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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 z:\council packets\2012\r10-18-12\121004m.docx Page 2 of 11 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 z:\council packets\2012\r10-18-12\121004m.docx Page 3 of 11 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% z:\council packets\2012\r10-18-12\121004m.docx Page 4 of 11 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. z:\council packets\2012\r10-18-12\121004m.docx Page 5 of 11 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. z:\council packets\2012\r10-18-12\121004m.docx Page 6 of 11 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. z:\council packets\2012\r10-18-12\121004m.docx Page 7 of 11 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 z:\council packets\2012\r10-18-12\121004m.docx Page 8 of 11 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 z:\council packets\2012\r10-18-12\121004m.docx Page 9 of 11 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. z:\council packets\2012\r10-18-12\121004m.docx Page 10 of 11 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. z:\council packets\2012\r10-18-12\121004m.docx Page 11 of 11 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