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HomeMy WebLinkAbout2012.0105.TCREM.Minutesz:\council packets\2012\r1-19-12\120105m.docx Page 1 of 11 TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 5, 2012 EXECUTIVE SESSION AGENDA CALL TO ORDER Mayor Schlum called the Executive Session to order at 5:35 p.m. in the Town Hall Fountain Conference Room. AGENDA ITEM #1 – ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) PURSUANT TO A.R.S. §38-431.03(A)(7), DISCUSSION OR CONSULTATIONS WITH REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE, SALE OR LEASE OF REAL PROPERTY (SPECIFICALLY, THE EXCHANGE OF PROPERTY), AND (ii) PURSUANT TO A.R.S. §38-431.03(A)1, DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT, WITH THE EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT THE DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING (SPECIFICALLY, FOR THE PURPOSE OF DISCUSSING TOWN MANAGER APPLICANTS' QUALIFICATIONS). ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember Brown, Councilmember Leger, Councilmember Hansen, Vice Mayor Dickey, Councilmember Contino and Councilmember Elkie*. Interim Town Manager/Finance Director Julie Ghetti, Director of Development Services Paul Mood, Human Resources Director Joan McIntosh, Consultant Jim Mercer,* Town Attorney Andrew McGuire and Town Clerk Bev Bender. *Councilmember Elkie and Consultant Jim Mercer participated in the meeting through the use of telephonic equipment. Councilmember Hansen left the meeting at 6:20 p.m. Councilmember Brown MOVED to enter into the Executive Session and Vice Mayor Dickey SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #2 – ADJOURN TO THE REGULAR SESSION Without objection Mayor Schlum adjourned the Executive Session at 6:26 p.m. REGULAR SESSION AGENDA * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:36 p.m. in the Town Hall Council Chambers. * INVOCATION – Ms. Carol Goldberg, Temple Beth Navigot * ROLL CALL z:\council packets\2012\r1-19-12\120105m.docx Page 2 of 11 Present for roll call were the following members of the City Council: Mayor Schlum, Vice Mayor Dickey, Councilmember Brown, Councilmember Leger, Councilmember Contino, Councilmember Elkie,* and Councilmember Hansen. Interim Town Manager/Finance Director Julie Ghetti, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. * Councilmember Elkie participated in the meeting through the use of teleconferencing equipment. * MAYOR’S REPORT None. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDING JUNE 30, 2011, BY DENNIS OSUCH, PRINCIPAL, LARSON ALLEN LLP. Interim Town Manager/Finance Director Julie Ghetti addressed the Council relative to this agenda item and stated that cities and towns in Arizona are required to have an audit completed by an independent CPA firm each year and so the Town contracted with the firm of Larson Allen LLP to conduct the audit for the Fiscal Year ending June 30, 2011. She stated that she is pleased to report that the Town received a clean opinion and added that Mr. Dennis Osuch will provide a brief overview of the audit conducted by his firm. She noted that the report will be on the Town's website starting tomorrow. Mayor Schlum thanked Ms. Ghetti for her comments. Mr. Dennis Osuch addressed the Council and reviewed the Comprehensive Annual Financial Report (CAFR) (a complete copy is available in the office of the Town Clerk as well as on the Town's website as mentioned above). He discussed the Town's responsibilities as well as the responsibilities of the firm conducting the audit and emphasized that the firm's responsibility, as described by professional standards, is to express opinions about whether the financial statements prepared by management with the Council's oversight, are fairly presented in all material respects and in conformity with U.S. generally accepted accounting principles. He advised that there is one significant change in accounting policies relating to how fund balances are reported and therefore this change has been made and is reflected in the documents as presented (committed, restricted and unassigned fund balances). Mr. Osuch stated that the firm did issue a letter showing one significant deficiency whic h did not require a material audit adjustment but did require an audit adjustment relating to LTAF II funds (just to properly reflect the expenditures and revenues for the year). He said that they also issued a report on the compliance with Highway User Revenue Funds (HURF) and explained how compliance is determined. He reported that they did not report any findings in performing that review. Mr. Osuch further stated that since the Town receives LTAF II funds, an audit was conducted on them as far as how those funds are spent and ensure that the funds are spent in accordance with Arizona Revised Statutes and a clean opinion was issued on that as well. He added that the firm conducts an audit of the Town's Annual Expenditure Limitation to determine whether