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HomeMy WebLinkAbout2001.1018.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL 411110, October 18,2001 Mayor Morgan called the regular session of the Town Council to order at 5:00 p.m. AGENDA ITEM#1. PURSUANT TO A.R.S. §38-431.03.A.3., AND A.R.S. §38-431.03.A.7., A.R.S. §38- 431.03.A.1., VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY (SPECIFICALLY REGARDING INTERGOVERNMENTAL RELATIONS); AND DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION FOR THE PURCHASE OR LEASE OF REAL PROPERTY (SPECIFICALLY THE REVISED LEASE FOR THE TOWN HALL OFFICES); AND FOR 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 SUCH DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN 24 HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING; (SPECIFICALLY TO DISCUSS LAW ENFORCEMENT); RESPECTIVELY. Councilwoman Ralphe MOVED that the Council convene the executive session and Vice Mayor Kavanagh SECONDED the motion, which carried unanimously. Mayor Morgan adjourned the executive session at 6:15 p.m. Mayor Morgan reconvened the regular session at 6:35 p.m. Following the pledge to the flag and invocation by Rev. Mark Lansberry from the Fountains Methodist Church,roll call was taken. Ikkw ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor John Kavanagh, and Councilmembers Sharon Hutcheson, John McNeill, John Wyman, Susan Ralphe, and Leesa Fraverd. Also present were Acting Town Manager/Town Attorney Bill Farrell, Director of Administration Cassie Hansen,and Director of Community Development Jeff Valder. MAYOR'S REPORT: Mayor Sharon Morgan gave an update on: • the medical condition of Town Manager Paul Nordin • Lynda Cote presented a check to the Mayor from the German Club and American Red Cross from their 911 fundraising efforts showing support of our local enforcement officers and fire fighters. Mayor Morgan read the consent agenda(items 1-4). AGENDA ITEM#1. CONSIDERATION OF APPROVING THE MEETING MINUTES OF OCTOBER 2 AND 4,2001. AGENDA ITEM#2. CONSIDERATION OF RESOLUTION 2001-44, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHEASTERLY PROPERTY LINE OF LOT 2, BLOCK 4 OF PLAT 605D, (15650 E. MUSTANG DRIVE) AS RECORDED IN BOOK 164 OF MAPS, PAGE 15 RECORDS OF MARICOPA COUNTY,ARIZONA.(MIKE& JODI BEISHIR) EA01-23 WITH STIPULATION. AGENDA ITEM#3. CONSIDERATION OF AN AUTHORIZED INCREASE TO THE SOUTHWEST SLURRY ANNUAL CONTRACT IN THE AMOUNT OF$280,000. AGENDA ITEM#4. CONSIDERATION OF THE FINAL PLAT FOR "PARCEL 12", A 5 LOT, 3 TRACT COMMERCIAL SUBDIVISION LOCATED BETWEEN KIWANIS DRIVE AND EL LAGO BOULEVARD, EAST OF SAGUARO BOULEVARD: CASE#S2000-037. Councilwoman Fraverd MOVED to approve the Consent Agenda as read and Councilman McNeill SECONDED the motion. A roll call vote was taken with the following results. Vice Mayor Kavanagh - aye Councilwoman Ralphe— aye Councilman Wyman - aye Councilman McNeill - aye Councilwoman Hutcheson- aye Mayor Morgan - aye Councilwoman Fraverd - aye The motion CARRIED unanimously. AGENDA ITEM#5. DISCUSSION AND POSSIBLE ACTION REGARDING THE FOUNTAIN HILLS FIRE DISTRICT AND THE PRESERVATION OF THE STATUS QUO BY REQUESTING THAT THE RURAL METRO CONTRACT BE EXTENDED THROUGH JUNE 30,2002. Mr. Farrell said the agenda item had been altered slightly because it would not be productive in terms of its respect to the Fire Board's ability to preserve the status quo. He posed three questions to the Town Council and asked for direction on future activities after the Council heard tonight's public input. • Mr. Farrell acknowledged that the Fountain Hills Civic Association had requested to use the Community Center on September 29, 2001, for a forum to discuss the fire service issue. This organization had asked if the Acting Town Manager could participate in that forum. Mr. Farrell asked for Council direction. • Chief Brown had asked if there was interest on the part of the Council in having a joint public meeting with the Fountain Hills Fire District. Mr. Farrell recommended the following dates for such a meeting: Tuesday, October 30 or Wednesday, October 31. He asked for Council direction as to their availability. • Mr. Farrell asked the Council for direction with regard to his request to retain outside counsel to assist the Town Attorney and give a report to the Council at the November 151 Council Meeting on the Town's legal options regarding the provision of fire service along with any action that might need to accompany that item. Mr. Farrell asked that the discussion tonight focus on the issues of the provision of fire service to the community and the options that the community might have. He said there had been much talk that there would be an election in March. He confirmed that right now there wasn't an election scheduled. He understood that the petitions had been circulated and that the petitions could be presented for verification. He asked to hear from both sides this evening on the status of those petitions. He also asked that both sides give the Council the benefit of their thoughts about an election, issues that had occurred at a previous meeting regarding contracts and litigation, and other relevant thoughts that would be helpful. Mr. Farrell confirmed that on the night of November 15L it would be likely that he would recommend