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HomeMy WebLinkAbout2001.0201.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL February 1,2001 Mayor Morgan called the regular session of the Town Council to order at 5:30 p.m. Councilwoman Ralphe MOVED that the Council convene the executive session and Councilman Wyman SECONDED the motion, which carried unanimously. AGENDA ITEM#1 - PURSUANT TO A.R.S. §38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR 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 IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION; SPECIFICALLY MCO COMMITTEE V. TOWN OF FOUNTAIN HILLS (REFERENDUM), TOWN OF FOUNTAIN HILLS V. MCO PROPERTIES (EMINENT DOMAIN); MCO PROPERTIES V. TOWN OF FOUNTAIN HILLS (SUBDIVISION ORDINANCE; CONTEMPLATED LITIGATION REGARDING FINANCIAL MATTERS). Mayor Morgan recessed the executive session of the Town Council at 6:26 p.m. and convened the regular session of the Town Council at 6:30 p.m. AGENDA ITEM#2- RETURN TO REGULAR SESSION Following the pledge to the flag and the invocation by Pastor Joel Bjerkestrand, Shepherd of the Hills Lutheran Church, the roll call was taken. ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan,Vice Mayor Sharon Hutcheson and Councilmembers Leesa Fraverd,John Wyman,John McNeill, John Kavanagh, and Susan Ralphe. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Interim Town Engineer Tom Ward, and Director of Community Development Jeff Valder. AGENDA ITEM *1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JANUARY 18,2001. AGENDA ITEM*2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL GREAT FAIR SCHEDULED FOR FEBRUARY 23, 24 AND 25, 2001 FROM 10:00 A.M. TO 5:00 P.M. ON FRIDAY AND SATURDAY AND FROM 8:00 A.M.TO 5:00 P.M.ON SUNDAY. THE EVENT WILL REQUIRE THE CLOSURE OF THE AVENUE OF THE FOUNTAINS FROM SAGUARO BOULEVARD TO LA MONTANA AND SAGUARO BOULEVARD FROM PARKVIEW AVENUE TO EL LAGO BOULEVARD BEGINNING 5:30 P.M. ON THURSDAY,FEBRUARY 22 AND ENDING 6:00 A.M. ON MONDAY,FEBRUARY 26,2001. AGENDA ITEM *3- CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY PAT CHEN FOR CHEN'S GARDEN LOCATED AT 16720 EAST AVENUE OF THE FOUNTAINS. THE APPLICATION IS FOR A NEW CLASS 12 RESTAURANT LICENSE. AGENDA ITEM*4- CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION POST 58 LOCATED AT Town Council Minutes Regular and Executive Session 2101/01 Page 1 of 5 16850 EAST AVENUE OF THE FOUNTAINS. THE REQUEST IS FOR A BUILDING FUND FUNDRAISER DURING THE GREAT FAIR. THE REQUESTED HOURS OF OPERATION ARE 9:00 111 A.M. TO 10:00 P.M. ON FRIDAY AND SATURDAY, FEBRUARY 23RD AND 24TH, AND 10:00 A.M. TO 9:00 P.M.ON SUNDAY,FEBRUARY 25TH. AGENDA ITEM *5 - CONSIDERATION OF THE EXTENSION OF PREMISE/PATIO PERMIT SUBMITTED BY JOYCE SZELIGA FOR THE QUE BUENO RESTAURANT LOCATED AT 13207 NORTH LA MONTANA DRIVE. THE REQUEST IS TO TEMPORARILY EXTEND THE EXISTING CLASS 12 RESTAURANT LIQUOR LICENSE TO A SECURED AREA IMMEDIATELY ADJACENT TO THE SOUTH SIDE OF THE RESTAURANT DURING THE GREAT FAIR ON FRIDAY, SATURDAY AND SUNDAY,FEBRUARY 23,24 AND 25,2001. AGENDA ITEM *6- CONSIDERATION OF RESOLUTION 2001-07 AMENDING THE PERSONNEL POLICIES AND PROCEDURES FOR THE TOWN OF FOUNTAIN HILLS BY AMENDING POLICY 6.3 HOLIDAYS. AGENDA ITEM *7- CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE 2- UNIT THE ARROYO VISTA CONDOMINIUMS NO. 1 ON .225 ACRES LOCATED AT 16534 E. ARROYO VISTA DRIVE,CASE NUMBER S2000-51. AGENDA ITEM *8- CONSIDERATION OF THE SPECIAL EVENT REQUEST AND WAIVER OF PARK FEES SUBMITTED BY BRAD LAUGHLIN WITH LAUGHLIN ENTERTAINMENT, INC. FOR"MAY DAY AT THE FOUNTAIN" SCHEDULED TO BE HELD SATURDAY,MAY 5,2001 AND SUNDAY,6,2001,FROM 10:00 A.M.TO 8:00 P.M. Councilwoman Ralphe MOVED to approve the Consent Agenda as read. Vice Mayor Hutcheson SECONDED the motion. A roll call vote was taken with the following results. Councilman Kavanagh- aye Councilwoman Ralphe— aye Councilman Wyman aye Councilman McNeill - aye Vice Mayor Hutcheson- aye Mayor Morgan - aye Councilwoman Fraverd- aye The motion CARRIED unanimously with a roll call vote. AGENDA ITEM#9- ROTATION OF THE POSITION OF VICE MAYOR TO COUNCILMAN WYMAN. THE VICE MAYOR IS AN EIGHT-MONTH, ROTATING POSITION TO BE HELD BY EVERY COUNCILMEMBER. Mayor Morgan explained that the Vice Mayor position was rotated between the councilmembers every eight months and Councilman Wyman was to be the new Vice Mayor beginning February 