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HomeMy WebLinkAbout2004.1104.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 4,2004 Mayor Nichols called the meeting to order at 6:30 p.m. ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Vice Mayor Archambault, Mayor Nichols, Councilman Kehe, Councilman Kavanagh, Councilman Schlum, and Councilwoman Nicola. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Town Clerk Bev Bender, and Accounting Supervisor Julie Ghetti were also present. Councilman McMahan was absent from the meeting. MAYOR'S REPORT Mayor Nichols read a proclamation declaring the month of November 2004 as "Arts Awareness Month" and the week of November 15th through November 19th as "Arts in Education Week." Mayor Nichols read quotes from Bella Lewitzky, Jane Addams and Ariel and Will Durant in support of the arts and noted that the Fountain Hills Cultural Council actively supports the theory that the arts should be an integral and important part of education, thereby combining the_two essential components of arts and education that are necessary to sustain society, enrich our future and transmit our civilization as we know it. He added that Fountain Hills' teachers, in conjunction with the Cultural Council, understand that all fields of learning are integrated and are actively pursuing and supporting the goals to provide inspiration, give pleasure and meaning to life, and teach personal discipline. Mayor Nichols said that it is his honor to so proclaim "Arts Awareness Month" and "Arts Awareness Week" in the Town of Fountain Hills. tilbr Mayor Nichols requested that Town Manager Tim Pickering meet him at the front of the podium. Mayor Nichols said that in the newspaper the week before last, there was a picture of Mr. Pickering and the Mayor wearing their hats, Mr. Pickering a St. Louis hat and the Mayor a Boston Red Sox hat. He stated that at that time they placed a little wager on the series and the loser of that wager agreed to wear the winner's hat during the Council meeting. He presented Mr. Pickering with his official Boston Red Sox hat, which he got the pleasure of wearing during the meeting. Mayor Nichols commented that the hat looked very good on Mr. Pickering and he responded that it took 86 years to win. CALL TO THE PUBLIC Town Clerk Bev Bender advised that there were three citizens who wished to address the Council and the Mayor asked them to come forward and present their remarks. Nancy Henry, 15649 Golden Eagle Ms. Henry addressed the Council and said that on October 7th, by a majority vote of 4 to 2, the Council voted to direct all truck traffic for the Eagle's Nest development onto Golden Eagle Boulevard. She stated that Town staff recommended that the loaded trucks entering Eagle's Nest should use Sunridge Drive. She added that the Town Attorney told the Council that allowing loaded trucks on Golden Eagle would result in liability problems. She advised that both staffs recommendation and the Town Attorney's were based on issues of safety and civil liability caused by the 19% grade on Golden Eagle. She explained that the steep grade made it extremely dangerous for loaded trucks to use this route and added that it appears that four of the Councilmembers chose to ignore this information and voted for the Golden Eagle route designation. She stated the opinion that consequently, the Council has put the residents of Golden Eagle in danger and the Town at greatly increased financial risk. Ms. Henry said that since she lives on Golden Eagle, she was concerned about her safety, the safety of her family, friends, and neighbors. She stated that she was also concerned about the safety of the Town's residents E:\BBender\Documents\Current Minutes 2004\Regular Session 11-04-04.doc Page 1 of 11 and expressed the opinion that it was irresponsible of the Council to provide safe passage for one neighborhood in Town while putting another at considerable risk. She added that it was also irresponsible of the Council to endanger the Town's financial stability by not protecting the Town against increased civil liability when a dangerous accident occurs on Golden Eagle Boulevard. She said she would give the Council the benefit of the doubt and work on the idea that those members who voted for the Golden Eagle truck designation did not understand all of the facts presented and urged the Council to reopen the truck route issue, hire an independent traffic engineer to review the suitability of the Golden Eagle truck route and to reexamine the information provided. She also asked that the Council sit down with the Town Attorney, ask for clarification of the elements of increased civil liability that they apparently did not understand, and then make an informed decision that provides for the safety of all the residents and the financial health of the