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HomeMy WebLinkAbout2008.1016.TCREAM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF EXECUTIVE,ADMINISTRATIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 16,2008 • CALL TO ORDER—Mayor Schlum called the meeting to order at 5:01 p.m. ITEM #1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO §38- 431.03(A) (4), FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION (SPECIFICALLY, THE GOLF RESORT LITIGATION) ROLL CALL: Present for 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. Town Manager Rick Davis, Town Attorney Andrew McGuire, Town Clerk Bev Bender, Assistant to the Town Manager Kate Zanon, Outside Counsel Jeff Murray, and Southwest Risk Management Representative Tom McMahan were also present. Councilmember McMahan MOVED to convene the Executive Session and Councilmember Dickey SECONDED the motion, which CARRIED unanimously. (7-0) Mayor Schlum adjourned the Executive Session at 5:40 p.m. ITEM#2- RETURN TO ADMINISTRATIVE SESSION • CALL TO ORDER Mayor Schlum called the meeting to order at 5:47 p.m. • ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Vice Mayor Henry Leger, Mayor Jay Schlum, Councilmember Dennis Contino, Councilmember Ginny Dickey, Councilmember Mike Archambault, Councilmember Cassie Hansen, and Councilmember Keith McMahan. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. AGENDA ITEM# 1 - DISCUSSION AND STATUS OF THE GENERAL PLAN UPDATE Town Manager Rick Davis addressed the Council stating the intent was to continue with this format unless the Council decided to end this process. He explained this was an opportunity to gather background and information for future Council Meetings and to allow for a frame of reference in addressing critical issues that would come before the Council. Planning and Zoning Director Richard Turner provided the Council with the status of the General Plan update project. He spoke to the reason for the update stating the various changes that had occurred since the last plan was adopted in 2002; the purchase of the State Trust Land, the population increase, the adoptions of the Strategic Plan and Environmental Policies, along with continued emphasis on Economic Development. L., Mr. Turner reported the Town had contracted with LVA Urban Design Studio to help staff prepare the update and consequently they had revised sections dealing with existing conditions, goals, & objectives. They also prepared revised maps and exhibits. Mr. Turner also mentioned that challenges related to the Ellman approval z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 1 of 16 had delayed the process. He believed the final draft should include the Ellman property since it represented 11% of the Town's total land area. Mr. Turner stated it would be beneficial to have that approved land use in place so the new General Plan could reflect that. Mr. Turner further stated they could, however, make progress without the Ellman property decision. Staff had been reviewing drafts of updated sections and a Planning and Zoning subcommittee had been appointed and were involved in the review process. When the Ellman issue was resolved, that would be incorporated into the plan and the revisions would then go public before going to the Planning Commission and the Council. Councilmember Hansen asked Mr. Turner if the five-member subcommittee presented any issues as far as a quorum. Mr. Turner responded that Town Attorney Andrew McGuire had advised that as long as agendas were prepared and posted 24 hours in advance and minutes were taken from the meetings,there were no concerns. AGENDA ITEM#2- REVIEW AND STATUS OF POSSIBLE ART DONATIONS Parks and Recreation Director Mark Mayer addressed the Council and reminded them of a discussion that had taken place the past Tuesday evening regarding public art. One of the recommendations from that discussion was to change the approval to a two-step process rather than a one-step process. This administrative session would provide an opportunity to bring items forward to introduce particular art pieces and then at a later date bring them back to the Council for approval. Mr. Mayer presented four pieces for consideration: "Freedom", "Lovers", "Joy" and "An All Day Job" to be placed in various locations at Fountain Park as depicted on the map provided. Mr. Mayer explained he would provide more detailed information on the pieces when they were brought before the Council on November 20. In responding to Mayor Schlum's request to explain the process leading up to where they were, Mr. Mayer explained that the three African pieces had been in the works for a number of months and were available through a local gallery. The Public Art Committee visited the gallery, brought the pieces forward for the full group to consider, and then voted on the potential acceptance of the art pieces that they would consider in the future. These three pieces came forward based on the offerings of Zuva Gallery to donate one piece and then potentially hold a fund raiser while the other two pieces were placed on public display. In response to a question from Mayor Schlum as to whether these pieces had been presented to the Parks and Recreation Commission, Mr. Mayer replied the information was scheduled to go to them at their next meeting, which was a joint meeting with the Council. The information would be sent prior to the meeting asking for feedback and those comments would be included in staff comments when he came back to the Council. Mayor Schlum also asked that based on placement of the pieces in the park which were in the more active areas, would the Commission or staff be involved with looking into safety issues. Mr. Mayer replied that would be the role of the Parks and Recreation staff after reviewing placement of the pieces. Vice Mayor Leger asked Mr. Mayer that when the art pieces were brought forward to the Council in November would it be for consideration or approval. Mr. Mayer responded that it would be consideration for approval. It was the intent that earlier in that meeting they would bring back the public art document with the changes that had been incorporated into it. That would give the Council the opportunity to approve that prior to approving the art pieces. Vice Mayor Leger said his understanding was that the eagle would be purchased from the public arts funds as would the installation. Mr. Mayer confirmed that information. Vice Mayor Leger also asked if the two remaining pieces that were not being donated, would they be purchased through the fund or were they looking for donations from the community. Mr. Mayer responded they would be seeking donations from the community. z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_nunutes.doc Page 2 of 16 In response to Vice Mayor Leger's inquiry as to what the installation costs of the pieces would be, Mr. Mayer replied the installation of the Eagle would be $5,400 since the base must be