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HomeMy WebLinkAbout2007.1004.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL October 4,2007 Mayor Nichols called the meeting to order at 5:02 p.m. AGENDA ITEM#1—ROLL CALLAND VOTE TO GO INTO EXECUTIVE SESSION. ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Councilmember Kehe, Councilmember Leger, Vice Mayor McMahan, Councilmember Schlum, Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Kate Zanon, Planning and Zoning Director Richard Turner and Town Clerk Bev Bender were also present. VOTE TO GO INTO EXECUTIVE SESSION: (i) PURSUANT TO A.R.S. §38-431.03(A)(1), FOR DISCUSSION OR EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC 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 FOR THE PURPOSE OF REVIEWING AN APPLICATION RECEIVED FOR CONSIDERATION FOR ONE OF THE VACANCIES ON THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION) AND (ii) itity PURSUANT TO §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)A POSSIBLE UPDATE REGARDING NEGOTIATIONS FOR A POTENTIAL DOWNTOWN DEVELOPMENT CONTRACT AND b) THREATENED LEGAL ACTION REGARDING CUT WAIVER.) Vice Mayor McMahan MOVED to convene the Executive Session and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). Councilmember Archambault MOVED to adjourn the Executive Session at 6:30 p.m. and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). AGENDA ITEM#2—RETURN TO REGULAR SESSION Mayor Nichols convened the Regular Session at 6:35 p.m. • INVOCATION—Councilmember Schlum ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Councilmember Kehe, Councilmember Leger, Vice Mayor McMahan, Councilmember Schlum, Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager L., Tim Pickering and Town Clerk Bev Bender were also present. z:\council packets\2007\r10-18-07\10-04-07 minutes.doc Page 1 of 6 • MAYOR'S REPORT (i) THE TRANSFER OF THE EIGHT-MONTH ROTATING VICE MAYOR POSITION TO COUNCILMEMBER DICKEY. Mayor Nichols stated that the first order of business would be to transfer the eight-month rotating Vice Mayor's position from Vice Mayor McMahan to Councilmember Dickey. The Mayor thanked Vice Mayor McMahan for carrying out the duties during his tenure and congratulated newly appointed Vice Mayor Dickey on her appointment. (ii) DEPARTMENT DIVISION INFORMATIONAL OVERVIEW OF SERVICES PROVIDED—PLANNING AND ZONING DIRECTOR RICHARD TURNER. Town Manager Tim Pickering addressed the Council and said that this evening's presentation was part of an on-going process whereby Council and the citizens of Fountain Hills had an opportunity to learn more about the different responsibilities and services offered by the various Town departments. He added that Planning and Zoning Director Richard Turner would highlight the presentation. Planning and Zoning Director Richard Turner discussed the Mission of the Planning and Zoning Department and said that "The Planning and Zoning Department is dedicated to enhancing the quality of life in the Town of Fountain Hills through innovative, proven planning techniques and providing excellent customer service in a professional and timely manner." He provided a brief overview of a PowerPoint presentation (a complete copy is available in the office of the Town Clerk) and explained the organizational structure of the Department and staffs varied responsibilities. Mr. Turner noted that P&Z's customers consisted of the public (residents/property owners), applicants/developers, the Town Council, the P&Z Commission and Board of Adjustment, Town staff and future residents. He listed the various applications that the Department processes and discussed Zoning Ordinance Amendments, the purpose of which were to implement the General Plan, Strategic Plan and Town Council goals; to correct or clarify policy and to address new trends in land use development. Mr. Turner provided a brief explanation of the Town's application process and added that other responsibilities included grant applications, General Plan updates, the State Trust Land, environmental policy, land use analysis and statistical reporting as well as business license review. Additional discussion ensued relative to the Department and its responsibilities and Mr. Turner indicated his willingness to respond to questions from the Council. Councilmember McMahan commented that the Town's application process had vastly improved and asked what steps were taken to accomplish this important goal. Mr. Turner responded that staff had become more responsive to the submittals that were received and expended every effort to process them within a reasonable amount of time. He added that staff used common sense in their reviews and fairly applied the Town's regulations. Mayor Nichols thanked Mr.Turner for his informative presentation. * CALL TO THE PUBLIC There were no citizens wishing to speak. CONSENT AGENDA AGENDA ITEM #1 —CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES OF SEPTEMBER 19 AND 20,2007. z:\council packets\2007\r10-18-07\10-04-07 minutes.doc Page 2 of 6 AGENDA ITEM #2 — CONSIDERATION OF APPROVING UNITED CONCORDIA AS THE DENTALINSURANCE CARRIER FOR THE TOWN OF FOUNTAIN HILLS EMPLOYEES IN 2007- 08 IN THE AMOUNT OF$42,089.64. Councilmember Archambault MOVED to approve the Consent Agenda as listed and Councilmember Schlum SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Dickey