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HomeMy WebLinkAbout2012.0112.TCREM.Minutesz:\council packets\2012\r2-2-12\120119m.docx Page 1 of 11 TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 19, 2012 EXECUTIVE SESSION AGENDA CALL TO ORDER Mayor Schlum called the Executive Session to order at 5:00 p.m. AGENDA ITEM #1 – ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) PURSUANT TO A.R.S. §38-431.03(A)1, DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT, WITH THE EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT THE DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING (SPECIFICALLY, FOR THE PURPOSE OF DISCUSSING TOWN MANAGER APPLICANTS' QUALIFICATIONS); (ii) PURSUANT TO A.R.S. §38-431.03(A)4, DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION (SPECIFICALLY, (i) A PROPOSED DOWNTOWN DEVELOPMENT AGREEMENT, (ii) PENDING LITIGATION MATTERS, AND (iii) A POTENTIAL TOWN MANAGER CONTRACT). ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember Brown, Councilmember Leger, Councilmember Hansen, Vice Mayor Dickey, Councilmember Contino and Councilmember Elkie. Director of Development Services Paul Mood, Senior Planner Bob Rodgers, Economic Development Administrator Lori Gary, Human Resources Administrator Joan McIntosh, *Consultant Jim Mercer; *Town Attorney Andrew McGuire, Town Attorney Dave Pennartz, Outside Legal Counsel Jeff Murray, and Town Clerk Bev Bender. *Consultant Jim Mercer and *Town Attorney Andrew McGuire participated in the meeting through the use of telephonic equipment. Various attendees (outside attorney, consultant and staff) joined the meeting and remained only for the period of time it took to discuss the items that pertained to them (they were then excused from the meeting). Councilmember Elkie MOVED to enter into the Executive Session and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #2 – ADJOURN TO THE REGULAR SESSION Councilmember Elkie MOVED to adjourn the meeting and Councilmember Contino SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 6:25 p.m. REGULAR SESSION AGENDA * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:37 p.m. * INVOCATION – Brad How, Church of Jesus Christ of Latter Day Saints * ROLL CALL z:\council packets\2012\r2-2-12\120119m.docx Page 2 of 11 Present for roll call were the following members of the City Council: Mayor Schlum, Vice Mayor Dickey, Councilmember Brown, Councilmember Leger, Councilmember Contino, Councilmember Elkie, and Councilmember Hansen. Director of Community Services/Acting Town Manager Mark Mayer, Town Attorney Dave Pennartz and Town Clerk Bev Bender were also present. * MAYOR’S REPORT i) The Mayor will read a Proclamation declaring January 2012 as National Mentoring Month. Mayor Schlum read a Proclamation declaring January 2012 as National Mentoring Month. He stated that mentors steer our youth through challenging times and support their journey into adulthood. He added that during National Mentoring Month, we honor these important individuals who unlock the potential and nurture the talent of our country. He stated that the dedication of mentors has helped countless young men and women succe ed when they might otherwise have fallen short of their full potential. He said that coaches, community leaders, tutors and trusted friends are working to mentor today's youth to develop tomorrow's leaders and the contributions of these engaged adults extend beyond the lives they touch and have a lasting impact that strengthens our country and our future. He reported that 100 adults are involved in the Mentoring Program in Fountain Hills and 140 children in Town are being mentored. Mayor Schlum stated that it is his honor to proclaim January 2012 as National Mentoring Month in Fountain Hills and, on behalf of the Council, thanked all of the mentors who have contributed to the lives of young people in the Town. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) PRESENTATION BY SENATOR MICHELE REAGAN, RELATING TO ECONOMIC DEVELOPMENT AND BILL SHE IS SPONSORING. Senator Michele Reagan addressed the Council and advised that she is the Chair of the Economic Development Committee in the Senate. She stated that this year she is working on four very large economic development bills and each one of them would have a direct positive impact, not only on Fountain Hills but on all cities and towns and in particular the small businesses in those cities and towns. She advised that she brought her business cards with her today (with her personal e-mail address and telephone number) and will pass them out. She encouraged anyone who has any questions or would like to get more in-depth information on the topics she will outline this evening to contact her directly. She stated that the first bill is a sequel to a bill that was passed last year b y the Senate and the House, Invest Arizona. She said that her mistake was not talking to the Governor about the bill and it ultimately was vetoed. She explained that the bill, which received incredible support, gave companies the ability to hire. She discussed a model that was in existence in Arizona up until last year called Enterprise Zone and explained that the proposed legislation would make the entire State an Enterprise Zone. She emphasized that businesses large and small, new and existing, would qualify for associated incentives. She