constructed by hand. The other pieces would be anticipated to be less than $1,000 each. The cost from the Public Arts fund for the Eagle would be$19,600 although it was valued at$29,000. Vice Mayor Leger estimated the total cost of purchase and installation of the Eagle to be $25,000 or $26,000 with only $31,000 currently in the fund. He noted that taking into consideration the costs of the other pieces; they were close to spending the $31,000. Mr. Mayer stated that additional anticipated revenues, based on projects the planning department had seen coming up, would provide an additional $10,000. Vice Mayor Leger asked if the Parks and Recreation Commission had any concerns with the placement of the eagles on the island. Mr. Mayer replied that the site had been shared previously with the Commission and there were no concerns. Vice Mayor Leger questioned if the visual distance was ADA compliant, Mr. Mayer stated that if access was provided to the art piece, they would have to be ADA compliant. The plan was to install an identification plaque next to the walkway to discourage anyone from going onto the island. Mr. Mayer further stated the size of the eagles was large enough to be seen from a distance. Councilmember Dickey stated that on the list of check-offs to select art, the art must be accessible eight hours a day and visible forty hours a week. She suggested it might be necessary to define accessibility. Mr. Mayer responded he believed the intent of the criteria was they did not want to put anything in a venue that did not allow public access. cy, AGENDA ITEM#3 -DISCUSSION RELATING TO A FARMER'S MARKET Assistant to the Town Manager Kate Zanon provided a history of previous markets and the obstacles faced with providing and planning a market. She also provided some potential market site criteria discussing the obstacles and challenges of each site. Ms. Zanon asked the Council for feedback on the market criteria and potential locations along with direction on what role the Town would play in the market. She stated the intent was to share the information with the applicant. In response to Councilmember McMahan inquiry as to the frequency of past markets, Ms. Zanon replied it was held weekly on Thursdays. She further stated that in discussions with Ms. Lightener their group had suggested Saturdays as the preferred day. Ms. Lightener had explained that many vendors were already committed to other venues on that day of the week. In order to grow the event and attract more vendors it was her belief that scheduling the event on Thursdays and only once a month would be beneficial. Discussion ensued relative to the ideal location with concerns raised by Vice Mayor Leger about construction on Verde River Drive if Mr. Kasnoff's project was successful. Ms. Zanon said she had contacted George Kasnoff and he did not have any concerns, stating there would be a construction fence with the construction contained to the area behind it. There was further discussion on which locations would be most beneficial to downtown businesses and if businesses on the Avenue of the Fountains would be open to allowing part of the Avenue of the Fountains to be closed for the event. A suggestion was made by Councilmember Hansen that would allow for switching the side of the street that would be closed on an every other month basis as this would provide synergy to the downtown area and benefit all businesses if all the businesses were to agree. z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 3 of 16 Vice Mayor Leger inquired as to a potential location on the circle at the library, noting concerns with ADA compliance if a hard surface was not created. Ms. Zanon confirmed that location had been discussed but the fact (itior that it was further away from the businesses made it less desirable. Mayor Schlum asked if the organizer would be deterred from going forward if some items were not addressed. Ms. Zanon indicated Ms. Lightener wanted to bring a market to Fountain Hills but she would be looking for assistance with location and help in making it a community event. Mayor Schlum agreed he would like the event tied in with the downtown group, tapping into their synergy. He stated the opinion that this was not a Town function. He stated that he would also like to make it easier for the vendors to operate in the Town and suggested that the process be made simpler and that the fee structure should be addressed. AGENDA ITEM#4-ADJOURNMENT Councilmember McMahan MOVED to adjourn the Administrative Session and Councilmember Archambault SECONDED the motion which carried UNANIMOUSLY(7-0) Mayor Schlum called for a ten minute break. ITEM#3-RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Mayor Jay Schlum Mayor Schlum called the meeting to order at 6:41 P.M. • INVOCATION—Mr.Mathew Eppley, Shepherd of the Hills, Lutheran Church • ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Vice Mayor Leger, Councilmember Contino, Councilmember Dickey, Councilmember Archambault, Councilmember Hansen and Councilmember McMahan. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. • MAYOR'S REPORT (i) The Mayor read a proclamation declaring October 12, 2008, through October 18, 2008, "Arizona Cities and Towns Week: SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Presentation by Lori Singleton, SRP Sustainability Initiatives and Technologies Manager, relating to renewable energy options for the Town, businesses, and residents. Lori Singleton informed the Council of various programs the Town and or its residents and business could participate in as it related to renewable energy. She presented the Council with information on solar energy and how that had been used in other municipalities. SRP had an incentive program available called EarthWise for customers to help them install solar. Ms. Singleton shared the costs associated with solar systems, the credits available, and how public interest was growing. Another program promoted by SRP program allowed customers to participate in renewable energy by paying an additional premium on top of Law their regular monthly bill to fund building solar in the community. An additional program titled "Trees for Change"helped fund the reforesting of trees destroyed by fire. z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 4 of 16 Councilmember Archambault asked Ms. Singleton if installers needed to go through a certification program before SRP would participate in the rebate program. Ms. Singleton responded that, although they did not throv certify installers, they maintained a list of installers who belonged to the Solar Energy Association and they must be a member of that association before SRP recommended them to customers. They must also be a licensed electrical contractor in order to be eligible for the rebate. Councilmember Dickey advised the Council that Ms. Singleton had met with former Mayor Nichols and others involved with solar and commended Lori for