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HomeMy WebLinkAbout2000.1005.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL October 5,2000 The executive session was cancelled. AGENDA ITEM#1 - PURSUANT TO A.R.S. §38-431.03.A.4.,VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION REGARDING THE TOWN VERSUS MCO PROPERTIES. AGENDA ITEM#2- RETURN TO REGULAR SESSION Mayor Morgan called the regular session to order at 6:30 p.m Following the pledge to the flag and a moment of silence, the roll call was taken. ROLL CALL -Present for roll call 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,Town Attorney Bill Farrell,Director of Administration/Town Clerk Cassie Hansen, Interim Town Engineer Tom Ward, and Director of Community Development Jeff Valder. Mayor Morgan announced that a proclamation had been signed the prior Monday declaring October as "McDowell Mountain Month". She called on Roy Kinsey, Chairman of the McDowell Mountain Preservation Commission, who then presented the Mayor with their official T-shirt commemorating the event. AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF SEPTEMBER 19,2000. AGENDA ITEM#2- CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY ORHAN KRAYA FOR EURO PIZZA CAFÉ TO BE LOCATED AT 12645 NORTH SAGUARO BOULEVARD,SUITE 10. THE APPLICATION IS FOR A SERIES 12 RESTAURANT LICENSE. AGENDA ITEM#3- CONSIDERATION OF RESOLUTION 2000-48, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHERLY PROPERTY LINE OF PLAT 505-A, BLOCK 1, LOT 34, (15506 EAST TEPEE DRIVE) AS RECORDED IN BOOK 158 PAGE 40 RECORDS OF MARICOPA COUNTY,ARIZONA (DOUGLAS AND KAREN DOWNEY).EA 00-27 AGENDA ITEM#4- CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE BJB CASA PROPERTIES CONDOMINIUMS,A .31 ACRE,2-UNIT PROPOSED CONDOMINIUM PROJECT, LOCATED AT 16542 E.LOST ARROW DRIVE,CASE NUMBER S2000-035. Vice Mayor Sharon Hutcheson MOVED to approve the Consent Agenda as read. Councilwoman Ralphe SECONDED the motion. A roll call vote was taken with the following results. Councilman Kavanagh- aye Councilwoman Ralphe— aye Councilman Wyman aye Councilman McNeill - aye Councilwoman Hutcheson - aye Mayor Morgan- aye Councilwoman Fraverd - aye �► The motion CARRIED unanimously with a roll call vote. AGENDA ITEM#5- PRESENTATION BY RYAN RHODES OF BLACK AND VEACH ENGINEERING ON THE LAKE LINER PROJECT AND CONSIDERATION OF A CHANGE ORDER IN THE AMOUNT OF$34,559.99 FOR ADDITIONAL MATERIALS. Ryan Rhodes stated the project was approximately 80%complete and on track for a November 1 critical completion • date. He reviewed and explained why a change order was needed as material quantities changed. He stated that Black and Veach recommended approval of the change order. Councilwoman Fraverd asked if there could still be future change orders. Mr. Rhodes said there was always the possibility for more change orders although he did think that this was the brunt of those changes. Councilman Wyman asked what the contract price called for. Mr. Ward replied that there were numbers on the contract stipulating the square footage of the liner. He explained that because it was not known as to what the exact liner amount would be with the water in there, and then when the as-builts were done, it was found that the quantities had to be increased. It also increased the amount paid to the contractors. Mr. Ward stated that staff did not anticipate any more change orders since the project was at 80%completion. Councilwoman Fraverd MOVED to approve the change order in the amount of $34,559.99 and Councilman McNeill SECONDED the motion, which CARRIED on a vote of 6 - 1. Councilman Wyman cast the nay vote. AGENDA ITEM#6- DISCUSSION OF THE ADVISORY COMMITTEE TO BE FORMED FOR THE PURPOSE OF STUDYING THE PROS AND CONS OF DUAL VERSUS SINGLE AGENCY LAW ENFORCEMENT WITH POSSIBLE DIRECTION TO STAFF. Mayor Morgan said that at the recent Council retreat it was decided that the Town Attorney, the Town Manager, and she would get together and go over materials so it wasn't repetitive. She stated that this commission/committee had been studied in the past and that did not need to be repeated. She acknowledged that the three had not had the opportunity to meet yet due to other events. Mayor Morgan MOVED to continue this item until the November 16th Town Council meeting and Councilwoman Fraverd SECONDED the motion. Mayor Morgan directed the Councilmembers that discussion must refer to the date only. Councilman Kavanagh expressed concern that this had been dragging on for a long time. He asked if this agenda item could be moved up to the next meeting in order to move it along. He questioned if there was a lot work required and couldn't it be done more expeditiously. Mayor Morgan explained that date would be their first opportunity for the three of them to get together. Councilman Kavanagh said he would also like to have input into the formation of the committee. The motion CARRIED on a vote of 5 -2. Councilmen Wyman and Kavanagh cast the nay votes. AGENDA ITEM#7- DISCUSSION OF THE CITIZEN SURVEY CONCERNING PARKS AND RECREATION PRIORITIES WITH POSSIBLE DIRECTION TO STAFF. Mayor Morgan said that the master developer might have saved the Town money at this time. She referred to the survey recently mailed by the developer, which spoke to among other things such as preservation, Parks and Recreation, and Parks. She wanted to see this item tabled until the survey results were returned