HomeMy WebLinkAbout2012.1004.TCRM.Minutesz:\council packets\2012\r10-18-12\121004m.docx Page 1 of 11
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
October 4, 2012
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers.
* INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church
* ROLL CALL
Present for roll call were the following members of the Fountain Hills Town Council: Mayor Kavanagh,
Councilmember Yates, Vice Mayor Leger, Councilmember Brown, Councilmember Elkie, Councilmember Dickey and
Councilmember Hansen. Town Manager Ken Buchanan, Acting Town Attorney Chris Schmaltz and Town Clerk
Bevelyn Bender were also present.
* MAYOR'S REPORT
i) The Mayor will read a Proclamation recognizing October 1-5, 2012 as Customer Service Week.
Mayor Kavanagh stated that in 1992 the U.S. Congress proclaimed Customer Service Week a nationally recognized
event, celebrated annually during the first full week in October. She said that the week is dedicated to recognizing the
importance of customer service and honoring the people on the front lines of the service revolution. The Mayor advised
that various federal, state and local government officials throughout the country are taking this time to recognize, thank
and commend all customer service personnel for the dedicated service they provide to citizens. She noted that the Town
Council would like to express its sincere thanks and appreciation for the excellent customer service provided to the
citizens of the Town of Fountain Hills on a daily basis by the Customer Service Representatives of the Town. She
further stated that the Council recognizes and commends these representatives for fulfilling the Town's commitment to
providing the highest and most efficient level of customer service. Mayor Kavanagh proclaimed October 1 through
October 5, 2012, as Customer Service Week in the Town of Fountain Hills and respectfully asked all citizens to join in
expressing thanks for the outstanding work performed by the Customer Service Representatives of the Town throughout
the year.
Deputy Town Manager/Finance Director Julie Ghetti addressed the Council and stated that she wanted to take this
opportunity to commend all of the Customer Services Representatives who work for the Town. She said that they all
consider themselves Customer Service Representatives but referred to pictures of representatives being shown in the
Council Chambers and said they represent just a few who serve the citizens every day. She added that they celebrate
their commitment each year during the first week in October and thanked the Mayor and Council for their support.
ii) The Mayor will read a Proclamation declaring October 2012, Fire Prevention Month.
Mayor Kavanagh stated that the Town of Fountain Hills is committed to ensuring the safety and security of all those
living in and visiting the community. She noted that home fires killed more than 2,600 people in the United States in
2010 and fire departments in the United States responded to more than 369,000 home fires. She said that residents who
have planned and participated in a home fire escape plan are more prepared and will therefore be more likely to survive
a fire. She pointed out that working smoke alarms cut the risk of dying in reported home fires in half and added that the
Town's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention
and protection education. Mayor Kavanagh added that the Town's residents are responsive to public education measures
and are able to take personal steps to increase their safety from fire, especially in their homes. She stated that the 2012
Fire Prevention Month theme, "Have Two Ways Out," effectively serves to remind us to develop and practice home fire
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escape plans during Fire Prevention Month and year-round. The Mayor proclaimed the month of October 2012, as Fire
Prevention Month and urged all residents to practice their home fire escape plan during this month and to support the
many public safety activities and efforts of the Town's fire and emergency services.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
None.
* CALL TO THE PUBLIC
None.
* CONSENT AGENDA
Mayor Kavanagh noted that Agenda Item #3 has been moved from the Consent Agenda to the first item on the Regular
Agenda.
AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM SEPTEMBER 11 AND 20, 2012.
AGENDA ITEM #2 – CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION
SUBMITTED BY WILLIAM LIONELL PAGEAU, OWNER/AGENT OF FOUNTAIN HILLS ELKS 2846,
LOCATED AT 16766 PARKVIEW AVENUE, SUITE 103, FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES
