Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAbout2016.0901.TCRSM.Minutesz:\council packets\2016\r160915\160901m.docx Page 1 of 15
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 1, 2016
* CALL TO ORDER AND ROLL CALL
Mayor Kavanagh called the Special Session to order at 5:02 p.m. in the Fountain Hills Council Chambers.
Present for the roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice
Mayor Nick DePorter, Councilmember Henry Leger, and Councilmember Cecil Yates. Town Manager
Grady E. Miller, Town Attorney Andrew McGuire, and Town Clerk Bevelyn Bender were also present.
Councilmember Alan Magazine, Councilmember Cassie Hansen and Councilmember Dennis Brown were
absent.
AGENDA ITEM #1 – DISCUSSION WITH DIRECTION TO STAFF REGARDING THE
FOUNTAIN LAKE WATER QUALITY.
Grady Miller stated that the Town had recently experienced on-going odor issues primarily due to build
up of algae in the lake and noted that various consultants would speak to Council on their findings and
proposed recommendations, addressing the water odor and water quality. Mr. Miller explained that the
water entering the lake was a reservoir for the Fountain Hills Sanitary District used to irrigate park
vegetation. Mr. Miller introduced Community Services Director Mark Mayer who reported that the Town
had experienced odor issues in years past, but with the application of either coy fish, additional fountain
running time late at night, or applying algaecide the problem had been resolved. Mr. Mayer explained
that this year along with the implementation of five different types of water treatments there were
continued odor issues. Mr. Mayer stated the Town brought in experts to evaluate the lake and was
requesting direction from Council. He pointed out that money was allocated in this fiscal year’s budget
for an aeration system. He also mentioned that other upgrades recommended may have to be completed
in phases due to their costs. Mr. Mayer stated that the consultants were experts in their field and
acknowledged those present were Dr. Rick Alalfi, owner of Aquatics Consulting, Incorporated, who
previously consulted with the Town in an analysis of their water quality. Mr. Mayer also introduced
Gaylon Coates, owner of Coates Irrigation, who designed the current irrigation system in the park; Patrick
Kelly, a professional Engineer with Quantum Integration Solutions, who also contracted with the
Fountain Hills Sanitary District; and Kevin Baker, Senior Electrical Engineer with Keller Electric, the
original designer and installer of the fountains electrical controls currently in use. Mr. Mayer remarked
that he and Mr. Miller agreed the aeration system project needed to be started under this fiscal year so to
expedite relief from the odor problem and explained the budget had an excess of $200,000 allocated and
the estimated cost received for the aeration system was $205,000; $25,000 for design and $180,000 for
construction with some additional costs to be explained further in the presentation.
Dr. Rick Alalfi stated he would address the aeration system and its impact on lake conditions along and
discussed information contained in a PowerPoint presentation (available on-line and in the office of the
Town Clerk).
Councilmember Yates asked if the slides describing the algae growth in Mr. Alalfi’s PowerPoint
presentation were taken of the Fountain Hills system and Dr. Alalfi answered that his slide pictures were
only examples and not of the Fountain Hills system. Dr. Alalfi explained the benefits of water delivered
directly from the Sanitary District versus direct reuse from the lake for park irrigation and for the Town’s
golf courses.
z:\council packets\2016\r160915\160901m.docx Page 2 of 15
Mayor Kavanagh asked how much better was the AWT system compared to other waste water systems
that had been installed. Dr. Alalfi answered that the AWT system was superior over most other systems
that used a lake system accumulating less salt, less calcium and proved to be overall good reclaimed
water, but he stated that the water still contained significant amounts of algae and aquatic plant nutrients
and had not lowered phosphorus and nitrogen to an acceptable level.
Dr. Alalfi noted the impact of direct reuse of water would have on lake water quality and would involve
an increased possibility of water stagnation, increase of nutrients (nitrogen and phosphorus) and the
minerals may increase as evaporation losses outweigh withdrawal losses, along with the accumulation of
organic sludge on the lake bottom that would accelerate and cause odor formation.
Dr. Alalfi explained that the number one mitigation measure would involve mechanical aeration,
circulation and possible oxygenation along with adding algaecides more frequently, with flocculants (if
cost effective) and oxidizers, which did not hurt fish, but would kill algae and eliminate odors very
quickly. He added another solution would be to use lake dyes slowing photosynthesis and algae growth
and maintain the “utility fish” population to promote seed and insect management.
