HomeMy WebLinkAbout2005.0818.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
AUGUST 18,2005
Mayor Nichols called the meeting to order at 5:30 p.m.
AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38-
431.03.A.1, (i) FOR: DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGMENT,
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. THE PUBLIC BODY SHALL PROVIDE THE OFFICER,
APPOINTEE OR EMPLOYEE WITH WRITTEN NOTICE OF THE EXECUTIVE SESSION AS IS
APPROPRIATE BUT NOT LESS THAN TWENTY-FOUR HOURS FOR THE OFFICER,
APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER THE DISCUSSION OR
CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING. (SPECIFICALLY, REVIEW OF
PLANNING AND ZONING COMMISSION APPLICATIONS.)
Councilman Archambault MOVED to convene the Executive Session and Councilmember Kavanagh
SECONDED the motion, which CARRIED UNANIMOUSLY(6 to 0).
Councilmember McMahan MOVED to recess the Executive Session at 6:05 p.m. and Councilmember
Archambault SECONDED the motion, which CARRIED UNANIMOUSLY (6 to 0).
AGENDA ITEM#2—RETURN TO REGULAR SESSION
Mayor Nichols reconvened the Regular Session at 6:30 p.m. Following the invocation by Father John
McDonough, Church of the Ascension,roll call was taken.
ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council:
Councilmember Archambault, Mayor Nichols, Councilmember Kehe, Councilmember Kavanagh, Vice
Mayor Schlum, and Councilmember McMahan. Town Attorney Andrew McGuire, Town Manager Tim
Pickering, Town Clerk Bev Bender, and Executive Assistant to the Town Manager, Mayor, and Council
Shaunna Williams were also present.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) THE MAYOR WILL INTRODUCE US REPRESENTATIVE CONGRESSMAN J.D.
HAYWORTH, WHO WILL SPEAK ON CURRENT ISSUES THAT AFFECT FOUNTAIN
HILLS' RESIDENTS.
Mayor Nichols commented that it was an honor and privilege to introduce Congressman J.D. Hayworth,
from the 5th Congressional District. He noted that the Congressman had spoken at a previous Council
meeting and said that he considered him a friend of the Town and a personal friend as well. He invited
Congressman Hayworth to sit in his seat and provide the residents with an update on issues affecting the
Town of Fountain Hills.
Congressman Hayworth addressed the audience and thanked the Mayor for his kind introduction and said
cre that he would like to provide a brief update on the aspect of government in which everyone was involved this
evening, namely hearing from the citizenry. He stressed the importance of listening to the members of the
community in order to solicit their concerns. He discussed a survey that was sent to residents of the 5th
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Congressional District dealing entirely with the topic of border security and illegal immigration and reported
that within a three-week time span they received back almost 10,000 responses. He stated that border
security and national security were one and the same and it was important that "Washington step up to the
Lir plate" and deal with what was constitutionally the role of the Federal government. He commented on his
intention to introduce, when he returned to Washington, a sweeping bill dealing with illegal immigration that
would simply be called "Enforcement First". He added that he believed either they were a society of laws or
they were not and stated that the issue was a national security priority and it would be his priority, based on
what he had heard from the citizens of the 5th District, to introduce this legislation.
Congressman Hayworth reported that between 85,000 and 100,000 convicted felons from other societies
were on the lam and loose in the United States. He said he was sure that everyone agreed that those people
must be removed. He added that those who were here and those who sough to come here fraudulently and
threaten our national security must be stopped. He added that close to 400,000 people had overstayed their
visas and were in violation of the law. He stated that Enforcement First was their first course of action.
