HomeMy WebLinkAbout2004.0916.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 16,2004
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-
431.01(G)FOR DISCUSSION OR CONSULTATION IN ORDER TO CONSIDER ITS POSITION
AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION
REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING
OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN
ORDER TO AVOID OR RESOLVE LITIGATION. (SPECIFICALLY, THE TOWN HALL LEASE
NEGOTIATIONS AND A REFUND CLAIM BY A TAXPAYER.)
Councilman Archambault MOVED to convene the Executive Session and Councilwoman Nicola
SECONDED the motion, which CARRIED UNANIMOUSLY. Mayor Nichols recessed the Executive
Session at 6:25 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, Councilman McMahan and Councilwoman Nicola. Town Attorney Andrew McGuire, Town
likw Manager Tim Pickering, Town Clerk Bev Bender, and Planning and Zoning Administrator Molly Bosley
were also present.
MAYOR'S REPORT
Mayor Nichols read a proclamation declaring the month of October 2004 as "McDowell Mountain
Month" in the Town of Fountain Hills and stated that the preservation of the McDowell Mountains and
the Sonoran Desert has been established as a high priority for the Town and its citizens. He added that it
was the desire of the Town of Fountain Hills to raise awareness regarding the need to preserve these
valuable treasures for future generations. He noted that the Fountain Hills McDowell Mountain
Preservation Commission has planned several events, including an Open House at the Community Center
on October 3rd, as well as scheduled hikes and called upon all citizens to take a moment during the month
to appreciate the beauty of this community treasure.
CALL TO THE PUBLIC
There were no citizens wishing to address the Council at this time.
CONSENT AGENDA
Mayor Nichols advised that a request was received to remove Agenda Items 5 and 6 from the Consent
Agenda and place them on the Action Agenda.
AGENDA ITEM #1 —CONSIDERATION OF APPROVING THE COUNCIL MEETING
MINUTES OF AUGUST 10, 12, 19 AND 23,2004 AND SEPTEMBER 1,2004.
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AGENDA ITEM # 2 — CONSIDERATION OF APPROVING AN EXTENSION OF PREMISE
FOR GRAPEABLES FINE WINES FOR THE PLAZA FOUNTAINSIDE CHILI COOK OFF.
AGENDA ITEM #3 — CONSIDERATION OF APPROVING AN EXTENSION OF PREMISE
FOR GRAPEABLES FINE WINES FOR A WEDDING RECEPTION.
AGENDA ITEM #4 — CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR
THE WOMEN'S INTERNATIONAL SQUASH PLAYERS TOURNAMENT.
AGENDA ITEMS#5 AND#6 WERE MOVED TO THE ACTION AGENDA.
AGENDA ITEM # 7 — CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR
"CASTIGLIA-KEARNS DUPLEX, A CONDOMINIUM," WHICH IS A TWO-UNIT
RESIDENTIAL CONDOMINIUM PROJECT LOCATED AT 13005 N. MIMOSA DRIVE, CASE
#S2004-17.
AGENDA ITEM #8 — CONSIDERATION OF THE FINAL PLAT FOR "THE ENCLAVE,"
PREVIOUSLY KNOWN AS "VILLAS DEL CIELO CONDOMINIUMS," WHICH IS A 77-UNIT
CONDOMINIUM PROJECT LOCATED ON LOTS 2, 3. AND 4 OF FINAL PLAT TOWN
CENTER II, CASE#2002-06.
AGENDA ITEM #9 — CONSIDERATION OF APPROVING THE RELEASE OF $40,000 TO
FOUNTAIN HILLS COMMUNITY THEATER AS BUDGETED IN THE 2004-05 FISCAL YEAR
BUDGET.
AGENDA ITEM #10 — CONSIDERATION OF RESOLUTION 2004-47, CORRECTING A
SCRIVENER'S ERROR IN RESOLUTION NO. 2004-42, PASSED BY THE COUNCIL ON
AUGUST 19,2004.
AGENDA ITEM #11 — CONSIDERATION OF RESOLUTION 2004-45, APPROVING AN
AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA
DEPARTMENT OF PUBLIC SAFETY RELATING TO THE LEASE OF OFFICE SPACE.
AGENDA ITEM #12 — CONSIDERATION OF RESOLUTION 2004-49, APPROVING THE
TOWN OF FOUNTAIN HILLS' HAZARD MITIGATION PLAN.
