HomeMy WebLinkAbout2000.0905.TCRM.Minutes TOWN OF FOUNTAIN HILLS
Sikrev MINUTES OF THE COUNCIL RETREAT OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 5,2000
A Council Retreat of the Fountain Hills Town Council was convened and called to order by Mayor Morgan
at 4:00 p.m., on Tuesday, September 5, 2000, at the Southwest Inn at Eagle Mountain, located at 9800 East
Summer Hill Boulevard,Fountain Hills,Arizona.
Present at the retreat were the following members of the Fountain Hills Town Council: Mayor Sharon
Morgan, Vice Mayor Sharon Hutcheson and Councilmembers Leesa Fraverd, John Wyman, John McNeill,
John Kavanagh and Susan Ralphe. Also present were Town Manager Paul Nordin and Department Heads
including Community Development Director Jeff Valder, Town Marshal Steve Gendler, interim Town
Engineer Tom Ward, Deputy Director of Recreation Bryan Hughes, and Director of Administration/Town
Clerk Cassie Hansen.
AGENDA ITEM #1 - PROCEDURE/PROTOCOL OVERVIEW AND RETREAT FRAMEWORK
BY MAYOR MORGAN
Following the roll call, Mayor Morgan provided a general procedural overview for the meeting, suggesting
(iw. that discussion be limited to approximately twenty minutes on each item in at attempt to accommodate the
length of the agenda. She asked that all members be cognizant of the length of their comments so that all
would have the opportunity to speak.
AGENDA ITEM#2—DOWNTOWN PLANNING
Architect Rob Dietz provided a brief overview on the conceptual courtyard and linear mall that had been
designed by the Community Plaza Courtyard Committee. Beginning in October 1997, a series of seven
meetings were held with staff, the developer, the architect and the Sanitary District regarding the
development of the remaining 27 acres in the south portion of Plat 208. Due to significant effluent issues
at that time, the meetings were temporarily suspended. In November 1999, the Mayor organized an
updated group called the Community Plaza Courtyard Committee that met a total of eleven times, going
through a visioning process for the courtyard and linear mall. The Committee consisted of
representatives from the various groups with specific interest in the site including the Community Center
Advisory Commission, the Library/Museum Advisory Commission, the Arts Council, the Chamber of
Commerce, the Historical Society, the Library Association, MCO Properties and their landscape
architect, town staff, the Town architect and his landscape architect. The linear mall would be formed
from the open space resulting from the Stewart Vista and Verde River right-of-way abandonments. The
1,470 foot long by 120 foot wide mall would provide connectivity between the community facilities and
Fountain Park. Mr. Dietz reported that the design of the courtyard was 95 percent complete.
Vice Mayor Hutcheson commented that this was a work in progress and that there were a number of
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variables to be taken into consideration. Councilwoman Ralphe suggested hiring an ad hoc expert in
economic development for the downtown area to determine what should come first, second, third, etc.
Mayor Morgan supported having someone to work with the property owners to make the downtown a
destination and not just clusters of condos, office space and meeting rooms. She said there needed to be
something to buy. Councilwoman Ralphe spoke in favor of the Downtown America program offered by
the National League of Cities and Towns. Mayor Morgan suggested getting the name of the company
used in Glendale to pull all the businesses together. Vice Mayor Hutcheson favored looking into the
League program and looking for a consultant to work with the property owner and the Town to create a
sense of place. Councilman Kavanagh expressed the desire to avoid the checkerboard development that
had taken place in the northern half of Plat 208. He did not want to see further delays and favored a plan
to phase development in some sort of sequential manner. Councilman Wyman stated that any consultants
should be responsive to Jeff to insure compliance with the zoning regulations.
AGENDA ITEM#3—TOWN HALL FACILITY
Mr. Nordin stated that the disposition of Town Hall planning was key to the downtown development. He
spoke of the need to determine the critical mass that would create a successful downtown area adding that a
municipal building in the downtown area would help to create such a mass. The current Town Hall location
could be used for much needed municipal parking. The manager expressed concern that the current Town
Hall site could become a blighted area if the municipal offices moved out.
