HomeMy WebLinkAbout2006.0406.TCREM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
April 6, 2006
Mayor Nichols called the meeting to order at 5:04 p.m.
AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38-
431.03.A1. FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT,
PROMOTION, 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 INTERVIEWING OF THE COMMUNITY CENTER
ADVISORY COMMISSION, PUBLIC SAFETY ADVISORY COMMISSION, MCDOWELL
MOUNTAIN PRESERVATION COMMISSION APPLICANTS).
Vice Mayor Schlum MOVED to convene the Executive Session and Councilmember Archambault
SECONDED the motion, which CARRIED UNANIMOUSLY. Mayor Nichols recessed the Executive
Session at 6:20 p.m.
AGENDA ITEM #2 — RETURN TO REGULAR SESSION
Mayor Nichols reconvened the Regular Session at 6:30 p.m.
INVOCATION — Pastor David Iverson, Fountain Hills Christian Center
ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council:
Councilmember Archambault, Mayor Nichols, Vice Mayor Schlum, Councilmember Kavanagh, and
Councilmember Kehe. Councilmember McMahan was excused from the meeting. Town Attorney Andrew
McGuire, Town Manager Tim Pickering, and Acting Town Clerk Jane Robinson were also present.
MAYOR'S REPORT
(i) The Mayor will recognize the St. Patrick's Day Celebration Sponsors.
Mayor Nichols stated that on behalf of himself, the members of the Town Council and staff, and the residents
of Fountain Hills, he wished to recognize the contribution of the sponsors of the newly expanded St.
Patrick's Day Celebration at Fountain Park. The Mayor expressed appreciation to Loving Family Dental for
dying the Fountain green each year since 2003 and twice this year. He noted that the green Fountain on St.
Patrick's Day has been a tradition since the early 80's. He presented a token of appreciation to the owners of
Loving Family Dental. The Mayor also thanked MCO Properties, Century 21 Kern Realty, the Fountain
Hills Chamber of Commerce, Phil's Filling Station, Four Peaks Boys and Girls Club and Legacy Asset
Management for their contributions to the event.
Mayor Nichols announced that several thousand people attended this year's celebration and said that their
appreciation goes out to each of the sponsors for their contribution to this unique event. He added that next
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year the celebration will take place on a Saturday and said that in order to be business friendly, the Town will
suspend the rules on sidewalk sales so that the businesses can conduct sidewalk sales.
The Mayor also read a Proclamation that stated that Governor Janet Napolitano honored the Town of
Fountain Hills this day with an official visit and said it is his honor to declare this April 6, 2006 Governor
Janet Napolitano Day in the Town of Fountain Hills. He said that the Governor visiting the Town for two
hours today, had lunch and toured the Town and stated that this was the first time that the Governor paid a
special visit to the Town.
CALL TO THE PUBLIC
Mr. Don Engler, 14961 N. Pinnacle Court, addressed the Council and requested that they change the speed
limit on Palisades between Golden Eagle and Palomino for 35 miles per hour (mph) for safety reasons. He
noted that the speed limit changes in the area from 35 to 45 mph at different areas and speeding is excessive.
Mayor Nichols thanked Mr. Engler for his input and requested that the Town Manager pursue this matter.
CONSENT AGENDA
AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL
MEETING MINUTES FROM MARCH 16 AND MARCH 21, 2006.
AGENDA ITEM #2 — CONSIDERATION OF RESOLUTION 2006-16, ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC
UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE
OF PLAT 401B, BLOCK 5, LOT 30 (17036 E. NICKLAUS DRIVE) AS RECORDED IN BOOK 155
OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA. EA06-02
(PIZZICAROLI).
AGENDA ITEM #3 — CONSIDERATION OF RESOLUTION 2006-17, ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC
UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY AND EASTERLY
PRPERTY LINE OF PLAT 432, BLOCK2. LOT 8 (15229 N. IVORY DRIVE) AS RECORDED IN
BOOK 155 OF MAPS, PAGE 23, RECORDS OF MARICOPA COUNTY, ARIZONA. EA6-03.
AGENDA ITEM #4 — CONSIDERATION OF RESOLUTION 2006-23, ABANDONING
WHATEVER RIGHT TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC
UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY AND EASTERLY
PROPERTY LINES OF PLAT 505C, BLOCK 3, LOT 49 (16439 N. COBBLESTONE LANE) AS
RECORDED IN BOOK 155 OF MAPS, PAGE 158 RECORDS OF MARICOPA COUNTY,
ARIZONA. EA06-04 (WILLIGROD).
