HomeMy WebLinkAbout2004.0701.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
JULY 1,2004
Mayor Nichols called the meeting to order at 6:02 p.m.
AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38-
431.03.A.3 FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY
OR ATTORNEYS OF THE PUBLIC BODY (SPECIFICALLY, LJUBOMIR ATANASOFF VS. THE
TOWN OF FOUNTAIN HILLS).
Councilman Archambault MOVED to convene the Executive Session and Councilman McMahan SECONDED
the motion, which CARRIED UNANIMOUSLY by those present. Mayor Nichols recessed the Executive
Session at 6:12 p.m.
AGENDA ITEM#2—RETURN TO REGULAR SESSION
Mayor Nichols reconvened the Regular Session at 6:30 p.m.
ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Vice
Mayor Archambault, Mayor Nichols, Councilman Schlum, Councilman Kavanagh, Councilman Kehe,
Councilwoman Nicola, and Councilman McMahan. Town Attorney Andrew McGuire, Town Manager Tim
Pickering, Town Clerk Bev Bender, Accounting Supervisor Julie Ghetti and Planning and Zoning Administrator
Molly Bosley were also present.
MAYOR'S REPORT
(kw Mayor Nichols read a proclamation recognizing the efforts of volunteers involved with the Community
Emergency Response Team. He noted that the Federal Emergency Management Agency (FEMA) of the
Department of Homeland Security created the Citizens Corps Councils to include the Community Emergency
Response Teams. He added that FEMA had been promoting the nationwide use of Community Emergency
Response Teams since 1994 and said that the teams were groups of volunteer citizens throughout the United
States. He noted that the teams were trained to standards set by FEMA to better prepare themselves in the event of
a community wide emergency and announced that the Town of Fountain Hills recognized the efforts of these
citizens to better prepare themselves for emergency situations. Mayor Nichols stated that it was his honor to
recognize the efforts of volunteer members of Community Response Teams and urged all citizens to become
better prepared in the event of a community wide emergency.
CALL TO THE PUBLIC
There were no citizens wishing to address the Council at this time.
Mayor Nichols pulled Agenda Items #9 (Consideration of the Special Event Request submitted by Thunderbird
Artists for the Fountain Hills Fine Art and Wine Affaire) and #10 (Consideration of the Special Event Liquor
License Application submitted by the Fountain Hills Downtown Business Community for the Fountain Hills Fine
Art and Wine Tasting Affaire) from the Consent Agenda. He added that the Council would discuss these two
items first on the Action Agenda.
CONSENT AGENDA
(46 AGENDA ITEM #1 —CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF
,,, 6/8/04 AND 6/17/04.
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AGENDA ITEM # 2 — CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT OF THE
"EDBEAR TWINS CONDOMINIUMS," A TWO-UNIT CONDOMINIUM DECLARATION OF AN
EXISTING DUPLEX LOCATED AT 12205 N. FOUNTAIN HILLS BOULEVARD, AKA FINAL PLAT
206,BLOCK 8,LOT 5. CASE NUMBER S2004-02.
AGENDA ITEM #3 — CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR "PJW
CONDOMINIUMS," A TWO-UNIT CONDOMINIUM DECLARATION OF AN EXISTING DUPLEX
LOCATED AT 15079 ESCONDIDO DRIVE, AKA FINAL PLAT 432, BLOCK 2, LOT 4. CASE
NUMBER S2004-08.
AGENDA ITEM#4—CONSIDERATION OF THE FINAL PLAT OF "LOT 43,BLOCK 1,PLAT 5-5-B,"
A REPLAT TO JOIN A PORTION OF TRACT 'C' WITH LOT 43, LOCATED AT 16040 N. BOULDER
DRIVE. CASE#S2004-09.
AGENDA ITEM #5 — CONSIDERATION TO APPROVE THE PRELIMINARY AND FINAL PLAT
FOR THE "RTW OFFICE CONDOMINIUMS," A 10-UNIT OFFICE CONDOMINIUM PROJECT,
LOCATED AT 13215 N,VERDE RIVER DRIVE,AKA FINAL PLAT 208B. CASE#2004-11.
AGENDA ITEM #6 — CONSIDERATION TO APPROVE THE PRELIMINARY AND FINAL PLAT
FOR "SANDMAN, A CONDOMINIUM," A 2-UNIT RESIDENTIAL CONDOMINIUM PROJECT,
LOCATED AT 14424 IBSEN DRIVE, AKA FINAL PLAT 111, BLOCK 5, PLAT 2, LOT 2. CASE
#52004-10.
AGENDA ITEM # 7 — CONSIDERATION OF RESOLUTION 2004-29 ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS LOCATED AT THE EASTERLY PROPERTY LINE OF LOT 7, BLOCK 6, PLAT 203
(16507 E. EMERALD DRIVE) AS RECORDED IN BOOK 149 OF MAPS, PAGE 29, RECORDS OF
MARICOPA COUNTY,ARIZONA WITH STIPULATION. EA04-08(DAC,INC.).
`4011)
AGENDA ITEM #8 — CONSIDERATION OF RESOLUTION 2004-30 ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINES OF LOT 23, BLOCK 1, PLAT
506c (14940 E. GOLDEN EAGLE BOULEVARD) AS RECORDED IN BOOK 159 OF MAPS, PAGE 31,
RECORDS OF MARICOPA COUNTY,ARIZONA. EA04-09(FORSBERT).
Vice Mayor Archambault MOVED to approve the Consent Agenda as read (Items#1 — 8) and Councilman Kehe
SECONDED the motion.
A roll call vote was taken with the following results:
Councilman Kehe Aye
Councilman Schlum Aye
Councilman Kavanagh Aye
Councilwoman Nicola Aye
Mayor Nichols Aye
Councilman McMahan Aye
Vice Mayor Archambault Aye
The motion CARRIED UNANIMOUSLY(7 to 0).
ACTION AGENDA
AGENDA ITEM #9 (REMOVED FROM THE CONSENT AGENDA) — CONSIDERATION OF THE
SPECIAL EVENT REQUEST SUBMITTED BY THUNDERBIRD ARTISTS FOR THE FOUNTAIN
HILLS FINE ART AND WINE AFFAIRE SCHEDULED FOR FRIDAY, SATURDAY AND SUNDAY,
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MARCH 25, 26 AND 27, 2005 FROM 10:00 A.M. TO 6:00 P.M. THE EVENT WILL REQUIRE THE
CLOSURE OF AVENUE OF THE FOUNTAINS FROM VERDE RIVER DRIVE TO LA MONTANA
(160 DRIVE.
Planning Administrator Molly Bosley, filling in for Tom Ward, addressed the Council relative to this agenda item.
She explained that a Special Event application was received from the Thunderbird Artists to host the Fountain
Hills Fine Art and Wine Affaire, sponsored in conjunction with the Downtown Business Community, on Friday,
Saturday and Sunday, March 25, 26, and 27th from 10:00 a.m. until 6:00 p.m. She noted that the event would
require the closure of the Avenue of the Fountains from Verde River Drive to La Montana. She said that the
closure would begin at 5:00 p.m. on March 24th and the streets would reopen at 6:00 a.m. on Monday, March 28th.
She advised that the applicant had been in contact with the Special Event Sign Committee, composed of various
staff members from various Town departments, which recommended approval. She added that the application
complied with the provisions of the Town Code for major events.
In response to a question from Councilman Kavanagh, Ms. Bosley stated that the fencing would go in front of the
stores (Sami's and Chen's Garden) and provision would be made for adequate walking space directly in front of
the businesses. She added that the fencing would extend over the street and over the median in the Avenue of the
Fountains.
Mayor Nichols commented that other events would be occurring around those same dates and said they had a
Town policy, which prohibits holding public events such as this within twenty-five (25) days of each other. He
questioned whether this would compete with other events they were working on, such as the triathlon, which
would be held in conjunction with the City of Tempe.
Town Manager Tim Pickering responded that the applicant probably did not have knowledge of the other event
but concurred that this was one of the items brought up during discussions about the triathlon. He said that Staff
had been working closely with Tempe but to date an agreement had not been solidified and no contract has been
Nigy signed. He reported that the timing would put the triathlon one week following the wine and cheese affaire. He
added that Staff had been working on other events that would conflict with the current policy and said it was a
popular time of year to hold events because of the excellent weather.
Councilwoman Nicola asked whether permission had been secured from all of the affected businesses and Ms.
Bosley reported that as a condition of approval from the Sign Committee, the applicant was required to notify the
affected businesses and obtain their permission to hold the event. She added that they were also doing this in
conjunction with the Downtown Business Group(one of their sponsors).
