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HomeMy WebLinkAbout2011.0303.TCRM.Minutesz:\council packets\2011\r3-17-11\110303m.docx Page 1 of 8 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 3, 2011 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum called the meeting to order at 6:33 p.m. in the Town Hall Council Chambers. * INVOCATION – Pastor Mark Derksen, Jr., True North Congregation. * ROLL CALL – Present for roll call were the following members of the Town Council: Mayor Schlum, Councilmember Dickey, Councilmember Hansen, Councilmember Brown. Councilmember Elkie, and Councilmember Leger. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. Vice Mayor Contino was absent. * MAYOR’S REPORT (i) None. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Recognition of Board of Adjustment members' prior services to the Town of Fountain Hills: Angela Strohan and Robert Row. Mayor Schlum stated that Ms. Strohan served on the Board of Adjustment from February 1, 2008 , until her appointment to the Planning & Zoning Commission on October 7, 2010. He said that she was a very valuable member of the Board of Adjustment and is a welcome addition to the Planning & Zoning Commission. The Mayor also discussed her volunteer activities and thanked her for her service and hard work for the community. Mayor Schlum advised that Robert Row served on the Board of Adjustment from February 1, 2009, until February 16, 2011, and gave his time and served with pride as a Boardmember for the residents of the community. The Mayor thanked Mr. Row for his service to the Town of Fountain Hills. Ms. Strohan was present in the audience and the Mayor presented her with a Certificate of Appreciation for her efforts and again thanked her for her significant contributions and leadership. The Mayor said that staff will get Mr. Row's certificate to him and again thanked him for his service. (ii) Presentation on 2011 Spring Events in Fountain Hills. Supervisor of Recreation Bryan Hughes addressed the Council and recapped the large number of events that had taken place during January and February of this year (PowerPoint on file in the office of the Town Clerk) and highlighted upcoming events, which included: * Craftsman Concerts in the Park (Fountain Park Amphitheater) Sundays in March from 1:15 to 4:00 p.m. * Memorial Championship presented by Discraft, March 2-5 in Fountain Park (over 400 plus disc golfers will converge on the Park for four days of competition ending with a concert and expo in the Park (sponsored by the Professional Disc Golf Association). * 6th Annual Dialysis Awareness Walk, Sunday, March 6th in Fountain Park from 8:00 a.m. to 11:00 a.m. (sponsored by the Sunset Kiwanis). * Mountain to Fountain 15K Race, Saturday, March 12th, McDowell Mountain Regional Park to Fountain Park, 8:30 a.m. to 10:30 a.m. (hosted by the Bandidos Running Club of Scottsdale). z:\council packets\2011\r3-17-11\110303m.docx Page 2 of 8 * Mountain to Fountain 15K - Community Party in the Park, Saturday, March 12th, Fountain Park Amphitheater at 10:00 a.m. (sponsored by AMVETS, VFW, Noon Kiwanis and Bandidos Running Club with support from the Town of Fountain Hills). * St. Patrick's Day Celebration, Thursday, March 17th, Fountain Park, beginning at 10:00 a.m. (sponsored by AMVETS, VFW, Noon Kiwanis and Bandidos Running Club with support from the Town of Fountain Hills). * Thunderbird Artists' Fine Art & Wine Affaire, March 18-20, Avenue of the Fountains, 10:00 a.m. to 5:00 p.m., (Coordinated by the Thunderbird Artists and supported by the Sunset Kiwanis). * Sons of the American Legion - Charity Motorcycle Show, Saturday, March 26th, American Legion, 9:00 a.m. - 8:00 p.m. (all proceeds will go to specified charities). * 20th Annual El Tour de Mesa, April 2nd, Shea Boulevard, 8:15 a.m. - 9:15 a.m. (All proceeds will benefit the Leukemia and Lymphoma Society). * 12th Annual Chester's Torch Ride, April 2nd, Shea Boulevard, 10:45 a.m. - 12:30 p.m. (All proceeds will benefit Special Olympics Arizona). * Movie in the Park - Toy Story 3, Saturday, April 2nd, Fountain Park Amphitheater, 7:00 p.m. (Many sponsors for this event). * Paws Around the Fountain Adopt-A-Thon, April 3rd, Fountain Park Amphitheater, 10:00 a.m. - 3:00 p.m. (Coordinated by ADOG and PACC911. The Town is a proud sponsor of this event). * Eggstravaganza, April 16th, Golden Eagle Park, 8:00 a.m. - 10:00 p.m. (Sponsored by the Goyena Team and MCO Realty, Inc.). * Relay for Life of Fountain Hills, April 30th - May 1st, Fountain Park, 4:00 p.m. - 6:00 a.m. (Sponsored by the American Cancer Society). Mr. Hughes discussed the Town of Fountain Hills Strategic Plan, 2010 and noted that these events help achieve Town of Fountain Hills Strategic Value related to "Recreational Opportunities and Amenities." He said that: R 1 Offers a wide range of cost-effective and accessible programs and services for all ages to promote a healthy and active community; R 3 Supports local organizations in providing affordable quality programs to promote recreational, sports, fitness and wellness programs for all ages; R 4 Supports community events and activities that create opportunities to build community and neighborhood