to MCO and then see if the Town might be able to share the results. Councilman Kavanagh said he had placed this on the agenda because at the joint meeting between the Council and the Parks and Recreation Commission he had sensed the Council wanted to conduct a professional survey. He said his research resulted in his locating the name of the individual from ASU who conducts surveys for ASU and the Morrison Institute, Dr. Bruce Merrill. He had been informed that a random telephone survey could be done with about 500 residents based upon questions that the Council/Town placed together. He was told that the cost would be approximately $7,500 and could be completed in about two weeks. He had wanted to bring this up for Council discussion with direction to staff to contact the Parks and Recreation Department so that they could start constructing a sample survey with input from the Council. He had wanted to begin the process he believed the Council was interested in. He was surprised that the Council now Town Council Regular and Executive Session 10/05/00 Page 2 of 9 wanted to rely on a survey completed by MCO. Mayor Morgan responded that she was being fiscally prudent to see if some of the information couldn't be gathered without having to conduct a survey. Councilman Kavanagh MOVED that the Town contract with ASU Professor Merrill to conduct a survey for the fee of$7,500. The motion died due to the lack of a second. Mayor Morgan MOVED to table this item until it was determined if the Town could share in any of the results from the master developer's survey and Councilwoman Ralphe SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#8 - DISCUSSION OF ESTABLISHING A POLICY ON PUBLIC RELATIONS AND ADVERTISING EXPENDITURES FOR MOUNTAIN PRESERVATION ISSUES WITH POSSIBLE DIRECTION TO STAFF. Mr. Nordin said he had hired a public relations firm, Bliss Marketing, to help him and Council in the public communication efforts. He had felt it had been necessary as it was relative to the various issues regarding the mountains. He said he had placed two ads in the local paper. He confirmed the amount of the contract was slightly less than$20,000. Vice Mayor Hutcheson MOVED to table this item and Councilman McNeill SECONDED the motion, which CARRIED on a vote of 6- 1. Councilman Kavanagh cast the nay vote. Mayor Morgan reminded the groups that they were allowed 15 minutes for their presentations. AGENDA ITEM#9- PRESENTATION BY THE LOGICAL LAND USE COMMITTEE ON ISSUES RELATING TO THE SHEA RETAIL CENTER DEVELOPMENT. Mr. Bill McGivern explained there would be more than one presenter. They felt the project was technically deficient and professionally unacceptable. They were requesting the specifics of the project to be defined as part of 41609 their cause and asked that the contingencies be solidified. Mr. Bob Tripp, Jody Knapp, and a woman (who did not give her name) reviewed what they felt would be the economic impact to the Town. He pointed out that significant traffic problems had not been addressed. They asked that reasonable restrictions be placed on the developer and that the developer minimize the construction disturbance. They wanted the hillside ordinance to be enforced. They asked that the effluent problems be addressed. He said they wanted an improved design in order to make it a better shopping center. They wanted to point out the "big box"risk to the Town and hoped that all would learn from their mistakes. Mayor Morgan said public input would be allowed after all three presentations had been made. AGENDA ITEM#10- PRESENTATION BY A GROUP OF LASER DRIVE INDUSTRIAL PARK USERS CONCERNING THEIR PROPOSED OPTION FOR DEALING WITH LASER DRIVE AND THE PROPOSED SHEA RETAIL CENTER. Mr. Tom Berkjson spoke for the Industrial Park Users. He said he had been involved in the Business Park since 1983. He said his objective was to provide the businesses' input on the abandonment of Laser,present a simple low cost recommendation, explain their rationale, and request the Council's feedback and support. They felt that if Laser Drive were curved to the south slightly (between 10,000 and 20,000 sq. ft.) it would allow for the disbursement of more traffic from Shea, improve access to the Business Park, and would be easy to do at a relatively low cost. They felt this would be a win/win solution for all. AGENDA ITEM#11 - PRESENTATION BY REPRESENTATIVES OF THE BARCLAY GROUP ON THE SHEA RETAIL CENTER DEVELOPMENT, INCLUDING AN UPDATE ON THE SUBDIVISION, CUT AND FILL WAIVER, RIGHT-OF-WAY ABANDONMENT APPLICATIONS AND THE ECONOMIC DEVELOPMENT AGREEMENT. Town Council Regular and Executive Session 10/0 /00 Page 3 of 9 Ralph Pew said he was representing the Barclay Group. He said the election results verified the desire of the community to proceed with the Target project. He pointed out that the developer knew that they had to do a good job and the community had to be proud of the shopping center. He was amazed that there were people in the community who constantly assume that the developer was in the business to deceive, defraud, and do a bad job. He pointed out that they were in the business to build nice shopping centers, a product that would be good for the community, and good for them. He noted that the last thing that they wanted was an ugly shopping center, one that was empty, or one that was unsuccessful. Mr. Pew said they were currently working on the site plan. He said