community. Mayor Nichols thanked Ms. Henry for her comments and asked Mr. Pickering to place an item on the next meeting agenda to allow the Council to have a discussion as to whether they want to hire a consultant or not. John McNeill, 14508 N. Creosote Mr. McNeill thanked the members of the Council for having the good sense to accept the common sense determination they made with their own eyes and experience in rejecting the use of Sunridge Canyon Drive as a through truck route for construction in the mountains. He said that it was very easy for the Council to accept staffs recommendations,that really did not require a lot of thought, but noted that staff was not always right and they were not right about using Sunridge Canyon. He applauded the Council for using their common sense to make the proper decision. He stated that if there was a problem with using Golden Eagle for truck traffic, the Town had a clear chance to rectify the problem when Sunridge was being built by requiring a safe truck route to be built at that time. Mr. McNeill noted that Sunridge was a very narrow, less than 12 feet of asphalt per vehicle) curvy, (with a very poor line of sight and no room for escape if a truck traffic conflict arises) road that does not even meet the specified width for a collector, which by ordinance "shall only be located within and provide access to single- family residential and open space." He pointed out that the hill on Golden Eagle is over 165-feet high but emphasized that it was as straight as an arrow and has 60+ feet of pavement. He said that although they keep hearing about 19% grade, to the best of his recollection that was averaged up from 18.something. He stated that the average grade for that hill was around 13% and the best he could figure out from looking at maps for the steepest 40 feet of it was that the grade is around 15 to 16%. He expressed the opinion that the 19% grade was for an extremely short length and again thanked the Council for using their common sense and voting for the right thing rather than simply rely on recommendations. He also congratulated the Council on their decision to move forward with the skate park and added that they will hear a lot about the Town saving a considerable amount of money by refinancing the bonds this evening, another good decision. Kevin Brown, 15004 E. Golden Eagle Mr. Brown said that he represented a number of homeowners in the Golden Eagle area noted that different views had been expressed regarding truck traffic. He stated that if anyone was a citizen in the Town, they should not live anywhere near Golden Eagle Boulevard and that according to his attorney,the additional liability was upwards of $20 million over what the Town was currently insured for, a little over $2200 per general homeowner that they have to think about paying should an accident occur. He advised that this past summer the drive shaft broke on a very large truck and it rolled over and nearly took out a house within 40-feet of a bus stop. He added that within the last three days, four trucks have been unable to make it up the hill and have had to back partially down and back their way up the hill. He stated that he has provided the members of the Council with a link to his website and has videos of the action he described. He commented that the Council can talk all they want about figures, but the bottom line was that the hill was not safe for heavily loaded traffic. He invited the Council to come out to his house and witness this firsthand. Mr. Brown emphasized that his primary concern was safety and said that his 11-year old son's bedroom faced this street and his neighbor, who is a doctor, happened to have a patient that she was taking care of because a E:\BBender\Documents\Current Minutes 2004\Regular Session 11-04-04.doc Page 2 of 11 truck rolled through her house and rolled over her while she was in bed. He stated that he could see that happening very easily on Golden Eagle. He reiterated that Golden Eagle was not appropriate or safe for heavy traffic and encouraged the Council to bring in an outside consultant to take a look at this issue and said he has already engaged the services of an outside engineer and they said absolutely, in no conceivable way, could they understand how Golden Eagle would be approved for heavily-loaded truck traffic. He stated that if the Council brought in an outside engineer who states that the situation was fine, the residents would have to live with that decision but until that time he believed they were living in a very dangerous time, both financially and from a safety point of view. Mayor Nichols thanked all of the speakers for their input. Councilman Kavanagh commented that it was important for everyone to understand that the Council could not address the issue at this time because it was not on