Dr. Alalfi addressed the mechanical aeration circulation bottom diffusers that would move the water in a
vertical and horizontal pattern, allowing the fountain to run during the day instead of the night for a power
cost savings.
Mayor Kavanagh inquired how many diffusers were recommended for Fountain Lake. Dr. Alalfi
answered approximately 24 with 10 horizontal diffusers with some diffusers moved around to areas where
odor accumulated. Mayor Kavanagh asked if the diffusers would all run at the same time and Dr. Alalfi
stated the diffusers would run continuously and explained that after one-year they may be maintained
with a replacement kit available costing $100-$200. He also mentioned that another option would be a
larger blower unit, which may be more cost effective.
Dr. Alalfi presented the benefits of a mechanical circulation aeration system that would move the water
around the lake, remove odors and would keep the water in the lake at the same temperature preventing
service blooms of algae, and reduce cases of fish skills, which the fountain has never seen, but would be a
preventive system to eliminate odors. Dr. Alalfi expressed that these steps would help “better” water
going to the golf courses, which are the biggest users and the lake would overall be better.
Councilmember Yates requested Dr. Alalfi to quantify “better” in more detail. Dr. Alalfi answered that
the lake would never be so clear that you could see the fish swimming around because it was reclaimed
water, but if he could clarify the water to approximately three feet, stop the algae from producing on the
surface and completely eliminate the odor along with utility fish surviving, those would be realistic goals.
Mayor Kavanagh asked since the lake was not aerating could that breed mosquitoes and Dr. Alalfi stated
that would be highly unlikely since mosquitoes liked shallow water with sloped areas and the fish would
also eliminate any mosquitoes.
Councilmember Leger thanked Dr. Alalfi for his presentation and asked if the main culprit were the
phosphates and nitrogen and Dr. Alalfi agreed. Councilmember Leger asked which one would the
aeration eliminate and Dr. Alalfi answered that the aeration would prevent any phosphates caused by lack
of oxygen and would be handled by the vertical circulation and keep the phosphates in place.
Councilmember Leger asked how the nitrogen issue would be addressed and Dr. Alalfi stated that
nitrogen was almost impossible to remove, so the main focus would be the phosphates, which could be
managed.
z:\council packets\2016\r160915\160901m.docx Page 3 of 15
Vice Mayor DePorter asked if the Town could afford fresh water, would the lake have the same issues.
Dr. Alalfi answered that the lake would have the same issues, but at a lesser degree and he added
changing to fresh would be a longer process. Vice Mayor DePorter then asked if the lake could be used
for recreation purposes, an example was Tempe Town Lake that allowed boating and fishing. Dr. Alalfi
answered that the State authorities would have issues since the lake was reclaimed water. Vice Mayor
DePorter wanted to suggest researching another kind of water source since the lake was a huge attraction
for the Town, but expressed it probably would be expensive.
Councilmember Yates thanked Dr. Alalfi for the information and asked if he recommended a particular
type of diffuser and Dr. Alalfi reiterated 24 diffusers and 10 horizontal were recommended with possible
repositioning.
Councilmember Leger asked Mr. Mayer how many aerators were in the lake currently and were they in
working condition. Mr. Mayer reported there were 12 aerators and some of the aerators had been repaired
due to damage and were very expensive to repair. Mr. Mayer added that the system was in good repair at
this time, but the compressors were old and the current system would not allow more capacity.
Councilmember Leger asked with the new system would the Town be repairing the existing parts or
replacing and Mr. Mayer answered replacing. Councilmember Leger asked Mr. Mayer to confirm the
proposed upgrade was within budget and had been listed in the Town’s Capital Project’s for
approximately the last four years and Mr. Mayer agreed with his statement.
Councilmember Yates stated the Town had previously received reclaimed water from the Sanitary
District, but now the District was by-passing the Town’s lake and he questioned why the process had
changed. Mr. Mayer answered he did not have an answer and he understood the Town was not involved
in the decision, but had been made aware of the change by the Sanitary District.
