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TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
JUNE 16, 2016
EXECUTIVE SESSION
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the Executive Session to order at 5:00 p.m. in the Fountain Conference Room - 2nd Floor.
AGENDA ITEM #1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO : (1)
A.R.S. § 38-431.03(A)(3), DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE
ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY, AND (2) A.R.S. § 38-431.03(A)(4), DISCUSSION
OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS
POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY’S POSITION
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 (SPECIALLY, (I) PARK PLACE DEVELOPMENT AGREEMENT,
AND (II) THE AMERICANA DEVELOPMENT AGREEMENT).
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Henry
Leger, Councilmember Cecil Yates, Councilmember Dennis Brown, and Councilmember Nick DePorter. Town
Manager Grady E. Miller, Town Attorney Andrew McGuire, Interim Development Services Director Robert Rodgers
and Town Clerk Bevelyn Bender were also present.
Councilmember Nick DePorter MOVED to go into Executive Session at 5:00 p.m. and Councilmember Dennis Brown
SECONDED the motion, which CARRIED UNANIMOUSLY (5-0), by those present.
Councilmember Alan Magazine arrived at 5:01 p.m. and Councilmember Cassie Hansen arrived at 5:02 p.m.
AGENDA ITEM #2 - ADJOURNMENT.
The Mayor Kavanagh adjourned the Executive Session without objection at 5:50 p.m.
REGULAR SESSION
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:30 p.m. Fountain Hills Town Hall Council Chambers.
* Rabbi Mendy Lipskier provided the invocation.
* ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh,
Vice Mayor Henry Leger, Councilmember Nick DePorter, Councilmember Dennis Brown, Councilmember Cecil
Yates, Councilmember Cassie Hansen and Councilmember Alan Magazine. Town Manager Grady E. Miller,
Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present.
* MAYOR'S REPORT
None.
i) MAYOR KAVANAGH MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC
DEVELOPMENT.
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Mayor Kavanagh turned the meeting over to Councilmember Yates who spoke to the issue of domestic violence.
Councilmember Yates stated he represented Fountain Hills on the Maricopa County Association of Government’s
Domestic Violence Committee and noted at their meeting this month, the committee finalizing their “Request for
Qualifications” (RFQ) for a consultant for the risk assessment process to find the best resources for response and
intervention. Councilmember Yates added that the committee had picked a vendor and was in the process of
negotiating a contract. He added that the next stakeholders meeting would be held on June 21, 2016 and added that the
committee was working on how to share information between municipalities when domestic violence cases occur and
to have one source the cities and states could refer to for information. Councilmember Yates stated the committee was
working on how to end regional domestic violence and working on five goals and he announced that if anyone had
questions they could contact him or go to the web site www.azmag.gov.
Mayor Kavanagh asked for a report from Councilmember Yates and Councilmember DePorter who both attended the
“Tourism and Hotel Association” meeting on the Town’s behalf. Councilmember Yates explained that they attended a
luncheon about tourism and added that even through Fountain Hills did not have some of the larger venues that some
cities entertained the meeting consisted of information on investing in infrastructure and focusing on parks and the
need to take care of them. Councilmember DePorter added that the meeting also focused on the importance of tourism
to the State of Arizona and stated that he found that Fountain Hills had a good reputation with those in attendance.
Mayor Kavanagh thanked Councilmember Yates and Councilmember DePorter for attending the meeting.
ii) THE MAYOR WILL READ A PROCLAMATION DECLARING AUGUST 2016 DROWNING IMPACT
AWARENESS MONTH IN THE TOWN OF FOUNTAIN HILLS.
Mayor Kavanagh proclaimed August 2016 as “Drowning Impact Awareness Month” in the Town of Fountain Hills.
She stated that drowning incidents in Arizona take the lives of the equivalent of a classroom of children each year.
The Mayor added that the proclamation proposed simple steps to protect children around water to avoid the tragedy of
the unnecessary loss of life and water safety and added this remained a priority for Arizona families.
CALL TO THE PUBLIC
Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bevelyn Bender answered there were no
requests received.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM MAY 19 AND JUNE 2, 2016.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING EIGHT SPECIAL EVENT LIQUOR LICENSE
APPLICATIONS FOR THE FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM AND
HISTORICAL SOCIETY (JEAN LINZER) FOR EVENTS TO BE HELD AT THE FOUNTAIN HILLS
COMMUNITY CENTER, ON THE FOLLOWING DATES AND TIMES: (i) AUGUST 13, 2016 FROM 3:00
P.M. TO 10:00 P.M.; (ii) OCTOBER 19, 2016 FROM 6:00 P.M. TO 9:00 P.M.; (iii) NOVEMBER 16, 2016
FROM 6:00 P.M. TO 9:00 P.M.; (iv) DECEMBER 21, 2016 FROM 6:00 P.M. TO 9:00 P.M.; (v) JANUARY 18,
2017 FROM 6:00 P.M. TO 9:00 P.M.; (vi) FEBRUARY 15, 2017 FROM 6:00 P.M. TO 9:00 P.M.; (vii) MARCH
29, 2017 FROM 6:00 P.M. TO 9:00 P.M.; AND (viii) APRIL 19, 2017 FROM 6:00 P.M. TO 9:00 P.M.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING A BUDGET TRANSFER FROM THE GENERAL
GOVERNMENT’S FY2016-17 CONTINGENCY FUND TO COMMUNITY SERVICES IN THE AMOUNT
OF $93,454, FOR DOG PARK IMPROVEMENTS.
AGENDA ITEM #4 – CONSIDERATION OF APPROVING A BUDGET TRANSFER FROM THE
GENERAL GOVERNMENT’S FY2016-17 CONTINGENCY FUND TO COMMUNITY SERVICES IN THE
AMOUNT OF $25,000, FOR THE FOURTH OF JULY CELEBRATION.
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AGENDA ITEM #5 – CONSIDERATION OF APPROVING A PROFESSIONAL SERVICES AGREEMENT
(CONTRACT #C2016-263) WITH ARTISTIC LANDSCAPE IN THE AMOUNT OF $90,654, FOR
IMPROVEMENTS TO THE DOG PARK IN DESERT VISTA PARK.
AGENDA ITEM #6 - CONSIDERATION OF APPROVING RESOLUTION 2016-14, THE SECOND
AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY
LIBRARY DISTRICT RELATING TO THE OPERATION OF THE TOWN OF FOUNTAIN HILLS
BRANCH LIBRARY.
AGENDA ITEM #7 – CONSIDERATION OF APPROVING A PROFESSIONAL SERVICES AGREEMENT
(C2017-002) WITH POWER TECH CONTRACTING, LLC, FOR TRAFFIC SIGNAL EMERGENCY ON-
CALL SERVICES AND CALL-OUT SERVICES IN AN AMOUNT NOT TO EXCEED $37,500.