the agenda. Councilman Kehe declared a point of order and said that according to parliamentary rules, the Council could not respond at this time even to the extend that Councilman Kavanagh had commented. Councilman Kavanagh asked the Town Attorney whether he would be out of line if he told the citizens that the Council could not respond to their comments because the issue was not on the agenda but they could respond if the matter was placed on the next agenda. Mr. McGuire expressed the opinion that Councilman Kavanagh's comments were appropriate and did not "cross the line" of what was permissible under the Call to the Public. He noted that a few years ago the rule was broadened to allow the members to respond to criticism and said this certainly fell within that gamut. He added that, as always, he would caution the members of the Council not to make substantive comments during this agenda item. Councilman Kavanagh said that he just wanted to make sure that people understood that the Council did want to respond to their concerns, could not do so at the current time because the issue was not on the agenda, and because the Mayor has asked that this item be placed on the next agenda, the Council would be able to discuss this matter at the next meeting. CONSENT AGENDA Mayor Nichols advised that Agenda Item #10 (Consideration of approving additional staff for the Parks & Recreation Division and the Building Safety Division) has been removed from the Consent Agenda and placed on the Action Agenda at the request of Councilman Kehe. He said that this would be the first item discussed on the Action Agenda. AGENDA ITEM#1 —CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF OCTOBER 21,2004. AGENDA ITEM # 2 — CONSIDERATION OF RESOLUTION 2004-51, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AN DRAINAGE EASEMENTS LOCATED AT THE WESTERLY AND NORTHERLY PROPERTY LINES OF LOT 11, BLOCK 1, PLAT 212 (16516 E. OXFORD DRIVE) AS RECORDED IN BOOK 141 OF MAPS, PAGE 17,RECORDS OF MARICOPA COUNTY,ARIZONA,EA04-1 (ARNETT). AGENDA ITEM #3 — CONSIDERATION OF RESOLUTION 2004-52, ABANDONING WHATEVER RIGHT,TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHEASTERLY PROPERTY LINES OF LOT 28, BLOCK 3, PLAT 605C, (11037 E. BUFFALO DRIVE) AS RECORDED IN BOOK 165 OF MAPS, PAGE 14, RECORDS OF MARICOPA COUNTY,ARIZONA. EA04-22(BREGMAN). tkilor AGENDA ITEM #4 — CONSIDERATION OF RESOLUTION 2004-53, ABANDONING WHATEVER RIGHT,TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE EASTERLY PROPERTY LINE OF LOT 4, BLOCK 1, PLAT 411 E:\BBender\Documents\Current Minutes 2004\Regular Session 11-04-04.doc Page 3 of 11 (16423 E. KINGSTREE BLVD.) AS RECORDED IN BOOK 149 OF MAPS, PAGE 0, RECORDS OF MARICOPA COUNTY,ARIZONA. EA04-18 (FISCHER). Le AGENDA ITEMS #5 — CONSIDERATION OF RESOLUTION 2004-54, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE EASTERLY PROPERTY LINE OF LOT 7, BLOCK 9, PLAT 204 (11039 N. VALLEY DRIVE) AS RECORDED IN BOOK 142 OF MAPS, PAGE 19, RECORDS OF MARICOPA COUNTY,ARIZONA. EA04-19 (WOLNY). AGENDA ITEM # 6— CONSIDERATION OF RESOLUTION 2004-55, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE WESTERLY PROPERTY LINE OF LOT 8,BLOCK 1,PLAT 403B (16650 E. NICKLAUS DRIVE) AS RECORDED IN BOOK 155 OF MAPS, PAGE 34, RECORDS OF MARICOPA COUNTY,ARIZONA. EA04-20 (DONAHUE). AGENDA ITEM #7 — CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR "PRIMROSE CONDOMINIUMS," A 2-UNIT CONDOMINIUM PROJECT LOCATED AT 16017 E. PRIMROSE DRIVE,AKA FINAL PLAT 601A,BLOCK 1,LOT 45, CASE#S2004-24. AGENDA ITEM #8 — CONSIDERATION OF THE FINAL AMENDED PLAT FOR "THE LOST ARROW ESTATES," A 2-UNIT CONDOMINIUM PROJECT LOCATED AT 16529 LOST ARROW DRIVE,AKA FINAL PLAT 206,BLOCK 3,LOT 12; CASE#S2004-25. AGENDA ITEM #9 — CONSIDERATION OF CORRECTING A SCRIVENER'S ERROR REGARDING THE ADDRESS OF THE PRELIMINARY AND FINAL PLAT FOR DESERT DOS CONDOMINIUM," A 20-UNIT CONDOMINIUM PROJECT APPROVED ON OCTOBER 21, 2004. THE CORRECT ADDRESS IS 16814 E. IBSEN DR., AKA FINAL PLAT NO. 104, BLOCK 15, LOT 2; CASE#S2004-20. Vice Mayor Archambault MOVED to approve the Consent Agenda as read (Items 1-9) and Councilman Kehe SECONDED the motion. A roll call vote was taken with the following results: Councilman Kehe Aye Councilman Schlum Aye Councilman Kavanagh Aye Councilwoman Nicola Aye Mayor Nichols Aye Councilman McMahan Absent Vice Mayor Archambault Aye The motion CARRIED UNANIMOUSLY by those present(6 to 0). ACTION AGENDA AGENDA ITEM#10—CONSIDERATION OF APPROVING ADDITIONAL STAFF FOR THE PARKS AND RECREATION DIVISION AND THE BUILDING SAFETY DIVISION. Mr. Pickering said that as the Council was aware, for some time that they had been behind in park maintenance and that was the reason why staff was requesting the additional personnel. He stated that they reduced the positions when they went through the cutbacks a little less