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HomeMy WebLinkAbout2013.0404.TCREM.Minutesz:\council packets\2013\r130418\130404m.docx Page 1 of 4 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 4, 2013 REGULAR SESSION AGENDA * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:30 p.m. * INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church. * ROLL CALL Present for roll call were the following members of the City Council: Mayor Kavanagh, Vice Mayor Elkie, Councilmember Brown, Councilmember Yates, Councilmember Dickey, Councilmember Leger, and Councilmember Hansen. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. * MAYOR’S REPORT i) The Mayor may review recent events attended relating to economic development. Mayor Kavanagh gave a brief update on the Transaction Privilege Tax (TPT) legislation noting that negotiations were still going on with the State Legislature, the League Cities and Towns and the Governor’s office. She noted that the last communication received from the League of Cities stated that they were hopeful and that they were making some progress with the two specific areas that they’ve been talking about: the continuation of local tax collection from homes built here and on remodels rather than having them taxed at the point of sale and also the continuation of municipal auditing of local businesses rather than turning it all that over to the Department of Revenue (DOR). The Mayor also commented on the Volunteer Reception event that was held the previous evening with over 200 volunteer attending. She commended staff for putting on such a great event for the volunteers. She referenced that there were numerous awards given out and mentioned the two top award recipients: Gene Slechta (2013 Volunteer of the Year) and Craig Rudolphy (President’s Volunteer Service Award 2013). ii) The Mayor will read a proclamation proclaiming April as Volunteer Month in the Town of Fountain Hills. Mayor Kavanagh read the proclamation proclaiming April as Volunteer Month in Fountain Hills (Copy found on-line and is on file in the Clerk’s office). She stated that the Town was very lucky to have so many wonderful volunteers and thanked all of them for all that they do all year. The Mayor commented that they certainly make Fountain Hills a better place for all. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) PRESENTATION by Chris Coyle, Phoenix General Manager for Republic Services, regarding their implementation of the Wrypple Rewards Program. Mr. Chris Coyle addressed the Council and provided a brief update on the program and reviewed the implementation schedule (Copy of the PowerPoint presentation available on-line and in the office of the Town Clerk). He introduced the new Operations Supervisor Anthony Deitch, who will be working with staff to take care of the residents. He noted the target date to roll out the program was June 1. He offered to come back in a month if the Council would like to hear what the public communication will be and asked if the Council had any questions. Mayor Kavanagh stated she looked forward to the new program. z:\council packets\2013\r130418\130404m.docx Page 2 of 4 Vice Mayor Elkie asked the Town Attorney when the contract was originally negotiated if it didn’t contemplate or include the recycling aspect and he was curious as to if this was going to be part of the contract or an addendum to that. Town Attorney McGuire responded that the agreement had contemplated recycling in a number of different ways; it just didn’t have a revenue share component as many contracts would. He stated that the recycling program requirement was to use either Recycle Bank or an equivalent and so there wasn’t a need for a contract amendment in order for the program to transition as long as it provides the same kind of services as Recycle Bank did. Mr. Coyle concurred with the Town Attorney comments noting that it had provided for Recycle Bank or an alternative as approved by the Town and he commented that it seemed like the Town was happy with the program. CALL TO THE PUBLIC Town Clerk Bevelyn Bender advised that there were no speaker cards. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM MARCH 7, 2013. AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2013-18, GRANTING A PUBLIC UTILITY EASEMENT (P.U.E.) OVER A PORTION OF TRACT A OF THE PARCEL 12 SUBDIVISION (A TOWN - OWNED PARCEL LOCATED AT THE SOUTHEASTERN CORNER OF THE SAGUARO BOULEVARD AND EL LAGO BOULEVARD INTERSECTION). THIS P.U.E. IS LOCATED NEAR THE NORTHEASTERN CORNER OF TRACT A, AND WAS REQUESTED BY CENTURYLINK TO BE ABLE TO PLACE SEVERAL UTILITY CABINETS THERE. AGENDA ITEM #3 - CONSIDERATION OF ACCEPTING THE FINAL AREA AGENCY ON AGING CONTRACT FOR SERVICES AGREEMENT FROM JULY 1, 2012, AND ENDING DECEMBER 31, 2012. AGENDA ITEM #4 - CONSIDERATION OF RENEWING THE CONTRACT WITH CLIFTONLARSONALLEN LLC FOR ANNUAL FINANCIAL AUDITING SERVICES FOR THE THREE YEAR PERIOD ENDING JUNE 30, 2013 THROUGH JUNE 30, 2015. AGENDA ITEM #5 - CONSIDERATION OF AN APPLICATION FOR A PERMANENT EXTENSION OF PREMISES/PATIO PERMIT SUBMITTED BY JUAN GABRIEL GONZALEZ TORRES, FOR THE PURPOSE OF ADDING OUTSIDE PATIO SERVICE ASSOCIATED WITH FHI ES D NOS LLC DBA SENOR TACO, LOCATED AT 13525 N. FOUNTAIN HILLS BLVD., SUITE 101, FOUNTAIN HILLS, AZ. THIS IS FOR A PERMANENT CHANGE OF AREA. Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Brown SECONDED the motion. A roll call vote was taken as follows: Councilmember Dickey Aye Vice Mayor Elkie Aye Councilmember Leger Aye Councilmember Hansen Aye Councilmember Yates Aye Councilmember Brown Aye Mayor Kavanagh Aye The motion CARRIED UNANIMOUSLY (7-0). z:\council packets\2013\r130418\130404m.docx Page 3 of 4 REGULAR AGENDA AGENDA ITEM #6 - PUBLIC HEARING REGARDING ORDINANCE #13-03, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 6, RELATING TO SIGN REGULATIONS. IF ADOPTED, THE AMENDMENT WOULD REVISE THE CIRCUMSTANCES UNDER WHICH PROMOTIONAL BANNERS MAY BE USED BY BUSINESSES. Mayor Kavanagh declared the Public Hearing open at 6:41 p.m. Senior Planner Mr. Rodgers addressed the Council and referenced the information contained in the staff report (Copy on file in the office of the Town Clerk), which contained a review of the prior actions taken to this point and an overview of the text amendment. He confirmed that it was the Planning and Zoning Commission’s and staff’s recommendation to approve Ordinance 13-03. Mr. Rodgers responded to a question by the Mayor and confirmed that the Planning and Zoning Commission had voted to forward the recommendation to approve. There were no speaker cards presented. Mayor Kavanagh declared the Public Hearing closed at 6:42 p.m. AGENDA ITEM #7 - CONSIDERATION OF ORDINANCE #13-03, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 6, RELATING TO SIGN REGULATIONS. IF ADOPTED, THE AMENDMENT WOULD REVISE THE CIRCUMSTANCES UNDER WHICH PROMOTIONAL BANNERS MAY BE USED BY BUSINESSES. Councilmember Yates MOVED to approve the Ordinance 13-03 as presented and Vice Mayor Elkie SECONDED the motion. The motion CARRIED on a vote of 6-1. Councilmember Dickey voted nay. AGENDA ITEM #8 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM INCLUDED IN THE LEAGUE OF ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. Town Manager Ken Buchanan addressed the Council relative to this item. He referenced comments offered previously by the Mayor regarding the TPT but noted that there was also a discussion last week regarding the Rio Declaration and that he had provided handouts with additional information on the status of that (copies on file in the Town Clerk’s office). He indicated that it looks like it might have passed the House but the Senate hasn’t taken any new bills on that so it might not go anywhere. He indicated he would follow it. Mayor Kavanagh commented that the amended the bill would have no effect on trails and that was assuming that it even gets voted on. Councilmember Dickey asked what the new Rio bill number was; Town Manager Buchanan stated he would provide that. Mayor Kavanagh said she thought it was SB1043. AGENDA ITEM #9 - 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 #10 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER KEN BUCHANAN. None. AGENDA ITEM #11 – ADJOURNMENT z:\council packets\2013\r130418\130404m.docx Page 4 of 4 Councilmember Brown MOVED to adjourn the Regular Meeting at 6:46 p.m. and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY by those present (7-0). The Council moved to the Fountain Conference room to convene in Executive Session. EXECUTIVE SESSION AGENDA AGENDA ITEM #1 – ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: 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, THE TOWN MANAGER'S EVALUATION.) ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor Kavanagh, Councilmember Yates, Councilmember Leger, Councilmember Hansen, Councilmember Brown, Vice Mayor Elkie and Councilmember Dickey. Town Attorney Andrew McGuire was also present. Mayor Kavanagh called the Executive Session to order in the Fountain Hills Conference Room - 2nd Floor at 6:58 p.m. Councilmember Brown MOVED to enter into the Executive Session and Councilmember Hansen SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). Town Manager Kenneth W. Buchanan entered the Executive Session at 7:03 p.m. The Mayor adjourned the Executive Session without objection at 7:15 p.m. TOWN OF FOUNTAIN HILLS By _______________________________ Linda M. Kavanagh, 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 Regular and Executive Sessions held by the Town Council of Fountain Hills in the Town Hall Council Chambers (Regular) and in the Town Hall Fountain Conference Room - 2nd floor (Executive Session) on the 4th day of April, 2013. I further certify that the meetings were duly called and that quorums were present. DATED this 18th day of April, 2013. ____________________________________ Bevelyn J. Bender, Town Clerk