the Town was in conformance with its expenditure limit, which it was (actually below the limit by approximately $15.9 million). Mr. Osuch went on to discuss the Comprehensive Annual Financial Report (CAFR) and stated that a clean opinion was issued on this. He said that no material weaknesses or audit adjustments were required. He advised that the CAFR was submitted to GFOA for the award which the Town had received for the 2010 audit and he said he anticipates that the Town will receive an award for the 2012 audit as well. Mr. Osuch indicated his willingness to respond to any questions from the Council. z:\council packets\2012\r1-19-12\120105m.docx Page 3 of 11 Mayor Schlum thanked Mr. Osuch for his presentation. CALL TO THE PUBLIC None. CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM NOVEMBER 17, 2011 (RETREAT) AND DECEMBER 15, 2011. AGENDA ITEM #2 – CONSIDERATION OF APPROVING THE LIQUOR LICENSE APPLICATION SUBMITTED BY ANN LEE CHANG, OWNER/AGENT OF SU LEE FA ENTERPRISE, LLC DBA PARKVIEW TAP HOUSE LOCATED AT 16828 E. PARKVIEW AVENUE, #B & C, FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES 12 LICENSE (RESTAURANT). Councilmember Leger MOVED to approve the Consent Agenda as listed and Vice Mayor Dickey SECONDED the motion. A roll call vote was taken as follows: Mayor Schlum Aye Vice Mayor Dickey Aye Councilmember Leger Aye Councilmember Hansen Aye Councilmember Contino Aye Councilmember Brown Aye Councilmember Elkie Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM #3 - CONSIDERATION OF APPOINTING TWO (2) CITIZENS TO EACH SERVE A TWO-YEAR TERM ON THE BOARD OF ADJUSTMENT, BEGINNING FEBRUARY 1, 2012 AND ENDING JANUARY 31, 2014. Mayor Schlum MOVED to appoint Paul Ryan and Carol Perica to each serve a two-year term on the Board of Adjustment, beginning February 1, 2012 and ending January 31, 2014 and Councilmember Brown SECONDED the motion. Town Clerk Bev Bender advised that there were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY (7-0). Mayor Schlum thanked Mr. Ryan and Ms. Perica for their willingness to serve. AGENDA ITEM #4 - CONSIDERATION OF THE PUBLIC ART COMMITTEE'S REQUEST TO RELOCATE THE SCULPTURE TITLED "TRUTH" FROM THE PARKING LOT IN FRONT OF THE COMMUNITY CENER TO THE CENTENNIAL CIRCLE. z:\council packets\2012\r1-19-12\120105m.docx Page 4 of 11 Director of Community Services Mark Mayer addressed the Council relative to this agenda item and stated that he has two items to present this evening for the Council's consideration. He advised that this action is a requirement under the Public Art Master Plan (if a piece is moved that has previously been placed the move has to be approved by the Council). He noted that the Public Art Committee is making this request and woul d like the piece to be relocated by the date of the local Centennial event, which is Sunday, February 12th. He said that the sculpture is currently in the parking lot in front of the Community Center and the request is to move it to the Centennial Circle so that it is in place for the actual celebration. He referred to maps showing the actual location of the piece as well as he proposed location (copies are available in the office of the Town Clerk). Mr. Mayer indicated his willingness to respond to any questions from the Council. Mayor Schlum thanked Mr. Mayer for his presentation. Mayor Schlum commented on the piece of art and said that the proposed move seems to make a lot of sense since they have so many improved areas and space at the Centennial Circle. Vice Mayor Dickey MOVED to approve the request of the Public Art Committee to relocate the sculpture titled "Truth" from the Community Center parking lot to the Centennial Circle and Councilmember Brown SECONDED the motion. There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #5 - CONSIDERATION OF THE PUBLIC ART COMMITTEE'S REQUEST TO APPROVE CONSTRUCTION AND NAMING OF A MEMORIAL TO RECOGNIZE THOSE THAT HAD A PART IN ESTABLISHING THE TOWN'S ART COLLECTION, INCLUDING THE LOCATION, WORDING AND TRANSFER OF $3,100, FROM THE CAPITAL PROJECTS CONTINGENCY LINE ITEM TO THE CENTENNIAL PROJECT. Director of Community Services Mark Mayer also addressed the Council relative to this agenda item and said that this request is also from the Public Art Committee of the Fountain Hills Cultural and Civic Association. He noted that the request is for a memorial to be constructed and placed at the entry way to the Community Center to recognize those that had a part in establishing the Town's art collection and placing it on public display. He advised that the memorial would be named "Milestone Memorial" and referred to photographs depicting a picture of the memorial, the memorial plaque language and a map of the proposed site (copies are on file in the office of the Town Clerk). He reported that the estimated cost of the monument, including installation and plaques, is estimated at approximately $3,100 and would be funded from the Capital Projects