Aye Mayor Nichols Aye Councilmember Leger Aye Councilmember Schlum Aye Councilmember Kehe Aye Councilmember McMahan Aye Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY(7-0). ACTION AGENDA AGENDA ITEM #3 — CONSIDERATION OF APPROVING A PURCHASE AGREEMENT WITH NORWOOD EOUIPMENT, THROUGH AN EXISTING CITY OF TEMPE CONTRACT, FOR AN ELGIN BROOM BEAR PM-10 STREET SWEEPER IN THE AMOUNT OF$185,953.62. Public Works Director Tom Ward addressed the Council and said that he would discuss the rationale behind the L., purchase, the MAG funding and what the sweeper would be used for. He advised that the Town was required under the MAG PM-10 5% Plan to purchase this sweeper by January 1, 2008. Measure 29 states, "Sweep streets with a PM-10 Certified street sweeper." The cost for the sweeper was approximately $185,954 and MAG's funding totaled $163,742, leaving the Town an expenditure of $22,212. He advised that the Town needs the second sweeper; the Town had 150 miles of streets that were constantly being swept and the two sweepers would help staff provide better service. He said that the current sweeper was old and they could no longer obtain parts for it (the equipment would be disposed of). Under the Stormwater Management Plan, the Town was required to sweep streets as clean as possible. Councilmember McMahan MOVED to approve the purchase agreement with Norwood Equipment and Vice Mayor Dickey SECONDED the motion. Councilmember Schlum thanked Mr. Ward for his explanation and added that the Town was very fortunate to have received funding for the purchase of the much needed equipment that would help improve the air quality in Fountain Hills. He thanked staff for their good work and efforts in this regard. Vice Mayor Dickey noted that in addition to the PM-10 requirements, Senator Allen's Senate Bill 1552 also passed so it was part of Title 9 and 49 Statutes. She also thanked staff for their efforts. Mr.Ward expressed appreciation to Street Superintendent Ken Kurth who had been instrumental in this process, working with the Town's Engineer Randy Harrel. Councilmember McMahan asked if there was a regular schedule in place to ensure that all of the residential streets in Town were swept and Mr. Ward responded that Mr. Kurth maintained a street schedule and worked in zones to ensure that all of the streets were covered. Lir z:\council packets\2007\r10-18-07\10-04-07 minutes.doc Page 3 of 6 Councilmember Leger also thanked staff for their hard work and efforts to obtain the grant funding for the equipment. He said it was important for the public to know that part of the Council's goals and staff's goals was to"beef up" activity with respect to grants. He added that the cost offset was a tremendous bonus for the Town. Mayor Nichols thanked Mr. Kurth for his efforts as well. There were no citizens wishing to speak on this item. The motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #4 — CONSIDERATION OF ACCEPTING A HERITAGE FUND GRANT FROM ARIZONA STATE PARKS IN THE AMOUNT OF $774,920 FOR IMPROVEMENTS TO DESERT VISTA PARK. Parks and Recreation Director Mark Mayer addressed the Council relative to this agenda item and explained that competitiveness for the grants had become more difficult. As a lot of the metropolitan areas, including Fountain Hills,continued to grow,they find themselves looking for additional sources of revenue in order to keep up with infrastructure (parks, roads, etc.). He noted that the grant applications were rated on a variety of items ranging from public input on the process to the number of partners in place and it was necessary to score at least in the upper 80's to low 90's (based on a 100 point score) in order to even be considered for the grant award. He said that the State Parks considered whether to grant partial or full funding and the Town was fortunate to receive full funding. He advised that depending upon how prices came back; they were very near to being in a position to finish everything left to be done at Desert Vista Park, including some improvements to the Dog Park area and the upper athletic area. At that point, they would have completed Golden Eagle and come close to completing Desert Vista and Fountain Park. The next move would be over to Desert Vista to deal with the eastern portion of that park, which would pretty much finish out the Town's park system. Recreation Director Bryan Hughes addressed the Council, highlighted a brief PowerPoint presentation and *iti) commented on the significant amount of time it took to secure the grant funding. He thanked everyone involved for their assistance in achieving this important goal. He advised that the application was submitted to State Parks in February of this year for the development of Desert Vista Neighborhood Park and in March the Council adopted a resolution that authorized the Town to apply for the grant and provide the matching funds from Park Development Fees. For purposes of the grant, the project's cost was $1,777,354 and included most of the amenities in the Parks Master Plan. The Town's matching fund totaled a little over$1 million and was included in this year's budget request that was approved. The balance was $774,920, the maximum amount the Town could apply for based on available funds at that time. Arizona State Parks conducted a site visit that went very well. They then