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HomeMy WebLinkAbout2008.1001.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 1,2008 • : Mayor Schlum called the meeting to order at 5:04 p.m. ITEM: 1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO §38-431.03(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, (I) THE GOLF RESORT LITIGATION, AND (H) A POSSIBLE DOWNTOWN DEVELOPMENT AGREEMENT. Present for the roll call were the following members of the Fountain Hills Town Council: Mayor Jay Schlum, Councilmember Dennis Contino, Vice Mayor Henry Leger, Councilmember Keith McMahan, Councilmember Cassie Hansen, Councilmember Mike Archambault and Councilmember Ginny Dickey. Also present were Town Manager Richard L. Davis, Town Attorney Andrew McGuire and Acting Town Clerk and Recorder of the Minutes Janice Baxter. Assistant to the Town Manager Kate Zanon entered the meeting at 6:05 p.m. Councilmember Archambault MOVED to convene the Executive Session and Councilmember Ginny Dickey SECONDED the motion, which CARRIED unanimously, (7-0). Mayor Jay Schlum adjourned the Executive Session at 6:22 p.m. ITEM#2-RETURN TO REGULAR SESSION care , q —Mayor Schlum Mayor Schlum called the meeting to order at 6:32 p.m. • ' M —Pastor David Felton of The Fountains,A United Methodist Church • w - Present for the roll call were the following members of the Fountain Hills Town Council: Mayor Jay Schlum, Councilmember Dennis Contino, Vice Mayor Henry Leger, Councilmember Keith McMahan, Councilmember Cassie Hansen, Councilmember Mike Archambault and Councilmember Ginny Dickey. Also present were Town Manager Richard L. Davis, Town Attorney Andrew McGuire and Acting Town Clerk and Recorder of the Minutes Janice Baxter. • "+ °"�,''��� °"a "��+ - Mayor Schlum read a declaration proclaiming October 2008, "McDowell Mountain Month". Mayor Schlum also declared the week of October 5th through October 11, 2008 "Customer Service Week" and read "The Town of Fountain Hills Customer Service Week Proclamation". (i) Presentation by Mary Martin, Accounting Supervisor and Supervisor of the Customer Service Representatives regarding an overview of Customer Service. Ms. Martin gave an informational overview and included a PowerPoint Presentation describing the services provided by the Town Hall Customer Service Representatives. Ms. Martin also introduced each Customer Service Page 1 of 10 MM 10-01-08 TC(2) Representative to the Council and thanked them for their service. The current Town Hall Customer Service Representatives included Kathleen Butler, Dominick LaBate,Jane Robinson and Paula Woodward. Ms. Martin pointed out that to kick off our Human Resources Program, Councilmembers, Directors, and Supervisors would have the opportunity to hand out "Certificates of Appreciation" to those individuals who went above and beyond left daily work to provide exemplary customer service to the Town's external and internal customers. Mayor and Council expressed their appreciation to all the Customer Service Representative and Staff for the service they provide to the Council and residents of Fountain Hills. Mayor Schlum requested a"CALL TO THE PUBLIC". No one from the public had requested to speak. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM SEPTEMBER 9,2008,SEPTEMBER 16,2008 and SEPTEMBER 18,2008. AGENDA ITEM #2 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY RICK JONES (ON BEHALF OF THE AMERICAN LEGION POST 58),FOR THE PURPOSE OF A FUNDRAISER, LOCATED AT 16837 PARKVIEW AVENUE, FOUNTAIN HILLS, AZ, WHICH IS SCHEDULED FOR NOVEMBER 14,2008, AND NOVEMBER 15, 2008, FROM 9:00 A.M. TO 11:59 P.M.; AND NOVEMBER 16,2008 FROM 10:00 A.M.TO 11:59 P.M. AGENDA ITEM#3—CONSIDERATION OF APPROVING THE AREA AGENCY ON AGING PURCHASE OF SERVICE AGREEMENT FOR FISCAL YEAR 2009. Councilmember Dickey MOVED to approve the Consent Agenda as listed (Items 1-3). Councilmember Keith McMahan ,ECONDED the motion. A roll call was taken with the following results: Councilmember Contino Aye Councilmember Hansen Aye Vice Mayor Leger Aye Councilmember Dickey Aye Mayor Schlum Aye Councilmember McMahan Aye Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY(7-0). REGULAR AGENDA AGENDA ITEM # 4 — PRESENTATION BY VALLEY METRO TRANSPORTATION REGARDING THE TRANSIT SYSTEM IN MARICOPA COUNTY AND CONSIDERATION OF ACCEPTING TWO (2)VALLEY METRO TRANSPORTATION VANS FOR THE TOTAL PURCHASE PRICE OF TWO DOLLARS ($2.00)FOR PLACEMENT INTO SERVICE BY THE TOWN OF FOUNTAIN HILLS TO SERVE TRANSPORTATION NEEDS OF TOWN RESIDENTS RELATED TO TOWN PROGRAMS AND SERVICES. Town Manager Davis stated that he previously discussed with Valley Metro Management the status of the transit services �n the Fountain Hills area. Mr. Davis added that Valley Metro quickly responded to the Town's needs by providing a van r our senior program and by also offering a couple of the vans for the Town's use. In December 2008, the Town will provide Valley Metro a more comprehensive plan for the use of an additional van. Page 2 of 10 MM 10-01-08 