Loading...
HomeMy WebLinkAbout2008.0403.TCREM.Minutes TOWN OF FOUNTAIN HILLS (itsr MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL April 3,2008 Mayor Nichols called the meeting to order at 4:04 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, Councilmember Archambault and Vice Mayor Dickey. Town Attorney Andrew McGuire, Human Resources Supervisor Joan McIntosh and Councilmember-Elect Cassie Hansen 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 SHOULD OCCUR AT A PUBLIC MEETING. (SPECIFICALLY, FOR THE PURPOSE OF DISCUSSING TOWN MANAGER APPLICANTS' OUALIFICATIONS.) CoVice Mayor Dickey MOVED to convene the Executive Session and Councilmember Schlum SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). Councilmember Archambault MOVED to adjourn the Executive Session at 6:10 p.m. and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). RETURN TO REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Nichols convened the Regular Session at 6:30 p.m. • INVOCATION—Pastor Kathleen Stoltz,the Fountains Methodist Church • 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, Councilmember Archambault and Vice Mayor Dickey. Town Attorney Andrew McGuire, Interim Town Manager Kate Zanon and Town Clerk Bev Bender were also present. • MAYOR'S REPORT (i) Volunteer Month. Mayor Nichols announced that April was designated National Volunteer Month and said that giving freely to others was one of the noblest of human enterprises. He noted that this year marked the 35th annual celebration of Volunteer Month created to recognize the efforts of dedicated community volunteers. He advised that nationally more than 120 million volunteers work in their communities and contribute their z:\council packets\2008\r4-17-08\04-03-08 executive and regular session minutes.doc Page 1 of 12 time and talents daily to make a difference in the lives of others. He acknowledged that more than 200 Fountain Hills volunteers donated their time to the Town by giving approximately 6,000 hours per year to serve in the Town Hall, Community Center, Senior Activity Center and Municipal Court as well as volunteering in Town departments, including Administration, Public Works, Accounting and Parks and Recreation. Mayor Nichols said that it was his honor to declare April as Volunteer Month in the Town and recognize the volunteers as the lifeblood of the community. He emphasized the importance of expressing gratitude to all volunteers who graciously donate their time and skills to make the community a better place to live. • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (Presentations were made out of order.) (ii) Department Division overview of Services Provided — Community Center (Samantha Coffman) Ms. Samantha Coffman, Director of the Community Center and Senior Services, addressed the Council relative to this item and highlighted a brief PowerPoint presentation relative to the Community Center operations. She discussed the Center's Mission Statement, "To serve the Fountain Hills' residents by providing an opportunity to enhance the quality of life for its citizens by providing a gathering place for civic, non-profit and community events, promoting the arts, developing a conference and convention trade. The Community Center shall be all that is Fountain Hills." Ms.Coffman highlighted the Center's organizational chart and discussed the excellent customer service that was provided to all Town residents. She advised that there were two new kiosks in the lobby thanks to Public Information Officer Katie Decker and said that they provided a wide variety of Town information. She noted that a third kiosk was added today. She advised that the Community Center would host over 2300 senior activities during Fiscal Year 2007-08 and highlighted a number of those activities. Discussion ensued relative to Senior Net and various courses provided; recreational programs offered (approximately 30 during the fiscal year); groups that utilize the Center; business meetings, wedding receptions, HOA meetings, etc.; Town sponsored events including candidate debates and elections training; the fact that the Center served as a voting site; 13 school events that were held during the year; volunteer activities and events (over 3,000 hours per year); meetings that were held free of charge; public art contained in the Center and exhibits that occur during the year; facility promotions; the fact that the Center's usage had increased dramatically since opening in 2001; scheduled repairs and maintenance and various users of the Center. Mayor Nichols thanked Ms. Coffman for her presentation. (iii) Presentation of plaques to Paul Butler,Jerry Butler and Roger Riggert for recognition of their service on the Strategic Planning Advisory Commission(SPAC) Mayor Nichols requested that Paul Butler, Jerry Butler and Roger Riggert come forward at this time. The Mayor said it was appropriate that they recognize these individuals this evening after declaring the month of April Volunteer Month in the Town. He said that these three individuals