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HomeMy WebLinkAbout2008.1204.TCREAM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE ADMINISTRATIVE,REGULAR AND EXECUTIVE SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL December 4,2008 ADMINISTRATIVE SESSION * CALL TO ORDER Vice Mayor Leger called the Administrative Session to order at 5:30 p.m. * ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember Contino, Vice Mayor Leger, Councilmember McMahan, Councilmember Hansen, Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager Rick Davis,Assistant to the Town Manager Kate Zanon,Finance Director Julie Ghetti, Samantha Coffman and Town Clerk Bev Bender were also present. AGENDA ITEM #1 — PRESENTATION AND DISCUSSION REGARDING SPECIAL TRANSPORTATION SERVICES (STS) PROVIDED BY MARICOPA COUNTY INCLUDING PROPOSED OPTIONS FOR ENHANCING THE TRANSPORTATION NEEDS OF SENIOR CITIZENS. Town Manager Davis reviewed the current situation stating that vans had recently been purchased from Valley Metro in place of purchasing the proposed new van as a cost saving measure for the Town. He introduced the Samantha Coffman, Director of the Community Center and Senior Services and Kelley Fonville, Senior Services Supervisor, and Julie Ghetti, Director of Finance as those who would be providing information on the Special Transportation Services matter. Ms. Coffman reviewed that the Town had provided special transportation services to Fountain Hills residents since 2000 through a contract with Maricopa County for medical appointments, adult day care, rehabilitation, social and recreational activities, etc and because the Town was faced with increased costs relating to the per trip fee (from $16.26 to $38.25 as of July 1, 2008), staff was asked to look for cost saving measures. She discussed the three options that resulted from the analysis conducted, which were outlined in the memo provided. Mr. Davis noted that whatever change was made that sufficient notice would need to be given to those users and confirmed that this was an annual commitment. Discussion ensued with regard to there would probably not be any LTAF monies after this year; the opinion that trips to work were not the intended purpose of this program unless utilized by those with special needs; the comment was offered that there were few riders in the van at any one time; the costs and feasibility associated with each one of the three options; the parameters of the STS program options as outline in the memo, associated costs with each option, how the per trip cost was calculated, and the criteria to qualify for this service; the fact that this service was not mandated; the suggestion that Dial-a-Ride might be another option; the fact that Valley Metro did not anticipate providing extended bus service in Fountain Hills until 2014, the suggestion that non-profits might play a role in transportation service and that option should be explored; what role the two vans recently purchased would play and that perhaps another van was needed; the fact that Town funds needed to be used in the most effective manner; the overall philosophical question needed to be answered of whether the Town wanted to continue this service and what was the most efficient method; program option costs were discussed and an opinion was expressed that contracting may be more effective; the suggestion that volunteers be utilized as part of the overall plan; the observations that those who utilize this service for medical cop. needs might have another option when the new clinic opened in Town to have their needs met locally; the comment that those folks traveling out of town might not be willing to change physicians and that insurance z:\council packets\2008\r12-18-08\counci1081204m.docx Page 1 of 11 companies also influenced patients as to which doctors were utilized; the fact that nothing needed to be changed (monetarily) this current budget year; the fact that options could be further studied and refined with a scope of (- s ervice developed and plans for implementation as part of the new fiscal year's budget; reiteration that sufficient notice must be given to the users of this service and that placement in the coming year's budget would yogif accommodate reasonable notice; the fact that the Maricopa County was looking at cost recovery of the STS program; the suggestion of utilizing a type of"adopt-a-person" program; the fact that a decrease in state shared revenues was anticipated and therefore, the Town might be struggling further with a decrease in that revenue source; a general discussion of the types and number of trips now provided with possible strategies of where changes might be made and costs reduced. In response to requests from the Council for more detail on types of trips and locations, etc, Ms. Ghetti stated that some of the information was confidential and staff would not be able to provide that level of detail. Mr. Davis reiterated that he understood the consensus of the Council at this time was to continue status quo and review options during next year's budget process. AGENDA ITEM #2 - UPDATE ON FY 08/09 ECONOMIC DEVELOPMENT PROJECTS: TOWN CENTER SIGNS ON SHEA BOULEVARD AND INFORMATIONAL KIOSKS. Ms. Zanon reviewed