AGENDA ITEM #8 - CONSIDERATION OF APPROVING THE AMENDMENT NO. 1 TO THE
COOPERATIVE PURCHASE AGREEMENT (#C2016-186) WITH REDBURN TIRE COMPANY FOR
VEHICLE TIRES AND SERVICE IN AN AMOUNT NOT TO EXCEED $8,000.
Councilmember Magazine MOVED to approve the Consent Agenda as listed and Councilmember Cecil Yates
SECONDED the motion.
A roll call vote was taken with the following results:
Councilmember DePorter Aye
Councilmember Magazine Aye
Vice Mayor Leger Aye
Councilmember Hansen Aye
Councilmember Yates Aye
Councilmember Brown Aye
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY (7-0).
Mayor Kavanagh announced that if anyone was attending the meeting and had been interested in the dog park
improvement item that agenda item was listed on the Consent Agenda (item number #5) and had been approved.
REGULAR AGENDA
AGENDA ITEM #9 – CONSIDERATION OF APPOINTING ONE (1) CITIZEN TO SERVE ON THE
STRATEGIC PLANNING ADVISORY COMMISSION FOR A VACATED TERM BEGINNING JUNE 16,
2016 AND ENDING NOVEMBER 5, 2016.
Mayor Kavanagh explained there was a sub-committee of Councilmembers who interviewed the applicants and they
expressed their decision was difficult because everyone was qualified and the Councilmembers hoped that those not
recommended to serve on this Commission look at other ways to serve the Town. No speaker cards were submitted
and there was no Council discussion.
Mayor Kavanagh MOVED to approve Tammy Bell to serve on the Strategic Planning Advisory Commission
beginning on June 16, 2016, and ending on November 5, 2016. Councilmember Yates SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0)
Mayor Kavanagh acknowledged Tammy Bell in the audience and expressed her appreciation to those in the audience
who had applied and she again encouraged them to find another way to serve the Town.
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AGENDA ITEM #10 – CONSIDERATION OF APPOINTING SEVEN (7) CITIZENS TO THE SISTER
CITIES ADVISORY COMMISSION, THREE (3) CITIZENS FOR A THREE (3) YEAR TERM BEGINNING
JUNE 16, 2016 AND ENDING ON JUNE 15, 2019, AND FOUR (4) CITIZENS FOR A TWO (2) YEAR TERM
BEGINNING JUNE 16, 2016 AND ENDING ON JUNE 15, 2018.
Mayor Kavanagh explained this was a new Commission to the Town and Councilmembers were filling the entire
board.
No speaker cards were submitted and no Council discussion.
Mayor Kavanagh MOVED to appoint Enrique Melendez, Dr. Patrick Sweeney and Jackie Miles to serve on the Sister
Cities Advisory Commission for a three (3) year term beginning June 16, 2016 and ending on June 15, 2019, and
appoint Carol Carroll, Elizabeth Fichera, Virginia Pierce, and Bev Tall to serve on the Sister Cities Advisory
Commission for a two (2) year term beginning June 16, 2016 and ending on June 15, 2018. Councilmember Brown
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
Mayor Kavanagh acknowledged Carol Carroll who was in the audience and thanked her and the other members
appointed who would be serving on this new Commission.
AGENDA ITEM #11 – PRESENTATION OF THE TOURISM PROGRAM AND CONSIDERATION OF A
TOURISM STRATEGIC PLAN FOR 2016 – 2019.
Mayor Kavanagh explained at the request of Town Manager Grady Miller and due to the length of this meeting the
Tourism Strategic Plan presentation would be moved to the Town Council August 18, 2016 meeting and she
apologized for any inconvenience this may have caused.
AGENDA ITEM #12 – CONSIDERATION OF RESOLUTION 2016-08, LEVYING UPON THE ASSESSED
VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO AD
VALOREM TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF
VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED I N THE
ANNUAL BUDGET, SPECIFICALLY FOR THE PURPOSE OF PAYING PRINCIPAL AND INTEREST
UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR BEGINNING JULY 1, 2016 AND
ENDING JUNE 30, 2017.
Town Manager Miller explained this item involved the tax levy for the Town and was solely for the source to generate
the needed revenue for the debt service on the Town’s major capital projects such as the Saguaro Boulevard Project
and the Community Center. Mr. Miller stated this was the last part of the budget’s adoption and he recommended
approval. Mayor Kavanagh asked for questions or discussion from Council. Councilmember Yates requested
clarification that this was not a new tax. Mr. Miller replied that was correct adding that it was a yearly requirement
under state law to notify the public of this tax. There was no further discussion or questions from Council so Mayor
Kavanagh asked if there were speaker cards and Ms. Bender answered none were submitted.
Councilmember Yates MOVED to approve Resolution 2016-08 and Councilmember Brown SECONDED the motion,
which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #13 –PUBLIC HEARING TO RECEIVE COMMENTS ON RESOLUTION 2016-12, A
MINOR GENERAL PLAN AMENDMENT RELATED TO THE PROPOSED “PARK PLACE” MIXED-USE
DEVELOPMENT PROPOSAL TO BE LOCATED AT 16725 & 16845 E. AVENUE OF THE FOUNTAINS. IF
APPROVED, THE AMENDMENT WOULD INCREASE THE MAXIMUM RESIDENTIAL DENSITY IN A
MIXED-USE PROJECT IN THE DOWNTOWN AREA FROM 28 DWELLING UNITS PER ACRE TO 45
DWELLING UNITS PER ACRE. (CASE # GPA2016-01)
Mayor Kavanagh explained that items 13 through 17 would be presented in one staff report and all speakers requesting
to speak would be allowed to address any or all of the five agenda items during the public hearing for this project. She
added if a speaker agreed with someone previously speaking, they could just remark that they agreed with that speaker.
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Mayor Kavanagh opened the Public Hearing at 6:46 p.m.
Mr. Miller stated that this agenda item was a requirement that needed Council’s approval before addressing the other
four items on the agenda. Mr. Miller introduced Interim Development Services Director Robert Rodgers stating Mr.
Rodgers would give the staff report that included items 13 through 17, which would include a PowerPoint presentation
(available on line and in the office of the Town Clerk).
Robert Rodgers stated the applicant for this project was Bart Shea (from the N-Shea Group, LLC) for the Park Place
Development proposed to be located at 16725 and 16845 E. Avenue of the Fountains in the downtown area. Mr.