AGENDA ITEM #13 — CONSIDERATION OF APPROVING THE MASTER PLAN FOR THE
MCDOWELL MOUNTAIN PRESERVE.
AGENDA ITEM #14 — CONSIDERATION OF RESOLUTION 2004-41, GRANTING
PRELIMINARY APPROVAL OF THE FINANCING BY THE TOWN OF FOUNTAIN HILLS,
ARIZONA,MUNICIPAL PROPERTY CORPORATION OF NEGOTIATION OF THE SALE OF
THE CORPORATION'S REVENUE BONDS OR OBLIGATIONS RELATING TO THE CIVIC
CENTER PHASE II PROJECT.
Councilman McMahan MOVED to approve the Consent Agenda as read and Vice Mayor Archambault
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
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Mayor Nichols Aye
Councilman McMahan Aye
Vice Mayor Archambault Aye
The motion CARRIED UNANIMOUSLY(7 to 0).
ACTION AGENDA
Mayor Nichols advised that the Council had decided to postpone the appointment of the Public Safety
Commission until the October 7, 2004,Regular Council meeting.
Mayor Nichols added that Agenda Items 16, 17, 18 and 19 (Case#GPA204-01 and#Z2004-04) had been
removed from the Action Agenda at the request of the applicant who had withdrawn his request to rezone
lots 68 and 69.
AGENDA ITEM #5 — CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR
A VIP CORPORATE SPONSOR TENT FOR THE FALL FESTIVAL.
Town Manager Tim Pickering advised that the Chamber of Commerce had applied for a liquor license for
a VIP corporate sponsor tent to sell liquor. He said that this was something new that the Town had not
done in the past and-staff recommended approval.
Councilwoman Nicola requested additional information regarding this agenda item and said this would be
the first time that the Town had two separate areas selling alcohol. She noted that the Council earlier
approved a liquor license for the VFW for their fundraising efforts. She stated concerns regarding a
possible conflict between the two organizations and questioned who the VIP corporate sponsors were and
what the VIP tent entailed.
Mr. Pickering said that staff would be happy to contact the Chamber and request that they make a
presentation at the next meeting. He noted that in all fairness they were not notified that this item was
going to be removed from the agenda until very late in the game and that was probably why they were not
present.
Councilwoman Nicola MOVED that Agenda Items 5 and 6 be continued to the October 7, 2004 Regular
Council meeting. Councilman McMahan SECONDED THE MOTION.
Councilman Kavanagh commented that there was a good chance that Mr. Ferrara would join the meeting
this evening and suggested that the Council table this item for the time being.
Councilwoman Nicola agreed to abide by Councilman Kavanagh's suggestion and withdrew her motion
and Councilman McMahan withdrew his second to that motion.
Mayor Nichols advised that Agenda Items 5 and 6 would be placed at the end of the agenda in order to
provide Mr. Ferrara an opportunity to speak should he show up at the meeting.
AGENDA ITEM #6 — CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR
A VIP CORPORATE SPONSOR TENT FOR THE GREAT FAIR.
Moved to the end of the Action Agenda along with Agenda Item#5 above. (See discussion.)
AGENDA ITEM #15 — CONSIDERATION OF REAPPOINTING FOUR PLANNING AND
Lor ZONING COMMISSIONERS TO EACH SERVE AN ADDITIONAL TWO-YEAR TERM.
Mr. Pickering advised that three Planning and Zoning Commissioners' terms would expire on October 1,
2004, and said that the members, Dennis Brown, Jerry Caldwell, Avril Forest and Tony Woodrel, had all
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agreed to serve an additional two-year term. He said that staff recommended approval of their
reappointment.
Councilman Kehe MOVED and Councilman Schlum SECONDED a motion to approve the
reappointment of the four above listed Planning and Zoning Commissioners for an additional two-year
term.
Councilwoman Nicola said that she would like to publicly state a concern she discussed with the Town
Manager regarding the fact that there was no consistent method of appointing members to serve as
commissioners at the current time. She noted that there were 25 applicants who wished to serve on the
Public Safety Commission and stated that there was significant community interest in serving on advisory
commissions. She commented that in the past when openings occurred, the Town went through the
process of advertising and interviewing various candidates, both new and current, and said that although
she was going to support the motion she would like to ask the other members of the Council to join her in
developing some sort of consistent public policy for the future to ensure that they did not eliminate other
members of the public who might wish to serve.