14 LICENSE (PRIVATE CLUB).
Councilmember Yates MOVED to approve the Consent Agenda as listed above (Items 1 & 2) and Councilmember
Elkie SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
A roll call vote was taken with the following results:
Councilmember Dickey Aye
Vice Mayor Leger Aye
Councilmember Hansen Aye
Councilmember Yates Aye
Councilmember Brown Aye
Councilmember Elkie Aye
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #3 – CONSIDERATION OF APPROVING THE AMENDED STRATEGIC PLAN GOALS
AND OPERATIONAL PRIORITIES FOR FY 12-13.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and said that at the Council's
September 20th meeting, Council voted to amend the Strategic Plan Goals. He added, however, that the amended
Strategic Plan Goals and Operational Priorities were not approved and therefore this agenda item was placed on tonight's
agenda to complete the action. Mr. Buchanan added that included in tonight's packet under I2 in the Strategic Plan
Goals is a bullet point that should have been removed pursuant to the motion to amend that was approved at the
September 20th Council meeting. He said that the bullet point reads, "Create an infrastructure maintenance fund for
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facilities, parks and fire -- no roads; would require an initial cash infusion of $500,000 and annual construction of
$275,000 from the General Fund (excluding the lake liner and park lights)." He stated that staff requests that the
Council approve the Strategic Plan Goals and Operational Priorities for FY 12-13 with an amendment to remove bullet
point under I2 as discussed above.
Mayor Kavanagh thanked Mr. Buchanan for his comments.
Councilmember Elkie MOVED to approve the Strategic Plan Goals and Operational Priorities for FY 12-13 with an
amendment to remove the bullet point listed under I2 as discussed 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).
AGENDA ITEM #4 – CONSIDERATION OF ACCEPTING AND APPROVING THE PLACEMENT OF A
SCULPTURE TITLED, "MORE THAN WORDS," IN THE CENTENNIAL CIRCLE.
Parks and Recreation Coordinator Bryan Hughes addressed the Council and stated that he would do presentations on
Agenda Items 4, 5 and 6. He said that before the Council toni ght are three items for their consideration (accepting and
approving the placement of sculptures) for inclusion in the Town's public art collection.
Mr. Hughes referred to a picture of the first piece depicted on the screen entitled, "More Than Words" and noted that the
sculptor is Greg Todd of Greely, Colorado. He reported that the bronze piece is valued at $20,000 and is being donated
by Tony and Sally Atchinson, who are present in the audience this evening. He advised that the Public Art Committee is
recommending that the piece be placed in the Centennial Circle and added that the estimated annual insurance cost for
this piece would be $86.00 annually.
Mr. Hughes informed the Council that the next piece is entitled, "Second Story View" and said that the sculptor is Jeff
Bates from Fruita, Colorado. He advised that the bronze piece is valued at $3,700 and is being purchased and donated
by the Fountain Hills Cultural and Civic Association. He said that the Public Art Committee is recommending that the
piece be placed in Fountain Park. He added that the estimated annual insurance cost for this piece would be $15.92
annually.
Mr. Hughes referred to the third sculpture entitled, "Emma's Garden" and said that the sculptor is Scott Streadbeck from
Alpine, Utah. He advised that the bronze piece is valued at $11,500 but is being sold for $7,500. He noted that a family
is donating $5,000 in remembrance of a local resident who passed away and the balance of $2,500 is being requested to
come from the Public Art Fund. He added that there are sufficient funds in the Public Art Fund to cover this expense.
He advised that the Public Art Committee is recommending that the piece be placed in Fountain Park. Mr. Hughes
stated that the estimated annual insurance cost would be $49.45.
Mr. Hughes said that Sandi Thompson, Chair of the Public Art Committee, is present to answer any questions the
Council may have.
Councilmember Yates MOVED to accept and approve placing a sculpture titled, "More than Words" in the Centennial
Circle and Councilmember Elkie SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
Councilmember Dickey asked what the remaining balance would be in the Public Art Fund and Mr. Hughes said he did
not know the answer to the question off the top of his head.
Chair Sandi Thompson advised that the funding is not coming out of the Town's Public Art Fund; it is coming out of the
Fountain Hills Cultural and Civic Association's Public Art Fund (FHCCA's Fund). She explained that there is the 1%
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Public Art Fund that pays for insurance, maintenance and things like that and added that the $2,500 for Emma's Garden
will be funded by the Association as well (FHCCA) and public funds would not be used.
Councilmember Dickey said she thought that these items were going to be two -step processes; one where the Council
accepts the art and the other where they approve the location of the pieces. She asked if this has changed.