Rodgers pointed out that the applicant asked for four approvals that included a minor general plan amendment to
increase the downtown density limit from 28 dwelling units per acre to 45 dwelling units per acre so as to
accommodate the proposed Park Place Development project. He added the applicant asked for approval of a
Development Agreement which outlined regulatory procedural agreements between the Town of Fountain Hills and
the Developer of the Park Place project along with two re-plats in order to divide the area into lots according to the
proposed phases of the development. Mr. Rodgers added that if approved , the Park Place Development would occupy
two privately owned lots at about 9.3 acres and three Town owned properties consisting of three acres for a total of a
little over 12 acres. Mr. Rodgers referenced a slide that laid out the proposed areas that included a mixed -use,
commercial and multi-family residential project with buildings “C” & “D” a little larger and buildings “B” & “F”
proposed at three stories with 72 apartments and building “E” & “F” having 8,000 feet of commercial space with
building “B” having 102 apartments. Mr. Rodgers stated that building “C” & “D” (the two larger buildings) would
contain approximately 232 apartments and 35,000 square feet of commercial space. He continued that the project
would include a variety of streetscape improvements along the Avenue and a public art walk behind the Community
Center with additional parking lots and a small pocket park.
Mr. Rodgers explained that the level of detail in the presentation slide was for informational purposes only to help
Council put these requests into context. He added that the Planning and Zoning Commission and Town Council would
have a chance to review the concept plans for each phase at a later date. Mr. Rodgers stated the reason the request was
for a Minor General Plan Amendment was because this area was in the Downtown Area Specific Plan and a residential
density increase of less than 80 acres and in current ordinance was capped at 28 dwelling units per acre. Mr. Rodgers
pointed out that this request would not affect all of the downtown area, but only the avenue district and the south end
district with the remaining seven districts remaining the same at the current 28 dwelling units per acre.
Mr. Rodgers continued that the requested Development Agreement was to facilitate the development proposed and
would provide for variations and waivers of the Town’s current development standards, ordinances and regulations and
he listed the following variations and obligations:
1. Allow the project’s Concept Plan review and approval process to proceed in three phases.
2. Allow the use of Town property for the purposes of additional parking.
3. Require the construction of an “art walk” behind the Community Center in lieu of 50% of the Public Art
requirement.
4. Allow the use of on-street parking spaces in the calculation of available project parking spaces.
5. Allow a 20% overall reduction in the required number of parking spaces.
6. Allow for a 10:1 ratio of residential to commercial square footage within the TCCD zoning district.
7. Allow a residential density increase up to 45 dwelling units per acre.
8. Permit a project-wide maximum of 420 residential dwelling units.
9. Provide streetscape improvements, including crosswalk ramadas along the Avenue of the Fountains.
10. Provide a pocket park on the south side of the Avenue of the Fountains.
11. Allow for modified parking space dimensions.
12. Decrease the number of required loading zones from 14 to 4.
13. Increase the maximum building height allowance to 54 feet (four stories) in three buildings.
14. Modify the exterior building architectural offset requirements.
15. Provide free public Wi-Fi along the Avenue of the Fountains.
16. Allow for residential-only buildings within the TCCD zoning district.
17. Adopt a six-year development schedule.
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Mr. Rodgers stated there were two re-plats requested with Lot 1 divided into two lots as 1A containing Buildings “C”
and lot 1B containing Building “B” along with Lot 5 divided into three lots 5A containing Building “D” and Lot 5B
containing Buildings “E” and “F” and Lot 5C being an access isle between building “D” and the Morningstar project.
He noted that the Planning and Zoning Commission held their public hearing on May 26 th regarding the proposed
Minor General Plan Amendment and the motion to approve “failed” with a 3 to 3 vote by the Commissioners and he
explained the official Planning and Zoning Commission recommendation was not to approve the general plan
amendment and noted the draft meeting minutes were in their packets. Mr. Rodgers pointed out the Commission was
not asked to consider the development agreement or re-plats so there was no recommendation on those requests.
Mr. Rodgers stated that staff recommended the Council approve the Minor General Plan Amendment for 45 dwelling
units per acre and to approve the Development Agreement along with the re-plat request with the stipulations outlined
in the staff report. Mr. Rodgers stated that the applicants would like to make a presentation.
Vice Mayor Leger asked Mr. Rodgers if he had an exhibit that would help them understand the height of some of the
proposed structures and Mr. Rodgers answered he had provided a handout to the Council, but Vice Mayor Leger stated
it was difficult to see and requested Mr. Rodgers bring up a couple of PowerPoint slides and describe the height of the
buildings. Mr. Rodgers accommodated and explained that building “E” was four stories and “F” was three stories
located on the corner of Avenue of the Fountains and Saguaro Boulevard. Councilmember Yates asked if the slides
were actually to scale and Mr. Rodgers they were draft. Councilmember Yates suggested that the Developer had
sealed drawings he could present that would be more accurate. Vice Mayor Leger stated he had been asked questions
regarding the project and wanted the residents to see what was being proposed. Mr. Rodgers stated that the slides he
presented were not the true concept plan. Councilmember Yates asked that the Developer who had with him the
certified concept plans be able to present them to Council. Mayor Kavanagh requested that questions from Council be
held until the applicant made his presentation.
Wade Felkins, representing of Landmark Architects, addressed the Council and presented renderings recently taken of
the project in photographs displaying buildings “C” and “D” on the north side of Avenue of the Fountains, an image
directly in front of Town Hall looking south-east along the Avenue, and he presented a line-of-site graph that showed
the masses of building “D”, which was part of the Phase I application. Another slide showed Building “C” at the west
end at approximately 41 ½’ tall from the finish grade and the east end of the building at approximately 54’ tall. He
continued that building “D” was similar to building “C” and would be recessed at the west end then stepping down
floors to match the grade to meet ADA requirements. Mr. Felkins also presented a slide that showed the overall height
analysis with more detail and another slide showing the view from Town Hall east and the parking area on Town
property and added that the architects took pictures of existing palm trees and superimposed the buildings in a
photograph that showed the tallest palm tree at the height of 48’.
Councilmember Magazine questioned if Building “C” was 54’ and the palm trees in the photo were 48’ on the other
side and Mr. Felkins responded that was correct. Vice Mayor Leger asked for the height of building ”D” and Mr.
Felkins answered the west building was approximately 45’ and on the other end was 54’.