AGENDA ITEM #5 — CONSIDERATION OF RESOLUTION 2006-14, APPROVING AN
AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT DATED JULY 1, 2002, AS
AMENDED JULY 1, 2003 AND JULY 1, 2004, BETWEEN THE TOWN OF FOUNTAIN HILLS
AND REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA) FOR BUS SERVICE ON
ROUTE 512 IN THE AMOUNTOF $2,706 FOR FISCAL YEA 2005-06.
AGENDA ITEM #6 — CONSIDERATION OF RESOLUTION 2006-05, REGARDING A MUTUAL
AID AGREEMENT WITH FORT MCDOWELL YAVAPAI INDIAN NATION REGARDING FIRE
AND EMERGENCY SERVICES.
AGENDA ITEM #7 — CONSIDERATION OF APPROVING THE PURCHASE OF SECURITY
CAMERAS THROUGH BLACK BOX NETWORK SERVICES AT A COST OF $24,291.68.
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Councilmember Schlum MOVED to approve the Consent Agenda (Items 1 — 7) and Councilmember
Archambault SECONDED the motion.
A roll call vote was taken with the following results:
Mayor Nichols Aye
Councilmember Kavanagh Aye
Vice Mayor Schlum Aye
Councilmember Kehe Aye
Councilmember McMahan Absent
Councilmember Archambault Aye
The motion CARRIED UNANIMOUSLY (5-0).
ACTION AGENDA
AGENDA ITEM #8 — CONSIDERATION OF APPOINTING A CITIZEN TO FILL THE VACANCY
ON THE COMMUNITY CENTER ADVISORY COMMISSION.
Mayor Nichols MOVED that Alice Brovan be appointed to fill the vacancy on the Community Center
Advisory Commission and Councilmember Kavanagh SECONDED the motion, which CARRIED
UNANIMOUSLY (5-0).
AGENDA ITEM #9 — CONSIDERATION OF APPOINTING A CITIZEN TO FILL THE VACANCY
ON THE PUBLIC SAFETY ADVISORY COMMISSION.
Mayor Nichols MOVED that Anthony Finoccho be appointed the fill the vacancy on the Public Safety
Advisory Commission and Councilmember Archambault SECONDED the motion, which CARRIED
UNANIMOUSLY (5-0).
AGENDA ITEM #10 — CONSIDERATION OF APPOINTING A CITIZEN TO FILL THE
VACANCY ON THE SENIOR SERVICES ADVISORY COMMISSION.
Mayor Nichols MOVED to appoint Larry Malek to fill the vacancy on the Senior Services Advisory
Commission and Councilmember Kehe SECONDED the motion, which CARRIED UNANIMOUSLY (5-
0).
AGENDA ITEM 11 — CONSIDERATION IF APPOINTING CITIZENS TO FILL THE
VACANCIES ON THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION.
Mayor Nichols MOVED to appoint Aleyne Laresen-Craig and Wendell Oliphant to fill the vacancies on the
McDowell Mountain Preservation Commission and Councilmember Schlum SECONDED the motion,
which CARRIED UNANIMOUSLY (5-0).
AGENDA ITEM #12 — CONSIDERATION OF APPROVING A CONTRACT WITH ARDAVIN
BUILDERS, INC. IN THE AMOUNT OF $1,589,866.35 FOR CONSTRUCTION OF AVENUE OF
THE FOUNTAINS ENHACEMENT PROTECT — PHASE I (INCLUSIVE OF THE NORTH SIDE
OF THE AVENUE AND IN FRONT OF THE TOWN HALL PROPERTY).
Vice Mayor Schlum MOVED to approve the Contract with Ardavin Builders, Inc. and Councilmember
Kehe SECONDED the motion.
Planner Kate Zanon provided the Council with a brief overview of staff's report relative to this agenda item
and referred to renderings of the proposed site. She said that this has been a "five-year journey" for the
Town (2001-2006) and discussed efforts to date and timelines put into place to make this project a reality.