identity. Mr. Hughes stated that staff is excited about all of the things that are happening in Town, thanked the Council for their support and encouraged attendance at these wonderful events. Mayor Schlum thanked Mr. Hughes for his presentation and said that all of the organizations that are doing these events are truly terrific and thanked them and staff for helping Fountain Hills be the wonderful community that it is. Mr. Hughes advised that other municipalities are beginning to schedule more events but noted that Fountain Hills has truly led the way and does everything it can to facilitate these worthwhile events. z:\council packets\2011\r3-17-11\110303m.docx Page 3 of 8 Mayor Schlum also encouraged the residents of the Town to participate in these wonderful events, many of which raise money for worthy causes and help the community as a whole, and commended staff for doing a great job. Town Manager Rick Davis advised that the Administration Department is holding t he first Freedom Series presentation a week from tonight (6:30 p.m. at the Community Center). He stated that it will feature two speakers who are exceptional Americans and exemplify what it means to be an American. He added that the speakers are two gentlemen who were born outside of this country but yet made their way here and served this country. He said that their stories are extremely intriguing and encouraged everyone to attend this very special event. He added that the VFW will be providing the Color Guard and some music and it will be a great event for the entire family. CALL TO THE PUBLIC None. CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM FEBRUARY 7, 2011. AGENDA ITEM #2 – CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY ROBERT D. SCHMITZ REPRESENTING THE AMERICAN LEGION POST 58, LOCATED AT 16837 E. PARKVIEW, FOUNTAIN HILLS, AZ, FOR THE PURPOSE OF A FUND RAISER SCHEDULED TO BE HELD ON THURSDAY, MARCH 17, 2011 FROM 9:00 AM TO 11:59 PM. AGENDA ITEM #3 –CONSIDERATION OF A SPECIAL EVENT APPLICATION SUBMITTED BY PERIMETER BICYCLING ASSOCIATION OF AMERICA, INC. FOR THE EL TOUR DE MESA. THE EVENT IS SCHEDULED FOR APRIL 2, 2011, TRAVELING THROUGH FOUNTAIN HILLS ALONG SHEA BOULEVARD FROM APPROXIMATELY 8:15 - 9:15 AM AND WILL REQUIRE LAW ENFORCEMENT AND TRAFFIC CONTROL. AGENDA ITEM #4 - CONSIDERATION OF A SPECIAL EVENT APPLICATION SUBMITTED BY SPECIAL OLYMPICS ARIZONA FOR THE CHESTER'S TORCH RIDE. THE EVENT IS SCHEDULED FOR APRIL 2, 2011, TRAVELING THROUGH FOUNTAIN HILLS ALONG SHEA BOULEVARD FROM APPROXIMATELY 10:45 AM - 12:30 PM AND WILL REQUIRE LAW ENFORCEMENT AND TRAFFIC CONTROL. AGENDA ITEM #5 - CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR THE MOUNTAIN TO FOUNTAIN POST-RACE PARTY IN THE PARK SPONSORED BY THE TOWN OF FOUNTAIN HILLS, AMVETS, VFW AND NOON KIWANIS TO BE HELD MARCH 12, 2011 AND LOCATED IN FOUNTAIN PARK. AGENDA ITEM #6 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY SAMUEL D. COFFEE (SONS OF AMVETS SQUADRON 7) FOR THE PURPOSE OF A FUNDRAISER IN CONJUNCTION WITH THE MOUNTAIN TO FOUNTAIN POST-RACE PARTY IN THE PARK, LOCATED IN FOUNTAIN PARK, SCHEDULED TO BE HELD ON MARCH 12, 2011. AGENDA ITEM #7 - CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR THE ST. PATRICK'S DAY CELEBRATION SPONSORED BY THE TOWN OF FOUNTAIN HILLS, AMVETS AND VFW TO BE HELD MARCH 17, 2011 AND LOCATED IN FOUNTAIN PARK. AGENDA ITEM #8 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY SAMUEL D. COFFEE (SONS OF AMVETS SQUADRO N 7) FOR THE PURPOSE OF A FUNDRAISER IN CONJUNCTION WITH THE ST. PATRICK'S DAY CELEBRATION, LOCATED IN FOUNTAIN PARK, SCHEDULED TO BE HELD ON MARCH 17, 2011. z:\council packets\2011\r3-17-11\110303m.docx Page 4 of 8 AGENDA ITEM #9 - CONSIDERATION OF APPROVING A PIECE OF DONATED ART FOR PUBLIC DISPLAY IN THE COURTYARD AREA NEXT TO THE LIBRARY ENTITLED "THE CORN DANCER." Councilmember Brown MOVED to approve the Consent Agenda as listed and Councilmember Leger SECONDED the motion. A roll call vote was taken with the following results: Councilmember Dickey Aye Mayor Schlum Aye Councilmember Leger Aye Councilmember Hansen Aye Councilmember Brown Aye Councilmember Elkie Aye The motion CARRIED UNANIMOUSLY by those present (6-0). REGULAR AGENDA AGENDA ITEM #10 – DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE TOWN'S NAMING POLICY (RESOLUTION 2006-08). Mayor Schlum stated that a number of Councilmembers thought that this was a good item to talk about and although there is no staff report on this, staff will be called upon for input. He opened the item up for discussion. Councilmember Hansen said that she believes this item came out of a discussion on the Centennial Circle and someone suggested that they look at the policy as a whole. She stated that she doesn't have much to say on the policy itself, but could speak to what happened in 1996. She commented on excerpts from prior years Council meeting minutes and noted that the discussion took place over three Council meetings. She reported that on June 6, 1996, when the new Council was seated, Vice Mayor Lawrence was appointed to Chair a Recognition Committee to acknowledge the Town's first Mayor John Cutillo. She advised that he put together a committee and they met and came up with some