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HomeMy WebLinkAbout2002.1017.TCRE.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL October 17,2002 Mayor Jon Beydler convened the regular session at 5:30 p.m. 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 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 WITH REGARDS TO SUPERIOR COURT CASE NUMBER CV2002-016736. Vice Mayor Fraverd MOVED to convene the executive session. Councilman Melendez SECONDED the motion. The motion CARRIED unanimously. Mayor Beydler recessed the executive session at 6:30 p.m. AGENDA ITEM#2-RETURN TO REGULAR SESSION Mayor Beydler reconvened the regular session at 6:35 p.m. Following the pledge to the flag and an invocation by Councilman Rick Melendez,roll call was taken: ROLL CALL -Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jon Beydler, Vice Mayor Leesa Fraverd, and Councilpersons Kathleen Nicola, Mike Archambault, Rick Melendez, Susan Ralphe, and John Kavanagh. Also present were Town Attorney Andrew McGuire, Town Manager Tim Pickering, and Director of kdministration/Town Clerk Cassie B. Hansen. Mayor Beydler read the proclamation that declared November 8,2002,as "World Town Planning Day". Mayor Beydler read the Consent Agenda (Items 1—8): AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF OCTOBER 3,2002. AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION POST 58 LOCATED AT 16837 E. PARKVIEW AVE. THE REQUEST IS FOR A FUNDRAISER FOR LEGION CHARITIES TO BE HELD ON NOVEMBER 8 THROUGH 10, 2002, FROM 9:00 A.M. TO 10:00 P.M. ON FRIDAY AND SATURDAY AND 10:00 A.M.TO 10:00 P.M.ON SUNDAY. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY BRUCE THULIEN FOR THE VETERANS OF FOREIGN WARS, POST 7507, 15759 MUSTANG DRIVE. THE REQUEST IS FOR A FUND RAISER TO BE HELD IN CONJUNCTION WITH THE FALL FESTIVAL SCHEDULED FOR NOVEMBER 8 THROUGH 10,2002,FROM 10:00 A.M.TO 6:00 P.M. AGENDA ITEM #4 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY SALVATORE RIPOLI FOR MA MA'S ITALIAN KITCHEN LOCATED AT 16852 E. PARKVIEW AVENUE. THE REQUEST IS FOR A NEW SERIES 12 RESTAURANT LIQUOR LICENSE. AGENDA ITEM #5 - CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE 2-UNIT HAPPINEST 4 2 CONDOMINIUMS LOCATED AT 12236 N.DESERT SAGE DRIVE,AKA PLAT 206,BLOCK 8,LOT 30,CASE NUMBER S2002-40. LorriGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2002-41 ABANDONING WHATEVER RIGHT, ITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE WESTERLY AND NORTHERLY PROPERTY LINES OF LOT 30, BLOCK 8, PLAT 206 E:\My Documents\Documents\Current Minutes 2002\Minutes\Regular Session 10-17-02.doc Page 1 of 6 (12236 N. DESERT SAGE DRIVE) AS RECORDED IN BOOK 147 OF MAPS, PAGE 2 RECORDS OF MARICOPA COUNTY, ARIZONA. EA2002-18 (STIPULATIONS INCLUDED). JEROME & DARLENE JAFFE AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 2002-42 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE OF LOT 32, BLOCK 2, PLAT 602 B (15948 E. JERICHO DRIVE)AS RECORDED IN BOOK 166 OF MAPS,PAGE 32 RECORDS OF MARICOPA COUNTY, ARIZONA EA2002-22(STIPULATION INCLUDED). JOHN MADDEN JR. AGENDA ITEM #8 - CONSIDERATION OF ORDINANCE 02-14 AUTHORIZING CHANGE OF THE MAXIMUM SPEED LIMITS ON CERTAIN ROADS AND STREETS WITHIN THE TOWN OF FOUNTAIN HILLS IN ACCORDANCE WITH TOWN CODE, CHAPTER 12, TRAFFIC, ARTICLE 12-2 TRAFFIC CONTROL,SECTION 12-2-2,TRAFFIC CONTROL DEVICES AND A.R.S. § 28-703. Councilman Kavanagh requested that agenda items 9 and 10 be removed from the consent agenda to allow discussions. Councilman Kavanagh MOVED to approve the consent agenda (items 1-8) and Vice Mayor Fraverd SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM #9 - CONSIDERATION OF APPROVING A MEMORIAL PROGRAM FOR FOUNTAIN PARK. Councilman Kavanagh explained that he had requested agenda items 9 and 10 be placed on the regular agenda because the public would be interested and this forum could provide free advertisement for the program. Parks and Recreation Director Mark Mayer said this was brought forward in part to publicize the program and was a policy that has been in place for several years. To his knowledge this program had not been in front of the Council so he wanted to take this opportunity to ensure that the Council and the public were aware of the program. The park program had been designed to recognize the loss of someone within a family. Director Mayer provided a brochure, which outlined iih_he program. He clarified that the intent had been to publish a brochure