Gaylon Coates, Coates Irrigation, stated that he was involved in the Town’s previous park irrigation
system and pump station renovation six years ago and was familiar with the Town’s lake condition. Mr.
Coates reviewed the information on his PowerPoint presentation (available on-line or in the office of the
Town Clerk) and stated his company was asked to look at alternatives to separate the lake water irrigation
system. He noted his report had been revised due to the quantity of water needed for the park turf
irrigation, which he was informed increased from 300,000+ gallons per day to over 600,000 gallons per
day of housed water.
Mr. Coates explained that alternatives included a steel storage tank above ground, a vault enclosure
underground and ground tanks underground that would hold 800,000 gallons of water involving 16 tanks
holding 50,000 gallons each. Mr. Coates addressed the pump bay and recommended the existing pump
station be left in its current location.
Mayor Kavanagh mentioned Mr. Coates’ report did not recommend above ground facility and Mr. Coates
expressed that he may have miss quoted the information and that he did recommend the above ground
tank and added it was the dam they did not recommend due to the lack of storage capacity.
Councilmember Yates asked what the annual maintenance costs would be on each of the three suggested
storage units over and above the installation costs. Mr. Coates answered that the costs would be similar
on all three alternatives in maintenance and operation costs. Councilmember Yates requested the
project’s average cost and Mr. Coates responded he did not have a calculated cost, but the cost would be
the same as maintaining what the Town currently had at around $20,000 per year.
Councilmember Leger asked if the aeration system and water quality was to enhance the grounds to a
pristine level and Mr. Mayer agreed and added along with maintaining the irrigation system.
Councilmember Leger asked if consideration had been made to aerating the turf and Mr. Coates stated
z:\council packets\2016\r160915\160901m.docx Page 4 of 15
aerating the turf should be completed two to three times each year. Mr. Mayer confirmed this process had
been completed annually along with the preferred method of plugging the turf to aerate.
Mr. Miller asked since the water would be cleaner and less water used for turf irrigation, would it be
possible to require less storage of water. Mr. Coates remarked yes in theory and explained that under
sizing the bridge tank could become a problem since all the water from the tank could not be removed
completely each day and then considering a refill time of approximately 11 hours would not give an
added buffer factor if the plant did not deliver. Mr. Miller questioned what the cost of maintenance would
be of a steel storage with the possibility of shut down time needed versus the concrete storage. Mr.
Coates stated that the quality of the water would determine maintenance and he did not have a study on
either tank with the Town’s current filter system. Mr. Miller pointed out that the concrete storage would
cost $1.3M and seemed to be more durable. Mr. Coates added that concrete storage was not only more
durable, but unless something grew in the concrete storage, the water quality would be better and the
temperature of the water in the concrete would be considerably different than in a steel tank.
Patrick Kelly, with Quantum Integration Solutions a local Electrical Engineering firm that specializes in
process control reviewed information contained in his PowerPoint presentation (available on-line or in the
office of the Town Clerk) and stated he was asked to investigate upgrades to the fountain’s controls. Mr.
Kelly suggested a modern PLC that would run continuously for 20+ years and described the system,
which would include a touch screen to adjust variables in weather and time along with a weather station
to be located in the current area with remote access and manual for an estimated $50,000 budget.
Councilmember Yates asked if the system had a manual override and Mr. Kelly answered that staff could
physically control the system at the base station in manual mode . Councilmember Yates inquired about
cyber security and Mr. Kelly stated the system could be taken off-line and then provided an air-gap so no
control could be made from the outside. Mr. Kelly added there were “Best Standards Practices” upheld
including “Homeland Security Guidelines” for industrial infrastructure and he noted the same practices
were used at the Fountain Hills Sanitary District.
Vice Mayor DePorter expressed he liked the remote access to the system and asked if the system was web
based. Mr. Kelly answered that was an option and could include the fountain run time, energy used,
down times, wind speed and would contain a secured password protected access web page. Mayor
Kavanagh expressed that these features had been asked for but the Town’s current technology was
outdated. Mr. Kelly added that this system was totally expandable for the future.
Mr. Miller requested clarification that the first part of this system was the controls, which did not control
the fountain and the second part of the system was the fountain controllers. Mr. Kelly agreed and stated
these were variable frequency drivers turning the outputs on and off. Mayor Kavanagh stated she had
requested the variable drivers to be part of the presentation and was looking forward to these features.