were perfect examples of exemplary volunteers. He stated that they had expended effort to serve on the Town's Strategic Planning Advisory Commission (SPAC). When the Strategic Plan was adopted in December 2005, the Council's resolution called for the creation of the commission. The three people being recognized tonight were appointed to that first Commission. Their efforts, together with the other Commissioners', had been instrumental in accomplishing a number of key strategic priorities of the Strategic Plan and in keeping the plan alive. Mayor Nichols said that they would first like to recognize Mr. Paul Butler and advised that Mr. Butler had served on the SPAC from February 2006 to April 2007. Paul came to the Commission with a vast career z:\council packets\2008\r4-17-08\04-03-08 executive and regular session minutes.doc Page 2 of 12 experience in working with cities and towns to create and implement strategic plans and had willingly volunteered his expertise to SPAC. The Mayor, on behalf of the Council and residents of the Town, thanked Mr. Butler for his many contributions to SPAC and to the Town through his service on the Commission. He presented Mr. Butler with a Fountain Hills pin and plaque in appreciation of his service. Mayor Nichols stated that Mr. Jerry Butler served on the SPAC from February 2006 to February 2008. During his tenure he served on several subcommittees and stepped up to the plate to Chair the Revenue Solutions Subcommittee during the past year. He devoted countless hours to working with the Blue Ribbon Panel that ultimately provided key recommendations to the Council on the Town's projected long-term revenue shortfall. The Mayor stated that the Council and the residents truly appreciate the time and skills he volunteered to SPAC and Town and presented him with a Fountain Hills pin and plaque in appreciation of his service. Mayor Nichols advised that long before the first Strategic Planning Advisory Commission was formed, Mr. Roger Riggert was hard at work on the Technical Advisory Committee that was key to the development of the Strategic Plan. For over a year he had volunteered his time and talent to the committee meetings, Town Halls, and surveys that were necessary in order to create the Plan. Although active in the community in many other ways, Roger volunteered his service when the fist SPAC was formed and served from February 2006 to February 2008. During the past year he served as Vice Chair of the Commission and provided invaluable service on the Revenue Shortfall Committee. Mayor Nichols, on behalf of the Town Council and residents of the Town, thanked Mr. Riggert for his selfless service to SPAC and to the Town and presented him with a Fountain Hills pin and plaque in appreciation of his service. (iv) Recognition of Rural Metro Captain Steve Boyer as the Fountain Hills Veteran of Foreign Wars' 2007 Firefighter of the Year; and Engineer/Paramedic Mike Greco as Fountain Hills Noon Rotary's 2007 Firefighter of the Year ( Mayor Nichols requested that Captain Steve Boyer and Engineer/Paramedic Mike Greco come forward at this time. The Mayor stated that Captain Boyer was recognized by the Fountain Hills Veterans of Foreign War (VFW) as their 2007 Firefighter of the Year and added that Steve had taken the lead role and had brought the following projects to completion: • Co-Creator of the Crisis Activated Response Team(C.A.R.E.) • Updated and revised the Monthly resident CPR and AED Program in partnership with the Parks Department at the Community Center • Established a Public Accessible Defibrillators (PAD)Program in Fountain Hills • Facilitated the 6-month preparation process for the Town Insurance Services Office, Inc. (ISO) grading in February 2008. Mayor Nichols, speaking on behalf of the Town of Fountain Hills, thanked Captain Boyer for his outstanding contributions. The Mayor presented Captain Boyer with a Fountain Hills pin. Mayor Nichols said that Engineer/Paramedic Mike Greco was recognized by the Fountain Hills Noon Rotary Club as their 2007 Firefighter of the Year. He added that Mike took the lead and brought the following projects to completion: • Tools and power equipment maintenance along with annual testing and certification contract oversight. Established a record management system to track all use and work on said equipment • Member of the new Engine Apparatus Committee z:\council packets\2008\r4-17-08\04-03-08 executive and regular session minutes.doc Page 3 of 12 • Mike was a 17-year member of the Fountain Hills Rural Metro Fire Department and a long time resident of Fountain Hills Mayor Nichols thanked Mr. Greco for his efforts to improve the quality of life in Fountain Hills and presented him with a Fountain Hills pin. (iv) Recognition of Maricopa County Sheriff's Office Sergeant Jerry Funk as the Fountain Hills Veteran of Foreign Wars' 2007 Deputy of the Year; and Deputy A.J. Calderon as Fountain Hills Noon Rotary's 2007 Deputy of the Year Mayor Nichols requested that Deputy A.J.Calderon and Sergeant Jerry Funk come forward