asked everyone to watch for the bill and support it and noted that the Town's Chamber of Commerce was very excited about the bill last year and was very disappointed when it was vetoed. Senator Reagan also briefly highlighted other pieces of legislation she is proposing that deals with Venture Capital and said if passed, this will be a tremendous tool to attract venture capital; the Net Operating Loss Carry Forward, which would allow businesses to carry forward their losses (right now that is for a period of five years and the bill would extend it out 20 years); and a bill that she is extremely passionate about, the largest bill she has ever worked on, that has to do with homeowners who are underwater on their residences and although they are doing the right things (good credit, timely payments) cannot refinance their loans and take advantage of a lower interest rate. She said that to even qualify for consideration, homeowners have to be behind on their payments and she does not believe that makes any sense. She reported that 30% of Arizona homeowners are underwater and continuing to make their payments every month. She advised that the bill is an alternate refinancing mechanism that connects private investors with A rizona homeowners who are underwater and helps them refinance with private money (no cost to the State, no government money or handouts). She estimated that if they are able to get this implemented it will become a national model. She said that there is stiff resistance from the banks and many lobbyists are being hired to defeat the bill, which has not yet even been introduced. She noted that this is also an issue with the Federal government and she has come to the conclusion that the Federal government is not going to solve this problem. She stated that if they are going to solve the problem they need to find a solution on the State level. z:\council packets\2012\r2-2-12\120119m.docx Page 3 of 11 Senator Reagan said that she loves her job but she loves her State more and that is why she is continuing to work o n the bills that she believes will benefit Arizona, its residents and its homeowners (despite strong opposition). She again encouraged everyone, citizens as well as the Council, to reach out to her for more information on the legislation and thanked the Mayor and Council for the opportunity to address them this evening. Mayor Schlum thanked Senator Reagan for the update and for all she does for the State of Arizona and the Town of Fountain Hills/City of Scottsdale. He said that the Senator has always been accessible, which is greatly appreciated, and added that the Town will continue to invite local, State and regional elected officials to address them. CALL TO THE PUBLIC None. CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM DECEMBER 13, 2011 AND JANUARY 5, 2012. AGENDA ITEM #2 – CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY JENNY W. WILLIGROD REPRESENTING THE FOUNTAIN HILLS CULTURAL AND CIVIC ASSOCIATION, FOR THE PURPOSE OF A FUNDRAISER TO BE HELD AT 13001 N. LA MONTANA, ON SUNDAY, FEBRUARY 12, 2012, FROM 4 PM TO 7 P.M. Vice Mayor Dickey MOVED to approve the Consent Agenda as listed and Councilmember Contino SECONDED the motion. A roll call vote was taken as follows: Mayor Schlum Aye Vice Mayor Dickey Aye Councilmember Leger Aye Councilmember Hansen Aye Councilmember Contino Aye Councilmember Brown Aye Councilmember Elkie Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM #3 - CONSIDERATION OF AN EXTENSION OF THE ENCROACHMENT PERMIT SUBMITTED BY CAROLYN REDENDO (SOFRITA, LLC) FOR THE PURPOSE OF CONTINUING AN OUTDOOR SEATING AND DINING AREA LOCATED IN FRONT OF THE RESTAURANT AS WELL AS A PERFORMANCE AREA FOR FLAMENCO DANCERS AND OTHER ENTERTAINMENT ON THE PUBLIC SIDEWALK AT 16848 E. AVENUE OF THE FOUNTAINS. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and explained that the Council is being asked to approve an extension of the Encroachment Permit for the purpose of continuing an outdoor seating and dining area located in front of Sofrita's restaurant as well as a performance area for flamenco dancers and other entertainment on the public sidewalk at 16848 E. Avenue of the Fountains. He explained that the current permit expires on January 31, 2012, and the applicant desires to continue using this portion of the public sidewalk (Copy of the presentation available in the office of the Town Clerk). He explained that the dining area is enclosed b y a three-foot tall wrought iron fence and noted that previous issues related to ADA (Americans with Disabilities Act) requirements have been resolved. He added that issues related to bathroom access and the Building Code have also been addressed and proo f of indemnification insurance has been provided. He said that the restaurant will ensure that after hours cleanup is done promptly. z:\council packets\2012\r2-2-12\120119m.docx Page 4 of 11 Mr. Rodgers advised that some complaints have been received by staff over the last three months and they are outlined in the Staff Report. He stated that the applicant is present to respond to any questions. He added that staff believes that activities such as these help generate activity and interest in the downtown area when properly conducted and said that activities at this location are being conducted in that manner. He stated that staff recommends