reviewed all of the applications and determined that there were 31 Heritage Fund applications that were eligible and those grants were seeking over $13 million in funding. Unfortunately, less than $4 million in funding was available. Mr. Hughes said that the Town received a score of 89 points out of 100 and tied for fifth place overall. He said that when the Heritage Funds run out, monies would then be taken out of the Land and Water Conservation Funds that were available from the Federal government ($300,000 to $400,000). The Arizona State Parks recommended full funding for Desert Vista Park. Additional discussion ensued relative to scoring, the competitiveness of the process and the fact that the Town scored lower in the partnerships and donations category. He advised that the smaller donation received to date would not have helped raise the score on this particular grant application. He also discussed the amenities that would be added to the park as a result of the funding. He expressed appreciation to Council and all of the staff members who assisted in the process. Councilmember Schlum MOVED to accept the Heritage Fund Grant and Councilmember Archambault SECONDED the motion. j z:\council packets\2007\r10-18-07\10-04-07 minutes.doc Page 4 of 6 Councilmember Archambault thanked Mr. Mayer and Mr. Hughes for their efforts and asked how many parking spaces would be provided at the park and Mr. Hughes advised that over 100 parking spaces would be available. Councilmember Kehe asked about the progress being made on the Skate Park and Mr. Hughes responded that they had not received any complaints to date and staff believed that the park was receiving the use that was anticipated. He added that the park would probably be utilized more if lighting was in place and when the evenings become cooler but all in all it had been positive. He advised that previous parking concerns had "settled down." Vice Mayor Dickey expressed appreciation to staff for their excellent work and said that in the future they would see more of a"weight" on environmental issues being placed grants. Councilmember Schlum also thanked staff and asked whether the Town's matching funds had much value in the overall rating. Mr. Hughes replied not really and explained that there were several other projects that matched more than the necessary 50%. He said that they obviously had a very good project and had not applied in a while, which probably also helped. He stated that it was helpful to have a bigger match so they could go for more money. Councilmember Schlum asked whether any improvements to the Skate Park Phase II were included in this and Mr. Hughes said that nothing was included as far as Skate Park improvements. He added that the area lighting that would go in along the sidewalks and the athletic field lighting"spill over" would allow for some activity to occur at night but there would still be some dark spots so that would have to be taken into consideration. Councilmember Schlum asked whether opportunities existed to reach out to private organizations in an effort to obtain donations and increase the Town's scoring potential for future grants. Mr. Hughes stated the opinion that there were always opportunities to pursue and said that some of the smaller donations would probably not have Loy helped much in this situation. He said that staff would certainly keep this issue in mind for future endeavors. Mr. Hughes informed the Council that a Request For Qualifications (RFQ) had already been issued and were due tomorrow. Staff hoped to bring something before the Council in November for approval and would be working on the guaranteed maximum price, which would determine how much they could actually get done. He noted that construction prices continued to rise and added that staff hoped to begin construction in January and the architect's estimate was seven to nine months so they would go with nine months and by next soccer season they should be playing in the park. Mayor Nichols commented that the proposal also included garbage cans and requested that staff look into possibly having trash cans as well as recycling cans in place to set an example at this park of being an environmentally friendly park that hopefully would flow on to other parks. Mr. Hughes said that staff would pursue this suggestion. Mayor Nichols thanked staff for their accomplishment and stated it was something they should all be proud of. There were no citizens wishing to speak on this item. The motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM#5—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER. None. AGENDA ITEM #6 — 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: z:\council packets\2007\r10-18-07\10-04-07 minutes.doc Page 5 of 6 A. NONE AGENDA ITEM#10—ADJOURNMENT '4411) Councilmember McMahan MOVED that the Council adjourn and Councilmember Schlum SECONDED the motion, which CARRIED UNANIMOUSLY. The meetin. adjourned at 7:15 p.m. TOWN OF FOUNTA %HILLS By ,.41 _ Wally Nic o s, = • ATTEST AND PREPARED BY: Bevelyn J. B nde ,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Session held by the Town Council of Fountain Hills on the 4th day of October 2007. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of October 2007. Bevelyn J e er,Town Clerk "401) z:\council packets\2007\r10-18-07\10-04-07 minutes.doc Page 6 of 6