being involved in keeping these issues in front of the public CALL TO THE PUBLIC Mr.Jeff Cohen addressed the Council regarding the shooting incident on Westby Drive. Mr. Cohen clarified the details of the story that had appeared in the paper stating that due to the lateness of the report some information had been inaccurate. He acknowledged that the Sheriff's department had provided two manned vehicles outside his home. He publicly apologized to the Sheriff's office stating that he truly regretted his statements to the paper. He commended the Sheriff's office for their diligence in handling the situation and their perseverance in closing down a drug house. Mr. Cohen urged the Council to take up the cause to reduce drug traffic in Fountain Hills with the cooperation of the Sheriff's department and the citizens of the Town. Mayor Schlum told Mr. Cohen he appreciated his efforts in coming forward and sharing his story. Mayor Schlum also encouraged residents to participate in the Block Watch Program. CONSENT AGENDA AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING 4160, MINUTES FROM OCOTBER 1,2008 AGENDA ITEM #2 — CONSIDERATION OF APPROVING RESOLUTION 2008-40, ACCEPTING A TRAFFIC SIGNAL EASEMENT FROM GUENTHER E AND MONICA HERPFER. Councilmember McMahan MOVED to approve the consent agenda and Councilmember Archambault SECONDED the motion. A roll call 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) Mayor Schlum acknowledged Captain Kleinheinz, thanked him for attending the meeting, and asked him if he had any comments. Captain Kleinheinz did not have any comments. REGULAR AGENDA AGENDA ITEM #3 - UPDATE TO THE TOWN COUNCIL REGARDING CONCERNS FROM DOG PARK USERS. z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 5 of 16 Parks and Recreation Director Mark Mayer reminded the Council of the past public meeting that was held to receive public input on their concerns with the dog park at Desert Vista. Based on the information from that (tio meeting, a letter was sent to participants including concerns that had been presented and asked them to review the list. They were also asked to include any additional items that had not been addressed. Two main issues presented from the meeting were a drainage concern and an issue regarding handicap parking. Mr. Mayer reported the drainage problem solutions had been implemented and the area had dried out. Additionally parking had been redesigned to add two additional handicap parking spaces bringing the total number to eight. Mr. Mayer discussed several other issues and provided the Council with the solutions to resolve those concerns. Those that were budgetary in nature would be looked at for next year's budget. He also reported that in January 2009 a Park staff member would be assigned to Desert Vista Park, which would help with any ongoing issues. On further progress, Mr. Mayer announced that ramadas had been delivered and were ready to be installed, the concession stand and restrooms were approved, the lights had been monitored, and the fields had been prepped for a game this weekend. In response to an inquiry from Councilmember McMahan as to whether the handicap parking had been moved, Mr.Mayer responded it had not been moved; two stalls had been added to the area. Mr. Mayer reported ADOG had stepped forward with a commitment of another$3,000 to plant additional larger trees in the large dog area. Councilmember Hansen commended Mr. Mayer and his staff for their timely responsiveness to the two major problems. LMayor Schlum asked if there were any citizens present who wished to speak and Ms. Bender responded there was one speaker. Mr. David Elson addressed the Council relative to the architectural rendering plans indicating there appeared to b a large number of trees in the master plan. This would indicate a lot of shade at the park but that was not the case and he expressed his disappointment. He indicated that according to Mr. Mayer original shade canopies were going to be removed and replaced with permanent shade structures. However, ADOG had asked for those structures to remain and offered to pay the $6,000 to have the fabric replaced on the tops and relocated. Subsequently, an e-mail was received from Mr. Mayer that indicated the price had increased to $8,300, which ADOG would split with the Town. Mr. Elson asked for an explanation for the increase. He further asked how the Town could allow the destruction of a staircase, if it had been installed and inspected by the Town, and who would pay for those costs. Mr. Mayer commented on the fact that the trees shown on the plans were of a finished product. He responded that the cost of the shade structure included the price of the fabric and the relocation and the painting of the structure. Mr. Mayer stated that in regard to the sidewalk issue, it was inspected and found to be out of compliance. The contractor had been told to remove and replace it at their expense. AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2008-36, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE SOUTHERLY AND EASTERLY PROPERTY LINE OF PLAT 604D, BLOCK 6, LOT 6 (15835 E OCOTILLO DRIVE) AS RECORDED IN BOOK 277, PAGE 46, RECORDS OF MARICOPA COUNTY,ARIZONA.EA08-10(DOUBLEDAY). Town Engineer Randy Harrel stated that this item was placed on the regular agenda due to two letters that had been received objecting to this abandonment. Mr. Harrel stated that he had subsequently responded to the z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 6 of 16 letters. In contacting the public utilities they had indicated they had signed off but requested a minor area be kept. Staff reviewed the area and determined the ridgeline ran close to the back, which resulted in very minor drainage that would be handled by swales around the lot. The Mayor asked if there were speaker cards submitted on this item. Ms. Bender stated that no one from the public wished to speak. Councilmember Archambault MOVED to approve the resolution and Councilmember McMahan SECONDED the motion. Councilmember Archambault asked for clarification as to what direction the lot drained and confirmed with Mr. Harrel that residents were not allowed to drain into another resident's property unless there was a natural swale that cut across properties. Mr. Harrel also confirmed for Councilmember Archambault that no public utilities were running across the back of the properties under consideration. Councilmember Hansen asked Mr. Harrel if any staff had done a site visit and Mr. Harrel confirmed that was the case. Vice Mayor Leger thanked Mr. Harrel for his attention to the matter and his response to the concerns of the citizens. The motion carried UNANIMOUSLY(7-0) AGENDA ITEM #5 - CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR THE THANKSGIVING DAY PARADE SPONSORED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE TO BE HELD NOVEMBER 27,2008, AND WILL REQUIRE CLOSURE OF PARTS OF SAGUARO BOULEVARD, LA MONTANA