approval of the request subject to the applicant satisfactorily addressing the complaints outlined in the Staff Report, subject to an annual review and re-approval of the Encroachment Permit. Mayor Schlum thanked Mr. Rodgers for his presentation. In response to a question from the Mayor, Mr. Rodgers advised that just the Encroachment Permit requires Council action at this time (staff is recommending an annual review but the Council could make it permanent if they so desire). Town Clerk Bev Bender advised that there were no citizens wishing to speak on this agenda item. Councilmember Brown asked if Special Use Permits stayed with property and not with the owner and Mr. Rodgers said yes but this is actually an Encroachment Permit, which allows a private entity to use public property (it relates specifically to this location). He confirmed that if the current owner moved out, a new owner would have to appear before the Council and apply for an Encroachment Permit. Councilmember Contino stated that he has talked to people when they are sitting inside the restaurant and a complaint he has heard is that a lot of the double baby carriages can't get through. He added that there are people with dogs down there and some people don't want to walk by them so they walk out on the street. He asked if staff has really looked into the Federal ADA regulations and Mr. Rodgers replied that both the Engineering Department and the Buildin g Safety Division assured him that ADA compliance is in place, both on a State and Federal level. Councilmember Contino said that he loves outdoor seating and it has a lot of advantages but he would be interested in seeing if they could move the street light in about 18 inches so they could have a full sidewalk. Mr. Rodgers stated that that would be a Council decision. Mayor Schlum asked what items need to be addressed by the applicant other than reporting on an annual basis. Mr. Rodgers advised that the complaints staff received had to do with a dog being tied to the outside of the fence blocking the outside access; during some of the events the sidewalk was completely blocked by spectators; and someone complained that the restaurant was plugging into electrical outlets located in the right-of-way rather than providing their own electric connection (this was addressed previously). Councilmember Elkie asked if the current owners were to move out whether the fence would have to come down immediately. Town Attorney Pennartz responded that upon the permit being terminated, the fence would have to come down right away because it is encroaching on the Town's right-of-way. Councilmember Elkie asked if the permit would terminate if the owners moved and outside Counsel Dave Pennartz said that his understanding is that it would because it is being issued to a particular business. He added that he has not seen the permit but that is his understanding. He said that according to the Staff Report he believes they have both an Encroachment Permit and an Extension of Premises Permit that were only issued for three months so according to the Staff Report a motion would need to be taken on each item. Mayor Schlum asked Mr. Pennartz to review the agenda item again and confirm that. Mr. Pennartz advised that the agenda just mentions the Encroachment Permit and the Staff Report indicates that it was only granted for a period of three months. Vice Mayor Dickey asked if they needed one motion or two. Mr. Pennartz stated that they could do it with one motion. z:\council packets\2012\r2-2-12\120119m.docx Page 5 of 11 Vice Mayor Dickey MOVED to approve the Permanent Encroachment Permit for the Sofrita restaurant located at 16848 E. Avenue of the Fountains as presented, subject to the applicant addressing the requirements and conditions outlined in the Building Safety Division and Engineering Division review reports to the Town's satisfaction as well as satisfying the Department of Justice ADA access requirements and MOVED to approve the Extension of Premises License for the Sofrita restaurant located at 16848 E. Avenue of the Fountains, as presented, subject to the applicant addressing the requirements and conditions outlined in the Building Safety Division and Engineering Division review reports to the Town's satisfaction as well as satisfying the Department of Justice ADA access requirements and Councilmember Brown SECONDED the motion. Councilmember Hansen asked if the motion was for the Permanent Encroachment Permit and was told it was. She said that Mr. Rodgers said in his recommendation that approval would be based on the applicant dealing with the complaints that have been received. She added that it seems they may be a little premature moving ahead at this time without knowing that those issues are going to be remedied. Mr. Rodgers advised that the applicants are present if Councilmember Hansen would like to ask them about that. Councilmember Hansen said that some of the complaints are going to be difficult to deal with and she thinks they need to know how they will be dealt with. Vice Mayor Dickey asked if addressing the complaints is part of the stipulations and Mr. Rodgers said yes, the applicant has to address them to the Council's satisfaction. Councilmember Hansen advised that the language states, "Subject to the applicant satisfactorily addressing the above- noted