they were looking carefully at Shea access points from a traffic analysis standpoint. They were aware that the Council and the community were interested in the aesthetics of the project. He announced that in two weeks they intended to bring elevations and drawings along with their architect who could speak to those issues. They would show the Council the design criteria and requirements that they intend to develop. He asked for the Council's recommendation and support for the subdivision map. He acknowledged that they had to prove up on the cut and fill waiver and the hillside preservation issue. He pointed out that they were currently in the middle of making those calculations. He said they would also be presenting the Laser Drive abandonment request in two weeks. He clarified that the economic development agreement was not a check written to the developer. He explained the agreement provided for the sharing of tax revenues generated only from this site. He noted that they had agreed to delete the interest provision in that document. He said that they would have the agreement to the Council before their next meeting for Council's review. He said they could provide certain projected budget costs and bank references but they were not interested in divulging proprietary balance sheets and those types of sheets. He agreed to provide those documents that they could. He reminded the Council that traffic studies had been provided twice to the Town Council and staff. He asked the Council for their comments this evening on what they thought about having a grocery store on that site and asked that they express it for the record. They would take those minutes to the grocery store and try to get them here. Karen Huske, Greenbriar Lane She did not want Laser abandoned and expressed concern at the additional traffic that would be created. Gordon Riehl,Firerock resident He asked to make a presentation at the next Council meeting, as they did not agree with the Laser group's proposal. Jody Knapp,Monterey Dr. She stated that the way that the Target project had been presented all along, in a piece meal fashion, might have contributed to the distrust felt by some residents. Yetta Siedon, 16428 Powderhorn Dr. She asked that the Council work through the issues facing this project and move the project forward. Mark Sanbar,El Sombrante He asked if the impact fees would have an impact on this center. He questioned if the developer had a signed contract for a Target store. Director Valder responded that staff expected the regulations of the impact fees would have an effective date of 3/2001. He explained that if a permit for the Target site was applied for after the effective date then the fees would have to be paid. Ralph Pew confirmed that they had a detailed letter of intent from Target in hand to occupy this site, but did not have a signed final agreement because Target would not do that until the property was fully entitled and building permits were in hand. Bill McGivern He summarized that the Barclay Group had not given an update and questions remained unanswered. He asked who would pay for the relocation for the utilities. What were the distinctions of off site and on site expenses? He questioned why it took so long for the public to find out about this project when the Council knew about it over four years ago. George Post, 17041 S. Rand He asked that the Council not give away Technology Drive. He said it was worth$2 million dollars. Now Town Council Regular and Executive Session 10/05/00 Page 4 of 9 Jill Pape She said Fountain Hills was growing and asked that everyone involved make this the best shopping center possible. Skiiv Vince Marcello, Sunburst He asked that the Council make this project happen the best possible way. He asked the Council to reconsider not signing a development agreement. If the developer wants to come into the Town,they should pay the expense. Councilwoman Fraverd applauded the first two groups for their presentations. She asked that since the Barclay Group would be providing a substantial amount of information for the Council to go through before the next meeting that they provide the information in a timely manner to allow the Council enough time to go through it. Councilwoman Ralphe requested feasibility and financial information from the Barclay Group. She noted this was her third request. She explained this was necessary because the Barclay Group was coming to the taxpayers asking for almost $1M, she did not believe this project was as proprietary as the company would lead her to believe. She said that because the money from the company and the citizens would be combined, it then fell on the shoulders of the Council to make sure that Barclay could complete the project. She had been pleased to hear that Barclay wanted to make a good shopping center. She still wanted some solid financial data from Barclay. She added that the Town administration had asked for that data as well. Vice Mayor Hutcheson said she wanted to go on the record in favor of a grocery store at the Target site. She noted there had been a lot of movement on both sides and continues to see that. She said she was encouraged about some of the changes that she felt were in the works and looked forward to the final presentation from the Barclay Group. She said in her opinion they were trying to be very responsible at this point and were trying to comply with a