Mayor Nichols agreed with Councilwoman Nicola's point and said that the entire process of appointing
commissioners needed to be looked at, as recently evidenced by the Public Safety Commission vacancies
and the interest it generated. He thanked Councilwoman Nicola for her input and stated that this issue
should be reviewed at a future work-study session.
Councilman McMahan also agreed with the comments but noted that the people who the Council were
reappointing this evening were outstanding individuals and had done a tremendous job on the
Commission.
There were no citizens present wishing to speak on this agenda item.
�r The motion CARRIED UNANIMOUSLY(7 to 0).
AGENDA ITEM #16—PUBLIC HEARING REGARDING RESOLUTION 2004-39, A REQUEST
FOR A MINOR GENERAL PLAN LAND USE MAP AMENDMENT OF LOT 68 AND 69,FINAL
PLAT 414,FROM INDUSTRIAL TO MULTI-FAMILY HIGH DENSITY,CASE#GPA2004-01.
Removed from the Agenda at the request of the applicant who has withdrawn the case.
AGENDA ITEM #17 — CONSIDERATION OF RESOLUTION 2004-39, A REQUEST FOR A
MINOR GENERAL PLAN LAND USE MAP AMENDMENT OF LOT 68 AND 69, FINAL PLAT
414,FROM INDUSTRIAL TO MULTI-FAMILY/HIGH DENSITY,CASE#GPA2004-01.
Removed from the Agenda at the request of the applicant who had withdrawn the case.
AGENDA ITEM #18—PUBLIC HEARING REGARDING ORDINANCE 04-14, A REQUEST TO
REZONE LOTS 68 AND 69, FINAL PLAT 414, FROM "IND-2 IUPD," INDUSTRIAL UNIT
PLANNED DEVELOPMENT ZONING DISTRICT TO "M-3,"MULTI-FAMILY RESIDENTIAL
ZONING DISTRICT,CASE#Z2004-04.
Removed from the Agenda at the request of the applicant who had withdrawn the case.
AGENDA ITEM #19 — CONSIDERATION OF ORDINANCE 04-14, A REQUEST TO REZONE
LOTS 68 AND 69, FINAL PLAT 414, FROM "IND-2 IUPD," INDUSTRIAL UNIT PLANNED
DEVELOPMENT ZONING DISTRICT TO "M-3," MULTI-FAMILY RESIDENTIAL ZONING
DISTRICT,CASE#Z2004-04.
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Removed from the Agenda at the request of the applicant who had withdrawn the case.
AGENDA ITEM #20— PUBLIC HEARING REGARDING RESOLUTION 2004-46, A REQUEST
FOR A MINOR GENERAL PLAN AMENDMENT TO DELETE THE "EXISTING LAND USE
MAP" AND RENAME THE "PROPOSED LAND USE MAP" AS THE "LAND USE MAP,"
CASE#GPA2004-01.
Mayor Nichols declared the public hearing open at 6:50 p.m.
Planning and Zoning Administrator Molly Bosley explained that within the current General Plan there
were two Land Use maps, Exhibit 3, which was the existing Land Use map and Exhibit 4, which was
labeled as the Proposed Land Use map. She said that Exhibit 3 actually not only reflected the existing
land use but also the existing land use categories that existed prior to the adoption of the June 20, 2002
plan. She added that by adopting it into the plan, they had invalid information and advised that Arizona
Revised Statutes required that a General Plan have a land use element that designated the proposed
general distribution, location, and extent of such use of land in the future and said that this was what the
General Plan should do. She noted that for all policy decisions that they looked at regarding the General
Plan they look at the proposed land use map(Exhibit 4) as it was still labeled.
Ms. Bosley commented that in order to avoid confusion and clarify exactly what the General Plan was, a
blueprint for the future, staff was seeking approval from the Council to delete the existing Exhibit 3 Land
Use map and rename Exhibit 4, the proposed Land Use map, as simply "The Land Use map." She said
that this issue went before the Planning and Zoning Commission and received their unanimous support.
There were no citizens present wishing to speak on this agenda item.
Mayor Nichols declared the public hearing closed at 6:52 p.m.