than two years ago and added that staff was lbw requesting that they replace the requested additional staff. He added that staff also found that the Building Safety Division needed an additional inspector based upon the increased workload and the types of homes they are inspecting, i.e. custom homes that required a longer inspection period. He noted that the money for the E:\BBender\Documents\Current Minutes 2004\Regular Session 11-04-04.doc Page 4 of 11 requested positions would come from monies previously budgeted for two positions that did not get approved but the funding was in place and no budget changes had to be made. Councilman Kehe said he supported staffs position and his comments should not be interpreted as being in opposition to the additional positions. He explained that he did have a concern about the financing and stated that the Council had heard that if an item was not budgeted for, it did not happen. He expressed the opinion that this request appeared to be a variance from that process and questioned whether approval would result in setting a precedent for non-budgeted items. Councilman Kehe referred to a memo from Accounting Supervisor Julie Ghetti that stated, "It may be possible for the two departments to create savings and other line items to cover the additional costs. If so, the departments might not exceed the bottom-line budget. However, it is also possible that the new positions will cause the two departments to exceed their budget if other line items are fully spent. It will be necessary to monitor the two departments closely each month so that the directors can advise if their budgets will be exceeded." Councilman Kehe said that the above listed statement was nebulous in his opinion because it did not state where the money was going to come from. He stated that when the budget was passed in June, the Council had decided to remove two positions, the Assistant Town Manager and the Public Information Officer, from the budget. He said he would have thought that those monies would then have been eliminated from the budget but it was his understanding that although the positions were eliminated the monies remained in place and that was where they would"dip into"to fund the additional positions. Mr. Pickering clarified that the money drops into the fund balance, which was higher than anticipated because they did not budget those positions and specifically addressing Councilman Kehe's question, the money was there, it is just in the anticipated fund balance. He added that what staff was saying and what Ms. Ghetti stated in her memo was that they still did not think that they would "dip into" that because they believed they could accumulate enough savings throughout the year to pay for the six months of the positions without touching the fund balance. In response to a question from Councilman Kehe as to whether his understanding was correct, i.e. that money that was originally budgeted for two positions that were not accepted by the Council remained in the budget. Mr. Pickering responded that Councilman Kehe's understanding was incorrect. He clarified that when he says "remained in the budget" that meant the monies were budgeted under a department and said the funds were not budgeted under a department,they were dropped down into the fund balance, which is just what's remaining. Councilman Kehe responded, "A rose is a rose is a rose" and thanked Mr. Pickering for his input. Councilwoman Nicola MOVED to approve staffs request and Councilman Kehe SECONDED the motion. Mayor Nichols announced that there were citizens who wished to speak on this item. Tony Woodrell, 16347 Crystal Ridge Mr. Woodrell addressed the Council and said that he is the President of the Licensed Contractor's Association and was here representing that group as well as other builders from the Town and board members. He said they are very concerned about the building inspector issue and noted that he, Mayor Nichols, and Mr. Brown have had some discussions regarding this matter. He stated the opinion that the Town could not keep the staff that they have and said that over the last seven years, the Town has gone through some excellent inspectors for several different reasons, money or an excessive workload. He commented that he believed they need to increase the inspector's salaries and noted that the Town currently employed an excellent Building Official, Peter Johnson,and questioned whether the Town was subcontracting inspectors at the current time. (kb,,. Mr. Woodrell expressed concerns regarding inspectors that come from "out of the valley pool" and said they were more accustomed to dealing with flat lots that exist in areas such as Scottsdale and Phoenix. He added that when they were faced with the numerous inspections that occur on issues such as retaining walls, the process