at this time. The Mayor advised that Deputy Calderon was currently a motor deputy assigned to District VII Fountain Hills Patrol facility. He had a strong work ethic and desire to make the streets of Fountain Hills safer. In the first quarter that he was assigned to the Town he wrote 530 tickets and made 67 arrests without receiving one complaint from a citizen. He was a team player and had been named the District VII Rotary Deputy of the Year. The Mayor thanked him for making Fountain Hills a safer place to work and live in. He presented Deputy Calderon with a Fountain Hills Pin. The Mayor stated that Sergeant Funk was District VII Veterans of Foreign Wars Deputy of the Year. He was currently assigned as the Day Shift Patrol Supervisor for the District VII — Fountain Hills Patrol Facility. His honor was the result of his efforts as the SRO assigned to the Fountain Hills High School as a Deputy Sheriff. He had spearheaded many community events and education programs while assigned to the School as the SRO, which included re-working bus routes and school crossings. He had created and helped to maintain programs such as Crime Free Multi-Housing, Block Watch, Midnight Madness and various other charity events that benefit the Maricopa County Sheriff's Office Midnight Madness Foundation. Sergeant Funk not only was a team player within his work environment, but he also dedicated countless hours to the Town to make it a better place to live and work. The Mayor congratulated Sergeant Funk on being selected for this honor, thanked him for his outstanding efforts and presented him with a Fountain Hills pin. At this time, Captain Kleinheinz introduced Lieutenant Russ Skinner to the Mayor and Council and advised that he was appointed to the District approximately two months ago. He said that Lieutenant Skinner came from computer crimes and advised that he had actually put that unit together nine years ago. He said that Captain promotions would be coming up shortly and he had a strong feeling that Lieutenant Skinner would be a good candidate for such a position. Mayor Nichols welcomed Lieutenant Skinner. * CALL TO THE PUBLIC There were no citizens wishing to speak. CONSENT AGENDA Mayor Nichols announced that Agenda Item #4 had been removed from the Consent Agenda and would be heard as the first item on the Regular Agenda. AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES OF MARCH 20.2008. z:\council packets\2008\r4-17-08\04-03-08 executive and regular session minutes.doc Page 4 of 12 i AGENDA ITEM #2 — CONSIDERATION OF APPROVING PAYMENT TO MARICOPA COUNTY ELECTIONS IN THE AMOUNT OF $25,304.69 FOR DIRECT SUPPORT PROVIDED FOR THE TOWN OF FOUNTAIN HILLS' MARCH 11,2008 PRIMARY ELECTION. AGENDA ITEM #3 — CONSIDERATION OF APPROVING RESOLUTION 2008-14, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE EASEMENT LOCATED AT THE SOUTHEASTERLY PROPERTY LINE OF PLAT 428, BLOCK 2, LOT 60 (16341 E. GLENBROOK BLVD.) AS RECORDED IN BOOK 155 OF MAPS, PAGE 19, RECORDS OF MARICOPA COUNTY,ARIZONA. EA08-03(KOCHEN). AGENDA ITEM#4— CONSIDERATION OF FINAL PLAT OF "SERENITY ESTATES" FORMERLY KNOWN AS "HIGH NOB ACRES," AN 11-LOT SINGLE-FAMILY SUBDIVISION LOCATED AT PLAT 506C, BLOCK 1, LOT 34 AND PARCEL 2. CASE #S2007-12. NOTE: THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. AGENDA ITEM #5 — CONSIDERATION OF APPROVING RESOLUTION 2008-13, AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE ARIZONA DEPARTMENT OF REVENUE RELATING TO TAXPAYER JOINT AUDITS AND UNIFORM PRACTICES. AGENDA ITEM #6 — CONSIDERATION OF RESOLUTION 2008-15, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "THE 2008 AMENDMENTS TO THE TAX CODE OF THE TOWN OF FOUNTAIN HILLS." AGENDA ITEM #7 — CONSIDERATION OF ORDINANCE 08-10, RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTED "THE 2008 AMENDMENTS TO THE TAX CODE OF THE TOWN OF FOUNTAIN HILLS"BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS. Councilmember McMahan MOVED to approve the Consent Agenda as listed (for items 1-3 and 5-7) and Councilmember Archambault 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 #4 — CONSIDERATION OF A FINAL PLAT, OF "SERENITY ESTATES," FORMERLY KNOWN AS "HIGH NOB ACRES," AN 11-LOT SINGLE-FAMILY SUBDIVISION LOCATED AT PLAT 506C,BLOCK 1,LOT 34 AND PARCEL 2. CASE#S2007-12. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and stated that the Preliminary Plat, High Nob Acres, was approved by the Council on August 4, 2005, subject to a number of stipulations. Most of the stipulations were standard and there were three stipulations that required action by the applicant prior to final plat approval: Removal of the second cul-de-sac; provide an emergency access pad to Golden z:\council packets\2008\r4-17-08\04-03-08 executive and regular session minutes.doc Page 5 of 12 Eagle Boulevard and execute and record a Development Agreement. The subdivision had subsequently been renamed Serenity Estates and the final plat reflected the required plan changes; the cul-de-sac had been removed, the access pad had been created and the