complaints to the Council's satisfaction." Mayor Schlum stated that this would come back before the Council if that condition is not met (if Council receives complaints or staff suggests that they reconsider this because it is not working out). Councilmember Hansen said that perhaps they could extend this since it expires at the end of January -- extend it until the end of February to allow the applicant to come back and tell the Council how they are going to address the complaints. Councilmember Leger noted that the applicant is present and stated that he would like to hear from her as far as what the plan is to address the complaints. Carolyn Redendo, the applicant in this case, addressed the Council and confirmed that she is familiar with the complaints listed in the Staff Report. She said as far as the people standing in the parking area -- the crowd -- that occurred during a ribbon cutting ceremony so that was a one-time incident (grand opening event with many in attendance). She added that she doesn't recall the incident related to the pet and said that typically they would require that the dog not be tied up to the fence. She said that they have talked to the staff about this and staff has been instructed on how to deal with pet issues. She stated that the third complaint relative to access around the dancers being occasionally blocked by spectators and said that she believes that was related to the ribbon cutting ceremony as well. She advised they do sometimes have people sitting on the benches underneath the ramada b ut she is usually able to walk through there. She said that spectators typically sit on benches or bring their own chairs and sit in the courtyard. Councilmember Hansen said that another complaint states that the "clear path" between the fence and the curb, while meeting ADA requirements, is narrow and has caused inconveniences to more than one passerby. She stated that this one is a tough one to address -- it could only happen by moving the fence -- so she doesn't know how this could be remedied. Mayor Schlum commented that the "clear path" is the restaurant's efforts to ensure that things like the pets are not occurring or people at the restaurant are not outside of the fence for a period of time. Ms. Redendo advised that for the most part the passageway is not blocked other than during the Fair when there are larger numbers of people and tents in front. She said that unless there is a group of six or eight leaving the restaurant z:\council packets\2012\r2-2-12\120119m.docx Page 6 of 11 at a time that is not a problem and for the most part two people can walk through. She noted that they did put the bumpers in place that prevent the cars from parking too far in and she believes this has helped. She further stated that as far as the strollers, there doesn't seem to be a problem unless someone is using a wide stroller (the double ones). Councilmember Hansen brought up the complaint regarding the restaurant accessing electrical outlets located in the right-of-way rather than providing their own electric connection; Ms. Redendo stated that she addressed that with the group that was performing. She added that she did not realize that they were doing that and it has been addressed. Councilmember Hansen said that staff has recommended that an annual review occur rather than issue a permanent Encroachment Permit and Mr. Rodgers confirmed the recommendation. Councilmember Elkie stated that there will always be complaints and it sounds to him as though Ms. Redendo will have to address them on an as needed basis. He asked how many complaints have been received over the last six months. Mr. Rodgers responded that four or five have been received and they are listed in the Staff Report. Councilmember Elkie stated the opinion that the number is fairly negligible and he is confident that if there are complaints staff will address them with the owner who will remedy them so that the permit remains in place. He added that he doesn't think they need to micro-manage this. Mayor Schlum commented that should something become an issue he believes the Town is covered the way this is proceeding. He said that it appears that the issues arose when the restaurant has been very busy and it is the responsibility of the applicant to make sure that there will be access on the sidewalk. He further stated that the business is in alignment with the downtown vision and he believes that the applicant is a responsible business owner. Vice Mayor Dickey pointed out that language relative to an annual review was not stated in the motion and asked if the motion needs to explicitly state that. Mr. Pennartz advised that if the Council wants an absolute opportunity to review it every year and determine whether it still makes sense to continue it, it can be structured that way (the motion). He added that the way the motion is now structured the Council and staff have the ability to enforce it under the agenda item upon which it was granted but that doesn't mean that everything is spelled out in terms of someday you may want a review. He clarified that if the Council felt at a later date that the terms were not being met, it could certainly be brought back before the Council for enforcement and action. Councilmember Contino asked if they were looking at extending this for two months or doing it