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HomeMy WebLinkAbout2008.0825.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE (Iirr FOUNTAIN HILLS TOWN COUNCIL August 25,2008 Mayor Schlum called the meeting to order at 5:00 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, FOR INTERVIEWING APPLICANTS FOR POSSIBLE SERVICE ON THE PLANNING AND ZONING COMMISSION.) 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 and Councilmember Archambault. Town Manager Rick Davis, Town Attorney Andrew McGuire, Director of Planning&Zoning Richard Turner and Town Clerk Bev Bender were also present. Councilmember Dickey was excused from the meeting. Councilmember Archambault MOVED to convene the Executive Session at 5:00 p.m. and Vice Mayor Leger SECONDED the motion, which CARRIED UNANIMOUSLY (6-0)by those present. Without objection,the Mayor adjourned the Executive Session at 5:55 p.m. AGENDA ITEM#2—RETURN TO REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:32 p.m. * INVOCATION—Associate Pastor Gary Emmons, 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 and Councilmember Archambault. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. Councilmember Dickey was excused from the meeting. * MAYOR'S REPORT None. z:\council packets\2008\r9-18-08\08-25-08 executive and regular minutes.doc Page 1 of 8 * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (16w (i) DEPARTMENT DIVISION INFORMATION OVERVIEW OF SERVCES PROVIDED — VOLUNTEER PROGRAM BY VOLUNTEER COORDINATOR HEATHER WARE. Volunteer Coordinator Heather Ware addressed the Council relative to this agenda item and said that she was proud to speak to them this evening on the Town's Volunteer Program. She stated that people volunteer because they understand that it was important to participate in the life of the community and that their work benefited everyone. She added that the volunteers in Fountain Hills touch the community in many ways and open avenues for better communication between Town government, residents and visitors. They bring energy, skill, enthusiasm, vision and support for the Town and gain an insider's look at how local government works. She added that volunteerism was also an opportunity to share talents and skills. Ms. Ware advised that volunteers participate in a large variety of programs including: • Town Hall—Administration, Parks &Recreation, Planning&Zoning and Public Works • Community Center • Senior Services • Home Delivered Meals • Adopt-A-Street • Crisis Activated Response Effort(CARE) and • Courts Ms. Ware noted that the benefits of volunteering include: • Making a difference • Link between volunteering and health • Input in the development of community/local government • Monthly coffees and newsletters • Volunteer-of-the-Month program • Annual volunteer reception • National Volunteer Month(April) • Form friendships with staff and other volunteers • Help with special events • Utilize personal skills and share knowledge, and • Prepare for career entry or re-entry Ms. Ware discussed the benefits to the Town and reported that so far in 2008, 450 volunteers had donated 6,430 hours of services, which equaled a dollar value of $116,833 in savings to the Town (the hourly volunteer value in Arizona is $18.17). She added that the volunteers were provided opportunities to build relationships with residents, share their skills and life experiences and make continuous improvements to the various programs. Ms.Ware listed the following events/programs that constitute volunteer opportunities in Town: • St. Patrick's Day special event in the Park • Turkey Trot Race • Serving as sports officials or coaches • Concerts in the Park attendants • Child care aides • Trail and park stewards z:\council packets\2008\r9-18-08\08-25-08 executive and regular minutes.doc Page 2 of 8 • Adopt-A-Street • Home Delivered Meals drivers • Crisis activated Response Effort(CARE) • Teen Court program and • Senior Services Activity Center Ms. Ware further outlined additional volunteer opportunities that exist in Fountain Hills. She emphasized that everyone could serve and make a difference and, quoting Dr. Martin Luther King, Jr., "Everyone has the power of greatness; not for fame but for greatness, because greatness is determined by service." Ms. Ware aired a brief musical video that highlighted photographs of the volunteers who provide exceptional service to the community. She thanked the Council for the opportunity to address them this evening. Mayor Schlum expressed appreciation on behalf of the Council and the entire community to Ms. Ware and all of the citizens in Town who volunteer their services and truly make a difference in Fountain Hills. The Mayor requested that all of the volunteers present stand and be recognized by the Council and members of the audience. Councilmember McMahan commented that for years the community's volunteers had been their greatest asset and said that everyone was proud of them and appreciated all that they did. CALL TO THE PUBLIC Town Clerk Bev Bender advised that one speaker had submitted a request to speak, Ann Flynn Duncan, who declined to present remarks at this time. The Mayor said that he would like to take this opportunity to recognize a matriarch of Fountain Hills who recently passed away, Margaret (Peg) Tibbetts, and noted that Ms. Tibbetts had contributed greatly to the community as a whole and had volunteered countless hours. Mayor Schlum provided brief background information relative