that could be handed out or mailed with an explanation about the program. He reviewed the options as outlined in the brochure and how the fees had been decided. He stated that the initial public reaction has been positive. Councilman Archambault MOVED to approve the program as presented and Councilwoman Ralphe SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM #10 - CONSIDERATION OF ACCEPTING A PIECE OF ART DONATED BY THE CIVIC ASSOCIATION AND THE SUNRIDGE FOUNDATION TO BE DISPLAYED AT THE COMMUNITY CENTER AND LIBRARY/MUSEUM COURTYARD. Director of Administration/Town Clerk Cassie Hansen said that this was the second year in a row the Sunridge Foundation and the Civic Association were pooling their efforts to buy another piece of artwork to add to the Town's collection at the Town Center Complex. The Public Arts Committee and the Arts Council approved this piece. They requested that the Council favorably accept this piece of art as part of the Town's collection. She noted that the art unveiling was scheduled for November 2, 2002, at the Sunridge Foundation Dinner. Staff recommended approval. Councilman Kavanagh clarified that the Civic Association did not want to be accused of taking credit since the money had actually come from the Sunridge Foundation. Mayor Beydler asked Director Hansen if the Arts Council was part of the entity that was donating this piece of art. Director Hansen clarified that both groups were involved. The Arts Committee did the preliminary approval and passed their recommendation on to the Arts Council who approved it last Tuesday night. Mayor Beydler asked staff to look into what the status was of the master plan for public art that the Arts Council has been working on for a couple of years. Although this donation was wonderful, he did not see the big picture. He requested that the Arts Council report to the Council as to the status of their master plan. Councilwoman Ralphe asked Director Hansen what the Town's cost was in regard to accepting this piece of art. Director trohlansen responded that the costs to the Town were minimal. In house staff provided the pad for the piece, which would E:\My Documents\Documents\Current Minutes 2002\Minutes\Regular Session 10-17-02.doc Page 2 of 6 cost well under $1,000. Insurance costs were also minimal running from $2.25 to $7.00 per thousand dollars of value. This piece was valued at$9,000. Councilman Archambault asked for the name of this piece of art. Director Hansen replied that the artist had stated he did itownot name his pieces. Therefore,at this time it remains untitled. Councilman Melendez MOVED to accept the art donation as presented and Vice Mayor Fraverd SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM#11 - INTRODUCTION OF THE NEW CHIEF BUILDING OFFICIAL PETER JOHNSON. Community Development Director Jesse Drake reviewed the new chief building official's credentials. She introduced Peter Johnson to the Council and to the residents. Mr. Johnson said he was pleased to be working for the Town of Fountain Hills. He stated he had met with some of the building contractors and looked at the development activity in the community. He felt he was a good fit for this staff and for the Town. Mayor Beydler welcomed Mr. Johnson. Councilman Archambault pointed out that he had attended the last Builders Association meeting. Their response had been that Mr. Johnson was very well accepted and they were looking forward to meeting with Mr. Johnson. AGENDA ITEM #12 - CONSIDERATION OF A REVISED CONCEPT PLAN PREPARED BY RHB ASSOCIATES, ARCHITECT, FOR THE VETERANS MEMORIAL AND A REQUEST BY THE LOCAL VFW AND AMERICAN LEGION TO APPROVE THE EXPENDITURE OF ANY FUNDS REMAINING FROM THE CONSTRUCTION OF THE CONCRETE SLAB FOR THE CANNON TO BEGIN WORK ON THE REMAINING FEATURES OF THE MEMORIAL. Parks and Recreation Director Mark Mayer reviewed that the Council had approved the initial concept plan previously. Since that time both the VFW and the American Legion had sought an architect that could take that concept plan forward through to the design and development phase. They were able to locate such an individual but had also come up with Lome additional ideas as to how this memorial could evolve. He concluded that the concept that was being presented would incorporate the elements that were originally reviewed with some additional features. Because of the additional features, he felt it appropriate to bring it back to the Council. Director Mayer