HomeMy WebLinkAbout2004.0219.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 19,2004
Mayor Nichols called the meeting to order at 5:00 p.m.
AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38-
431.03.A.1 FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT,
APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES DISCIPLINING OR
RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY,
EXCEPT 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, THE TOWN MANAGER'S EVALUATION
AND BENEFIT PACKAGE.)
Councilwoman Stevens MOVED to convene the Executive Session and Councilwoman Nicola SECONDED
the motion, which CARRIED UNANIMOUSLY. Mayor Nichols recessed the Executive Session at 5:50 p.m.
AGENDA ITEM#2—RETURN TO REGULAR SESSION
Mayor Nichols reconvened the Regular Session at 6:30 p.m. Following the invocation by Mayor Nichols, roll
call was taken.
ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council:
Councilman Archambault, Mayor Nichols, Councilwoman Stevens, Councilman Kavanagh, Vice Mayor
Melendez, Councilwoman Nicola, Councilwoman Ralphe. Town Attorney Andrew McGuire, Town Manager
Tim Pickering, Town Clerk Bev Bender, Accounting Supervisor Julie Ghetti and Director of Parks and
Recreation Mark Mayer were also present.
MAYOR'S REPORT
a) Mayor Nichols read a copy of a Proclamation recognizing March 1 through the 6th as Golden Eagle
Foundation Week and stated that the Golden Eagle Foundation was formed as a non-profit coalition of
residents in the lower Verde River Valley area to bring together the business community, parents, and other
concerned citizens in an effort to enhance and enrich the educational experience of students from Fountain
Hills, Fort McDowell Yavapai and Rio Verde communities to generate the funding and implementation of
educational opportunities and techniques beyond the scope of the state-financed budget. He added that
through the efforts of the Golden Eagle Foundation 2003 graduates received $30,000 in scholarships,
educational programs received $15,000 in support and the Town's school district's exemplary staff received
$5,000 in recognition awards. Mayor Nichols stated that the Golden Eagle's Foundation, together with local
schools, would be hosting a number of events throughout the first week of March and said it was his honor
to declare March 1 —6, 2004 Golden Eagle Foundation Week.
b) Mayor Nichols read a proclamation in support of the "Red Means Stop Coalition," and noted that motorists
are more likely to be injured in crashes involving red light running than in any other type of crash. He
stated that the "Red Means Stop Coalition," the Governor's Office of Highway Safety, local hospitals and
emergency clinics, State Farm, and other national, state and local agencies were advocating for the
prevention of red light related crashes. The Mayor said it was his honor to proclaim March 1 through March
30, 2004 Red Light Running Awareness Month in Fountain Hills and encouraged all of the residents to
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support the Coalition and recognize that red light running is a serious problem that causes numerous
intersection crashes resulting in injuries and death.
CALL TO THE PUBLIC
John Turner, 17135 Calaveras, said that while viewing the Town's website, he came across the Town meeting of Nair
February 5, 2004, and noticed that it had been altered (censored and edited). He said he knew some of the
reasons behind this but wanted to ask if the PAC group was being eliminated because it was commercial, why
was the fifth person in the Call to the Public, who had nothing to do with that PAC group, also removed.
Mayor Nichols asked whether Town Attorney Andrew McGuire wished to respond and Mr. McGuire said he
would do so after all of the speakers had provided their input.
Bob Tripp, 16410 E. Tombstone Avenue, said he was one of the people who spoke last week and he was not an
official member of the CSOC (Citizens to Save Our Community) group but was a volunteer who worked with
them. He stated the opinion that censorship was thriving in Fountain Hills and asked whether the Council cared.
He added that the Town Manager, Tim Pickering, believed that he had the right to censor the public Town
Council meeting by editing what was placed on the official Fountain Hills website and what was presented on
the Channel 11 cable TV station. He said that the presentations made by four individuals in support of the fire
district during the Call to the Public at the February 5th Town Council meeting were deleted from presentations
at the meeting on both the website and Channel 11. He added that residents who depended on these media to
view the Town Council meetings were only getting what Mr. Pickering wanted them to see. He said that when
he questioned Mr. Pickering about this issue he stated that the Town could not, by law, spend any money
supporting such efforts. He asked that they examine the costs and said that as far as the taping costs, he pointed
out that the tape was already made. He noted that Mr. Pickering could not explain how any Town monies were
spent to have the four presentations added to the web site or shown on Channel 11.
Mr. Tripp stated that he pointed out that the only money spent by the Town was the cost of having someone edit
out the offending materials. He added that the employee in charge of the web site was directed by Mr. Pickering
and Town Attorney Andrew McGuire to edit out the offending material presented by the four speakers for the
ti fire district. He said that when he asked if such editing was normal, he was advised that this was the first and
only time that staff had been asked to do so during the fourteen months he had been responsible for the tapes.
He stated that he was appalled that in this day and age they were allowed to "trample" on the Constitutional
rights of the citizens and said he was ready to fight the censorship by all and any means possible. He noted that
he had contacted the FCC (Federal Communications Commission) in case it was claimed that they were the
force behind the censorship and requested that the ACLU (American Civil Liberties Union) work with him to
eliminate this obscene effort by the Town Manager to over-rule and ignore a basic Constitutional right.
Mayor Nichols advised that Mr. Tripp's time was up and thanked him for his comments.
Rita Brown, 16738 E. Nicholas Drive, stated that the Call to the Public portion of the Town meeting was
censored from the broadcast of the February 5th meeting and said she believed this was the decision of the Town
Attorney to censure information going to the residents of Fountain Hills. She added that it was ludicrous to
believe that the FCC would or could censure the speech of residents at their own Town Council meeting. She
noted that there were limits on the types of programs presented on the Cox public channel and noted that the
Call to the Public was not a separate little program but rather a part of the whole and fits into the context of the
Town Council meeting. She stated that it was the residents' time to address any issue affecting the Town, Town
people and Town policy and added that without the Call to the Public, the Town Council would become
dictators, never having to hear what they did not control. She expressed the opinion that if the Town of
Fountain Hills' meeting was broadcast, there was an obligation and right to do so in its entirety. She said that
the decision to censor the Call to the Public was made by the Town Manager and the Town Attorney, both of
whom are personally opposed to the topic that was discussed. She noted that although four of the five speakers
during this agenda item spoke as members of CSOC, the fifth spoke as a private citizen and was also censored
because he spoke in favor of the formation of a fire district.
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Ms. Brown questioned when censorship had occurred in the past and asked what other groups had been deprived
of the right to speak. She also asked which individuals had been silenced because of the personal preferences of
Town employees.
,,, Town Attorney Andrew McGuire responded that he would like to provide the Council and audience with the
"full picture" regarding this matter. He stated that approximately one month ago, Council directed staff (and
directed CSOC) to bring back a presentation where they were at on the collection of signatures. He said CSOC
was contacted and asked to provide an update on this issue. The presentation that came back was on why a fire
district was beneficial rather than on the number of signatures collected. He added that Mr. Pickering contacted
the committee and asked them to pare it back to what was requested and the context of the e-mails that went
back and forth between the committee and Mr. Pickering on that Thursday and Friday of the week was that they
understood and would pare it back and stick to the agenda. He advised that by Monday of the following week it
had turned into an incomprehensible message from CSOC that was not understandable when the request was
that they said they would have something to the Town by Monday but nothing had been received. He said they
asked CSOC if they wanted to reschedule the presentation until the next meeting and received a response back
that he did not understand. He added that the request for additional information was left unanswered and
therefore the issue did not make the agenda.
Mr. McGuire stated that instead of calling staff back and providing information as to what would be discussed
under that agenda item, the committee simply broke it up into four speakers under the Call to the Public. He
noted that the same request was made to the Town in the fall and said that he and Councilman Archambault
discussed whether they could place a presentation on Channel 11 that dealt with the Committee's efforts. He
advised that at that time that it was not a proper use of Channel 11; that it was not a governmental program used
by a governmental entity, and noted that a lot of confusion existed regarding the public channels that do exist.
He pointed out that in 1991 when the original licensing agreement was signed with Cox, the Town had a public
access channel, an education channel, and a governmental channel. In 1995, when the license was amended,the
public access channel went away and all that remained was the Town's governmental channel and the
educational channel, which, under the terms of the Town's license and Code, was for Town business. He
emphasized that the presentation under discussion was not Town business. It was a presentation by a political
committee, registered with the Town for a political purpose. He noted that the same process would be followed
if one of the candidates for Town Council stood up and under the Call to the Public said, "vote for me" and
provided justification for the request.
Mr. McGuire expressed the opinion that this type of message was outside of the limits of the channel and noted
that they were following Federal case law in this instance. He stated that he was advised that the fifth speaker
was not a member of the Committee, and was not speaking as a member of the group, and his remarks would be
placed on the video. He explained that a registered political committee could not have their message
rebroadcast over and over again just because it was under the Call to the Public. He pointed out that this was the
first time a registered political committee had done so. He also noted that censorship would be saying they
could not speak at all but said that the speeches were made at a public Council meeting and were live web-cast,
not edited, and any one watching the show heard and saw the speakers. He added that the Town was not
responsible to ensure that the group's message was rebroadcast over and over again. The whole point was not
that the speech was stopped,but re-broadcasting was not under the realm of the Town's responsibilities. He said
that he welcomed additional questions regarding this issue.
Mayor Nichols thanked Mr. McGuire for his input.
CONSENT AGENDA
AGENDA ITEM#1 —CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF
FEBRUARY 5,2004.
AGENDA ITEM #2 — CONSIDERATION OF RESOLUTION 2004-09 APPROVING THE
INTERGOVERNMENTAL AGREEMENT FOR MEMBERSHIP IN THE COOPERATIVE
PURCHASING GROUP,STRATEGIC ALLIANCE FOR VOLUME EXPENDITURE(S.A.V.E.).
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AGENDA ITEM #3 — CONSIDERATION OF APPROVING FUNDING IN THE AMOUNT OF
APPROXIMATELY$1,500.00 FOR A PAUL NORDIN MEMORIAL.
AGENDA ITEM#4—CONSIDERATION OF APPROVING FUNING IN THE AMOUNT OF$55,377.00
FOR THE SHEA BLVD.BIKE LANE PROJECT.
AGENDA ITEM #5 — CONSIDERTION OF APPROVING AN EXTENSION OF 160 HOURS TO
WILDAN'S CONTRACT FOR PLAN REVIEW OF THE MOUNTAIN PLATS AND IMPROVEMENT
PLANS.
Councilman Archambault MOVED to approve the Consent Agenda as read and Councilwoman Ralphe
SECONDED the motion.
A roll call vote was taken with the following results:
Councilwoman Stevens Aye
Vice Mayor Melendez Aye
Councilman Kavanagh Aye
Councilwoman Nicola Aye
Mayor Nichols Aye
Councilwoman Ralphe Aye
Councilman Archambault Aye
The motion CARRIED UNANIMOUSLY(7 to 0).
AGENDA ITEM #6 — QUARTERLY BUDGET UPDATE BY ACCOUNTING SUPERVISOR JULIE
GHETTI.
Accounting Supervisor Julie Ghetti said she was happy to present a quarterly budget update ending December
31, 2003, and highlighted a brief power point presentation (on file in the Clerk's office) on this agenda item.
She noted that for six months in a row, revenues exceeded expenditures in the General Fund for a total of
$987,000 as of December, with $326,000 in the HURF (street) funds. She explained that part of the reason for
that was a budgeted expenditure of$400,000 for a sales tax rebate would not be made this year and, in addition,
the Town received an unanticipated refund in the amount of$152,000. She added that in the HURF fund, some
of the surplus would probably be utilized over the next six months and noted that a majority of the major road
projects had not been completed since they were usually done during the cooler months.
Ms. Ghetti reported that the Town's building permit fees would exceed the budgeted amount and said that
currently the General Fund balance was $5 million, which was over the Town's goal of$4.7 million. She added
that with regard to last year, the Town's General Fund expenditures were down 21% from the prior year,
primarily in the wages and benefits area. She said that staff felt comfortable that financial stability had been
restored and noted that the Town continued to take in more revenue and monitored expenses to ensure that they
don't expend more than what was taken in. She added that their next challenge was to look to the future, plan,
and remain disciplined in following adopted financial policies. She noted that last year the expenditures
exceeded revenues and said that the reverse was true this year.