Mayor Morgan stated that she didn't want to throw good money after bad and that even if the buildings
were refurbished, they would still be old buildings. She said the town would need municipal parking in the
near future and it would solve the problem currently experienced with the privately owned parking lots in
Plat 208. Councilwoman Fraverd said that it was time to get going. The Council should look at all options
and decide what to do. She suggested figuring out the funding options, having staff prepare the figures and
scheduling a work-study session on the issue. Mayor Morgan suggested looking into a leasing option
because it was becoming less popular to own. Vice Mayor Hutcheson supported looking into all options
including the lease option. She cautioned against underestimating the condition of the current buildings.
Councilman Wyman commented that as the major lessee, the Town was simply applying bandages to
existing problems and asked if Dr. Lukenda would have to bring the buildings up to code if the Town
moved out. Mr. Farrell stated that if violations did not cause safety issues, they would not have to be
repaired. He said it would be the owner's decision whether or not to make improvements. Mr. Nordin said
that as the lease culminates,the Town could pursue the option to buy.
Councilman Kavanagh commented on the many variables involved. He questioned how bad the parking
problem was and where the best location would be. He suggested that it might be best to buy the existing
buildings, renovate them and use the Town's downtown property for parking. Mayor Morgan gave
examples of upcoming costs for the current buildings such as the $25,000 per building cost to replace the
cooling towers. She cited the Fire Marshal's concern for lack of sprinklers. Mr. Nordin expressed his
concern for the future parking problem. Councilwoman Ralphe asked if figures were available on the retail
space needed for build out and Mr. Nordin replied that staff had not yet done that study. Vice Mayor
Hutcheson said the Jeff Valder had looked at how much was available and how much was needed. She
added that the problem with that was location,that the space may not be where it's needed.
Mr. Nordin cited the need for a consolidated, coordinated effort with interdisciplinary skills to bring all of
the issues and players together. Mr. Valder said that the development fee study would provide some of this
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background information.
L
AGENDA ITEM#4—STATE TRUST LAND
Mr. Nordin said they were working with the tribe to work out a partnership for future acquisition, financing
and a management plan as required by the State Land Department. Mayor Morgan added that President
Pattea was in favor of this partnership and had suggested a joint meeting of the councils when a draft plan
had been prepared. Mr. Nordin said their interest in preservation was very similar to the Town's.
Councilman Wyman stated that the five-year clock had started ticking in April 1997 so that it was important
to keep the process going. Vice Mayor Hutcheson referred to the 50 percent matching funds from the state.
Mr. Nordin said they would develop the joint management plan with the tribe and make application for the
50 percent funding. The goal was to make July 1, 2001 the deadline for the application. Councilman
Kavanagh asked what would happen if the Town and tribe did not acquire the land. Mr. Farrell said it could
be purchased by a private party but that there was no water or sewer available to the property. He added
that if a private owner purchased the property, the Town would always have the recourse of eminent
domain. Councilman Kavanagh suggested another plan to explore concurrent with the plan to purchase
involving the pursuit of preservation for educational purposes through a Scottsdale Community College
partnership. Vice Mayor Hutcheson stated that lack of utilities was not a deterrent to development citing
Goldfield Ranch as an example. She said that the Town was already in a three way partnership and the
other two groups may not be in favor of adding SCC. Councilman McNeill supported proceeding in the
current manner. He stated that time was a critical issue just like the downtown and mountain preservation.
He also expressed interest in pursuing the fencing of the area. Councilwoman Ralphe agreed with
Councilman McNeill, stating that those were three projects that were "now or never". She requested that
this item be placed on an upcoming agenda for an update. Mayor Morgan suggested sometime in the next
two to three meetings. In response to an inquiry as to where the fence would go, Mr. Nordin replied that it
would be along the westerly edge of the road to Rio Verde, about 1.3 miles. Mr. Farrell added that it would
be meant as a temporary deterrent until the management plan was in place. He also reiterated that this issue
had been actively pursued but that not much progress had been made due to issues beyond the Town's
control.