151. Vice Mayor Hutcheson made the ceremonial transfer of the Vice-Mayor nameplate to Councilman Wyman. AGENDA ITEM#10- CONSIDERATION OF RESOLUTION 2001-08 URGING THE ARIZONA STATE LAND DEPARTMENT TO LOOK WITH FAVOR UPON THE REQUEST OF THE CITY OF SCOTTSDALE TO HAVE 16,600 ACRES OF STATE TRUST LAND IN THE CITY OF SCOTTSDALE RECLASSIFIED AS SUITABLE FOR CONSERVATION PURPOSES. At the request of the Mayor and now Councilwoman Hutcheson, Mr. Farrell said that a pleasant task was before the Council. On February 15th, 2001, the City of Scottsdale would ask the State Land Commissioner, Committee, and State Land Department to take this area have it redesigned as suitable for conservation. This would mean that 411130* Town Council Minutes Regular and Executive Session 2/01/01 Page 2 of 5 the State Land Department could not sell it or offer it for lease for commercial or residential development. He noted that although the land was not close to Fountain Hills, it shares the spirit that the citizens of Fountain Hills and Scottsdale have for preservation. Mr. Farrell asked that the Council look favorably on adopting this resolution because staff and Councilmembers would not be available to attend the hearing due to the Town's regularly scheduled Council meeting held on February 15t. He explained that he had not taken a position that would be offensive to the State Land Department but had noted that Fountain Hills supported their sister city in this effort. Mr. Farrell pointed out that the Council had the unique opportunity to pass this resolution fifteen days before the hearing date so certified copies could be forwarded to the appropriate officials. Councilwoman Fraverd MOVED to approve Resolution 2001-08 as presented and Councilwoman Hutcheson SECONDED the motion. Councilwoman Ralphe said she had not forgotten July 1, 1999,when folks from Scottsdale came over the border to support Fountain Hills' efforts regarding the mountain preserve. She felt they had been instrumental in helping to defeat what would have been an unfavorable agreement between the Town and MCO. She said she supports Scottsdale in its efforts to increase its preserve in the McDowells. Councilman McNeill said it was important that the State Land Department act favorably on Scottsdale's application. He acknowledged that the map showed that most of the land was to the north of Fountain Hills. He pointed out that one of the functions of this acquisition would be to form a connection from the McDowell Mountains into the Tonto National Forest.Wildlife would then have means to migrate to the areas east and west of the preserve once those areas were developed. He felt this was an important part of the ecosystem and that it was essential to have those lands preserved. He hoped Scottsdale was successful in their efforts and felt it was a good move for Fountain Hills' to support them. Councilwoman Hutcheson agreed with those statements. She said that on February 15th many of the preservation groups from other towns and cities had been requested to come to that hearing. This Council would be unable to attend because of the regularly scheduled Council meeting. She said a letter of support would be greatly appreciated by the McDowell Sonoran Land Trust and also by the City of Scottsdale. Councilman Kavanagh asked if the same legal mechanism that was being used to make this change could be used to transform the classification of the State Trust Land that borders Fountain Hills and McDowell Park. Mr. Farrell responded yes. He thought that Mr. Nordin had been attending a series of meetings. Mr. Nordin replied that reclassification had already been accomplished and those lands were eligible for preservation. Councilman Kavanagh asked if there was a time limit that would be imposed. Mr. Nordin said yes, it was a 3 — 5 year time frame to perfect a plan of purchase and the Town would be approaching the end of the third year in October 2001. The motion CARRIED unanimously. Mayor Morgan announced that the Council would reconvene the executive session with possible action to be taken directly after the conclusion of this executive session. AGENDA ITEM#12- CALL TO THE PUBLIC No one came forward. Loy Town Council Minutes Regular and Executive Session 2/01/01 Page 3 of 5 Councilwoman Fraverd MOVED that the Council reconvene the executive session at 7:44 p.m. and Councilwoman Ralphe SECONDED the