Ms. Ghetti discussed the Town's General Fund top revenue sources, which account for 91% of the total General
Fund revenues and added that the Town's top ten revenues account for 96% of the General Fund revenues. She
noted that the local sales tax revenue had increased from 1.6% to 2.6%. She reported that construction sales tax
remained steady and discussed building permits, related activities and associated fees. She stated that HURF
fund revenues remained the same for the two fiscal years but added that the expenditures were $500,000
compared to $700,000, resulting in a half million-dollar fund balance. She advised that the excise (local sales)
tax fund, a restricted fund for mountain preservation and downtown development, were quarterly revenues, and
noted that the fund balance for mountain preservation as of 12/31/03 was $1,444,271 and $825,442 for
downtown development. She also referred to a slide depicting a summary of the Town's balance sheet and
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noted that for all funds the total cash was $10 million, $5 million of which was in the General Fund and $5
million was in the restricted funds.
There were no speakers wishing to talk on this matter and Mayor Nichols thanked Ms. Ghetti for the update.
AGENDA ITEM #7 — CONSIDERATION OF APPROVING A CONTRACT WITH SITE DESIGN
GROUP, INC. FOR SERVICES ASSOCIATED WITH THE DESIGN AND LOCATION OF A
POTENTIAL SKATE PARK.
Parks & Recreation Director Mark Mayer addressed the Council relative to this agenda item and noted that the
Council report outlined the process that was followed even before his tenure with the Town began. He advised
that the Parks & Recreation Commission brought this item forward and noted that $60,000 was set aside this
fiscal year to either provide the necessary funds for the design work for the concrete structure or provide funding
for a modular skate park structure. He said that during deliberations with the Commission this year it came to
staffs attention that a Town committee had been formed, chaired by Phyllis Kern, who indicated that the group
was supportive of the skate park concept. He added that as discussions continued regarding the skate park,
concerns were expressed by neighbors who live in the Four Peaks area, the identified potential site for the skate
park. He reported that since that time effort had been expended to work with both groups to bring this process
forward.
Mr. Mayer reported that at the December Commission meeting speakers spoke both in support of and opposition
to the project and said that after hearing those comments the Commission felt it appropriate to look at the
potential for hiring a consultant. He noted that the information was included in the Council's packet and
explained that the consultant, in essence, would be performing only what was considered a Phase 1 analysis,
designed to accomplish a number of things. He said it would include the collection and analysis of information
to determine the best course of action for the Town to take regarding the skate park development, would provide
a recommendation relative to the most appropriate site for the project, and would provide a programming
conceptual schematic design and cost estimate of the proposed skate park based on public input. He pointed out
that during the first phase the consultant would not provide the next step, Phase II, which would be the detailed
design that would ultimately be required if a concrete bowl type of structure was ultimately chosen. He said that
the issue the Town had with bringing this proposal forward at the staff level was that no means had been
identified in the budget to cover the potential cost if a concrete structure was ultimately chosen.
Mr. Mayer added that citizens were present this evening to speak on both sides of the issue, noted that the
proposed consultant was highly recommended and said that staff reviewed similar projects completed by them
and determined they were certainly capable of performing the required work. He emphasized the importance of
not compromising the potential ability to ultimately move forward with a modular structure, if that was the
decision of the Council. He added that he asked one of the potential suppliers to provide him with a schematic
of what a modular skate facility might look like, assuming a reduced budget of $30,000 to $50,000 and that
information was provided. He said that he felt comfortable that if the ultimate decision were made to move
forward and hire the consultant and build a modular structure, sufficient dollars would be in place to accomplish
this.
Mr. Mayer emphasized that subsequent phases would need to take place before anything more extensive was
constructed in the event a concrete bowl was decided upon. He noted that the skate park committee, in their
deliberations, had indicated their willingness to engage in fund-raising activities. He commented that additional
costs would be associated with a second phase as well as with the construction.
Councilman Archambault asked whether the committee had talked with the School District about the possible
use of one of the basketball areas for use as a temporary structure. Mr. Mayer responded that this possibility
was explored and one of the concerns that was raised at the December meeting was that if a modular structure
was installed, at that or any other location, it would adversely affect their ability to perform fund raising for the
simple fact that if it was installed, what kind of interest would there ultimately be in contributing to a more
extensive facility. He added that another concern was that if the skate park were placed at a location other than
Four Peaks, as originally planned, it would also negatively affect fund raising efforts.
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Councilman Archambault noted that there were other school properties in Town that would not be utilized by
the School District as far as building any more schools and asked if school-owned properties had been looked
into as a possible site. Mr. Mayer responded said that discussion had occurred at the Commission level about
the potential for park sites, but not specifically as skate park sites. He added that throughout his discussions
with the consultant, in order to keep the focus and the cost minimized, he recommended to the consultant that he
look at the existing park sites that they had as well as the potential for other public properties that were owned,
but did not consider going past that point.
Councilman Kavanagh asked what the consultant's responsibilities would entail as far as "assisting with the
siting." Mr. Mayer said they would analyze the site based on its suitability from a variety of perspectives,
including utilities,public ownership, site access, and public opinion and would base their recommendation on all
of these criteria. He added that they would also help develop a cost estimate and material type and quantities.
Councilwoman Nicola said she was slightly confused about the reference to city and community (Page 1, under
objectives, Exhibit B) and the difference between the two. She noted that they were looking at four different
sites and asked if in the community they were going to hold meetings in individual neighborhoods. Mr. Mayer
stated that included in the consultant's report was a list of a series of meetings they would host, some with staff,
some with potential users, and a community meeting. Councilwoman Nicola pointed out that on Page 3 they
talk about only one community meeting and said her understanding was that it would be a Town meeting. Mr.
Mayer agreed. She also referenced Section 1.10, "the plan will be suitable for development at all of the four
potential sites," and stated the opinion that this was a "high order" given the fact that the four sites were so
different. She asked whether this was the true intent. Mr. Mayer expressed the opinion that it was their intent to
identify the four potential park sites that would be looked at in addition to the other public properties that they
were asked to look at. He added that their thought was to develop a plan that could potentially fit in any of those
park sites.
In response to a question from Councilwoman Nicola regarding timeframes, Mr. Mayer advised the consultant
indicated they would complete Phase 1 within 34 working days.
Councilman Archambault asked whether the plans would be rough sketches or more detailed, requiring
additional engineering work. Mr. Mayer responded that they would take two forms, one would be a schematic
design showing conceptually what the skate park would look like and they would also show schematically the
area surrounding it because it would affect some other potential amenities. He clarified that they would not
provide the next step,Phase II,the detailed design, which would be the bidding documents.
Councilman Archambault asked whether staff had determined what Phase II would cost and Mr. Mayer
responded that based on his conversations with the consultant, they estimated that it would cost $19,070 for a
detailed design and associated drawings.
Councilwoman Stevens asked whether staff had any information as to when and why the skate park was
originally proposed for this site. He said that the 1999 Master Plan included the location of the skate park in
Four Peaks Park. She asked if a consultant was hired at that time to look at all the parks and determine the best
site and he stated that it was his understanding, from conversations with people who were on the Commission at
that time, that several factors were considered by the Commission as well as the person who put together the
Park's Master Plan. He added that they were asked to take into consideration that based on the development of
the community; the highest density appeared to be in the northeast corner of the community, the Four Peaks
Park area. He added that they also surmised that because of the higher density, there was likely to be a higher
concentration of children in that particular area. He noted that the Town had four parks and therefore they were
limited to those four choices.
Councilman Archambault asked Mr. Mayer if he had determined when they anticipated actually building the
skate park and said he believed they were running behind. Mr. Mayer concurred that they were significantly
behind schedule and advised that the intent at that time was to put in a temporary skate park, which was
ultimately done, but noted that it did not last very long. He said that once that was taken out, the intent was to
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have something more substantial, such as a concrete facility, replace it at that particular park. He added that
unfortunately funding was not available at the time to accomplish this.
LCouncilwoman Stevens asked Mr. Mayer's professional opinion as to what the criteria should be for the site of
the proposed skate park. He responded that there needed to be a number of criteria and said that in a perfect
world with potentially more community parks that were not built out, it would be appropriate to site a facility
such as this. He added, however, that the problem was that there was no place in Golden Eagle Park to put this
facility if it was going to be anything other than modular. He said that the only site he was aware that could be
used without affecting other existing amenities in Golden Eagle Park would be the site that the school had
mentioned. He emphasized that the intent of a community park was to place the type of amenities in it that
would draw people from throughout the community and said that was the case at Golden Eagle Park.
Councilman Archambault commented that at one point he saw a drawing of the proposed skate park by the wash
between the tennis courts and the current soccer field at Four Peaks Park. He stated the opinion that the in-
ground park that they were talking about now was much larger than that. Mr. Mayer advised that from the
Town's perspective, an 18,000 square foot facility was originally planned but added that there were clearly
people in the community and on the committee who would like to see a larger facility constructed. Councilman
Archambault asked if that could be a $400,000 facility and Mr. Mayer responded that it certainly could be
depending on the type of other amenities included around it. He added that he was told it would cost$25 to$30
per square foot to build a concrete facility.
Councilman Archambault expressed concern that $60,000 was budgeted and the youth of the Town was
promised for the past two years that at the very least a temporary facility would be put up. He said that now it
appeared they were going to "dip" into those monies without any other designated funds to actually build an in-
ground park. He stated the opinion that at some point they should "cut bait" and say they need to put something
up for the kids.
In response to a question from Councilman Kavanagh, Mr. Mayer said that the square footage of the basketball
court was approximately 10,000 square feet. Councilman Kavanagh said he had heard that the site was not
acceptable due to its small size and Mr. Mayer responded that it would be smaller than the proposed 18,000
square foot facility and smaller than the existing basketball courts at Four Peaks Park.
In response to a question from the Mayor, Town Clerk Bev Bender stated that ten citizens submitted requests to
speak regarding this agenda item and noted that twelve citizens submitted cards indicating their opposition to the
skate park but did not wish to speak: Lee Fernandez; Rose Barringer;Marlene Hinkley; Stan Hinkley, (believed
the design site was not un-biased and the Town does not have the money for this project); Denise Dukart; Ed
Dukart; Mary Chase; George Chase; Camillo DeNinis; Linda Turner; Christine Lang and Rex Marinis. Ms.
Bender advised that three of the above listed citizens wrote that they were opposed to the skate park; another
wrote that the Town did not have the money for the skate park and the other citizens did not list any specific
reason for their opposition.
Councilman Kavanagh MOVED that the Council approve the contract with Site Design Group, Inc. for services
associated with the design and location of a potential skate park for purposes of discussion. Councilman
Archambault SECONDED the motion.
Councilman Kavanagh stated that issue of a skate park had been dragging on for far too many years, which in
his opinion was a disgrace. He noted that before he was elected to the Council he served as a member of the
Parks &Recreation Commission and various subcommittees.
Mayor Nichols commented that typically the Council hears from the citizens prior to the Council's remarks and
asked the speakers to come forward as their names were called and present their remarks. Councilman
Loy Kavanagh concurred.
Dick Schmidt, 17319 E. Hill Drive, stated that he was the Chairman of the Parks & Recreation Commission
agreed that this issue had been discussed over and over again. He said that the program that was being
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presented had the unanimous support of the members of the Commission. He added that they believed it was
time to start moving on this issue in a constructive manner and said that the proposal would give them the
opportunity to learn about constructing a skate park in Fountain Hills, including the best site and costs so that
their budget could include the necessary monies. He noted that the skate board committee wanted to contribute
dollars, materials, and manpower, and said after the consultants submitted their report they would determine
how much to expect of them and would know what they were really talking about. He expressed the opinion
that voting not to proceed would set the project back another year or two or three and said that skate parks have
proven not to be merely a fad and it was time for Fountain Hills to join the rest of the communities in the
country who were building nice,usable skate parks for children as well as young adults.