Kevin Baker, professional Engineer from Keller Electric, stated he was asked to address the motor control
system to replace the current system and he included a PowerPoint presentation (available on-line and in
the office of the Town Clerk). Mr. Baker explained that the Town’s current system was running at full
capacity and the pump equipment dated back to the 1970’s. He explained that the pumps were starting to
show wear and tear and would need to be replaced soon since no spare parts were available. Mr. Barker
noted that the Town’s current running costs of the pumps totaled $148,000 per year for electricity and that
calculated to $400.00 per day by best estimate. Mr. Baker recommended a VFD operator system running
two motors for the majority of the time and when needed the additional soft starter would be used to start
the third motor to power the fountain at full height.
Mayor Kavanagh wanted to know why the system could not be run on the soft starter on the first motor to
eliminate full power at the beginning when Salt River Project (SRP) charged power at a lower cost. Mr.
z:\council packets\2016\r160915\160901m.docx Page 5 of 15
Baker explained with the VFD system was used a limited start up because the VFD was controlled
starting at the beginning to full speed and the soft starter would draw more current than the VFD since the
soft starter runs the current at full speed. He added that VFD was popular because it reduced power
consumption called the “infinitive law” when flow was proportional to pump speed, along with pressure
and power “Q” was proportional to the pump speed. Mr. Baker remarked that running two pumps at 90%
speed would allow the height of the fountain to be reduced to approximately 80% due to head pressure
and lift height to 80% or 240’ and the power goes down to 73% of the power currently used. He
continued that at the cost of $400.00 per day and by keeping the fountain at 240’ instead of 300’ would
reduce the cost to $300.00 per day for the 15 minutes without SRP demand charges.
Mayor Kavanagh asked if the Town decided to pay the $400.00 per day, could the fountain run at the
same height and Mr. Baker agreed. Mayor Kavanagh then asked could the fountain run longer and Mr.
Baker answered that it could. Councilmember Yates asked compared to the current system at full height
then the system would be cheaper per day while paying the same. Mr. Baker answered that the cost
would be somewhat higher due to the drive requiring more power to run with less efficiently by adding
the third drive to reach full height, but slowing them down would save. Councilmember Yates noted that
on the existing system there was no way of cutting the power down and Mr. Baker answered that the
existing system only had three speeds and either on or off.
Mayor Kavanagh asked if the VFD system would save on wear and tear on the pumps and Mr. Baker
answered it would along with a lot less shock loading on the pumps upon starting and full control of the
motor up and down. Mr. Baker suggested the Town talk with SRP and negotiate better rates since the
VFD system can start gently and SRP may offer incentives for the VFD system application to off-set
costs.
Mr. Baker noted the equipment recommended could adjust for when the wind came up so the fountain
could run at a lower height; had been in operation since 1992, with approximately 200 units installed in
Arizona, and included servicing and start-up with high reliability of the equipment and a life of
approximately 20 years.
Mayor Kavanagh remarked that she wished Council had more time for questions, but a Town Council
meeting was scheduled immediately after this presentation and acknowledged all presentations were
excellent and thanked everyone for their work. The Mayor expressed that this information was needed
for a long time and thanked them for explaining the systems in a way so all the Town’s residents could
understand.
Councilmember Leger asked what the estimated cost for the VFD system was and Mr. Baker stated about
$750,000.
Mayor Kavanagh thanked the presenters again and said there may be additional questions coming through
the Town Manager.
Mr. Miller summarized that there seemed to be a consensus to move forward on the aerators in this fiscal
year due to resources available in the Capital Improvement Project Budget and since it appeared this
major action would help with the smell and odor issues. Mr. Miller added that the other items
recommended were middle or long-term solutions that would be best addressed through the Capital
Improvement program. Mr. Miller asked if there were any questions from Council and there were none.
AGENDA ITEM #2 – ADJOURNMENT
Mayor Kavanagh requested a motion to adjourn the meeting.