suggestions that were discussed at the June 20, 1996 meeting. She noted that basically it was for a short -term recognition and for something more long term. She added that they voted at the July 11, 1996 meeting to designate the footprint of what would become the Community Center Plaza (Town property) and designate that as Cutillo Plaza or Cutillo whatever it would end up being. This was to happen when the property got developed and now it has been and she thinks this is coming back up because of the Centennial Circle and this might be an issue that would be appropriate to readdress at this time. Councilmember Dickey said that since there are minutes that say that the intention was to name the Plaza after the Town's first Mayor, do they have to change the ordinances as they exist (and she is okay doing that but wants to know if that has to happen in order for the Council to move forward with this action). Town Attorney Andrew McGuire replied that the only official naming policy the Town has is the one in the Resolut ion and it would make sense in terms of formalizing the whole thing if they want to move forward with this, to treat it all in one action together -- if they wanted to rename the Plaza they could amend the policy to allow for that and make whatever tweaks they want to at that time. He stated that the official Resolution was adopted in 2006 so that could be cleared up and everyone would know what the policy is going forward. Councilmember Dickey said that if there is any trepidation about making a change, she would like to know that it is at least possible to move ahead with what was the obvious intention of the Council back in 1996. Mr. McGuire advised that it is certainly possible to do that and pointed out that the Council's intention in 1996 dealt with the whole parcel and there is a lot of flexibility about where they go with the 13 acres. He added that certainly what is referred to in the Centennial Circle area is included in that original footprint. He said that the Council has whatever flexibility they want and it is just important that if they are going to make a change for other purposes as well that they just clean it up so there are no questions in the future. z:\council packets\2011\r3-17-11\110303m.docx Page 5 of 8 Councilmember Hansen commented that if something was done with the entire 13 acres, the whole footprint, it would still leave the possibility for various components within that area to be named something else -- just like the Centennial Circle within the Plaza. She added that it would leave a broad possibility for things that could be d one in the future. She asked whether, apart from the policy, it would be possible to ratify the action that took place by the Council in 1996 and look at it almost like a "grandfathered" type of thing separate from the policy. Mr. McGuire responded that he thinks so especially because that action never really carried forward and he believes it would be appropriate to address that separately. He said that other things like the naming of streets could be impacted too but that could be a totally separate thing. Councilmember Hansen noted that the Town didn't even have this property in 1996. Councilmember Leger stated that he is not opposed to what he is hearing from his fellow Councilmembers and said that he knows that that particular policy and the minutes that were shared predated the Resolution (2006-08, Section 2, Facility Naming) clearly indicates that one must be deceased before something can be named after them. He asked if it would make sense to amend the Resolution that would enable the Council to move forward on this because the names that he has heard tossed around are those of people who are still alive. He suggested that they amend the Resolution and remove deceased and/or put criteria in there for a situation like the one they are talking about, which is not a building or a facility. Mr. McGuire advised that they are talking about two distinct issues; one is a prior action that preceded the Council's direction in the 2006 naming policy but said he does think it is appropriate to address it at the same time in order to clean it all up. He said that he doesn't think that one needs to wait for the other one -- they can have them done concurrently to make it all flow. He stated that this is not something controversial and they can wrap it all to gether, ratify the prior action and make any changes they want to make. Councilmember Leger said that that is what he is suggesting for the reasons Mr. McGuire just stated and added that he would be comfortable moving concurrently. Councilmember Elkie suggested that they be more definitive as far as what a facility is because he thinks they are talking about a place as opposed to a facility and there seems to be two different criteria for naming a facility -- the person has to be deceased for two years. He said as far as his reading about the streets, there is no criteria in there as far as how long someone has to be deceased so it can be named immediately. He stressed the importance of consistency or leaving it up to the Council on a case-by-case basis (although the Council could put some guidelines into place). Councilmember