Fund (Project No. F4012, Centennial Circle). He said that funding for the memorial would require a transfer from the contingency line item to the project line item. Mr. Mayer indicated his willingness to respond to questions from the Council. There were no citizens wishing to speak on this agenda item. Councilmember Brown asked how many dollars in art the Committee has assembled in terms of gifts to the Town. Mr. Mayer replied that he does not have an actual dollar figure but advised that it is well in excess of $1 million. Councilmember Brown asked how much the Town has spent out of pocket at this point in time (insurance, etc.). Mr. Mayer said that on an annual basis the Town contributes approximately less than 1% of that amount between the insurance and maintenance that is done on the art pieces on a semi-annual basis. z:\council packets\2012\r1-19-12\120105m.docx Page 5 of 11 Councilmember Brown stated that that is quite an accomplishment and commended the Committee for their consistent and worthy efforts to make the Town even more beautiful than it already is. Councilmember Elkie commented that the money to fund the memorial would come out of the Centennial Circle fund and asked if they are exceeding the money they initially allocated for that fund (or was this anticipated). Mr. Mayer responded that of the $75,000 that was budgeted, a little less than $50,000 was spent initially on the placement of the pavers and the Public Art Committee came back with a request for the Council to fund a portion of the landscaping, which they agreed to do. He reported that at t his point in time there are no funds left in this particular fund and the intent is to use contingency funds left in the Capital Projects Fund to fund the balance. Councilmember Hansen stated that the proposed monument looks different than the other monuments in the Centennial Circle and asked if it would be slanted the same. Mr. Mayer said that he was told that it will look exactly the same but three quarters in size. Councilmember Leger commented on the fact that funding would come out of the Capital Projects Fund and said that the contingency fund has been pretty much maxed out. He added that the Art Committee has a very specific fund set aside for these types of things -- the Public Art Fund -- and asked what the balance is in that fund. Mr. Mayer replied that the balance is approximately $5,000. Councilmember Leger asked how this could be restructured so that it could come through the Public Art Fund (is there a way they could engage in some type of transfer?). Interim Town Manager/Finance Director Julie Ghetti advised that the original request was to use the Public Art Fund for this purpose; however, there was no budget for that Fund so without any authority to expend any money in that fund the next alternative was to take it out of the continge ncy line item in the Capital Projects Fund. She added that if the Council desires to have the money come out of the Public Art Fund the Council could authorize staff to do a budget transfer (transfer the budget authority, not the money) from the Capital Projects contingency line item over to the Public Art Fund and then the expenditure could be made out of that fund. Councilmember Leger stated the opinion that that seems like a more appropriate scenario from his perspective and noted that the Capital Projects Fund is diminishing. He added that although they are not talking about a large amount of money, for him it is a matter of principle. Vice Mayor Dickey MOVED to approve the Public Art Committee's request to construct and name a memorial as Milestone Memorial, approve placement of the Memorial and approve a transfer of $3,100 from the Capital Projects contingency line item to Project F2012 and Councilmember Leger SECONDED the motion. Councilmember Brown MOVED to and approve the Public Arts Committee's request to construct and name a memorial as Milestone Memorial, approve placement of the Memorial and approve the transfer of $3,100 from the Capital Projects Fund contingency line item to the Public Art Fund expenditure line item. Town Attorney Andrew McGuire stated that just one motion is required and Vice Mayor Dickey WITHDREW her motion. Vice Mayor Dickey SECONDED the motion as presented by Councilmember Brown. There were no citizens wishing to speak on this agenda item. z:\council packets\2012\r1-19-12\120105m.docx Page 6 of 11 Councilmember Elkie expressed appreciation to everyone who has contributed to the establishment of what he considers to be an outstanding collection of art in the Town. Mayor Schlum commented that he believes they are up to 105 pieces of art now and the goal was to have 100 by the Centennial Celebration so that goal has been exceeded. He noted that 97% of the art has been donated and thanked everyone involved for their generosity and hard work. He said that the Town has one of the best public art displays in the country or at least west of the Mississippi. Vice Mayor Dickey stated that if this is ready she hopes it will be a part of the Celebration on Saturday, the 12th of February from 3:00 p.m. to 5:00 p.m. She added that there will be a lot of other dedications, music and organizations will be on display. She noted that this event will go directly into a Civic & Cultural Association fundraiser and she hopes everyone will come out for this great celebration. The Mayor thanked the members of the Public Art Committee for their ongoing contributions to the Town. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #6 - PUBLIC HEARING RELATING TO ORDINANCE 12-01, TO RECEIVE COMMENTS ON AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 6, SIGN REGULATIONS, RELATING TO A-FRAME SIGNS AND BANNERS. Mayor Schlum opened the public hearing at 6:59 p.m. Senior Planner Bob Rodgers addressed the Council relative to Agenda Items #6 and #7 and explained that this item is a text amendment to the sign regulations in the Fountain Hills Zoning Ordinance. He noted that the amendments extend the expiration date to December 31, 2012 for A-frame signs and banners for special sales events. He stated that this has become an annual review process and added that the proposed amendments are exactly the same as those proposed and approved by the Council last year and they are just changing the expiration dates in two places. He said that a proposed Ordinance (12-01) is contained in the Council's packets. Mr. Rodgers advised that following Council direction, a Sign Ordinance Review Committee was formed and said that they have been meeting regularly since June 2011 and have requested that the extension be granted in order for the Committee to complete their comprehensive review and make recommendations regarding the entire sign ordinance. He added that based on this request, staff has agreed to recommend the extension. He further stated that the Planning & Zoning Commission forwarded a recommendation to extend the expiration date for six months only, until June 30, 2012, and said that their rationale, as far as staff understands it, is that they thought it would be best to consider the new sign ordinance in its entirety once the Sign Committee has completed their work rather than consider the ordinance piecemeal or, once approved have different sections of the ordinance being affected at different times. He added that both the Planning & Zoning Commission and Town Council expressed reservations last year about extending the expiration date due to the non-compliance of a number of businesses that use this type of signage. He said that staff agrees with these reservations but feels that it is reasonable to allow the Committee to complete their review and make their recommendations before changes to the ordinance are made. He stated that right now, without this extension, as of last Saturday these signs may no longer be used. Mr. Rodgers said that staff recommends that the Council approve the extension for an amount of time that they deem reasonable. He indicated his willingness to respond to questions from the Council. Mayor Schlum thanked Mr. Rodgers for his presentation and declared the public hearing open at 6:59 p.m. Ms. Bender advised that four citizens wished to speak on this agenda item. z:\council packets\2012\r1-19-12\120105m.docx Page 7 of 11 Gene Slechta addressed the Council and stated that the Sign Committee has not completed its work. He estimated that they should be able to complete the remaining tasks by mid -year. He noted that the requested extension is only being done so that the A-frame signs and banners remain legal because that is not the case right now. He expressed the opinion that the recommendation was not made to pass judgment on whether to allow these signs to remain for another year because they have not completed the work. He agreed that the Council should be concerned about non-compliance but said that at a later point, once the Committee has completed their task, including open houses and consensus recommendations regarding ordinance changes, the Council will be able to make their decision regarding extension dates (may be one year, two years, no expiration date or let the signs expire). Cecil Yates (Vice Chairman of the Planning & Zoning Commission and member of the Sign Committee) addressed the Council and emphasized that their goal is to be as business supportive as possible and to give the Council as much time and tools necessary to pass the new ordinance and do whatever they feel necessary to help the Town's business community out. He explained that the reason the Commission changed the expiration date recommendation from one year to six months is because during discussions there were concerns that if they recommended a one-year extension, the Council's hands would then be tied and they would not be able to pass the new ordinance as presented. Jeff Cohen addressed the Council and said that this ordinance