Congressman Hayworth said that it was his honor to represent the 5tn District and to be the first Arizonian in
history to serve on the House Ways & Means Committee, tasked with originating all tax legislation. He
reported that since 2001, they had enacted four major tax relief bills; several more targeted pieces of
legislation, and enhanced the Highway Bill and the Energy Bill. He spoke in support of embracing new
energy technologies. He added that when they returned to Washington, the Committee would work on
Budget Reconciliation and said that one of the top priorities that he shared was to extend the current top rate
of 15% on capital gains and dividends and although they were not due to expire until 2008, an extender
package would be proposed. He said they needed to make permanent the tax relief measures passed in 2001,
including the Child Tax Credit, Marriage Penalty Relief, and the elimination of the death tax. He also
discussed health care issues and noted that the Medicare drug prescription benefit became fully available to
all beneficiaries on New Year's Day, 2006. He pointed out that applications for citizens with limited means
had already been sent to millions of seniors and could be submitted at any time. He encouraged anyone
interested in obtaining an application to call 1-800-MEDICARE or call the 5th Congressional District at 480-
926-4151. He noted that plan enrollment would remain open until May 2006 and although citizens may
enroll later than that date, small penalties would be assessed.
Congressman Hayworth thanked the Mayor,Council, and citizens for the opportunity to address them.
Mr. Steve Simon expressed concerns regarding illegal border crossings and said that the problem seemed to
be that people were attempting to enter illegally from Mexico because when they tried to do it the proper
way, they got tied up in red tape and become discouraged. He asked what could be done to help legitimate
people, such as his wife's sister who lives in Brazil, and had been legally trying to enter the United States
since 1998. Congressman Hayworth said that his proposed legislation would raise the ceiling on legal
immigration and agreed that the process for legal immigrants should be streamlined while remaining safe,
effective and in accordance with the law. He also encouraged citizens faced with red tape issues to contact
his office for assistance.
Mayor Nichols thanked Congressman Hayworth for his presentation and wished him good luck in achieving
his goals. The Mayor presented Congressman Hayworth with a Key to the Town of Fountain Hills as well as
a Town coffee mug as a token of appreciation.
(ii) THE MAYOR WILL INTRODUCE SHARON MORGAN, WHO WILL PROVIDE AN
OVERVIEW OF THE RECENT TRIP TO SISTER CITY DIERDORF, GERMANY.
Mayor Nichols introduced former Mayor Sharon Morgan and said that she would present a brief overview of
her recent trip to the Town's Sister City, Dierdorf, Germany.
„r Mayor Morgan requested that Mayor Nichols join her at the podium and said it was an honor for her as
Chairperson of the Fountain Hill's Sister City Organization, to present the Mayor with gifts from the Town's
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newest Sister City. Mayor Morgan presented the Mayor with two Proclamations (one in German and one in
English) and another from Sister Cities International in recognition of the Town's contribution to
international understanding, demonstrated by their community affiliations with Dierdorf, Germany. She also
Lor. gave him official photographs of the signing of the Proclamations, the members of the Sister City
Organization and officials of Dierdorf, Germany, taken during their visit, one in front of the fountain in
Dierdorf. She presented the Mayor with a plaque, a book about Dierdorf, and copies of documents from the
17th century that were suitable for framing. She displayed Dierdorf's official flag as well as the official flag
of Germany and noted that they would stand side-by-side with the flag of Belgium.
Mayor Morgan stated that the Sister City group had a wonderful trip and were made to feel welcome and at
home. She said that it was her honor to accompany the Mayor and his wife and citizens of the Town on the
trip this past summer. She reported that they had applied for a $5,000 grant from Sister Cities International
and matching $5,000 Valley funds to begin a new unique telecommunications project in the Town's High
School and the High School in Dierdorf. She added that she would also request that members of the
organization begin working on an arts exchange between the schools. She noted the upcoming 50th
anniversary celebration of the Sister Cities organization and noted her intention to attend. She provided the
Mayor and members of the Council with applications to join the Sister Cities Organization and said that it
had always been her pleasure to work with the youth of her Town and now she had the opportunity to extend
that pleasure to the youth in the Town's sister cities.
Mayor Nichols thanked Mayor Morgan for her remarks and said he would like to see the Town erect signs at
the entrance to the Town depicting the Town's sister cities and also look into displaying the Sister Cities'
flags.