the proposed design and placement of the downtown center signs utilizing a map and picture, which was distributed to the Council to view. She stated the intent was to create a path into town (as there were currently three streets into town) and to set Saguaro Boulevard up as the commercial exposure. She stated that this was the Council's initial review of signage noting that signing Shea Boulevard was the first step. Councilmembers discussed sign placement options that would lead people to the downtown area as well as the sign design(s). Councilmember Hansen commented that Palisades Boulevard sold Fountains Hills due to the views and agreed Saguaro and Palisades both held potential benefits for the community. Ms. Zanon proposed that both be streets (Saguaro and Palisades) be signed with Palisades Boulevard noted as scenic route. ( Councilmember Contino proposed that the downtown banners could be utilized as directional signs and the Councilmember Archambault suggested that Shea Boulevard could be signed as "Fountain Hills — next three exits"for advance notice as was done on highways. Ms. Zanon also reviewed the placement of kiosks in the downtown area and stated that more information on this would be provided at a later date including directional parking signs to access the Plat 208 parking. Discussion ensued with regard to signing options for the downtown (i.e. downtown banners); the need to cut costs; and the proposed size of signs noting that increased vehicle speeds required the use of larger signs. Mayor Schlum thanked Ms. Zanon for presenting the information. AGENDA ITEM#3-ADJOURN THE ADMINISTRATIVE SESSION. Councilmember Archambault MOVED to adjourn the Administrative Session at 6:28 p.m. and Vice Mayor Leger SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). REGULAR AGENDA * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Vice Mayor Leger called the meeting to order at 6:30 p.m. * INVOCATION-Leti Harris, BAHA'I Faith Community z:\council packets\2008\r12-18-08\counci1081204m.docx Page 2 of 11 * ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Councilmember Contino, Vice Mayor Leger, Councilmember McMahan, Councilmember Hansen, Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager Rick Davis and Town Clerk Bev Bender were also present. Mayor Schlum was excused from the meeting. * MAYOR'S REPORT None. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Department Division Information Overview of Services provided: Information Technology-Mike Ciccarone, Information Technology Coordinator. Information Technology Coordinator Mike Ciccarone addressed the Council relative to this agenda item and provided a brief overview of the services provided by his department. He noted that the division was comprised of one and a half people - Mr. Ciccarone, who focuses on the operations, the Help Desk, planning/budgeting/purchasing and service management for the entire division and Beata Bogdan, a part time staff member whose main focus was Help Desk requests and end user training. He advised that the division was responsible for computers (hardware and software), voice and data communications, staff support and in-house training, network and infrastructure support, building access, and security and video productions for the Council's meetings. Mr. Ciccarone discussed the various responsibilities carried out by the division; the fact that they maintained 25 L0 work stations, 20 servers, 13 printers (and other smaller work station printers) at five locations (Town Hall, the Community Center,the two Fire Stations and the Street Maintenance Yard); voice and data communications and the fact that they utilized Cox Communications for high speed internet, Qwest Communications for voice services and AT&T for wireless voice and data; the fact that staff monitored the contracts to ensure that the Town receives the best possible services at the lowest cost; the fact that the division took care of approximately 1,500 Help Desk requests annually (average time for each request was 15 minutes); 12 training programs that were offered; and the fact that the staff blocked approximately 1.5 million spam e-mails annually. Mr. Ciccarone informed the Council that the department's network uptime for 2008 was at approximately 99% and stated that they were striving to achieve 100% this year. He also discussed video production services and reported that staff had been producing videos of the Council meetings in-house for the Town since April 2008 and had upgraded to three cameras for better quality video. He added that they have been streaming the meetings on line since 2001. He said that over the past month they had approximately 2,800 frequently asked questions viewed on-line and 21 service requests had been logged so people were using the on-line process and it appeared to be accepted by the residents. Mr. Ciccarone indicated his willingness to respond to questions from the Council. Vice Mayor Leger thanked Mr. Ciccarone for his presentation. CALL TO THE PUBLIC Town Clerk Bev Bender advised that three citizens wished to address the Council. Bill Schmitt, 17404 E. Dullknife Drive, addressed the Council and advised that copies of his remarks had Lw already been distributed to