explained that the second part of the discussion was a request for additional work on this particular project. He reminded the Council that during the budget review process they had approved an expenditure of $15,000 specifically for the pad. The VFW and American Legion requested that the Council consider using any of the $15,000 that was not used for the pad to pay for some of the other features. It was possible that there would be funds left due to donations of money, materials, and time from organizations and individuals. Director Mayer cautioned that all the costs were not in yet that would be associated with this particular project. He turned the presentation over to Bruce Thulien. Mr. Thulien introduced himself as the junior vice commander of the Fountain Hills VFW post. He gave a brief history of the memorial process. Their purpose this evening was twofold: to introduce Ross Bern, the project architect, and to request that the Council broaden their earlier motion and allow the $15,000 to be spent towards the entire project cost and not limited those funds to pay for the cannon pad. He conveyed to the Council that the Fountain Hills VFW was aggressively raising funds for this memorial. Mr. Thulien reviewed the various past and present fundraisers. He explained that Mr. Bern was brought in to assist the VFW and the American Legion in the design of the Veterans Memorial. He pointed out that Mr. Bern has spent a considerable amount time enhancing the original concept in order to better fit the memorial to the site. Mr. Thulien stated that the additional features made the memorial an even more exciting improvement to the park than originally planned. The Fountain Hills Veterans Memorial Committee unanimously recommended approval. Since the Council had not reviewed these revisions, the presentation on the new and improved Veterans Memorial was placed on the Council's agenda for consideration. They asked the Council's favorable consideration of the revised design. He introduced Ross Bern. Ross Bern with RHB Associates discussed the enhanced features within the Veterans Memorial project through the use of a PowerPoint presentation. E:\My Documents\Documents\Current Minutes 2002\Minutes\Regular Session 10-17-02.doc Page 3 of 6 Mayor Beydler asked where the cannon was to be placed. Mr. Bern responded within the circle. There would be a short wall that surrounded it with landscaping that would prevent the public from getting to the cannon. Mayor Beydler indicated he liked the plan. (ilaCouncilman Kavanagh asked Mr. Bern to describe the lighting. Mr. Bern replied that two levels of indirect lighting were being proposed. Indirect lighting would be used in coves for lighting of the plaques and lights would shine on the flags. General area lighting would also be used so that if there were evening celebrations, all the lights could be utilized and the area would become a very inviting place. Lighting would not shine into the neighborhoods. Councilman Kavanagh asked what was the symbolism of the windows in the wall. Mr. Bern responded that it would give the memorial an open feeling. Councilman Kavanagh found the use of the anti-skateboard techniques interesting. Mr. Bern stated that natural stone with its rough surface was proposed because it would act as a deterrent to any use other than a seating wall. Councilwoman Nicola asked how this project would affect the Town's insurance costs. Director Mayer responded that he had talked with Wally Hudson, the town's Risk Manager, who had indicated that there wouldn't be any additional charge as this memorial wasn't any different than adding any other park feature. Councilman Kavanagh MOVED to accept the conceptual plan as presented and approve the use of the monies for both the cannon pad and construction costs of the project and Councilwoman Nicola seconded the motion. Glen Kosierowski, 15704 E. Cervantes Ct. He expressed concern for the public's security because of a line of sight issue at the curved back wall. He wanted to ensure that people could utilize this memorial safely. He thought the memorial was gorgeous. Mr. Bern responded that was a design consideration as the concept evolved. The reason that the curved wall was there was it opened up the ends of that tunnel. He stated that at this stage the plan was conceptual and the wall could be moved. The idea was that this wall would provide as much of an open view into that space as possible. Mayor Beydler