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HomeMy WebLinkAbout2007.1101.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL November 1,2007 Mayor Nichols called the meeting to order at 5:04 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, Councilmember McMahan, Councilmember Schlum and Councilmember Archambault. Town Manager Tim Pickering, Town Attorney Andrew McGuire, Assistant to the Town Manager Kate Zanon, Planning and Zoning Director Richard Turner, Senior Planner Bob Rodgers, Outside Counsel Jeff Murry Director of Parks and Recreation Mark Mayer, Senior Planner Bob Rodgers and Town Clerk Bev Bender were also present. (Except for the Council, with Vice Mayor Dickey joining the meeting at 5:13 p.m.,Mr.McGuire and Ms. Bender,the remaining attendees joined the meeting at 5:20 p.m.) 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 (A) FOR THE PURPOSE OF INTERVIEWING ONE APPLICANT FOR CONSIDERATION OF SERVING ON THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION); AND (B) FOR THE PURPOSE OF REVIEWING FIVE APPLICATIONS RECEIVED FOR CONSIDERATION OF SERVING ON THE COMMUNITY CENTER ADVISORY COMMISSION);AND (H) 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) NEGOTIATIONS FOR A POTENTIAL DOWNTOWN DEVELOPMENT CONTRACT, (B) THE GOLF RESORT LLC LITIGATION,AND(C)THE HADDY/HOLLOWAY NOTICE OF CLAIM.) Councilmember Archambault MOVED to convene the Executive Session and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0). Vice Mayor Dickey MOVED to adjourn the Executive Session at 6:32 p.m. and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM#2—RETURN TO REGULAR SESSION Mayor Nichols reconvened the Regular Session at 6:36 p.m. • INVOCATION—Mr.Fred Windom with the Temple Beth Hagivot (kiwi • ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Councilmember Kehe, Councilmember Leger, Councilmember McMahan, z:\council packets\2007\r11-15-07\11-01-07 minutes.doc Page 1 of 5 Councilmember Schlum, Councilmember Archambault and Vice Mayor Dickey. Town Attorney Andrew McGuire,Town Manager Tim Pickering and Town Clerk Bev Bender were also present. • MAYOR'S REPORT i) ATACO RECEPTION/PUBLIC INVITATION Mayor Nichols reminded everyone that on Wednesday, November 7th a signing ceremony with the Town's Sister City from El Salvador, Ataco, would be held. He noted that Mayor Oscar Gomez will be in attendance along with three students to sign the official Sister City papers between the Town of Fountain Hills and Ataco, El Salvador. A reception would take place from 5:00 p.m. until 6:30 p.m. at the Community Center. The Mayor invited the public to attend the reception and stated that light refreshments would be served and everyone would have the opportunity to meet the three students from Ataco who would be spending six weeks in the Town's schools as part of an exchange program. • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) DEPARTMENT DIVISION INFORMATIONAL OVERVIEW OF SERVICES PROVIDED— CODE ENFORCEMENT (RAYMOND REES). Town Manager Tim Pickering informed the Council that Senior Code Enforcement Officer Raymond Rees with the Town's Code Enforcement Division would provide a brief overview of the services provided by that Division. He noted that this presentation was part of an on-going process to provide the Council and citizens of the Town with information on the responsibilities carried out by the Town's various departments and to advise them of the services that were available to them. Mr. Rees addressed the Council and highlighted PowerPoint presentation (presentation available in the office of the Town Clerk). He outlined the division's Mission Statement as follows: "To provide the highest level of service to the citizens of Fountain Hills by upholding the spirit of our Town Codes and Ordinances, both consistently and fairly." Mr. Rees outlined the division's responsibilities, which include public information (conducting formal presentations for civic and private groups); and Understanding(that not all situations are the same; staff interpreted codes and ordinances and the importance of fostering and maintaining the pride and dignity of the Town's citizens. He said that they had a great support staff and noted that the division was under the Planning and Zoning Department, with Richard Turner at the helm, and listed the names of the members of the Code Enforcement Team. He advised that the division provides support to the Planning and Zoning Department, Engineering, Building Safety, Administration and Fountain Hills Fire Protection and briefly touched on the services they provided those various areas. Mr. Rees referred to photos depicting examples of the types of violations that the Code Enforcement staff ran into and indicated his willingness to respond to questions from the Council. Mayor Nichols thanked Mr. Rees and his staff for the excellent work they carried out on a daily basis in order to maintain and improve the quality of life. He said that their job was a tough one because they have to spend most of their days telling people"no" and they did it with grace and finesse. Mr. Rees thanked the Mayor for his comments and the entire Council for their ongoing support. CALL TO THE PUBLIC None. z:\council packets\2007\r11-15-07\11-01-07 minutes.doc Page 2 of 5 CONSENT AGENDA AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES OF OCTOBER 9 AND 18,2007. AGENDA ITEM #2 — CONSIDERATION OF APPROVING RESOLUTION 2007-58, ABANDOING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE WESTERLY PROPERTY LINE OF PLAT 602C, BLOCK 3, LOT 20 (12634 N. MIMOSA DRIVE) AS RECORDED IN BOOK 166 OF MAPS,PAGE 33,RECORDS OF MARICOPA COUNTY,ARIZONA.EA07-25(BARTOLAI). Councilmember McMahan MOVED to approve the Consent Agenda as listed and Councilmember Schlum SECONDED the motion. A roll call vote was taken with the following results: Councilmember Kehe Aye Councilmember Schlum Aye Councilmember Leger Aye Vice Mayor Dickey Aye Mayor Nichols Aye Councilmember McMahan Aye Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY(7-0). ACTION AGENDA AGENDA ITEM #3 — CONSIDERATION OF APPOINTING CITIZENS TO SERVE ON THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION. Mayor Nichols recommended that the following two people be appointed to serve on the McDowell Mountain Preservation Commission: Steve Fleming and Bill Myers. Councilmember Leger MOVED to approve Steve Fleming and Bill Myers to serve on the McDowell Mountain Preservation Commission and Councilmember Schlum SECONDED the motion. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #4 — CONSIDERATION OF ACCEPTING AN AMATEUR AND YOUTH SPORTS PROJECT GRANT FROM THE ARIZONA SPORTS AND TOURISM AUTHORITY IN THE AMOUNT OF$252,000 FOR IMPROVEMENTS TO DESERT VISTA NEIGHBORHOOD PARK. Supervisor of Recreation, Bryan Hughes, addressed the Council relative to this agenda item and noted that less than a month ago, staff came before the Council to talk about an Arizona State Parks Heritage Grant in the amount of $775,000. He said that everyone was thrilled to receive these monies for the Desert Vista Park project. He advised that a few days after that staff received notice from the Arizona Sports and Tourism Authority that the Town was going to be receiving another grant, this time in the amount of $252,000 for improvements to Desert Vista Neighborhood Park. He explained that the Arizona Sports and Tourism Authority was the owner/operator of the Cardinal Stadium or University of Phoenix Stadium and also provided funding for the Cactus League Baseball and provided youth and amateur sports grants for municipalities and non-profit organizations. The Youth and Amateur Sports grants were done on a bi-annual basis and this is only the third time since 2001 that awards had been granted. Staff had been interested in this grant for some time but did not z:\council packets\2007\r11-15-07\11-01-07 minutes.doc Page 3 of 5 have the matching funds or a project that would be appropriate but in an effort to get Desert Vista built out as quickly as possible, staff pursued a couple of grants this year and were lucky to receive both. Mr. Hughes briefly outlined the grant process that was followed and informed the Council that the grant funds would be used to assist in the development of Desert Vista Neighborhood Park, which included a restroom/storage/concession building, athletic field lighting, are lighting, picnic and shade armadas, parking improvements, connecting sidewalks and entryways, landscaping, irrigation and site amenities. He noted that the improvements were consistent with the updated Master Plan for Desert Vista Neighborhood Park. He emphasized that the $252,000 grant would help to reduce the Town's financial contribution towards the Desert Vista Neighborhood Park Project, which was anticipated to cost approximately $2,249,800 for construction administration services in the current fiscal year. He said that the award was the result of a group effort and thanked everyone who participated in the process and Council for their ongoing support. Mr. Rees stated that staff recommended acceptance of the Amateur and Youth Sports Grant from the Arizona Sports and Tourism Authority in the amount of$252,000. Town Attorney Andrew McGuire advised that the motion should include the authority for the Mayor and Town Manager to execute the grant agreement. Councilmember Archambault MOVED to authorize the execution of the grant agreement and to accept the Amateur and Youth Sports Project grant from the Arizona Sports and Tourism Authority in the amount of $252,000 and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). Mayor Nichols thanked staff for their exception efforts in this area. AGENDA ITEM #5 — CONSIDERATION OF APPROVING THE RENEWAL OF THE ANNUAL WASH CLEANUP CONTRACT WITH TRUGREEN LANDSCAPE IN THE AMOUNT OF$137,621. Public Works Director Tom Ward addressed the Council relative to this agenda item and referred to a map displayed in the Council Chambers that depicted an overview of wash maintenance in the Town (current and proposed). He said that the Town had been cleaning washes for 11 years and noted that they currently had an existing contract with TruGreen LandCare and the usual term is for a one-year period and this would be the third year that the Town would be renewing the wash cleanup program with that company. He advised that staff is assisted by the Fire Department when making determinations as to which washes should be cut and expressed appreciation to them for their assistance. He reported that the increase this year was agreed upon to be 3 t/% to the existing contract and said that staff had been very pleased with the company's performance (people friendly and excellent about providing notices and informing citizens of the work that would be done). Mr. Ward stated that staff recommended approval of the renewal of the annual wash cleanup contract with TruGreen LandCare in the amount of$137,621. Councilmember Schlum MOVED to approve the renewal of the annual wash cleanup contract with TruGreen LandCare and Councilmember Kehe SECONDED the motion. In response to a question from Councilmember Schlum, Mr. Ward responded that staff was doing everything possible to take steps to reduce the spread of possible future fires. He said that when the program was initially set up,there were a lot of salt cedar and desert broom plantings and these two shrubs had high "flash points"and allowed fire to move very quickly. He added that they did not necessarily cut everything out of the washes or perform clear cutting but they took care of what was known as "ladder fuels" and trimmed up trees when they were touching the ground to ensure that if grass was burning on the ground it would not ignite the tree branches as well and they removed an extensive amount of items from the washes. He said that they could remove more from the washes but if that were necessary he was sure that the Fire Chief would talk to them about that. He expressed the opinion that current efforts and intense and suitable for the needs. z:\council packets\2007\r11-15-07\11-01-07 minutes.doc Page 4 of 5 • The motion CARRIED UNANIMOUSLY(7-0). Le, AGENDA ITEM#6- SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER. None. AGENDA ITEM #7 — 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: A. NONE AGENDA ITEM#8—ADJOURNMENT. Councilmember McMahan MOVED that the Council adjourn and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY. The meeting adjourned at 7:03 p.m. TOWN OF FOU IN HILLS By Wally ' o , ayor ATTEST AND PREPARED BY: (111, Bevelyn J. e r,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive and Regular Session held by the Town Council of Fountain Hills on the 1st day of November 2007. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of November 2007. Bevelyn J. nd ,Town Clerk L z:\council packets\2007\r11-15-07\11-01-07 minutes.doc Page 5 of 5 1