Vice Mayor DePorter MOVED to adjourn the meeting and Councilmember Yates SECONDED, which
CARRIED UNANIMOUSLY (4-0), by those present. The Special Session adjourned at 6:29 p.m.
z:\council packets\2016\r160915\160901m.docx Page 6 of 15
REGULAR SESSION
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Linda Kavanagh called the meeting to order at 6:40 p.m. in the Fountain Hills Town Hall
Council Chambers.
* Mayor Linda Kavanagh announced that today with them was Pastor David Taylor, First Baptist
Church of Fountain Hills.
* ROLL CALL - Present for roll call were the following members of the Town Council: Mayor
Linda Kavanagh, Vice Mayor Nick DePorter, Councilmember Cecil Yates, Councilmember Henry
Leger. Town Manager Grady E. Miller, Town Attorney Andrew McGuire and Town Clerk Bevelyn
Bender were also present.
Councilmember Alan Magazine, Councilmember Cassie Hansen and Councilmember Dennis Brown
were absent.
* MAYOR'S REPORT
i) THE MAYOR WILL READ A PROCLAMATION DECLARING SEPTEMBER 2016
GRANDFAMILY/KINSHIP CARE MONTH IN THE TOWN OF FOUNTAIN HILLS.
Mayor Kavanagh read the proclamation (available on line or in the office of the Town Clerk) declaring
September 2016 Grandfamily/kinship care month in Fountain Hills.
ii) THE MAYOR WILL READ A PROCLAMATION DECLARING SEPTEMBER 17,
2016 AS PLAY DAY IN THE TOWN OF FOUNTAIN HILLS.
Mayor Kavanagh read the proclamation (available on line or in the office of the Town Clerk) declaring
September 17, 2016 as “Play Day” month in the Town of Fountain Hills.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) MAYOR KAVANAGH MAY REVIEW RECENT EVENTS ATTENDED RELATING
TO ECONOMIC DEVELOPMENT.
Mayor Kavanagh gave her update on the “Statewide Tourism and Shopping Initiative” commenting that
she sits on the Economic Development Committee for the Maricopa Association of Governments. She
noted the topic of the meeting was extending the current 75-mile zone for shopping or visiting so that
Mexicans can get to the entire state. According to Arizona State University, the economic impact of
extending the border zone statewide for Mexican tourists who held a border crossing card could generate
up to $181M in additional estimated spending and result in 2,179 additional jobs. She explained that most
of the Mexicans who could obtain these cards were middle class and they were highly vetted and was
supported by the Maricopa Association of Governments (MAG).
Mayor Kavanagh also added there was a presentation by “Local Motors” a manufacturing company t hat
designed using 3D printing, which was located in the Chandler area. This company was a collaborative
that used a co-creation model that collected design ideas from all over the world and had over 50,000
members focused on engine design alone. Mayor Kavanagh added they unveiled their vehicle called
“Okki”, which was a 3D printed autonomous electric and recyclable shuttle bus and added these buses
would be available for cities and towns to rent.
z:\council packets\2016\r160915\160901m.docx Page 7 of 15
Mayor Kavanagh stated there was a presentation on the “Sister Cities” programs discussing how
communities could leverage existing “Sister Cities” for economic development opportunities and she
expressed that the speaker singled out Fountain Hills as one of the best run “Sister Cities” program under
Sharon Morgan. Mayor Kavanagh congratulated former Mayor Sharon Morgan for being recognized for
all the work she has done with the Town’s program.
ii) RECOGNITION OF RETIRING STRATEGIC PLANNING ADVISORY
COMMISSIONER LINA BELLENIR.
Mayor Kavanagh presented Lina Bellenir with a “Certificate of Appreciation” for her voluntary time
served on the Strategic Planning Advisory Commission (SPAC) along with her participation in the
updated “Strategic Plan”. Ms. Bellenir thanked Mayor Kavanagh and Council and added her
congratulations to the Mayor on being re-elected for another term.
iii) PRESENTATION ON 2016 LEGISLATION BY THE LEAGUE OF ARIZONA
CITIES AND TOWNS DEPUTY DIRECTOR TOM BELSHE AND SENIOR
LEGISLATIVE ASSOCIATE DALE WIEBUSCH.