TC(2) Bryan Jungwirth representing Valley Metro Systems (RPTA) gave a presentation on Valley Metro's focuses, challenges, and opportunities. Mr. Jungworth also updated the Town Council on the regional para-transit service. Mr. Jungworth stated that the overall Valley Metro System ridership from 2000-2008, increased 57% and requests for "Carpool Match Lists" increased 300% in the same time period. Mr. Jungworth also explained that the Vanpool Program in Arizona was ,ne of the fastest growing in the country and that 45 different agencies were waiting for new vans. He continued to say iiirenat in their 2008 survey it showed that two-thirds of people commuting had changed their way of commuting due to increasing gas prices. Mr. Jungworth pointed out that the overall Valley Metro ridership had increased from 24% in 2007 to 43% in 2008. Mr. Jungworth explained that in 2007, their agency accomplished implementing a new fare structure, which had not changed in 13 years. Mr. Jungworth cited the board had also adopted a new mission, vision, and goal for Valley Metro Services. He continued to point out that the Valley Metro Board Members had made a commitment to overtime create a single regional transit agency. Mr. Jungworth explained that MAG was also conducting a "Regional Transit Framework Study" and will hopefully implement a transit tax and be able to use this study as a basis for all the cities and towns throughout the region, when planning their transit system. Mr.Jungworth stated that challenges were currently being faced with the downturn in the economy that called for a higher demand for a better transit system. He added that commuters in December 2008 would see some relief by using the Valley Metro System for their commutes. Mr. Jungworth explained that the bus system was also adjusting their schedules to accommodate the schedule of the new light rail system. He added that Valley Metro had planned to offer a$1.00 ride made possible by expanding routes and deleting transfer boarders, which would minimizing wait times. Mr. Jungworth explained other details of the study and pointed out how Fountain Hills could benefit from this program. He explained that money allocated to Fountain Hills would be used for ADA certified riders. He suggested that the Town encourage riders who were eligible for ADA privileges acquire certification in order for the Town to retain allocated dollars. Mr. Jungworth finalized his presentation by reviewing the actual routes and times Valley Metro Systems would be available for Town services. Mr.Jungworth thanked the Council and asked if there were any questions. Councilmember Contino thanked Mr. Jungworth and Valley Metro Services for their focus on this part of the valley and ngratulated them on all their accomplishments. Councilmember Dickey announced that the "Clean Air Campaign" luncheon would take place at the end of this month. She explained that the luncheon helped to demonstrate the partnership Valley Metro Systems had with state agencies and how information on air pollution and other matters were shared between agencies. She also expressed her appreciation for their partnership. Councilmember McMahan asked Mr. Jungworth that if the light rail system was successful, would Valley Metro expand their routes eastward into Tempe and Mesa and possibly into the west valley. Mr. Jungworth answered that Valley Metro had planned on covering these areas, if possible. Mr. Jungworth added that Proposition 400 had 28 additional miles approved so that Valley Metro could plan to extend their routes and create an extension into Glendale at the I-10 interstate and other possible areas. Mayor Schlum asked Mr. Jungworth if there were any plans to make a route designed in a circulator pattern in Fountain Hills rather than going further down on Shea. Mayor Schlum suggested that perhaps going from Shea Boulevard to Saguaro Boulevard and then returning back down to Shea would be a possibility. Mr. Jungworth answered that the route currently planned for the year 2014, included a stop at Fountain Hills Boulevard, unless otherwise planned. Mr. Jungworth explained that any changes would be the Town's decision and would include additional costs incurred by the Town. Mayor Schlum asked if there were any plans to include the Beeline Highway in their routes so residents of Fountain Hills could have better access to the airport. Mr. Jungworth answered that there were no plans at this time. A discussion "etween Mayor Schlum and Mr. Jungworth pointed out that there were buses running from Fountain Hills commuters' Niiiircould use to connect from the Beeline Highway to the "Park-in-Ride", in Mesa. Mr. Jungworth explained that the "Park— Page 3 of 10 MM 10-01-08 TC(2) in-Ride was available and located around Sycamore Drive and Dobson Road in Mesa. He informed the Council that commuters could then pick-up the light rail and ride to the airport. Councilmember Contino MOVED to approve the acceptance of two Valley Metro vans for the purchase price of two dollars($2.00). Councilmember Dickey SECONDED the motion. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM 5 — CONSIDERATION OF RESOLUTION 2008-38, RELATING TO A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND FOUNTAIN HILLS TOWN SQUARE, LLC RELATING TO THE FOUNTAIN HILLS TOWN SQUARE PROJECT. CASE#DA2008-02 Kate Zanon,Assistant to the Town Manager, gave a presentation on the Fountain Hills Town Square Project Development Agreement. Ms. Zanon stated she began work on this project in April 2007. Ms. Zanon explained the Development Agreement with the help of a PowerPoint Presentation. Ms. Zanon highlighted the key components of the plan. She pointed out that due to the size and location of the proposed development,the Town would require some kind of assurance that the development would occur according to the proposed land use. Ms. Zanon explained that the Development Agreement also outlined the terms and conditions between the Town and the Developer, which also included the shared parking agreement. Mayor Schlum thanked former Mayor Nichols, the prior elected Council, and Town Staff who played a significant part to encourage this private development. Mayor Schlum requested a"CALL TO THE PUBLIC". No one from the public had requested to speak. Councilmember McMahan MOVED to approve RESOLUTION 2008-38, a Development Agreement between the Town of Fountain Hills and Fountain Hills Town Square, LLC, for the Fountain Hills Town Square, A Town Center project. Councilmember Archambault SECONDED the motion. Lir'Iayor Schlum thanked the Developer of the project and added the Town's support for their project. Mayor Schlum eiterated that one of the main reasons for the Development Agreement was due to the shared parking plan. Ms. Zanon explained that the next project step would be the submittal of the Concept Plan. She added that this plan would include a detailed site plan and all architectural elevations. Ms. Zanon added that staff should see these plans submitted within the next six months. Councilmember Hansen asked to clarify that approval of the development agreement did not commit the Council to an approval of the concept plan, that they did not go hand in hand. Ms. Zanon answered that this project was scheduled to come back to the Council. She explained that that would happen after the Planning and Zoning Commission reviewed the plans. She explained that the Council would definitely be able to weigh in on the project and would have separate approval of the Concept Plan. Councilmember Dickey expressed her gratitude because after a not very positive briefing in today's House of Representatives on budget issues, she said it was nice to have a project to look forward to that everyone was supporting. The motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #6 — CONSIDERATION OF A PROJECT AGREEMENT WITH MARICOPA COUNTY ASSOCIATION OF GOVERNMENTS (MAG) TO REIMBURSE THE TOWN UP TO $5,702,557 FOR ENGINEERING FEES, RIGHT-OF-WAY, AND CONSTRUCTION OF THE SHEA BOULEVARD WIDENING PROJECT Public Works Director Tom Ward introduced Randy Harrel, Town Engineer, who would present the high points of the rant. Mr. Ward explained that Mr. Harrel was instrumental in writing this grant and by using his expertise; Mr. Harrel Illoifiad made it possible for millions of dollars to be returned to the Town. Page 4 of 10 MM 10-01-08 TC(2) Mr. Harrel explained to the Town Council that the project agreement was with the Maricopa Association of Governments (MAG) and MAG would reimburse to the Town 70% of the outgoing Town's expenses for work planned and completed on the Shea Boulevard Widening Project. He continued to say that the MAG grant fund was available because of a regional half cent sales tax collected from the state. Mr. Harrel also provided a PowerPoint Presentation that demonstrated when and where these changes would be made and he pointed out the trouble spots that would be addressed Ln Shea Boulevard. Mr. Harrel explained the MAG reimbursement schedule for the project and also highlighted the total ost, along with various steps of work funded from 2009 thru 2010. He added that the Shea Boulevard Widening Project would only be a minor expense and would encompass only a small part of the total grant. Mr. Harrel stressed that after completion of the widening project, the remaining funds would be deferred into a future 5-year phase of the asset sales tax funding program. Mr. Harrel was asked if this grant included MAG paying 70% and the Town 30%. Mr. Harrel agreed with this statement and explained that staff had reviewed the grant and recommended going forward with the Shea Boulevard Widening Project. Mayor Schlum requested a"CALL TO THE PUBLIC". No one from the public had requested to speak. Mayor Schlum asked for a motion to approve the PROJECT AGREEMENT with MAG for the reimbursement grant up to 70% of the project costs for a maximum of$5,702,557. Councilmember Archambault MOVED to approve. Councilmember McMahan SECONDED the motion. Councilmember