Vice Mayor Archambault stated that he might have a conflict of interest in connection with this agenda item,
based on discussion that just took place, and said he had reserved a spot for the classic car show that would be
held within a week of this event. Town Attorney Andrew McGuire asked whether the Vice Mayor had a
pecuniary interest in the car show and whether he would financially benefit from the event. Vice Mayor
Archambault stated that the money was generated for non-profit organizations but he did not receive any personal
gain because of his involvement. He added that he was the president of the association. Mr. McGuire stated the
opinion that the Vice Mayor would not be in conflict.
Councilwoman Nicola referred to Section 11,Fees Paid for the Event(Page 8), which stated that a non-refundable
application fee of$500 should be submitted with each special event application. She pointed out that according to
the documentation provided the Council,the applicant paid a$100 fee and asked why the discrepancy existed.
Mr. Pickering expressed the opinion that the Staff members who put this together assumed that the charitable
event was for the downtown businesses but said he would have to double check on that. He added that he
reviewed the application and it appeared to him that the $500 permit fee should be charged but reiterated that
%kw Staff would follow up on this and report their findings to the Council before final approval was granted.
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Councilman Kehe referred to the 25-day restriction and asked whether this event had not been restricted due to the
lack of other applications for that time frame. Ms. Bosley said that when the Special Event Sign Committee
reviewed this, the application met the 25-day requirement and their approval decision was because although there
might be other events out there that were considering submitting applications, they had not been received at that
time.
Councilman Kavanagh asked whether Staff was aware of any Town non-profit organizations that were planning
to submit applications during this period and Ms. Bosley responded that she was not aware of any.
Mayor Nichols pointed out that the timeframe for the Town sponsored triathlon would not meet the 25-day
requirement and questioned whether that event could be held.
Mr. Pickering responded that the Code provisions often do not apply to Town sponsored events. He said if the
Town sponsored the event, it could still be held.
The Mayor noted that the event would be held by a for-profit organization and asked whether any of the profit
would go toward charitable causes. Ms. Bosley said that the downtown business community would profit. Mayor
Nichols also asked whether any local charities (Kiwanis Club, the Rotary, etc.) would be participating in the event
and allowed to set up concession booths to generate donations.
Mr. McGuire recommended that the applicant respond to the Mayor's questions.
Jim Heasley, 14842 Mayflower
Mr. Heasley addressed the Council and said he represented Judi Combs, of Thunderbird Artists, and was
President of the Downtown Business Community, a focus group of downtown business people dedicated to the
growth and economic development of the Fountain Hills Downtown Business Community. He said the group's
current slogan is "Come on Downtown" and invited everyone to visit the downtown area and enjoy a pleasant
shopping experience. He noted that the group organized in August 2002 and had since been active in identifying
downtown and what it had to offer. He reported that 100% of the money that would be generated from this event
went to their non-profit organization and would go directly into marketing Fountain Hills' downtown. He added
that some discussion had occurred relative to allocating some of the money to non-profit organizations and said
that was something that his Board of Directors and the membership would decide at the appropriate time. He
commented that many people were unaware of this vibrant organization and highlighted just a few of their
accomplishments to date.
Mr. Heasley stated that the Fine Art and Wine Affaire, in addition to the Chamber's two arts and crafts shows,
would showcase Fountain Hills and its downtown businesses. He added that Thunderbird Artists had an excellent
reputation in the industry, was marketing savvy and their commitment to fine art had made them the benchmark in
art shows. He stated that Thunderbird Artists' shows received national rankings and recognition and it was a win-
win for the community thanks to Ms. Combs' expertise and knowledge. He added that their application met all of
the necessary requirements and with the Council's approval and support, the monies that would come back to
their organization would virtually all be spent on marketing the downtown business community.
Mayor Nichols asked who would run the food concessions. Mr. Heasley advised that as the sponsor of the event,
they were going to have a "Taste of Fountain Hills," and explained their intent to meet with restaurant owners,
organization members, and downtown business owners and attempt to persuade them to participate under a"Taste
of Fountain Hills" banner and provide a selection of food for sale to the general public rather than set up a
grouping of 15 or 20 food booths. He stressed the importance of business involvement in the event and added that
they hoped to make this an annual event. He noted that the event would be smaller than most, 20,000 to 30,000 to
start off,with 150 artist booths.
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In response to a question from the Mayor, Ms. Combs, applicant, advised that there would be wine tasting by the
glass and patrons would purchase tickets and stroll through the art. She added that there would be four different
wine tasting booths and music would be playing, creating a nice atmosphere.
Councilman McMahan asked whether the artists were currently in the fine arts category and Ms. Combs
responded that they were in fact in that category and there would not be any clothing, hobby or bazaar type booths
participating.
Councilman Kavanagh stated the opinion that the different approach as far as the food sounded like a good idea
and asked whether participation would be restricted to only a few restaurants. Mr. Beasley said that they had to
go out to see who would respond and who was interested in participating in the event. He clarified that there
would not be restrictions as far as who could participate as long as they were consistent with the theme.
Ms. Combs advised that they envisioned a large tent with tables manned by the different restaurants. She
displayed a sample of a first edition "Collector's Bag" that they intended to distribute at the event and noted that
the merchants would provide coupons, key chains, magnets, business cards, and whatever else they wanted to
promote their business. She added that the bags would be "stuffed" at the festival and handed out to the patrons.
She said that because of the artwork on the bags, she considered them a work of art and she hoped people would
start to look forward to this event and begin to collect the bags.
Councilman Kavanagh asked whether the booths in Fountain Hills needed to obtain licenses to participate and
was advised they did. Ms. Combs assured the Council that a process would be in place to ensure that all
participants had gone through the necessary permit process and obtained a license before they could set up their
booths.
Councilman Kehe asked what controls were in effect to avoid a first come, first serve situation should the Town
decide to allow the 25-day interval between events to remain in place. He added that an event might arise that the
%by, Town would like to host but a prior commitment to another applicant could prevent that from happening because
of the time frame.
Mr. Pickering responded that there were not a lot of ways to prevent that except for sharing knowledge.
Councilman Kavanagh noted that some of the events were "grandfathered-in"and therefore protected.
In response to a question from the Vice Mayor, Mr. Pickering said that he was not aware of anything in the code
that would prevent two events from occurring at the same time. He stated that they would probably have to come
in as a joint application and noted that it would not be a special event unless streets were being closed.
Councilwoman Nicola commented on the issue of liability and the fact that the applicant was always required to
obtain insurance. She noted that this was a different situation since the downtown business community and the
Thunderbird Artists would both be involved and asked Mr. McGuire whether he would recommend that each of
the parties protect themselves by taking out insurance.
Mr. McGuire said the only requirement was that the Town be named as an additional insured on one policy for the
applicant and therefore if there was a joint applicant, he believed the one policy for the Town ($2 million) would
suffice. He added that it would be wise for the individual groups to insure themselves amongst themselves.
Town Clerk Bev Bender stated that several citizens had submitted speaker cards and wished to address the
Council.
Suzanne Janson, 17324 East Zaharias
Niaw
Ms. Janson, a business and property owner in Town, said she had been in the art business for 35 years and,
together with her husband, had owned and managed two very large galleries out of state. She noted that a lot of
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patrons who came into their shop followed Thunderbird Artists on a regular basis and said the artists she
represented were extremely high quality and from all over the country. She added that she had known Judy and
her husband for 20 years and could not say anything but good things about Thunderbird Artists. She stated the
opinion that the event would be great for the Town and urged the Council to approve their application.
Lowell Janson, 17324 East Zaharias
Mr. Janson advised that he had been a professional artist for a good deal of his life and participated in
approximately 1,000 art shows during his vast career. He said he could testify that Judy Combs represented what
was good about their shows and would attract the type of clientele that they would welcome. He added that the
patrons would return to Fountain Hills on a repeated basis because of the quality art that was presented.
Frank Ferrara, 16837 Palisades
Mr. Frank Ferrara, representing the Chamber of Commerce, said he had concerns regarding the 25-day timeframe
limit between events and said they were working on an event that could bring national and international exposure
around the same time, together with the triathlon that was previously discussed. He stated that they had not yet
applied for a permit because the event was not "nailed down" yet. He noted that the gentleman from London was
ready to sign contracts but they still did not have a "done deal". He added that there were about four competing
events and said he hoped that the effort they had been expending for the past four months would not go down the
tubes because of the 25-day rule.
Mayor Nichols thanked the speakers for their comments.
Councilmember McMahan said he thought the event was an excellent one and should be approved.
Councilman Kavanagh MOVED and Councilman Schlum SECONDED a motion to approve the Special Event
Request submitted by Thunderbird Artists.