the Councilmembers. He said that he was a conservationist and stressed the importance of caring for nature whenever possible. He noted that his handout contained pictures of the three islands that were located in Fountain Lake, one of which had fairly good cover and the other two that had pretty z:\council packets\2008\r12-18-08\counci1081204m.docx Page 3 of 11 much been stripped. He added that there was also an area close to the pump house where a lot of the birds hide and said that he hoped that stayed there. He stated that he was present this evening to encourage the creation of a long-term plan to guide the designation and use of the islands in Fountain Lake as natural living sculptures to serve as a sanctuary and wild life refuge. He discussed conflicts that exist relative to the best use for the islands and emphasized the importance of putting into place a well defined and thoroughly researched plan that would guide decision making relative to the use of the islands. Mr. Schmitt offered the following resolution for consideration by the Council: "Whereas Fountain Lake was created to serve the needs of the developers and residents of Fountain Hills;and Whereas the lake and islands just because of their existence are also an oasis in the desert that attract and serve a great diversity of plants and wildlife; and Whereas the islands, however small,provide the only available land to serve as a sanctuary and reserve without extensive human pressure; and Whereas the islands are a very significant resource where the citizens can choose to share the watering hole with thousands of other living organisms; and Whereas designating the islands as a natural living sculpture is as important to our conservation efforts as was the action by this Council years ago when you created public policy to designate wash areas as natural preserves, a treasure that inspire him and a lot of other people every day, he therefore asks Council to organize public discussions that would guide the process of creating a long range conservation plan for the islands in Fountain Lake to become a living sculpture and wild life refuge." Mr. Schmitt discussed the philosophies and quotes of former President Theodore Roosevelt and requested that the Council consider the proposal that he had put before them this evening, Vice Mayor Leger thanked Mr. Schmitt for his comments. Brian Strayer, 14505 N, Lark Court, addressed the Council and concurred with the remarks of the previous speaker. Mr. Strayer stated that the number and diversity of ducks and water fowl in the Lake was truly astounding and requested that the Council abide by the resolution presented by Mr. Schmitt and protect the wild life. The Vice Mayor thanked Mr. Strayer for his input. Bob Deppe, 16247 N. Boulder Drive, addressed the Council and said that on behalf of Washington Federal Bank and himself he would like to thank the Council for taking such quick action to remedy the parking problem. Vice Mayor Leger thanked Mr. Deppe for his comments. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM NOVEMBER 20,2008. AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE CANCELLATION OF THE JANUARY 1, 2009 REGULAR COUNCIL MEETING DUE TO THE MEETING DATE FALLING ON THE NEW YEAR'S DAY HOLIDAY AND SCHEDULING AN EXECUTIVE/WORK STUDY SESSION TO BE HELD ON TUESAY,JANUARY 13,2009. Councilmember Dickey MOVED to approve the Consent Agenda items as listed and Councilmember McMahan SECONDED. A roll call vote was taken with the following result: Councilmember Dickey Aye Vice Mayor Leger Aye Councilmember Hansen Aye Councilmember Contino Aye z:\council packets\2008\r12-18-08\counci1081204m.docx Page 4 of 11 Councilmember McMahan Aye Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY by those present(6-0). REGULAR AGENDA AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2008-39, REPEALING RESOLUTION 2003-70 AND RESOLUTION 2007-63, AND ADOPTING THE 2008 CONSOLIDATED ART MASTER PLAN. Director of Parks & Recreation Mark Mayer addressed the Council relative to this agenda item and said that he had spoken about this particular topic several times in the past. He stated that at the last meeting where this was discussed, the Council had indicated that there were a number of items they would like to see incorporated into the proposed Plan and reported that since that time, the Town Attorney had crafted a document that included those items. Mr. Mayer advised that the intent was to consider a revision for the process of selecting/approving and installing public art and to repeal Resolution 2003-70 (the Public Art Master Plan) as well as Resolution 2007-63 (the Public Art Fund Guidelines). He stated that they have now been incorporated into the proposed document. Mr. Mayer briefly discussed portions of the proposed contents of the revised 2008 Consolidated Art Plan and indicated his willingness to respond to questions from the Council. Councilmember Archambault MOVED to approve Resolution 2008-39, repealing Resolution 2003-70 and Resolution 2007-63 and adopting the 2008 Consolidated Public Art Master Plan and Councilmember Dickey SECONDED the motion. Jerry Miles, a member of the Public Art Committee who worked with staff to develop the proposal currently