Hansen asked Mr. Harrel if businesses along Shea Boulevard were aware of the proposed plan. Mr. Harrell answered that almost all the area businesses along Shea had been informed. Mr. Harrel pointed out that the businesses had also seen the Town's projected time-line for completion of these projects. He explained that staff had addressed any concerns expressed by the businesses. Mr. Harrel stressed that the businesses input would definitely be considered during construction. Mayor Schlum asked if there would be an impact on the businesses and various subdivisions along Shea Boulevard. Mr. arrel answered that staff had anticipated holding an open meeting to receive input from the public and businesses that %homy be affected by the project. Mayor Schlum asked for clarification on where specifically the road improvements would begin. Mr. Harrel explained that the project would start near the Taco Bell Restaurant location on Shea Boulevard and continue westbound. Mr. Harrel explained that the next area would be east of Fountain Hills Boulevard to Palisades Boulevard on the north side of the road and would included a vehicle climbing lane; bike lane; sidewalk; and intersection improvements. A sidewalk or multi-use path would also continue past Eagle Mountain Parkway reaching into The City of Scottsdale. Mr. Harrel explained that there would be a shared expense between the City of Scottsdale and the Town for that section and was not part of this grant. Mayor Schlum asked if the 70%-30% agreement had a time restriction associated that would require the project to be completed by 2010 or 2011. Mr. Harrel answered that the project was scheduled between a 2006 to 2010 timeframe. Mr. Harrel explained that the Town would report to MAG after the first phase of the project was completed and then at that time would request the remaining monies deferred to future 5-year timeframes for further construction. Mr. Harrel added that MAG indicated this proposal would be acceptable. Mayor Schlum asked Mr. Harrel about the right turning lane(on green arrow) at Shea Boulevard and Palisades Boulevard. Mr. Harrel answered that the green arrow light would probably remain the same due to a line of site issue and because it was a dual right turn lane. Councilmember Dickey asked for clarification on the reimbursement term. Mr. Harrel explained that the Town would pay for the road work upfront and would then be reimbursed by MAG on a quarterly basis. "ouncilmember Dickey asked if any of the reimbursement of grant funds were not used on this project,could the funds be pplied to other improvements on Shea Boulevard. Mr. Harrel answered that staff had prioritized the projects that were needed immediate attention so there were no huge upfront costs to the Town. He added that money not spent in the first phase of construction would be available for future phases. Page 5 of 10 MM 10-01-08 TC(2) Councilmember Archambault asked Mr. Harrel what was the status of the traffic engineering work previously approved by Council. Mr. Harrel replied that in addition to meeting with the area property owners' staff had acquired traffic studies and projected vehicle counts to help determine the Town's needs for improvement. He added that staff hired a consultant who also performed survey work and prepared a beginning base map. Mr. Harrel stated he believed "Phase I" would be complete by 2010. VIPThe motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #7 — CONSIDERATION OF APPROVING A CONTRACT WITH KAYE CONTRACTING COMPANY IN THE AMOUNT OF $109,600 FOR THE ANNUAL CLEAN-UP OF WASHES TO IMPROVE FIRE AND DRAINAGE CONTROL. Public Works Director Tom Ward explained that the Town's "Wash Program" was started 11-years ago addressing the wash concerns that involved drainage and fire control. Mr. Ward added that by cutting assault cedars and desert broom plantings, in addition to other types of trees that supply dry foliage in our washes, the Town had reduced the potential for fires. Mr. Ward explained that along with the many washes cleaned up by the Town, contractor's services were also used to provide an annual maintenance of the Town's six jurisdictional dams. Mr. Ward also presented a detailed graph showing Council how the department was spending less, but doing more work than this time last year. He stressed that the Public Works Department also worked in accordance with the Fire Department to determine which washes needed the most immediate attention. Mr. Ward explained how the bidding process was initiated on this wash contract. He explained that advertisements were published in two periodicals for a two week period and that staff had also contacted seven local companies, by phone, to see if there were any interests in bidding. Mr. Ward stated that twelve contract bid packets were pick-up by responding companies. Mr. Ward stressed that four of those packets were given out to local companies. Mr. Ward pointed out that by the bid closing date of September 17, 2008; staff had received and