AGENDA ITEM #21 - CONSIDERATION OF RESOLUTION 2004-46, A REQUEST FOR A
MINOR GENERAL PLAN AMENDMENT TO DELETE THE "EXISTING LAND USE MAP"
AND RENAME THE "PROPOSED LAND USE MAP" AS THE "LAND USE MAP," CASE
GPA2004-01.
There were no citizens present wishing to speak on this agenda item.
Councilwoman Nicola MOVED and Vice Mayor Archambault SECONDED a motion to approve staff's
recommendation. The motion CARRIED UNANIMOUSLY(7 to 0).
AGENDA ITEM #22 — STATUS REPORT ON ANNEXATION OF THE STATE TRUST LAND
PARCEL BORDERING FOUNTAIN HILLS ON THE NORTH AND EAST WITH POSSIBLE
COUNCIL ACTION.
Mr. Pickering noted that staff provided quarterly updates relative to goals set for the upcoming year and
said that one of those goals involved the State trust land annexation. He stated that staff would present a
status overview of all of the goals in October but said that staff received a request to provide an update on
this particular issue at this time.
Ms. Bosley again addressed the Council and provided an update on the process the Town had been
utilizing with their colleagues at the State Land Department to work through a process and plan to annex
the 1300 acres of State trust land located along the Town's northern boundary. She said that the Council
was presented with information from the Department in the form of a Five-Year Disposition Plan, which
listed all properties to be planned and disposed of in the next five years and said that the plan currently
depicted the aforementioned parcels for conceptual planning during FY 2005. She pointed out that the
conceptual plan must be done prior to not only the State Land Department disposing of the property, but
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also prior to the Town annexing the property. She noted that the Council had been provided subsequent
information regarding Fiscal Year 2007 that showed the 1300 acres listed for disposition.
Ms. Bosley stated that recent conversations with the State Land Department regarding the Town's
adjacent State trust land resulted in the recommendation for a joint work session with the Council and
representatives from the Department. She noted that currently there were no items scheduled for Council
consideration during the November work session and said that staff had extended an invitation to
representatives of the State Land Department to attend the November 9, 2004, work session to discuss
this issue.
Ms. Bosley reiterated that the conceptual plan was the first step that had to be done and said that once that
had been developed the Town would have to incorporate the approved plan into the Town's General Plan
through a General Plan Amendment. She said that only then could the Town apply to the State Land
Commission for annexation and emphasized that the State Selection Board must approve the annexation.
Councilman Kavanagh asked whether any other entities were involved in discussions with the State Land
Department regarding annexation. Ms. Bosley responded that to the best of her knowledge there were no
other Town of Fountain Hills entities involved in annexation discussions.
In response to a question from Councilwoman Nicola regarding whether incorporating the approved
conceptual plan into the Town's General Plan through a General Plan Amendment would require voter
approval, Town Attorney Andrew McGuire responded that it would be considered a major amendment
under the Town's plan and would require passage by the Council at a single meeting scheduled
throughout the course of the year set for major amendments and would require a super majority vote. He
added that the only issue they would have regarding that was ensuring that there was flexibility for that
date. Mr. McGuire clarified that just the Council had to vote on the issue and said that the voters would
have an opportunity in eight years to vote on this matter.
Councilman Kehe provided background information regarding this agenda item and said that at the outset
the issue of the State Trust Land, if handled incorrectly, could have a tremendous negative impact on the
community. He noted that they were not talking about purchasing the land, they were talking about
annexing it, and stated that the 1276 acres of incorporated land were located in Maricopa County and
zoned Rural-43. He read what the zoning designation stated and emphasized that it stated "but when
governmental facilities and services, public utilities and street access were available or could reasonably
be made available, application to the County for change of the zoning district to any single family
residential zoning district would be given favorable consideration." He said that if the Town annexed the
property, when the land was developed it would be in accordance with Fountain Hills' codes and in
harmony with the rest of the development in Fountain Hills. He added that if the land was not developed
under Fountain Hills' rules and was not annexed, it would be developed according to County standards,
which were not as strict as the Town's. He emphasized the importance of control and said that
annexation would provide some measure of control. He also discussed the revenues that would be
generated because of building permits, impact fees, and sales tax.