Phyliss Kern, 15840 Centipede Drive, Chairman of the Skate Park Committee, concurred with the remarks
presented by the previous speaker, and said the group wanted to build a first-class skate park of which everyone
could be proud. She stated that they tried to pursue the modular facility, the "in-between" facility, and it was
wrong. She emphasized the importance of doing it right or not doing it at all. She added that right now they
needed Town funding to hire the consultant and stated the opinion that after hearing Ms. Ghetti's report,
adequate monies were available. She noted that it was this group that brought the design group to the Parks &
Recreation Department as well as other groups. She advised that when the consultants met with Mr. Mayer, she
was not allowed to be present, and added that the study and design was necessary in order to move forward. She
expressed the opinion that a skate bowl was no different than a huge swimming pool and when it rained, the
water had to go somewhere. She noted that there was a natural wash to the north of the proposed site (Four
Peaks Park) where the water could be drained and said that in his opinion that would be the most logical site.
She added that the members of the Committee did not support a temporary facility.
Ms. Kern advised that last night she attended a meeting of the Fountain Hills Association of Licensed
Contractors and read into the record a copy of a letter to the Council from the members of the Fountain Hills
Skate Park and the Fountain Hills Association of Contractors pledging their time, labor and materials to help
construct a skate park in Fountain Hills. (Copies of which were distributed to the members of the Council.) The
letter went on to state that a strong need existed for such a park in the community and they were unanimous in 441)
their support for the project. Ms. Kern added that in order for the project to be successful, they needed funding
from the Town in the amount of$60,000 and noted the huge amount of volunteers and the fund raising efforts
that would also take place. She stated the opinion that the project could be scaled down to a cost of$150,000 if
the Town contributed the land and the $60,000. She pointed out that a skate park required the use of very
expensive cement, not the normal concrete used on a construction job, and stressed the importance of getting
away from the "not in my backyard" mentality. She requested that the Council help them to proceed with this
project and noted that later on in the meeting the Council would be voting to spend monies for the Civic Center
Phase II project, which she referred to as a "play yard," and added that the Council should consider this project
as important.
Joanna DeNinis, 14810 N. Del Cambre Avenue, stated that she was representing a majority of the residents of
the Four Peaks Park area, said that the contract should not be approved. She added that the location of the skate
park should not be determined by site design because it would be a conflict of interest and said if the study must
be conducted, it should be done by a third party who did not have a vested interest in the project. She stated that
it was first essential to determine if there were any appropriate locations for a skate park in Town or if there was
a neighborhood in Town willing to accept one. She noted that any proposed site must contain an adequate
amount of land, be easily accessible and should not be in close proximity to homes. She said that if there were
no sites that meet the criteria,then there was no reason to spend $8,000 or more for a consultant to determine the
location and site design. She added that they understood the concerns regarding the promise made to the youths
of the Town and asked that the Council keep in mind that a site was located for an above ground skate park that
appeared to meet all of the criteria. She stated that the Parks & Recreation Commissioners were ready to
approve the above ground site until it was turned down by the Skate Park Committee chairperson. She added
that the youths could have benefited from that park and the Town's promise to meet that obligation was met but
was not good enough and turned down.
Ms. DeNinis stated that they had not determined the number of youths who would actually use and benefit from
a skate park and said that approximately 45 youths attended various meetings and events. She questioned
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whether that number of youths warranted spending a minimum of$350,000 and taking up available park space.
She stressed the importance of prioritizing and said that the Council should consider the need for more soccer
and ball fields that attract a larger segment of the population's youth. She requested that they vote to deny the
proposed contract.
In response to a request for clarification from Councilman Kavanagh, Ms. DeNinis said that she believed a
conflict existed because a skate park contractor would "make it fit" regardless of whether it should go there as
long as they got the contract. She stated the opinion that the best location for the skate park would be Desert
Vista but added that they would need to ask the neighbors around that location whether they were willing to
accept that. She noted that Four Peaks' area residents were not in support of the projects and unless they
determined where it was warranted and accepted, there was no point in spending $8,000 or more for a
consultant. She added that a skate park should not be placed in a park simply because it could fit, it should meet
certain criteria.
Andrew Lang, 14825 El Sobrante, stated that he opposed the idea and asked whether any members of the
Council had seen the addition to the Boys & Girls Club. He said that the facility was huge and that the
neighbors referred to it as "Noah's Ark on the Hill." He asked what the ramifications of this in their backyard
would be and said they already had a school, a park and this large Boys & Girls Club. He commented on the
negative impacts of increased traffic, vandalism, and parking issues and asked the Council to vote no on this
matter. He added the opinion that a temporary facility would suffice.
Nancy Marinis, 14831 N. El Sobrante, also spoke in opposition to hiring a consultant at this time and stressed
the importance of waiting until funds were in place to build a high quality skate park. She said it was her
understanding that to date the Town had budgeted $60,000 for the skate park and the consultant's cost would be
approximately $8,000, which would come out of the budgeted $60,000. She questioned where the additional
funding would come from and pointed out that although volunteers and donations had been talked about, there
were no written funding commitments and the Town could not afford to proceed. She asked the Committee to
"show them the money," stated the importance of a financial plan and questioned whether environmental and/or
urban impact studies have been conducted on any of the proposed sites. Ms. Marinis added that before the
Town proceeds in spending any money, the Committee needed to show how much money it would have to bring
to the table. She also questioned whether the parents of children who attended Four Peaks Elementary School
were aware of the fact that they were considering building a skate park right next to the school and commented
on noise impacts.
Don Williams, 14617 N. El Sobrante, said that he and his family had lived at that address,right across the street
from the Four Peaks Elementary School, for the past 14 years and had seen the lack of progress on the skate
park. He stated that they wouldn't have moved into a neighborhood with a grade school if they didn't care
about children but said that the reason so many people were adamantly against it was because of the associated
noise that emanated from the temporary facility that negatively impacted the entire neighborhood. He added
that the facility was in the wrong place, right in peoples' front yards, and the noise was to the point that it kept
people awake. He stressed the importance of having a nice, family-run skate park and said that the temporary
facility was not run by anyone. He also spoke in support of adequate adult supervision and requested that the
Council not site the facility at the much used Four Peaks basketball courts.
Mary Williams, 14617 N. El Sobrante, opposed moving forward with the proposal for the reasons previously
stated by her husband. He added that the General Plan calls for basketball courts, which would be totally
eliminated, and the next nearest courts were two or three miles away at Golden Eagle Park. She stated that the
courts were used constantly, even on a daily basis by the schools for P.E. activities. She said that if the Town
wanted to pursue something for its youths, a public pool would be in order and would serve more youths,
particularly during the hot summer months.
In response to a request from Councilman Kavanagh, Mr. Mayer clarified that the Park Master Plan called for a
skate park as well as reconstructed basketball courts, so this amenity would still exist.
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John Parezanin, 9048 N. Fire Brick Drive, a member of the Skate Park Committee, commented on the money
that had been spent to date just getting to this point. He added that Phyliss Kern had put out some money. He
noted that lack of youths in attendance at the meeting and said that the ten or twelve youths he usually brings to
a meeting asked him why they should go when the adult community doesn't care about them. He asked if the „ill)
citizens of Fountain Hills were willing to invest forty cents each to invest in a project that will benefit the
youths. He expressed the opinion that the money for a professional to determine an appropriate site would be
well spent.
John McNeill, 14508 N. Creosote, stated that he opposed this agenda item, but not because he opposed a skate
park. He said he thought the Council should proceed with the construction of a skate park at the Four Peaks
location that was selected by the Parks & Recreation Commission and the Council years ago. He added that
additional Town monies should not be spent on studies.
John Turner, 17135 Calaveras, said that shortly after the meeting where this was proposed by the Parks &
Recreation Commission, he sent an e-mail to the Mayor and Council and expressed his concerns regarding a
possible conflict of interest issue. He stated that he was a contractor for almost 30 years and understood that if
he were going to do a site work plan, he would also expect to get the contract. He added that this was the basis
for his opposition. He also commented that the basketball courts were going to be used and questioned where
they would be relocated. He noted that as a contractor he would look at this and say, "What's the easiest place
for me to build this?" He requested that the Council not vote in support of this proposal.
Mayor Nichols thanked the speakers for their comments.
Vice Mayor Melendez said that he found the remark Ms. Kern previously made about a "play yard" to be
offensive and said they were talking about a place where they were going to conduct business for years to come
for the community. He said he believed that she stated her group was seeking funding in the amount of
$150,000. Ms. Kerns responded that the amount was a guess and until the site plan was completed, an exact
figure could not be determined. She agreed that the $150,000 was just a ballpark figure at this point in time.
The Vice Mayor commented on the difficulties associated with fund raising and the significant competition that
existed. He added that he applauded her goal of raising that significant amount of money. He also noted that a
large number of the contractors she listed as potential contributors were friends of his and said he would ask
those same contractors to donate money to construct monument signs for businesses in Town that were
suffering. He cautioned against stating that a specific amount of funding would be raised during these difficult
financial times.
Ms. Kern responded that she has been a resident of Fountain Hills for 27 years and if she said something, it was
usually done. She noted that they used to raise $30,000 to $35,000 for the Fourth of July celebration. She
agreed that although she used the figure $150,000, she could not determine a final figure until the report came
back from the consultant and added that the consultant's fee would be money well spent. She apologized for her
"play yard" comment but said it struck her as odd that tonight the Council would be voting on a $5.2 million
project and yet they could not get $8,810 through. She said that they owed it to the youths and young adults of
the community to move forward with the study.
Councilman Kavanagh said that there was much misinformation floating around and added that he would like to
clarify some issues. He stated that although everyone was referring to this as a "skate park," it was not and
noted that although Four Peaks Park had soccer fields, it was not referred to as the "soccer park." He explained
that they were actually talking about a small skate park amenity inside of a multi-purpose park. He added that
the term "skate park" projects an image of a huge skate park structure but in reality they were talking about a
relatively small skate park area.
Councilman Kavanagh noted that the consultants received bad press last night during the candidates' debate. He
clarified that of the $8,810, only a small part of it was for the consultant and a majority of the funds were for the
layout and schematic designs, which were architectural services. He added that the consultant's part of the
proposal was to recommend where the skate park should be located. He said that everyone was saying that the
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limit of the Town's commitment to the skate park was $60,000 and said that although the Council placed
$60,000 aside in the budget for that purpose,no one ever said that was going to be it and the door was not closed
on additional funding. He stated that they had to wait and see what the eventual plan was and how much
additional donations were received. He said that although that could be the true figure, they should not assume
�r that it would be until all of the information and facts are in.
Councilman Kavanagh stated that before serving on the Council he was a member of the Parks & Recreation
Commission and said that this issue had been around for a very long time. He advised that the voters had
approved Master Plan and that the construction of this facility at Four Peaks Park had only became controversial
when a small group of people, approximately 24, who lived right across the street, began to speak against the
project. He commented that if you asked people how projects should be sited in their neighborhoods, everyone
would say that the only thing they wanted was "open,preserved space." He said that the amenities must be sited
somewhere and agreed that the project belonged in Four Peaks Park. He added, however, that there were
members of the Council who had reservations about siting it at that location and said he was willing to proceed
with the study to include a small portion for where was the best place to site it. He stated that even though he
did not believe they needed to spend a small portion of the $8,000 on that, he would be willing to do so to bring
the issue to fruition and give the youths a place to skate in the Town. He said he wanted to know one thing from
the members of the Council who would still be serving after the election: If they hired the consultant and asked
him to recommend the best place to locate the facility, would they respect that? He commented that if they were
not willing to an impartial consultant, then they would be wasting their money. He emphasized his willingness
to go with whatever the consultant recommended, even if it turned out not to be where he believed it should be.
He asked if the other members of the Council would join him in that and said if not, he would not vote to waste
the money on the consultant.
Councilwoman Stevens commented that she would not be on the Council after this term but thought that the
report would be back in 34 working days, which meant she would still be here. Councilman Kavanagh
responded that the reason he said that was because he had a feeling that the ultimate vote on money and funds in
Lieprogress would come from the next Council and he didn't want them to stop it because they didn't like it. He
said he would like to hear everyone's input and apologized for excluding members who would be leaving after
this term in office.