asked law enforcement for their comments on this plan. Sgt. Ken Martinez expressed that anytime there were areas where juveniles or undesirables could hide, law enforcement would be concerned. In looking at this concept ,, )Ian, he felt there was an area by the water between the straight and curved wall where law enforcement officers wouldn't viThave a good view from the street as they drove by. That concerned him. Mayor Beydler asked how this could be policed. He asked if it would help to have some sort of lighting? Sgt. Martinez suggested the use of low-level lighting so that no one could destroy the fixtures. Councilman Kavanagh proposed that the Council take a"wait and see"approach. Public Works Director Tom Ward said there was a possibility that the plant wall could be removed and allow for this wall to become a common wall for the site. This would expand the plant pad and the space in question would be removed. He suggested that staff could work with the architect on that proposal. The motion CARRIED unanimously. AGENDA ITEM#13 - CALL TO THE PUBLIC. Roy Kinsey, 17120 Fairway Court. He expressed concern that since the voters rejected the transfer of the secondary county tax to primary tax, this Town's finances have been stressed. He said the Council must step up and impose some severe short-term measures before their January retreat so they might provide a plan that would meet the Town's financial stresses. He explained he brought this up now so that the educational process could begin. He stated that the Town's citizens needed to know about this. He suggested it might require a short-term sales tax increase. Something was needed to increase the Town's income over the next two to three years. Glen Kosierowski, 15704 E. Cervantes Ct. He referred to his previous request for a resolution to be brought forward with respect to holding the Mayor financially accountable for his actions. He had assigned the responsibility of bringing his resolution forward to Councilwoman %..Nicola. He noted that he had not heard from Councilwoman Nicola. He thought it was odd that Councilwoman Nicola had been concerned that the ethics policy would not be off the agenda indefinitely. He read his revised resolution and E:\My Documents\Documents\Current Minutes 2002\Minutes\Regular Session 10-17-02.doc Page 4 of 6 asked that this be placed on the Council's agenda as soon as possible. He felt that Council's personal matters should not financially burden on the Town. He said that an individual needed to be held accountable for their actions but not at the expense of the Town's budget. Linda Femiano, 16331 Inca(member of LEAP) She pointed out that citations were down over the two years. LEAP was concerned about that and wanted the Council to put it on the agenda for discussion with possible direction to LEAP, the Marshals, or Sheriffs Department to check into what affect this was having on the Town. She said LEAP had received complaints of excessive speeding from members of the community. She noted that typically there might be a drug arrest from a speeding citation. LEAP asked that the Council give them their blessing to study this issue or have the town manager try to understand what was happening and why. They felt this was a concern for the community. Mayor Beydler responded to Mr. Kinsey's statement affirming that the Council shared his concerns. He said that the new town manager and his staff were gathering the information on the severity of the problem short term as well as present and long term. The Council has asked for options and would be addressing those issues prior to the end of the year. Everyone was concerned and shared Mr. Kinsey's observations. He said that the town manager would be bringing recommendations forward and the Council would review all options. Councilman Melendez noted that he had recently requested information from Julie Ghetti. All council members had received that information. He urged the Council to dedicate themselves to focusing on the financial stability of the community. He did not know how the town could afford to provide a dual law enforcement system, fire protection services, and other services that were vital to the community. He said that the taxpayers were requesting some type of assistance with regard to information. He affirmed that this was a major problem and he encouraged Mr. Pickering to start developing some ideas. He felt that the Town would have to bite the bullet, make