permanently. Mayor Schlum replied that they are looking at a permanent one with stipulations so the matter could be brought back before the Council if the stipulations are not being met. Councilmember Contino commented that he is in that area frequently during the day and reiterated that he loves what is happening and loves the outdoors but still has concerns regarding the traffic going back and forth along that sidewalk. He added that when citizens walk out into the street and endanger themselves he can't go along with it. He said he doesn't believe they have seen this thing all the way through and they need to be out there seeing it like he has. He stated that when citizens see him and stop him and ask why this is occurring he would have to direct them to Mr. Rodgers and it is a situation that he is not comfortable with. He said that he doesn't think they need to rush this and say it is going to be permanent and if they are talking about issuing a permanent one, he cannot go along with it. Mayor Schlum referred to Item #3 which requires the applicant to ensure that ther e is a "clear path" between the fence and the curb. Councilmember Contino stated that he has been there when you can't get through. The Mayor asked if Councilmember Contino was looking to have a wider sidewalk and Councilmember Contino said he would like to have staff look into moving the light as he mentioned previously so that they could have a wider path. z:\council packets\2012\r2-2-12\120119m.docx Page 7 of 11 Councilmember Contino added that right now they have a blocked path but nobody realizes that unless they are sitting in a handicapped scooter or there is a double carriage. Mayor Schlum said it might be good to look at moving the light because that is where the "choke point" is. He said they have the stipulation as far as the "clear path" and if that stipulation is not met they can always readdress it. The motion CARRIED by majority vote (6-1), with Councilmember Contino voting Nay. Mayor Schlum thanked Mr. Rodgers and Ms. Redendo for their input. AGENDA ITEM #4 - CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF RELATING TO THE COMMUNITY CENTER CODE OF CONDUCT. Community Services Director/Acting Town Manager Mark Mayer addressed the Council relative to this agenda item and stated that staff reviewed the proposed Code of Conduct for the Community Center at the recent joint Community Center Commission and Town Council meeting. He noted that it has also been reviewed by the Senior Services Commission and the Town Attorney. He advised that staff is bringing this forward this evening for the Council's consideration and added that he believes the Code will provide the Community Center with needed control measures. He briefly discussed incidents that have occurred at the Center and noted that currently there is nothing in the building's policies that allow staff to require people to leave the building or ask them to remain out of the building for a longer period of time based on their behavior. He said that since this issue has been under discussion, another incident has occurred involving a repeat offender and that is why everyone involved believes t his document is important. He noted that a similar document exists for the Town's recreation programs and said that this will provide staff and Community Center patrons additional support. He indicated his willingness to respond to questions from the Council. There were no citizens wishing to speak on this agenda item. Councilmember Elkie stated that he understands the need for this and referred to the last paragraph in the proposed Code of Conduct (the Community Services Director or designee is authorized to take all necessary steps to enforce this Code of Conduct. Failure to comply with the Code of Conduct may result in the suspension and/or revocation of your Center privileges and forfeiture of paid fees) and asked if someone's privileges are revoked, what the process to be followed by someone who disagrees with the action and wants to appeal the decision was. Mr. Mayer responded that the normal appeal process for any decision that is made at the staff level would be in accordance with the Town's organizational chart -- the issue would go to the Town Manager and ultimately to the Town Council if that is what the individual desired. Mayor Schlum commented on the fact that staff believes this support is needed. Mr. Mayer explained that the biggest issue now is a repeat offender who is making it difficult for others, patrons of the Center, to enjoy the facility on an on-going basis -- this has occurred several times. Councilmember Leger asked if there was a time period on the revocation and Mr. Mayer said that staff wanted latitude in this area depending on the severity of the occurrence and assured the Council that all of the facts would be taken into consideration when rendering a decision regarding these situations. Councilmember Leger said that when he reads it as written it almost implies that the revocation is permanent and Mr. Mayer stated that that was not the intent. Councilmember Leger stated that they might want to clarify some of that language. Councilmember Leger added that his concern is that someone might become belligerent and he would not want to put staff in a compromising situation. He asked how situations like that would be