Mayor Nichols advised that the Council had been working on a program to recognize former Vice Mayor
Kathleen Nicola and had selected a bench that would be placed in Fountain Park next to the children's area
that she loved so much. He added that next to the bench a brass plaque would be placed that would state,
Loy "Kathleen Nicola, Councilperson and Vice Mayor. Kathleen was elected to the Town Council in May 2002
and appointed Vice Mayor in February 2005. A tragic accident took her life on May 19th 2005. Her large
and loving family, Town staff, and the residents of Fountain Hills will sincerely miss her. Thank you
Kathleen for all you did to make the Town of Fountain Hills a better place to live. Mayor and Town Council,
2005."
CALL TO THE PUBLIC
Town Clerk Bev Bender advised that no requests to speak had been submitted.
CONSENT AGENDA
Mayor Nichols read the following consent agenda items:
AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE MEETING MINUTES FROM
JULY 25 AND AUGUST 4,2005.
AGENDA ITEM #2 — CONSIDERATION OF RESOLUTION 2005-47, GRANTING A POWER
DISTRIBUTION EASEMENT TO SALT RIVER PROJECT(SRP).
AGENDA ITEM #3 — CONSIDERATION OF APPROVING THE ANNUAL ASPHALT &
CONCRETE REPAIR AND CONSTRUCTION CONTRACT (PW 2005-02) IN THE AMOUNT OF
$402,843 AND AWARDING THE CONTRACT TO MARKHAM CONTRACTING COMPANY,
INC.
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AGENDA ITEM#4— CONSIDERATION OF THE PRELIMINARY PLAT AND FINAL PLAT FOR
"AZCO CONDOMINIUM," A 2-UNIT CONDOMINIUM PROJECT LOCATED AT 14212
HAWTHORN COURT,AKA LOT 7,BLOCK 7,FINAL PLAT 104. CASE NUMBER S2005-09.
Ly, AGENDA ITEM #5 — CONSIDERATION OF PRELIMINARY PLAT AND FINAL PLAT FOR
"ETAMOSSA CONDOMINIUM," A 2-UNIT CONDOMINIUM PROJECT LOCATED AT 14031 N.
EDGEWOOD DRIVE,AKA LOT 9,BLOCK 9,FINAL PLAT 104. CASE NUMBER S2005-12.
AGENDA ITEM#6— CONSIDERATION OF FINAL PLAT FOR "LAS MONTANAS DEL SOL",A
7-LOT SINGLE-FAMILY SUBDIVISION LOCATED ON THE NORTHWEST SIDE OF LA
MONTANA DRIVE SOUTHWEST OF GUNSIGHT DRIVE.
AGENDA ITEM #7 — CONSIDERATION OF RELEASE OF FUNDS TO FOUNTAIN HILLS
CHAMBER OF COMMERCE TOURISM COUNCIL IN THE AMOUNT OF$125,000.
AGENDA ITEM #8 — CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR "LOST
ARROW TWIN VIEWS COMDOMINIUM, A CONDOMINIUM," A TWO-UNIT CONDOMINIUM
LOCATED AT 16518 E.LOST ARROW DRIVE,AKA LOT 3,BLOCK 4,PLAT 206. CASE#S2005-
11.
Vice Mayor Schlum MOVED to approve the Consent Agenda as read and Councilmember Archambault
SECONDED the motion.
A roll call was taken with the following results:
Councilmember McMahan Aye
Councilmember Kavanagh Aye
Councilmember Archambault Aye
Councilmember Kehe Aye
Vice Mayor Schlum Aye
Mayor Nichols Aye
The motion CARRIED UNANIMOUSLY(6-0).
ACTION AGENDA
AGENDA ITEM #9 — CONSIDERATION OF ACCEPTING THE PUBLIC ART COMMITTEE'S
RECOMMENDATION FOR PUBLIC ART AND APPROVING THE PURCHASE OF A
FOUNTAIN FOR TOWN HALL.
Town Manager Tim Pickering addressed the Council and said that there were two pieces of public art being
considered this evening by the Council, the first being a fountain that the Council directed staff to pursue.