Ms. Thompson replied that she knew that art pictures were submitted to Parks and Rec in time for this meeting and
before this meeting so she would assume that it would be shown to the Council.
Councilmember Dickey thanked Ms. Thompson for her comments.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #5 - CONSIDERATION OF ACCEPTING AND APPROVING THE PLACEMENT OF A
SCULPTURE TITLED "SECOND STORY VIEW," IN FOUNTAIN PARK.
(For discussion see Agenda Item #4 above.)
Councilmember Elkie MOVED to accept and approve placing a sculpture titled, "Second Story View" for placement in
Fountain Park and Councilmember Yates SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #6 – CONSIDERATION OF ACCEPTING AND APPROVING THE PLACEMENT OF A
SCULPTURE TITLED, "EMMA'S GARDEN," IN FOUNTAIN PARK.
(For discussion see Agenda Item #4 above.)
Councilmember Yates stated that he would like to make the motion and would like to have reference made to the fact
that the funds for this will be coming out of the FHCCA's funds as well. Mr. Hughes confirmed this statement and
Councilmember Yates said that he would like to include that in the motion.
Councilmember Yates MOVED to accept and approve placing a sculpture titled, "Emma's Garden" in Fountain Park
with partial funding of $2,500 to come from the Fountain Hills Civic & Cultural Association's Public Art Fund and
Councilmember Elkie SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
Councilmember Elkie thanked the donors of the pieces who were present in the audience for their generosity. He also
thanked the Fountain Hills Civic and Cultural Association for all of the good work that they do.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #7 – PUBLIC HEARING RELATING TO ORDINANCE 12-04, AN AMENDMENT TO THE
ZONING ORDINANCE TO AMEND SECTION 19.05 - PUBLIC ART REQUIREMENTS. IF ADOPTED, THE
AMENDMENT WOULD REVISE THE OPTIONS FOR DEVELOPER DONATIONS TO THE "PUBLIC ART
FUND" TO REQUIRE THAT SUCH DONATIONS BE MADE AT THE TIME OF THE BUILDING PERMIT
ISSUANCE RATHER THAN AT THE TIME OF CERTIFICATE OF OCCUPANCY ISSUANCE. CASE
NUMBER Z2012-02.
Mayor Kavanagh called the public hearing to order a 6:48 p.m. and said that she would be taking comments for both
Agenda Item #7 and #8 under this item.
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Senior Planner Bob Rodgers addressed the Council relative to these agenda items and s aid that the Building Safety
Division is responsible for the initial collection of the public art pieces. He said that the requirement that Public Art
contributions be made at the time of Occupancy approval for Commercial, Industrial or Multi -Family development
projects has proven to be problematic for the Building Safety Division o ver the past few years. He noted that on
occasion, Building Staff has had to hold back Certificates of Occupancy after a building has been constructed due to the
applicant's not having met the public art requirement. He added that this requirement has occasionally slipped through
the cracks and Certificates of Occupancy have been issued in error due to the current permit tracking software's inability
to flag this requirement in the system. Mr. Rodgers informed the Council that the Building Safety Division has
requested that the ordinance be amended to require that the donations (either cash or actual part pieces) be made at the
time the Building Permit is issued. Mr. Rodgers added that if a cash donation is made or a piece of art is donated and a
building permit is issued but no construction is initiated, mechanisms have been included to note that such contributions
will be refundable should the project fail to develop.
Mr. Rodgers advised that the Planning & Zoning Commission voted at their September 13, 2012 meeting to recommend
approval of this amendment and staff also recommends approval of the Public Art zoning ordinance text amendment as
presented.
Mayor Kavanagh thanked Mr. Rodgers for his presentation.
There were no citizens wishing to speak on this agenda item.
Mayor Kavanagh declared the public hearing closed at 6:50 p.m.