Bart Shea (N-Shea Group) explained that everyone had spent a long time on this project and pointed out that N-Shea
Group had originally submitted a Planned Area of Development (PAD) in December 2014 and currently had submitted
five different reversions and gone through plan checks to achieve full construction drawings and concept plan
approval. Mr. Shea added that the project started three years ago with 400 units plus the M orningstar project and had
gone from 40,000 square feet to 60,000 square feet then back down again to 40,000 square feet of commercial on the
first floor of the buildings. Mr. Shea explained that N-Shea Group was a privately formed company and had been in
existence for six years and noted that one-half of their projects were in Fountain Hills and that was due to him living in
Fountain Hills. Mr. Shea stated that over the past three years, there had been a lot of modifications and negotiations to
the project along with changes to the buildings heights. He added that it was very important to N-Shea to make
Fountain Hills everything possible and stated the opinion that the Town did not have enough residential anywhere in
Town at the rental rates to retain residents. Mr. Shea felt that everything in his proposal was right for the Town and N-
Shea was ready to proceed.
Mayor Kavanagh acknowledged that a number of citizens had submitted requests to speak. Town Clerk Bevelyn
Bender advised that in addition to those who wished to speak that she had also received cards from citizens who
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indicated their position on this issue in writing, but did not wish to speak [seventeen citizens were against the project
and seven citizens were in support of the project].
*The following citizens submitted speaker cards but indicated that they did not wish to speak and expressed
opposition to the proposed project.
We are against four story and larger footprint; against increased density; too high of density within a small area for
people, stay with Swayback; against project; four story height; would like to know why the fourth floor was needed,
density seems overkill for Fountain Hills; this sounds like a “bait & switch”, got project that met zoning and now
wanted to make major changes; why were they given a 20% reduction on the number of parking spaces; “no” on
increased density; I am not in favor, “no” on Park Place; opposed the request to increase the density from 28 to 50
dwelling units per acre represented gross overdevelopment, applicant was unable to provide enough on-site parking or
meet loading/unloading requirements per 2010 Strategic Plan, Council needed to be stewards of this unique conclave,
dedicated to preserving the environment and visual aesthetic, need to live in balance with the Sonoran Desert, if
applicant was serious about developing the properties he should do so in accordance with the ordinances; applicant
should not be permitted to meet parking requirement with off-site land or reduce loading/unloading zones in addition
to the multitude of other requests; concept as presented would be an eye sore to the community and damage the small-
town environment that is Fountain Hills, needed southwest feel, if project failed Fountain Hills would have to live with
all repercussions; this project would ruin our town, buildings are too high and ugly, we don’t need 400 apartments;
against project; do not want new buildings on Avenue of Fountains that obstruct the vie ws and the original concept of
Planning for the Town; need more info, do not agree as proposed; no higher than two stories, we don’t need traffic or
traffic lights, please keep the Avenue in accordance with what was already there, shopping and small eateries on
ground level, second floor apartments and condos, open balconies, don’t “blow -out”, such a beautiful area, keep
Fountain Hills unique.
*Chris and Maryann Cygan
*Ed and Joanne Cherney
*Garrett Wilson
*Angel Wilson
*Nancy Marcacci
*Elaine Tarr
*Lloyd Tarr
*Margarete Ripps
*Janna Palmer
*Denise Ham
*Joyce Opria
*Tom Marcacci
*Dolores Colman
*Jeff Kwarther
*Diane Hamilton
*Rosa Janssen
*Julia V. Byrne
**The following citizens submitted speaker cards but indicated that they did not wish to speak and expressed
support of the proposed project.
**Dave Long
**Hayden Brecto
**A resident who lived in Stoneridge Court
**Hope Brecto
**Alice Blackerby
**Bruce Wyman
**John Weil
**Greta Wren
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The following citizens spoke in opposition and/or made the following comments/recommendations regarding
this agenda item for the following reasons in order or presentation.
The two story buildings were not in line with the “2009 Swaback Plan”, questioned the letter of support from Swaback
since this plan did not meet their design accommodating high end restaurants and a village square built as a prominent
park and 2nd story offices, lacked compliance with the 2009 “Vision Plan” called for two not four story buildings,
opposed two story buildings on one side and four story on the other side; traffic study had not been finalized, requested
Council postpone action until the report was available for review, project could increase traffic, congestion, noise
along with possibly impede emergency vehicle access and interfere with fair traffic; Town not reflective of a big city
and its buildings were not located close to roads, needed an impact study for review; height of buildings would remove
views from one of the Town’s major venue; Town currently had empty stores that residents could barely support, 80
home rentals available, who was going to live in 400 one-bedroom apartments, believed renters would not be young
people due to lack of industry, contemporary style of the buildings that did not fit in, could see Developer going
bankrupt and downtown full of empty units; questioned the 61% increase in density, opposed the increase from 250 to
400 units; not opposed to development in Fountain Hills except that the Town was giving eleven of the seventeen
concessions to the Developer, new buildings would tower over the “American Grill”, Council previously approved a
project that allowed for an increase in density from 12 units to 28 units and this project requested more, blocked views
from residential and commercial properties, would bury the Avenue of the Fountains in a cavern, suggested Council
approve project with no more than the current 40’ height, no more than three stories and specifically state how tall a
three story building should be due to this being a loop hole that needed closed; did not understand why 45 units was
needed to be viable, concerned with the height and moving towards three stories instead of two, she paid extra for
condo because of the view and this project may take her views and affect her property value, agreed town needed
development but this project caused an imbalance to other buildings; asked Council to table project for at least a month
and research the line of site due to the 54’ height of the buildings, should not look like Scottsdale or Manhattan,
wanted the beautiful view; Town zoning codes did not include four story buildings, 2009 Swaback Plan had a
southwest lifestyle and two story buildings, during Planning and Zoning Commission meeting the Shea team was
asked why they were not talking about height along with density and their response was they were only talking about
density and height was unrelated, without the height they could not have the density, Shea was making their own rules,
buildings 15 feet above normal standard, need to stand by current codes, Developer was developing through sheer
greed, density would be four times more than standards, needed a traffic and parking study, Shea was suing the Town
and Planning and Zoning Chairman due to perceived interference, Town needed a proposed referendum vote by
residents and property owners since this project was dramatically different than planned, questioned the low rental and
the possibility of Section 8 property in the center of town, young people and families were only going to move to
Fountain Hills for good paying jobs and a good educational system, rentals were going to be rented by snowbirds
because people live in Fountain Hills because of the community as it was today, most important piece of land available
in Fountain Hills and asked Council not to be intimidated into a bad decision; when he built on the Avenue was told
codes stated no higher than 27 feet due to parking and views, Town should not approve any higher than 40 feet, Town
needed a swimming pool to attract young people because the Town was too boring and people moved away, if project
as proposed his business would be looking at a wall, would like the look of a project more Santa Fe style along with a
