HomeMy WebLinkAbout2004.1202.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
DECEMBER 2,2004
Mayor Nichols called the meeting to order at 5:00 p.m.
ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council:
Vice Mayor Archambault, Mayor Nichols, Councilman Schlum, Councilman Kavanagh, Councilman
Kehe, Councilman McMahan and Councilwoman Nicola. Town Attorney Andrew McGuire, Town
Manager Tim Pickering, and Town Clerk Bev Bender.
AGENDA ITEM#1 - VOTE TO GO INTO EXECUTIVE SESSION: (I) PURSUANT TO A.R.S.
§38-431-03.A.1, FOR DISCUSSION OR CONSULTATION 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 THE
DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC
BODY SHALL PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH WRITTEN
NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN
TWENTY-FOUR HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO
DETERMINE WHETHER THE DISCUSSION OR CONSIDERATION SHOULD OCCUR AT
A • PUBLIC MEETING. (SPECIFICALLY, INTERVIEWING COMMUNITY CENTER
ADVISORY COMMISSION APPLICANTS.); AND, (II) PURSUANT TO A.R.S. §38-431-03.A.4,
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, A REFUND CLAIM BY A TAXPAYER AND UPDATE ON
LJUBOMIR ATANASOFF VS.THE TOWN OF FOUNTAIN HILLS.)
Councilman Archambault MOVED to convene the Executive Session and Councilman Schlum
SECONDED the motion, which CARRIED UNANIMOUSLY.
Mayor Nichols recessed the Executive Session at 6:25 p.m.
Mayor Nichols reconvened the Regular Session at 6:30 p.m.
AGENDA ITEM#2 - RETURN TO REGULAR SESSION
ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council:
Vice Mayor Archambault, Mayor Nichols, Councilman Schlum, Councilman Kavanagh, Councilman
Kehe, Councilman McMahan and Councilwoman Nicola. Town Attorney Andrew McGuire, Town
Manager Tim Pickering, and Town Clerk Bev Bender.
CALL TO THE PUBLIC
Art Tolis, 16850 Parkview Ave. (Saguaro Blossom Mortgage,LLC)
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Mr. Tolis provided a copy of a proposal that was to come before the Planning and Zoning Commission
the following week. He discussed that his intent tonight was to provide the same information to the
Council so they were aware of the situation and his impending zoning request.
Mayor Nichols read the consent agenda(items 1 —6).
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE COUNCIL MEETING
MINUTES FROM NOVEMBER 9,2004.
AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2004-61, ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN DRAINAGE
EASEMENT LOCATED AT THE NORTHERLY PROPERTY LINES OF LOT 46, BLOCK 1,
PLAT 101 (14030 N. EL PUEBLO BLVD.) AS RECORDED IN BOOK 141 OF MAPS, PAGE12,
RECORDS OF MARICOPA COUNTY,ARIZONA. EA04-25 (JAMBORSKI)
AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2004-62, ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC
UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE WESTERLY PROPERTY
LINES OF LOT 10, BLOCK 4,PLAT 505A (15406 N. BLACKBIRD DRIVE) AS RECORDED IN
BOOK 158 OF MAPS, PAGE 40, RECORDS OF MARICOPA COUNTY, ARIZONA. EA04-26
(KING)
AGENDA ITEM #4 - CONSIDERATION OF APPROVING THE RELEASE OF $145,000 AS
APPROPRIATED IN THE FY04-05 GENERAL FUND BUDGET TO SUPPORT THE BOYS
AND GIRLS CLUBS OF THE GREATER SCOTTSDALE,FOUNTAIN HILLS BRANCH.
. AGENDA ITEM #5 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION
SUBMITTED BY CIRCLE K STORE #6664, LOCATED AT 17125 E. SHEA BLVD. THE
'gm)APPLICATION IS FOR A CLASS 10 LICENSE.
AGENDA ITEM #6 - CONSIDERATION OF APPROVING THE CONTRACT WITH J2
ENGINEERING AND ENVIRONMENTAL DESIGN FOR THE TRAILHEAD GRADING
DESIGN.
Vice Mayor Archambault MOVED to approve the Consent Agenda as read and Vice Councilman
McMahan 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 Aye
Vice Mayor Archambault Aye
The motion CARRIED UNANIMOUSLY(7 to 0).
AGENDA ITEM #7 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO
IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE
IMPROVEMENTS FOR FUTURE MEETINGS.
NONE
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AGENDA ITEM #8 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (I) PLACING
SUCH ITEMS ON A FUTURE AGENDA FOR ACTION OR (II) DIRECTING STAFF TO
CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL:
NONE
AGENDA ITEM#9- SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER.
NONE
AGENDA ITEM#10-ADJOURN.
Councilman McMahan MOVED that the Council adjourn and Vice Mayor Archambault SECONDED
the motion, which CARRIED UNANIMOUSLY (7 to 0). The meeting adjourned at 6:44 p.m.
Mayor Nichols reconvened the Executive Session at 6:46 p.m.
Councilman Kavanagh MOVED that the Council adjourn the Executive Session and Vice Mayor
Archambault SECONDED the motion, which CARRIED UNANIMOUSLY (7 to 0). The meeting
adjourned at 7:00 p.m.
TOWN OF_ UNTAIN HILLS-,
By
Wally ,. c-iolMayor
ATTEST AND
PREPARED BY:
4/./,
Bevelyn J. Bea' er, wn Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and
Executive Sessions held by the Town Council of Fountain Hills on the 2°d day of December, 2004. I
further certify that the meeting was duly called and that a quorum was present.
DATED this 16th day of December, 2004. //
4 , •
Bevelyn J. Bend ,T n Clerk
tow
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