E:\BBender\Documents\Current Minutes 2004\Regular Session 11-04-04.doc Page 5 of 11 became extremely drawn out. He commented on the projects that were coming on line in the near future and highly recommended that the Council approve the hiring of a senior building official. He added that in a perfect world he would like to see the Town hire three or four inspectors and discussed concerns regarding the quality of inspections when the Town begins to subcontract for that service. He stated the opinion that a good inspector makes a bad builder good and helps the better builders. He requested that the Council approve the position. Jack Bercel, 17220 Malta Drive Mr. Bercel addressed the Council Members and stated that since the Town incorporated, the Licensed Contractor's Association was the first group of people who stood up and said they were incorporated because of their industry, they wanted to have facilities in Town and they wanted a good handle on it. He stated that some inspectors from throughout the valley would conduct inspections from the street and that was not what they wanted. He expressed the opinion that the Town had tried everything up to this date and has lost some very good inspectors. He said that he highly recommends that they have a top quality commercial inspector in their midst as well as two solid field inspectors to pick up remodeling, fencing, additions, and second stories for residential home construction. Mr. Bercel noted that the construction industry, which they have been dealing with, has played a very vital part and the building safety division has been shortchanged. He said he recommended that the Council find the money somewhere to hire qualified people and build strongly. He added that he has great faith in Tom Ward, as he knows the insides and outsides of the construction industry. He said that the Town Manager, working with Tom Ward, could develop a solid program that could include a qualified individual over the commercial area and who could move into the residential division. He said they wanted to retain the good workers they have and asked the Council to look hard to identify the necessary dollars. Gordon Pittsenbarger, 15620 E. Cholla (Plir Mr. Pittsenbarger said he was speaking on behalf of himself and the other contractors of the Licensed Contractor's Association and the Board members. He encouraged the Council to hire quality people. He stated that it sound to him as though they were going to sacrifice two positions to hire a senior person and said he hopes that is not the case. Mayor Nichols ensured him that this was not the case. Mr. Pittsenbarger informed the Council that items are being missed during the plan review process and said those mistakes will be caught out in the field if they bring in quality people. He said otherwise those mistakes, if undetected, would negatively impact the community. Dennis Brown, 17010 Kiwanis Drive Mr. Brown commented that the homeowners in Fountain Hills were paying good money for permits and the builders were paying their taxes, which generated a lot of revenue for the Town. He said they feel as though they are being shortchanged, not only the contractors but also the homeowners in not having a solid building department. He stated that the Town has a great building chief, Peter Johnson, and a good staff who works the counter. He added that the number of plans that the plan checkers review are large in number and the checkers are going to miss some things. He stated that it was up to the inspectors to pick up what they missed in the field so the liability ultimately comes back to the Town. He strongly encouraged the Council to hire a senior building inspector who was experienced, someone who knows the ropes as well as a second inspector to keep up with the fences, remodels and additions that are going on. He stated the opinion that the Town of Fountain Hills deserves to have this happen. ., Mayor Nichols thanked all of the speakers for their input. There being no additional citizens wishing to speak on this item, the Mayor called the question. E:\BBender\Documents\Current Minutes 2004\Regular Session 11-04-04.doc Page 6 of 11 Councilwoman Nicola MOVED and Councilman Kavanagh SECONDED a motion to approve the request for additional staff. The motion CARRIED UNANIMOUSLY by those present (6 to 0). AGENDA ITEM #11 — QUARTERLY UPDATE BY LAW ENFORCEMENT AND THE FIRE DEPARTMENT. Mr. Pickering advised that Sergeant Siemens from the Maricopa County Sheriff's Office (MCSO) would provide an overview of what happened during the last quarter (first quarter of the Town's fiscal year). Sgt. Siemens noted that the Sheriff's Office experienced a slight increase in the calls for service, up 183 from the last quarter and 600 from the year before because of a population growth. He noted that the number of