four screen theater, Developer knew of height requirements when he purchased the property and requirements should
not change; supported N-Shea but was concerned in the Fountain Hill’s vacancy rate of 21.34%, project on the lake
remained empty and wondered if the Developer researched whether or not this project would succeed, Developer did
not present a report of the surround buildings, could this be a copy of the Morningstar Senior living because that would
not be good, how would the density of the apartments affect the Town’s traffic pattern, Town needed a traffic report
since there were only two ways in and out of town, how many two and three bedroom apartments were proposed that
would bring in young families and not just fixed income winter visitors, questioned the sidewalk set-backs, Glendale
project was only a dream for N-Shea due to their 5% vacancy rate unlike Fountain Hills 21%; interested in analysis
related to proposed project; requested Council look at the appearance of the buildings, would rather see vacant lots at
the end of Avenue of the Fountains than the concept of these building designs, need to show that Council cared about
the appearance of the town, also disagreed on the 54 feet elevation, supported the need for one-bedroom apartments for
younger people, questioned if the Town had a right to block views from the buildings currently located on the Avenue,
take a look at Santa Fe with their value and define the mountains around town; strongly against the density, height and
the change in traffic on the Avenue, against esthetics, urged Council to reject because the plan did not fit in Fountain
Hills and would have a negative impact on the character of the community, nothing could be done after this project
was built, right decision should be made for the good of the community; project could change the look and feel of the
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Town, experience living in a community that changed to a tourist and week-end community and found taxes increased
50% in a short time, the Town needed jobs but the jobs allowed in this project would not fund workers to live in
Fountain Hills, need high paying jobs in a plan, 400 more units would create a gap with years needed to fill the rentals,
rentals could become condos and would impact the property owners in the community, Town needed an identity
different from neighboring communities along with creating jobs and activities that would encourage people to come
and live here; good arguments for and against, not a good fit, but did not know what a good fit would be, dry dirt was
not acceptable, Town needed a population study since 400 units were being proposed, he would accept Council’s
decision because he loved Fountain Hills, did not like the look of “artsy”, encouraged Council to make the right
decision, needed to create an identity; the town did not need 400 apartments and four stories were too high; concerned
for the infrastructure of the community, small grocery stores and how they would be affected adding 400 more
apartments in the middle of the community and the overall feel of the Town, concerned about traffic i ssues with
additional drivers, views in their community would be totally blocked.
Bob Wilson
David Bickler
Mitch Friend
Anthony Esposito
David Adler
Ted Blank
Vickie Simone
Geoff Ripps
Lee Miller
Jerry Kirkendoll
Jeanne Mayeux
Candace Pepin
Cathy Buge
Barbara Sudderth
Tina Gleisner
Bill Varanese
Diana Cogar
Dee Lange
The following citizens spoke in support of this agenda item for the following reasons and/or made the following
comments/recommendation in the order of presentation:
Potential real estate buyers questioned vacant lots along with the lack of interest in busi nesses moving to town,
acknowledged the time and effort Bart Shea worked on the project, Fountain Hills needed to grow or die as a town,
apartments were hard to find for less than $800.00 per month; businesses needed people to survive and this project
worked in a downtown district, knew of friends businesses that closed or moved away; Swaback Plan was not done in
an economic way, economics dictated this being built at this time or a downtown project would never happen due to
the Developer’s risks; Town needed more resources; this project could officer modest rent for young people to move to
Fountain Hills along with more tax revenue, would help the declining school district, if not built the lots would stay
vacant and ugly; Town was not known as progressive but could be on right track, young people cannot afford to live in
Fountain Hills at this time, children would have a place to shop and meet and the project would create more jobs, bring
in children and additional tax dollars with this affordable housing project; Thanked the Developer for their time and
investment, wanted to keep the Town alive and support the local businesses, Town’s businesses employees could move
to town and not have to drive a great distance to work with more housing opportunities, more available shopping and
dining opportunities and activities and this project would allow that to happen, wanted the downtown to take shape
with retail on the Avenue with residential above; Park Place plan accounted for a sustainable development to support
retail businesses that need year-around residents to live near downtown, buildings were higher due to the slope of the
land, Town needed to be more flexible within the downtown zones, Swaback stated this project was right for the
Town’s vision, the Town had a builder that supported the project, lived and loved Fountain Hills and was an honest
and generous person, would build a development the Town would be proud of, give life to the downtown more than
nine months of the year, never be a perfect project for the downtown; wanted to support N-Shea’s development;
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involved in the Town’s Strategic Plan and retail attracted retail, would generate property taxes, increase the capacity to
sell bonds to support infrastructure, increase the town’s declining population, retail supporting jobs, more employees
living and working in town with affordable housing, eliminate dust on the lots, six attempts to develop this property, a
feasible plan, show Developer’s the Town would work to improve the two-square miles of State Trust Land;
tremendous opportunity for the community, a lender would not support this project unless there were a lot of
background research made to make the finances work, Sanitary District upgrades completed by Developer would
benefit the Town’s continued growth in downtown, no issue with traffic counts because Saguaro Boulevard was built
to handle the traffic; “Vision of Fountain Hills” supported the project, more people wanted to occupy this type of
housing do to moving or retirement and wanted to downsize in their homes, living with an elevator and access to
downtown, recent research showed only seven homes for rent in Fountain Hills under $1,100 per month and overall
very few rentals available, young people would not be able to move here and afford $500,000 homes, the Town
needed people living downtown and supporting the businesses, pointed out there were a lot of homes in Fountain Hills
that blocked views.
Kelly Smith
Charlie LaMar
Roger Riggott
Tyler Bode
Amberleigh Dabrowski
Jay Schlum
Todd Brecto
Phillip Blackerby
Art Tolis
Dori Wittrig
One speaker was not available to speak and did not express her opinion on their card.
Susan Dempster
Ms. Bender stated that two speakers had also requested to address item number 15 separately on the agenda. Mayor
Kavanagh requested all speakers be heard at this time regarding all aspects of the project. The following comments
were offered by Bob Wilson and Ted Blank regarding the project: The proposed plan not in-line with the Swaback
Plan with two story buildings recommended; questioned Swaback’s support of the project and their recommendation
that the Avenue accommodate high end restaurants and a village square with two-story offices; 2009 Vision Plan also
called for two stories not four on the Avenue; did not support two story buildings on one site and four on the other
side; no traffic study available for citizens review; increased traffic, congestio n, noise and possibly impeding
emergency vehicle access and interfering with fair traffic.
Mayor Kavanagh acknowledged the residents who had sent emails to Council that they had been read and considered;
she thanked everyone for their input.
Mayor Kavanagh closed the Public Hearing at 8:35 p.m.
Mayor Kavanagh called for a 10 minute recess at 8:35 p.m. and reconvened the meeting at 8:47 p.m.
Mayor Kavanagh stated that one more speaker card had been submitted and Town Clerk Bender noted that the citizen
did not wish to speak but wanted Council to know they were in favor of the project.