dealt with. Mr. Mayer stated that the Maricopa County Sheriff's Office would be called and asked to respond. Mayor Schlum advised that he is not sure how to amend the language regarding revocation time periods and said he believes it could be read both ways. z:\council packets\2012\r2-2-12\120119m.docx Page 8 of 11 Councilmember Elkie brought up the appeal process and following the organizational chart and said it sounds like there are one, maybe two individuals, who are causing the problems so the Council will probably never have to address it. He added that if it does become an issue it is something that could always be brought before the Council. He said he would be comfortable with it as it is currently written. Councilmember Leger stated that he is comfortable with it as well and he just wanted clarification on the policy and the fact that revocation does not necessarily mean permanent revocation. Councilmember Contino advised that he likes the idea that the Maricopa County Sherif f's Office will become involved if necessary and he hopes that situations never have to come before the Council for resolution. There were no citizens wishing to speak on this agenda item. Vice Mayor Dickey MOVED to approve the Code of Conduct Policy and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #5 - UPDATE BY THE GREENING OF DOWNTOWN CHAIR JERRY BUTLER; CONSIDERATION OF THE PROPOSED PHASE V PROJECT IN FOUNTAIN PARK. Community Services Director/Acting Town Manager Mark Mayer introduced Jerry Butler, Chair of the Greening of Downtown Committee, and said that he would discuss the proposed Phase V project in Fountain Park. He stated that Mr. Butler is joined by two youths who are working on their Eagle Scout certification, Peter Carillo and Chris Varanese, and added that letters from the youths have been provided to the Council. He added that the youths will also talk about their involvement in this particular project. Mr. Butler addressed the Council relative to this agenda item and reviewed the project, proposed plans and accomplishments to date (Copy of the presentation is available in the office of the Town Clerk). He stated that in the beginning the Greening of Downtown was one of the catalysts associated with the Downtown Vision Plan (and at that time they had no money, no staff and it was simply a big dream). He reported that they have had many accomplishments to date and the Life Scout, who will be involved in the Performance Pad Landscaping Project (Chris Varanese), will speak to that particular project. He said that he has agreed to be the "advisor." He added that Life Scout Peter Carillo will manage the Cactus Garden project all subject to the Council's approval of both projects. He noted that their activities began two years ago and to date 35 people serve on the volunteer committee. He said that they have raised $180,000 (donations and in-kind services) and reported that Fountain Park enhancements include 134 trees, a low-water Demonstration Garden, a Wildflower Garden, two Island improvements, three commemorative columns and Performance Pad landscaping. He provided additional detail related to each of the accomplishments as listed above. Chris Varanese addressed the Council and discussed the Performance Pad Landscaping Project - Phase 2. He reported that approximately 60 trees, crushed granite, boulders and river rock will be added during this phase and added that first they will have to remove the sod from the area, modify the irrigation, place the soil and shape into mounds, install boulders and place plants, spread the granite and install river rock around the drainage pipes. He stated that all of this work will make the Performance Pad look so much better. He indicated his willingness to respond to questions from the Council. Mayor Schlum asked what the benefits are in removing the sod and adding the rock and Scout Varanese explained that this will it much easier for the people who cut the grass. The Mayor asked if there was a timeline associated with the project and Scout Varanese reported that the work will be accomplished on weekends. Mayor Schlum said that this looks like a tremendous project and thanked Scout Varanese for his hard work in this area. Councilmember Elkie stated that he appreciates Scout Varanese's willingness to take this project on. z:\council packets\2012\r2-2-12\120119m.docx Page 9 of 11 Scout Peter Carillo addressed the Council and discussed the Cactus Garden Project (located east of the east parking area). He noted that the garden will contain Sonoran desert cacti and the work will include removing two inches of excess dirt and waste, installing irrigation, dumping soil to shape into mounds, purchasing and planting cacti and introducing a layer of granite. He indicated his willingness to respond to questions from the Council. Councilmember Hansen commented that the area has been an eye sore and said that this will be a great improvement. She thanked Scout Carillo for his willingness to accomplish this task. Mayor Schlum noted that the area is similar to the desert area located by the playground. Scout Carillo said that this is a learning experience and discussed other features that will be included. He noted that the plan is that the area will be wheelchair accessible in the future and the work will be done on weekends with lots of help from