Mr. McGuire commented that he assumed the motion included any earlier discussion relative to calculating the
correct fee and ensuring that the other things requested by Staff were followed through on.
Councilman McMahan stated that those items were in fact included in his motion and the Vice Mayor said he
seconded the motion with that understanding.
Councilman Kavanagh said that he supported the request and stated the opinion that the upscale show would help
the Town's businesses, was consistent with what they were trying to accomplish, and would draw people to the
Town.
Councilwoman Nicola also expressed support for the event and said she brought up the fee issue because she felt
it was her responsibility to do so.
Mayor Nichols spoke in favor of the event as well and stressed the importance of not losing the opportunity to
hold other types of events during this time frame because of the 25-day requirement.
Councilman McMahan asked whether the Council could, on occasion, waive the 25-day restriction and Mr.
McGuire responded that the ultimate waiver would be a code amendment.
Councilwoman Nicola commented that she would not like to see the streets closed every weekend.
Vice Mayor Archambault requested that Mr. Pickering conduct research on how the 25-day restriction came into
play. He said he thought it was because a lot of events were being held in the park and they were trying to get the
grass to recover. He added that this would be an interesting issue to look into.
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The motion CARRIED UNANIMOUSLY (7 to 0).
AGENDA ITEM #10 — (REMOVED FROM THE CONSENT AGENDA) CONSIDERATION OF THE
'Ilar SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY THE FOUNTAIN HILLS
DOWNTOWN BUSINESS COMMUNITY FOR THE FOUNTAIN HILLS FINE ART & WINE TASTING
AFFAIRE SCHEDULED FOR MARCH 25, 26, AND 27, 2005, FROM 10:00 A.M. TO 5:00 P.M. ON
AVENUE OF THE FOUNTAINS.
Mayor Nichols asked whether they planned to stop serving liquor one hour before the event ended and was
advised that was the case. Although the event would run until 6:00 p.m. liquor would not be served after 5:00
p.m.
Councilman Kavanagh MOVED, and Councilman Schlum SECONDED a motion to approve the Special Event
Liquor License application for the Fountain Hills Fine Art&Wine Tasting Affaire.
Councilwoman Nicola expressed concern regarding the fact that only one side of the Avenue would be closed,
parking would be on the other side, and the lights would be out. She noted that it was a wine tasting event and
alcohol would be consumed. She expressed concerns regarding sight, judgment, and getting safely back to the
parking lot.
Mr. McGuire asked what Councilwoman Nicola meant when she said the lights would be out and she responded
that she assumed people would stay and patronize the restaurants downtown. She asked what time the sun went
down and the Mayor said about 7:00 to 7:30 p.m. Councilman McMahan said in March it gets dark between 6:30
and 7:00 p.m. and noted that wine consumption would end at 5:00 p.m.
The motion CARRIED UNANIMOUSLY(7 to 0).
flikw AGENDA ITEM #11 — CONSIDERATION OF RESOLUTION 2004-28 ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS LOCATED AT THE WESTERLY AND SOUTHERLY PROPERTY LINES OF LOT 23,
BLOCK 3,PLAT 505C (16450 SKYRIDGE LANE) AS RECORDED IN BOOK 158 OF MAPS,PAGE 42,
RECORDS OF MARICOPA COUNTY,ARIZONA WITH STIPULATIONS. EA04-07(HEWITT).
Town Engineer Randy Harrel advised that this was a request to abandon the 10-foot public utility and drainage
easements on Skyridge Lane. He noted that all of the affected utility companies had approved the request and the
Town had reviewed the drainage and could find no reason to maintain the drainage easement. He referred to
slides displayed in the Council Chambers and noted that there was some lot-to-lot drainage that the neighbors
were required to pass across their property. He added that there was a stipulation on the adjacent lot and
explained that Staff did not want to create a "no mans' land" by abandoning the easement. He advised that Staff
recommended approval and said the item was not on the consent agenda because two letters of objection from
neighbors had been received and the people were present to speak at the meeting.
In response to a request from Councilwoman Nicola, Mr. Harrel pointed out the drainage easement and said that
the drainage would be handled the same way in the plan review whether the easement was there or not.
Ms. Bender advised that two citizens wished to address the Council.
Reece Stigler, 16433 N. Picatinny Way
Mr. Stigler said he owned Lot #35, located just west of the lot that was being considered for abandonment. He
referred to a June 1, 2004, memo to the Mayor and Council from Civil Engineer Art Candelaria, Town Engineer
Randy Harrel, and Public Works Director Tom Ward and said he and his neighbor met with those individuals and
discussed at great length their plan for the drainage criteria. He emphasized that drainage was a real issue in that
area and must be seriously considered by the Town and Staff. He said he asked whether a hydrology or flow
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study had been conducted on that lot and was advised that none had been done. He informed the Council that his
lot would not be greatly impacted because he was located to the west but said other lots would definitely be
affected if there were any large flows. He said that they had determined that the flows would increase into the j
easement trench adversely affecting the two lots below to the south, #30 and #31. He reported that the owners
had placed boulders in there in an effort to channel the water that went through.
Mr. Stigler stated that no problem existed with the present easement abandonment but added that the Town should
be more vigilant and conduct a hydrology or flow study. Mr. Stigler ran out of time and the Mayor instructed him
to provide his letter to the Town Clerk.
Jim Gardiner, 16425 N. Picatinny Way
Mr. Gardiner said he was the owner of Lot #34, which adjoins the utility and drainage easement abandonment
currently under consideration. He said he understood why all of the affected utility companies approved the
abandonment, because they never used the easement and had no plans for future use. He added that the Town's
Engineering Department stated that in their professional opinion there was no reason for the Town to retain the
drainage easement proposed by the abandonment. He said that was with the understanding that certain lots within
the subdivision were subject to lot-to-lot drainage off their property. He noted that the owner of Lot #23 was
required to pass along the developed flow generated by the upstream lots across their property. He said that he
opposed the Town's Engineering Staff's statement that "there was no need for the Town to retain drainage
easements proposed by the abandonment," until they could provide a flow or drainage study relative to the
proposed site by the developer of Lot #23. He added that the study should show that there would not be any
negative impacts on the adjoining property owners.
Mr. Gardiner informed the Council that the owner of Lot #23 showed him proposed plans for that site which
indicated that roof drainage would direct water to the west. The lot would be graded draining to the west and the
grade to the rear or the south would be raised to allow for a six-foot retaining wall and redirect watershed that
went south to go west and into the drainage ditch. He said he asked the builder whether he would be leaving the
mature trees that were currently within the proposed utility drainage easement and his statement was that the
grading process, with a fill in that area, would place the roots too deep and likely kill the trees so they would have
to be removed. He added that in essence he wanted to narrow the channel for the increased flowage that would be
directed into it. He said he stated the opinion that it would certainly cause problems for the lots that lay 40 to 50
feet below. He advised that the builder agreed but said as long as it met Code and the Town agreed,that would be
someone else's problem, not his. He expressed concerns regarding the narrowing of the channel by filling in his
side of the drainage easement and narrowing the increased flowage. He expressed the opinion that erosion would
occur and make the channel deeper and steeper and said it would eat away the soil on his line. He reiterated his
opposition to Staffs statement that there was no need for the Town to retain drainage easements proposed by the
abandonment until a flowage or drainage study was conducted.
Mayor Nichols thanked the speakers for their comments.
John Hewitt, 16417 Scorpion Drive
Mr. Hewitt, the applicant in this case, addressed the Council and stated that in his application he addressed the
drainage issue and regardless of whether he received the abandonment or not, the drainage issue must be
addressed. He said if he were unable to get the abandonment approved, the drainage would run down the right
side of the property because that was where it needed to be. He added that if it were approved, it would still run
down the right side so either way it would be in the same spot. He explained that it had to be given to the
downhill individual in the best fashion. He discussed a downhill property easement that the owner had
maintained for taking that water flow and said he intended to direct the water flow into that easement, per the
building codes, and pass it down hill in the best possible manner. He added that there was nowhere else on the
property that when you built a house you could drain that water. There was no other reasonable place to put it.
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Mr. Hewitt informed the Council that if the easement abandonment was denied, he would move the retaining wall
that he wanted to put in there over three feet to put it on the line, but the drainage would still occur down the right
side. He added that this issue was discussed in his submittal to the City and both Tom Ward and Dana Burkhardt
agreed that drainage had to run down the right hand side.
In response to a question from Councilman Kavanagh, Mr. Harrel stated that the wash flowed from front to back
and would go to the rear of the lot. He added that even the natural drainage mostly went to the west side of the lot
and said he believed that the developed flow would also go there.
Councilman Kavanagh asked whether abandonment of the easement would be better for the developer and Mr.