Councilman Archambault noted that although he agreed with some of Councilman Kavanagh's comments, there
were also a quite a few things that he disagreed with. He pointed out that the 2000 demographic study that was
characterized from the Census Bureau showed that Fountain Hills had 4,052 children between the ages of 5 to
adulthood. He said they did not all live in the Four Peaks area. He added that he attended a number of meetings
regarding this issue and the skate park that was described was not a "small" amenity. He stated that a
comparison was made to a skate park in Mesa, which he visited, and it was a major park. He said that obviously
Councilman Kavanagh had never been by the school when it was letting out to see the traffic backed up all the
way to his house, more than 600 feet away from the school. He added that the cars blocked the intersection of
Del Cambre and El Sobrante and said that when soccer practice and games were taking place, Del Cambre was
virtually a parking lot.
Councilman Archambault stated that they addressed an issue in front of the school with no parking during
school hours because of that particular problem and added that now the problem was over there and they were
running back and forth across the street. He said that he nearly hit a child two months ago because he ran out
between parked cars. He commented that if that did not make your heart stop, he didn't know what would. He
stated that what he was trying to instill in the Councils' minds was that the park's amenities were being used all
the time and if a facility in the scheme of what was being talked about, the park would be over-inundated. He
added that all of the youths did not live in that neighborhood and said that on 9-15-03, an article appeared in the
Arizona Republic that talked about the skaters in the Glendale Park. He commented that what people did not
seem to realize was that young adults used these parks. He said that the cost of an 18,000 square foot site was
approximately $540,000 based on $30 per square foot. He added that they heard the site go from $400,000
down to $150,000 with the contractors' help and noted that although they could help, they would not save the
Town that kind of money. He commented that he was also concerned that a self-appointed committee was
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changing policy that was set by the Council. He pointed out that the Council budgeted $60,000 this year to
either build a facility or to spend it on a set of plans and stressed the importance of sticking to their policies.
Councilwoman Nicola said that last year she had asked about liability insurance and Mr. McGuire contacted the
Town's Risk Pool and came back with the information that skate parks were not covered under the Town's
liability insurance policy. She added, however, that the Town could purchase annual riders to its insurance
policy, based on the number and types of structures. She asked whether the Town's coverage changed every
year and whether exclusions existed. She also asked what would happen if ultimately the Risk Pool declined to
offer any more riders.
Mr. McGuire advised that it was accurate to state that the Town's current basic policy would not cover the skate
park. He reported that the insurance increased slightly this year and stated the opinion that it was fair to assume
that it would become more expensive and said that the Risk Pool re-evaluated coverage every year and right
now they were considering eliminating land use coverage, which represented a significant issue for the Town.
He indicated that staff could obtain some cost estimates and said that if the Risk Pool decided not to provide a
rider for the skate park, they would give the Town a fair amount of notice.
Councilwoman Nicola commented that they were now looking at four different sites at a minimum and the
General Plan placed the skate park in a specific area. She noted that there was also talk about a voter-mandated
amendment to change the area and asked if that was still true. Mr. McGuire asked whether Councilwoman
Nicola wanted to know whether there had been a request or inquiry about a voter mandate to change the General
Plan. She responded that she was asking whether putting a skate park anywhere else but Four Peaks Park
required a General Plan amendment. Mr. McGuire said he didn't know that it would and added that research
should be conducted on this question. He added that he would like the opportunity to review the General Plan
and get back to her on that.
Councilman Kavanagh stated that he had been by the school during the peak traffic times recently and quite
some time ago and expressed the opinion that if the skate park were built, the peak traffic, which occurred
primarily when school let out, would probably be reduced because some children, rather than being picked up 140
and going home, would want to stay and utilize the skate park and be picked up later. He added the opinion that
the Risk Pool would not drop the skate park coverage and noted that the Pool was an association of governments
that came together for their needs. He pointed out that the skate parks were located all over the state. He
reiterated his question to the members of the Council relative to whether the members of the Council would
abide by the consultant's recommendation for a site preference if the consultant were charged with providing a
site selection.
Mayor Nichols stated that prior to receiving Council input, Councilwoman Ralphe would present her remarks.
Councilwoman Ralphe said that she was having a difficult time sorting through a lot of issues and concerns and
arriving at a clear answer. She asked whether they could find a way to obtain more answers. She explained that
last night she definitely heard candidates say, "Let's try not to hire too many consultants," and said they could
very well be representative of the population. She added that she heard people speaking about impacts on
neighborhoods and what would happen with the basketball courts; how soon would they be replaced. She said
there were also liability questions and concerns and said they did not have all the answers. Councilwoman
Ralphe stated that on the other hand she heard a Committee spokesperson, Phyliss Kern, say that there were
contractors and others willing to step up to the plate and contribute labor, materials and money in an effort to
reduce a fairly expensive cost. She commented that although the figures at this point were only a "guess,"
perhaps the Town could contribute the $60,000 and the rest would come out of the community. She said that
that type of community spirit was tremendous and she did not want to say no to that but at the same time she
was not prepared to proceed with the consultant because he might not be the person who could provide all the
answers. She asked her colleagues on the Council whether they could ask staff, the Town Manager and the
Parks &Recreation Director to sort through some of the issues and conduct some research, or was it appropriate
to have some type of ad hoc citizen committee look at this issue.
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Mayor Nichols commented that many things mentioned by Councilwoman Ralphe had been going on over the
last few months with Parks & Recreation staff and the citizens' committee and they had reached the point of
frustration. He stated the opinion that going back and asking them to review this issue again would be fruitless.
Mayor Nichols responded to Councilman Kavanagh's request for input relative to whether he would support the
consultant's site recommendation. He stated that there were two types of parks, an in-ground facility and an
above ground facility. He noted that the consultant could say one thing for one type of facility and another thing
for a different type of facility. He stated that depending upon what site they were looking at and what type of
facility, he could agree to look at an above ground facility as long as it wasn't limited to those four sites. He
expressed the opinion that other sites could possibly be available and added that all potential sites should be
looked at for an above ground facility. He added that if they were looking for an in-ground facility, he had a
problem with spending more than $60,000 in Town money because it was not discussed and was not in the
budget of next year's capital plan or in five-year plan. He explained that putting that amount of money into a
facility such as this, plus on-going maintenance expenses, could amount to a significant amount of money and
he would have to discuss that in greater depth. He noted that at the current time all that was budgeted was
$60,000, which could provide an above ground facility. He also agreed that the youths needed a skate park and
said that he supported them. He spoke in favor of an above ground facility and noted that the national
skateboard competition last year was held at an above ground facility.
Councilman Kavanagh asked how the Mayor would select the site and he responded that he didn't have a
problem with having a consultant look at the sites but not the architectural or schematic plans. He added that
they could put out a Request for Proposals (RFP)and ask companies to submit sketches, designs and costs and a
fund raising committee could be in charge of that instead of spending$8,000.
Councilman Archambault concurred with the Mayor's comments and said he too had a problem with limiting
the location to just the four sites. He agreed that there were many sites out there and stated the opinion that it
should go back to Parks &Recreation with the direction to"do their job."
►° Councilman Kavanagh asked if Councilman Archambault was saying if they only hired a consultant for the
locational aspect, after it was decided whether to go above or in-ground, he would abide by the consultant's first
choice. Councilman Archambault responded that he would agree to have a consultant look at all sites,
everything available, and he would make his decision at that point. He said he would not commit to the
consultant's first choice and asked whether Councilman Kavanagh would commit to something three months
down the road. Councilman Kavanagh stated that it didn't make any sense to hire a consultant who you only
agreed with if you like what he came back with.
Councilman Kavanagh said that he would make a motion to table this consideration with the understanding that
at the next Council meeting they agendize a final decision on whether to go in-ground or above ground and a
final decision on where to put it. He added that if no one wanted to hire a consultant and just go "back around
the study cycle," they were just kidding the youths of the Town. He stressed the importance of reaching a
decision.
Councilman Kavanagh MOVED that this issue be tabled and that at the next Regular Council meeting three
discussions be agendized: (1) a module; (2) in-ground and (3) based on that decision whether or not to have a
consultant look at the sites and make a recommendation.
The motion died for lack of a second.
Councilwoman Stevens said that the Council was looking at two issues, where to locate the facility and whether
the facility would be modular or in-ground. She added that she was getting the idea that modular was temporary
and asked whether this was correct.
(iiry Mr. Mayer responded that temporary would not be the right word but modular was certainly not as long lasting
as concrete.
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Councilwoman Stevens stated that the reason she didn't second Councilman Kavanagh's motion was that she
didn't understand that part and she did not understand how that weighed in with the site. She asked whether a
larger site would be needed if the facility was above ground versus in-ground, Mr. Mayer responded that as the
ground was excavated, and an apron area developed around it, that typically required more acreage. He added, j
however, that there were combinations of modulars and bowls that could be constructed that were a combination
of those two approaches that made the site bigger than a modular but not the full size. He said it was not an
either/or, it could be a combination.
Councilwoman Stevens commented that she was interested in hiring a consultant just for site location and
suggested that he be asked to provide two options, one for above ground and one for in-ground. She said the
Council could then decide which route to pursue and said she was hesitant to move on anything without
knowing the costs involved.
Councilwoman Nicola referred to Page 2 of the proposal and read "the Town shall hire a geo-technical engineer
during Phase II to prepare an analysis of the final selected site," and said a member of the public said earlier
"don't hire a consultant who wants to build the facility, hire an engineer to look at the different areas and then
come back and make a recommendation." She added that it made no sense to her to pay someone to look at all
these sites and then pay an engineer who might state that the selected site was not appropriate. She thanked the
members of the Parks &Recreation Commission for all of their hard work as well as the committee and said she
would not support this particular proposal but did support moving forward. She stated that there was sufficient
talent in Town to look at the different areas, select the right location,put the money together and move forward.
Councilwoman Stevens asked whether Councilwoman Nicola was suggesting that staff work on the issue and
she responded that her suggestion was that the same people who had been working on it for the last 18 months
continue to do so,the Commission, staff and the committee that was dedicated to bringing the funds to the table.
Mayor Nichols stated that the motion before them was to approve a contract with Site Design Group, Inc. for
services associated with the design and location of a potential skate park, in the amount of$8,810.00. ,41)
Councilman Kavanagh WITHDREW the motion based on the fact that it appeared no one would support the
recommendation of the consultant. Councilman Archambault WITHDREW his second to the motion.
Councilwoman Nicola MOVED that staff and the members of the Planning & Zoning Commission work with
the citizens and identify, through an RFP process if necessary; that they look at the different areas under
consideration; that they hire an engineer and start at step one.
The motion DIED for lack of a second.
Councilman Kavanagh MOVED that the Parks & Recreation Commission, after their next meeting, present to
the Council their recommendations relative to the type of facility and a site for the facility. Councilman
Archambault SECONDED the motion.
Vice Mayor Melendez stated that for approximately a year and a half, the Council struggled with a sign
ordinance issue and he just learned from some business people in the Town that great progress had been made
by the citizens and business owners themselves. He said that was what he liked to see come out of this situation,
opposing sides meeting and compromising. He stressed the importance of allowing the various parties to work
together.
Councilwoman Stevens commented that the Parks & Recreation Commission just passed the issue on to the
Council and questioned the reasoning behind sending it back to them.
Councilman Kavanagh said they were basically saying, "We want to know what you think." He added that they
must have an opinion and they should express it. He stated that it was his hope that at the next meeting the
Council would step up to the plate, make a decision, and tell the Town where they stood.
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Mayor Nichols commented that he had no problem with that and he also didn't have a problem with allocating
some monies to them if they wanted to hire a consultant to look at the site only if they felt it necessary.
Councilman Kavanagh suggested that after the Commission presented their recommendations regarding type
and site, discussion regarding the hiring of a consultant should take place. He said he would also like it
agendized in such a way so that the Council could then authorize staff to move forward.