opened a total of three bid packets. Mr. Ward announced that Kay Contracting Company of Phoenix was the lowest bidder at $109,600; second lowest bidder was for L126,080; third bidder submitted a cost of$172,000. Mr. Ward stated he reviewed each bid specs for details and costs by Noosing the Town's budget book breakdown. Mr. Ward mentioned that the Town Council had previously budgeted and approved in 2008-09, the bottom line amount of$98,400, for wash clean up and dam maintenance. Mr. Ward explained that he then contacted Kay Contracting Company and informed them that the budgeted amount approved by Town Council for this contract was limited to $98,400. Mr. Ward expressed his gratitude that Kay Contracting Company did agree to accept the contract for $98,400, if the same daily rate was left in place. Mr. Ward noted that legal counsel was then instructed to prepare the perimeters of the contract between the Town of Fountain Hills Public Works Department, and Kay Contracting Company in the amount of$98,400. Mayor Schlum requested a"Call to the Public". No one from the public had requested to speak. Mayor Schlum asked for a motion to approve the contract with Kaye Contracting Company in the amount of$98,400, for the annual clean-up of washes and dam maintenance. Councilmember Archambault MOVED to approve the motion and Councilmember Contino SECONDED the motion. Councilmember Contino questioned any future clean-up in the Morningside Wash located at Tioga Drive and Panorama Drive. Mr. Ward responded that the Morningside Wash belonged to the Morningside Homeowners' Association. Mr. Ward commented that the Town's Fire Department had contacted the Morningside Homeowners' Association regarding the trimming of trees in their wash. He also pointed out that Salt River Project also was requested by the Fire Department to contact the Morningside Homeowner's Association since their wash posed a fire hazard. Councilmember Contino wanted it on record that there was a deep concern the area was very heavily wooded and that it co-,'as a potential fire hazard for the Morningside area. Mayor Schlum expressed his appreciation to staff for their efforts in keeping cost down and their ability to maintain the continuance of a great program. Page 6 of 10 MM 10-01-08 TC(2) Vice Mayor Leger commented he appreciated Mr. Ward's efforts to work with the contractor to keep the cost down and coming within the budgeted amount. Councilmember Archambault pointed out that the Town's cleanup of the washes gave residents a peace of mind and was also aesthetically appealing. Lhe motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM # 8 — CONSIDERATION OF THE TOWN OF FOUNTAIN HILLS' 20-YEAR CAPITAL IMPROVEMENT/INFRASTRUCTURE IMPROVEMENT PLAN (CIP/HP) FOR THE PURPOSE OF REVIEWING THE TOWN'S DEVELOPMENT FEES. Finance Director Julie Ghetti explained our CIP/IIP plan and added why it was created and what details were included. Ms. Ghetti stressed that the CIP/IIP was a necessary requirement for the bi-annual review of the Town's development or impact fees. She explained that this report was not a budget or would give any approval to move forward with projects included in the plan. Ms. Ghetti added that the plan was nothing more than a look into the future at all projects and proposals that might be considered for the Town of Fountain Hills. She pointed out that some projects were a direct result of growth. Ms. Ghetti continued that other projects might just be on the Town's wish list. Ms. Ghetti commented that only those projects that were a direct result of growth would be included in our development fees. Ms. Ghetti stressed that the Council's approval of the CIP/IIP would be the next step in this process. Ms. Ghetti reiterated that the approval of the CIP/IIP would not be an approval to move forward with future projects. Mayor Schlum asked for a motion to approve the Town's 20-year CIP/IIP Plan as part of 2008 development fee review. Councilmember Archambault MOVED to approve the motion and Councilmember Dickey SECONDED the motion. Mayor Schlum requested a"Call to the Public". No one from the public had requested to speak. (iiiThe motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #9 — CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF REGARDING AMENDING THE COUNCIL RULES OF PROCEDURE REGARDING SECTION 4.2(B)(2), RELATING TO THE MANNER IN WHICH ITEMS ARE PLACED ON THE AGENDA FOR DISCUSSION. Councilmember McMahan explained that one of his campaign pledges was to address how items were placed on the Town Council agenda. He continued to say that our Town Code read that the Mayor and Town Manager individually could place an item on the agenda, but Councilmembers needed the approval of three other Councilmembers to accomplish their request. Mr.McMahan proposed a change to Section 4.2(B) of the "Council Rules of Procedure" empowering Councilmembers to be able to add agenda items without the need of three other Town Councilmember's approval. Councilmember McMahan suggested