the case to the community that these things need to be addressed, and then do what they were elected and appointed to do, which was to make those hard decisions. Councilwoman Ralphe agreed with statements made by Councilman Melendez and Mayor Beydler. She added that she ad met with Mr. Pickering and discussed a broad array of subjects. She said there was a commitment expressed by each mot the council members that getting a grip on the budgeting had to be their first priority. Councilwoman Nicola asked if a date certain could be set for the Council to expect some further discussion on this issue. Mayor Beydler asked Mr. Pickering for an update on the work-study that was being planned. Mr. Pickering said he would like to schedule a work-study session to be held in about two weeks. This would allow the Council time to review the information and options could be discussed where staff felt the most probable action should take place. Councilwoman Nicola responded to Mr. Kosierowski. She acknowledged she had received the resolution two weeks ago. She said it wasn't something that she could participate in given that it singled out one member of the Council and it didn't seem appropriate. In reading the revised resolution, she felt he wanted to extend it to the entire administration, staff and everyone. Mr. Kosierowski clarified it would extended to elected administration. Councilwoman Nicola asked that he contact the town attorney and discuss it with him. Mr. Kosierowski said he had talked with Mr. McGuire. Mr. McGuire interrupted and stopped the dialogue between Councilwoman Nicola and Mr. Kosierowski. Mayor Beydler explained that a council member could+tet-respond to public input and that was it. Vice Mayor Fraverd wanted an update on how the Town was doing on its current budget sometime in November. She asked when that would be reviewed. Mr. Pickering responded that could be addressed at the work-study session. He cautioned the Council that depending upon how the revenues came in, be it on an annual or monthly basis, those revenues could be somewhat misleading. Mayor Beydler stated that it was the Council's collective fiduciary responsibility to act responsibly in order to ensure that the Town has sufficient revenues to pay its obligations. Councilman Melendez stated that he and Councilman Kavanagh attended the LEAP meeting and have had numerous phone calls with respect to the traffic issue. He directed a letter to the town manager a couple of weeks ago asking him to Nhooneet with both the Sheriffs Department and the Marshals Department in order to get some answers and facts. He asked that as soon as the information was available, that LEAP be contacted and the process evaluated. E:\My Documents\Documents\Current Minutes 2002\Minutes\Regular Session 10-17-02.doc Page 5 of 6 Councilman Kavanagh asked that the hard data be evaluated to see if the reduction in citations had caused a problem with traffic safety. Staff was looking at accident rates and Public Works was looking into the actual tube counts in terms of speed going back two years from today. Since the secondary benefit of traffic relating to drug arrests was also brought up tonight, perhaps the Marshals and the Sheriffs Departments could give the council a review of the actual number of drug tftearrests over the last several years which stemmed from traffic stops. He was also looking for the exact quantity and types of drugs that were involved. Mayor Beydler directed the town manager to come back to the Council with a recommendation soon regarding the grant that was offered to the town for additional Town Marshals. He wanted to know how that grant might positively impact the Town's financial situation and how the additional marshals could be used to the Town's advantage. AGENDA ITEM#14-ADJOURNMENT. Councilman Archambault MOVED to adjourn the meeting and Councilwoman Ralphe SECONDED the motion. The motion CARRIED unanimously. Mayor Beydler adjourned the meeting at 7:35 p.m. TOWN OF FOUNTAIN HILLS J•� Jo eydle ATTEST: --�--1J — Cassie B. Hansen, Director of Administration/Town Cle 1116111111111 PREPARED BY: )6 `l` l ''lG't: C 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 17th day of October 2002. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of November 2002. CAAAA_As..._13 1 1 Cassie B. Hansen,Director of Administration/Town Clerk E:\My Documents\Documents\Current Minutes 2002\Minutes\Regular Session 10-17-02.doc Page 6 of 6