She noted that staff received bids for the Avenue of the Fountains Enhancement Project and stated that staff
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recommends approval of a contract with Ardavin Builders, Inc. for the Avenue of the Fountains
Enhancement Project — Phase I. She commented on the company's extensive background and expertise and
discussed the Town's vision and Phase I. She noted that if the Council approves the contract, construction
for the project would begin in April 2006. Ms. Zanon informed the Council that as a result of increased
Valley -wide construction costs (50% increase in the last three years), the total cost of Phase I s now
$1,589,866.35, up from the original $1,100,000 construction cost estimate.
Ms. Robinson advised that two speakers wished to address the Council regarding this item.
Frank Ferrara, representing the Fountain Hills Chamber of Commerce, spoke in strong support of moving
forward on this project that will benefit the entire community.
Linda Femiano, also representing the Chamber of Commerce, concurred with the previous speaker's
comments and stated the opinion that it will attract people to the south side of Avenue of the Fountains. She
urged the Council to support proceeding with this project without delay.
Mayor Nichols thanked the speakers for their comments.
In response to a question from Councilmember Archambault, Ms. Zanon confirmed that the two shade
armadas are included in the project.
Vice Mayor Schlum commented on the increased cost and asked whether staff had looked at areas in the
project where expenses could be reduced without changing the overall goal. Ms. Zanon responded that staff
thoroughly reviewed the bids and said that reality is when a contract is bid, staff bids for a scope of work and
that is what the bidders' responses are based on. She added that staff does not have the ability to negotiate
removing certain items to lower the cost and pointed out that by doing that, they would only increase the cost
of those items later. She reported that they pay one fee for something like mobilization, whether they do the
entire project or just a piece of it, and that fee does not change. She added that they bid the project as one
package and they want the project to go forward as is. She said that costs would only escalate if they delay.
Councilmember Kehe advised that he will support this project and stated that the business community had
been very patient. He added that the project would produce revenue for the Town in the long run. He said
that the Council also has a fiscal responsibility to the community and in that regard he would like to raise
some questions. He asked how much money was in the dedicated fund for this project.
Town Manager Tim Pickering responded that the dedicated fund was the Downtown Fund that was
established and noted that there was approximately $1.1 million in the fund. He said that they anticipate
taking approximately $800,000 from that fund and the rest will come from the Capital Fund ($300,000) and
the remaining amount will come from the General Fund.
Councilmember Kehe asked how staff determined the responsible bidder and added that staff reviewed the
bids and decided that Ardavin's bid was not too much out of line in view of increased costs. Mr. Pickering
advised that staff determines whether or not to do a unit bid depending on each project. Mr. Pickering also
discussed the difference in cost between the original estimate and the low bid and stated that this project is
probably more labor intensive than others because they will have to tear up an existing condition. He
commented on the existing infrastructure that the contractor will have to deal with and said that the risk
involved in this project is relatively high for a contractor and they compensate themselves for this risk. Mr.
Pickering added that the economy is good in Arizona right now and labor costs have increased. He said that
the project is a relatively small one for the construction industry and in order for the contractor to get the
labor he needs and schedule it properly; they have to adequately compensate the labor force.
In response to questions from Councilmember Kehe relative to "protection" for the Town, Town attorney
Andrew McGuire advised that once the contract has been entered into for a certain price, if the contractor
"walks away" from the project, the Town would call in the bonds for the project or, if necessary, would file a
lawsuit. He stated the opinion that in this particular situation that does not appear to be a concern.
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Councilmember Kehe stressed that it was important for citizens to be made aware of the reasons behind the
higher costs and thanked staff for their input. Mr. Pickering commented that the project has a "true
deadline" because of the upcoming fairs and added that the only time they can really do construction is
between February and November on Avenue of the Fountains. He noted that re -bidding the project would
result in delays and they would not be able to complete the work during the necessary timeframe.
Ms. Zanon reported that construction would take 120 days (start date in early May and a completion date in
late August).
Mayor Nichols spoke in support of the project and said that a primary goal of the Council is to be business
friendly.
Councilmember Kavanagh commented that this project is coming from the 1/10`h of a percent that they set
aside for downtown business and its major proponents have been the business community because the
project will help that segment of community. He added, however, that he would not like the citizens to think
that this is just a business project because the Town, particularly the downtown, is beginning to show some
wear and tear and this project will do much to boost community pride and improve the aesthetics of the
Town. He indicated support for the project.
Mayor Nichols called for the vote.
The motion CARRIED UNANIMOUSLY (5-0).
AGENDA ITEM #13 — QUARTERLY UPDATE BY THE TOWN MANAGER ON THE PROGRESS
OF IMPLEMENTING THE COUNCIL'S GOALS.
