBER MCMAHAN, THE TOPIC OF OFF-TRACK BETTING HAS BEEN PLACED ON THIS AGENDA FOR THE PURPOSE OF PLACING THIS ITEM ON A FUTURE AGENDA FOR DISCUSSION AND POSSIBLE ACTION. Councilmember McMahan stated that this subject was brought up last year by a businessman in the community, the owner of Bruno's Sports Bar&Grill, and he would like to have the Town discuss the possibility of allowing off-track betting at that place of business. Councilmember McMahan noted that off-track betting had been very successful in Scottsdale despite some earlier concerns that were expressed and said that it represented an added source of income. He stated that Bruno had run a successful business in Town for a number of years and advised that the entire program was sponsored by Turf Paradise Race Track and the general format was that Turf Paradise would take over a portion of the bar with television sets and that was where the off-track betting took place, within those parameters. Councilmember McMahan advised that the hours would be from 11:00 a.m. until 7:00 p.m. and they generally had the major tracks in the United States and on special days such as Derby Days they did very well. He added that Bruno would like to be the local representative for off-track betting Councilmember McMahan discussed the Town's demographics and stated that Fountain Hills was comprised of mostly an older crowd, mostly seniors (locals and visitors) and because of that and the limited hours of operation he would not anticipate any "rowdiness" or similar problems. He noted that Turf Paradise had prepared a packet on this issue that had been distributed earlier. He requested that this issue be brought before the public for discussion and placed on the agenda of the August 25`11 meeting. He added that Turf Paradise would be in attendance and do a formal presentation. He pointed out that the Town would gain revenue as a result of this venture and thanked the members of the Council for their consideration of his request. z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 13 of 15 Mayor Schlum thanked Councilmember McMahan for his remarks and asked Town Attorney McGuire to Li, comment on the allowable scope of their discussion this evening. Mr. McGuire stated that this was a discussion about whether or not the Council wanted to talk about this issue on August 25th with a full-blown presentation by Turf Paradise and staff. He said that if there were a sufficient number of people who supported this request, staff would make sure that it took place. He added that at this point in time, no motion was needed and stated that staff would take their direction from the members who weighed in on this issue. Councilmember Archambault said that he believed this was something that the Council should take a look at. He stated that he reviewed the information that was provided and believed that the matter warranted further investigation. He added that the only question he had was whether staff could prepare the information in time for an August 25th meeting. Ms. Zanon addressed the Council and stated that staff would be happy to accomplish as much research as they possibly could in preparation for the August 25th meeting. They would have approximately one week to ten days to conduct the research and prepare a report for the Council. She added that staff would be happy to report whatever they could on August 25th but said that due to the time limitations, they might not be able to provide complete information. Ms. Zanon stated that at that time staff would have to let the Council know whether further research time was required. She noted that the other option would be to delay discussion on this item to allow additional time for more in-depth research. Mayor Schlum commented that if other people were going to participate in the meeting he would rather maximize the ability to have everything done during one meeting but requested input from the other members of the Council. Councilmember Archambault expressed the opinion that the Council should leave it up to staff to place the item on an agenda once they had obtained the information they believe would be needed. Councilmember Dickey asked whether the Council could have an opportunity to see the presentation prior to the night of the meeting and the members concurred that this would be beneficial. Councilmember Hansen stated that she would like to tell the business owner to aim for the first meeting in September if that was possible rather than say "two or three meetings out." She noted that the Council did receive a fairly comprehensive packet from Turf Paradise and said that was probably a good indication of what they would be seeing during the actual presentation. Additional discussion ensued relative to the timing of this issue and it was the consensus of the Council that the item be placed on the agenda of the first meeting in September to allow staff sufficient time to conduct research and prepare a report for the Council's review and consideration. Councilmember Archambault asked whether there would be a requirement on an issue such as this for public input(public notice that the Council was moving forward). Mr. McGuire advised that he would review the applicable statutory provision (Title 5) and report his findings. He added, however, that his most recent view of those statutes appeared quite open and merely stated, "with Town Council approval." Councilmember Dickey said that she did want to accommodate people's time but added that there had to be an understanding that a decision might not be made at the first meeting in September. She added that she never wanted to act on something before being ready to do it (i.e. if there was insufficient public input, she did not z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 14 of 15 want to be forced into saying that a decision would be made at that meeting if she felt more needed to happen). (of She said that she was not opposed to placing the item on the agenda but just wanted to clarify where she was coming from. Mayor Schlum also stressed the importance of making their neighboring community, the Fort McDowell Yavapai Indian Community, aware of this matter. He emphasized the importance of maintaining the Town's positive relationship with this entity and determining whether there would be any impacts on the Community. Councilmember Contino commented that from what he had heard from Fort McDowell he did not believe that this proposal would bother them at all. Vice Mayor Leger asked whether a specific zoning district would be required for this type of activity and Mr. McGuire advised that he did not think so and believed that as long as they had a commercial business properly operating within its zoning category everything would be fine. Mayor Schlum thanked Councilmember McMahan for bringing this item forward and the rest of the Council for their valuable input. AGENDA ITEM#14—SUMMARY OF COUNCIL REQUESTS BY THE ACTING TOWN MANAGER. Research to be done relative to Off-Track Betting operations for the first meeting in September. AGENDA ITEM#15 -ADJOURNMENT Councilmember Contino MOVED to adjourn the meeting at 8:29 p.m. and Councilmember McMahan LI, SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). TOWN OF FOUNTAIN HILLS B i Y chlum,Mayor ATTEST AND PREPARED BY: Bevelyn J der,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive and Regular Session held by the Town Council of Fountain Hills on the 7th day of August 2008. I further certify that the meeting was duly called and that a quorum was present. DATED this 25th day of August 2008. Bevelyn J. en r,Town Clerk z:\council packets\2008\r8-25-08\8-7-08 regular and executive minutes.doc Page 15 of 15