DRIVE, EL LAGO BOULEVARD AND PALISADES Le BOULEVARD. Finance Director Julie Ghetti gave a history of this event and reviewed the current application noting how it fulfilled the Strategic Plan's priorities of strengthening our small town identity. The Special Event Committee recommended approving this application. Councilmember McMahan MOVED to approve the application as presented and Councilmember Dickey SECONDED the motion. The Mayor asked if there were speaker cards submitted on this item. Ms. Bender responded that no one from the public wished to speak. Councilmember Dickey stated she had received an e-mail from a resident concerned with the application process. Finance Director Julie Ghetti responded that as the application process went forward, the committee would bring the application forward and at that time there could still be some information missing from the application that must be provided before the event. Due to time constraints the application was presented to the Council for approval and then they would go back to the applicant for the missing information. Mayor Schlum noted that this agenda item was for conditional approval. The motion CARRIED UNANIMOUSLY(7-0) cow Mayor Schlum indicated there was one report for the next three agenda items. z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 7 of 16 AGENDA ITEM #6 - CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR FOUNTAIN FESTIVAL OF ARTS & CRAFTS SPONSORED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE TO BE HELD NOVEMBER 14 THROUGH NOVEMBER 16, 2008, AND WILL lir REQUIRE CLOSURE OF PARTS OF AVENUE OF THE FOUNTAINS, PARKVIEW AVENUE, VERDE RIVER DRIVE AND SAGUARO BOULEVARD. Finance Director Julie Ghetti reviewed the application regarding Arts and Crafts event sponsored by the Chamber of Commerce. She stated that the Special Events Committee had met to review the application and recommended approval of the Chamber request with stipulations as noted in a letter to the Chamber. Ms. Ghetti stated that local businesses would be allowed to hold sidewalk sales in conjunction with the event. Councilmember Archambault MOVED to accept the application as stipulated by staff and Councilmember McMahan SECONDED the motion. The Mayor asked if there were speaker cards submitted on this item. Ms. Bender responded that no one from the public wished to speak. Councilmember Dickey spoke to one of the stipulations on the application as it referred to recycling for the event and suggested Tempe and Carefree would be a resource for more information on how to implement this process. Councilmember Hansen asked for clarification the motion included the stipulations, which was confirmed by Mayor Schlum. The motion carried UNANIMOUSLY(7-0) AGENDA ITEM#7 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY ESTHER BEAUCHAMP (AMERICAN LEGION AUXILIARY, UNIT 58) FOR THE PURPOSE OF A FUNDRAISER THAT IS SCHEDULED TO BE HELD NOVEMBER 14 AND 15,2008, ‘610, FROM 9:00 A.M. — 10:00 P.M., AND NOVEMBER 16, 2008, FROM 10:00 A.M. — 10:00 P.M., FOR A BEER GARDEN TO BE LOCATED IN THE MEDIAN AT AVENUE OF THE FOUNTAINS AND LA MONTANA DRIVE, WHICH IS A COMPONENT OF THE FOUNTAIN FESTIVAL OF ARTS AND CRAFTS SPECIAL EVENT APPLICATION. Councilmember Archambault MOVED to approve the application and Councilmember Dickey SECONDED the motion. The motion carried UNANIMOUSLY(7-0) AGENDA ITEM#8- CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY BRUCE THULIEN (VETERAN OF FOREIGN WARS, POST 7507) FOR THE PURPOSE OF A FUNDRAISER THAT IS SCHEDULED TO BE HELD NOVEMBER 14 AND 15,2008, FROM 9:00 A.M. — 10:00 P.M., AND NOVEMBER 16, 2008, FROM 10:00 A.M. — 10:00 P.M., FOR A BEER GARDEN TO BE LOCATED ON SAGUARO BOULEVARD WEST OF FOUNTAIN PARK, WHICH IS A COMPONENT OF THE FOUNTAIN FESTIVAL OF ARTS AND CRAFTS SPECIAL EVENT APPLICATION. Councilmember McMahan MOVED to approve the application and Councilmember Hansen SECONDED the motion. No one from the public wished to speak. The motion carried UNANIMOUSLY(7-0) AGENDA ITEM #9 - CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR THE TURKEY TROT 5K RUN AND FITNESS WALK SPONSORED BY THE TOWN OF FOUNTAIN HILLS TO BE HELD IN FOUNTAIN HILLS TOWN CENTER, WHICH IS SCHEDULED FOR NOVEMBER 27,2008,BEGINNING AT 7:30 A.M. z:\council packets\2008\r1 1-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 8 of 16 Parks and Recreation Coordinator Anjelica Giardino presented a PowerPoint slideshow to the Council highlighting the history and details of the annual Turkey Trot. Councilmember Dickey MOVED to approve the Turkey Trot application and Councilmember McMahan SECONDED the motion. The motion carried UNANIMOUSLY(7-0) Ms. Giardino made a request of Mayor Schlum to kick-off the start of the race. AGENDA ITEM #10 - CONSIDERATION OF PERMITTING PARI-MUTUEL WAGERING ON TELECAST RACING EVENTS (TELETRACKING) WITHIN FOUNTAIN HILLS. Mayor Schlum announced agenda items#10, #11, and#12 would be presented in one report. Finance Director Julie Ghetti reported that before an application could be approved to allow for off-track or pari-mutuel betting, provisions had to be made in the Town Code. She reviewed the drafted ordinance and resolution, which stated the application process and outlined the proposed fees for both operators and the establishment and that required a public approval process. Ms. Ghetti presented the proposed public process and fees. She highlighted the economic impact to the Town, public safety issues, and some of the proposed regulations. Mr. Dave Johnson, Vice President of Turf Paradise confirmed that the proposed ordinance was similar to those enacted in other towns and cities. Mr. Johnson commented that the $1,200 per window fee was much higher than those adopted by other cities in the Valley, whose fees were$1,200 per three windows with any additional windows at$400 per window. Mr. Johnson reminded the Council that they had full control and the authority to close them down. LMs. Ghetti clarified that Mr. Johnson was correct and the fee would be$1,200 for the first three windows. Mayor Schlum stated that although the agenda items #10, #11, and #12 were presented in one report, the Council would be taking individual motions on each agenda item. Mayor Schlum asked if there was anyone who wished to speak to this item and Ms. Bender responded that one speaker card had been submitted. Jerry Miles stated that 12 years ago when he had served on the Council as Mayor, the Council had been approached to approve off-track betting but they did not want to jeopardize the Town's standing as one of the ten best places to raise a family. He stated this activity was not school or residential friendly, would not bring in any significant amount of money, and he requested that the Council deny the request. Councilmember McMahan MOVED to approve consideration of permitting pari-mutuel wagering on Telecast Racing Events within Fountain Hills. Councilmember Contino SECONDED the motion. Vice Mayor Leger