AGENDA ITEM#5—LAW ENFORCEMENT
Mr. Nordin stated that staff was looking for Council direction and/or questions regarding this issue. Mayor
Morgan began by questioning if it was now possible to have a local police department or when it would be
feasible to do so. Mr. Nordin said the Town had the capability to make the transition to local law
enforcement within two years, possibly less. He recommended additional discussion on the pros and cons
of both systems. Mr. Nordin referred to the political atmosphere, stating that it was very favorable at
present due to the support the Town currently enjoyed under Sheriff Arpaio's control. He said that when
Mr. Agnos was sheriff, the Town had to supplement the service provided by the sheriff's office. He then
gave a historical background on how the political aura had affected the law enforcement in Fountain Hills.
Vice Mayor Hutcheson said that this issue has been talked about for many years and that there continued to
be a lot of interest in the topic. She said she would like to see a citizen task force, along with an
independent outside facilitator, study the issue. The Vice Mayor said the Town was enjoying the best of
both worlds and that she didn't see any particular time frame because the study would take awhile. Mayor
Morgan stated that she had been approached by citizens who wanted to serve on a task force and that there
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were hidden costs that would need to be examined. ,4)
Councilman Wyman agreed with the Vice Mayor's task force suggestion but said that the time to do
something was now. He cited costs other than financial to consider such as the fact that although the
sheriffs office may have plans to allocate officers to Fountain Hills, they do have many other staffing
obligations. He felt the transition to a local department would be a wash financially and that it would be a
good idea to let the citizen council examine the facts. Mayor Morgan expressed the desire to see what
parameters would need to be set in forming a commission. Councilman Kavanagh said that public input
was always favored but that he didn't want the issue lost in endless study. He expressed the need for open-
minded people, not advocates of one system or the other. He suggested conducting a thirty day study,
having presentations to the Council on the findings,then voting on the issue. Mayor Morgan agreed that she
didn't want to see the issue left open ended. Vice Mayor Hutcheson cited the need for the outside facilitator
to deal with any bias. She said that a local police department has its drawbacks and suggested looking at
national trends and exploring why certain decisions were being made.
Mayor Morgan agreed that the facilitator should be unbiased with no attachment to either side of the issue.
Mr. Farrell said that there were national firms available to provide such services. Mr. Nordin said he
wanted to avoid pitting one side against another. He said the two entities were working better together than
ever before and that he didn't want to hinder that relationship. Councilman Wyman questioned the purpose
of a commission if they couldn't discuss the issues. Councilman McNeill supported the study commission
and suggested that a decision be made no later than next summer. He did not feel that 90 to 120 days was
sufficient time. Mayor Morgan said that she would meet with Paul and Bill regarding the logistics.
THE COUNCIL RECESSED FOR A DINNER BREAK FROM 5:30 P.M.TO 6:15 P.M.
AGENDA ITEM#6—FUTURE COMMUNITY FACILITIES
Councilman Wyman referred to the information submitted by John O'Flynn regarding the significant
increase of activity at the Senior Center. He said that although Mr. O'Flynn covered only senior activities,
there were other groups that required consideration including the Boys & Girls Club, the YMCA and the
Theater. He referred to the statistics that people over 55 years of age make up 30 percent of the population.
He said that services would have to be restricted at the Kiwanis Building because of the increased usage.
He questioned the future use of the new community center and said that the school was going to have to
limit outside usage of their facilities because of their own needs. He stressed the need to avoid redundancy.