Councilman Kehe noted that the Council made a decision to annex in 2003 and since then and now only
one meeting had taken place between Town officials and the State Land Department. He added that in
the interim the Town's Planning and Zoning Administrator monitored the process by telephone as
opposed to regular meetings. He said that from the viewpoint of representatives of the State Land
Department in October, he was told that they desired active participation by the Town during the first step
of the annexation process, i.e., the development of the conceptual plan. He stated that as the year went
by, the Town received several memos from the Department, the first of which was in early spring, and it
said that the State Land Department was considering who should be the lead player in the development of
the concept plan. He noted the importance of the concept plan, which was the first step in the annexation
process and determined what kind of development would take place. He advised that at that point in time
the Department was considering whether they, a developer, or the Town of Fountain Hills should assume
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the lead position and develop a concept plan. He noted that the next memo from the Department advised
that they would do the concept plan and would advise the Town of its contents. He reported that in June,
the State Land Department contracted with the MB Group to develop an analysis for potential
development and finally, in an August memo, they advised that the State Land Department included funds
for the development of a concept plan in their next budget.
Councilman Kehe said that Fountain Hills had been "eased out of the picture" and emphasized the
importance of being a partner in the development of the concept plan in order to have a say in what went
on as far as future development. He added that annexation should be completed prior to the auction. He
commented that developers would prefer that the community not annex the land so they had a stronger
hand in the development of the project. He reported that over the last three months three parcels of trust
land in the northeast valley have sold for $240,000 an acre and up and added that those sales impacted
any appraisal that would have to be done prior to auction. He advised that in the State Land Department's
process for selling auctioned land, the appraisal was the "bottom bid." He noted that recently State Trust
lands had sold for two and three times the appraisal. He stated the opinion that if the Town of Fountain
Hills was a part of the concept plan, they could help in the planning to ensure that the development that
did occur benefited both the developer and the Town and included significant open space.
Councilman Kehe said that he recently learned of the invitation for the State Land Department to attend a
work study session to discuss this issue and asked the members of the Council to support an action to the
effect that the Town-Manager was directed to arrange a meeting at the State Land Department, with top
officials of that Department, including Commissioner Winkleman and his highest level staff, meeting
with the Mayor, the Town Attorney, the Town Manager, and several Councilmembers for the express
purpose of advising them of their interest and concern in moving the annexation process forward and their
interest in being a part of the concept plan. He noted that in June, officials from the Town of Cave Creek
and consultants for the State Land Department worked together to produce a master plan combining
preservation and some commercial elements and said that this was all he is asking for. He stated that the
only way the Town would be involved in the process was if their top-level people expressed that interest
to the top-level people at the State Land Department. He reiterated his request that the members of the
Council support a motion directing the Town Manager to arrange a meeting at the State Land Department
consisting of the top officials of both entities, the Land Department and the Town of Fountain Hills, so
that the Town could become a part of the conceptual process.
Councilman Kehe advised that his request listed above was actually a motion and Councilwoman Nicola
SECONDED the motion for discussion purposes.
Councilman Kavanagh said that he was not surprised by the fact that the State Land Department was not
overly anxious to include the Town in the development of a master plan because Fountain Hills did not
have a reputation as being a builder-friendly community. He commented that this perception began a
number of years ago because there was a strong preservationist presence in the Town and a number of
strict preservation laws were passed, some of which were so strict that they had to be rescinded and others
weakened. He said that the reputation remained although he did not believe that the Town now deserved
that reputation and that they were a changed community. He expressed the opinion that they had to work
to convince the State Land Department that they did want to be productive partners while still protecting
the land. He said that he was hesitant to bring motions forward because they better have a majority
motion because if they start to send that type of official record signals to the State there would be a
problem. He added that personally he would like to direct staff to pursue that course of action without
sounding like they were politically beginning to manage the operation, which would result in having the
State worry about the stability of any relationship the Town entered into with them. He said that he
believed that his colleague's suggestion was a good idea and he would hope that other members agreed
and that any premature motions be withdrawn at this time.
In response to a question from the Mayor as to whether Councilwoman Nicola would like to remove her
second to the motion, she stated that they should proceed with the vote.
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Mayor Nichols said he agreed that it was not necessary to have a motion to do this and said staff could be
directed without having a formal motion on the floor and he would vote against the motion although he
was highly in favor of the thrust and intent of what Councilman Kehe wanted to do.
Councilman Kavanagh MOVED to table the motion until after the November 9th meeting so that more
information could be received and reviewed. Councilmen McMahan SECONDED the motion.