Development Agreement was executed and recorded around October 27, 2005. Staff had performed a technical review of the final plat and found it to be in conformance with the Town's ordinances and conditions of approval. Staff recommended that the Council approve the final plat for Serenity Estates as outlined and presented this evening. Councilmember Archambault MOVED to approve the final plat for Serenity Estates as depicted on the plans entitled "Final Plat, Serenity Estates," dated June 20, 2007 and Councilmember McMahan SECONDED the motion. In response to questions from Councilmember Kehe and the Vice Mayor, Mr. Rodgers explained that the steepness of the pedestrian access had no impact; that the original approval was granted in 2005 and they were not able to file for their final plat in time and so they had requested and were granted a one-year extension. Before that extension expired, the applicant filed for final plat approval, which met all requirements. He explained the difference between a preliminary plat and a final plat and said that for a preliminary plat hearings were held, there were public notices sent out to those on the abutters' list and the property was posted. Everyone had a chance to have their say during those public hearings. Once the preliminary plat was approved with certain conditions, the developer then goes back and redesigns the plan and/or makes revisions depending upon the stipulations outlined and then the final plat was brought before Council for final approval. This portion was not typically a public hearing process; it was almost an administrative process. Town Attorney Andrew McGuire, in response to comments from Vice Mayor Dickey, commented that previous discussion had taken place relative to the difference between legislative and discretionary decision and an administrative decision. He noted that they were very different and said that when the Council exercised its legislative power, they had almost absolute discretion (based on whether the Council liked the proposal); when it came to an administrative decision that decision was governed by codes that had been adopted, particularly when talking about the subdivision plat (administrative decisions were more of a "check the box" process). If all items in the subdivision plat had been met and all of the boxes checked, then Council had a duty to approve the subdivision final plat. The standard of review for the final plat was that the final plat should be substantially in conformance with the preliminary plat. He noted that Mr. Rodgers had indicated that was the case in this instance so the standard of the Council's review was subject to the "check the box" approach and that the Council did not have a lot of discretion in this type of approval. In response to a question from the Mayor, Town Clerk Bev Bender advised that three speakers had submitted requests to address the Council on this agenda item. The Mayor asked the speakers to come forward to present their remarks as their names were called. Larry Mallek addressed the Council and said they were told by the Council on July 7, 2005 to work with the developer in an effort to arrive at a compromise solution so that they could support the project. After meeting with the attorney and engineer a compromise was worked out that stated: (1) If the developer would move the road to the north of the ridgeline instead of on the south side of the ridgeline, the residents would support the project and (2) this was agreed upon by the developer with the Council's oversight on July 7, 2005. The residents then told the Council that they were withdrawing their 200 signatures in opposition to the project and would now support it. At the August 4, 2007 Council meeting, Mr. Pickering said that this item also appeared before the Council at a previous meeting and added that staff had worked diligently with the developer and the residents on this matter. Mr. Turner addressed the Council and pointed out that the road "had a bit of a curve to the south" and the Council requested that the road be located to the north. Mr. Turner advised that the road had been moved to the north and land disturbance had also changed. Mr. Mallek stated that their agreement had been breached and that the residents had provided pictures of where they believed the developer was going to put the road, still south of the ridgeline especially on Lots 54, 55, 56 and 57. At this time they were still against ,44) the road location. z:\council packets\2008\r4-17-08\04-03-08 executive and regular session minutes.doc Page 6 of 12 / Mr. Mallek stated that almost three years had passed and nothing had happened to High Nob Acres,now known (00, as Serenity Estates. The property had been up for sale and a sign was still up. Unfortunately, the developer had passed away. Ten days ago he received word that a notice of a meeting regarding the property was posted, a public hearing to receive comments on a final plat to allow an 11-lot subdivision entitled Serenity Estates. This was the first the neighbors had