Hansen stated that she would like the Council to make it clear that what they might d o about the action taken in 1996 is not the cause for the revision. She would like to keep the identities separate. Councilmember Dickey said that the Council would like to see some suggested language at a future date and asked if they would be able to take any action on the Cutillo Plaza tonight or would they have to wait on that too if they keep it separate. Mr. McGuire advised that the Council's prior action on the Plaza is already 14 or 15 years old and direction on where they would like to go with this is probably something staff should have some specific direction on (w hat type of recognition, etc.). Councilmember Hansen commented that perhaps they would want the name to be something other than Cutillo Plaza and they might need to have more discussion on this. She added that maybe they could ask staff to address what t he various issues would be so that when they do act on it it is clear and defined and they know exactly what it is. She said that right now they could just initiate the action to make this happen. Mayor Schlum expressed the opinion that staff probably needs more direction from the Council in order to move forward. Mr. McGuire stated that staff has information on a couple of the items that they could address and added that if anyone wants to provide more feedback (clarifications, changes, etc.) staff could put together proposed language for that as well. The Mayor stressed the importance of making sure it is clear so it doesn't look like that they are doing something just because of something from the past. He noted that the action has already been taken and it was just never memorialized. z:\council packets\2011\r3-17-11\110303m.docx Page 6 of 8 Councilmember Hansen interjected that they want to ratify the previous action. Councilmember Elkie asked when the previous Council decided to take action on Cutillo Plaza, did they have an idea of the actual location they were specifically referring to. He said if it has already been done they don't have to ratify it, they simply have to implement it. Discussion ensued relative to the fact that they were talking about the footprint (the entire Plaza). Mayor Schlum stated that they have to make sure they have all their ducks in a row and then do what they do best and celebrate it at some point, have an event. He added that they do not need to make a motion tonight and staff has enough feedback to move forward. There were no citizens wishing to speak on this agenda item. The Mayor thanked everyone for their input on this issue. AGENDA ITEM #11 - CONSIDERATION OF AUTHORIZING THE TRANSFER OF APPROPRIATION FROM THE ELECTION EXPENDITURE LINE ITEM WITHIN THE TOWN CLERK DIVISION, ADMINISTRATION DEPARTMENT OF THE GENERAL FUND BUDGET TO THE DEVELOPMENT SERVICES AND COMMUNITY SERVICES DEPARTMENTS LINE ITEMS IN THE AMOUNT OF $55,150 TO REPAIR TOWN RECREATION FACILITIES AND CIVIC CENTER MECHANICAL EQUIPMENT. Deputy Town Manager/Finance Director Julie Ghetti addressed the Council relative to this agenda item and said that during the January 6, 2011 Council meeting, the Council approved a General Fund budget appropriation transfer in the amount of $55,150 from the contingency line item to the Town Clerk's election line item. She explained that the transfer was required to cover costs associated with an election resulting from a referendum filed by Fountain Hills Citizens for Responsible Government against a single trash hauler. She advised that the election has subsequently been cancelled and therefore the funds are no longer required. Ms. Ghetti informed the Council that since these funds were previously un-appropriated and available, staff is proposing that they be transferred to the Development Services and Community Services Departments for much needed facility maintenance and repair. She added that the repairs were proposed in the FY2010-11 budget but eliminated during the budget reconciliation process. She further stated that staff is recommending that the available funds be used for the repairs to the athletic courts in the late spring when there is minimal use and bef ore the surface deteriorates further. She noted that the repairs to the Civic Center should ideally be made before the summer months. Ms. Ghetti referred to a list of the proposed improvements and a breakdown of costs contained in the staff report provided in the packet and requested Council authorization to transfer the funds as requested. Mayor Schlum thanked Ms. Ghetti for her overview. Town Clerk Bev Bender advised that one citizen wished to speak on this agenda item. Claire Keyworth addressed the Council and said that she is representing 115 members of the Pickleball Club in Town, which was started about three years ago. She noted that pickleball is one of the fastest growing sports in the United States and said they have been very fortunate to form a partnership with both the high school as well as Parks & Recreation. She advised that a concern is in looking at the courts that are located on the high school property one can see that they are in much disrepair and several members have fallen on the courts while playing