Harrel responded that it would not make a difference.
In response to a request from Councilman Kehe, Mr. Harrel pointed out the drainage pattern. Mr. Harrel stated
that the property would drain to the back regardless of the abandonment.
Councilman Kavanagh asked what the benefit was of granting this to the applicant or the harm of not granting it
to the applicant. Mr. Harrel said that the benefit to the applicant was that he would have greater usage of his site,
i.e. could put a fence on the property line, or place his building to the normal building setback rather than to the
easement line. He added that he could also put a concrete driveway over the easement, which would not be
allowed if an easement were in place. He noted that the easement was basically unusable because it had to be
maintained for potential use for drainage or utilities, neither one of which Staff believes was warranted across the
whole site.
Councilman Schlum MOVED to approve Resolution 2004-28 and Councilman Kavanagh SECONDED the
motion.
In response to a question from Councilman Schlum, Mr. Harrel confirmed that when the building permit came
Lthrough,the drainage was always considered and any necessary modifications would be made to the flow to carry
the water if drainage had significantly changed in the grading of the lot.
Councilman Schlum pointed out that when it rained, water already hit this lot, and a significant change would
mean a change in the slope of the lot.
Councilman Kavanagh noted that requests such as this were granted all the time and he would vote to deny it if he
thought there was going to be any negative impact on adjoining property owners. He added that the Town
Engineer made it clear that there would not be any negative impacts and it would in fact give the lot owner a little
more flexibility. He said he did not see any reason to deny the request.
In response to a question from Councilman Kehe, Mr. Harrel said it really did not matter whether the drainage
easement was abandoned or not,they were still going to review the drainage during the building permit process.
Councilman Schlum commented that the only thing that would change was who owned the drainage area. It
would no longer be a public utility easement. He said the location of a fence could change. Mr. Harrel agreed
that a fence could be put on the property line if they so wished and the drainage would then all be on their lot.
Councilwoman Nicola said that if this was a relatively flat area, she would support the request but because of the
hillside area, she would not vote to approve the applicant's proposal.
A roll call vote was taken with the following results:
Vice Mayor Archambault Aye
Councilman Schlum Aye
Councilman Kehe Aye
Councilman Kavanagh Aye
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Councilman McMahan Aye
Councilwoman Nicola Nay
Mayor Nichols Aye
The vote CARRIED by majority vote (6 to 1).
AGENDA ITEM #12 — CONSIDERATION OF APPROVING THE AVENUE OF THE FOUNTAINS
CONCEPT PLAN.
Ms. Bosley addressed the Council relative to this agenda item and said that Staff had been working on this issue
for quite some time. She stated that in June of last year the Council approved a Request for Proposals (RFP)to go
out to bid for a consultant to assist Staff with a conceptual plan for the Avenue of the Fountains. She explained
that the reason for proceeding with this process was for the Town to develop a vision or central idea of what they
hoped to have as a downtown core. She added that they needed help to look at items such as streetscape design,
pedestrian and vehicular accessibility, and to define an identity for Fountain Hills through the establishment of a
unified conceptual plan for the downtown area.
Ms. Bosley reported that following the submittal of the RFP, Staff hired Design Workshop, a Tempe based firm to
assist the Town in the development of the conceptual plan. She explained that they were guided by a Steering
Committee known as the Downtown Consensus Team and noted that the individuals worked extremely hard
volunteering their own time to assist in the preparation of the plan. She announced that the members of the
Downtown Consensus Team consisted of Judi Yates, Lowell Jansen, Frank Ferrara, Paul Kolwaite, Jerry Miles,
Jim Heasley, and Greg Bielli. She reported that several public meetings and workshops were held late in the Fall,
on October 28th and November 17th, and said they were designed to received further public input from citizens,
business owners, and other stakeholders from around Fountain Hills and within the downtown business
community. She noted that three options were presented and information from these meetings, along with
information received from the Downtown Consensus Team, was used to develop the final proposal. The final
proposal was submitted to the Downtown Consensus Team for their review and consideration on May 19t. Ms.
Bosley stated that Staff was asking, based on their input, and the additional changes they recommended for the
final plan,for Town Council's approval of the conceptual plan.
Ms. Bosley invited Roger Socha, representing Design Workshop, to provide additional information relative to the
development of the plan and to discuss the three conceptual options that were presented at the fall meeting as well
as the final plan being presented at this time.
Mr. Socha thanked everyone for the opportunity to work with the Town of Fountain Hills and said in terms of a
vision and what was important for the Town, items identified were the mountains and the desert setting, the
fountain itself, which had a very strong presence in the community, and a strong support for the arts. He discussed
effort expended to define a "sense of place" utilizing those three areas and the needs of the downtown area. He
stated that three alternative concepts were developed (1) the water garden concept, which took advantage of the
existing fountains that existed in the median, the existing character of the "oasis" feeling that exists there. He
referred to slides depicting imagery that fell in line with that concept; (2) the sculpture/art garden concept, which
played off the fine arts and crafts segment of the community, including the art festivals. He added that this would
really play on the ability to determine and identify opportunities where public art could be incorporated into the
Avenue of the Fountains, so it became a feature that the Town was known for. Mr. Socha displayed some images
that portrayed that concept. He added that (3) was known as the desert garden concept and said this concept
would really play toward the environment, the mountains, the views, and the desert plant materials. He explained
that this proposal called for the development of a concept that "showed off' the environment as a highlighting
feature. He displayed elements that portrayed this alternative.
Mr. Socha reported that all three concepts were presented to the public. He said that two different types of public
sills)
forums took place; one was a cursory presentation of the three concepts and although some feedback was received
that helped to gauge the direction in which to proceed, there was no "clear-cut winner". He added that another
public workshop was then scheduled where the public was asked to"roll up their sleeves"and actually vote on the
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different concepts. As a result of their input, a priority list was developed that included items that needed to be
incorporated into the next round of the design process.
Chw Mr. Socha referred to a slide depicting the main points that were identified after the second meeting as being
important, such as keeping the large trees, narrowing the street, the ability to have moving water and take
advantage of the existing fountains. He noted that some residents wanted to keep the grass and have less desert
landscaping and said there was a 50/50 split on grass and having desert plants with low maintenance. He said that
the citizens' input helped them to prioritize and provided better direction on how to resolve the final concept plan.
He added that the public was also asked to vote specifically on the concept alternatives and reported that there
was a 50/50 split on the water garden concept and the ability to combine all of the concepts. He said that to
combine all of the concepts with the water concept would be the winner or the one to"follow through"on.
Mr. Socha stated that they developed a preferred concept illustrative and, taking into consideration the ability to
keep the large trees, street narrowing,etc.,they developed a plan that addressed as many concerns as possible. He
added that from that, they developed a phasing plan that would show how the scheme could be implemented. He
recognized that certain budget constraints existed as far as carrying out the project and phasing constraints as well.
He explained that in the original Phase I they proposed to keep the existing sidewalks but resurface them so there
was a "fresh feel" to the Town; install new pedestrian light features; create new mid-block crossings with speed
tables and traffic calming devices; install new trees and associated plantings to major crossing areas; and improve
the intersection crosswalks at Saguaro Boulevard, Verde River Drive, and La Montana. He added that following
the Design Consensus meeting, it was determined that they also needed to integrate some shade structures with
integrated seating and lighting to elevate the ability to provide comfort and shade to the streetscape itself.
Mr. Socha advised that Phase II would include the reconfiguration of on-street parking (new curbs along the street
that were approximately 10-feet from the back of the existing sidewalk toward the median) to provide enhanced
pedestrian access; installation of new street trees and associated plantings and expanded sidewalk width and
Lassociated benches and amenities. He reported that Phase III would include a new entry/gateway water feature;
renovation of the three existing water features; the addition of four new water features; the addition of a comfort
station;the creation of new walkways and plaza seating areas and new shade structures and trees in the median.
Mr. Socha provided a breakdown of costs associated with each of the phases (Phase I - $422,739; Phase II -
$588,451 and Median Phase -$780,971 for a total of$1,792,160).
Mayor Nichols thanked Mr. Socha for his presentation.
Councilman Schlum requested clarification relative to the actual goal of the project and associated improvements.
Mr. Socha replied that the goals were to define and create a master plan that expressed the character and the
vision for what the Avenue of the Fountains could be. He added that they strived to develop an alternative that
could be effectively implemented by successfully soliciting input from the public relative to what they would like
the outcome of the project to be.
Councilman Schlum asked what the impacts would be on current businesses during the improvement times and
Mr. Socha responded that this issue was not within the scope of their assignment and therefore was not
researched.