before the Council, addressed the members and said he had enjoyed working with the Town staff on this project. He stated that the biggest change had to do with the fact that the Art Committee had to tell the Council in advance that they were looking at a piece of art and expressed the opinion that the new resolution was excellent and all of the members of the Public Art Committee totally supported it. The Vice Mayor thanked Mr.Miles and the members of the Committee for their hard work and dedication. In response to a request for clarification from Vice Mayor Leger, Mr. Mayer advised that the Town was not behind the financing of public art as was reported in an article that appeared in the newspaper. He explained that the Town certainly supported the process that the Public Art Committee had put into place and emphasized that the Town had not purchased the art. He added that overwhelmingly the vast majority of art pieces had come forward through the Public Art Council and were either donated by someone or purchased through the fairly recently created 1% public art fund. He noted that those funds were set aside specifically for the purchase and installation of public art from people who were involved in development projects in Town (they pay into that particular fund). He added that such a fund was not unique and other municipalities had similar processes in place. He said that the misconception still existed that the Town purchased the art and clarified that this was not the case. Vice Mayor Leger thanked Mr.Mayer and reiterated that the art pieces were donated and the Public Art Council acted as the administrators. He added that the art was acquired through fundraising efforts as well as the 1% public art fund and again stressed that the monies raised could only be used for the purchase/installation of art. He said that this took the burden off of the General Fund and the taxpayers. He stated that the Council supported this process. Councilmember McMahan said that it was important for the public to know that art installation costs would now be paid out of the 1% fund that developers paidprior to receiving their Certificates of Occupancy. z:\council packets\2008\r12-18-08\counci1081204m.docx Page 5 of 11 Councilmember Dickey said that when they looked at an item that had a fiscal impact, if the funding came out of the Public Art Fund, it was still a fiscal impact but it was not a General Fund impact; Mr. Mayer concurred with her statement. He added that the Public Art Fund was specifically earmarked for that purpose (purchase/installation of art). Councilmember Hansen asked whether the previous policy was ever placed on the Town's website and Mr. Mayer replied that it was not. Councilmember Hansen stated that if the proposed policy was approved this evening, it might be helpful to put that information out on the website to clarify the issue for the Town's residents. Councilmember Contino asked how much money was left in the 1% fund and Mr. Mayer reported that $31,651 still remained in the fund. The motion CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM #4 - CONSIDERATION OF ACCEPTING FIVE PIECES OF PUBLIC ART THAT WOULD POTENTIALLY BE PLACED FOR PUBLIC DISPLAY. Mr. Mayer highlighted a brief PowerPoint presentation and noted that the first piece of art was titled "Freedom" and had a mother eagle tending to her young in a nest. He said that the cost of this piece was $19,900 and was proposed to be placed on the west island in Fountain Park. A two-foot high base finished in native stone would be constructed on the island at a cost of$5,400. He added that the Public Art Committee of the Fountain Hills Cultural and Civic Association was recommending that the piece be paid for and installed using funds from the 1%Public Art Fund. He said that the piece was created by two local artists,Jim and Judy Dobson. Mr. Mayer reported that three additional pieces were all original stone sculptures from the Zuva Gallery. The first piece was titled "Lovers" and was valued at $25,000. The piece would be donated by the gallery. The installation cost, estimated at $1,500, would be paid from the 1% Public Art Fund. The second piece titled "Joy" was valued at $48,000 and the third piece titled "An All Day Job" was valued at $28,000 (to be located near the Amphitheater in Fountain Park). The last two pieces would be on loan from the gallery for a year while a fundraising drive to cover the cost of acquisition and installation was conducted. The final piece was a three dimensional wall hanging titled "Beginnings" and was valued at $1,350. Each of the remaining pieces would have an installation cost of$1,500 for a total to potentially come from the 1% Public Art Fund of$29,800. He discussed annual insurance costs and said that "Freedom" would cost $124.70, "Lovers" would cost $107.50, "Joy would cost $206.40, "An All Day Job" would cost $120.40 and "Beginnings" would cost $5.81 (no installation costs because it was a wall hanging). Mr. Mayer informed the Council that the Parks & Recreation Commission provided general comments and recommended acceptance of the four sculptures for Fountain Park. He added that the Community Center Advisory Commission recommended approval and