heard of anything happening on that land in almost three years. The stakes for the road were in place and nothing had changed. The road,for most of its length, was still south of the ridgeline representing a definite hazard to the homes below and an eyesore to the neighbors' homes surrounding the area. Mr. Mallek requested that the Council not approve the final plat this evening and said that time was needed to evaluate where the road was and to determine whether the developer had followed the compromise agreement and Council's directive. He requested one month's time in which to meet with the developer again in an effort to solve this situation. Ray Baldwin, representing the owners of the property, reminded the Council that staff had reviewed all of the plans and stated that the proposal was in compliance with the preliminary plat and Development Agreement. He said that he was present to answer any questions that the Council might wish to pose. Councilmember Kehe asked for input regarding the allegation that the road was not where it was supposed to be. Mr. Baldwin responded that he believed Mr. Rodgers had an exhibit that could show the Council that depicts the shift in the road from where it was originally and where it was now on the preliminary and final plats. He acknowledged that while there were stakes on the property some of them were theirs and some stakes belonged to someone else. The ones that had the white pipe on them were right-of-way, not the road. The road was ten feet north of the right-of-way. Vince Marcello addressed the Council asked whether any of the Councilmembers had been up to that road to look at it. He noted the lower part of the right-of-way for a pedestrian walk had a slope and questioned whether people would have to "roll down the road" to get out of there because they could not walk down it. He added that the plan did not show a cut on either side or any walls. He noted that a similar situation existed on Sierra Madre and urged the Council to look at the road before they voted on it. Mayor Nichols thanked the speakers for their input. In response to a question from Councilmember Schlum, Mr. Rodgers confirmed that the road as currently depicted was located in the correct place based on discussions with the neighbors and the Council. He referred to an exhibit that depicted the proposed location of the road. Councilmember Schlum commented that perhaps they had stakes in place that did not represent the road and that was what the neighbors were concerned about. Mr. Rodgers confirmed that the plat before the Council this evening was the plat that had been approved. Discussion ensued relative to the fact that the road was moved north; the steepness of the foot path and the fact that the land was still natural terrain in that area, it was an emergency egress and access pedestrian and utility easement and was not meant to be a wandering path for general use; the fact that gravel would be placed on that path; Councilmember Schlum's comment that the stakes that were in place did not represent the road; Mr. Mallek's suggestion that the developer mark the lot lines, mark their road and then take a picture of it, because they would then be able to see where the road was in comparison to the homes. Mayor Nichols stated that on August 4, 2005,the Council approved the preliminary plat for High Nob Acres and he questioned if the final plat before them conformed to the preliminary plat. Mr. Rodgers confirmed that it did. Mayor Nichols said that if the final plat complied with the compromise that was reached and approved at that meeting, he would approve the final plat. (100, z:\council packets\2008\r4-17-08\04-03-08 executive and regular session minutes.doc Page 7 of 12 Councilmember Leger advised that the petition he received referred to a"breach of contract" with respect to the anticipation of the road being moved more northerly. He also read in minutes and in a staff report that a portion of the road still remained more to the south because of some difficulties in adjusting it further to the north. Mr. Rodgers explained that the portions of the road that remain were not the main "dipping part" and the main area that came closest to the southern boundary had been raised quite a bit. He said he was not aware of any written contract and perhaps it was verbal between Mr.Mallek and the contractor. In response to additional questions from Councilmember Schlum, Mr. Rodgers advised that the developer had lost Lot 12 and a few of the lot lines had been changed somewhat as a result of the final design. The developer had to line up the easement for the utilities. Councilmember Kehe commented that he remembered that there had been concerns about the emergency path and if there was a blockage in the cul-de-sac that emergency vehicles would not be able to gain access. He said he believed originally it was a ten-foot wide path. Mr. Rodgers advised that the original path was 30-feet wide. He said that that concept was discarded at the meeting in July when the Fire Chief