Mr. Picking informed the Council that staff has made great progress on the sis goals that were set last year:
the State Trust Land, Public Information/Grant Writing, Completing the Strategic Plan, Exploring Additional
Parks/Amenities, Improving the Town's Intergovernmental Relations Program and Improving Business
Relations/Retention.
Mr. Pickering discussed the significant progress that was made as far as the State Trust Land and said they
are beginning the annexation process for the Land during this quarter and noted that the State Land
Commissioner signed the Town's Pre -Annexation Agreement and last week the Governor, Attorney General
and Treasurer, who have to approve annexations for State Trust Land, did approve Fountain Hills
annexation. He noted that this issue will go before the Planning Commission later this month and will be in
front of the Council for final action in May.
Mr. Pickering reported that the Public Information/Grant Writing has also been moving forward, evidenced
by the number of press releases that are going out. He added that they have applied for a couple of grants
already even though the actual goal was simply to develop a grant -writing program.
The Town's Strategic Plan has been completed and they are moving into the implementation stage. The
Strategic Planning Advisory Commission had been formed and some meetings have been held. Work
assignments are occurring and sub -committees are being set up.
Mr. Pickering noted that staff has also explored additional park amenities, specifically with the School
District particularly smaller pieces that are perhaps underutilized by the District to do a joint partnership.
They have analyzed all the inventory of possible sites for parks and are moving forward with the School
District in this area.
Mr. Pickering added that the Intergovernmental Relations Program is also moving forward and noted that
staff has set up a formal meeting with Scottsdale and continues to have a good relationship with Fort
McDowell.
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Mr. Pickering further stated that the Town's business relations/retention has steadily moved forward and
reported that they have a partnership with the Chamber of Commerce to put on seminars for businesses
coming to Town. They are working on six different programs and have been out in the business community,
meeting with the different businesses to help them either relocate or remain in Town.
Mr. Pickering advised that all of the goals are moving forward and referred to the actual percentages
reflected in the report distributed to the Council.
The Council did not have any questions for Mr. Pickering regarding his update.
AGENDA ITEM #14 — CONSIDERATION OF APPOINTING GINNY DICKEY TO FILL THE
VACANCY ON THE TOWN COUNCIL FOR THE REMAINING PORTION OF SAID TERM,
WHICH ENDS MAY 31, 2006.
Vice Mayor Schlum MOVED to approve the appointment of Ginny Dickey to fill the vacancy on the Town
Council for the remaining portion of the term and Councilmember Archambault SECONDED the motion.
There were no citizens wishing to speak on this item.
Mayor Nichols commented that with the unfortunate passing of Councilmember Kathleen Nicola, the
Council decided at that time not to fill the vacancy because they did not want to give a person who might be
running for office the advantage of being an incumbent. He said that they have had the election and the
public spoke loudly at the Primary and all three candidates were elected. He stated that there is really no
reason not to fill this position at this point in time and said he believes they should appoint Ms. Dickey to fill
the unexpired term of the remaining Council position, which expires on May 31, 2006. He added the opinion
that it is the right thing to do and will allow a full Council to vote on the items that come before them.
The motion CARRIED UNANIMOUSLY (5-0).
Mayor Nichols requested that Ms. Dickey stand up and be recognized and said that the entire Council looks
forward to serving with her. He noted that the swearing in ceremony would take place at the next Regular
Council meeting.
AGENDA ITEM #15 - 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.
AGENDA ITEM #16 — SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER.
Mr. Pickering stated that staff would look into the request by Mr. Engler regarding changing the speed limit
on Palisades between Golden Eagle and Palomino.
Mayor Nichols said that he wanted to publicly thank Mr. Pickering and Town staff for the outstanding job
they did preparing for the Governor's visit.
AGENDA ITEM #17 — ADJOURNMENT
Councilmember Archambault MOVED that the Council adjourn and Vice Mayor Schlum SECONDED the
motion, which CARRIED UNANIMOUSLY (5-0). The meeting adjourned at 7:15 p.m. 1J
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TOWN OF/rM5NVXIN HILLS
ally,
� ATTEST.�
..BY-
"rici4r,"Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session
and Executive Session held by the Town Council of Fountain Hills on the 6th day of April 2006. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 20`h day of April, 2006.
� 4 i�ramM V��,
Bevelyn J. : to
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