verbiage for the record that would read that item number 2 in the Town Code ended with the Town Manager placing an item on the agenda for action. He continued to say that the Councilmember could then request an item placed on an agenda with only a notification to the Mayor and Town Manager, with the provision that a period of at least two weeks elapsed before actual placement of the item on the agenda, except in a situation considered an emergency. Mayor Schlum stated that Councilmember McMahan's recent request and other items that have been suggested, to his knowledge, were placed on an agenda. Mayor Schlum suggested that the current procedure (Section 4.2(B) was created so that more than one Councilmember showed some interested in an item prior to asking staff to spend hours on research, discovery, and pros and cons of an issue. Mayor Schlum added that the current policy "Agenda Item#10" listed on the current agenda gave Councilmembers a chance to have a discussion and then if decided by the members give direction to the Town Manager for the item to be added to the next agenda. cien response to Councilmember McMahan, Councilmember Archambault gave some pass history and reasoning for the decision to add the current agenda item #10. Councilmember Archambault explained that items had previously been added to the agenda by Councilmembers and did not give staff a sufficient amount of time to gather the proper Page 7 of 10 MM 10-01-08 TC(2) information or research needed to present the agenda item to the Council. Councilmember Archambault added that the Council decided they did not want to waste staff's time with one Councilmember adding something on an agenda that would not be supported by others on the Council. He noted that the Town Manager or the Mayor may also be asked by Councilmembers to add items to the agenda, at any time. ouncilmember McMahan stated he felt his responsibility was diluted and that he should be given the same privileges as e Town Manager and Mayor when adding agenda items. In response to Councilmember McMahan, Mr. Davis stated that Councilmembers' duties were unique and that Councilmembers were required to work as a body, whereas, every other person employed by the Town acted unilaterally. Mr. Davis continued to explain that the Town's form of government empowered the Town Manager and Mayor in certain circumstances to unilaterally act, as Councilmembers' shoelaces that were tied together and required members to move together. He added that although it was not intended in this part of the Code, it emphasized the relationship needed among Councilmembers in order to move an item forward. Councilmember Hansen described a scenario where an attempt to gain the support of two other Councilmembers to place an item on the agenda could end up including four or more Councilmembers discussing an issue outside of a public meeting, thereby increasing the discomfort level regarding possible violations of the open meeting law, including the perception of lobbying. Councilmember Archambault remarked that this "discussion" issue had previously been questioned and was found to be all right for Councilmembers to share ideas as long as no votes were lobbied. He referenced the former Town Manager and current Town Attorney who also encouraged the creation of Agenda Item#10, so one Councilmember could be heard, if desired. He explained how he had used this method to bring forward an idea,although he acknowledged that he had not received Council support to move forward; however, this method had allowed him the opportunity to bring his idea forward and present it to the Council, which was the purpose of this agenda item. Councilmember Dickey agreed with Councilmember Archambault regarding the purpose of Agenda Item# 10 and referenced the time when she had asked for the parking issue to be placed on an agenda pointing out that just because there was support to place the item on the agenda for discussion did not mean that the Councilmembers agreed with her opinion. She indicated that she was comfortable with the role of approving other Councilmember's items for placement L,n an agenda. Councilmember McMahan stated he certainly did not want to place an undue burden on Town Staff and pointed out that was why a two week time frame had been suggested in the new language. He suggested that if the Town Council did not want to hear a suggestion, or want to consider an issue, they did not have to second the motion for the agenda item approval. Mayor Schlum stated he appreciated Councilmember McMahan bringing this issue forward. Mayor Schlum also reiterated that any Councilmember could bring an item up under Agenda Item#10. Mayor Schlum added that any items suggested under Item#10, could then foster dialogue among Councilmembers and then together decide to place the item on the next agenda. Mayor Schlum stressed that using Agenda item#10, protected and saved staffs time. Mr. McGuire commented that items were intended to be properly agenized to allow