told the Council that they would not use that path so it was decided to make it into a pedestrian path and an easement for the utility. Mayor Nichols called for a vote on the motion and a roll call vote was taken with the following results: Councilmember Schlum Nay Councilmember Leger Nay Vice Mayor Dickey Aye Councilmember Kehe Aye Councilmember Archambault Aye Mayor Nichols Aye Councilmember McMahan Aye The motion CARRIED by majority vote (5-2). Mayor Nichols thanked everyone for their input and discussion. AGENDA ITEM #8 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE TOWN MANAGER POSITION AND CONTRACT. Councilmember Leger MOVED to authorize and direct the Mayor, Mayor Elect, Selection Committee, Human Resources Administrator and Town Attorney to contact the top candidate, complete the background investigation, conduct a site visit and negotiate an employment contract as discussed in Executive Session and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #9 — PROGRESS REPORT ON THE ESTABLISHED ITEMS OF COUNCIL BUSINESS: A) DEVELOPMENT FEES ADJUSTMENT Interim Town Manager Kate Zanon reported that staff was still on schedule for the public hearing, which was scheduled for Tuesday,April 15t. B) DOWNTOWN DEVELOPMENT AGREEMENT/C-2 ZONING TO TCCD Ms. Zanon advised that staff continued to meet with the developer in escrow on the property and reported that they had a meeting with him today. They continue to communicate in an effort to assist them through the process. z:\council packets\2008\r4-17-08\04-03-08 executive and regular session minutes.doc Page 8 of 12 l C) ENVIRONMENTAL POLICY Le Ms. Zanon noted that there was no change from the last report except to say that they were still progressing towards a May meeting when staff will propose policy to Council. D) GENERAL ACCESS TO THE MOUNTAIN PRESERVE Ms. Zanon reported that no change had occurred. MCO's legal representative had not been back in touch with the Town Attorney since leaving the country so communication was still pending. E) PREPARING A SOUND TOWN FINANCIAL FUTURE Ms. Zanon advised that the education campaign for the upcoming election and primary property tax issue did launch on April 1st and information was available to Town residents through Channel 11, Town kiosks and on the Town's website. Residents also had an opportunity to submit questions through e-mail as well as a phone number and the questions will be reviewed and the Frequently Asked Questions sheet that will be in the kiosks and on the website will be updated periodically to address additional questions. This was informational only. Early voting was to begin on April 17th for the May 20th General/Special Election and would occur in the lobby of Town Hall from 8:00 a.m. till 5:00 p.m. The last day that citizens would be able to cast their early ballot would be on May 16th. Sample ballots/publicity pamphlets should be received by the residents shortly. Ms. Zanon added that as far as the item that the Planning and Zoning Commission initiated on March 13th (converting lot coverage on R1-43 lots), a public hearing had been scheduled for the Planning and Zoning Commission to consider this issue on April 10th and then it was to move on to Council for their May 1st meeting. F) STATE TRUST LAND/ELLMAN DEVELOPMENT AGREEMENT (ibe Ms. Zanon reported that staff continued to routinely meet with this group and they were working through the process. On April 10th, the Planning and Zoning Commission was to consider a request to set public meetings and those public meetings were to be scheduled for May 5`h and 6th. G) TOWN HALL WATER FEATURE AT AVENUE OF THE FOUNTAINS AND LA MONTANA DRIVE Ms. Zanon stated that work was on schedule for this project to get the site work 90% completed, which was as far as they could go until the sculpture arrived. The bronzing work appeared to be a little bit behind schedule but they were still expecting arrival between May 1s`and May 15th to get the project completed. H) TRAFFIC CONTROL AT AVENUE OF THE FOUNTAINS AND SAGUARO Ms. Zanon said that the U-turn had been in effect for almost two weeks and so far no concerns had been expressed regarding traffic movements in that area. Staff was still on track to bring back a report to Council on April 17th related to traffic control or pedestrian measures at that intersection. Mayor Nichols thanked Ms. Zanon for the update. Councilmember Kehe referred to the Downtown Development issue and asked whether they could assure the citizens that the Town had facilitated the consummation of that agreement to the best of its ability and that it was now up to the developer to keep up his end in terms of funding. (itio, Ms. Zanon responded that the Town initiated the rezoning of the property as well as the text amendment to the Zoning Ordinance in the Town Center Commercial Zoning District. Those pieces were completed. In terms of z:\council packets\2008\r4-17-08\04-03-08 executive and regular session minutes.doc Page 9 of 12 the Development Agreement, that was something that still required discussion