Councilman Kavanagh questioned why the median was being put in at the end. Mr. Socha replied that the median
already was a very big draw to begin with and did not need as much "nurturing" as the sidewalk and the
merchants along the sidewalk. He added that in a sense the median was its own entity and they could ultimately
decide that it was more important to move ahead on that.
In response to a question from Councilman Kavanagh,Mr. Socha advised that the proposed costs were just for the
,,. one concept. He said they did not prepare any estimates for the three concepts by themselves. He concurred that
this evening the Council was being asked whether or not they wanted to accept the concept recommended by the
public because of their input.
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Mr. Socha estimated that approximately 30 people attended the first meeting and 75 attended the second.
Councilman McMahan questioned the amount of input that was solicited from merchants along the Avenue of the
Fountains. He said his reading of the merchants was that they preferred that the medians be worked on first and
that the streets be done in the second or third phases. He expressed the opinion that the proposal was
"backwards"and Phase I should be the median phase.
Vice Mayor Archambault requested feedback from Mr. Socha relative to the proposed timing of the phases. Mr.
Socha responded that the items in Phase I included a certain amount of demolition that must take place. It would
take place closest to the buildings so the thinking was to do that first and then move out and take care of most of
the more destructive work without direct impact to the adjacent buildings.
Vice Mayor Archambault asked if they "flipped backwards" and did the medians in the order of 3, 2 and then 1,
whether they would destroy part of the median. Mr. Socha said that the median phase was its own entity and
could be moved and/or cut up in any direction they wanted. He added that Phase I and Phase II were really meant
to be the streetscape phase and co-exist together.
Councilman Kavanagh expressed the opinion that the median should come first and said no matter how nice the
median looked, he doubted that there would be a lot of people coming to see it. He added that he was extremely
excited when he saw the conceptual plans, particularly the water design, and said he liked the desert design but
thought the art design did not fit in with Fountain Hills. He expressed the opinion that in their desire to
compromise, a lot had been lost. He said he preferred to pick two of the original three plans this evening and
present them to the public.
In response to a question from Councilwoman Nicola, Mr. Socha stated that the water garden would use potable
water. Councilwoman Nicola noted that the older buildings were built right up to the sidewalk, if not onto the
sidewalk, and asked to whom the sidewalks belonged. Mr. Pickering responded that the Town owned the
sidewalks,right-of-way, and median.
Ms. Bender said that several speakers have submitted requests to address the Council.
Lowell Janson, 17324 East Zaharias
Mr. Janson advised that he was a business and property owner in Town and the president of a homeowners'
association that many had come to know as "the north forty," the four square blocks in the downtown area north
of the Avenue of the Fountains. He said he was speaking about, not for, the members of the association and noted
that a great deal of concern existed among the members relative to moving forward with the project. He
expressed the opinion that further delays might result in the loss of impetus behind the project. He explained that
this project started so long ago, funding was limited, and the project's emphasis was limited. The Committee at
that time felt it would be better to get something done as soon as possible and that was determined to be the north
side. He noted that it was initially limited to just a half block on the north side of the street between Verde River
and Saguaro Boulevard. He added that many of his associates had reservations regarding widening the sidewalk
and narrowing the streets. He urged the Council to take action on this matter as soon as possible.
Peg Tibbetts, 15633 E. Sunflower
Ms. Tibbetts said that she and her husband were 29-year residents of Fountain Hills and expressed concerns
regarding the narrowing of streets and the widening of sidewalks along Avenue of the Fountains as it pertained to
parking and access.
Jerry Kirkendoll, 11405 Cameron Court
Mr. Kirkendoll said that although the plan was very attractive, he did not feel it was appropriate for Fountain
Hills. He expressed the opinion that the sidewalks did not need to be widened and doing so would make backing
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out very dangerous. He discussed the costs associated with the project and recommended that the palm trees be
shortened and made into tables rather than incur the costs associated with their removal. He added that a stop sign
should be placed at the end of the first street to slow traffic down. He said he did not support the planting of
Ntio cactus at that location and added that the residents would prefer to have an "oasis". He distributed drawings to the
members of the Council depicting ideas from hundreds of people for the Avenue and emphasized the importance
of spending less money,completing the project faster, installing lights,and scheduling activities.
Jim Heasley, 14842 Mayflower
Mr. Heasley expressed the opinion that a Councilman Schlum did not receive an adequate answer to his question
regarding the consensus team and their goals. He provided a brief overview pertaining to the study that was
conducted to create the type of downtown desired by the community; unite the north and south 40 acres of Plat
208 and create a seamless downtown, enhance and develop downtown into a clearly identifiable and marketable
entity and implement traffic calming measures to make the downtown area pedestrian friendly. He added that it
was also to finalize the public improvement's plan to ensure linkage between the north and south portions of Plat
#208. He said that the proposal called for adopting the physical improvement plan, once finalized, and
implementing it as soon as possible.
Mr. Heasley said on October 25, the Consensus Team sent a memo to Tim Pickering, who had come into a very
difficult situation and had a lot on his plate as the new Town Manager. He stated that the memo said that they
needed to proceed with the plan. He added that to Mr. Pickering's credit, he helped to push it along. On
November 11d', a goals and parameter paper that Mr. Heasley wrote, that was approved by the Consensus Team
and addressed this issue, guided them and was published in the paper. On February 2nd, the Town Council
approved the RFP of February 20, 2003; on April 2nd the Town published the RFP and received over 40 packets.
He noted that three conceptual plans were proposed and the one selected received national recognition. On June
17th the RFP Screening Committee was formed and reviewed the proposals and on June 19t1, the Council awarded
the RFP to Design Workshop.
Mr. Heasley commented on the numerous Town and Staff meetings that took place over the next ten months and
expressed appreciation to Staff for their efforts in this matter. He stressed the importance of moving forward and
added that everything included in Phase I was extremely sensitive to the businesses on the Avenue.
Alice Sudal, 16872 Avenue of the Fountains
Alice Sudal, a business and property owner in Town, stated that her business was located on the Avenue of the
Fountains. She said they could discuss taking down the palm trees, widening the sidewalks, narrowing the streets
until they were all 100. She noted that the Town now had an Economic Development Coordinator, Gracie
Burton, and expressed the opinion that she was sensitive to every merchant on the Avenue of the Fountains. She
added that she was also smart and savvy and would consider the impacts on businesses with regard to which
phases should go first. She agreed that lighting was needed and suggested that Ms. Burton serve as a liaison
between residents/business owners and Staff and provide periodic updates and protect everyone's dollars.
Judi Yates, 16442 E.Trevino
Ms. Yates, a future owner of a business on Avenue of the Fountains, said that the group decided to go with Phase
I because they heard, not only from the residents but from the businesses as well, that they wanted lighting and a
much needed updated look. She commented on the Town's low budget and said she would like to clarify that
they did not want to spend money widening the sidewalks and narrowing the streets but it was a consideration
only because of what they heard from the businesses and residents at the workshops. She noted that Phase I
included cross walks and speed bumps to slow down the traffic and said if this was accomplished, they did not
feel they needed to go to Phase II. She asked that they move forward on this as quickly as possible.
Frank Ferrara
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Mr. Ferrara, representing the Chamber of Commerce, stated that although his organization was instrumental in
supporting the 4/10ths tax increase (with the stipulation that 1/10t of 1% went to downtown development), they
did not have an official position relative to what the downtown should look like because they deferred that action
to the Downtown Merchants Association and Mr. Janson who represents 208. He discussed concerns that were
relayed to him regarding the effects of construction on the downtown area and its effects on art festivals. He
explained that he sat on the Committee for this particular purpose and was assured that the necessary space would
be provided for the continuation of the festivals. He said that it was imperative that they move forward with a
plan that was sensitive to all of the players.
Dale Noss, 14603 North Fairlynn Drive
Mr. Noss addressed the Council and stressed the importance of providing shade. He noted that palm trees do not
provide shade. He encouraged them to put in desert plants and emphasized that lighting was extremely important
with the right fixtures and "down lighting" should be used rather than lighting that would shine in people's faces.
He discussed the importance of high quality lighting and the positive impacts it would have on the businesses. He
suggested that they be turned off and dimmed down when it was late and noted that motion detectors could also
be put in place to alert Sheriff's deputies that something might be going on. He also recommended that they look
for a half a foot-candle in pedestrian walkways.
Gordon Pittsenbarger, 15620 East Cholla Drive
Mr. Pittsenbarger, a property owner in Plat 208, said he favored anything that would beautify the downtown area
and improve business. He added that he did not see how this plan tied the north and south areas together and
expressed the opinion that the narrowing of streets would negatively affect the Art Fair. He stated that the
Avenue of the Fountains was not the only area where businesses were located and asked when some money
would be spent on Parkview.