Mayor Morgan expressed concern regarding the term"multigenerational" because different age groups did
not want to necessarily commingle. Councilman Kavanagh said that he sat on the Community Center
Advisory Commission while the facility was being planned and supported the building of a gymnasium next
to the facility. He said he thought that there was a space reserved on the site plan for that purpose. He
echoed the Mayor's reservation regarding a multigenerational facility saying that the 8 to 12 year olds get
pushed out of the way with the older kids taking preference. He would like to see a place for the kids to go
by the summer of 2002 and said that the Parks and Recreation Commission was the best place to look for a
recommendation. Mayor Morgan said that Jim Stratton of the Boys and Girls Club told her that the current
donor for a youth center would not provide the funds if other groups besides the Town and the school were
involved and questioned the role of the YMCA.
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Vice Mayor Hutcheson said she believed that the new community center should supply the need for many of
Lir the multigenerational users. She questioned the need for more gymnasiums since the schools had three.
The Vice Mayor said that the new community center would be a large facility and that some of these
decisions should be postponed until it was determined how much the new facility would be used. She
expressed concern regarding the location of a new facility. Councilwoman Fraverd said she would like to
know what the Parks and Recreation Commission thought about a new facility and that the Town should
maximize the use of the new building. Mayor Morgan cited the desire expressed at all the Youth Town
Halls that she had attended and that was for a place to go. She said that students were willing to work to get
such a place. Councilwoman Ralphe referred to her son's high school, saying that the school would open its
largest room for a place to meet and hold dances. She also suggested using vacant store fronts. Councilman
Wyman quoted Carl Bomarito's statement that a four-plex was coming to the downtown area and that would
provide a place for the youth to hang out. Vice Mayor Hutcheson asked about the future use of the old
community center. She also cautioned against the effectiveness of a movie theater. Mayor Morgan
suggested the possibility of using the existing Town Hall facilities for future youth and senior facilities. Mr.
Nordin said the Town would reaffirm its continued use of IGA's and joint programming to meet the needs
of the community. In response to a question regarding the Midnight Madness program, Bryan Hughes
stated that interest had been lost due to no change or updating in programming. Mr. Nordin said the tools
were in place for joint use and that they could be updated to keep current. Councilman Kavanagh cited lack
of consistency in what the Town could offer. He said that successful programming for 8 to 16 year olds
integrated passive and active activities within close proximity, such as a gym adjacent to activity rooms. He
said the community has those but that they are scattered and spread out. He felt that such a facility should
be placed on Town property.
Councilman Wyman said he would like to include the discussion of the senior center at the joint meeting
with Parks and Recreation. Councilman McNeill reiterated the need to maximize the use of the new
community center. Mayor Morgan said the key issues at the community center would be staffing for
thwe programming and scheduling to maximize the usage. The new manager should be a trained professional.
Councilman Wyman stated that the Theater needed more space and they could put the old community center
to good use. He reiterated that the Kiwanis Building was getting too small for all its users.
Councilwoman Fraverd said there were a number of options and a number of groups wanting space. A
decision needed to be made regarding the use of the current buildings before planning for new buildings.
Mayor Morgan echoed the need to decide the use of the current buildings. Councilman Wyman asked if it
would be appropriate for him to encourage the seniors to continue using the existing facility as well as the
new community center. Councilwoman Ralphe said she thought it was premature to hold out carrots to any
groups prior to studying the issue. Councilman Wyman suggested looking at the old community center as
an alternative location. Vice Mayor Hutcheson asked if the Town had seriously pursued using the existing
gyms. Bryan Hughes said that the Town has excellent IGA's with the school but that many times during the
year, such as during basketball season, three gyms is not enough. He cited the conflict of scheduling with
school programs and mentioned the need for a place to permanently store game tables. Mayor Morgan
suggested running ads in the paper once again to see how many groups would be interested in the old
community center. She said there would be a need to expand and study if no new buildings were going to
be constructed and that it was essential to use what the Town already had.
AGENDA ITEM#7—WEBSITE/MEDIA GUIDELINES
Mr.Farrell referred to Councilman Kavanagh's website and the subsequent guidelines he had come up with.