lot of the concerns. She was encouraged with the movement seen. Councilman Kavanagh said there was a strong mandate for the Target project. He said he wanted to avoid unnecessary obstacles and iron out any differences quickly. Mayor Morgan agreed with previous comments made. She noted that she had heard that a specialty grocery store and a supermarket grocery store were possibilities. She said she wanted to see a supermarket grocery store on site. Councilman Wyman expressed he would also like to see a grocery store of some kind on that site. He said that the project must now be done right, which was the hard part. Councilman McNeill stated for the record that he had no objections to a supermarket grocer or a specialty grocer on that site. He agreed with Councilwoman Fraverd that there was a real need for the information from Barclay given to the Council as early as possible so that they had plenty of time to review it. He recognized there was a strong vote in favor of having this development. He felt that affirmative vote did not mean that the Council should abdicate their duties to look at all issues including the$1M of taxpayer money. He said that before he would vote in favor of spending that kind of money he wanted to be shown good reasons why that was a good investment for Fountain Hills. Mayor Morgan summed it up that it was the Council's responsibility to do what the majority wanted and to take the information given and tools available to them to construct the best shopping center possible. She noted that the Council would not be able to please everyone. AGENDA ITEM#12- CONSIDERATION OF THE FINAL REPLAT FOR PLAT 203, BLOCK 9, LOT 9, LOCATED AT THE SOUTHWEST CORNER OF INCA AND MANITOU DRIVES TO SUBDIVIDE THE LOT INTO TWO LOTS, CASE NUMBER S2000-024. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 21 COUNCIL MEETING. Director Valder said that this item had been continued from two weeks ago at staffs request so that they could work with the applicant to make some minor changes to the hillside protection easement areas. He stated that those changes had been made and were reflected on the site plan in the staff report. He projected this same site plan for the public's viewing. He said the only issue remaining had to do with an amendment to the subdivision ordinance Town Council Regular and Executive Session 10/05/00 Page 5 of 9 that was made in March of this year. He reminded the Council that staff had worked on taking care of some concerns regarding the number and types of lot splits that were occurring in town. Director Valder said the Council took action to adopt an amendment to the subdivision code. He explained the amendment required that when an existing platted lot in a single family zoning district was split, the proposed lot that was created needed to be consistent with the lot size and width of the other lots in the surrounding area. When staff applied those standards to this lot split, this proposed lot split could not meet the regulations. In the interim, staff was made aware they should have taken a second step in that process, which was to amend the zoning code in a comparable manner as was done when the subdivision code was changed. He said that was where the legal phase of this project came into play. Director Valder said staff was recommending denial on this lot split but tempered that recommendation with understanding that there were some legal considerations and he hadn't put those into that recommendation. Mr. Farrell explained he had given the Council a written memorandum on this issue and reviewed that this issue had been discussed in executive session at the previous meeting. He said he would prefer not to necessarily dissect the other side's case or over emphasis the Town's defenses. He asked the Council to consider if this lot split met or exceeded all of the requirements of the Town's zoning ordinances. He said it was his office's recommendation, now that the engineering issue had been met, that the lot split met the zoning ordinance. He indicated that in reaching that decision he could not, nor did not, take into consideration issues such as restrictive covenants. He reminded the Council that the issue had been discussed in executive session from a legal standpoint. He had privately and publicly informed the Council that one method of preventing lots splits was an involuntary rezoning of the property in question anywhere in Town. Mr. Farrell noted that some of the public speakers a week ago made a detailed presentation that indicated that the threat of litigation was from another property distant from the Inca property. To his knowledge that was incorrect. He reported that he had not received a notice of claim from anyone regarding any other property in the community. He said he has held extensive discussions with the attorneys who represent the property owner and other pleasant conversations with other attorneys representing other property owners in the area. He explained what he felt comfortable with as far as the Town's legal posture. He noted from a legal standpoint there wasn't a legal impediment to the Council in granting this request. Lir Councilman Wyman asked Director Valder to show where the existing residence was located on the site plan displayed. Director Valder complied stating that the house was located on the upper northeast corner of the lot. Councilman Wyman MOVED to approve the lot split