asked Ms. Ghetti that if the draft ordinance to allow off-track betting was approved would it allow multiple establishments to operate in Fountain Hills. Ms. Ghetti responded that it would allow others to apply. Vice Mayor Leger stated that this would allow different establishments to engage in this activity as long as they were 1000 feet from each other and Ms. Ghetti stated that was correct. Ms. Ghetti explained that the proposed ordinance amended the Town Code to provide a provision that would allow off-track betting. Vice Mayor Leger then asked if there were limits in this ordinance and Ms. Ghetti responded the only limits would be what the Council approved. Town Attorney Andrew McGuire said the two limitations would be the zoning categories and the separation requirements. Vice Mayor Leger asked for clarification on the number of operators allowed in one location and Ms. Ghetti replied there could only be one vendor in one location. z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 9 of 16 Mr.Johnson spoke to this issue and stated there would never be more than one operator at one time. If any other vendor wanted to operate within the 1000 feet, they would have to have approval from the Town before they (ter, could go to the State Racing Department. He commented that Yavapai Downs might approach the Town to operate during Turf Paradise's absence, which would be May — September as they did not race during that period. Councilmember McMahan noted that this was initiated by a local businessman who wanted to establish this operation in the Town. It had been successful in other towns and would be a source of extra income into the Town. Ms. Ghetti confirmed for Councilmember McMahan that if this was approved, the applicant would still have to go through the application process. Councilmember Dickey questioned what discretion the Council had with regard to "any reason deemed appropriate" and could that provision provide that the renewal not be automatic, that the license only issued for a year, and provide the latitude to take into account such subtleties if the community or our neighbors did not appreciate this. If that was something she could rely on, then that would provide her with some level of comfort. Mr. McGuire responded that he would not want to state on the dais what a definition of"appropriate" would be because that could be the benchmark under which someone could shoot. The language was general, which allowed for the broadest interpretation. However, once a license was granted, it was considered a privilege that was difficult to revoke. In response to Councilmember Dickey's comments on revoking vs. not renewing a license and inquiring what this change in the Town Code was tying the Council too, Mr. McGuire stated this was not a pilot program; this was making a change to the Town Code that could possibly be court challenged. Councilmember Archambault read from section 8-6-1 of the Statement of Policy staff had prepared; "The Council for the Town of Fountain Hills believes that gambling activities generally will not enhance the quality of life of its citizens or comport with its vision for the future of the town". He said that in his review of that statement he was concerned this would strain relationships with Ft. McDowell. He stated that he had previously asked Ms. Ghetti to provide information on grants the Town had received from Ft. McDowell, which totaled $537,229 since 2003. This did not include grants currently being requested. He also reminded the Council that the Yavapai Nation had been instrumental in the building of the Veteran's Memorial. Consequently, he questioned if the Town should provide a service that would put the Town in direct competition with them. He further stated he did not want to risk enhancements to our community by alienating them. Vice Mayor Leger said there were two fundamental questions; 1) would this activity contribute to the quality of life; and 2) would this strain relationships with our good neighbor, the tribe. In regard to the first question, he believed this would be business friendly but not community friendly. As to the second question,the conclusions he had come to, was this would strain relationships with the tribe. Councilmember Archambault referred to the October 3rd retreat where Councilmembers had been asked to rank important areas and item#3 had been tribal relationships. Councilmember Hansen referenced an article in the Phoenix Business Journal that had stated Turf Paradise periodically sought slots for their facilities. She believed this issue was out there and if it did happen, it would further add to competition with the Fort. Councilmember Dickey stated she had argued to bring this item forward for discussion and that she did not believe it was an unethical business venture. She concurred with the Vice Mayor that subjective arguments could be made, but enlight of things being stated about our neighbors (e.g. the competition factor and her uncertainties about the answers from the Town Attorney), she felt she was headed in that direction. However, z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 10 of 16 she did not think it would deteriorate the quality of life in Fountain Hills; it was not inherently a negative venture. (ilkr Councilmember McMahan said he did not want to jeopardize his relations with Fort McDowell but it had been his understanding that they were not interested in off-track betting. Councilmember Contino pointed out that gambling was already in Town through the lottery. He did not believe this venture would jeopardize relations with the tribe since there was not enough money in this and he was in favor of this. Mayor Schlum shared he did not believe this was within the character of the community, did not deliver enough benefit to the community, and he was not in favor of this. A roll call was taken with the following results: Councilmember Archambault Nay Councilmember Hansen Nay Councilmember Contino Aye Vice Mayor Leger Nay Councilmember McMahan Aye Councilmember Dickey Nay Mayor Schlum Nay The motion FAILED(5-2). AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 2008-41, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED THE "TOWN OF FOUNTAIN HILLS TELETRACKING REGULATIONS." No action taken. AGENDA ITEM # 12 - CONSIDERATION OF ORDINANCE 08-17, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 8, BUSINESS REGULATIONS; ADOPTING "TOWN OF FOUNTAIN HILLS TELETRACKING REGULATIONS" BY REFERENCE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS. No action taken. AGENDA ITEM #13 - PRESENTATION AND DISCUSSION OF A POSSIBLE CHANGE TO TOWN HALL BUSINESS HOURS ON A TRIAL BASIS, WHICH WOULD ENHANCE CUSTOMER SERVICE BY LENGTHENING THE HOURS OF DEPARTMENTAL OPERATION MONDAY THROUGH THURSDAY TO 7:00 A.M. - 6:00 P.M. THE TOWN HALL WOULD BE CLOSED ON FRIDAYS. Human Resource Administrator Joan McIntosh presented an overview of the benefits of the proposed change in