A roll call vote was taken with the following results:
Councilman Archambault Aye
Vice Mayor Melendez Nay
Councilwoman Stevens Nay
Councilman Kavanagh Aye
Councilwoman Ralphe Aye
Councilwoman Nicola Aye
Mayor Nichols Aye
The motion CARRIED by majority vote(5 to 2).
Mayor Nichols declared a brief recess at 8:28 p.m. and the meeting reconvened at 8:40 p.m.
AGENDA ITEM #8 - CONSIDERATION OF A TEMPORARY USE PERMIT TO ALLOW RETAIL
SALES AND SIMILAR OUTDOOR ACTIVITIES TO TAKE PLACE ON SPECIFIED WEEKENDS
FROM 8:00 A.M. TO 9:00 P.M. FOR A PERIOD NOT TO EXCEED 50 ONE-DAY EVENTS,
LOCATED AT 12645 AND 12625 SAGUARO BOULEVARD, AKA LOTS 1 & 2 OF THE PLAZA
FOUNTAINSIDE FINAL PLAT, CASE#TU2004-02.
Senior Planner Dana Burkhardt addressed the Council relative to this agenda item and said that the request for a
temporary use permit was for fourteen weekend events that would take place throughout the year at Plaza
Fountainside. He stated that the layout of the request was basically general and added that the Council was
provided a copy of all of the proposed events. He noted that some of the events might include outdoor retail
sales and some were social events and said that the applicant was requesting a blanket approval in keeping with
the temporary use permit. He advised that staff had not received any objections from any of the adjacent
property owners and recommended approval with stipulations.
Councilman Kavanagh pointed out that the background information stated, "The proposal provides a total of 31
day events" but said that Mr. Burkhardt just said there would be 14. Mr. Burkhardt explained that there would
be 31 days, 14 weekends out of the year. He also commented that the ordinance stated "no more than 50" so the
request is under the allowable limit.
Councilman Kavanagh asked exactly what the events would consist of and Mr. Burkhardt suggested that the
applicant respond to that question.
Councilman Archambault noted that Item #6 of the recommendations stated that the permit was non-
transferable. He asked whether that meant if one or both of the applicants dropped out, the permit would be
voided. Mr. Burkhardt responded that because two properties were involved, (co-owners with two lots
involved), if one dropped out only the remaining single lot would continue to function under that stipulation.
Mayor Nichols requested that the applicant come forward and respond to Councilman Kavanagh's request for
information relative to the events.
Tom Peterson, 15717 E. Mustang, said that the list of proposed events was developed by an Association of the
merchants at Plaza Fountainside in an effort to increase the merchants' market. He stated that they were "taking
ilikw the bull by the horns" in order to better position themselves as retailers and merchants in the Town. He noted
that they planned to host the chili cookoff on an annual basis and stated that the Association was trying to put
together other quality events for the community as well as some merchant events.
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Councilman Kavanagh stated that some people had expressed concerns regarding the amount of retail that
would take place, in terms of trading and creating a flea market type of atmosphere. He asked what would occur
in terms of the "art walk." Mr. Peterson responded that the event would consist of galleries that operated at that
location as well as other outside artists who would sell their own wares. He also stated that the "50's — 60's
dance" was designed to complement the car show that was supposed to be held at that time. He said he did not
know the status of the show at this time. He stated that it was his understanding that there would be one food
stand in operation and no retail sales would occur at that event. He said that all of the other art events would be
similar to the "art walk"previously discussed.
Mayor Nichols asked whether tents similar to the ones used at the farmer's market would be utilized and Mr.
Peterson responded that the tents would be in place for the "art walks." The Mayor also asked whether other
types of vendors (jewelry, bakery goods, etc.) would participate and Mr. Peterson said that their stipulation was
that the person must make the products. He added that a letter would be going out to all of the participants and
they will have to state and sign that they made those particular goods. He indicated their intention to maintain
the event as an artists' walk.
Mayor Nichols asked if there would be retail vendors at other events setting up tents and selling their wares.
Mr. Peterson said that at the current time they did not plan to do that.
In response to a question from Vice Mayor Melendez, Mr. Peterson advised that in some cases for the "art
walks"outside vendors would participate in terms of artisans and added that no one other than artisans would be
allowed. He emphasized that their intent was to provide quality products rather than just junk. The Vice Mayor
asked whether each of the outside vendors would have a business permit issued by the Town and Mr. Peterson
responded in the affirmative and said they would also collect sales tax, possess a vendor's permit and provide
liability insurance.
Mayor Nichols expressed concern that the events would take business away from local businesses and noted that ,411)
businesses had reported a drop in sales when the farmer's market was in operation. Mr. Peterson pointed out
that the "art walks" were the only events that they planned other than events involving their own merchants. He
said everyone at the plaza was welcome to participate and would not take place on a reoccurring basis like the
farmer's market.
The Mayor asked Mr. McGuire whether they could limit participation in events to town businesses other than
certain events such as the "art walks." Mr. McGuire stated that with temporary use permits, the Council had
fairly wide latitude regarding the conditions that were set. He added that if his concern was to avoid unduly
burdening local businesses, the Council could condition the events to those at Plaza Fountainside so it became
more of a sidewalk sale. He said that the"art walks"could be the exception.
Councilman Kavanagh MOVED that the request for a Temporary Use Permit to allow outdoor retail sales and
similar outdoor activities to take place on specified weekends from 8:00 a.m. to 9:00 p.m., for a period not to
exceed 50 one-day events, subject to stipulations including the following: (1) at all of the listed events, food for
immediate consumption be permitted to be sold; (2)that the vendors with a physical presence at that location be
allowed to participate in the outside sales; (3) that retail sales involving art ("art walks" and similar events) be
limited to sales by the artisans who created the items; (4) that retail sales at the other events, which appeared to
be purely social (50's dance, Weekend Celebration, Summer Sizzler Ice Cream Social, Octoberfest, and the
Chili Cook Off)be limited to the permitted stores located in the complex and the on-site food vendors.
Mayor Nichols SECONDED the motion.
Ms. Bender advised that two citizens wished to address the Council regarding this agenda item and the Mayor
requested that they come forward at this time.
Frank Ferrara, representing the Chamber of Commerce, stated that the Chamber supported this effort and
believed it would be a "shot in the arm" for the Fountainside Plaza and the entire community. He noted that the
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Plaza had a new owner who has hired an event coordinator and said he hoped the Council would vote
unanimously in support of the request.
440 The applicant,Tom Peterson, did not wish to re-address the Council at this time.
The motion CARRIED UNANIMOUSLY (7 to 0).
AGENDA ITEM #9 — CONSIDERATION OF THE FINAL PLAT FOR "PARCEL 1 AT EAGLES
NEST," A 21-LOT, ONE-TRACT, 51.45-ACRE SINGLE-FAMILY RESIDENTIAL SUBDIVISION.
CASE#S2002-27.
See discussion under Agenda Item#11.
AGENDA ITEM #10 — CONSIDERATION OF THE FINAL PLAT FOR "PARCEL 2 AT EAGLE'S
NEST," A 26-LOT, THREE-TRACT, 58.209-ACRE SINGLE-FAMILY RESIDENTIAL SUBDIVISION.
CASE#S2002-24.
See discussion under Agenda Item#11.
AGENDA ITEM #11 — CONSIDERATION OF THE FINAL PLAT FOR "PARCEL 11 AT EAGLES
NEST," AN 18-LOT, FIVE-TRACT, 38.25-ACRE SINGLE-FAMILY RESIDENTIAL SUBDIVISION.
CASE#52002-26.
Senior Planner Dana Burkhardt stated that he would address Agenda Items 9, 10 and 11 at the same time. He
noted that these were the last three parcels located in Eagles Nest portion of the mountain plats.
Mr. Burkhardt reported that Parcel 1 consisted of 21 lots, with a single roadway and double-headed cul-de-sac to
service all of the lots.
He added that Parcel 2 was located west of Parcel I, consisted of approximately 26 lots and two individual cul-
de-sacs to service those lots.
Mr. Burkhardt noted that Parcel 11 was located north of both parcels, consisted of 18 lots and two cul-de-sacs,
one being constructed with this development and another that will provide access to one lot which will not be
gated.
He stated that staff recommended approval subject to the proposed stipulations.
There were no citizens wishing to speak on this agenda item.
Vice Mayor Melendez MOVED and Councilwoman Stevens SECONDED a motion to approve the FINAL
PLAT for "Parcel 1 at Eagles Nest," a 21-lot, one-tract, 51.45 acre single-family residential subdivision, Case
#S2002-27. The motion CARRIED UNANIMOUSLY (7 to 0).
Councilwoman Stevens MOVED and Councilman Archambault SECONDED a motion to approve the FINAL
PLAT for"Parcel 2 at Eagles Nest,"a 26-lot, three-tract, 58.209 acre single-family residential subdivision, Case
#S2002-24. The motion CARRIED UNANIMOUSLY (7 to 0).
Councilwoman Nicola MOVED and Councilwoman Stevens SECONDED a motion to approve the FINAL
PLAT for"Parcel 11 at Eagles Nest," an 18-lot, five-tract, 38.25 acre single-family residential subdivision, Case
#2002-26. The motion CARRIED UNANIMOUSLY (7 to 0).
AGENDA ITEM #12 — CONSIDERATION OF RESOLUTION 2004-10 APPROVING A FUNDING
SOURCE FOR THE CIVIC CENTER PHASE II PROJECT.
Mr. Pickering noted that the Council needed to determine a funding plan for this project before they moved
forward and hired an architectural firm to design/build it. He added that this was the third presentation on this
issue before the Council.
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Accounting Supervisor Julie Ghetti addressed the Council (PowerPoint presentation of file in the Clerk's office)
and said that staff was pleased to present the Civic Center Phase II financing proposal and said that she, Mr.
Pickering, and Mr. Thumith had been working on the plan for several months. She stated that the Town was
currently in the fourth year of a five year unsigned lease, considered month-to-month, with no commitment from
the landlord providing security from now until the end of the term lease. She reported that it cost over$600,000
annually to occupy the three buildings (42,000 square feet); $400,000 for the lease. Effective July 1, 2004, the
rent would increase to $417,000. Ms. Ghetti explained that although the Town did not have a signed lease, they
were honoring the terms of the lease, and every fiscal year the Town paid the increase spelled out in the lease.
She added that that also included $100,000 annually for property taxes and approximately $155,000 in
landscaping and utility charges. She noted that utility charges for one building in the complex, the Town paid
$38,000 for electricity and for all of the buildings over at the new Community Center, including the Library,
Museum and Center, the Town paid $35,000 annually for electricity. She pointed out that those costs over a
fifteen-year period of time amounted to over$10 million.
Ms. Ghetti stated that the Town current has some American With Disabilities (ADA) issues with the seniors'
space and added that the Town was recently audited by the Department of Justice and it was likely some ADA
modifications will need to be made. She provided a brief comparison of costs over a fifteen-year period of time
and said that the lease, utilities and maintenance costs total $10.4 million, the cost of a new building is
approximately $4.5 million, and savings for the first fifteen years would be $5.9 million. She reported that the
Town already owns the proposed site, located just north of the Community Center, Library and Museum on the
same parcel of land. She added that Phase II had been planned since 1995 and was included in the 5-year
Capital Improvement Plan. She advised that the plan included space for a new Senior Center.
Ms. Ghetti discussed funding sources and stated that staff agreed that the recommended alternative should be the
most fiscally conservative and consistent with the Town's mission. She added that they also agreed that if
borrowing was considered, a financial analysis must be prepared showing positive trends. She read the Council
Mission, Vision, and Values statement, which stated: The Town of Fountain Hills will continue to be a fiscally
conservative government that strategically plans and prioritizes the vital service and program needs of the
community and provides the appropriate funding to meet them." She commented on the reasons behind
building now rather than later and said that the key driver was timing, particularly with an unsigned lease
expiring on June 30, 2005. She stated the opinion that the Town probably should have done this three years ago
but they were ready to proceed with it now. She reported that the 5-year projection of revenues and
expenditures indicated that there were sufficient revenues for operating expenditures and they had a surplus of
approximately $1 million annually over operating expenditures. She explained that constructing a new building
would not affect those operating expenditures. He added that the savings gained as a result of making a sacrifice
now would provide resources for future capital projects and noted that $600,000 would be freed up over the
years and those dollars could be used for funding future capital projects.