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He said that he did not want to control the Council's activities in their private lives but that they needed to
be careful to avoid the appearance that their websites were official websites of the Town. He referred to the
inclusion of minutes on the websites and said it was important that the public know that they were not
official copies. He cautioned against making official public statements or endorsements. He said there was
the risk of accidental violations of the public meeting law and that electronic devices could not be used to
circumvent the open meeting law. He said the possibility of expanding the Town website to provide space
for Council members had been mentioned but that he would have to be the editor. Mr. Farrell said there
was no case law regarding council websites.
Councilman Kavanagh said he was opposed to using the Town website for his website because his carried
his political message and government funds should not be used for individual political messages. He said
there were first amendment issues involved regarding what citizens could say on their own time.
Councilman Kavanagh said that after talking to the town manager, he had made some changes. He said he
should be able to communicate his political views to his constituents. Mr. Farrell said that the legislature
would have to deal with the issue of public statements during the campaign process and that he was simply
putting the Council on notice regarding the law. Councilman Kavanagh commented on the stand he had
taken and expressed on his website. He said he hoped that just because he may disagree with others on the
Council,that is does not mean that anyone is bad. He added that it was nothing personal.
Mayor Morgan said she was bothered by Councilman Kavanagh's use of the term unethical in his reference
to earlier Council actions. Councilwoman Fraverd said she too had received feedback along those lines and
that such comments seemed to be on the verge of something Council members could take legal action on.
She questioned the direction of his website and the benefit for the town. She said that expressing opinions
was one thing but making accusations was another. Councilman McNeill said he was bothered by the
descriptive use of unethical also, first in a council meeting and then on the website and that it was
disturbing. He felt there was a need for a team approach. Councilwoman Ralphe cautioned against the use
of certain language as well. She was not comfortable with Councilman Kavanagh questioning the financial
health of the town since in truth, it was secure and stable. She cautioned against instilling false fears in the
public.
Councilman Wyman said that the website content was not that much different than some of the reports in
the Times, citing Pen Mower's letters following his defeat. Mr. Farrell said it was a thin line because one
goes through an editor the other is on a personal website. A webmaster is author and publisher at the same
time. Vice Mayor Hutcheson said that she wanted stronger clarification that the website carried his own
views. She said this was a departure from the protection provided under Town policies and involved
personal liability. The Vice Mayor cautioned Councilman Kavanagh against using anything from executive
session.
AGENDA ITEM#8—RE-ESTABLISHMENT OF A COMMUNITY ADVISORY BOARD
Councilwoman Fraverd expressed the desire of re-establishing a joint community advisory board. Mr.
Nordin explained that such a board was formed in the past at the request of former Councilwoman
Wiggishoff. He said that changes in personnel had caused the demise of that particular board. Mayor
Morgan asked if the group had been successful. Mr. Nordin said that some successful programs originated
from the board including the joint purchase of fuel. He said that Ms. Wiggishoff had been somewhat
disappointed with the participation of the school board. The board had provided a forum for excellent
discussion but did pose some concern regarding the authority issue. Mr. Farrell said that all of the
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participating bodies were subject to the open meeting law and the board should be designed with one
elected official from each of the governing boards. Mr. Nordin suggested two from each, one administrative
and one elected. Councilman Kavanagh suggested allowing the council member position to rotate. Mayor
Morgan said all of the bodies were currently communicating on an administrative level and supported
continuation of the status quo. Mr. Nordin cited examples of how he currently communicates with senior
management of the other governing bodies such as monthly meeting with school superintendent Maria
Menconi. Councilman Wyman questioned the benefit of formalizing the communication if the present
method was working. Councilwoman Fraverd expressed her desire to have elected officials involved
through regularly scheduled meetings. Mr. Farrell cited MAG as a good model. Mayor Morgan suggested
checking out the joint power possibility.