He noted that it would be located at the entrance to the new Town Hall outside of the Council Chambers. He
referred to pictures of the fountain and said that a local artist, Alan Hochman, would be commissioned for
the project at a cost of approximately $20,800. He added that the second piece was a recommendation from
the members of the Arts Council who approached staff regarding this matter. He noted that staff had
budgeted for two additional pieces of art besides the fountain to be erected in and around Town Hall. He
said that following discussions, it was decided that one of the pieces should be appropriately located right in
the dome, a natural location for this type of statue. He reported that cost of the statue was approximately
$25,000.
Mr. Pickering advised that these were the two recommendations before the Council at this time and noted
Lir that an additional recommendation would be brought before the Council later for a fountain at the corner of
La Montana and the Avenue of the Fountains.
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Councilmember McMahan MOVED to approve the purchase of the fountain and statue as outlined by staff
and Councilmember Archambault SECONDED the motion.
Mr. Pickering thanked a sub-Committee of the Council that worked on this issue, namely Councilmembers
Kehe, McMahan, and Archambault. He noted that there were numerous options to consider and the members
of the sub-Committee's assistance was greatly appreciated.
Town Clerk Bev Bender advised that two citizens wished to speak on this item and the Mayor asked them to
come forward as their names were called.
Jerry Kirkendoll, 11405 Cameron Court, said that he just wanted to make sure that the monies for these
public art pieces came out of the Civic Center budget rather than the monies that would be used for the
downtown area. He commented that the citizens had waited for years and years to get lights and a restroom
in the downtown area and noted that they were finally starting to do the work. He added that he would like
to see if there was any way that the Town could put more money towards those projects so that they could be
completed in two phases rather than three. He questioned whether they could take funds from the .1 targeted
for the Civic Center and use it for the downtown area. He stated that although the art was beautiful, he
thought the downtown should receive preference now and the artwork could be purchased and installed later.
Paul Kolwaite, 16108 E. Trevino Drive, Chairman of the Public Arts Committee, addressed the Council and
described the beauty of the chosen art piece and said that his Committee supported the purchase 100%.
Councilmember Archambault noted that when they were looking at the statue, they discussed whether it
should be raised with a seat around it so that the expensive paint on the structure would not get damaged. He
added that this would also create a gathering atmosphere.
In response to a question from the Mayor, Mr. Pickering commented that there was no need for the Council
to make a motion regarding Councilmember Archambault's comments since staff would take them into
consideration and determine whether it would physically work. He added that staff understood that that was
the desire of the Council and he believed it to be a good idea.
The motion CARRIED UNANIMOUSLY(6-0).
AGENDA ITEM #10 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO
IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE
IMPROVEMENTS FOR FUTURE MEETINGS.
There was no discussion relative to this agenda item.
AGENDA ITEM #11 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH
ITEMS ON A FUTURE AGENDA FOR ACTION OR (ii) OR DIRECTING STAFF TO CONDUCT
FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: NONE.
There was no discussion relative to this agenda item.
AGENDA ITEM#12—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER.
Mr. Pickering stated that he would look into the placement of Sister City signs at the entrance to the Town as
well as the placement of Sister City flags.
Councilmember Kavanagh asked when the traffic issue was going to be discussed and Mr. Pickering advised
that the item would be placed on the next agenda.
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AGENDA ITEM#13—ADJOURNMENT
Vice Mayor Schlum MOVED that the Council adjourn and Councilmember McMahan SECONDED the
motion, which CARRIED UNANIMOUSLY(6-0). The meeting adjourned at 7:20 p.m.
TOWN OF FOUNT HILLS
l
By
Wall i ols, ayor
ATTEST AND
PREPARED BY:
Il Q
B el yn J. Be
der,
Town Clerk k CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and
Executive Session held by the Town Council of Fountain Hills on the 18th day of August 2005. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 1st day of September 2005.
• t Q, 19,L -
bi:5-; Be e'yn J. Bender,Town Clerk
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