to Ms. Tibbetts' activities in Fountain Hills over the years and said that she would be sorely missed. The Mayor announced that a memorial service for Ms. Tibbetts would take place on September 27th and encouraged attendance at this event. CONSENT AGENDA AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM AUGUST 7,2008. AGENDA ITEM #2 — CONSIDERATION OF APPROVING RESOLUTION 2008-34, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE SOUTHWESTERLY PROPERTY LINE OF PLAT 506B, BLOCK 2, LOT 9 (15067 E. GREENE VALLEY ROAD) AS RECORDED IN BOOK 159 OF MAPS, PAGE 3, RECORDS OF MARICOPA COUNTY, ARIZONA. EA08-07 (HAUBRICH AND HIGGINS). AGENDA ITEM #3 — CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION SUBMITTED BY KENNETH BOWMAN (AMVETS POST 7), LOCATED AT 17030 E. ENTERPRISE DRIVE,FOUNTAIN HILLS,AZ. THIS IS FOR A SERIES 14 LICENSE—PRIVATE CLUB. AGENDA ITEM #4 — CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION SUBMITTED BY LORENZO PANEPINTO (SICULI,L.L.C.,DBA SAPORI D'ITALIA)LOCATED AT 11865 N. SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES 12 LICENSE— RESTAURANT. z:\council packets\2008\r9-18-08\08-25-08 executive and regular minutes.doc Page 3 of 8 Councilmember Contino MOVED to approve the Consent Agenda as listed and Councilmember McMahan SECONDED the motion. LA roll call vote was taken with the following results: Councilmember Contino Aye Councilmember Hansen Aye Vice Mayor Leger Aye Councilmember Dickey Absent Mayor Schlum Aye Councilmember McMahan Aye Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY(6-0) by those present. REGULAR AGENDA AGENDA ITEM #5 — CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR THE MOVIE IN THE PARK, SPONSORED BY THE TOWN OF FOUNTAIN HILLS TO BE HELD IN FOUNTAIN PARK, WHICH IS SCHEDULED FOR SEPTEMBER 13, 2008, AND WILL REQUIRE CLOSURE OF SAGUARO BOULEVARD NORTH OF AVENUE OF THE FOUNTAINS TO PALISADES BOULEVARD FROM 6:00 P.M.TO 10:00 P.M. Recreation Supervisor Bryan Hughes addressed the Council relative to this agenda item and stated that on the agenda this evening there were three Special Event applications and a request for a Special Event Liquor license and he would address all of the items at one time. He stated that Movie in the Park and Ballet Under the Stars were special events coordinated through the Town's Parks &Recreation Department and Oktoberfest was being coordinated by a group of volunteers with the help of the Parks & Recreation Department. He noted that the events were all part of the Town Council's goal this year to coordinate or facilitate with community partners the expansion or creation of up to four events that would grow to 2,000 or more participants over two years by June 30, 2009 (the purpose of which was to strengthen Fountain Hills' small town character). Mr. Hughes expressed the opinion that the events represented excellent opportunities for people in the community to enjoy themselves and hopefully attract visitors to the Town and allow them to experience what Fountain Hills had to offer. He reported that the Movie in the Park, "Madagascar" had been scheduled for Saturday, September 13th at 7:00 p.m. in Fountain Park (the sixth Movie in the Park to date). Ballet Under the Stars would take place on Thursday, September 25th at 7:00 p.m. at Fountain Park (this was the third year that Ballet Arizona had included Fountain Hills in their Ballet Under the Starts series and an estimated 1,500 to 2,000 people attended each of the previous performances at Fountain Park). Mr. Hughes noted that the Town had been awarded$2,100 from the Arizona Commission on the Arts to help offset costs associated with this free performance for residents and visitors. The last event, Oktoberfest, was to take place on Friday and Saturday, September 26th and 27th, from 4:00 p.m. to 9:00 p.m. at Fountain Park. Mr. Hughes advised that AMVets, the Southwest German Society, had teamed with Sister Cities and the Elks Club to celebrate the traditional Oktoberfest in Fountain Park. The event was for families and would include German music and food, beer, contests and a designated children's area. There was no cost for admission. Discussion ensued relative to traffic restrictions, traffic control and security (Maricopa County Sheriffs' Office would provide Sheriff's Deputies and Posse members for both traffic control and event security for all three events; Oktoberfest and the fact that a Special Event Liquor License was being requested by AMVets Post No. 7, a new fraternal branch of the AMVETS organization, which had been in existence for more than 60 years; and the fact that law enforcement was requiring that four off-duty deputies provide security for this event (patrolling inside and outside the gates). z:\council packets\2008\r9-18-08\08-25-08 executive and regular minutes.doc Page 4 of 8 Mr. Hughes advised that staff recommended approval of all three Special Event Applications and the Special Event Liquor License. He added that he would like to ask Ms. Christine Colley, founder of the German Club in Fountain Hills and coordinator of the first Oktoberfest in Town, to provide some input relative to the Oktoberfest event. Ms. Colley addressed the Council and said that the previous Oktoberfest event had been very successful and opportunities to volunteer for the upcoming event were available. She noted that they will have the same band, good entertainment and good food and she would like to invite everyone to attend this fun