Town Hall business hours, which included enhancements to customer service provided to the citizens, employee retention and recruitment,job satisfaction and the impact on the environment while outlining the challenges and proposed solutions. Public Information Officer Katie Decker explained the process that would be implemented to notify the public of the change and the associated costs. z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 11 of 16 Mayor Schlum asked if there was anyone who wished to speak to this item and Ms. Bender stated that one speaker card had been submitted. (i,e Robert Deppe shared his experiences with this process which he had experienced in the 1970's. He spoke against some of the benefits as presented and reported that GE had done a study regarding four day work week that showed salaried employees already worked ten hour days. A review of hourly employees' productivity indicated that it decreased after eight hours. He pointed out that employees would still drive their cars on Fridays. He proposed a flexible work schedule be considered with employees working 9 hour days with every other Friday off to allow citizen access to Town government through extended office hours. Councilmember Archambault asked why a color ad was being proposed. Ms. Decker responded that could be modified to meet the financial criteria if so directed by the Council. Councilmember Archambault indicated he had implemented a similar plan at his place of business with alternating days and it was working well for his employees as they were happier and providing better customer service. Councilmember Contino expressed concern with the costs associated with the change. He also asked if the Courts would be closed. Judge Ted Armbruster responded that the court would not encounter any legal stoppers in participating with this plan. He further stated he would be available when necessary. Councilmember Contino questioned how the public would access the Sheriff's office and Ms. McIntosh responded that the doors to the first floor would remain unlocked. Councilmember Contino stated he did not feel sorry for employees who lived outside of Fountain Hills since there were plenty of homes in Fountain Hills and he pointed out there were also qualified people who already lived in Fountain Hills who were not searched for. He commented that the business owned by his wife was a walk-in business to get business in and if they were to be closed on a Friday or Saturday, they would lose money and that was the money they paid, as taxpayers, to keep staff on the job. If Town hall hours were changed to four days a week, how did that make businesses feel when they have to work six or seven days a week. He expressed concern that this proposal had not been thoroughly thought through. He spoke in general about how this would affect the quality of life for business owners when the Council was considering this proposal as a quality of life issue for employees (4-10s). He suggested the Town look into automation as an alternative, to see how it could be done one department at a time so they did not have to worry about this. He acknowledged they were talking about the future and automation on the computer with everything on line. He expressed concern for what was being considered at this point in time. Mayor Schlum asked Councilmember Contino if he was concerned about customer service. Councilmember Contino said he believed everything should be done online. He referenced a city in Colorado who was already doing this. He stated the opinion that if the Town were pushing the envelope they should push it a little further and go this next step with the automation of the each department. In time, he felt the Town could be peopleless due to the automation. Ms. McIntosh responded that the capability already existed to use their debit cards to renew business or dog licenses online, register for programs online, and with the new e-government system that was to be implemented at the of this month, citizens would have the ability to have questions answered and be routed to the person responsible for that area. In response to a question from Councilmember Contino as to how verification for dog vaccinations were done if owners renewed online, Ms. McIntosh confirmed that at this time the information was faxed in. Councilmember Contino asked how this would assist the citizen who wanted to get their dog license right away who had faxed in their information in;how would they be responded to. Mayor Schlum indicated it would not be possible to totally automate everything as there would be times that cw. required a staff person to interact with a customer. That was where the e-government would be integral in the information process regarding any change implemented regarding the customer service work schedule. He z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 12 of 16 stated that it was all about customer service and expressed that he was not totally comfortable with this idea yet. He said he would do more homework with other towns to determine how it was working for them. He expressed he liked a lot of the ideas he was hearing and if the Town retained or attracted quality employees there was value and benefit to the Town, but it did come back to quality customer service being offered to the citizens in convenient hours with part of that service provided electronically through E-fountain, which needed to be made available prior to pulling the trigger on this type of a program even in a trial period. Councilmember Archambault agreed with Councilmember Contino that the Town needed to economize and automate as best as we could. He referred to when he took office in 2002 and the Town had between 113-115 employees and that number was reduced at one point to 87 employees. Councilmember Archambault stated it was at that time when automation had kicked in. He noted that the Council had recently approved the purchase and implementation of a new software system and this too was part of the process to automate and to become more efficient. However, he expressed it was necessary to have a staff available for interaction with citizens. He said the Town was moving in the right direction and that in his opinion the Town had been operating in a lean and efficient manner for the past six years. He stated that with the new computer system in place that he was encouraged that the Town could do more with either the same number of employees in place or with a little less. Ms. McIntosh confirmed that Town currently employed 102 and that included the number of part-time employees. Councilmember McMahan asked why this was on the agenda tonight in the first place since the Council had just learned about this last Friday and now the Council was being asked to make a decision. Mayor Schlum clarified that this item was on the agenda for presentation and discussion only. Councilmember McMahan stated that he had received some community