AGENDA ITEM #8 – CONSIDERATION OR ORDINANCE 12-04, AN AMENDMENT TO THE ZONING
ORDINANCE TO AMEND SECTION 19.05 - PUBLIC ART REQUIREMENTS. IF ADOPTED THE
AMENDMENT WOULD REVISE THE OPTIONS FOR DEVELOPER DONATIONS TO THE "PUBLIC ART
FUND" TO REQUIRE THAT SUCH DONATIONS BE MADE AT THE TIME OF THE BUILDING PERMIT
ISSUANCE RATHER THAN AT THE TIME OF CERTIFICATE OF OCCUPANCY ISSSUANCE. CASE
NUMBER Z2012-02.
Councilmember Dickey MOVED to approve Ordinance 12-04, the Text Amendment to Section 19.05 - Public Art
Requirements of the Zoning Ordinance as presented and Councilmember Elkie SECONDED the motion.
Councilmember Elkie requested that Mr. Rodgers provide some input on this issue and Mr. Rodgers advised that a
Public Art contribution is any time they have a Commercial, Industrial or Multi-Family development proposal that goes
through the Concept Plan approval process, which basically is site plan approval through the Planning & Zoning
Commission. He said that there is a 1% donation requirement to the Public Art Fund and that 1% is based on the
amount of the Building Permit. He noted that the Council has control over what those funds are used for (Public Art).
He added that the Public Art Committee may make recommendations as was the case this evening.
Councilmember Elkie advised that there is an alternative to making that contribution and Mr. Rodgers con curred and
stated that they could either make the 1% donation in cash or they could provide a public art piece for placement either
on their own site or on public property in an amount at or above what the cash amount would have been.
Councilmember Elkie asked Mr. Rodgers to explain the process if a builder decided to have a piece located on their site
rather than make a cash contribution (when would the piece have to be completed?) and Mr. Rodgers explained that
currently the requirement is prior to the Certificate of Occupancy being issued (it would have to either be contracted for
or in place). He said that staff would have to have adequate proof that the public art piece is going to be donated.
Councilmember Brown pointed out that Mr. Rodgers said that the amount was 1% of the price of the permit, when it fact
it is 1% of the valuation of the building and Mr. Rodgers said he believes it is 1% of the price of the Building Permit and
added that the permit cost is based on the value of the building.
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Councilmember Brown commented that he thought that when they finally wrote the ordinance it was written up as being
1% of the valuation of the building and asked whether he is misreading that.
Mr. Rodgers replied that it is based on 1% of the value of the Building Permit and reiterated that the Building Permit is
based on the value of the building (actually the value of construction).
Councilmember Elkie read the language contained in the ordinance.
Mayor Kavanagh asked if there was any point where the money was not refundable, and Mr. Rodgers responded that
once the construction begins on the project the money is not refundable.
In response to a question from Vice Mayor Leger, Mr. Rodgers advised that the larger portions of the donations are in
the form of cash donations (well over 80%).
Vice Mayor Leger asked what would happen if instead of donating cash a builder consigns with an artist for a particular
piece of art but then the project doesn't go through -- is the builder then the owner of an art piece. He questioned
whether any thought has been given to this scenario.
Chair Thompson addressed the Council and advised that for the smaller pieces that cost a few thousand dollars the
builders simply pay the cash. She added that she can't envision a larger project getting to that point and not going
through with it after going through all the trouble to consign a piece of art. She said that in the past this wasn't a
problem because donations or art pieces came into play after the fact but in this case the Public Art Committee would
work with the builder see what they wanted to do. She added that whether the Committee has the money at that time is
something that they would have to discuss.
Councilmember Yates stated that he was serving on the Planning & Zoning Commission when this was crafted and to
his recollection he does not think that someone would go out and physically buy the piece yet -- they would contract to
buy a piece and they would not get the Certificate of Occupancy until they go down the checklist of inspections and it
comes to the point where they are asked "Where is your art?" and they say "Well we are going to put it there" and then
they would be told that until they get it they cannot get the Certificate of Occupancy but a permit would be issued j ust by
showing the down payment. He added that the Vice Mayor is correct -- someone could go out and buy a piece of art and
say "Here it is and I'm going to put it over there" but if the project doesn't come to fruition theoretically they then own a
piece of art. He added that they discussed someone paying the money and the project not coming to fruition and noted
that the goal is to get the Certificate of Occupancy and they can't get that until they meet that criteria.