Councilman Kehe suggested that the person who made the second withdraw his second so that discussion
could take place regarding directing staff to arrange a meeting. He spoke in opposition to delaying this
matter one more time.
Mayor Nichols stated that there was a motion to table on the floor that had been seconded.
Councilman Kavanagh asked whether at this point, if he were to withdraw his motion to table, would that
allow Councilman Kehe to formally make this direction. Mr. McGuire responded in the affirmative.
Councilman Kavanagh WITHDREW his motion with the provision that his colleagues will proceed in
the manner they indicated and Councilman McMahan withdrew his SECOND to that motion.
Mayor Nichols complimented Councilman Kehe on his logical and informative presentation.
Town Clerk Bev Bender advised that Bob Deppe wished to address the Council regarding this issue.
Bob Deppe, 16247 N. Boulder Drive
Mr. Deppe said that he supported annexation and as far as the development of a concept plan, Fountain
Hills needed to be a partner, not a player. He noted that they were dealing with both the State Land
Department Commissioner and developer lobbyists, very powerful people in the Arizona State
government system. He added that the trust land reform initiative did not make it on the November ballot
and therefore time remained to modify the initiative before it went for approval before the State
legislation and a vote of the people in two years. He said that included in the initiative was a provision to
identify up front incentive land that would be set aside for free if they agreed to preserve it and ask for it.
He added that Phoenix just did that and the Town of Fountain Hills should follow suit. He advised that
this was not contrary to the decision the Council made last October and pointed out that money was not
involved here, it was a"ask/don't ask"decision.
The Mayor thanked Mr. Deppe for his comments.
There were no other citizens wishing to speak on this item.
AGENDA ITEM #23 — CONSIDERATION OF THE FIRST AMENDMENT TO THE DESIGN-
BUILD AGREEMENT WITH HOLDER CONSTRUCTION FOR THE CIVIC CENTER PHASE
II PROJECT,INCLUDING THE GUARANTEED MAXIMUM PRICE.
Mr. Pickering said he would like to remind the Council that they were doing this project for three reasons:
savings, service, and security. He noted that the Town rented their current buildings and spends
approximately $600,000 to$650,000 each year on a"non-asset" with the lease they currently have, which
remained unsigned. He added that even if the lease were signed, they would still have to be out of the
building by July 2005. He reported that the savings would be significant over the long haul and staff
recommended purchasing their own building versus continuing to lease. He noted that all of the different
services offered by the Town would be in one place and added that the building that they were intending
to build would be much more secure than the current building. He commented on the significant amount
of time staff had put into this project and said that the cost was right around the budget that was originally
set for this fiscal year.
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Brian Perkins, the architect for the project, introduced members of his team and provided an overview of
the project. He discussed the design/build process and said that from the very beginning they worked
together with the contractor to come up with a price, quality, and functioning project. He said that staff
and the Council were involved as well as members of the community and added that the process had been
an enjoyable one. He referred to slides depicting the site plan and noted that the plan tied into the
community center as well as the Avenue of the Fountains. He discussed the colors and "richness" of the
different buildings along Avenue of the Fountains that affected the project and contributed to the ultimate
design. He explained that the entry was really a "pass through" within the building and said there was a
main plaza/court to the south of the building, which most people would enter in from the main parking lot
that was shared by the community center. He added that there would also be an entry off Avenue of the
Fountains.
Mr. Perkins noted that the first level included the Council Chambers, the Courts, and the Sheriff/DPS area
with a special access point for a sally port as well as access directly in and out for the public safety
component. He added that the second floor would contain a "one stop shop"that was off the main lobby,
which would be used more for Development Services/Public Works interfacing with the general public
and the second floor would contain administration as well as Parks and Recreation.
Mr. Perkins reviewed the elevations and said they used materials used throughout Avenue of the
Fountains as a model and said that the southwest look they were trying to achieve was portrayed more in
the punched openings, the deep set windows that provided a lot of shading, the deep overhangs at the
porches as well as some sun shading and a trellis that was located along Avenue of the Fountains to bring
the scale of the building down and provide shading along that area. He added that the different roof
structures provide more of a southwest feel for a government building and said there was a desire to not
make the building look expensive, but rather to provide quality and durability to serve the long-term
needs of the Town. He also discussed security and how it was tied into the design of the project from the
onset. He commented on areas that contained bullet resistant materials to allow people access to a
protected area. He also noted conduits and access points for metal detectors, should the need arise in the
future as well as a centralized mailroom.