AGENDA ITEM#9—DISTRIBUTION OF COUNCIL INFORMATION/PACKETS
Councilwoman Fraverd said that she felt that some of the information the Council receives was not
information that she needed and would like to consider cutting back on some of the reports that are
distributed. She referred to some of the items she felt would be expendable such as the sheriff's report, the
Cox Communication report and the monthly budget report. Councilman Wyman said that citizens expect
the Council to know a lot of information. He felt the TIP was a good tool but could be limited to once a
month. He said he liked the monthly finance report because budgeting was one of the Council's most
important functions. He felt hearing from the judge on a quarterly basis was fine. Councilman Wyman said
the marshal's report was helpful in answering questions he received from the public although it could be
distributed less frequently. Mayor Morgan asked if the marshal could do a summary of his monthly report.
Marshal Gendler responded by saying that he had to do his monthly reports for the federal grants he
received. Councilwoman Fraverd said she was more interested in trends and the big picture. She said she
did not need to see the monthly spending reports. Vice Mayor Hutcheson asked if all departments could do
summaries of the various meeting minutes rather than distributing the pages of detailed accounts that were
currently created. Councilman McNeill supported summarizing the minutes but said he liked the current
marshal's reports. Councilman Kavanagh commented that Council preferences seemed varied and that one
man's gold was another man's garbage. Mr. Farrell said that the staff preparing the minutes were
responding to the demands and expectations of the various boards,commissions and previous councils. The
Council may feel that they are barraged with information but it was a result of staffs desire to make sure
that the elected officials received information that may affect them as soon as possible. Mayor Morgan
concurred that it was the staffs job to provide the information and that it was the individual Council
members choice whether or not to read that information. She said to cut the Cox report but to maintain the
status quo for other information and reports.
AGENDA ITEM #10 — FUTURE GOALS AND PRIORITIES — SHORT AND LONG TERM
PLANNING
Mr. Nordin commented that many of the items listed in this item had already been covered. Councilman
Kavanagh said he was looking for a prioritization of the list of wants. He suggested assigning levels of
priority such as one,two and three, assigning price tags and income projections. Mayor Morgan said it was
difficult to project income projections if it was unknown what stores would be coming into the town.
Councilman Kavanagh said that general projections could be made. Mr. Nordin said that staff could cover
priorities such as roads and the systematic repair and maintenance of all roads. Staff could plan and project
these priorities in each year's budget. Councilman Kavanagh asked where the state land would fit in and
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suggested a ten year projection. Mr. Nordin stated that he would prefer that the Council not get into ten
year projections and that their prioritization of the five major priorities worked well. He could lay out an ,,
annual five year program based on those five priorities. The manager used the example of a $7 million CIP
for Parks and Recreation, stating that he could take that amount and work it into his five year projections.
He did say, if it was the Council's desire, that he could do a ten year plan and address projects such as the
performing arts center.
Mayor Morgan said she felt that five year projections were sufficient because of all the unknowns that exist
beyond that point. Councilwoman Ralphe said that if the Council formulates a list and publicizes it, the
public would hold the Council to it and this particular Council could only control the priorities for two years
at a time. Councilwoman Fraverd suggested planning for five things including Town Hall facilities, state
land,Parks and Recreation CIP,the police department and the performing arts center. She said there needed
to be a time table to plan for these things. Councilman Kavanagh said that projections serve a purpose of
planting ideas in the minds of future councils.
Regarding current and future budgets, Mr. Farrell acknowledged the uncertainty regarding the costs
associated with the mountain litigation and apologized for the avoidable nature of the situation.
The Council expressed the desire to have an update on the retreat agenda items by the first meeting in
November.
The Council adjourned the retreat at approximately 8:40 a.m.
TOWN OF F UNTAIN HILLS
By: 4—
Sharon Morgan,M yor
ATTEST: / J
Cassie B. ansen,Director of Administration/Town Clerk
PREPARED BY: 11-AA-4--/
Cassie B.Hansen,Director of Administration/Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Council Retreat
held by the Town Council of Fountain Hills on the 5th day of September, 2000. I further certify that the
meeting was duly called and that a quorum was present.
DATED this 19th day of October,2000. (�
Cassie B. Hansen,Director of Administration/Town Clerk
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