acceptance of "Beginnings" at their September 24, 2008 meeting and the three dimensional wall hanging would be placed inside the Community Center. He said that staff was recommending the acceptance of each of the five pieces and noted that a site map with the location of the four pieces to be placed in Fountain Park was included in the Council's packets. Mr. Mayer indicated his willingness to respond to questions from the Council. Mr.Jerry Miles interjected that the artists were in the audience this evening. Town Clerk Bev Bender advised that three citizens have submitted requests to address the Council relative to this issue. Martin Brown, 15615 Jamaica Lane,discussed the three stone sculptures and said that he was very excited about the art. He stated that the pictures did not do the pieces justice and noted that they stood 10 to 12-feet tall. He z:\council packets\2008\r12-18-08\counci1081204m.docx Page 6 of 11 noted that the Gallery had offered to install them for a maximum of$3,000 and the remaining costs would come out of the 1% fund. He said that the artists were world renowned and the Town was extremely fortunate to be Cor able to add this art to its collection. Terri Schmidt, 14267 Boxwood Lane, said that she loved the artwork and found it to be extremely impressive but expressed concerns regarding the current economy and the fact that the costs would exceed what was available in the Public Art Fund. She questioned whether this was the best time to proceed and added that citizens were concerned about money right now so she wonders how this would look to them. She added that she had concerns about the Eagle's Nest on the island and whether that was the best place to locate it - would people be able to see it? She stated that if they were going to do it and spend the money for it, then the piece should be more visible. Jerry Miles, a member of the Public Art Committee, said that the Committee had been justly criticized over the years because they had not acquired enough pieces by local artists. He said that they had three small pieces of sculpture by local artists, including one by Councilmember Dickey's father, and half a dozen wall pieces that hung in the Community Center and elsewhere by local artists. He noted that the piece they were bringing forward tonight was the first full sized piece by a local artist and explained that the Town did not have a lot of artists who did pieces such as this. He said that the price that the artists had agreed to sell it for was far less than what one would pay at one of their shows because they wanted the piece to be a part of the Town. He added that the members of the Public Art Committee and everyone else believed this was an appropriate use for the monies. He also commented on the fact that they were talking about an artificial island in an artificial lake filled with reclaimed sewage water and there was no natural habitat or vegetation. He stated that placing the artwork there would be fantastic and stated the opinion that people would be able to see it. He added that it would be a great addition and urged the Council to support this proposal. The Vice Mayor thanked the speakers for their comments. (low In response to a question from Councilmember Dickey,Town Attorney Andrew McGuire stated that the Council could take each item separately and make a motion for each if they so wished or collectively. Councilmember Dickey MOVED to accept "Lovers," "Joy," "An All Day Job," and "Beginnings," (including the installation costs and expenditure from the Public Art Fund) and Vice Mayor Leger SECONDED the motion for the purpose of discussion. Councilmember Dickey explained that she wanted to talk about the "Freedom" piece separately. In response to a question from Councilmember Dickey, Mr. Mayer confirmed that "Beginnings" had been donated. Councilmember Dickey stated that it was her understanding that if there was a community wide effort to pay for the art,the monies raised would also pay for the installation. Mr. Mayer reported that the Gallery had agreed to pay for the installation costs for the two pieces (maximum of $3,000). Mr. Mayer said that as proposed the installation costs would come out of the 1% Public Art Fund whether it was$3,000 or more as quoted. Councilmember Dickey commented that the two pieces she was talking about would be "on loan" and would be installed even if they were not owned and the installation money was coming from the 1% fund. Mr. Mayer agreed with the Councilmember's comment. Councilmember Dickey further stated that it was her understanding that when the money did come in for these pieces, if it was a community wide effort,it would include the cost of installation. Mr.Mayer again concurred with Councilmember Dickey's statement. Councilmember Hansen discussed the two pieces of art that would be "on loan" and asked if there was any way to ensure that the Town would not have any obligation to purchase them if the community wide effort to raise funds was not successful. z:\council packets\2008\r12-18-08\counci1081204m.docx Page 7 of 11 Mr. McGuire expressed the opinion that the Town did not have any contractual obligation with the artists and added that the Town's obligation was limited to the