reports taken is also increasing at a level equivalent to the calls for service. Discussion ensued relative to the fact that criminal homicides remain at zero; sex crimes (adult and minor) increased by one, which brought them back to where they were last year at the same time; no change in the number of robberies, an increase of 1 from 2003; an increase of 3 aggravated assaults over the last quarter and an increase of 1 over the year prior; burglaries (residential, business and vehicles)there was a decrease in stolen vehicles and thefts; and traffic citations and accidents increased (due to the migration of returning winter visitors). Sgt. Siemens noted that MCSO Special Investigations detectives completed a three-month investigation (sting operation) culminating_in 45 arrests for drug violations and the Community Services Section hosted a very successful 6th annual golf tournament to benefit Midnight Madness. He also recognized the volunteers who devoted 1131 hours during the quarter and 585 of those hours were spent patrolling the Town. He said that the remaining hours were spent on crime prevention programs, assisting at crime scenes, training and performing other Sheriffs Office duties. L. In response to a question from the Mayor, Sgt. Siemens confirmed that the number of car thefts included the theft of Sheriffs vehicle. Captain Kleinheinz commented that the criminal was apprehended and wound up going to jail. Captain Kleinheinz said that the last time he appeared before the Council, the Vice Mayor requested that they do a better breakdown on the types of thefts. He stated that he was a firm believer in the use of technology and said that the Sheriffs Office had migrated to a records management system that would allow them to "mix and match" and do all of the wonderful things he anticipated it would. He added, however, that they were not at that point at this time and the only way they could capture that information would be to take the number of reports that the Council just saw and go through them by hand one at a time throughout the quarter. He noted that Bob Burns comes to the office every day and does an update on the web and they have the criminal activity report in the paper. He said if there was something specific the Vice Mayor or other members of the Council would like to know, he would be happy to work with them to obtain that information. The Vice Mayor thanked Captain Kleinheinz and said he would wait until technology made that information accessible. Councilwoman Nicola commented on the fact that the Courts equipment was much more sophisticated and suggested that the Captain attempt to coordinate efforts with the Courts in an effort to accommodate the requests for information. Captain Kleinheinz said that he would follow up on that and thanked Councilwoman Nicola for the information. Councilman Kavanagh expressed his appreciation for the Posse Program and the extensive hours they gave to the Town. The Captain agreed that they were very lucky to have so many dedicated individuals willing to help. Discussion ensued relative to the efforts that are being expended to move the patrol units closer to the schools during the times that school begins and ends to control the amount of traffic that was going there and at the Boys &Girls Club and anywhere else where there was interaction between youths and vehicles. E:\BBender\Documents\Current Minutes 2004\Regular Session 11-04-04.doc Page 7 of 11 Chief Mark Zimmerman addressed the Council and highlighted a brief presentation on the Fountain Hills' Rural/Metro Fire Department first quarter report. He noted that call volume decreased slightly in the non- emergency calls; call type comparisons; a slight decrease in the total response time; additional training hours Nair and the fact that the average monthly training hours per firefighter assigned to Fountain Hills was 19 hours; a drop in fire prevention activity from the last quarter; activities for the quarter that includes completed OSHA Training and Fit Testing, Ladder 823 annual inspection and aerial certification; Engine 822 and Ladder 823 passed the annual pump test and the fact that the Chief attended the Arizona Fire Chiefs Association annual conference. Mayor Nichols thanked everyone for the updates and recognized both the Maricopa County Sheriffs Office and the Judge's Office on the implementation of the Teen Court. He said that working together Captain Kleinheinz and Judge Armbruster had done an excellent job. AGENDA ITEM#12—CONSIDERATION OF RESOLUTION 2004-58,APPROVING THE ISSUANCE AND SALE OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, MUNICIPAL PROPERTY CORPORATION FACILITIES REVENUE REFUNDING BONDS, SERIES 2004, NOT TO EXCEED $7,300,000 AND DECLARING AN EMERGENCY. Accounting Supervisor Julie Ghetti addressed the Council regarding this