Vice Mayor Leger stated that what concerns him is under the new proposed scenario staff is saying that they want to
move this to the front end of the process and if a large developer contracts for an expensive piece of art at the time of the
Building Permit and the plan or development goes south then that is a concern. He said he doesn't know how they
would deal with that unless there was something in the contract with the Arts Group that clarified what would happen in
that event.
Mr. Rodgers advised that in order to obtain a Building Permi t the developer/builder would have to have some type of
evidence to show that they have been working with the Public Art Committee and are either under contract or have a
piece of art ready to install. He added that if they are under contract then they would have to believe that they were
smart enough to put terms in their contract stating that they could back out if for some reason the project could not go
forward. He said that otherwise they would own a piece of art but he does not see a way to get around that.
Councilmember Hansen asked if they could set up some type of escrow or holding account where those funds would
stay until something was finalized -- either they get their building permit or if they intend to do it themselves they take
the funds and put them in the holding account.
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Mr. Rodgers commented that he really doesn't see the Town being involved in that -- they would have a contract with
the artist or through the Public Art Committee. He added that the funds themselves would be on hold unti l the project is
completed just in case the project doesn't go through.
Mayor Kavanagh stated that she knows from experience that once an artist has been commissioned to create a piece of
art there is no going back on that. She asked if the intention was to actually have the piece started or wait until the
project actually starts -- even though there is an agreement that they are going to purchase the piece and then they wait
until the discussion actually starts and once that happens there is a contract an d the funds available so they would move
ahead with the piece.
Ms. Thompson advised that in the past they had until the Certificate of Occupancy was issued, so there was time. She
added that under the proposed procedure because it is new they would have to look at that and the Board would have to
look at what could be done in that case. She said she thinks the art pieces would not be started until they were sure that
the developer was going to go through with the project. She added that when they want their own piece of art they could
keep it on the "back burner" like it is today and subject to the Certificate of Occupancy.
Mayor Kavanagh expressed the opinion that these are details that have to be worked out before the Council can actually
vote on this issue. She said that this should be brought back before the Public Art Committee to be discussed.
Chair Thompson commented that this is new for her -- she did not know that this was going to be on the agenda. She
said that they are in favor of it but it is something that needs to be discussed.
Councilmember Dickey stated that it seems as though a contract for a piece of art would be like any other contract, for
drywall, etc., and if the project fell through then that contract would go the wayside as well.
Mr. Rodgers pointed out that the Town would not be involved in that contract.
Councilmember Brown said that he wanted to walk through the process -- he is going to come to Town and get a permit
to construct a building and the value is $1 million so he has to pay the Town 1% of that value or $10,000. He asked if
the money he hands over for the permit goes into a Town account and Mr. Rodgers responded that it does.
Councilmember Brown stated that even if he wants to supply his own piece of art why don't the y just take that money
(the 1%) to put in that account and let them pick out the piece of art, construct and start the project but don't release the
money until the Certificate of Occupancy is issued. He said at that time they could buy the art or start t he construction
of the art and the Town would still be in control of that money so if they didn't start the project the Town would have the
money to reimburse them. He stressed that this would only apply to the people who want to supply their own art.
Mr. Rodgers commented that that would be treating it like a bond and Councilmember Brown said it would make more
sense to collect it up front.
Mayor Kavanagh noted that that would put the Town back into the picture as opposed to Councilmember Dickey's
comment -- let it be a contract between the Public Art Committee and whoever is doing the construction.
Acting Town Attorney Chris Schmaltz said that he thinks the change in the ordinance before them this evening
addresses both of those scenarios. He added that with the first one, a developer/builder doesn't want to have to deal with
supplying a piece of art so he simply writes a check. He stated that if two weeks later after the permit was issued and the
fee was paid the deal falls through (construction has not started) the money can be refunded. He said that if on the other
hand the builder/developer chooses to work with the Public Art Committee to pr ovide a particular piece of art, when the
Building Permit fee is paid they provide a contract that contains a timeframe that spells out for the artist when he should
begin work on it -- that contract is shown to the staff who then have proof that the builder/developer is under contract to
supply a piece of art so they can accept that and that builds in some lead t ime as far as when the art work begins to be
started, the developer knows that he is not going to be out of the money if the project doesn't go through and then if the
project does in fact fall through the developer can talk to the artist and say "We're do ne." He added that there would not
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be a negative impact because he contracted with the artist to hold off on starting until he got the go ahead to begin work
on the art piece.