installation costs. He added that until the Council accepted C the art, it was not a Town piece of property. He said that it would be insured because it would be installed on Town property;however,it was not Town property until the Council formally accepted it. Councilmember Dickey stated that if for some reason the community effort was not successful she would like to know if the Town then had to pay to have the artwork removed or if there would be an opportunity to extend the funding raising time limit. Mr.Mayer expressed the opinion that issues such as that could certainly be discussed and added that price might also be re-negotiated(many potential options). Vice Mayor Leger said that it was his understanding that once the pieces were in place the Arts Council would possibly look for donors and/or engage in fundraising activities and Mr. Mayer agreed with the Vice Mayor's statement. Vice Mayor Leger, addressing a comment from a citizens relative to the money in the Art Fund not being sufficient to pay for the art, said that it was important to understand that the "Freedom" piece was going to be purchased from the Art Fund and the installation for that would also be paid out of the fund. He added that one of the stone pieces would not cost the Town anything because it was being donated and the other two stone pieces that would be "on loan" would not be paid for by the Town - they would be paid for either through donations or a fundraiser and the fifth piece, "Beginnings," was being donated. He stressed that the Town's financial output was limited to the minimal amount spent on insurance. Vice Mayor Leger called for a vote on the motion. The motion CARRIED by majority vote of those present(5-1) with Councilmember Contino voting Nay. Councilmember Dickey MOVED to accept the art piece "Freedom" and revisit the location and Vice Mayor ( Leger SECONDED the motion for discussion purposes. Councilmember Dickey said that she was sensitive to what Mr. Schmitt said and appreciates his remarks about the islands and trying to make them living sculptures. She advised that he had offered to provide assistance in an effort to come up with a different way of handling the islands as a whole. She added that she solicited input from some people regarding the art piece to be placed on the island at Fountain Lake and they did not believe that it was conducive to admiration from the general public because the piece would not be visible from all directions and this might compromise the whole premise behind public art. She said that she certainly wants to accept the piece but would like to revisit its location in an effort to locate a site that was more accessible and where all of the angles could be seen and enjoyed. She added that they might even be able to save some money on installation costs if another site was identified. Councilmember McMahan concurred with Councilmember Dickey's comments. Councilmember Archambault said that the islands and the lake were manmade but they had spent the last 30+ years trying to make it a natural resource. He added that he agreed with Mr. Schmitt in that he would like to see something on the islands that was more of a natural state. In response to a request for clarification from Councilmember Hansen, Mr.Mayer stated that none of the islands had been scraped. He discussed maintenance problems and difficulties associated with accessing the island to get necessary work done. He said that approximately twice a year they had the contractors go over in a boat with mowers and hand tools and scalp the island in an effort to improve its aesthetics. He added that he had suggested to the former Town Manager that they landscape or rock the island in an effort to give the islands a finished look and they got halfway through that process and finished the first island. He said that before they could start on the second island, discussions took place about whether or not that was a legitimate use or best ,041) use for the property and so the project was put on hold. He stated that based on the lack of complaints being z:\council packets\2008\r12-18-08\counci1081204m.docx Page 8 of 11 received he believed people like the way the island now look with the rocks/landscaping. He added that if they get calls from citizens about the other island they tell people they were leaving that as a natural area and at some Lie point they hoped to put in some signage and identification and designate it as a natural island. Councilmember Contino asked whether the island could be changed, i.e. elevated, so that everyone could see the art piece(raise the topography). Mr. Mayer pointed out that part of the reason why the base for the piece ("Freedom") was so expensive was because it would be sitting up on a two-foot base. He added that part of the reason for the placement there was because typically when you viewed eagles you view them from a distance and so they were trying to create that isolation from people and put it in a natural setting. He said that they had originally looked at a five-foot base but it was cost prohibitive and they discussed putting native or natural stone around the base. He stated that the Arts Committee was trying to make it appear as natural as