agenda item and advised that Resolution#2004-58, if approved, would authorize the issuance of approximately $7 million in refunding bonds for the Fountain Hills Municipal Property Corporation (MPC). She noted that in 1999 the Town formed a MPC whose purpose was to finance public infrastructure. In 2000, the MPC issued bonds for the community center (approximately $4 million). She explained that the bonds are repaid through the General Fund, there was not a dedicated revenue source set up at that time for the community center. She noted that in 2001, the MPC issued bonds for open space in the McDowell Mountains for approximately $7 million and those bonds are repaid with a dedicated revenue source from a local excise tax. ,,. Ms. Ghetti stated that staff has been waiting for the opportunity to refinance the bonds and with the current market conditions, refinancing both of these issues will save the Town approximately $400,000 over the life of the bonds. She pointed out that attached to Resolution#2004-58 is an analysis of the savings on both issues and said that on the mountain bonds there is a surplus in the excise tax of approximately $1.5 million and stated that this savings takes into account the fact that they would put that money towards the principle and reduce the debt time period by approximately five years in addition to saving $300,000. She advised that a representative from the Town's Financial Advisors, Peacock, Hislop, Staley, and Given was present as well as MPC Counsel Mr. Scott Ruby from Gust Rosenfeld to respond to any questions from the Council. Councilman Kehe MOVED and Vice Mayor Archambault SECONDED a motion to approve Resolution #2004-58. In response to a question from Councilman Kehe, Ms. Ghetti confirmed that the $1.5 million would be used to pay down the mountain debt, not the community center debt. She also verified that the savings are net of expenses and include the cost of refinancing,etc. Vice Mayor Archambault posed a question about the savings for the community center bonds and Ms. Ghetti advised that the savings for the community center bonds, because they are repaid through the general fund will be savings to the general fund. She explained that the surplus in the excise tax was dedicated for the mountain bond payments while the community center was just repaid from the general fund so any savings would just go back to the general fund. Ms. Bender advised that there were no citizens wishing to speak on this item. The motion CARRIED UNANIMOUSLY by those present(6 to 0). E:\BBender\Documents\Current Minutes 2004\Regular Session 1 I-04-04.doc Page 8 of 11 AGENDA ITEM#13—CONSIDERATION OF RESOLUTION 2004-59,APPROVING THE ISSUANCE AND SALE OF TOWN OF FOUNTAIN HILLS, ARIZONA, MUNICIPAL PROPERTY CORPORATION FACILITIES REVENUE BONDS, SERIES 2004, NOT TO EXCEED $3,800,000, Nitar AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATIVE TO SUCH SALE,AND DECLARING AN EMERGENCY. Ms. Ghetti addressed the Council relative to this agenda item and said that approval of Resolution #2004-59 would authorize the issuance of approximately $3.6 million to fund Civic Center Phase II. She noted that the Board of the Municipal Property Corporation (MPC) will approve the issuance of these bonds on October 25th and the Council's approval of the resolution would authorize staff to proceed with the process Vice Mayor Archambault MOVED to approve Resolution #2004-59 and Councilman Kehe SECONDED the motion. The Vice Mayor asked the reason behind declaring an emergency and Mr. Pickering responded that they needed to close on them before November 30`h. Councilwoman Nicola said that she did not understand (on Page 5) what the sentence "the Town Manager is authorized to complete the notice inviting bids to modify any terms or provisions of the Series 2004 Bonds, etc." She asked what terms and provisions there would be that could change after the Council approved the resolution. Mr. Pickering explained that the interest rate could change as well as the anticipated amount of$3.6 million that could be $3.5 or $3.7 million. He said that all they are doing now was going on estimates of what the market is and until the day they actually have the sale of the bonds, they would not know the exact amount. The authorization provides the Town Manager with the flexibility to sign off on those up to that amount. AGENDA ITEM #14 — COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. Councilman Kehe said he would like to discuss what was done during the Call to the Public and believes he can do so under the next agenda item. Mayor Nichols clarified that Agenda Item #15 was supposed to allow a Councilperson to put an item here so they can see if there were three other Councilmembers who also wanted to talk about the item at a future meeting. He said that would have to be done