Mayor Kavanagh thanked everyone who spoke whether they were for or against the project or in the middle and
thanked all of them for taking their time to attend the meeting along with those who emailed Council.
AGENDA ITEM #14 – CONSIDERATION OF RESOLUTION 2016-12, A MINOR GENERAL PLAN
AMENDMENT RELATED TO THE PROPOSED “PARK PLACE” MIXED-USE DEVELOPMENT
PROPOSAL TO BE LOCATED AT 16725 & 16845 E. AVENUE OF THE FOUNTAINS. IF APPROVED,
THE AMENDMENT WOULD INCREASE THE MAXIMUM RESIDENTIAL DENSITY IN A MIXED-USE
PROJECT IN THE DOWNTOWN AREA FROM 28 DWELLING UNITS PER ACRE TO 45 DWELLING
UNITS PER ACRE. (CASE # GPA2016-01).
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Mayor Kavanagh asked the Council for a motion.
Councilmember Yates MOVED to accept Resolution 2016-12 as presented and Councilmember Dennis Brown
SECONDED.
Mayor Kavanagh asked for Council if there was further discussion.
Vice Mayor Leger stated it was fair to say there were diverse opinions on this project and he appreciated the civility of
the discussions from residents and noted everyone concurred wanting a development downtown and it to be mixed-
use. However, he offered the opinion that the biggest hurdle appeared to be the height of the buildings due to the
proposed increase in density to 45 units. Vice Mayor Leger pointed out that he was sensitive to residents who had
purchased property with the understanding that certain height and density specifications were in place on adjacent
commercial property and how many people where opposed to the density but not the project. He also expressed that
flexibility in height and density was critical to accomplish the goal as well as meeting the intention of the D eveloper.
Vice Mayor Leger stated the challenge was to bridge the gap between the opposing points of views within the
community on density along with being flexible. Vice Mayor Leger proposed an amendment.
Vice Mayor Leger moved to AMEND the motion to increase the density from 45 units per acre to 35 units per acre
and Councilmember Hansen SECONDED the amendment.
Mayor Kavanagh asked if there was Council discussion on the amendment.
Councilmember Yates expressed that compromising would affect the int egrity of the project since the project was
determined by the capitalization rate and he explained that how much money could be generated to support the debt of
the project was necessary relative to the market and lowing the density could not be done due to finances of the
project.
Councilmember Dennis Brown complimented the speakers and stated his appreciation for them giving Council some
direction; he noted the time he had personally worked on this project that involved one-year and on a daily bases.
Councilmember Brown initially thought on his first review that the buildings were too high and would not fit in
downtown due to the increased density, but after closer inspection cutting the density and height on this project would
not allow the project to be built. He acknowledged that the Developer had the proper funding and only requested the
Town to compromise. Councilmember Brown stated the opinion that it was okay that the buildings were somewhat
tall allowing the density to increase and he added that no project would be built if not this one.
Vice Mayor Leger acknowledged there were opposing views and that his fiduciary responsibility was to the residents
and business community. He expressed his amendment was not a compromise but the views of residents along with
his knowledge that flexibility was needed. Vice Mayor Leger expressed he had respect for the N -Shea Group as they
were Developers.
Councilmember Hansen acknowledged that opinions were almost even along with some that supported both sides and
expressed her support in the reduction of density to address everyone. She pointed out some concerns not addressed
and some unintended consequences involving increased future developments costs that were currently in the planning
stage. Councilmember Hansen mentioned how this project could impact the sewer system with its higher density and
the proposed one reserved parking space per unit and the affect parking would have on three bedroom units. She
stated that the Swaback Plan noted that parking was important for the residents and businesses in the area and their
marketability. She also expressed that Swaback supported the plan based on a letter received last June so she
contacted Swaback and spoke to Jeff Denzak to expand on his letter. Mr. Denzak informed her that in concept
Swaback supported the mixed components, but without seeing the plan Swaback could not support the consistency of
the plan. Councilmember Hansen said she had sent the proposed documents and wanted it known that Swaback only
supported the concept of this proposed plan. Councilmember Hansen also pointed out that no restaurants were
included in the plan and that Mr. Denzak told her boutiques were drivers for other retail. She also stated that elevators
in the proposed building were important due to seniors renting and that she wanted more global information on the
impact to the community.
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Councilmember Magazine thanked everyone for their input and did not want to question any motives of
Councilmembers with their vote and added he did not feel this project was in the best interest of the community.
Councilmember Magazine referenced the 2009 Strategic Plan and its “Vision” and felt this project did not meet the
objectives and he also questioned if younger families would move to Fountain Hills to reside in this project, but
offered it was most likely that it would be winter visitors that would be living there part time and impacting the
Town’s tax base. He also mentioned that the Town faced at least a $5.9M deficient through 2021 and no amount of
development would help the Town’s financial situation. Councilmember Magazine expressed the need fo r a primary
property tax. Councilmember Magazine also felt the project issues involved the four stories proposed that would
dwarf the surrounding buildings and block views for residents and businesses. He also had Interim Development
Services Director Robert Rodgers open a slide on his PowerPoint presentation to reference and explain the significant
shortage of parking spaces where the Development Agreement allowed for a 20% reduction in commercial and
residential and noted that only a preliminary parking plan was given to Council to consider and for their approval. He
also pointed out the impact on parking when the winter visitors returned or during the Town weekly market or the
Great Fairs. He questioned the “Art Deco” design of the buildings in his op inion were out of character from the
surrounding buildings. Councilmember Magazine expressed that this project would not enhance, be harmonies or
progressive for the Town and was not the answer as proposed.
Mayor Kavanagh asked the N-Shea Group if they would like to respond to any the comments made by
Councilmembers. Bart Shea pointed out there were 35 units per acre, within nine acres and mentioned that their 3-year
marketing analysis found to sustain the amount of commercial the Town required was driven by both height and
density of the project for its sustainability. Mr. Shea explained it was essential to rent this project to full-time residents
and students and explained there were three elevators in every building. Mr. Shea addressed the parking issue
discussed and in a draft of full parking calculations and the 968 spaces required by the Town’s ordinance, this project
had 965 parking spaces along with restaurant parking in the commercial area and included a boutique space of 3,000
square feet that could be a deli. He added that residential parking was located behind and on a podium for visitors and
residents and was allowed in the development agreement with open parking on the Avenue. Mr. Shea mentioned that
it would be more accessible for residents to park on the building level located close to their apartment and then take the
elevator to their floor. Mr. Shea pointed out that most of the issues in question had already been mitigated and that a
traffic analysis had been completed for over a year. He explained that the plan was considered a draft was due to N-
Shea receiving some redlines from staff and then agreeing to bring in a third party to review the analysis to make sure
N-Shea was accurate or with minimal changes. Mr. Shea addressed the sewer issue and explained it was going to be
very expensive and had been thought out with enough capacity with some design change.