others. Councilmember Leger thanked both Scout Varanese and Scout Carillo for stepping up to the plate and doing this wonderful project that will benefit the entire Town. The Mayor reiterated his appreciation to both youths. Mr. Butler stated that the two youths will learn how to take a project from conception and make it happen within a two-month period of time. He continued on with his presentation and discussed improvements in the Planning Stage, including Duck Island enhancements (north side of the lake) and more trees, the Downtown Corridor and finding new partners and obtaining financial support, and the Urban Demonstration Garden & Learning Center. Mr. Butler requested Council support to proceed with the Cactus Garden and indicated his willingness to respond to questions from the Council. There were no citizens wishing to speak on this agenda item. Councilmember Brown MOVED to approve Phase V of the Greening of Downtown's project in Fountain Park to include a Cactus Garden and Councilmember Hansen SECONDED the motion. The Vice Mayor stressed the importance of reaching out and going outside of Town to seek partners and grants and Mr. Butler agreed and reported that a member of the volunteer committee is currently reaching out to large national corporations. He added that they recently found out that Fountain Hills will not be a recipient of a State Forestry grant they applied for this year and said this was very disappointing. Vice Mayor Dickey commented that there are organizations out there that are looking to offset carbon footprints and things like that and get credit for it and said there might be some opportunities there. Mr. Butler said he would love the opportunity to discuss that further with the Vice Mayor and would love to have her serve on the Committee. Councilmember Contino thanked Mr. Butler and all of the people who work with him for what they have done in the Park and said he really likes what they have accomplished on the north side of the Avenue. Mr. Butler said that they refer to that as the Demonstration Project because it demonstrates what can be done on the other lots as long as they can find the money. Mayor Schlum commented on the fact that they have received great support from Chaparral Water Company. Mr. Butler advised that both the water company and the Plat 208 property owners have been a big help on that project. The motion CARRIED UNANIMOUSLY (7-0). The Mayor asked Mr. Butler and his Committee to keep up the great work and thanked all of them again. AGENDA ITEM #6 - CONSIDERATION WITH POSSIBLE DIRECTION TO THE TOWN ATTORNEY REGARDING NEGOTIATION OF THE TOWN MANAGER CONTRACT. z:\council packets\2012\r2-2-12\120119m.docx Page 10 of 11 Mayor Schlum MOVED to direct the Town Attorney to proceed with negotiations toward reaching an employment agreement with a potential Town Manager candidate, as discussed in the Executive Session and Vice Mayor Dickey SECONDED the motion. Ms. Bender advised that one person wished to speak to the Council on this item. Lee Shatttuck addressed the Council relative to this agenda item and said that she was grateful for the opportunity to meet the final two candidates for the Town Manager position. She stated that she watched t he forums closely and it was easy to see that Mr. David Andrews is a superior candidate for the position. She commented on his vast experience and his direct, "look you in the eye attitude," and said he was refreshing and seemed to be a people person. She discussed the qualifications of both of the final candidates and expressed her personal opinion that Mr. Andrews , the choice of the constituents who participated in the process, should be chosen for the position. Mayor Schlum thanked Ms. Shattuck for her comments. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #7 - QUARTERLY UPDATE ON THE PROGRESS OF IMPLEMENTING THE TOWN COUNCIL GOALS FOR FY2011-12. Mr. Mayer advised that each of the departments has had an opportunity to review and update the doc ument (copy of the report on file in the office of the Town Clerk). He reported that they are showing Recreational Opportunities and Amenities 80% complete because some of the goals will require additional funding for full implementation. He indicated his willingness to respond to questions from the Council. Mayor Schlum thanked Mr. Mayer for his input. AGENDA ITEM #8 - COUNCIL DISCUSSION/DIRECTION TO THE INTERIM TOWN MANAGER/FINANCE DIRECTOR JULIE GHETTI. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council. A. None. AGENDA ITEM #9 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE INTERIM TOWN MANAGER/FINANCE DIRECTOR JULIE GHETTI. Mayor Schlum stated that staff will move forward on what was discussed this evening. AGENDA ITEM #10 - ADJOURNMENT Councilmember Contino MOVED to adjourn the meeting and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:46 p.m. z:\council packets\2012\r2-2-12\120119m.docx Page 11 of 11 TOWN OF FOUNTAIN HILLS By __________________________ Jay T. Schlum, Mayor ATTEST AND PREPARED BY: _________________________ Bevelyn J. Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive and Regular Sessions held by the Town Council of Fountain Hills on the 19th day of January 2012. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of February 2012. _____________________________ Bevelyn J. Bender, Town Clerk