has been "kicked down the road" every year since he moved into Town (2001). He commended the members of the Committee for trying to make this as business friendly as possible and stated that he hopes that the Council really takes this into consideration. He stressed the importance of taking a good look at the community and added that businesses support the community and the owners pay a lot of taxes. Shawn White, Chairperson of the Board of Directors for the Chamber of Commerce and a local business owner , addressed the Council and noted that he is one of the many sub-committee members that are currently reviewing the current Sign Ordinance. He voiced his support for extending the Sunset Clause relating to A-frame signs and banners through December 31, 2012. He said that many of the local business owners, some of the Councilmembers, members of the Planning & Zoning Commission and Town staff are all part of this sub- committee. He stated that the members are putting forth a lot of effort, time and dedication on almost a weekly basis to take a look at the Sign Ordinance and take a look at some of the logistical concerns, not only from a business standpoint but from public and Town enforcement standpoints as well. He added that they are coming to a conclusion and he doesn't know how long that is going to take but they do have proposals to conduct open houses although they are not at that stage yet. He stressed the importance of receiving extensive input on this issue. Mr. White advised that one of the changes that they are looking at is directional arrows and said that currently they are not allowed on A-frame signs and that presents a compliance issue. He stated that there are a lot of A - frame signs out there and many business owners feel it imperative that directional signs be placed on them to help customers find their businesses. He added that from the Chamber's perspective, they certainly don't represent every business in Town but once they get to the point, if the Council is committed to taking the suggested amendments and passing them, the Chamber is committed to reaching out to their members and familiarizing them with the changes to the Sign Ordinance. He recognized the members of the sub -committee and said that it is a collaborative effort. Mayor Schlum thanked all of the speakers for their comments and input. Mayor Schlum declared the public hearing closed at 7:08 p.m. AGENDA ITEM #7 - CONSIDERATION OF ORDINANCE 12-01, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 6, SIGN REGULATIONS, RELATING TO A- FRAME SIGNS AND BANNERS. z:\council packets\2012\r1-19-12\120105m.docx Page 8 of 11 Vice Mayor Dickey MOVED that the Town Council approve Ordinance #12-01, a text amendment to the sign regulations in the Zoning Ordinance extending the expiration date to June 30, 2012, for A-frame and event banners and Councilmember Brown SECONDED the motion. Councilmember Brown MOVED to amend the motion to state that the Town Council approve Ordinance #12 - 01, a text amendment to the sign regulations in the Zoning Ordinance extending the expiration date to December 31, 2012 for A-frame and event banners and Councilmember Hansen SECONDED the motion. Councilmember Brown commented that this will allow adequate time for everyone working on this issue to assemble the entire document for presentation to the Council. Town Attorney Andrew McGuire advised that discussion should first take place on the amended motion. Councilmember Hansen stated that if the expiration date was June 30th it would tie the Council's hands for approving the new ordinance before December 31st. She asked whether this would really be an issue. She questioned whether the new proposed ordinance could be approved any time prior to the end of the year if the Council voted to extend the expiration date to December 31st. Mr. McGuire replied absolutely and said that the concern with Proposition 207 has always been the impetus for having an annual Sunset Clause so that they don't find themselves in a position where the use is taken away or is allowed to go without a Sunset Clause that later it couldn't be taken away without a Proposition 207 claim. He said that in this case the window of time in which that might occur he believes at most will be six months and he believes pretty strongly that no one will bring forth a challenge to Proposition 207 for diminished value under a revision to the Code (the use is not being completely eliminated -- there are going to be changes). He added, however, that there are never any guarantees. Councilmember Hansen stressed the fact that they are not taking current rights away, they are actually trying to give more rights. In response to comments from the Vice Mayor, Mr. McGuire said that in this case either date would work and added that they could also vote for a June 30th deadline and then extend that date out to the end of the year if they so desired. Vice Mayor Dickey ask when the