Mayor Nichols thanked all of the speakers for their input. He declared at brief recess at 8:32 p.m. and the meeting
reconvened at 8:42 p.m.
Councilman Kavanagh suggested that they divide the decision-making parts,first the order and then the design.
Mayor Nichols recommended that they discuss the design issue first.
Councilman McMahan said he had been in contact with all involved parties and been part of this process for the
past 26 years. He stated that he would like the Council to act as quickly as possible on this issue and said he
believed the people would like to start with the median phase. He added that he would like to propose that the
downtown group conduct another public hearing at the end of July and that a decision be delayed until the
Council's August meeting. He noted that the group should concentrate on the median issue and said it could be
handled throughout the winter. However, if they went to streets now and began construction when winter visitors
were present, the businesses would experience significant problems. He added that work on the median could
accommodate the Fountain Festival, Stroll the Avenue (street lighting) and the Great Fair. He advised that the
median could be worked on the south side of the Avenue and said the idea of cutting that one street down to a
single lane, in his opinion, was ridiculous. He noted that the traffic was already a problem and this action would
only add to that. He said that no speed issue existed on the north side but that was not true on the south side. He
reiterated that the median should be considered first.
Councilman Kavanagh concurred that the median should be first and agreed that some effort should be expended
to control the speed. He said he would be amenable to starting with the median but at the same time, yanking#3
from Phase 1,the creation of a mid-block crossing with speed controls and proceeding with that as well.
Councilman Kavanagh MOVED that they begin with Phase III, the median first, and at the same time proceed NNIF
with#3 from Phase I, mid-block crossings with speed controls and traffic calming devices.
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The Vice Mayor declared a point of order and said he was under the impression that they were going to discuss
the specific items that they wanted included and then go on to the phasing. The motion DIED for lack of a
(141/0 second.
Mayor Nichols said he believed that most people had no problem with the items in Phase I and no problem with
proceeding with the median. He noted that the 225 people who signed the petition were opposed to widening the
sidewalk and narrowing the streets.
Councilman Kehe stated that they needed to move forward but stated that a segment of the population had been
missed. He added that they had to take that segment into consideration and noted that they agreed with more
items than they disagreed on and should focus on their disagreements and see whether some modifications could
be made. He said he had a petition with 86 names on it in his possession and not one of those people requested
that the median be done first. It was never brought up. He noted that the petitioners called attention to the width
of the sidewalk, the color of the sidewalk,existing trees, and improvements to other downtown areas. He referred
to a document handed out by Mr. Kirkendoll and noted that his P.S. stated: "The people like the Avenue as it is—
it's just not finished or pedestrian friendly." He said he thought that was the whole goal. He added that he
wanted to see the members of the Downtown Consensus Team open the door to those people who had differences
of opinion and attempt to reach a compromise.
Councilman Kehe stated that he would like the Committee, over the next month, to meet with members of
downtown businesses who had concerns and objections and work them out and come back with a plan at the first
meeting in August that represented a consensus of the groups. He said at that time he hoped the Council would
vote to proceed.
In response to a question from Mayor Nichols as to whether Councilman Kehe's statement was a MOTION,
Councilman Kehe responded that it was in fact a motion. Councilwoman Nicola SECONDED the motion.
(li„►r Councilman Kavanagh asked whether they were discussing the sequence of the steps and Councilman Kehe
responded that the sequence was not an issue for him. He added that he was directing them to come back with a
consensus that could be acted upon by the Town Council.
Councilman Kavanagh commented that he wanted to have a public hearing held prior to the placement of this
issue on an action agenda.
Mayor Nichols said he believed Councilman Kehe was saying let's give the people one more opportunity to
provide input and if they did not attend the meeting and provide that input,then so be it, but at least they would be
given ample opportunity. Councilman Kehe concurred.
Mayor Nichols requested that Councilman Kehe restate the motion.
Councilman Kehe MOVED that the Downtown Consensus Team be directed to meet with members of the public,
including the downtown businesses, prior to the first meeting in August, and come up with a consensus plan to be
placed on the action agenda for review, consideration, and possible movement on the issue of downtown
development.
In response to a question for clarification from Councilman Kavanagh, Mayor Nichols said that they were talking
about the actual design.
Councilman Kavanagh said that they were then back where they started and no one had seen the new design. He
pointed out that half of the members of the Consensus Team preferred the water plan and it was only when the
other half did not want the water plan that the hybrid plan was developed. He added that if the issue was what did
the Consensus Team want,they wanted the water plan, and he believed the overall public would indicate the same
preference. He said that should the motion fail, he intended to make another motion that they decide the phasing
and design at the next meeting, following a public hearing, and that they choose from the three plans that were
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shown to the people (the plans that the professional architects drew up before they were modified for compromise
purposes).
Vice Mayor Archambault advised that he could support Councilman Kehe's motion, but with caution. He noted
that a timeline was developed in February 2003 and they were placing that timeline in danger, although by only a
month. He pointed out that costs could be added to the project and they risked never starting the project just from
debate. He commented on the different ideas and designs that have been discussed and developed for Avenue of
the Fountains and said that nothing had ever happened. He agreed that the citizens should have one more shot at
this but emphasized that a decision must be made at the August meeting.
In response to a question from the Vice Mayor,Mr. Pickering explained that this was the acceptance of the master
plan for the downtown and noted that the next step, which was the only thing they had budgeted for this fiscal
year, was the design and actual engineering so it could go out to bid and construction could begin. He
emphasized that all the Council was accepting at this point was the master plan and they were attempting to
determine whether this was the master plan that the Town wanted to move forward with so that the plans could
proceed.
The Vice Mayor stressed the importance of placing faith in Staff and the citizens.
Mayor Nichols commented that he would support the motion because there were parts of it that a lot of people
were unhappy about. He added that it was only fair to rework the plan to address their concerns and attempt to
achieve a consensus on the issues of contention.
Councilman Kavanagh said he did not believe that the Downtown Consensus Team should be the body charged
with collecting public input and expressed the opinion that that was the responsibility of the Council and Staff.
Councilman Kavanagh MOVED to amend the motion to reflect that the public input be solicited by Staff rather
than the members of the Downtown Consensus Team and that the Economic Development Coordinator take the
three diagrams that were presented to the Council this evening and show them to all of the Town's clubs (Rotary,
Kiwanis, etc.) and that the feedback, including phasing, be presented to the Council at a public hearing held prior
to the Council's vote. Councilman Schlum SECONDED the amendment to the motion.
Councilwoman Nicola said she agreed with the first part of it but pointed out that the service clubs did not meet in
July. She added the opinion that they were not the right place to "play out" a Town project. She commented that
they had a community center and stated that she believed Staff should hold one meeting at the community center
in July prior to the next Regular Council meeting.
Councilman Kavanagh asked whether Councilwoman Nicola would agree to having Staff go out to all of the clubs
that were meeting and also have a meeting at the community center and she responded that she thought one
meeting should suffice.
Councilman Kavanagh said he would appreciate a second to the motion by someone who supports multiple input.
Councilman Schlum stated that he already SECONDED the amendment to the motion and he supported multiple
public input.
Mayor Nichols asked whether Councilman Kavanagh was telling Staff how to do it or telling them that Staff had
to get the public input. Councilman Kavanagh responded that he was suggesting that they get the multiple public
input and outreach.
Mayor Nichols commented that he would support that as long as he was not directing Staff on how to do it. ,41)
Councilman Kavanagh stated that the spirit was to obtain multiple avenues of outreach.
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Councilman Schlum noted that they saved 25% of the potential spending by removing $446,000 worth of
sidewalks and potential street changes and said he was in favor of soliciting additional input.
Mayor Nichols called the question on the amendment to the motion and a roll call vote was taken with the
following results:
Councilwoman Nicola Aye
Vice Mayor Archambault Nay
Councilman Kavanagh Aye
Councilman Kehe Aye
Mayor Nichols Aye
Councilman Schlum Aye
Councilman McMahan Nay
The motion CARRIED BY MAJORITY VOTE(5 to 2).
Mayor Nichols called the question on the original motion and the motion CARRIED UNANIMOUSLY (7 to 0).
Mayor Nichols clarified that Staff was going to conduct a meeting as soon as possible with the general public to
solicit input, (utilizing multiple methods to obtain the input) and bring back to the Council a recommendation as
to what items and which concept should be included in the new concept plan.
Vice Mayor Archambault requested that in the future the original motion be read back and the Mayor concurred
with that suggestion.
AGENDA ITEM #13 — CONSIDERATION OF REVISING THE COUNCIL'S GOALS FOR FISCAL
Le YEAR 2004-05 AND AN UPDATE ON THE PROGRESS TO DATE ON GOALS.