Mayor Kavanagh introduced Deputy Director Tom Belshe and Senior Legislative Associate Dale
Wiebush who thanked Mayor and Council for allowing them to give a Legislature update and reviewed a
PowerPoint presentation (available on-line and in the office of the Town Clerk).
Mr. Wiebush stated that this was his 10th year and Mr. Belshe 16th year with the League and mentioned
that the League would be in its 80th year next year. Mr. Wiebush pointed out the number of bills sent to
the Governor in the last session and expressed his appreciation to Mayor Kavanagh for her push to pass
some of these bills. He also brought up the Leagues’ focus of this past Legislative session as being the
Supremacy Bills and their outcome of signed or failed bills and listed the highest profile issues along with
the State’s budget. Mr. Wiebush noted the bills the League helped to fix and then introduced Tom Belshe
who spoke to the bills the League worked on for a successful vote. Mr. Belshe and expressed his
appreciation to Mayor Kavanagh and Senator Kavanagh for their support especially on Bill HB 2483,
Municipal Population Estimates, which passed. Mr. Belshe also expressed his thoughts on the wonderful
Town staff and noted their appreciation for Town Attorney Andrew McGuire assistance by looking over
Legislature language. He also pointed out Town Clerk Bevelyn Bender had served as President of the
Arizona Municipal Clerks’ Association...
Mayor Kavanagh asked if there were any questions or comments from Council.
Councilmember Leger expressed his appreciation and the opinion that both presentations were great.
Mayor Kavanagh also stated her appreciation and remarked that she knew how hard both the gentlemen
worked during session and after and it was her pleasure to work with them.
iv) RECOGNITION OF THE TOWN RECEIVING THE OUTSTANDING SPORTS
PROGRAM AWARD FROM THE ARIZONA PARKS AND RECREATION
ASSOCIATION FOR THE TOWN’S ARCHERY PROGRAM.
Mr. Miller was delighted to have the opportunity to forward the well deserve recognition for designing
the new archery program that was acknowledged through the Arizona Parks and Recreation Association.
Mr. Miller stated that Anjelica Giardino, Fountain Hills Recreation Coordinator was responsible for the
program and noted there was a lot of participation within the community. Mr. Miller introduced Anjelica
Giardino and Rachael Goodwin, Recreation Supervisor who accepted the plaque from Mayor Kavanagh.
z:\council packets\2016\r160915\160901m.docx Page 8 of 15
CALL TO THE PUBLIC
Mayor Kavanagh asked if there were any requests to speak and Town Clerk Bender answered no requests
were received.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING
MINUTES FROM AUGUST 18, 2016.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE FIRST AMENDMENT TO THE
COOPERATIVE PURCHASE AGREEMENT C2015-164.1, WITH VINCON ENGINEERING
CONSTRUCTION, LLC FOR CURB REPAIR AND SIDEWALK RAMP MODIFICATIONS IN
THE AMOUNT OF $49,371.34.
AGENDA ITEM #3 – CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR
LICENSE APPLICATION FOR FOUNTAIN EVENTS, INC. (SAMUEL COFFEE) IN
CONJUNCTION WITH THE 2016 OKTOBERFEST EVENT TO BE HELD AT FOUNTAIN
PARK, LOCATED AT 12925 N. SAGUARO BOULEVARD, ON FRIDAY, SEPTEMBER 30 AND
SATURDAY, OCTOBER 1, 2016, FROM 5:00 PM TO 11:00 P.M.
Mayor Kavanagh requested a motion on the consent agenda items as written.
Councilmember Yates MOVED to approve the Consent Agenda as listed and Vice Mayor DePorter
SECONDED the motion.
A roll call vote was taken with the following results.
Mayor Kavanagh Aye
Vice Mayor DePorter Aye
Councilmember Yates Aye
Councilmember Leger Aye
The motion CARRIED UNANIMOUSLY (4-0), by those present.
REGULAR AGENDA
AGENDA ITEM #4 – CONSIDERATION OF APPOINTING FOUR (4) PLANNING AND
ZONING COMMISSIONERS FOR TWO (2) YEAR TERMS BEGINNING ON OCTOBER 1,
2016 UNTIL SEPTEMBER 30, 2018.
Mayor Kavanagh stated that the residents who volunteer to serve on a Commission were greatly
appreciated.