some action. That recommended action would be a combination of tonight's discussion and what was learned from legal research as to what the Town's options were. He said staff was working on the issue of boundaries with information coming from other governmental agencies. Lou Jekyell,Vice Chair of the Board of Rural Metro Corporation, 16803 E. Palisades Blvd. He gave a brief overview of past and present operations. He said they and the fire fighters had been devastated when the Fire Board announced that they no longer wanted Rural Metro as their fire provider. He noted that many of the firefighters lived and worked in the community for years and were now being deprived of the opportunity to live and work here. He stated that Rural Metro was ready, if asked, to continue the current contract with the Fire Board or the Town if they elected to go that direction. Mr. Jekyell remarked that the annual contract (July 1, 2001 —June 30, 2002) was approximately $2.2 million dollars/$183,000 per month. He stated that Rural Metro's ability to provide efficient services to the community had allowed the Fire District to accumulate a $1.3 million surplus. Regarding Rural Metro's viability, he pointed out that their cash position was the best it has ever been. Steve Randall,Asst. Chief of Fire Operation for Rural Metro He gave a brief overview of Rural Metro's operations, policies, and critical services provided to Fountain Hills' Narresidents. Town Council Meeting Minutes 10/18/01 Page 2 of 6 Chief Glen Brown,Fire District He discussed similar issues and the Fire Board plans for the Fire District. He noted the December 15th, 2001, start up date. ,,: Dave Hansen, Chairman of Fire District(15759 E. Brittlebush Ln.) He explained that the financial health of Rural Metro had been the Fire Board's main concern and reason for seeking the change. He clarified that the Fire District was in excellent financial health and was operating without debt. He stated that any effort to remove the district from its current role would cost the replacing entity $300,000 as state law provided the fire district with that sum annually and no other entity would be entitled to those funds. He said that any effort to remove the current district would also require the replacing entity to raise taxes. He noted that Fountain Hills was a small but growing community and should not have to resort to litigation to solve internal problems. He asked for the opportunity for the Council to talk to and work with the Fire District to help resolve the issues. He requested that the Council take their time and evaluate the situation very closely. The following people spoke in support of continuing with Rural Metro's services: Bob Thompson, 16126 E. Glenview Dr.,FH Bob Sternfels, 16803 E. Palisades Blvd.,FH Todd Brunin, 16123 E Balsam, FH — He noted that he had not been offered a position with the new Fire Department despite his years of experience. Jack Bishop, 14203 Hawthorn Court (Chairman of Keep Our Quality Fire Protection Committee) — He urged that the Town Council dissolve the current Fire Board and assume control of the fire and medical services and equipment. Frank Ferrara, Glenbrook Blvd.FH Mark VanBoekel, Cabrio Drive, FH — Stated that contracts were offered to new employees and were approved by the Fire Board that had not been extended to the present crew. He felt that was an obvious attempt by the Fire Board to subjugate the will of the people. Jim Novoting, 17337 E. Rosita Dr. FH—He stated as a fireman he had not felt supported by the Fire Board so he could not work here even though he lived in town. Chris Marschell, Brodiea Dr., FH, - She pointed out that falling stock prices did not affect the performance of Rural Metro in Town; only the stockholders. Steve Springborn,President of the Fire Fighters Association Angela Diesi,FH resident Brad Linden, Phoenix resident and a Rural Metro employee Fred Roof, Former Fountain Hills Fire Chief for Rural Metro and current Tucson resident—He encouraged the Council to discuss this issue in a public forum. He felt that the Town should not be encumbered with contracts and challenged the Fire Board to cease and desist on contracts until the Council had the opportunity to make their own decision. The following people spoke in support of the Fire District: Dave Combs, 17426 E. Brantley Dr.,FH—He questioned the financial stability of Rural Metro even though he liked the staff. He asked that the Council facilitate a compromise and consider the financial implications. Carl Holms, FH resident, He stated that Rural Metro firemen had misinformed the petition signers leading them to believe that there wouldn't be any ambulances in Town if Rural Metro left. He also questioned the financial stability of Rural Metro. Jan Houck, President of the Arizona District Association and represented 154 districts in Arizona. She asked that the Council and citizens listen to all the facts and make an educated decision. She volunteered her negotiating services at the proposed October 29, 2001,joint meeting. Bob Travis, Fire District Board member — He rebutted allegations made by Rural Metro about the Fire Board. He requested a joint meeting with the Town Council. Tammy Rothermel,Fire District Board member-She asked that a joint meeting between