Mayor Kavanagh asked for any questions of the applicant.
Vice Mayor Leger stated he appreciated Mr. Shea’s efforts and added his position was to make the project work for all
parties and palatable with respect to the height and he understood Mr. Shea’s financial challenges. Vice Mayor Leger
questioned the six-year length of the project. Bart Shea answered that in a development agreement this was a standard
operation function since the first two phases of the project would involve buildings “C” & “D” containing 230 units for
rent along with 34,000 feet of commercial and added the next phase building E would maybe a “For Sale” project and
he did not want to compete with the other buildings. Mr. Shea stated it would take 13 to 14 months to build and th en
another 13 to 14 months to completely fill out the residential and commercial. He explained that the market would
dictate the start of the third building and six years was a compromise to keep moving the project along financially.
Vice Mayor Leger thanked Mr. Shea for this explanation and wondered what would happen if Phase I was completed
and the market showed it was against building Phase 2 and Phase 3. Mr. Shea answered he would have to adjust at
that point on the “For Rent” project and go to a “For Sale” product.
Vice Mayor Leger asked about building “C” and if there would be a lot of three bedroom apartments. Bart Shea
explained that three bedrooms was a loss leader and due to the distinct market in Fountain Hills there would be 10% of
three bedrooms, 30% one bedroom with the others two bedroom with five different floor plans. Vice Mayor Leger
questioned the development agreement that allowed one parking space per unit where two and three bedrooms were
located and wondered if there would be a problem with additional vehicles. Mr. Shea explained that there were 960
spaces for 400 units and double retail parking that calculated at least 2.5 spaces per unit. Vice Mayor Leger thanked
Mr. Shea for his time.
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Councilmember Magazine asked about the 960 parking spaces for 400 units and wondered how many unit dedicated
spaces there were. Mr. Shea answered that in Phases 2 and 3 there were no calculations at this time , but in Phase 1
there would be 650 to 690 with each unit dedicated one stall and one guest stall per unit. Councilmember Magazine
asked where the guest stall would be located. Mr. Shea answered throughout the site and explained the dedicated
parking space would be a covered stall.
Councilmember DePorter felt that N-Shea was creating a “Main Street” with a sense of place and a walkabout that
excited him. Councilmember DePorter added that the school district would flourish and since the school district was
the largest employer in Fountain Hill, this project would be a pipeline for the student population. He added this would
create more development opportunities in Town and would make a positive impact on existing businesses with
opportunities such as boutique shops to be located on the main street and not in remote locations as they were today.
Councilmember DePorter addressed the character of the proposed buildings and noted that on the north side of the
Avenue the buildings were different in design and did not match and this project would then set a tone on the other
side of the street. Councilmember DePorter suggested that the owner of the “American Grill” create condos on top of
their building since that space had been vacant since Broker Alliance moved. He added that Broker Alliance had
expressed in a survey the reason Fountain Hills lost people was due to corporate housing and the lack of viable retail
and the Greater Phoenix Economic Council (GPEC) had expressed that “millennials” moved was because they wanted
urban living, walkabout downtown and activities to do and pointed out that Park Place met those requirements with his
full support.
Councilmember Magazine questioned a statement by Mr. Shea when he said there would be 968 parking spaces and
asked Interim Development Services Director Robert Rodgers if that number coincided wi th his information. Mr.
Rodgers answered that staff only had the concept plan for Phase 1 and mentioned the Town’s Ordinance required a
few over 1,000 parking spaces.
Mayor Kavanagh said in an effort not to repeat everything said previously, she added she was in favor of the project.
Mayor Kavanagh explained that many of her questions were answered since she was privileged to attend the meetings
involving the project. She expressed that one of the priorities was schools and she had heard from School
Superintendent Dr. Sweeny that he was in favor of the project who had expressed the opinion that the project would
increase enrollment in the schools.
Mayor Kavanagh mentioned the Four-Peaks condos located across from Safeway. She commented that Four Peaks
stopped renting their units and sold them as condos the Town’s school district lost 200 students since a lot of the
families could not afford to purchase a condo and that over one-half of the Four Peaks condos were owned by winter
visitors and in Town for short periods of time, otherwise the units were left empty. Mayor Kavanagh pointed out that
the Park Place apartments would work for people that wanted to live in Fountain Hill’s year around and those with jobs
in town. She explained that Brokers Alliance had stated that in Fountain Hills there were jobs available but they were
unable to fill them because the Town’s housing was too expensive. Some businesses in Fountain Hills had purchased
condos for their employees so they could afford to work and live in Town. Mayor Kavanagh also believed this project
would bring young people to Town along with attracting Tech Companies and she mentioned residents that liked to
ride their bicycles without using their vehicles to visit downtown and use the medium t o attend events that the Town
offered. She also added that with the additional population would bring in other venues. She expressed that the
business community had spoken loudly through the Chamber of Commerce, Former Mayor Jay Schlum, and other
prominent business people in Town who hoped to create a business in Town and possibly expand, but she expressed
with the current population this would not happen.
Mayor Kavanagh stated that the Town’s population was approximately 24,000 and four to five thousa nd who were
winter visitors and she added there was a need for permanent residents who were dedicated, willing to volunteer and be
a part of the community. She added that the businesses in Town was the life-line since sales tax paid for almost all the
Town’s expenses and she wanted the community to support them. Mayor Kavanagh mentioned all the time people
spent on this project along with the expertise in development from Councilmember Yates and Councilmember Brown.
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Mayor Kavanagh requested a roll call vote on the amendment reducing the density from 45 to 35 units per acre.
Councilmember Hansen Aye
Vice Mayor Leger Aye
Councilmember Yates Nay
Councilmember Magazine Aye
Councilmember Brown Nay
Councilmember DePorter Nay
Mayor Kavanagh Nay
The amendment FAILED (3 - 4).
Mayor Kavanagh requested a roll call vote on the original motion.
Councilmember Yates Aye
Councilmember DePorter Aye
Councilmember Hansen Nay
Councilmember Brown Aye
Councilmember Magazine Nay
Vice Mayor Leger Nay
Mayor Kavanagh Aye
The motion was APPROVED on a 4-3 vote.
AGENDA ITEM #15 – CONSIDERATION OF RESOLUTION 2016-13, A DEVELOPMENT AGREEMENT
RELATED TO THE PROPOSED “PARK PLACE” MIXED-USE DEVELOPMENT PROPOSAL TO BE
LOCATED AT 16725 & 16845 E. AVENUE OF THE FOUNTAINS. CASE # DA2016-01
Mayor Kavanagh asked for Council discussion or comments.