Council can expect to have something before them to consider and Mr. Rodgers advised that it is anticipated that the open houses will begin in February or March. He stated that after that, depending on how well they go, they should be able to put something forward around the middle of the year (June/July). He confirmed that if the extension to December 31, 2012 is approved, efforts will still continue at as fast a pace as possible to complete the task. Councilmember Elkie advised that he would certainly defer to Councilmember Hansen and Councilmember Brown's desire to extend this out a year but said that there really is no harm in extending it for six months and then coming back to Council for an additional extension if one is needed. He asked whether it would be more prudent to proceed in this manner (extend for an initial six months and then if needed for another six-month period of time rather than chance having a Proposition 207 challenge occur). Mr. McGuire responded that that would certainly make it iron clad against a challenge (if they only extend it for six months and then for another six months if needed). He stated that he believes the risk is minimal. He added that at this point it is guess work as far as when they will see the revisions so it is difficult to determine which approach would be better. z:\council packets\2012\r1-19-12\120105m.docx Page 9 of 11 Councilmember Elkie commented that it would be his hope that they would be able to get something done within the next six months and not have the end of the year extension. He stated the opinion that sometimes closer deadlines serve as an incentive to get things done more quickly. Councilmember Brown emphasized that he does not want to rush this process at all and said that he certainly doesn't mind going to June 30th but he also doesn't want in any way to pressure the Committee or staff to bring before the Council something that isn't 100% complete and ready to go. He added that the Committee is working very hard on this and it is a long, tedious process that he doesn't want to be rushed and that is why he opted for the December 31st deadline. He stated that he certainly understands that he could withdraw his motion and go back to June 30th and they could roll it right on in and he would be happy to do that as long as the Committee and staff are not rushed in any manner to complete this important process. Councilmember Hansen advised that the Committee is very motivated to finish this task but they have been meeting every week since last June so there is motivation to complete the assignment. She said that it is not just a matter of not rushing the process, it is also the message to the business community as well (are businesses going to spend money on signs in May when that right might be taken away in June?). She added that if Mr. McGuire is comfortable with this she thinks it sends a better message by extending it out to the end of the year. Councilmember Contino stated that he would like to go along with the December 31st extension because business owners are always at risk and sitting here tonight, with his family having a business; it lets them sit back and say they can rest at ease with what they have. He said that it seems like they jerk the businesses around every time they turn around. He added that he concurs with the statement s made by Councilmember Brown and supports giving the business owners a year so they can sit back and relax and do what they have to in the year. Councilmember Leger said that he is prone to going to December 31, 2012 and "let's get it right." He commented on the group that is handling this and noted that not only are they getting input from the businesses, they are also getting input from the public. He stated that sometimes it is important to have more time rather than less time and perhaps they could throw out a challenge -- that it would be awesome if this could be finished sooner than the deadline. Vice Mayor Dickey said that by changing it, it could still be done by June and they are not actually condoning that it take longer. She discussed the educational process and stated that she is all for addressing the confusion issue as soon as possible. She added that she would go along with extending it out to December as long as Councilmember Elkie and Mr. McGuire are sure that they are not opening up a door for anything. Councilmember Elkie advised that he heard from legal as far as making it iron clad and extending it for six months and then another six months on top of that is obviously they would have to make the decision at the six- month point and it would be iron clad that they wouldn't be placing themselves in jeopardy of facing a Proposition 207 challenge. He added that it is a minimal risk as it is right now and he knows they can't do anything to tie future Council's hands as far as a decision in June but he just doesn't see the benefit of taking the risk. He said