feedback and at this time it was all negative. He suggested tabling this and let the citizens discuss it further rather than afterwards perhaps in a month or so. Mayor Schlum reiterated that the Council was not taking action on this proposal tonight. Councilmember Dickey concurred with the Mayor that this was on the agenda tonight for public input and the Council would not be voting on it. She offered her perspective as a commuter and acknowledged there were things that could be done over the computer but she believed there was a level of customer service that would benefit from the change. She said customers with blueprints required face-to-face contact with staff and many times the extended hours would be a benefit to many of them. Staff also performed research as requested by the Council and that required time which might better accomplished early or late in the day. She also pointed out that later this year municipalities would be looking at their scorecard coming from the State and the Town would need to prove how they were dealing with growth related issues, such as the environment, and green house gases. She said Avondale had met their required trip reduction program by making this same one day change. She commented on the reality that Fridays were typically a slower day in government and there could be potential savings to the Town. She asked the Council to consider implementing this for a trial period to see how it worked for the citizens and employees. She suggested using some of the potential savings from implementing this program, although nominal, towards the Council's retreat goals and the strategic plan goals in conjunction with volunteers' assistance as discussed in the environmental group meetings. She expressed she was in favor of implementing to see what happens. Councilmember Hansen asked Ms. McIntosh if staff had looked at the possibility of the schedule as discussed by Councilmember Archambault and Ms. McIntosh replied that due to the number of employees that was not the best option as one of the difficulties was that some jobs required full crews to be available such as in the Street Department; another difficulty was that one person departments would not be available for other staff members if it was their day off, which was more inconvenient. She reiterated that it had been discussed although it was felt not to be the best option. Ms. McIntosh stressed that this item was for discussion only at this time and the Council was not being asked to vote on this tonight. However, if the Council decided to move forward with this it would only be for a trial period and it could be discontinued any time the residents or staff were unhappy with it. Councilmember Hansen also asked what target date was being considered for possible implementation and Ms. McIntosh replied they would like to try for a four month starting January 1, 2009, as winter visitors would z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 13 of 16 be back to provide more feedback and it would provide a better evaluation period for any utility savings and would provide for a better test for our community. Cr' Town Manager Davis stated that staff took their responsibilities very seriously to bring initiatives to the Council that would align well with the Council's objectives, particularly initiatives that really push the innovation envelope. He expressed that he had been a previous skeptic of this plan but had since heard of many success stories indicating that there were many cities and whole states that were going to this schedule right now. He pointed out that when gas was a $1.50 a gallon he had not seen a need for it but now that it was $3.50 a gallon and the fact was that the world had turned a couple of times since he had first looked at this program. He said there were other reasons to now consider this program, such as those environmental and productivity reasons that had been documented to be beneficial. He encouraged the Council to give this idea very serious consideration. He stated the opinion that this idea was very innovative and very Fountain Hills to consider and he asked that they remember if they did not like it or the program did not work, staff would happily go back to their current work week schedule as staff's primary motivation was to serve the citizens. He reiterated that the primary reason was not to provide another day off to the employees and those other cities' who had implemented such a schedule found that their citizens were very happy with these hours. Councilmember Contino indicated he was not skeptical of this but was trying to analyze it. He indicated that he had received many calls about how the public hated going to this because the salaries were too high and that the public felt Town employees should work 40 hours a week and not 4-10s with Fridays off. He asked how holidays would impact the work schedule, salaries, and would overtime be paid. Ms. McIntosh replied that the Town would not pay overtime and would pay 40 hours a week. Mayor Schlum asked for clarification as to how holiday pay would be calculated. Ms. McIntosh acknowledged that a three day work week could result if a holiday fell on a Monday but she also pointed out there might be years where employees could lose a holiday if it were to fall on a Friday. Councilmember Contino pointed out that there were times when holidays would fall on Mondays where the Town could potentially pay out two hours of overtime. Ms. McIntosh stated that with the loss of holidays that fell on Fridays it should be a wash. Mayor Schlum pointed out that the same number of hours would be worked with the same amount of work being done; however his concern was if it would deliver the same level of service to the residents. He stated that if Councilmember Contino was questioning if the staff would not be working as much or following their responsibilities then that was another matter. Councilmember Contino referenced a statement made by the Strategic Planning Advisory Commission chair that the Town needed revenue within the next three years or the Town would need to lay people off so that was of concern to him too. Mayor Schlum stated that it was because the Town's quality staff was bringing this program forward he thought there might be something of value here and he was considering it. He stated the discussion should continue beyond this meeting with staff and others. Vice Mayor Leger stated that he had seen a difference in a product environment vs. a services environment when implementing such a program. He stated that although he was skeptical the proof was in the pudding and he felt they needed to go down the road and see how it worked. He suggested they move forward with a trial period with a pre and post measure so that they could see enhanced customer service. He stated that he had heard from the public both in favor and against and that had to do with their cultural experience. If they