Ms. Ghetti informed the Council that a Town-owned building would guarantee long-term savings as well as
provide another asset for the Town. She commented on the monies that were being spent for major maintenance
on buildings the Town doesn't own(over$200,000 since 2000). She noted that the cost of maintenance and rent
would continue to increase every year and pointed out that the Town was currently paying for 40% more space
than needed. She emphasized that since the Town was on a month-to-month basis, it must consider the
possibility of being asked to move.
Ms. Ghetti stated that in reviewing various financing options, staff looked at whether to continue to rent, seek
grants, sell assets, do a bond issue, internal fund borrowing, and pay-as-you-go. She noted that the two most
popular options for municipalities were usually bond issues or pay-as-you-go. She advised that staff was
recommending the pay-as-you-go option, using available cash but also to continue to pursue grants and/or
contributions. She explained that this was consistent with the Town's Mission, Vision, and Values statement
and preserved a debt capacity with future improvement bonds. She again emphasized the importance of timing
and noted that the Town would not have to wait for bonds to be sold. She added that by paying cash the Town
would have larger and earlier cost savings and stated the opinion that the timing was poor for a Fountain Hills
bond issue.
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Ms. Ghetti reviewed each of the pay-as-you-go resources which included (1) savings from the current fiscal year
totaling $552,400; (2) general government and law enforcement fees, $392,700 by the end of next fiscal year;
(3) revenue enhancements (the residential rental tax and the tax on advertising) totaling $601,700 over the next
Lie two years; (4) fund balance reserves, $1,093,000; (5) general fund surplus $1,070,500; (6) proceeds from the
sale of assets (police vehicles), $21,700 and if needed (7) to borrow from itself(Mountain Bond excise tax) for
one year, $1,696,000 for a total of$5,429,000.
Ms. Ghetti reiterated that staff would continue to pursue grants and/or other funding sources; would consider
selling assets, such as the Kiwanis building and some land; and noted that staff looked at selling bonds but noted
that that would require a dedicated revenue source for bond paybacks and none was in place at the current time.
She reported that if the Town borrowed $5 million, the payment would be approximately $535,000 a year over
15 years and the cost of borrowing would be $3 million for a total cost over 15 years of approximately $8
million. She noted that Moody's Investment Services continued to monitor and evaluate the Town's financial
condition. She said that rating reviews were based on analysis of trends and it might take two years before
consideration was given to removing the outlook. She referred to a comparison of the options over a 15-year
period of time and reported that the total cost of pay-as-you-go was estimated at $5.3 million, including
expansion room and the Senior Center. She emphasized that the amounts were estimates only. Ms. Ghetti
stated that if the Town borrowed the money it would cost a total of$8.2 million and if they continued to rent, it
would cost them $10.4 million over 15 years assuming no major maintenance problems arose. She said there
was a potential savings using pay-as-you-go of$2.2 million to$5.1 million.
Ms. Ghetti summarized by stating that building a new facility would save the Town almost $30 million over a
30-year period of time ($1 million a year); the building's cost would be recovered in 7+years; the Town would
not be spending money on someone else's investment; the proposed site was owned by the Town and once
constructed would be an asset, and not having a signed lease contract exposed the Town to the risk of being
asked to move.
Ms. Ghetti informed the Council that staff recommended that they approve Resolution 2004-10, authorizing the
$1.0 million expenditure of general fund capital reserve funds and a transfer of$1.7 million (if necessary) from
the mountain bond excise tax fund to the capital project fund with repayment in FY 2006. She added that the
first $2.7 million would come from the revenue enhancements, development fees, general fund surplus and
refunds.
In response to a question from Councilwoman Nicola relative to the accuracy of projected savings over both a
15 year and 30-year period of time,Mr. Pickering clarified that staff just looked at what the existing costs would
be and said there was going to be a savings in the utilities area. He added that most of the savings that would be
realized would occur during the latter part of the years because the cost of a lease would continue to rise at a
higher rate as time went on,therefore the savings would be greater toward the end of those 30 years.
Councilman Kavanagh asked how locked in the Council would be if they approved the resolution and said that
there could be a difference of opinion on this issue between the current members of the Council and upcoming
newly elected members. Mr. Pickering responded that assuming the Council approved the next agenda item,
they would be locked into paying a little over $330,000. He added that the next Council could change the
resolution if that was their desire. Councilman Kavanagh clarified that he wanted to know what would be lost if
the resolution was adopted this evening, but the new Council decided to make a financing change in July. Mr.
Pickering said that they would lose time because construction would have begun and it would cost additional
monies to finance it. He stated that they anticipated breaking ground around July and said the plan called for it
to begin on July 2nd. He said it would be somewhat "dicey" to change the financing while they were breaking
ground.
Vice Mayor Melendez referred to the $155,000 landscaping and utility charges, and said Ms. Ghetti had
mentioned that $35,000 was for electric costs for this one building only. He asked how much utilities were
percentage wise when looking at the $155,000. Ms. Ghetti explained that the $35,000 she mentioned was just
for electricity for the one building (Building A) and the rest of it would be water, maintenance, etc. The Vice
Mayor asked whether the Sheriff's Department paid for utilities as part of their contract. Ms. Ghetti responded
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that currently the Town does not charge the County for any electricity, they were on a full cost recovery
contract, and added that if they charged them, the County would turn around and charge the Town back.
Mayor Nichols MOVED that Resolution 2004-10, approving a funding source for the Civic Center Phase II
project,be approved. Councilman Archambault SECONDED the motion.
Councilman Kavanagh stated that his concern did not involve the construction of a new town hall and said he
was convinced that one was needed as soon as possible. He added that a potentially troubled issue was how the
project would be funded and stated that he did not support 100% cash funding. He expressed the opinion that it
would be too much of a drain and not allow the Town to undertake other projects that should be done. He
advised that he would support a blend of bonds and cash and stated that he had a feeling that there might be
three new people on the Council who agreed with him come July and that was why he asked whether financing
could be smoothly changed in July to half bond, half cash. He asked if the project could proceed on schedule if
that occurred.
Mr. Pickering said it depended upon the amount and pointed out how long it took to receive bond proceeds, at
least six months from start to receipt. He said instead of half they might want to consider doing $2 million in
bonding just because of the timing and the fact that the construction would have begun. Councilman Kavanagh
said he wanted to talk about the presently un-needed 3/10ths of a percent for mountain preservation, the portion
that was not needed to fund the McDowell mountains trailhead or trails. He asked how much that would fund in
terms of a MCP bond for a town hall. Mr. Pickering responded that it was a difficult question to answer and it
depended on how comfortable the Council wanted to be with the sales tax coming in. He said they could
probably use .5 to be able to bond, a little less than the $2 million, but he would like to run the numbers before
the Council made a decision on bonding.
Councilman Kavanagh questioned whether the transition could be made in July without major economic impacts
administratively or financially. Mr. Pickering said that administratively there would be costs such as staffing.
He reiterated that the problem with bonds was the bond market saying, "the Town is halfway through the project
and now it's going to bond?" He said this was typically not done and would look very suspicious to the bond
market. He added that it might impact the cost of the bonds but that would have to be discussed with the
Town's bond counsel.
In response to a question from Councilman Kavanagh for input, Ms. Ghetti said her only concern would be that
they would get to a point in the project and have to stop because they were waiting for the funding from the
bonds. She said she would worry that the building would not be finished by the end of the lease period and the
Town would incur additional costs to continue to lease, if that option still existed. She added that if the Town
received notification that it needed to vacate the buildings by a certain date, she would not want the project to be
held up. She also stated that they didn't know whether the bonds would be marketable because of the negative
outlook and expressed the opinion that Moody's would not give the Town a very good rating if it moved in that
direction.
Mayor Nichols clarified that at this point in time the Town of Fountain Hills had reached financial stability and
its fund balance was back up to $5 million and a 5-year financial plan that showed as the Town moved forward
it would have an annual surplus of$1.5 to $2 million over the next five years. He referred to Page 11 of the
presentation and noted that at this point in time the Town had cash in hand to building the building,
approximately $3.2 million. He questioned why the Town would pay interest in the amount of $2.2 million
when it had the ability to pay cash and still not affect future programs outlined on Page 12. He said that the
internal borrowing, in the amount of$1.7 million, would be for a one-year period of time. He noted that if a
future Council did not want to borrow the money from itself, they could go out and either borrow from someone
else or bond it but then they would just have to pay interest on it. He said that the Town could take the $6
million in cash that it was going to save and pay off the$5 million road deficit problem.
Councilwoman Ralphe said she had a problem with the fact that there had not been any citizen input on this Nilf
issue and stressed the importance of providing them that opportunity. She added that if the Town borrowed
from a dedicated sales tax fund for preservation, it would erode the public's trust. She stated that the citizens
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were told that the funds would only be used for preservation purposes and the only ethical thing to do with it
was use it for more preservation of pay off the bond early. She added that to use the funds for something else
would remind her of "Enron accounting." She commented that suppose they borrowed from the fund and the
next Council found itself really strapped for money because of some unforeseen emergency, it could negatively
impact the Town's ability to pay off the bonds in 2010. She noted that if the bonds were paid off early, the
Town would save $1.5 million.
Councilwoman Ralphe commented on the fact that the Town was leasing on a month-to-month basis and stated
the opinion that all of the rushing to be done by a certain bogus date was unnecessary. She added the opinion
that their out of state landlord was very happy that the Town was leasing space in his buildings and not about to
"throw them out." She commented that she had no doubt in her mind that Town Center II was needed and said
she voted against it originally because of timing and the fact that staffing levels had been cut. She added that
she was now saying that the timing still was not great, the Town was trying to build up its reserves, and said
they needed to take more time to get citizen input and allow the new Councilmembers to take office,perhaps six
months to a year in order to reassess where they are going and how fast.
Councilman Archambault stated that two years ago, the Town was experiencing very difficult financial
problems. He said that a five-year financial study was conducted and it included construction of the new
building. He reported that if they did not proceed with the new building, the financial problem with the roads
would become worse and they would not be able to do the parks and associated improvements. He stated that
this represented a 100%cost savings revenue enhancer and added that he had been receiving public input on this
since the day he took office. He said the citizens told him all the time to be fiscally responsible and that was
exactly what the proposal before them was. He agreed with Councilwoman Ralphe that they should not touch
dedicated funding source and added that the maximum the Town was looking to borrow was $1.6 million and
said they probably wouldn't need that much.
Mr. Pickering explained that the only time the Town would need it was at the tail end of the project for about
four months maximum. Councilman Archambault expressed the opinion that the proposal fit what the Council
discussed at their retreat and fit their mission statement. He said the Council was on the edge of making a major
positive move and urged them to move forward on this.
Vice Mayor Melendez stated that he had never seen the Mayor be so passionate about an issue and he must
really want this to happen. The Mayor responded that it made sense to him and he did want it to happen. The
Vice Mayor commented that the words "financially stable" and"cash positive"were used several times and said
if that was correct, he would respectfully request that the fountain go back to running 15 minutes a day at full
capacity. The Mayor said that would be included in next year's budget.
In response to a question from the Vice Mayor regarding the fact that the Town did not have a signed lease,Mr.
McGuire explained that in November of 2001,the lease was initially approved. He added that prior to that time
the lease had been negotiated over a period of 20 months. He stated that when it came before the Council, a
motion to approve it carved out two things that needed to be done before it could be executed: insurance and
indemnity issues had to be worked out to mutual satisfaction. He said that throughout the entire negotiation
process, the insurance and indemnity issues were unacceptable to our insurance carrier and therefore
unacceptable to the Town. He stated that in November of 2001 other things also happened, the fire district issue
consumed everyone's time and the lease went on the back burner where it stayed for a very long time. He said
that the Town started to receive notices of tax liens against the property and noted that under the previous master
lease, MCO was responsible for paying those taxes and paid them. He explained that the notices kept going to
MCO despite the fact that they were no longer the lessee and once that was finally corrected, they were sent to
the Town Hall and staff determined that if a lease was signed, that tax liability would be the responsibility of the
Town. He said that because there was no lease, the Town Manager did not have the authority to issue a check to
pay the taxes. He reported that although negotiations have continued with the owner, they had been unable to
get the landlord to agree to the terms. He stated that only one unresolved issue remained, and the landlord has
been as gracious as possible, but the Town still did not have a lease.