Mr. Schmaltz commented that those are the two scenarios and that is what he bel ieves the ordinance addresses. He
noted that the Town would not get involved in the contract between the developer and the artist. He added that they will
not obtain their Certificate of Occupancy until they actually have a piece of art on the site and location can be
determined.
Mayor Kavanagh said that she is hearing that the ordinance as presented covers both scenarios and Mr. Schmaltz
concurred with that statement.
Councilmember Elkie stated that he believes they have failed to ask how many buildings there are in Town right now
that do not have a Certificate of Occupancy in place because of their failure to contribute the 1% to the Public Art Fund
and Mr. Rodgers replied that there is only one that he is aware of.
Councilmember Elkie asked how many times a Certificate of Occupancy has been issued by staff before collecting the
1% fee and Mr. Rogers responded he believes two or three since 2009.
Councilmember Elkie expressed the opinion that this could be better addressed through staff or software upgrades. He
said that it does not appear that this is a significant problem and questioned why they are putting this additional
responsibility on the builders.
Mr. Rodgers advised that it is his understanding that this has been brought forth because the Building Safety Division ,
which actually collects the funds, has to log these items in. He added with the current software they can make it a
prerequisite between the Building Permit but for whatever reason the software will not let them make it a prerequisite
between the Occupancy Permit so there is the possibility that if the project goes over a couple of years people forget that
they didn't pay the Public Art Fee. He stated that they believe it would be easier for them administratively to have this at
the front end.
Councilmember Elkie expressed the opinion that he believes some administrative steps could be put into place. He
asked if all of the contracts for the purchase of art have to go through the Public Art Committee (to actually purchase the
piece). Mr. Rodgers replied that they have to obtain approval from the Committee. Councilmember Elkie stated that if
he were the builder he could actually contract with the artist on his own to build the piece as long as it has been
approved by the Committee and it is the 1% of the total value of the building. Mr. Rodgers responded that that is his
understanding.
Chair Thompson interjected that it would also have to meet the Public Art requirements.
Councilmember Yates said that regardless of whether someone contracts to buy their own art everyone pays the 1% and
then that money is released on one side or the other -- either to the Public Art Fund upon issuance of the Certificate of
Occupancy or back to the developer or artist and then the Town doesn't have to worry about anything. He added that
they should collect it all up front and the responsibility is on the developer to prove that the art has been purchased.
Councilmember Dickey commented that they may be able to obtain art that is valued at more than the 1% -- family
members and/or friends may want to contribute to the purchase as well. She said that this sounds like more of a
hardship and she is a little uncomfortable with having that be a requirement.
Mr. Rodgers pointed out that these are commercial and industrial developments and there is no requirement that they
stay at the 1% level.
Vice Mayor Leger stated that he respects what their attorney has said but when he reads the ordinance as written, and he
knows the experience of commercial development in the Town, such a large commercial development could be jumping
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at the bit and he just sees all this unnecessary stuff transpiring. He added that it is his understanding in reading the
ordinance and talking with the staff that the purpose of this was to simplify things but he believes it has become more
complicated. He said that at a minimum the notion of tabling this comes to mind to codify some of this in the ordinance
Vice Mayor Leger MOVED to table this item so that they can go back to the drawing board and take a closer look at
this. He added that at a minimum if they are going to stick with their ordinance as written some of the language needs to
be codified. Councilmember Hansen SECONDED the motion.
Mayor Kavanagh commented that in addition to trying to simplify the process for staff this was also a request from the
Public Art Committee because they have seen people somehow slip by without paying the 1% fee. She said this might
be a low number because they have not had a lot of construction but that could increase.
Town Manager Ken Buchanan requested clarification from the Council relative to staff direction on this item.
Mayor Kavanagh stated that this issue should go back before the Public Art Committee because there are some things
that the Committee has not considered because they did not realize that this item was even on the agenda. She added
that Mr. Miles is probably more aware of anyone about how this works.