the Council and the Fire Board be held. She agreed that the financial condition of Rural Metro was a factor in her decision to vote for discontinuation of Rural Metro services. John Winter, 11247 N. Inca, FH, Fire District Board member — He also asked for the opportunity to talk with the Council regarding this issue in a joint meeting. Ken Larson, Ocotillo Dr., FH—He felt that the Fire Board should be recalled if the residents didn't agree with them and the Town Council be left out of this issue. Town Council Meeting Minutes 10/18/01 Page 3 of 6 Vice Mayor Kavanagh pointed out that this was one of the most complicated issues to come before the council in a long time. He did not think all the facts were in nor had the legal advice been finalized so there was no way that anyone on the Council could take any definitive action this evening. ,,, Councilman McNeill asked the Fire District if they had offered three, four and five year contracts to the new employees of the Fire District and if the contracts had been authorized and signed. If it were true, he wanted to know why that was done. Chief Glen Brown responded that the contracts had been offered as a severance agreement for personnel who were moving to the District and changing their lives with an unsure future. The Fire Board felt there was a need to provide new personnel the benefits which would make it worth their while to commit to the change. Councilman McNeill questioned the Board's decision to offer 5 years severance to attract fire fighters to come to Fountain Hills. Fire Chief Brown confirmed that. Edwin Key,Agate Knoll He saw the issue as being between Rural Metro and the fire fighters. He favored a joint meeting so that the Fire Board and the fire fighters could work out their difficulties. He felt that the Town Council should back off and not become involved. Ken Ulrickson He stated that the citizens should recall the Fire Board if not satisfied and not manipulate the Council. Mayor Morgan set the date for the joint meeting: Tuesday, October 30, 2001 7:00 p.m. to be held at the Community Center. Mr. Farrell asked for clarification on his participation in the public forum scheduled for October 29, 2001. Mayor Morgan and the Council asked that Mr. Farrell participate in this forum. Mr. Farrell expressed his concerns about this issue. He explained that Mr. Bishop had set in place a petition drive that appears to have been successful, which called for the disillusionment of the District. He noted that a scenario could occur whereby fire service, whether with the new employees or Rural Metro, could be either be seriously disrupted or completely lost to all residents. He asked that the Council take this agenda item on out of the healthy respect for the power of the people of Fountain Hills. He pointed out that if the District were dissolved, the citizens would be looking to the Town Council for the solution. He felt it was 1111whis job as Town Manager and Attorney to get these issues and facts before the Council so that they would be able to make the tough decision. He complimented the public as to what they had stated this evening. Councilman McNeill MOVED to authorize the Acting Town Manager to expend funds for outside counsel to address the boundary and election issues with direction that the legal reports be submitted to the Council on or before November 1st, 2001,and Councilman Wyman SECONDED the motion, which CARRIED unanimously. Mayor Morgan called for a recess at 8:20 p.m. and reconvened the meeting at 8:30 p.m. AGENDA ITEM#6. CONSIDERATION OF AN AMENDED LEASE WITH DR. LUKENDA FOR THE TOWN HALL OFFICE COMPLEX LOCATED AT 16836 EAST PALISADES BOULEVARD. Mr.Farrell asked for a continuance until the November 1st, 2001, meeting. Councilman McNeill MOVED to continue this agenda item to the November 1st, 2001, Council meeting and Councilwoman Fraverd SECONDED the motion. Edwin Key,Agate Knoll He expressed his concerns for the leasing of the Town facilities and the costly expenditures recently made. He felt that the lessor should be paying for these types of repairs and if that was not to be the case he wanted to know why not. Mr. Farrell stated that the negotiated compromise with Dr. Lukenda resulted in an amended lease that would recapture a portion of the repair expenditures through reduced rent. He stated specific terms in the amended lease would address future repairs with the tenant paying a fixed amount for major repairs. Once the deductible was reached the balance of the repair costs would be born by the landlord. He felt that the amended lease would be to Mr. Key's satisfaction. Mr. Farrell stated that he would provide a copy of the lease to Mr. Key. Town Council Meeting Minutes 10/18/01 Page 4 of 6 The motion CARRIED unanimously. AGENDA ITEM#7. CONSIDERATION OF A DEVELOPMENT AGREEMENT BETWEEN THE TOWN %we AND THE INN AT EAGLE MOUNTAIN. THE DEVELOPMENT AGREEMENT WOULD FACILITATE A PROPOSED EXPANSION OF THE HOTEL BY FACILITATING AND DOCUMENTING A TOWN COUNCIL WAIVER OF THE TOWN'S LAND DISTURBANCE REGULATIONS IN EXCHANGE FOR AN IN-LIEU CONTRIBUTION THAT THE TOWN COULD USE TO ACQUIRE AND PRESERVE HILLSIDE LANDS WITHIN THE TOWN. Director Valder said that the prior owners of the Southwest Inn hotel had maximized the hillside disturbance permitted