event. She said that they hoped to create an event that would be repeated for many years to come. Mayor Schlum and members of the Council thanked Ms. Colley and Mr. Hughes for their remarks. Mayor Schlum asked if there were any questions from the Council relative to Agenda Items 5, 6, 7 and 8 and there were none. Councilmember Archambault MOVED to approve the Special Event Application for Movie in the Park as presented and Vice Mayor Leger SECONDED the motion CARRIED UNANIMOUSLY by those present(6- 0). AGENDA ITEM #6 — CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR BALLET UNDER THE STARS, SPONSORED BY THE TOWN OF FOUNTAIN HILLS, TO BE HELD IN FOUNTAIN PARK, WHICH IS SCHEDULED FOR SEPTEMBER 25, 2008, AND WILL REQUIRE CLOSURE OF SAGUARO BOULEVARD NORTH OF AVENUE OF THE FOUNTAINS TO PALISADES BOULEVARD FROM 6:00 P.M.TO 10:00 P.M. (See discussion under Agenda Item#5.) Vice Mayor Leger MOVED to approve the Special Event Application as presented and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #7 — CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR THE OKTOBERFEST, SPONSORED BY AMVETS POST NO. 7, TO BE HELD IN FOUNTAIN PARK, WHICH IS SCHEDULED FOR SEPTEMBER 26, 2008, AND WILL REQUIRE CLOSURE OF SAGUARO BOULEVARD NORTH OF AVENUE OF THE FOUNTAINS TO PALISADES BOULEVARD FROM 3:00 P.M.TO 10:00 P.M. (See discussion under Agenda Item#5.) Councilmember McMahan MOVED to approve the Special Event Application as presented and Councilmember Hansen SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM#8—CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY AMVETS, POST NO. 7 (SAMUEL COFFEE) FOR THE OKTOBERFEST TO BE HELD IN FOUNTAIN PARK, WHICH IS SCHEDULED FOR SEPTEMBER 26, 2008, AND SEPTEMBER 27,2008,FROM 5:00 P.M.TO 9:00 P.M.EACH DAY. (See discussion under Agenda Item#5.) Councilmember Archambault MOVED to approve the Special Event Liquor License application as presented and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). Lor AGENDA ITEM#9—UPDATE BY THE DIRECTOR OF PLANNING AND ZONING ON ACTIVITIES AND PROJECTS: z:\council packets\2008\r9-18-08\08-25-08 executive and regular minutes.doc Page 5 of 8 A. PLANNED AREA DEVELOPMENT(PAD DISTRICT) B. OUTDOOR USE OF COMPACT FLUORESCENT LIGHT BULBS Planning & Zoning Director Richard Turner addressed the Council relative to these agenda items (A&B) and stated that he wished to provide an update on two proposed amendments to the Town's Zoning Ordinance. The first would add a new Planned Area Development (PAD) District. The PAD would be a new, flexible development tool that would allow a project with a mix of uses and common design elements. Permitted density and uses would be per the Town's General Plan. He noted that staff reviewed ordinances in Peoria, Chandler, Goodyear, Avondale, Clarkdale, and Casa Grande as well as other jurisdictions that had similar PADs in place. He explained that this would be a primary zone and not an overlay, which meant that it would not be used in combination with any other zoning district; it would be a freestanding zone. He added that the General Plan would control the land use and density of the property. He explained that the use would be flexible to a point (i.e. any deviations from development standards would require Town Council approval). He noted that there was an open space requirement (15% of the area must be preserved for open space). He said that "key" to the PAD zone was the development plan itself and that must be recorded at the end of process because that is what would be enforced. He stated that staff saw the application being applied to some of the parcels in the Ellman project to ensure a much more refined analysis of the site. He added that they would also be able to provide some flexibility in the project in terms of lot sizes and setbacks. Mr. Turner noted that there were some vacant parcels in Town and said that PAD zoning might be appropriate for those parcels as well. In addition, some future redevelopment projects might also be appropriate for this type of zoning. He outlined the next steps that included going to the Planning &Zoning Commission and requesting that they initiate this change to the Zoning Ordinance. He added that this would be followed by public hearings before the P&Z and the Town Council. Mr. Turner further stated that the second proposed Ordinance amendment allowed greater flexibility in the outdoor use of compact fluorescent light bulbs (CFBs). The current regulations (Chapter 8 of the Zoning Ordinance) did not adequately address this new technology. Mr. Turner advised that if these changes were initiated, the review/approval process would include a recommendation by the Planning &Zoning Commission. He discussed the energy saving trend that existed and advised that the proposal was a step in the right direction. He said that as part of the consideration to amend the Ordinance, staff would have to decide issues such as shielding, wattage, and filtering of the lights, while at the same time respecting the "dark skies" principles that had already been incorporated into the Town Code. He said that the P&Z Commission initiated this change on August 14th and a Work Study Session has been scheduled for September 11t, which would be followed by public hearings conducted by the P&Z Commission and the Council. Mr. Turner indicated his willingness to respond to questions from the Council relative to the two proposed amendments. Councilmember McMahan expressed concerns