because of the cracks and existing surface. She noted that there are only two pubic courts in Maricopa County and this is one of them. She urged the Council to consider appropriating the transfer of funds for the repair of the courts and thanked the Council for their support. Mayor Schlum thanked Ms. Keyworth for her remarks. Councilmember Leger MOVED to return the $55,150 to the contingency fund for future consideration of individually proposed expenditures, which include the repair of Town recreational facilities and the Civic Center mechanical equipment and Councilmember Dickey SECONDED the motion. z:\council packets\2011\r3-17-11\110303m.docx Page 7 of 8 Mayor Schlum commented that Councilmember Leger's motion takes into account one of the options presented by staff -- to return the money to the contingency fund and then potentially bring it forward for future consideration. He said that they will have a similar presentation perhaps in the near future. Councilmember Leger stated that reading the staff report he is certainly not opposed to seeing any of the expenditures "lumped" but would like to see them come forward individually, adding that he certainly understands the needs that exist at the pickleball and tennis courts. He noted that it is amazing how pickleball has grown in pop ularity and commended the group for their participation in this activity. He said that the action being taken is not a lack of support ; it is merely the process that should be followed at this time. Councilmember Dickey asked whether the School District will help repair the pickleball court and whether there are any time constraints on that. Community Services Director Mark Mayer addressed the Council and said he was not sure of the answer at this time. He explained that when he approached the Assistant Superintendent for the District he indicated that because it is a Town owned or Town shared facility they would be in a position to pay half of the cost. He said that he assumes they will pay one half this fiscal year but he did not ask the question and will definitely pursue it. Councilmember Dickey suggested that they delay this item until a future meeting this fiscal year. In response to a question from Councilmember Elkie, Development Services Director Paul Mood advised that the pumps that serve all three buildings are leaking and ultimately the equipment will not be able to cool the buildings. He said that the main pump is down and they are operating on the back-up pump and if that should fail too it would be disastrous and that is why they want to replace the main pump. Councilmember Elkie asked if this could wait until the next meeting and Mr. Mood replied that it could. Councilmember Hansen requested that this item be placed on the next agenda and the Mayor concurred. In response to a question from Councilmember Hansen, Stretch Koveikis (Facilities Supervisor) advised it is his understanding that the fund that the Council is talking about is for equipment that costs $10,000 or more. He added that each piece of equipment they have right now is less than $10,000 but if they group all of the equipment together it would obviously be over that amount. He said that from what he understood from Ms. Martin, they are talking about each piece of equipment. He stated that it's all parts and ther e are many pieces in the plant unless the Council wants to designate the plant as one piece of equipment. Ms. Ghetti advised that she will check and see what is in there and provide additional information to the Council. Mayor Schlum stated that the motion is to place the funds back into the contingency fund and bring these items back at the next meeting. The motion CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #12 – 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) directing staff to conduct further research and report back to the Council. Mr. Davis advised that they have enjoyed a very successful Citizens' Academy, which will culminate next Wednesday. He commended everyone who helped to make the program so successful and especially the citizens who have taken the time to get to know staff and the Town better. He reported that they started with 14 individuals and only had fou r drop out -- an excellent success rate. He said that they hope to do it again next year. Mayor Schlum thanked Mr. Davis for the update. z:\council packets\2011\r3-17-11\110303m.docx Page 8 of 8 Councilmember Elkie announced that Mayor Schlum will celebrate his birthday on March 5th and wished him a very happy birthday. AGENDA ITEM #13 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER. Mayor Schlum commented that items will be coming back before the Council as discussed this evening. AGENDA ITEM #14 - ADJOURNMENT Councilmember Dickey MOVED to adjourn the meeting and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). The meeting adjourned at 7:21 p.m. 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 t he minutes of the Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 3rd day of March, 2011. I further certify that the meeting was duly called and that a quorum was present. DATED this 17th day of March, 2011. _____________________________ Bevelyn J. Bender, Town Clerk