and there was nothing scheduled to come before Council at this time. '40)Councilmember Kehe commented that he was trying to establish that "the ball was in the developer's court" at this time and Ms. Zanon concurred with that remark. Councilmember Kehe also discussed general access to the Mountain Preserve and said that this"odyssey"began in August 2006. He noted that they had a "handshake agreement" on May 2007, and added that they had run into what appeared to be an impasse over liability. As of May 2007, they turned the development of that agreement over to the attorneys for the Town and MCO to work out. He said he could understand the Town's position (they already had coverage under the State in terms of liability) but added the opinion that they were not making any progress. He advised that Roy Kinsey had suggested that the Town go back to the original committee that included Town Attorney Andrew McGuire, the attorney for MCO Paul Gilbert, the MCO President Jeremy Hall, Parks &Recreation Director Mark Mayer together with Mr. Kinsey and himself and put everyone in a room and "throw away the key"in an effort to achieve some type of agreement. He asked if there was Council support pending Mr. Gilbert's return and his response to Mr. McGuire relative to the issue of liability regarding setting up a meeting to see if this issue could finally be addressed by that original group. Councilmember Kehe commented on the fact that Mr. Kinsey of the Sonoran Conservancy was present this evening and said that he would like to call upon him to provide input since they play an important role. Mr. Roy Kinsey addressed the Council and said that the above referenced suggestion would be logical. He said that after months of discussion, both sides had reached a different interpretation of the law that each of the attorneys believe regulated the liability. He stated the opinion that it would be very logical and helpful to bring this issue to the table and said he would like to see if they could discuss it because what they had been doing was not working. He noted that Mr. Hall of MCO had stated that it appeared to him that the "deal was dead" because the attorneys did not agree and said they needed to have a sit down talk and explanation from each of them and the original group needed the opportunity to ask questions in an effort to reach a satisfactory conclusion. In response to a question from Councilmember Kehe, Mr. Kinsey advised that Mr. Hall had stated that he wanted to move this issue forward but brought up the impasse between the two attorneys. Mr. Hall also mentioned that he was not aware of the fact that the removal of the fence was no longer an issue. Mr. McGuire stated that the Council had been informed in Executive Sessions during discussions with him and representatives of the Town's insurance carrier who provide the liability coverage what the opinion was with respect to the provision MCO added during the last draft of the agreement. MCO's legal counsel called him to ask what the Recreational User Statute was all about and he had been provided with case law, the Town's reasons and all the information available regarding the Town's concerns that were shared by the insurance carrier. He noted that that provision had not been discussed, MCO had not wanted to discuss that and Mr. Gilbert and he had talked about the fence and all the other issues and they were all "off the table" at this point in time. The only thing left to resolve was liability and that issue was not in the agreement until recently. The Town had not put the provision in there that was causing the "block" to occur. He said that he would be more than willing to meet with MCO along with original members of the group but emphasized that by the end of the day the other person who would have to be there was the Town's insurance carrier to provide their advice. Mr. Kinsey commented that he was not taking a side either way but expressed the opinion that they needed to have the meeting to iron out what could and could not be done. He stressed the importance of allowing the original group to get together and ask questions. Vice Mayor Dickey stated that she was totally aware of the discussions that Mr. McGuire had with MCO's attorney and she would never interpret it as he and the other attorney as being at an impasse (and Mr. McGuire ,4,110 acting independently). The Council had been kept informed on everything and she felt that protecting the z:\council packets\2008\r4-17-08\04-03-08 executive and regular session minutes.doc Page 10 of 12 Town's resources was a critical issue. She said she believed there was only one party that wanted this to move ceforward and one party that benefited if it did not. She expressed the opinion that what had been presented was not a fair depiction of what had occurred. Councilmember McMahan advised that he supported Councilmember Kehe's comments and Mr. Kinsey's proposed approach. He added that they should not"point fingers"at anyone. Councilmember Archambault stated that they had been down