that he appreciates Councilmember Contino's position about the business owners being comfortable and getting on with business but he can't imagine that this Council or any future Council would refuse to extend the Sunset Clause for another six months if that was necessary. Councilmember Leger asked how long they have been in the extension period to date and Mr. McGuire advised that this is either the first or second one-year extension. Councilmember Leger questioned what the Town's risk was during that period for a Proposition 207 challenge and Mr. McGuire advised that the reason behind putting a Sunset Clause on was to never create a claim regarding the A-frame entitlement (once that is in as a use, taking away that use was the concern and the filing z:\council packets\2012\r1-19-12\120105m.docx Page 10 of 11 of a 207 claim). He added that having a Sunset Clause always gave it a temporary nature and took away the ability to claim that a loss took place. Councilmember Leger noted that they have extended for longer periods than six months before and doesn't understand why it is an issue now. Mr. McGuire stated that he believes the issue is that if the Sign Ordinance is amended in a way (with respect to A-frame signs) that could be less open ended than it currently is that could result in a 207 challenge. Councilmember Leger commented that in this case it appears that more is being given than taken away and his hope that they could see something in September, October or November; Mayor Schlum asked Councilmember Brown what he would like to do with his motion to amend at this point and he said he would like to leave it alone. Vice Mayor Dickey reiterated her concerns regarding possible challenges if they extend out to December 31st. She said that she is sure they would vote to extend it if necessary but if they extend it to December she is afraid they won't have the chance to discuss it in a thorough, comprehensive manner. Mayor Schlum called for a vote on the amended motion to extend the expiration date to December 31, 2012. The motion CARRIED by majority vote (5-2) with Vice Mayor Dickey and Councilmember Elkie voting Nay. There were no additional citizens wishing to speak on this item. The Mayor stated that he too appreciates the efforts of everyone who has worked and continues to work on this important issue. He said that they would like to get this wrapped up as soon as possible so that the educational component can begin, thanks to the Chamber of Commerce. He added that there has been a lot of non- conformance, some because of confusion, and it would be great to have a clear understanding of what the regulations are. He emphasized that everyone wants the businesses in Town to succeed. Councilmember Hansen noted that one of the goals is to make enforcement easier and be less of a drain on the Town's resources. Councilmember Contino advised that he is happy that they are going to go this way because the businesses will rest at ease and stressed the importance of letting businesses be rewarded and know that they are wanted. (Discussion ensued relative to the motions and Mr. McGuire said that he thought they had replaced the original motion with an amended motion so the 5-2 vote would have been on the original motion and Mr. McGuire's intention to discuss this with the Town Clerk and straighten it out (but a re-vote is fine right now). The Mayor called for a vote on the amended motion (to extend the expiration date to June 30, 2012 and approve Ordinance #12-01 as amended). Councilmember Elkie requested that the motion be restated. Ms. Bender said that her understanding is that the motion is to approve Ordinance 12-01 with an extension date of December 31, 2012 (as originally prepared and in the Council's packets). The motion CARRIED by majority vote (6-1) with Councilmember Elkie voting Nay. z:\council packets\2012\r1-19-12\120105m.docx Page 11 of 11 AGENDA ITEM #8 - COUNCIL DISCUSSION/DIRECTION TO THE INTERIM TOWN MANAGER/FINANCE DIRECTOR JULIE GHETTI. 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 #9 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE INTERIM TOWN MANAGER/FINANCE DIRECTOR JULIE GHETTI. None. The Mayor thanked Ms. Ghetti for continuing to do a great job as the Town's Interim Town Manager. AGENDA ITEM #10 - ADJOURNMENT Councilmember Contino MOVED to adjourn the meeting and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:31 p.m. TOWN OF FOUNTAIN HILLS By __________________________ Jay T. Schlum, Mayor ATTEST AND PREPARED BY: _________________________ Bevelyn J. Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive and Regular Sessions held by the Town Council of Fountain Hills in the Town Hall Fountain Conference Room and Council Chambers on the 5th day of January 2012. I further certify that the meetings were duly called and that a quorum was present. DATED this 19th day of January 2012. _____________________________ Bevelyn J. Bender, Town Clerk