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Vice Mayor Melendez asked what would happen if they did not approve the proposal this eveniing. Mr.
Pickering responded that if they did not start down the road on this project, the Town was going to have to either
negotiate with the landlord to possibly obtain an extended lease, hopefully signed, but said he did not have much
faith in this happening. He added that another option was to look elsewhere for space to lease but said there
were no buildings available in Fountain Hills that were 25,000 square feet in size that they could lease. He
stressed the importance of moving forward on this issue as quickly as possible.
Councilman Kavanagh commented that the preservation monies they were talking about were not 'the funds
voted on by the citizens and said that money was legally committed for preservation purposes only. He
explained that they were talking about preservation money that was currently being collected and accumulating
in a bank account that was voted on by a majority of the Council. He said they specifically voted to use the
monies for McDowell Mountain Preservation and reported that sufficient monies existed to pay for the preserve,
build the trails, and the trailhead. He stated that they were talking about extra money that was unnecessarily
being collected and put aside in a special fund that could not be spent on McDowell Mountain Preservation
because it was already totally funded. He emphasized that they were talking about redirecting much needed
money to where it was needed and said if they didn't have a need for the money, it shouldn't be collected.
Councilman Kavanagh stated that his concern centered around the Town's current economic needs and added
that the financial situation of the Town seemed to morph depending upon whether they wanted to spend money
or not spend money. He said when they did not want to spend money, they bemoaned the horrible state of their
roads and how far behind they were and when they did want to spend money things seemed to be so rosy and
somewhere between those two extremes lay the truth. He pointed out that the Town had some immediate needs
for cash and noted that they were not providing the seniors with all the square footage they wanted and
expressed the opinion that the town hall was a little tight. He added that progress on the medians and sidewalks
along Avenue of the Fountains was pathetic and the Town apparently did not have $60,000 for the skate park.
He commented that he would like to see some of the debt made long term and that was why he wanted to see a
blend. He said he would like to free up some cash so they could take care of some of these things now because
eight or nine years from now he did not believe they were going to have many financial problems. He added
that he would like to see a little bit of the cash bonded out.
Councilman Kavanagh said he wanted to hear from the candidates and he believed they were all present. He
commented that three of them were going to be up there, their colleagues. He added that if they came up and
said they did not want a new City Hall, that was one factor, that was saying do not do anything, we're not going
to do it now. He said he wanted to know if that was their position. He also stated that if they thought they
needed a City Hall, it was been pretty much said that right now they could go with this formula and if there were
four people in July who wanted to change it and do a blend,they could still do that. He said he would really like
to hear from each of the candidates during the public comment portion of the meeting on how the feel about the
Council proceeding with this now.
Mayor Nichols stated that they were not going to do that and said that was a political position and out of order.
Councilman Kavanagh expressed the opinion that it was not a political position and asked the Town Attorney
for his opinion.
Mr. McGuire advised that Councilman Kavanagh's request for input from citizens was fine but to condition a
vote of the Council upon an after an election was not in order. Councilmember Kavanagh said that he was not
and he did not understand what Mr. McGuire was saying. Mr. McGuire said that some of the candidates might
not want to speak on the issue and Councilman Kavanagh stated that he would then not be better off from a
knowledge standpoint. He added that if they did all come up and speak, he did not want to condition the
Council's vote, because if everyone of them says "don't do it yet, wait for us"then he would personally not vote
for it, but if they all come up and say "since we can change it with no real ramifications" he said he would feel
more comfortable moving forward. He stated the opinion that it would build a bridge to his new colleagues.
Mayor Nichols commented that the current Council was elected by the citizens to make decisions and they
should not be asking future Council people to help them make those decisions.
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Councilman Kavanagh stated that he didn't understand why they could not get input.
Councilwoman Ralphe responded to Councilman Kavanagh's statement that the Town doesn't really need the
.03% dedicated sales tax for mountains and stated that he was forgetting that they were paying for mountains
vitio two ways, party through property tax that the voters approved and from mountain bonds. She said they needed
the money from that .03% of the sales tax to make the bond payments and ensure that they do not default. She
also commented on anticipated repercussions if the Council doesn't act on this issue and said that Mr. Pickering
has told the Council that if the Town was evicted from the building, there was a plan in place to temporarily
house Town offices and functions. She emphasized that Town government would continue in the unlikely
instance they were evicted.
Councilman Kavanagh said that he would like an opinion as to whether candidates who are also residents of the
Town might provide input on this issue.
Mr. McGuire stated that citizens might provide input regarding this item.
Councilwoman Nicola commented that the first thing they heard this evening was how the Town Attorney and
the Town Manager, without Council's knowledge, decided to censor or erase part of a call to the public because
it was political. She said that it was an election year and two years ago when she was campaigning she heard
from her colleague that the Town was in the best financial position its ever been in and a couple of months later
she found out different. She stated that she was offended by the fact that she was being asked to promise how
she was going to vote in the future and by the fact that Councilman Kavanagh requested that candidates get up
and postulate on this agenda item so he can decide how to vote.
Councilman Kavanagh clarified that he didn't say they had to get up and vote, he said that it would be helpful to
him to know where they stood on this position. He added that he was not asking them to politically posture or
say in five minutes why we should vote for them. He commented that three of these people were going to be
their colleagues. He said he didn't have any problem with a sitting Council, which was nearing the end of its
term, voting on things that were going to occur during its term. He added that he didn't have a problem with a
sitting Council nearing the end of its term voting on things that it began a while ago and would continue into the
next term. He added that they were talking about taking the first major step in a project that would consume a
large chunk of the new Council's agenda. He said he would appreciate knowing how they felt on this matter
because he would like to take his future Council colleagues' feelings into account when voting on something
that would be very much a part of their term in office. He expressed the opinion that they were not offended by
his request and added that no one on the Council should be offended when anybody says "How would you vote
if this was the case"because that was politics, you answered questions.
Mayor Nichols said that his objection was that Councilman Kavanagh made a request that the candidates come
up and talk and it came out almost like an order,that you wanted them to come up and give you their position on
this subject. He said if they wanted to talk they were free to do so, get a card, fill it out, and hand it in, but the
way it came out of your mouth it came out very strong that you wanted them to come up and give their positions
so that it would help you make your decision. He added that that was why he called a point of order.
Councilman Kavanagh requested that his following remarks be verbatim:
"I don't think I said `I want you to come up here.' I think I said it would be helpful to hear how you people feel
on the issue. Obviously I have no power to force you to come up here, but many of you expressed positions on
this at the candidates'forum and I think as a matter of respect, you should give them the opportunity to have
some input in this decision."
Councilman Archambault said that a comment was made about the Avenue of the Fountains and asked whether
$900,000 had been set aside for that project. Mr. Pickering responded that the money was set aside and
expressed the opinion that the comment had to do with the amount that was budgeted for this year. He
explained that staff didn't know without having a plan what the cost would be. He said the Council should
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anticipate a much larger request in the next upcoming budget and emphasized that this was a totally separate
fund.
Councilman Archambault commented that the impression kept being made that they were using all of their
money and they were not. He stated that they were going to be developing the Avenue of the Fountains and it
would be great if they could do it at the same time they built the new building. He stressed that monies were
available and they were being fiscally responsible by approving this cost saving revenue enhancer.
Councilwoman Stevens expressed the opinion that for these types of projects the Town should bond but said
unfortunately the Town's bond rating was not the greatest right now. She added that when you bond, you have
to have a revenue source to pay for the bonds. She stated that she spoke with Mr. Pickering about this and she
believed there were three possible revenue sources. She stated that she too listened to the candidates last night
and heard their views, including views on bonding. She said that one option for bonding would be additional
sales tax.
Mr. Pickering agreed and said whenever you go to the bond market, you had to tell them where you would be
getting your money; otherwise people would not invest in the Town. He explained that the Town's trends were
not so good so the bond rating company would ask us to identify the dedicated revenue source that could pay for
the bonds. He advised that an increase in the sales tax would be one of the sources but added that the excess
amount in the mountain fund was another source and the third was a property tax. He added that a property tax
would have to be voted upon by the citizens and that would be at the May 2005 election. He said that they
might generate a little revenue from the downtown but that money would be used for the right-of-way fairly
soon. He stated that he could not think of anything else and the increase in the sales tax was the easiest option.
Mayor Nichols remarked that the Town's sales tax was the third highest in the State.
Councilwoman Nicola said that Ms. Ghetti advised that bonding would require annual payment of$535,000 so
when the bonding companies asked what we were going to use for a revenue source, we tell them we are going
to use the money we were going to spend on a lease and property tax for the buildings that we've got here, and
money in the bank and ongoing revenues over 15 years. She added that she did not understand the logic.
Mr. Pickering responded that the bond market would not believe them; they'll simply say, "You don't have
anything dedicated, and you're just saying we'll pay you." He emphasized that they would have to carve out a
dedicated funding source and added that the 5-year plan was contingent upon constructing the building because
of the $600,000 savings. He said that if they did it a different way it would have a negative effect on being able
to do the other projects.
Councilman Kavanagh noted that no one has said, "Don't build" and said that what Mr. Pickering stated was
what he thought he had communicated, that they take .05 of the .3 and dedicate it to the bonds. Mr. Pickering
agreed that that was an option.
Vice Mayor Melendez said that Mr. Pickering was in touch with Moody's on an ongoing basis and asked
whether he had the opportunity to get their thoughts on the proposal. Mr. Pickering responded that they
indicated the more fiscally conservative the Town could prove it was, that they could pay as they went, the
better their outlook would be. He added that if they went to the bond market Moody's would give them a bad
rating because they were on the list. He noted that the first thing Moody's would do was look at the trends, the
debt outstanding to the legal limit and the bonded debt per capita. He said they would have to buy more
insurance to make the Town a better risk.
Councilwoman Ralphe stated that the plan could be called conservative but could also be called unethical
because it called for borrowing from dedicated tax sources that might or might not be paid back. She reiterated
that the Town promised the citizens that the money would only be used for preservation and to do otherwise
would be immoral and unethical. She added that if they took .05 and used it as a dedicated source for bonding
revenue, they were not borrowing anymore; they were stealing. She stated that there were other things wrong
with the numbers and advised that the Council received some information that by fiscal year 2008-09 the Town
was going to be approximately $5 million short of funding its roads. She questioned how they would then
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borrow from dedicated sales tax and pay it back by 05-06. She stated the opinion that it did not add up and they
were looking at a long-term deficit of$5 million.
Councilman Kavanagh asked if they took the .05 from unneeded McDowell Mountain sales tax monies and
specifically dedicated it for an MPC whether it would be okay and Mr. Pickering responded that that was one of
the Council's choices, dedicating a revenue source to pay bonds. He added that that amount would not get the
full amount; it probably would generate about $1.7 million. He stated that any time you did bonds, any bond
rating firm would be happier with a dedicated revenue source but Moody's still would not be happy that the
Town was bonding.
In response to a question from the Mayor, Ms. Bender advised that four speakers had requested an opportunity
to address the Council. The Mayor asked them to come forward when their names are called.
Nancy Land, 15833 E. Bursage, said she was not against a new City Hall and added that one was definitely
needed. She stated that it was hard to fathom that the Town was so financially strong after "biting the bullet"
just a couple of years ago. She commended staff on their efforts to turn things around but said rapid financial
turnarounds make her nervous. She advised that she had not seen a lot of requests for public input in the five
years she had lived in Town on City Hall or finances. She added that she would like to know more about
dedicated funds and would like the Council to delay the issue for another four months.