for public notice requirements and to also provide significant time for staff preparation. He added that this procedure removed any uncomfortable situations of one Councilmember requesting an item added to an agenda and other Councilmembers not interested in addressing the issue. Mr. McGuire explained that this also gave staff an indication as to Town Council's support on the suggested agenda item. He added that staff would then know if any preparation and research was needed. Councilmember Contino commented he agreed to disagree with this process and stated that in his opinion it took away his first amendment rights, freedom of speech, and was degrading to the Town that our Councilmembers had to go through this step. Councilmember Hansen stated that some members of the public had expressed their desire to change the policy back to where one Councilmember could put an item on an agenda. She expressed curiosity as to what the public's perception night be to have that opinion. Councilmember Hansen commented that while the Council could talk amongst themselves Nimovithout coming to any decisions that perhaps it was just the public's perception that more communication was going on than really did. Page 8 of 10 MM 10-01-08 TC(2) Mayor Schlum commented that he had also heard from the public that it was said each individual Councilmember could not put items on an agenda, and that in reality, Councilmembers could at anytime. Councilmember Archambault concurred with Mayor Schlum. Councilmember McMahan asked why other cities did not pursue this type of arrangement sighting the City of Scottsdale's Louncilmember Jim Lane and the fact he could put anything on their agenda at his request. Mr. Mahan expressed that if he Council agreed to the current process,he would then have no objection. Mr. McGuire stated that similar to our Town's rules at least four other cities had adopted this form of agenda, such as the City of Goodyear. No further action was taken. 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 REPORTS ON RECENT ACTIVITIES BY THE TOWN MANAGER Mr. Davis wanted to recognize and express his appreciation for staffs expertise and pointed out that Kate, Julie, Randy, and Mary had done an excellent job presenting and putting their information together. Mr. Davis added that at the last meeting a citizen had expressed concern with the safety of the playground equipment at Golden Eagle Park. Mr. Davis explained that Parks Supervisor Don Clark and a current certified NPIS Playground Safety nspector had closely inspected the playground equipment after the citizen's concern was noted. He stressed that the result INP6f the playground equipment report was that the areas of concern were checked and in compliance with NPSI standards. Mr. Davis continued to state that the equipment was checked for any loose or sharp edges; all hardware was checked; it was verified that all equipment was a minimum of six feet separated from other structures; sand base existed under the equipment; poured and placed rubber surfacing materials were approved and any tripping hazards were also checked. Mr. Davis added that other areas that were addressed included the padding of posts. He commented that the seahorse piece was found to be in good condition and the boulders were also cemented into place on the boundary wall and were outside of the designated safety zones. Mr. Davis mentioned that planters closest to the pre-school equipment were found not to contain any cactus plantings and the planter near the older children's equipment contained desert broom and was also separated by an open area. Vice Mayor Leger thanked Mr. Davis for the follow-up information and requested that staff follow-up with the citizen who brought these concerns before the Council. Mr.Davis acknowledged that the citizen would be contacted. Councilmember Contino expressed his concern for the safety zone and hazards around the park. Mr. Davis responded that staff performed visual and weekly written inspections and always adhered to the NPSI standards and their recommendations. Councilmember Dickey then gave an update from the League of Cities and Towns Meeting and included the distribution of a handout from the League meeting showing all the new state laws that went into effect a few days ago. AGENDA ITEM# 12 -ADJOURNMENT Page 9 of 10 MM 10-01-08 TC(2) Councilmember Contino MOVED to adjourn. Councilmember McMahan SECONDED the motion which CARRIED UNANIMOUSLY (7-0). The regular session adjourned at 8:37 p.m. TOWN OF F TAIN HILLS B ay T. Schlum, Mayor ATTEST AND PREPARED BY: A/A nice Baxter,Acting Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Fountain Hills Town Council Strategic Planning Session held by the Town Council of Fountain Hills in the Council Chambers on the 1s`day of October, 2008. I further certify that the meeting was duly called and that a quorum was present. DATED this 16th day of October 2008. (1c14...c4:12.„ 604t4.4. ice Baxter, Acting Town Clerk L L Page 10 of 10 MM 10-01-08 TC(2)