and Councilman Kavanagh SECONDED the motion. Fred Fiano, 16331 Inca He had a problem with this property owner and his stone hedge, which had been placed on the town's right-of-way. He asked that it be moved. Mary Vast, 16410 Inca She was against the lot split and asked the Council to uphold the subdivision Ordinance#00-08. Bob Vast, 16410 Inca He was against the lot split. He asked the Council to stay within the provisions of the zoning code. George Post, 17041 He noted the lots in the area were wide and wanted to see the large lots remain. Councilman Kavanagh said it was important that the citizens understand this was not an abandonment of the recent restrictions placed on lot splits. The problem with this lot split was that the Council did not change both the zoning and the subdivision ordinance and therefore stood on extremely shaky legal ground. Essentially, what the Town Attorney was telling the Council was this was not defendable. He said if the Council were to deny this lot split, it would not stop this lot split. The property owners would create a lawsuit and in the end they would get the lot split. The Town would be paying the legal fees of the Town's staff and then pay the legal fees of the property owners because the Town caused this unnecessary litigation. He explained that a vote to deny the lot split would simply Town Council Regular and Executive Session 10/05/00 Page 6 of 9 delay the inevitable. When others heard that the subdivision ordinance didn't work, it might encourage others to apply for lot splits. He supported the integrity and the intention of the policy change, but in this case it fell through the cracks. Councilman Wyman said these provisions were put into place to have standardization and continuity in the community. He said he wanted to think that the Council existed to work out the possible exceptions. He said one of the reasons that he had asked Director Valder to indicate where the current house was on the site map was to point out that the existing house had been placed in the extreme northeast portion of the property. He said that lot was large enough for another home. Councilwoman Ralphe said she would be voting yes for the reason, which had not yet been brought up, the reason of fairness. She said that this application had been moving through the town offices during the same period of time that staff was amending its lot-split provision. She acknowledged that was a difficult situation. She said that did not mean that she did not firmly believe in enforcing all of the Town's ordinances. She simply believed in being fair. She did not think any type of precedent was being set but thought this was a one of a kind situation. She pointed out that the lot split provisions were now on board dealing with neighborhood consistency. Vice Mayor Hutcheson said she also believed in enforcing the Town's ordinances. Her problem was that it came a little bit too late. She was not a believer in looking for lawsuits that can't be won. She did not think it could be won and neither did the Town Attorney. She felt the best thing that she could do was to approve the lot split. Councilman McNeill noted that the subdivision ordinance had been changed and what really needed to be done was to change the zoning ordinance to make this a fully defensible action. For that reason he was going to vote for the lot split. He hoped it was the last one of this nature that the Council would see. He noted that there was always the possibility of the exception to rule. The motion CARRIED unanimously. AGENDA ITEM#13 - CALL TO THE PUBLIC. Mary Vast, 16410 Inca She addressed Councilman Wyman's statement that the house was in the northeast corner and called for a beautiful home there on the vacant land. She felt that area was too steep. She thought that the home had been placed in the northeast corner because it was the only place a home could be built on that property. She noted there were two two-acre lots across from that property, which were the only two-acre lots in the immediate neighborhood and both had difficult terrain. Linda Fiona, lives next door to the lot She asked the Council if they would now amend the zoning ordinance for consistency with the subdivision ordinance. George Post, 17014 E. Rand He noted that there still wasn't any handicapped parking at Golden Eagle Park. Councilman Kavanagh commented on the Mayor's use of procedural rules to disallow him from bringing forth his agenda items and not allowing him to comment on them. He felt it was unfortunate since the best government decisions came from a free and open exchange of information and ideas. He questioned the reason why the Mayor and possibly other Councilmembers did this. He suspected that the Mayor got the idea at the retreat when Councilwoman Fraverd made a comment that if he didn't stop being critical of other issues and comments that things that he wanted would not be supported. He felt that now projects he thought important would be squelched no matter their merit simply because he refused to stay mute or mention potential problems that he saw on other issues. He said it was the duty of every Councilmember to bring up any problem that they saw with anything that they do in order that they be addressed and corrected. He said had he been given the opportunity to discuss his agenda items and to speak he would have brought up the issue of speeding up the police study. He