Mayor Kavanagh MOVED to appoint Howie Jones, Erik Hansen, Amberleigh Dabrowski and Gene
Mikolajczyk to serve on the Town of Fountain Hills Planning and Zoning Commission for two year terms
beginning October 1, 2016 until September 30, 2018 and Vice Mayor DePorter SECONDED, which
CARRIED UNANIMOUSLY (4-0), by those present.
AGENDA ITEM #5 – PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED
SPECIAL USE PERMIT BY FEARLESS KITTY CAT RESCUE TO ALLOW INDOOR
KENNELS AT 16832 E. AVENUE OF THE FOUNTAINS, LOCATED IN THE “C-2” ZONING
DISTRICT. CASE #SU2016-03
z:\council packets\2016\r160915\160901m.docx Page 9 of 15
Mayor Kavanagh opened the Public Hearing at 7:18 p.m.
Mr. Miller introduced Robert Rodgers, Interim Development Services Director Bob Rodgers, who
presented the staff report and information included a PowerPoint presentation (available on-line and in the
office of the Town Clerk). Mr. Rodgers stated that “Fearless Kitty Cat Rescue” was a non-profit, no kill
cat rescue facility currently located at 16913 E. Enterprise Drive, which was in a C-3 zoning district, and
was in the process of purchasing a vacant commercial building at 16832 E. Avenue of the Fountains and
the facility would be relocated to the new building. Mr. Rodgers pointed out that this application was a
request for a Special Use Permit to allow Fearless Kitty Rescue to relocate within the C-2 zoning district
as required in the Town’s Zoning Ordinance. Mr. Rodgers listed the factors contained in this staff report
that Council should consider in this request.
Mr. Rodgers stated that staff recommended approval of the Special Use Permit subject to the stipulations
recommended by the Planning and Zoning Commission.
Councilmember Yates asked if any changes to the facade of the building were requested and if so, would
the applicant have to follow the normal process for approval. Mr. Rodgers answered that no changes
were requested at this time and if requested, the normal process would be followed.
Councilmember Leger requested the stipulations be announced for the public’s information. Vice Mayor
DePorter listed the following stipulations from the Planning and Zoning Commission’s August 11, 2016.
1. The applicant shall not store any inventory, supplies, or kennel related equipment outside the
existing building.
2. Signage is not included in this approval. All signage shall comply with the requirements of the
Fountain Hills Zoning Ordinance, Chapter 6 and shall require separate Building Permits.
Mayor Kavanagh requested speaker cards.
Kim Kamins, a Fountain Hills resident and applicant, owner and founder of the Kitty Cat Rescue, thanked
Robert Rodgers, staff, the Planning and Zoning Commission and the Fountain Hills Chamber of
Commerce for their support through this process. Ms. Kamins listed reasons this rescue was important to
the community and the nation and that all people were involved in the rescue movement. Ms. Kamins
stated she was excited to move to the main street of Fountain Hills and approval of this request would
show the compassion the Town had for animals and would be a measure of integrity. She stated that
people adopt pets from rescues because they know they save lives and would this rescue would help
promote Fountain Hills when people visit the rescue by eating, shopping, walking the park and then they
may stay. Ms. Kamins explained that 90% of their cats roam freely, which enrich the lives of the animals.
Ms. Kamins asked for Council’s approval of her request.
Mayor Kavanagh closed the public hearing at 7:26 p.m.
AGENDA ITEM #6 – CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT BY
FEARLESS KITTY CAT RESCUE TO ALLOW INDOOR KENNELS AT 16832 E. AVENUE OF
THE FOUNTAINS, LOCATED IN THE “C-2” ZONING DISTRICT. CASE #SU2016-03
Mayor Kavanagh acknowledged that Fountain Hills was animal friendly and asked for further comments
or discussion from Council.
z:\council packets\2016\r160915\160901m.docx Page 10 of 15
Councilmember Yates stated he was an animal lover and had visited Fearless Kitty Rescue and declared it
was a well run operation and also met several SPAC requirements, which he felt was tremendous and
would help Fountain Hills with a sense of place; the rescue had his full support.
Mayor Kavanagh also explained she and her grandson visited the rescue and left with two additional cats.
Mayor Kavanagh asked for a motion.