this road before and he felt they would just go down that same road again. He noted that MCO kept coming to them at the 11th hour with different requests. He said that the"ball has been in MCO's court" and it was sent to corporate and they waited months to get back to the Town. He added that he could not support the proposal. Councilmember Schlum stated that as long as there was a light at the end of the tunnel he was more than willing to continue the dialogue. He agreed, however, that there always seemed to be something else that MCO brought up. He indicated his willingness to enter into one more dialogue in an effort to reach a possible agreement. Councilmember Leger commented that the idea of the meeting was an interesting one and pointed out that many meetings had been held. He said that if the purpose of the meeting was to come up with a compromise, the Town's insurance carrier had told them in plain terms that there was no compromise. From his perspective, the "ball was in MCO's court" with respect to the recreational open space use liability legislation. It was his understanding that this issue had been made perfectly clear. He was all for having meetings and getting people together but this had happened before and they kept going "round robin." If it took a group of people coming together to come up with a compromise regarding this one point, he was always one for compromise. However, the insurance carrier had told them that there was no room for compromise because it was a matter of law so he was not sure what would be accomplished by another meeting. He said that he was at the point that if they did not hear from MCO's attorney to give them a specific yes or no on this particular legislation, he was ready "to cut bait" on the matter and look into another way to access the Preserve. If that required them going up the easement,he was more than happy to look at that alternative. Discussion ensued relative Councilmember Kehe's comment that they were in fact at an impasse and would not make progress if they did not get together and talk; the fact that MCO's attorney continued to avoid getting back to the Town on the outstanding issue that was holding up the entire process; Councilmember Schlum's willingness to enter into an additional discussion while remaining strong on the issue of the Town's liability, an issue that the entire Council recognized as being critical and Councilmember Archambault's comment that the real problem all along was that the real players did not get together; Mr. Hall did not make decisions for MCO, it was Mr. Horowitz and their attorney and until they get those two together in a room, no agreement could be reached and the fact that they could tell MCO to forget about this whole thing and tell them to take their gate down. Mayor Nichols thanked everyone for their input and said that before they closed the meeting he would like to thank Town staff for the great job they did in helping to facilitate the weekend interviews with the Town Manager candidates. He also thanked the members of the Selection Committee for their outstanding performance. He said that the process was great and the public forum was really recognized by the citizens; they felt very much a part of the process. He noted that Councilmember-Elect Cassie Hansen had participated in the process and effort was expended to make it as all inclusive as possible. He stated that he was very pleased with the results and as they move forward he was certain that they would select someone who would be beneficial to the Town. Councilmember Kehe asked whether there was support to schedule a meeting for the original group to meet with MCO and their representatives. Loy Mayor Nichols said he was not sure whether he could ask that question because it was not agendized. z:\council packets\2008\r4-17-08\04-03-08 executive and regular session minutes.doc Page 11 of 12 Mr. McGuire stated that although the issue was not agendized for any type of action, he would be more than happy to set up the meeting to have everyone in the room and participate in that discussion knowing that they had one issue to be addressed. %NW) Councilmember Kehe thanked Mr.McGuire for scheduling and facilitating that meeting. AGENDA ITEM#10—SUMMARY OF COUNCIL REQUESTS BY INTERIM TOWN MANAGER. Ms. Zanon said that she would ensure that the above referenced meeting between the Town and MCO was scheduled. AGENDA ITEM #11— 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#12—ADJOURNMENT Councilmember Schlum MOVED that the Council adjourn . .: ouncilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). The - g adjourned at 7:49 p.m. TOWN OF �. • N HILLS / By tak Mayo Wally •• ATTEST AND PREPARED BY: Bevelyn J. en r,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 3rd day of April 2008. I further certify that the meeting was duly called and that a quorum was present. DATED this 17th day of April 2008. Bevelyn J. end , Town Clerk j z:\council packets\2008\r4-17-08\04-03-08 executive and regular session minutes.doc Page 12 of 12