Mr. Perkins advised that the guaranteed maximum price they arrived at over a two-month process was
$5,424,023. He noted that the proposal has gone through several design and review processes and added
that the proposed cost meets the budget that was set. He added that they had also laid out a set of
alternatives and noted that a budget was set for $210,083 for Avenue of the Fountains; there was an
option to extend the parking lot at the east side of the site for $206,693; and an additional alternative,
furniture, was estimated at$436,728. He reported that to date they had completed the design as approved
by the Design Committee and they were now in the process of completing construction documents. He
added that a little over a month from now they would enter the permit process in order to start the
construction on time and finish the project by July 2005.
Councilman Kehe commented on the fact that the Council recently discussed changes they wanted to
make and asked whether the proposed additions addressed those changes.
Mr. Perkins responded that the plan had integrated more desert landscaping similar to existing
landscaping; fascia stone has been reworked; the fact that bullet resistant glass at the Sheriffs Department
was not included due to budget restraints; masonry walls located adjacent to each side of the windows
along the Sheriffs area; a request for canopy and columns at the Senior Center entrance and the fact that
since the building was proposed for an expansion in the next ten years; spaces would be vacant and used
for shell space so the canopy was not a high priority at this time; the fact that an entry plaza court had
been designed with a fountain; porcelain tile that would be used and the fact that quartz countertops
would be constructed.
In response to a question from Vice Mayor Archambault, Mr. Pickering advised that after the seniors
advised that they preferred staying at the Community Center, staff looked at what the cost would be to
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redesign the area and was it going to be cost effective to take that space out. He said they realized that if
they took the space out and redesigned it, the redesign and time costs made it apparent that they should
just shell out the area where the seniors were going to be. He noted that this provided added flexibility in
the future should expansion room be needed.
Vice Mayor Archambault commented that they were basing construction on an 8-month period and asked
whether there was anything that could jeopardize that and the cost, i.e. weather, etc. Mr. Perkins
responded that typically in Arizona weather was not a major factor, barring acts of god, and added that in
negotiations with subcontractors they always made it known up front that work weeks lasted 40 hours and
if that was not accomplished,time was made up on Saturdays.
Discussion ensued relative to the fact that the Smith Group was working very hard to finish up the
construction documents and were moving forward with the design with the understanding that there
would not be any major changes to the structure or the aesthetics that would necessitate more significant
design time; the fact that the construction start date was hinged upon the Smith Group finishing the
documents as soon as possible; the fact that a geo-technical report was developed and no"hard digs"were
expected although the reports were not a science; the addition of colored concrete at the main entrance;
the fact that the Council had requested that a fountain be located out front and the fact that nothing had
been put on paper to date; the fact that the architect intended to design and price an area of entry
courtyard that was fairly close to the price provided for opening up the courtyard area; the fact that the
entry site walls were too expensive to be included in the budget; structural inspections; the fact that the
synthetic stucco contained an integral color and patching could eventually become a maintenance issue
although the chances were slight and the fact that bullet proof glass was removed from the budget due to
its cost.
There were no citizens wishing to speak on this item.
Vice Mayor Archambault MOVED and Councilman Schlum SECONDED a motion to accept the first
amendment to the Civic Center II project contract.
The motion CARRIED UNANIMOUSLY(7 to 0).
(At this time the Council revisited Agenda Items #5 and 6, which were continued to the end of the
agenda.)
AGENDA ITEM #5 — CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR
A VIP CORPORATE SPONSOR TENT FOR THE FALL FESTIVAL.
Mr. Frank Ferrara, Executive Director of the Chamber of Commerce, addressed the Council regarding
this agenda item. He explained that the Chamber was not immune to rising costs and therefore they
developed a Corporate Sponsor Program that was not unique to organizations such as theirs. He said that
the program enabled the Chamber to sell sponsorships to various companies and added that they hired a
marketing company to assist in this process on a commission basis. He noted that one of the packages
they put together involved a VIP tent and negotiations were occurring with two sponsors now. He said
that if one of the sponsors for the November show agreed to participate, the tent would be located where
the old Chamber of Commerce beer garden had been located. He explained that alcohol products would
be dispensed by the sponsor to his/her clients; the tent would be erected; the sponsor would have an
opportunity to invite groups of people who would hopefully become clients to sample the products the
sponsor planned to market in the Arizona market.