had been out the work force for 15 or 20 years, this was culture shock for them. If they were currently in the work force, this was not culture shock and then there are those in-between. He reiterated that if the Council went in this direction, it was critical that that the program ramp up very gradually so that people had a comfort level when it was implemented. He restated that for his benefit, he needed some pre and post testing in place to determine if it was enhancing customer service. This was about servicing customers and he wanted to be able to definitely say that at the end of three months, and not subjectively, that this thing had worked and the only way to know that was to come up with some way of measuring our success. Councilmember Dickey asked that staff contact Queen Creek, Avondale, and the other communities who had already come to the conclusion to make this program permanent as they must have come up with that. Ms. McIntosh indicated that if the Council decided to go there, she had already obtained the surveys from those municipalities. z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 14 of 16 Mayor Schlum stated that agenda items# 14 and#15 would be presented in one report. AGENDA ITEM #14 - CONSIDERATION OF ORDINANCE 08-14, AMENDING TOWN CODE Nilo CHAPTER 7 REMOVING INCONSISTENCIES AND REMOVING FEE SECTIONS: 7-1-2, 7-2, 7-7, AND 7-9. AGENDA ITEM #15 - CONSIDERATION OF RESOLUTION 2008-37, ADOPTING THE FEE SCHEDULE FOR BUILDING SAFETY,WHICH SIMPLIFIES HOW FEES ARE CALCULATED AND PUTS THE TOWN'S FEES IN LINE WITH OTHER MUNICIPALITIES IN MARICOPA COUNTY. Chief Building Official Peter Johnson explained the reasons for the proposed Code changes and the need for a simple fee structure. He stated that the major change was that the fee schedule had been revised to reflect the way staff had been computing the residential fees, so now residential and commercial were exactly the same with the increase almost negligible on the commercial side, depending upon which building was chosen as the model. He stated that the changes to the Code would remove inconsistencies that had been found between the codes. Mayor Schlum asked if there was anyone who wished to speak to this item and Town Clerk Bender stated that one speaker card had been submitted. Marc Williams, representing the Fountain Hills Licensed Contractors Association, expressed the organization's support for the proposed changes. He commended Mr. Johnson for keeping the members informed and he thanked him for being a great liaison between the Town and the builders. Mayor Schlum asked for a motion to approve Ordinance 08-14 and Resolution 2008-37, adopting the fee schedule. Councilmember McMahan MOVED to approve Agenda Items #14 and #15 and Councilmember (60 Hansen SECONDED the motion. The motion passed UNANIMOUSLY(7-0) AGENDA ITEM#16 - QUARTERLY UPDATE BY THE TOWN MANAGER ON THE PROGRESS OF IMPLEMENTING THE COUNCIL'S GOALS FOR FY 2008-09. Town Manager Rick Davis referenced the first quarter goal report that had been shared with the Council and reviewed those goals. Mr. Davis reported that with 25% of the fiscal year elapsed, 46% of the goals were realized and completed. Councilmember Dickey addressed goal #6, to implement the environmental plan to enhance stewardship of the environment, indicating there had been a meeting this week with Councilmember Bob Coady speaking to the group. She apologized to Heather Ware who had attended the meeting to discuss volunteer opportunities and they had not gotten to that item. Councilmember Dickey stated that recently there had been a lot of interest regarding recycling and she apologized for the delay, noting that the group had not been giving activity reports so the public did not know that the group was actually doing things. She acknowledged that the other Councilmembers had been getting a lot of input as well. Councilmember Dickey reported they were moving forward and having conversations with the school district and with Carefree in order to move in that direction. She stated that Carefree had a bulb crusher that took care of the CFLs and regular bulbs to remove the mercury. She commented that she had taken a green fire station tour this past week and hoped to put some of that into the Town's future plans. She thanked staff and community members who had assisted with this. She reported an action item that would be coming forward soon that Public Works Director Tom Ward and others had been working on, which was a recycling bin on Town property. It would be a bin that would take all recyclables materials in one place. She stated that the Town was moving forward but some things took a little more time (by and presented challenges for the Town. In order to do the thing right the Town had to do their due diligence but she expressed the Town would get there. Mayor Schlum acknowledged this topic was on the public's mind. z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 15 of 16 Mr. Ward reported they would have a small container on the south side for a 90 day trial period and if successful, a larger container would be provided. AGENDA ITEM #17 - 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. None. AGENDA ITEM #18 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER. Councilmember Contino inquired if the Town would receive any money for the recycling and Mr. Ward confirmed that the Town was working towards that program although this trial basis was not geared for that at this time. Councilmember Dickey expressed she was interested in getting feedback from Captain Kleinheinz with regard to the information mentioned earlier. Mayor Schlum confirmed that Councilmember Dickey was looking for information on community initiatives and the promotion of awareness. Mayor Schlum reminded everyone of the upcoming election on November 4, 2008. There was no early voting at Town Hall although there were early voting sites located in various parts of the County. He also reported that he had had lunch with Tribal Councilmember Paul Russell and School Superintendant Dr. Bill Myhr, which had included all the students in the cafeteria of Fountain Hills High School. This was a positive opportunity to promote relationships with Fort McDowell, the School District, and the Town youth. AGENDA ITEM#19 -ADJOURNMENT (kw Councilmember Contino MOVED to adjourn the meeting and Councilmember Hansen SECONDED the motion which passed UNANIMOUSLY (7-0). Mayor Schlum adjourned the meeting at 9:30 p.m. TOW OFF TAIN HILLS Jay T. Schlum, Mayor ATTEST AND PREPARED BY: Bevelyn J e er,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive, Administrative and Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 16th day of October, 2008. I further certify that the meeting was duly called and that a quorum was present. DATED this 6th day of November 2008. Loy Bevely . B nder,Town Clerk z:\council packets\2008\r11-6-08\approved minutes\10_16_08_meeting_minutes.doc Page 16 of 16