prior to the meeting. Councilman Kehe asked whether he could discuss the issue under this agenda item and said that his dilemma was that the Town Manager was directed to place an item on a future agenda during the Call to the Public. He said he believed he should have the opportunity to respond to that and he had thought Agenda Item#15 would be the proper place to do so. He stated that he would yield to the Town Attorney's opinion. Mr. McGuire noted that the items under Agenda Item#15 dealing with future items was the place they reserved for Councilmembers who did not have the requisite three Councilmembers, the Mayor or the Manager placing something on the agenda, to provide an opportunity to a Council Member who felt he/she was not being heard. He added that the item has to be on the agenda as something to discuss, to discuss the propriety of placing it on a future agenda. He said that with respect to the Call to the Public, the State law provides the opportunity for the Council to respond to criticisms but also provides an opportunity for staff to be directed to do something in response to the items raised. He added that according to Council Rules, the Mayor had the authority to place something on the agenda by himself and could direct staff to place an item on a future agenda in response to an issue raised during the Call to the Public. Councilman Kehe said he would abide by Mr. McGuire's ruling but added that somewhere along the line they ought to have the opportunity as Councilmembers to respond to an item that is going to be placed on a future E:\BBender\Documents\Current Minutes 2004\Regular Session 11-04-04.doc Page 9 of 11 agenda when it appears that they are circumventing the rule that says for an item that was passed, namely the truck route a month ago, in order for that to get reconsidered one of the yes votes would have to request that Loyconsideration. He said he has great respect for the Mayor and everyone on the dais but it seems to him that the question of hiring a consultant to determine the best route was intimately related to the decision this Council made a month ago, declaring the route they wanted. He added that unless one of the four people who voted yes on that resolution requests that it be reconsidered, according to the parliamentary rules that he has read, reconsideration could not take place unless one of the four requests it. Mr. McGuire expressed the opinion that the fine distinction between what was a motion for reconsideration and a new matter that did the exact same thing was probably as gray as it can be. He stated that according to parliamentary procedure they could have no motion to reconsider under the rules and then the following Council meeting they could have an exact contrary resolution brought forth before the Council as a new resolution for consideration and it could be considered by the Council in the same manner. He said it was not common but also not unheard of for Councilmembers to have a change of heart not long after a decision and have a decision come back before them that was a lot like the one before. He stated that the ability of Council Members to bring up something similar is still preserved, even after the vote on the original resolution. Councilman Kehe questioned whether the rule published in the book the members were given was useless (requiring one of the yes voters to request reconsideration). Mr. McGuire responded that for a specific item to be reconsidered, it has to follow that rule. He said that rule was mainly in effect to come within a 30-day time period for effectiveness_for most ordinances so if there was a decision that someone wanted to change their mind on, staff wanted it to happen within that 30-day effective period so that the ordinance or resolution never takes effect. He stated that if it happens outside of that period and someone wants to resurrect an issue, the legislative policy of the Council was prone to change. AGENDA ITEM #15 — 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) OR DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: None. AGENDA ITEM#16—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER None AGENDA ITEM#17—ADJOURNMENT Councilman Kavanagh MOVED that the Council adjourn and Councilwoman Nicola SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6 to 0). The meeting adjourned at 7:37 p.m. L E:\BBender\Documents\Current Minutes 2004\Regular Session 11-04-04.doc Page 10 of 11 TOWN OF FMNTAIN HIL By WalYy Nib s,' ayor ATTEST AND / PREPARED BY: `~ i ,+ Bevelyn J. Ble#1der4 Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills on the 4th day of November 2004. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of November 2004. (-6/?")4 Bevelyn J. Benda,Town Clerk L L E:\BBender\Documents\Current Minutes 2004\Regular Session 11-04-04.doc Page 11 of 11