Councilmember Yates stated that the average priced single-family home in Fountain Hills was upwards of $500,000
and the average price of both single-family and condos was $397,000 and expressed that this project would bring in a
new product with less rent. Councilmember Yates continued that an “Urban Village” involved a dense housing, mixed
use with smaller retail spaces and the height of a mid-rise and he explained that he had requested an expert’s advice
Paul Winslow who designed the Town’s middle school building and stated he valued his opinion on the Park Place
project. Mr. Winslow had given his approval and stated that this project would change the face of downtown in a good
way, by meeting every criteria and he agreed on the street parking. Councilmember Yates added that the next area
Council would be looking at was Plat 208’s open lots to hopefully bring in small business opportunities.
Councilmember Yates mentioned he had attended the “International Council of Shopping Centers” conference in Las
Vegas recently and learned that restaurant sales had surpassed grocery store sales and this could create an opportunity
for small business to expand into the foods sales along with their small stores. He also learned that researched show ed
even though millenniums were shopping on-line they were still shopping the “brick and mortar” shops with a sense of
place and social gathering and stressed this project could bring in 600 additional people into Fountain Hills to shop.
Mayor Kavanagh requested a motion on this item.
Councilmember Brown MOVED to approve Resolution 2016-13, a development agreement related to the proposed
Park Place mixed-use project development proposed to be located at 16725 & 16845 E. Avenue of the Fountains with
three stipulations to the referenced version # 22 in the Council packet.
3.3.B – Delete
3.3.D – Delete
Add to 5.5 the language “except for building “F” as shown on the Land Use Plan, which shall be limited to not
more than three stories” and add language “not to exceed 40”.
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Councilmember Yates SECONDED the motion.
Town Attorney McGuire requested that Councilmember Brown verify that the stipulations were to be:
Delete 5.3.D
Delete 4.3.D
Amend 5.5 to add “except for building “F” as shown on the Land Use Plan, which shall be limited to not more
than three stories” and add language “not to exceed 40”
Councilmember Brown concurred that the stipulations as stated by Mr. McGuire were correct.
Vice Mayor Leger MOVED to amend the motion changing item 5.5 from 54 feet to “Not to exceed 48 feet and
Councilmember Hansen SECONDED the amendment.
Councilmember Yates pointed out “compromise” and explained that to rent an apartment with less than 1,000 square
feet would reduce the height and make the apartments harder to rent and would also compromise the integrity of the
project.
Vice Mayor Leger did not believe it was a compromise and explained that his amendment addressed the Town’s
Ordinances by allowing for an additional eight feet.
Mayor Kavanagh asked for a roll call vote on the amendment.
Councilmember Hansen Aye
Vice Mayor Leger Aye
Councilmember Yates Nay
Councilmember Magazine Aye
Councilmember Brown Nay
Councilmember DePorter Nay
Mayor Kavanagh Nay
The amendment FAILED on a 3-4 vote.
Mayor Kavanagh asked for a vote on the original motion that included Councilmember Brown’s three stipulations.
Councilmember Magazine requested the stipulations be repeated by Councilmember Dennis Brown and to vote
“seriatim” because voting on all three at once could create a conflict. Mayor Kavanagh stated she believed that all the
stipulations would be voted on together. Councilmember Brown reiterated the stipulations as verified earlier by Town
Attorney McGuire. Town Attorney McGuire clarified that the motion was to approve all the stipulations included and
would be voted on as a whole. Mr. McGuire stated that Councilmember Brown could withdraw his amendments and
then Council could vote on the stipulations individually.
Mayor Kavanagh asked Councilmember Brown if he wished the motion to be voted on as a whole and Councilmember
Brown answered that he wanted the vote on the motion as a whole package.
Mayor Kavanagh asked for a roll call vote on the motion.
Councilmember Yates Aye
Councilmember DePorter Aye
Councilmember Hansen Nay
Councilmember Brown Aye
Councilmember Magazine Nay
Mayor Kavanagh Aye
The motion was APPROVED on a 4 – 3 vote.
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AGENDA ITEM #16 – CONSIDERATION OF APPROVING THE FINAL REPLAT OF 16845 E.
AVENUEOF THE FOUNTAINS, AKA PLAT 208, BLOCK 7, LOT 5 (APN 176-25-561) INTO THREE LOTS
LABELED LOT 5A, LOT 5B AND LOT 5C. CASE # S2016-09
Mayor Kavanagh stated that if there was no further Council discussion she would request a motion.
Vice Mayor Leger MOVED to approve the final re-plat as presented and Councilmember Yates SECONDED the
motion.
Councilmember Yates Aye
Councilmember DePorter Aye
Councilmember Brown Aye
Vice Mayor Leger Aye
Councilmember Magazine Aye
Councilmember Hansen Aye
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #17 – CONSIDERATION OF APPROVING THE FINAL REPLAT OF 16725 E. AVENUE
OF THE FOUNTAINS, AKA PLAT 208, BLOCK 2, LOT 1 (APN 176-27-097) INTO TWO LOTS LABELED
LOT 1A AND LOT 1B. CASE # S2016-10.
Mayor Kavanagh stated that if there was no further Council discussion she would request a motion.
Vice Mayor Leger MOVED to approve the final re-plat as presented and Councilmember Yates SECONDED the
motion.
Mayor Kavanagh requested a roll call vote.
Councilmember DePorter Aye
Councilmember Brown Aye
Councilmember Yates Aye
Councilmember Hansen Aye
Councilmember Magazine Aye
Vice Mayor Leger Aye
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #18 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER
Mayor Kavanagh asked Council if there were any requests.
Councilmember Magazine stated he met with the Town Manager Miller and Town’s Finance Director, Craig
Rudolphy, to request that the Council and staff look at a five-year financial forecast based upon straight lining of
known and made assumptions such as contracts.
AGENDA ITEM #19 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER.
Mayor Kavanagh wished everyone a great summer and to watch children around water.
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AGENDA ITEM #20 - ADJOURNMENT
Councilmember Yates MOVED to adjourn the meeting and Councilmember DePorter SECONDED the motion,
which CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 9:59 p.m.
TOWN OF FOUNTAIN HILLS
By ___________________________________
Linda M. Kavanagh, Mayor
ATTEST AND
PREPARED BY:
___________________________
Bevelyn J. Bender, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive Session, held in
the Fountain Conference Room – 2nd Floor and Regular Session held by the Town Council of Fountain Hills in the
Town Hall Council Chambers on the 16th day of June, 2016. I further certify that the meeting was duly called and that
a quorum was present.
DATED this 18th day of August, 2016.
_____________________________
Bevelyn J. Bender, Town Clerk