Mr. Pickering stated that in January the Council held retreats and in March or April adopted the actual goals for
the upcoming year. He said the goals were put into an action plan by Staff and included in the budget for passage
so that the plan could be implemented. He noted that some of the tools and resources that were needed to
implement the goals were not passed in the budget and the Council requested that they revisit the goals since
without the resources, Staff could not be expected to carry out the goals. Mr. Pickering advised that he reviewed
each of the goals after the budget was adopted and provided the Council with his observations as to what should
be amended,eliminated, changed or kept the same. He said that following a review of the amendment part of this
agenda item, he wanted to present a brief update on what has happened on the different goals.
1. Fire Contingency Plan
Mr. Pickering stated that he requested that the scope be narrowed so that they focused on two main areas (1) if
Rural Metro was not able to provide fire service, (they were able to do so at the current time), but if the Town had
its own fire department, what would be cost be and (2)determine what the plan would be to work with the City of
Scottsdale, the neighbor that would have the most impact on the Town as a result of the changes that were
occurring there. He noted that this narrowed the scope of the plan by concentrating on immediate issues versus
setting up mutual aid agreements with surrounding districts and eliminating consideration of merging with an
existing fire district, forming a regional or volunteer fire department, and the development of inter-governmental
agreements with other entities.
2. Comprehensive Public Information Program
Mr. Pickering advised that unfortunately this goal would either have to be continued to a time when the Town had
Nkiw a Public Information Officer in place or delete it for at least this fiscal year. He stated the opinion that the
position was key to accomplish their goal and without it he did not envision how that could be done.
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3. Prepare Revenue Ballot Measure
Mr. Pickering noted that the implementation of this program was contingent upon hiring the Public Information ,10)
Officer who would be responsible for reaching out to the "silent majority". He said that the Public Information
Officer would have prepared this information and this item had been delayed because of the next goal.
4. The Strategic Plan
Mr. Pickering advised that he was having the most difficulty with this goal and noted that the dollars had been cut
in half and the Staff who was going to head up the project had been eliminated. He said that they could begin to
implement an education process on exactly what strategic planning was and not actually get into the strategic plan
or they could look towards their volunteers and try to hire a consultant at a lesser rate to help coordinate the
efforts of the volunteers. He added that those were a couple of suggestions he was considering recommending to
the Council.
5. State Trust Land
Mr. Pickering noted that they were moving forward with this item, which, along with Item#6 —The Succession
Plan and Item#7—Water Analysis would not change.
6. The Succession Plan
See Item#5 above.
7. Water Analysis
See Item#5 above. ,
Mr. Pickering said in summary he recommended that they amend their adoption of the Council goals to eliminate
or at least delay the Town's public information goal; narrow the scope of the fire contingency plan; narrow the
Strategic Plan goals and table the revenue ballot until a Strategic Plan was complete.
Councilman Kavanagh asked how Mr. Pickering's recommended motion would affect making an inquiry to
Scottsdale as far as fire service and Mr. Pickering responded that there would not be any impact.
Councilwoman Nicola MOVED to accept the revised Council goals as per the Town Manager's recommendation
and Vice Mayor Archambault SECONDED the motion.
Councilman Kavanagh MOVED TO AMEND the motion to include a stipulation that whatever was left of the
Strategic Planning process it would retain the scientific study. Councilman Schlum SECONDED the amendment
to the motion, which CARRIED UNANIMOUSLY(7 to 0).
In response to a question from Councilman Kehe, Mr. Pickering advised that with the General Fund, he could
move monies within a department as long as they did not exceed the amount. He added that taken money from
one department and given it to another required the action of the Council.
Councilman Kehe said he had talked previously on the importance of strategic planning and governing not by
reaction but by pre-planning. He added that he proposed using the $60,000 (subject to modification) for the
development and implementation of a strategic planning process education program. He expressed the opinion
that members of the Council, including himself, were not all familiar with the workings of a strategic plan and
stated that the community was in the same boat. He stated that a strategic planning expert should be brought in Noir
and emphasized the importance of 100% support from the Council. He added that if they got beyond the
education point, the next step would be to commission either a Staff member or a Councilmember for additional
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training. He noted that the person would assume a leadership role and said the Town was fortunate to have a
citizen whose field is strategic planning and noted that she had agreed to form focus groups that would meet
(based on both steps outlined above)and determine where the Town was heading.
Councilman Kehe advised that key strategic issues include the ingress and egress, other than Shea for the Beeline
in Fountain Hills; the lack of a destination marketing plan involving the fountain, and reliance on sales tax
revenues and other sources. He emphasized that they were not just talking about minor issues, they were
extremely important. He pointed out that fairly soon the Town's income related to construction was going to drop
off and said they had to deal with that. He also agreed with the importance of obtaining a scientific study, as
mentioned by Councilman Kavanagh, and said it could be done within the context of the $60,000 but they had to
at least get started someplace. He stated that volunteers would be a part of the program but stressed that expertise
was also needed. He requested that his suggestions be considered rather than what had been submitted by the
Town Manager.
Councilman Kehe also emphasized the importance of having a Public Information Officer in place to provide
accurate, timely information to the Town's citizens. He asked that they salvage something in that direction and
said he had spoken on the importance of having programs on Channel 11 that allowed Town Officials and Staff to
discuss current problems and get into the homes of the residents. He noted that information regarding an altered
truck route was not disseminated to residents and proposed that this was the type of service that could be
provided. He discussed the State Trust Land issue and said that it had the largest impact on the entire community.
He noted that he was not talking about buying land, as that was already determined.
Councilman Kehe pointed out that in October the Council determined that it was going to annex land and advised
the State Land Department. He advised that the first step in the annexation process was the development of the
concept plan and initially the State Land Department was going to give the Town a significant role in the
development of that plan. He reported that the latest notification from the State Land Department was that they
were going to do the concept plan and they would let the Town know what they decided. He strongly emphasized
the importance of the Town having a say in the development of that crucial plan and added that when the
Department told the Town of Cave Creek that they would not be involved, they said "No, we need to be
involved," and they were allowed to do so. He stated that he had been informed that the Mayor and Town
Council and the Town Manager had not been involved with the State Land Department since October and said
this sent the wrong message and could not continue as the "heavy hitters" must be strongly involved. He reported
that three land sales took place over the last three weeks; all in Phoenix and all trust land. He emphasized the
importance of getting their foot in the door so that they became a part of the concept development and had a say in
the process.
Councilwoman Nicola expressed the opinion that a Public Information Officer was not needed to inform residents
on issues such as an altered truck route. She said it was her understanding that Staff made a decision to allow an
altered truck route through a no truck area and although Staff should have sent out information to the residents, as
they would do in a zoning case, a public information officer was not necessary at this time. She agreed that they
needed to do a better job of communicating but stressed that communication was a two-way street. She added
that they could also do a better job of listening and getting information out to the public. She challenged everyone
in the room to do so. She spoke in strong opposition to their failure to work more diligently and aggressively
toward mutual aid and added that Scottsdale was not the only City they could look to.
Vice Mayor Archambault said that with the strategic plan he believed they needed to crawl before they walked
and then they should run with it. He agreed that they should begin with some type of information program so that
everyone was on the same page.
Mayor Nichols pointed out that there was a motion on the floor to amend the goals and said the motion did not
allow them to tell the Town Manager how to do that. It is up to him to come back and tell them how he planned
to proceed,taking into consideration everything he heard at this meeting.
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In response to a question from Councilman McMahan,the Mayor advised that a fall retreat was being planned and
he advised that items for next year's budget would be evaluated at that time.
The Mayor called for the question and a vote on the motion as presented. A roll call vote was taken with the
following results:
Councilman Kehe Nay
Mayor Nichols Aye
Councilman McMahan Aye
Councilwoman Nicola Nay
Councilman Schlum Aye
Vice Mayor Archambault Aye
Councilman Kavanagh Aye
The motion CARRIED BY MAJORITY VOTE(5 to 2).
Mr. McGuire clarified that they voted on the motion as amended,not presented.
AGENDA ITEM #14 — CONSIDERATION OF RESOLUTION 2004-34, ADOPTING THE TOWN OF
FOUNTAIN HILLS POLICY AND PROCEDURES FOR PROPOSITION 202 FUNDING.
Mr. Pickering advised that this issue had been discussed several times and said that Staff was seeking a priority
from the Council for the funding of Proposition 202, which were funds received from Indian gaming through
Proposition 202 that was passed a year and a half ago. He explained that the resolution before the Council
adopted a policy that basically lay out three priorities for the funding: public safety, mitigation of the impacts of
gaming, and promotion of commerce and economic development. He discussed Staffs efforts to incorporate
input received from the Council and said they would like to move forward with this item and recommended
approval. He pointed out that the following agenda items had to do with funding requests.