motion, which carried unanimously. Mayor Morgan recessed the executive session of the Town Council and reconvened the regular session of the Town Council at 8:35 p.m. AGENDA ITEM#11 - DISCUSSION AND POSSIBLE ACTION ON AUTHORIZING TOWN STAFF AND THE TOWN ATTORNEY TO PROCEED IN ACCORDANCE WITH INSTRUCTIONS GIVEN IN EXECUTIVE SESSION, WHICH INCLUDES AUTHORIZATION FOR THE FILING OF LITIGATION IN STATE OR FEDERAL COURT,AND THE APPEAL OF AN ADVERSE RULING IN SUPERIOR COURT OF MARICOPA COUNTY IN WHAT IS REFERRED TO AS THE REFERENDUM LAWSUIT. Mr. Farrell said this was an unusual item and asked permission to give the Council an introduction as to why this type of an item was on the agenda. He explained that about a month ago the Court of Appeals for the State of Arizona handed down a decision that affected attorneys who advise clients under the open meeting law. Attorneys analyzed the affect of this case with regards to the Council giving their attorney instruction and/or direction in executive session. Most attorneys had always had the opinion that a lawsuit would not be started or ended without a public vote to start or end without Council approval. He noted that attorneys had not considered the intermediate steps as being necessary for public ratification. The case that came down indicated that some intermediate steps were necessary. He said that,specifically,an appeal needed to be ratified if the instruction was given to the attorney in the executive session. He explained that was the reason that this item had been added tonight. Since the Council had talked about several pieces of litigation in executive session and the Council had given him instruction in executive session, this was the ratification of that action. Mr. Farrell said these steps would continue until the case was overturned or approved by the State Supreme Court. If approved, this procedure would be a regular item following executive sessions. If overturned, the Council would continue the former practice, public authorization by the Mayor and Council to start lawsuits or end them. Obviously, if the Town were sued, the Council would not have to get together to file an answer. He said that was his duty, as the Town's attorney to make sure that default judgments were not taken against the Town. Mr. Farrell pointed out that when the Town was the plaintiff in an action or when the Town was going to the Court of Appeals, he would be asking the Council to ratify those instructions. Mayor Morgan MOVED to direct the Town Attorney to appeal the recent Superior Court decision regarding the referendum and direct staff to report to Council on the date for calling a Fall 2001 election and Councilman McNeill SECONDED the motion, which CARRIED unanimously. Mayor Morgan MOVED to direct the Town Attorney to instruct the Town's Condemnation Attorney to file the Town's seconded amended complaint pursuant to instructions given in executive session and Councilwoman Hutcheson SECONDED the motion, which CARRIED on a vote of 5 -2. Councilman Kavanagh and Councilwoman Ralphe cast the nay votes. AGENDA ITEM#12- CALL TO THE PUBLIC Mayor Morgan reopened the Call to the Public. Vincent Marcella,Sunburst Dr. He explained his dissatisfaction with the Post Office and requested the Council's assistance with trying to improve the customer service offered by the Fountain Hills' branch. He asked the Council to have a joint public meeting with the supervisors in order to find a solution. He offered the name of Ken Socha as a possible contact for the Town Council Minutes Regular and Executive Session 2/01/01 Page 4 of 5 Council. He stated that Mr. Socha was a retired postal supervisor who would be happy to assist in anyway he could. 4110, Mayor Morgan directed Mr. Nordin to meet with Mr.Marcella. AGENDA ITEM#13- ADJOURNMENT. Councilwoman Fraverd MOVED to adjourn and Councilwoman Hutcheson SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 8:52 p.m. TOWN OF FOUNTAIN HILLS f Sharon Morgan,Mayor ATTEST: Cassie B. Hansen, Director of Administration/Town Clerk PREPARED BY: :. Bev Bender,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Meeting held by the Town Council of Fountain Hills on the lst day of February 2001. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of February 2001. Cassie B. Hansen, Director of Administration/Town Clerk Town Council Minutes Regular and Executive Session 2/01/01 Page 5 of 5