Cow Mr. Ferrara emphasized that there would not be an open bar and liquor would not be sold to the public.
He noted that the cities of Tempe and Phoenix had similar programs and said they were only looking at
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one tent for one sponsor. He reiterated the fact that this was for income purposes and would be tastefully
done and conducted in accordance with all laws and ordinances.
In response to a question from Councilwoman Nicola, Mr. Ferrara said that their insurance coverage
would cover this particular tent and identification passes would be used. He added that the Special Event
Committee approved this request and noted that if a sponsor did not step up to the plate, the issue would
be moot.
Councilwoman Nicola said that she would not support the agenda item and said that the Chamber turned
over the sale of alcohol as a fundraiser to the VFW and expressed concern regarding a possible conflict.
Mr. Ferrara responded that one product line would be dispensed as samples to those included on a private
invitation list. It would not be sold and would not conflict with the VFW's sales.
Councilwoman Nicola added that the Chamber sponsored art show was becoming more and more
commercialized and noted that the Town had consistently accepted the special event applications for
charitable, non-profit organizations at a fee of $100. Under Section 11, this was clearly a commercial
event sharing sponsorship with a charitable non-profit organization that should not be exempt from the
$500 application fee. She expressed the opinion that in all fairness to the Town and staff, she could not
support the proposal.
Mr. Ferrara commented that the Chamber came before the Council every year to seek support as most
Chambers do and said the alternative would be to close their doors. He noted that the only thing they had
going for them were the two events and said they spend all of the money they received on the Town. He
emphasized that they were not a commercial organization; they were a non-profit organization trying to
earn money to remain afloat so it did not have to burden the Town or its citizens for "their piece of the
pie".
Councilman Kavanagh said that the Chamber of Commerce was very generous to give the right to sell
alcoholic beverages to the VFW and added that he would hate to now penalize them and deny them the
right to conduct this small fundraiser.
Councilman Kavanagh MOVED and Councilman McMahan SECONDED a motion to approve the
Special Event Liquor License application submitted by the Chamber of Commerce for a VIP corporate
sponsor tent for the Fall Festival.
The Vice Mayor said he supported the motion.
In response to a question from Councilwoman Nicola, Mr. Ferrara advised that no naming rights were
involved in this issue.
A roll call vote was taken with the following results:
Councilman McMahan Aye
Councilman Kavanagh Aye
Councilman Kehe Aye
Councilwoman Nicola Nay
Vice Mayor Archambault Aye
Councilman Schlum Aye
Mayor Nichols Aye
The MOTION CARRIED by majority vote (6 to 1).
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AGENDA ITEM #6 — CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR
A VIP CORPORATE SPONSOR TENT FOR THE GREAT FAIR.
Mr. Ferrara stated that they were unsure how well this event would work on the median and said if it did
not work well, they would like to move the tent out of the way into the park, which they would obviously
rent. He said that this would be in February and the tent would be in the park "away from" instead of"in
the middle of'. He added that this was based on the fact that they would have a sponsor for the event.
Councilman McMahan MOVED and Vice Mayor Archambault SECONDED a motion to approve the
Special Event Liquor License application submitted by the Fountain Hills Chamber of Commerce for a
VIP corporate sponsor tent for the Great Fair.
There were no citizens present wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY(7 to 0).
AGENDA ITEM #24 - 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 #25 - 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#26—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER
Mr. Pickering stated that he would look at the appointment process and said this item would be discussed
at a work-study session probably after the first of year. He added that he would also set up the State trust
land meeting.
Mayor Nichols requested that the meeting be scheduled as soon as possible.
AGENDA ITEM#27—ADJOURNMENT
Councilwoman Nicola MOVED that the Council adjou nd Vice Mayor Archambault SECONDED
the motion, which CARRIED UNANIMOUSLY (7 t ). he meeting adjourned at 8:05 p.m.
TOWN AIN HIL
By
ally of ,Mayor
ATTEST AND
PREPARED BY:
Bevelyn J. Be er, own Clerk
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CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and
Executive Sessions held by the Town Council of Fountain Hills on the 16th day of September, 2004. I
further certify that the meeting was duly called and that a quorum was present.
DATED this 7th day of October, 2004.
Bevelyn J. Be er, wn Clerk
•
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