Linda Femiano, 16331 E. Inca Avenue, said she had the same opinion expressed by Councilman Kavanagh this
evening, i.e. relative to a blend and going to the bond market as well as doing some cash financing. She added
that after reviewing some of the numbers displayed by Ms. Ghetti, she learned that they were essentially saying
that .05 was the collateral for the bonds and why if they could pay it back in one year would they spend the
money to go to the market. She agreed that a new Town Hall was needed and noted that Town staffing was
lacking and expressed concern that they might have cut ourselves too short with regard to personnel.
John McNeill, 14508 N. Creosote, commented that although the Council had just had over an hour's discussion
on this major issue, not one public hearing was held, and said that he thought that was the wrong way to go
about it. He stated that the Town was already a "tenant at will" and when the non-lease expired, they would be
in the same boat. He expressed the opinion that the best way to improve the Town's trends was to improve its
fund balance, not to spend it down, and emphasized the importance of maintaining a good credit rating. He
commented that other options existed regarding a new building such as a "built to lease" with an option to buy.
He said that he provided the Council with copies of research he performed this weekend on municipal bond rates
and projections assuming an A rating. He added that instead of spending down its reserves, the Town could
issue a 20-year bond and spend$408,000 a year to repay it.
Ed Kehe, 16620 N. Agate Knoll, said he did not feel the sense of urgency that was being discussed this evening
and stressed the importance of getting public input on this important issue. He stated the opinion that the Town
needed to increase the impact fees and requested that the Council continue this agenda item until further public
input was received, at least four to six months or longer and do it the right way.
Councilwoman Ralphe MOVED to indefinitely table this issue to allow additional citizen input to be heard at a
public hearing. Councilwoman Nicola SECONDED the motion.
Councilman Archambault declared a point of order and questioned whether a motion was already on the floor.
The Mayor responded that he was correct but a motion to table takes preference over the other motion.
Mr. McGuire advised that it was appropriate for the Council to discuss whether they wanted to table the issue.
Councilman Kavanagh said he would not support the motion because he still believed that the blended funding
was a better option. He added that he would not vote to table the item because they could not stop the process,a
Town Hall must be built.
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Vice Mayor Melendez asked whether it was appropriate for him to request a 30-day timetable and said he
believed the public really needed to provide input. He said he supported the resolution but the citizens made
good points regarding the importance of public input and he would like to table it for another 30 days.
Mr. McGuire advised that a motion to table an item was not amendable and said they would have to defeat the
motion on the table and supplement if with another that contained a time limit.
Councilwoman Ralphe asked if she could amend her motion and Mr. McGuire responded that she could.
Councilwoman Ralphe MOVED to amend her motion to table this agenda item for 30 days rather than
indefinitely to allow citizen input to occur at a public hearing. Vice Mayor Melendez SECONDED the motion.
Councilwoman Stevens asked what tabling the issue for 30 days would do to the timetable and Mr. Pickering
advised that contracts were out there that might not be good for that period of time. He said he would have to
look into that and added that the 30-day delay moved the construction up 30 days and resulted in additional
costs to the project.
Mr. McGuire commented that it was important to note in response to speakers' concerns that the fact that no
lease was in place did not change the Town's tenancy whether it was today, tomorrow or July 2005. He noted
that the landlord had indicated his intention to honor the terms of that lease but was also compelled as a
businessman to market the building. He added that he was committed to keeping it available until 2005 but was
also committed to filling up his space in July 2005 when the Town vacated the building.
Councilman Kavanagh asked whether he was correct in assuming that staff interpreted the spirit of the motion
that within the next thirty days, prior to the issue being discussed, information would be released to the public
regarding the various options that had been discussed, that a public hearing would be held and that the Town
would contact Moody's to find out what they thought about a .05 dedicated revenue source.
Mr. Pickering responded that he hadn't interpreted it that way until Councilman Kavanagh mentioned it and said
he was puzzled by the input on financing, and added that financing was a business decision. He stated that
decisions were based on what the bond companies and the financial market said.
Councilman Kavanagh clarified that he meant the costs, the monthly payments, of the different options,
comparatives and all of the facts. Mr. Pickering said he had not heard that from a majority of the Council and
questioned whether that was the avenue they wanted to pursue. He said that when it got into the bonding area, it
would certainly put a red flag up as far as Moody's was concerned so there were some risks involved.
The Mayor agreed that it did not make any sense to table the issue unless something would be done within the
30 days such as hold public meetings and provide information. He also agreed with Mr. Pickering that the bond
company might not give the Town many options and cautioned against giving the citizens false hope that they
could have an impact on the decision.
Councilman Archambault commented that the Council gives direction to staff to do something but then falls
apart at the end. He said he spent two days interviewing design teams, the public had opportunities to present
their input and now it was time to decide how to fiscally fund this.
The Vice Mayor stated the Council had a history of making quick decisions on a rush basis and expressed the
importance of exposing the public to this issue and soliciting their input.
Mayor Nichols advised that the motion on the floor was to table the issue for 30 days.
A roll call vote was taken with the following results:
Councilwoman Nicola Aye
Councilman Archambault Nay
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Councilman Kavanagh Aye
Councilwoman Stevens Nay
Mayor Nichols Nay
Vice Mayor Melendez Aye
Councilwoman Ralphe Aye
The motion CARRIED by majority vote (4 to 3).
AGENDA ITEM#13—CONSIDERATING OF APPROVING THE CONTRACT FOR THE SELECTED
DESIGNBUILD TEAM, HOLDER SMITH GROUP, FOR THE CIVIC CENTER PHASE II
PROJECT.
Mayor Nichols asked Mr. McGuire whether it made sense to proceed with Agenda Items 13 and 14 until the
above issue came back in 30 days. Mr. McGuire responded that Items 13 and 14 would commit the Council to
two contracts to move forward with the design phase of this agreement. He pointed out that the construction
portion of the contract was the guaranteed maximum price that would be negotiated after design had begun and
agreed to somewhere around July. He added that this committed the Town to the fees associated with the design
portion of the contract. He noted that the contract was written so that at the end of design, if they could not
come to an agreement on a guaranteed maximum price, everyone could "cut bait"and go their separate ways.
Councilwoman Nicola advised that the Council was provided blank contracts and did not obtain completed
contracts until 4:00 p.m. yesterday afternoon. She said that she did not receive her copies until just prior to this
meeting and she didn't feel comfortable discussing the contracts until she had an opportunity to read them.
Mr. McGuire explained that the difference between the contract the Council received on Friday of last week and
the one today literally was the signatures and amounts. He added that there were less than five changes.
Councilman Kavanagh said that some citizens might take it the wrong way to move forward with design while
tabling the funding issue pending receipt of public input.
Councilwoman Stevens commented that this was a commitment that they were interested in actually building
the building and either they decided they were willing to make that commitment tonight, however they decided
to finance it, or they were not willing to make that commitment. She said that to table it just added to the
postponement of getting this going and the timeframe was already very tight.
The Mayor concurred with her remarks.
Councilwoman Nicola stated that it was a quarter to eleven and she thought they'd agreed not to hold public
meetings after 10 p.m. any more. She questioned why they would want to move forward on something given
the late hour.
Councilwoman Stevens commented that it was getting late and they were all tired but pointed out that three
people spoke under the last agenda item and more people talked about the skate park. She pointed out that the
room wasn't packed and people were not anxious to provide input. She stated the opinion that it was time to
make a decision.
Councilman Kavanagh asked what the pros and cons were. Mr. Pickering said the cons would be the added
delay and said they were already on an extremely tight schedule to design it and have it ready to go by July 1S`
He added that there was also the risk of increased contract costs without knowing how the project would be
funded.
Mr. McGuire explained that buildable construction documents would be available at the end of design so the
4.9 risk was that the Town would have a design paid for and no funding to build the building.
Councilman Kavanagh asked what they would lose if they changed their mind within the next 30 days and Mr.
Pickering responded they would lose 30 days of work.
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Mr. McGuire stated that if the contract was approved and executed this evening and 30 days from now the
Council decided not to fund it at all, they were still committed to designing the building and would have plans.
vieCouncilwoman Ralphe asked how much the contract was and Mr. Pickering stated $333,000.
Mr. Pickering commented on the bidding process and advised that six proposals were received. He said that a
selection committee conducted the interviews and narrowed the list down to one, the Holder Smith Group. He
reported that their construction manager was extremely strong. They are one of the largest firms in the country,
and they believed a good balance existed between the architect and the construction team. He added that they
also liked the process the architect planned to use to solicit citizen input. He said there were two portions of the
contract; one was for the contract in the amount of approximately $80,000 and Smith's Group's architectural
services for approximately$253,000,only 5.6% of the$4.5 million billing, for a grand total of$333,000.
Councilwoman Stevens referred to a cancellation clause on Page 39 and Mr. McGuire explained that it was a
statutory required conflict of interest provision. He added that Section 12.3 states that if in 90 days the Town
"decided to pull the plug completely," it could terminate for convenience and pay all of the costs that had been
incurred up to a certain point.
Mayor Nichols commented that no one had said they shouldn't build and he supported moving ahead.
Councilman Archambault MOVED to approve the contract and Councilwoman Stevens SECONDED the
motion.
A roll call vote was taken with the following results:
Councilwoman Stevens Aye
Councilwoman Nicola Nay
Vice Mayor Melendez Aye
Councilwoman Ralphe Nay
Mayor Nichols Aye
Councilman Kavanagh Nay
Councilman Archambault Aye
The motion CARRIED by majority vote(4 to 3).
AGENDA ITEM #14 — CONSIDERATION OF APPROVING THE REVISED CONTRACT WITH
KITCHELL CEM FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CIVIC CENTER
PHASE II PROJECT.
Mr. Pickering said that this was the Town's representative and the person who negotiated with the architect on
the Town's behalf, guided the Town through the process and was their expert when dealing with the contractor
and the architect. He stated that the company had performed an outstanding job in getting the Town to this point
and said that the current contract expired and staff recommended approval.
Ms. Bender advised that one citizen wishes to speak.
Phil Gaziano, 14946 Sierra Madre, said that he was not aware of the fact that the Town was going to have a
problem with the funding regarding the Town Center; otherwise he would have spoken on Agenda Item #12.
He stressed the importance of proceeding with the center and encouraged everyone involved to get together as
soon as possible, figure out how to fund it, and do it. He also stressed the importance of public input and
commended the Mayor on his financial competency and planning. He noted that the Town was losing$200,000
a year in renting vs. owning. He asked that the Council approve the contract as presented.
Councilman Archambault MOVED and Councilwoman Stevens SECONDED a motion to approve the revised 41110
contract with Kitchell CEM for construction management services for the Civic Center Phase II project.
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A roll call vote was taken with the following results:
Councilman Archambault Aye
Vice Mayor Melendez Aye
Councilwoman Stevens Aye
Councilman Kavanagh Nay
Councilwoman Ralphe Nay
Councilwoman Nicola Aye
Mayor Nichols Aye
The motion CARRIED by majority vote (5 to 2).
AGENDA ITEM #15 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY
PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS
FOR FUTURE MEETINGS.
Vice Mayor Melendez said earlier in the meeting he commented on the progress that had been made by the Sign
Committee and forgot to mention that the Committee's success is due largely to the hard work of
Councilwoman Nicola.
Councilman Archambault also thanked staff for their hard work over the last eight months and said they were
very appreciated.
AGENDA ITEM #16 — 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:
Mr. Pickering said that a public hearing would be held and figures would be put together and distributed as soon
400, as possible.
Councilman Kavanagh also asked staff to touch base with Moody's and find out their opinions on the options
discussed this evening.
AGENDA ITEM#17—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER
None requested.
AGENDA ITEM#18—ADJOURNMENT
Vice Mayor Melendez MOVED that the Council adjourn and Councilwoman Ralphe SECONDED the motion,
which CARRIED UNANIMOUSLY. The meeting adjourned at 11:00 p.m.
L
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TOWN OF FOUNTAIN HILLS
By440
Wally Nic Is, May
ATTEST AND
PEPARED BY:
Bevelyn J. Bender,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 19th day of February, 2004. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 4th day of March, 2004.
Bevelyn J. Bender,Town Clerk
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