Mr. McGuire commented that everything that achieved consensus during the work sessions where this item was
discussed were contained in the proposed draft.
Mayor Nichols noted that this was "virgin territory" because no one else had a policy in place. He said that
members of the Council did not want to proceed before a policy was put in place and added that although the
policy might not be perfect and would probably have to be amended as additional information is received from
the tribes, it was at least a beginning and would allow applications for funding to proceed.
In response to a question from Councilman Kavanagh, Mr. McGuire responded that under 1.4, the Preferred Fund
Use Schedule, the uses were listed as they appeared in the statute and were not listed in any ranking order.
Mr. McGuire responded to a question from Councilman Kehe relative to the second paragraph of the policy, and
stated that the statute was adopted by initiative so there was no "tweaking", amending or qualifying allowed. He
agreed that it would have been nice to have that paragraph read "included but not limited to" rather than simply
"including,"and expressed the opinion that it was not an exclusive list but they did not have any idea of the range
of the list. He advised that the tribal entities that Staff had been working with to date had treated it as an
exclusive list and utilized those categories in their own funding mechanisms and had established some funding
priorities in each fiscal quarter that focus funds to only those sections. He said many shared Councilman Kehe's
frustration regarding the statute.
Councilwoman Nicola expressed concern regarding attempts to define the statute and Mr. McGuire replied that
the legislature could not change the language but what the language meant was certainly up for interpretation. He
noted that there was no consistency and to date no one had assumed a leadership role. He added that the proposed
interpretation was consistent with what the tribes the Town had been working with had interpreted it.
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In response to a question from Councilman Kavanagh, Mr. McGuire concurred that the restriction regarding the
three topics only applied in situations where multiple applications were made.
tkilw Vice Mayor Archambault MOVED to approve Resolution 2004-34 and Councilman McMahan SECONDED the
motion.
Councilwoman Nicola stated that she would not support the motion because she still had a problem with the
discretion retained by the Town Manager in that all proposals would not be forthcoming to the Council.
There were no citizens wishing to speak at this time.
A roll call vote was taken with the following results:
Vice Mayor Archambault Aye
Councilman Schlum Aye
Councilman Kehe Aye
Councilman Kavanagh Aye
Councilman McMahan Aye
Councilwoman Nicola Nay
Mayor Nichols Aye
The motion CARRIED BY MAJORITY VOTE(6 to 1).
AGENDA ITEM#15—CONSIDERATION OF PROCESSING AN APPLICATION FOR PROPOSITION
202 FUNDING FROM THE FORT MCDOWELL YAVAPAI NATION THROUGH THE TOWN OF
FOUNTAIN HILLS FOR THE FOUNTAIN HILLS SHERIFF'S POSSE IN THE AMOUNT OF$10,500.
Mr. Pickering advised that this was a request from the Sheriff's Posse to use Proposition 202 funds for public
safety, which was one of the main priorities. He said the monies were going to be used to purchase a vehicle and
he recommended approval.
Councilman Kavanagh MOVED and Vice Mayor Archambault SECONDED a motion to approve the processing
of an application for Proposition 202 funding from the Fort McDowell Yavapai Nation through the Town of
Fountain Hills for the Sheriffs Posse in the amount of$10,500.
Councilman Kehe noted that the morning newspaper stated that the Sheriff's Office had requested the vehicle.
Mr. Pickering said that it was actually the Posse.
Councilwoman Nicola pointed out that Staffs cover sheet stated that the funds were for the Fountain Hills'
Sheriffs Posse, not the overall Maricopa County Sheriffs Posse and asked whether the vehicle would remain in
Fountain Hills. Mr. Pickering responded that it would remain in, and be identified as, a Fountain Hills Sheriffs
Posse vehicle.
Mr. Stan West, 16555 Kingstree Boulevard
Mr. West addressed the members of the Council and stated that he was a 15-year veteran of the Fountain Hills
Posse. He noted that the request for$10,500 occurred last year before many other things happened and much had
transpired since that time. He said that the Posse was in dire need of funds and said that contributions from the
public since 911 had virtually been cut in half. He added that vehicles were aging at a remarkable rate because
last year alone they had put 75,000 miles on the vehicles and three out of the five had over 100,000 miles. He
requested that the Council amend the funding allocation to request from the Indian Community $50,000 for the
,,,, purchase of two fully equipped new vehicles.
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Mayor Nichols noted that all the documentation in hand related to this request deals only with $10,500 in funds
and asked whether a new submission would be necessary to request the additional funding.
Mr. McGuire responded that the submittal would have to be different and pointed out that another request could
be made during the third quarter. He suggested that a letter from Posse explain their situation accompany the
application.
The Mayor called the question and the motion CARRIED UNANIMOUSLY (7 to 0).
AGENDA ITEM #16— CONSIDERATION OF PROCESSING AN APPLICATION FOR PROPOSITION
202 FUNDING FROM THE FORT MCDOWELL YAVAPAI NATION THROUGH THE TOWN OF
FOUNTAIN HILLS FOR THE TOURISM BUREAU OF THE FOUNTAIN HILLS CHAMBER OF
COMMERCE IN THE AMOUNT OF$100,000.
Mr. Pickering stated that this is a proposal similar to one that was successfully funded last year.
Councilman McMahan MOVED and Councilman Kavanagh SECONDED a motion to approve the processing of
an application for Proposition 202 funding from the Fort McDowell Yavapai Nation through the Town of
Fountain Hills for the Tourism Bureau of the Fountain Hills Chamber of Commerce in the amount of$100,000.
Mr. Frank Ferrara
Mr. Ferrara thanked the Council for their consideration.
The motion CARRIED UNANIMOUSLY(7 to 0),
AGENDA ITEM #17 — CONSIDERATION OF ORDINANCE 04-11, LEVYING UPON THE ASSESSED
VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO Noe
TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION
SUFFICIENT TO RAISE THE AMOUNTS ESTIMATED TO BE REQUIRED IN THE ANNUAL
BUDGET, TO PROVIDE FUNDS FOR BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING
INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR ENDING THE 30TH OF
JUNE 2005.
Accounting Supervisor Julie Ghetti explained that cities and towns levy property taxes primarily for two reasons
and both of them require voter approval. She noted that the first was a primary property tax, which was used to
fund general operations like Police and Fire. She said that the Town did not have a primary property tax. The
second reason was a secondary property tax and that was strictly for bond payments on voter-approved bonds.
She advised that the Town had four voter-approved bonds and this ordinance authorized Maricopa County to levy
the appropriate property tax necessary to make the debt service payment for FY 2004-05 ($1,450,000). She
pointed out that the rate was set by the County and not by the Town and Staff estimated it to be approximately 41
cents per$100.
Councilwoman Nicola MOVED and Councilman McMahan SECONDED a motion to approve Ordinance 04-11.
In response to a question from the Mayor,Ms. Ghetti advised that the numbers allowed for a delinquency factor.
Councilman Kehe stated that it was appropriate to mention that the only property tax levied by Fountain Hills was
.41 per$100 to pay off the bonds.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY(7 to 0).
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Mr. Pickering acknowledged that under Agenda Item#13, he had omitted from his verbal report an update on the
progress of the Council's goals. In response to a question from the Mayor, Mr. Pickering pointed out that the
written update was included as part of the Council's packet and said the information was also available to any
citizens interested in receiving a copy.
AGENDA ITEM #18 — COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY
PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS
FOR FUTURE MEETINGS.
There were no items to discuss.
AGENDA ITEM #19 — 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:
None.
AGENDA ITEM#20-SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER
Mr. Pickering advised that Staff would research and report back on the correct fee for the Special Event License
as previously discussed. He added that Staff would obtain input on the downtown plan and present that to the
Council at the first meeting in August.
Councilman Kehe added that Staff was directed to take certain action relative to the goals and the Town Manager
said he would come back with a game plan.
,,,. Vice Mayor Archambault wished everyone a happy and safe Fourth of July.
AGENDA ITEM#21 -ADJOURNMENT
Councilman McMahan MOVED that the Council ad' and Vice Mayor Archambault SECONDED the
motion, which CARRIED UNANIMOUSLY(7 to 0) e meeting adjourned at 9:50 p.m.
TOW AIN HILLS
By
Wally , olg, ayor
(
ATTEST AND
PREPARED BY:
0./q../ k/
Bevelyn J. B der, own 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 1st day of July, 2004. I further certify that the meeting was duly
called and that a quorum was present.
co DATED this 5th day of August, 2004.
Bevelyn J. Benr, own Clerk
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