relative to the disposal of fluorescent bulbs and said it is his understanding that they contained mercury. Mr. Turner advised that staff would be conducting a lot more research into this particular area and would provide information to the Council. Councilmember Contino commented on the fact that there were two different types of fluorescent lights, a regular and a bright light, and requested staff input relative to this issue. Mr. Turner reiterated that staff was currently conducting research into this area and would be sure to check that out and report their findings. Mayor Schlum discussed the glare that these types of bulbs emit and expressed appreciation to staff for their efforts to look into shielding and protecting Fountain Hills' "dark skies." Vice Mayor Leger thanked the Town Manager and Mr. Turner for the update and said that they appreciated the advance notice on these issues. z:\council packets\2008\r9-18-08\08-25-08 executive and regular minutes.doc Page 6 of 8 Councilmember Hansen requested that Mr. Turner discuss the community meeting that had been planned to discuss signage. Mr. Turner stated that an Open House would be held on September 8th from 5:00 p.m. to 7:00 Lew p.m. at the Community Center and added that the public was invited to attend this meeting. Mayor Schlum thanked Mr. Turner for his presentation. AGENDA ITEM#10—COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER Items listed below are related only to the propriety of(i) placing such items on a future agenda for action or(ii) directing staff to conduct further research and report back to the Council. A. NONE AGENDA ITEM #11 — SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER. Town Manager Rick Davis informed the Council that he had been working on developing a modified agenda proposal, which would increase the frequency with which the staff could interact with the Council instead of having that once a month. He discussed actually scheduling a time before each Council meeting for staff to provide updates and share information, much like they do now at the third meeting of the month (the middle meeting). Mr. Davis commented on the fact that Councilmember Dickey was not present at the current time and said that this was something that he would attempt to solidify into a proposal format to present to the entire Council. He emphasized that staff's intention was to increase frequency of contact and information sharing, leaving the third meeting as an alternative rather than as a required Work Study Session every single month. He stated that he would be looking for input and direction from the Council in this regard. Mr. Davis further stated that two members of the Council (Councilmembers Contino and Archambault) had agreed to serve on a committee to look into the Town's fire contract in light of the fact that it expired at the end of June 2009. He said that they felt it prudent to put together a committee that would be comprised of staff, a member of the Town's Public Safety Commission, and the Council to provide the entire Council with information and options relative to this important issue. He noted that there was some misinformation circulating that this had to do with the Town's law enforcement agreement and he clarified that it did not. Mr. Davis stated that staff was attempting to be proactive in this crucial area, involve the Council, and provide input early on so that the Council had time to consider all of the options. Mr. Davis reported that the first meeting of the Executive Budget Committee had taken place and said that the Mayor serves on that Committee, which was chaired by Finance Director Julie Ghetti. He added that they looked forward to their October 3rd meeting with the Council (a half day session to "kick off' the budget) and again emphasized the importance of being proactive in this area and including the Council in the process early on. He advised that Councilmember Hansen actually came up with this idea and thanked her for her input. Mr. Davis reported that a meeting would be held on September 2nd in the Council Chambers at 7:00 p.m. to discuss the Dog Park issue and said that staff felt it prudent to obtain some input and ideas and was looking forward to the discussion on this issue and the exchange of ideas with those interested in the Dog Park. He stated that staffs goal was to do the very best job they could on the Park and that could not be done without feedback from the people who were going to be using it. He added that Parks & Recreation Director Mark Mayer was working hard to put that meeting together and invited the members of the Council to attend. Mr. Davis also announced that he and his wife had purchased a home in Fountain Hills and is proud to be a member of the community. Mayor Schlum welcomed Mr. Davis and his family to Fountain Hills. Cow z:\council packets\20081r9-18-08\08-25-08 executive and regular minutes.doc Page 7 of 8 AGENDA ITEM#12-ADJOURNMENT Councilmember Contino MOVED to adjourn the meeting and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY(6-0)by those present. The meeting adjourned at 7:18 p.m. TOWN OF FOUNTAIN HILLS By T. Schlum, Mayor ATTEST AND PREPARED BY: Bevelyn J. e ,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 25th day of August 2008. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of September 2008. Bevelyn J. B der, own Clerk L z:\council packets\2008\r9-18-08\08-25-08 executive and regular minutes.doc Page 8 of 8