would have discussed and given information on the Parks and Recreation survey, which both the Parks and Recreation Town Council Regular and Executive Session 10/05/00 Page 7 of 9 Commission and some of the Council at the joint meeting thought was a good idea. He said he was going to raise his concerns about the present advertising campaign for the McDowell preservation. He stated he was not going to 1/410, try to stop the campaign but wanted to put limits on it in terms of how much money was spent and restriction of the content. He noted that $3,800 had been spent on the last two ads. He wanted the ads to contain information which addressed misinformation from others that had been put out to the public. He did not feel the current ads were doing that. At a time when residents were getting tax increases he did not think it was appropriate to spend that much money on unnecessary advertising. He said those thoughts would not be heard because the Mayor had decided to muzzle him. He commented that the information would not die and the public could get the information as he would be communicating with the newspaper and it would also be found on his website (fountainhillsinfo.com). He felt the Mayor had stepped on his first amendment and constitutional rights with this tactic. He said it was the right of every citizen in Town to hear what he had to say. He acknowledged that not everyone would agree with his views of preservation and the Mayor's actions were preventing that. He invited any other Councilmember not involved with these tactics to publicly disassociate themselves from the Mayor's actions. Councilman Wyman said he was sorry to see this type of thing occur. He thought that each of the agendized items were proper items. He noted that perhaps those items should not have been agendized because as he remembered the Mayor could put anything on the agenda. That suggested to him that if the Mayor chose to put an item on the agenda that request would be honored, discussed, postponed, or tabled for some proper reason that might be within the context of discussing the item itself. On the other hand, he understood that if the Mayor did not want to have an item on the agenda, which as Chief Executive it was her prerogative, as long as there were two other supportive Councilmembers that three Councilmembers could have an item placed on the agenda for discussion. He said that it had never happened while he had been serving on Council that the Mayor had denied him or the others the right to appeal to that procedure. He did not know how these three items got on the agenda unless it was an accommodation. If these items were put on the agenda with intent to somehow withdraw them and embarrass Councilman Kavanagh, which he did not know was the case,then he would be disappointed. Councilwoman Fraverd responded to Councilman Kavanagh's comment on the retreat. She admitted she had made a comment at that time about the Councilman Kavanagh's website. She said she had received comments from residents regarding the negative comments on his website and about how the content was somewhat slanderous. She did not think that led to a spirit of cooperation. She hoped that the Council would work well together and to do that the Council must look at the issues and not the personalities. She did not think that had always been the case. She said the tabled agenda items were items of interest and would come back before the Council and she did not think they were meant to die. She felt they would be addressed in a timely manner and that was why she supported it. Councilman McNeill said he did want to disassociate himself with the type of comments made by Councilman Kavanagh. He did not think some of the comments made were appropriate dialogue. He referred to the use of legal terms on the website. Vice Mayor Hutcheson pointed out that the three agenda items were addressed. and It was not meant that they would indefinitely never be discussed. She said the Mayor reported on two of them and had comments from the Town Manager as well. She found the comment that they would never be discussed ridiculous because many times in the past the Council tabled items to wait for further information to be gathered. She saw this as an extension of that. She said there was some misinformation on the website regarding a development on the Target issue stating that it had been codified. She pointed out that was not true. She asked that this be publicly corrected and apologized for. Councilman Kavanagh asked Director Valder to comment on that. Mr. Farrell reminded the Council that they could respond to criticism but could not discuss items. AGENDA ITEM#14- ADJOURNMENT. Vice Mayor Hutcheson MOVED to adjourn the meeting and Councilwoman Ralphe SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 8:31 p.m. Town Council Regular and Executive Session 10/05/00 Page 8 of 9 TOWN OF FOUNTAIN HILLS By- b i OILY Sharon Morgan,Mayor ATTEST: / Cassie B. Hansen, Director of Administration/Town Clerk PREPARED BY: Bev Bender,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Session Meeting held by the Town Council of Fountain Hills on the 5TH day of October 2000. I further certify that the meeting was duly called and that a quorum was present. DATED this 19th day of October 2000. L Cassie B. Hansen, Director of Administration/Town Clerk L Town Council Regular and Executive Session 10/05/00 Page 9 of 9