on site and the new and current property owner would like to expand the hotel. He explained that in order to expand,the owner needed the Council to approve a waiver of the Town's hillside regulations. Director Valder acknowledged that there was a provision in the Zoning Code for that waiver. He remarked that in previous discussions with the property owner, he had explained how other applicants had made a contribution for hillside land acquisition in the McDowell Mountains. He explained that this agenda item was being presented to the Council for their consideration of a development agreement that would provide for that type of contribution and facilitate the Council's waiver and the acceptance of that contribution. Councilman McNeill had reminded Director Valder earler that he had not talked about the calculations and how the dollar amount had been arrived at. Director Valder reviewed the Target project and explained that it was a complicated project because the hillside calculations used were the ones in the subdivision code. He pointed out that the Eagle Mountain project was not a subdivision so only the regulations in the zoning ordinance would apply. He stated that those regulations were much simpler with slope categories of zero to 15% and over 15% and lower preservation requirements. Director Valder stated that the applicant's consultants had estimated that they were short .69 acres of hillside preservation. He clarified that maps were exchanged several months ago and he was comfortable that the figure of .69 acres was close to what the applicant would need to meet the Town's regulations. Director Valder acknowledged that this agreement would approve the applicant to go .69 acres over hillside protection but did not approve their site plan or anything else. In terms of the dollar amounts for comparison purposes, he stated that he only had two numbers with which to compare it: • the Mountain Settlement Agreement at$38,200 per acre. • the Target project, which was just over$32,000 per acre. cHe confirmed that this applicant was proposing the figure of approximately $42,000 per acre. He pointed out that the onsultants had offered another figure when they were arriving at the development fees, which was $20,000 per acre. Director Valder said staff recommended approval because it implemented the policies that had been set forth in the subdivision code where the applicants preserved land in the mountains or assisted the Town with the goal of land preservation. He noted that the applicant's proposed figure was the highest amount per acre received to date. He stated that the project was a use that the Town needed as it encouraged support of the local economy in the future and was consistent with the subdivision hillside regulations. Mr. Farrell pointed out that this applicant had come to staff a long time ago with this project. The applicant had diligently gone through the washes and undesignated tracks, visited homeowners associations, made numerous attempts to secure suitable land for the transfer only to come back to staff frustrated because they could not find that land. The applicant had patiently waited while the Town went through the litigation process regarding the mountain settlement and the Target negotiations in order to produce a price per acre so that they could add-on to their facilities. In considering the development agreement and the amount of money involved, he felt if was important that the Council be aware that the applicant had been as cooperative and patient as possible with staff in terms of trying to satisfy the Town's requirements. Director Valder mentioned that staff had been interested in the applicant getting a consensus of approval from the neighborhood, as it was a relatively new community. It was staffs understanding that there weren't any objections from the neighbors. Staff had been concerned and had not wanted to make a recommendation that would aggravate the neighbors living in close proximity to the hotel. Councilwoman Hutcheson MOVED to accept the Development Agreement as presented and Vice Mayor Kavanagh SECONDED the motion. Councilwoman Ralphe questioned that since this project involved hillside disturbance, could these funds should be earmarked for land preservation. Mr. Farrell responded it would be, as the money would be used to reduce the bond indebtedness or to start a fund for additional acquisition. Director Valder directed attention to the paragraph in the ‘1416.,...igreement where it defined what the funds would be used for. Town Council Meeting Minutes 10/18/01 Page 5 of 6 The motion CARRIED unanimously. AGENDA ITEM#8. CALL TO THE PUBLIC. L.No one came forward. AGENDA ITEM#9. ADJOURNMENT. Vice Mayor Kavanagh MOVED to adjourn and Councilwoman Fraverd SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 8:50 p.m. TOWN OF FOUNTAIN HILLS By. aron Morgan,Mayo ATTEST: (sitAA-t-&-.16 )2'4-AAA— Cassie B. Hansen, Director of Administration/Town Clerk PREPARED BY: /�� __- Bev Bender, /ecu a 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 18th day of October 2001. I further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of November 2001. CAL44...A- 13� ) Cassie B. Hansen, Director of Administration/Town Clerk L Town Council Meeting Minutes 10/18/01 Page 6 of 6