Councilmember Yates asked how from a Parliamentary procedure they could make this so it is understood that they are
basically asking for the ambiguity to be clarified -- are they tabling it or giving direction?
Mr. Schmaltz responded that as far as the procedure, they have a current motion on the floor to table this item and if the
intent there is to table the item that is in front of them that is direction to bring back a new ordinance after input has be en
provided. He added that the action would be to table the specific amendments that are in front of the Council tonight
and then staff will take all of this input, work with the various interested parties and if necessary revise the ordinance
and bring it back through the process which includes bringing it back before the Council for consideration and action.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #9 - PUBLIC HEARING RELATING TO ORDINANCE 12-06, AN AMENDMENT TO THE
ZONING ORDINANCE TO AMEND CHAPTERS 2, 5, 9, 10, 11, 15 AND 18. IF ADOPTED THE
AMENDMENTS WOULD REVISE THE SECTIONS RELATING TO "TEMPORARY USE PERMITS" TO
AMEND, ELIMINATE, AND/OR REDEFINE THESE SECTIONS IN ORDER TO STREAMLINE
PROCESSES AND ELIMINATE UNNECESSARY BUREAUCRACY OR DUPLICATIVE PERMITS. CASE
NUMBER Z2012-02.
Mayor Kavanagh declared the public hearing open at 7:23 p.m. and said that she would be taking comments on Agenda
Item #9 and #10.
Senior Planner Bob Rodgers addressed the Council relative to this agenda item and stated that numerous Temporary Use
Permit (TUP) regulations currently reside in seven chapters of the Zoning Ordinance and occasionally duplicate a
number of other permit requirements. He added that they also sometimes create unnecessary and time -consuming
procedures. He advised that seven of those chapters are being recommen ded for amendment under this proposal. Mr.
Rodgers briefly highlighted the seven chapters. He informed the Council that the Planning & Zoning Commission
initiated this amendment at their May 24, 2012 Regular meeting and voted at their September 12, 2012 meeting to
forward a recommendation to Town Council to approve this ordinance amendment. He further stated that staff also
recommends approval.
There were no citizens wishing to speak on this agenda item.
Mayor Kavanagh declared the public hearing closed at 7:28 p.m.
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AGENDA ITEM #10 - CONSIDERATION OF ORDINANCE 12-06, AN AMENDMENT TO THE ZONING
ORDINANCE TO AMEND CHAPTERS 2, 5, 9, 10, 11, 15 AND 18. IF ADOPTED THE AMENDMENTS
WOULD REVISE THE SECTIONS RELATING TO "TEMPORARY USE PERMITS" TO AMEND,
ELIMINATE, AND/OR REDEFINE THESE SECTIONS IN ORDER TO STREAMLINE PROCESSES AND
ELIMINATE UNNECESSARY BUREAUCRACY OR DUPLICATIVE PERMITS. CASE NUMBER Z2012-02.
Councilmember Hansen MOVED to approve the proposed text amendments to Chapters 2, 5, 9, 10, 11, 15 and 18 of the
Zoning Ordinance, as they relate to Temporary Use Permits as presented and Councilmember Yates SECONDED the
motion.
Councilmember Hansen commented that anytime they can make government smaller it is a good thing and simplifying
this ordinance will be a very good move and help foster events. She thanked the Planning & Zoning Commission and
staff for bringing this forward.
In response to a question from the Mayor, Mr. Rodgers confirmed that these changes can be handled administratively.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #11 – COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN
BUCHANAN.
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 #12 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY
THE TOWN MANAGER KEN BUCHANAN.
None.
AGENDA ITEM #13 – ADJOURNMENT.
Councilmember Yates MOVED that the Council adjourn the meeting and Councilmember Brown SECONDED the
motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:29 p.m.
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TOWN OF FOUNTAIN HILLS
By_____________________________
Mayor Linda M. Kavanagh
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 Regular Session held by the
Town Council of Fountain Hills in the Town Hall Council Chambers on the 4th day of October 2012. I further certify
that the meeting was duly called and that a quorum was present.
Dated this 18th day of October 2012.
_____________________________
Bevelyn J. Bender, Town Clerk