possible. He added that you could walk around a lot of the pieces but he was not sure how much artistic there was from looking at the back side of an art piece. He stated that most pieces were designed to be looked at from a particular direction and were oriented in that manner. Councilmember Dickey commented that she had an art piece at home that she had placed in front of a mirror so she could enjoy it from all sides. Councilmember Hansen suggested that they ask the artists what they thought of the proposed location. Mr. & Mrs. Dobson, the creators of the art piece, addressed the Council and advised that "Freedom" was designed to be viewed from a certain angle because it was an "action/reaction" piece and that the eaglets were recently added. He said that contemporary pieces were viewed "all the way around." L Vice Mayor Leger stated that he believed Councilmember Dickey's motion was to accept "Freedom" with recommendations from the Arts Council for an alternative location and Councilmember Dickey concurred. Mr. McGuire commented that the motion includes, in this case, the purchase of"Freedom" from the Public Art Fund and the allowance for installation when that decision was made. Mr. Miles said that from the standpoint of the Public Art Committee they believed the island was the best place for the art piece but they certainly could accept an alternative. He added that if it was placed in the Community Center area there was an alternate fund to provide installation costs. The Vice Mayor called for a vote on the motion. The motion CARRIED UNANIMOUSLY by those present(6-0). Councilmember Contino stated that he had misunderstood the previous motion and that he had wanted to vote yes on all of the art. He added that he was not opposed to the art but with the stipulation that Councilmember Dickey made he got confused. Mr.McGuire stated that a vote for reconsideration would be in order to resolve the situation. Councilmember Dickey MOVED to reconsider the motion (her first motion) and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). Councilmember Dickey MOVED to accept the art pieces "Lovers," "Joy," "An All Day Job," and "Beginnings" and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY by those Now present(6-0). z:\council packets\2008\r12-18-08\counci1081204m.docx Page 9 of 11 Vice Mayor Leger expressed appreciation to Mr. Miles and everyone else who worked so diligently on this project. He said that the revised policy was long overdue and he believed they had accomplished the goal outlined by many citizens, namely taking the cost off of the General Fund. He stated that the Council still 11) supported this and hopefully the program would continue to operate successfully. AGENDA ITEM #5 - 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 #6 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER. None. AGENDA ITEM#7- ADJOURNMENT. Councilmember McMahan MOVED to adjourn the meeting and Councilmember Contino SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). The meeting adjourned at 7:40 p.m: - EXECUTIVE SESSION * CALL TO ORDER Vice Mayor Leger called the Executive Session to order at 7:55 p.m. ‘,441) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) PURSUANT TO A.R.S. §38- 431.03(A)(6), FOR DISCUSSION, CONSULTATION OR CONSIDERATION FOR INTERNATIONAL AND INTERSTATE NEGOTIATIONS OR FOR NEGOTIATIONS BY A CITY OR TOWN, OR ITS DESIGNATED REPRESENTATIVES, WITH MEMBERS OF A TRIBAL COUNCIL OR ITS DESIGNATED REPRESENTATIVES, OF AN INDIAN RESERVATION LOCATED WITHIN OR ADJACENT TO THE CITY OR TOWN, (SPECIFICALLY,A PROPOSED AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION TO BUILD AN ENTERTAINMENT VENUE); AND (ii) PURSUANT TO A.R.S. §38-431.03(A)(4), 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, CONTRACT NEGOTIATIONS RELATED TO AN ENTERTAINMENT VENUE.) * ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Councilmember Contino, Vice Mayor Leger, Councilmember McMahan, Councilmember Hansen, Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager Rick Davis, Assistant to the Town Manager Kate Zanon, Finance Director Julie Ghetti, Bond Counsel Scott Ruby, and Town Clerk Bev Bender were also present. Councilmember McMahan MOVED to convene the Executive Session and Councilmember Dickey SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). Mayor Schlum entered the meeting at 8:00 p.m. z:\council packets\2008\r12-18-08\counci1081204m.docx Page 10 of 11 Fort McDowell Yavapai Nation representatives Orlando Moreno, CEO and Alfonso Rodriguez, Director of Community and Economic Development/Engineering; Brad Yonover with DB Ventures, and Nicole Laslavic with Williams and Assoc. entered the meeting at 8:15 p.m. and left at 9:00 p.m. Mayor Schlum adjourned the Executive Session at 9:45 p.m. TOWN OF FOUNTAIN HILLS By or Jay T. 1 By 1 y ry Leger ATTEST AND PREPARED BY: Bevelyn J en r,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Administrative, Regular and Executive Sessions held by the Town Council of Fountain Hills in Town Hall on the 4th day of (. December 2008. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of December 2008. Bevelyn J e er, Town Clerk z:\council packets\2008\r12-18-08\counci1081204m.docx Page 11 of 11 (j % 1 C4,.. j