Councilmember Yates MOVED to approve the Special Use Permit to allow Fearless Kitty Cat Rescue to
operate an indoor kennel at 16832 E. Avenue of the Fountains, located in the “C-2” zoning district,
subject to the stipulations outlined in the staff report and Vice Mayor DePorter SECONDED, which
CARRIED UNANIMOUSLY (4-0), by those present.
AGENDA ITEM #7 – PUBLIC HEARING FOR COMMENT ON ORDINANCE 16-05, TO
AMEND SECTION 2.07 OF THE FOUNTAIN HILLS SUBDIVISION ORDINANCE TO ALLOW
THE ADMINISTRATIVE APPROVAL OF MINOR REPLATS SUCH AS LOT LINE
ADJUSTMENTS, LOT SPLITS AND LOT JOINS. CASE #Z2016-03
Mayor Kavanagh opened the Public Hearing at 7:29 p.m.
Grady Miller explained that Mr. Rodgers would be giving the staff report and pointed out that re-plats
were typically approved legislatively on minor re-plats.
Mr. Rodgers stated that Ordinance 16-05 was a text amendment to the Subdivision Ordinance and was
recommended by staff as a time saving measure to allow for administrative approval of minor re -plats of
no more than two lots and if no new roads were created. He added that simple re-plats would no longer
need Town Council approval at a public meeting since these items were almost always placed on the
Council’s consent agenda and approved without discussion. This amendment would save time and was
more of a housekeeping measure. Mr. Rodgers noted that Planning and Zoning had forwarded a
recommendation to approve as presented.
Mayor Kavanagh asked if there was further discussion or questions from Council.
Councilmember Leger supported the amendment and expressed he relied on staff’s recommendations and
expertise. Councilmember Leger questioned the right of neighbors to express their objections to a
requested re-plat and asked if there were provisions if objections occurred. Mr. Rodgers answered there
were not and mentioned that currently neighboring property owners were not notified on lot spits or lot
joins. Councilmember Leger remembered when a homeowner’s association or neighbor was made aware
of a lot spit, but pointed out that if a lot spit was questioned, staff could be contacted to answer their
concerns. Mr. Rodgers stated he was unsure of what their standing would be.
Councilmember Leger questioned if a homeowner’s association (HOA) could over-ride staff’s approval
decision. Mr. McGuire explained there were two separate processes one included the plat process of re-
plats governed by the Town’s processes and the HOA had no authority over. He then explained there was
the private contract owner’s signed in their closing documents giving the HOA authority that went deeper
into the regulatory process than the Town’s. Mr. McGuire added that what may be legal under the
Town’s codes and ordinances may be different.
Councilmember Leger acknowledged that his question had been addressed and expressed again that
property owners could notify staff with any questions.
Mayor Kavanagh asked for further questions and none were asked.
z:\council packets\2016\r160915\160901m.docx Page 11 of 15
Mayor Kavanagh asked for speaker cards and Town Clerk Bender answered there were no requested
received.
Mayor Kavanagh closed the public hearing at 7:34 p.m.
AGENDA ITEM #8 – CONSIDERATION OF ORDINANCE 16-05, TO AMEND SECTION 2.07
OF THE FOUNTAIN HILLS SUBDIVISION ORDINANCE TO ALLOW THE
ADMINISTRATIVE APPROVAL OF MINOR REPLATS SUCH AS LOT LINE
ADJUSTMENTS, LOT SPLITS AND LOT JOINS. CASE #Z2016-03
Mayor Kavanagh asked if there was further Council discussion or a motion.
Vice Mayor DePorter thanked Mr. Rodgers for proposing the time saving measures.
Vice Mayor DePorter MOVED to approve Ordinance 16-05 a text amendment to Article II, Section 2.07
of the Fountain Hills Subdivision Ordinance, to allow the administrative approval of minor re -plats and
Councilmember Yates SECONDED, which CARRIED UNANIMOUSLY (4-0), by those present.
AGENDA ITEM #9 – CONSIDERATION OF RESOLUTION 2016-16, APPROVING THE FIRST
AMENDMENT TO AMENDED AND RESTATED FINAL SETTLEMENT AGREEMENT
BETWEEN THE TOWN AND MCO PROPERTIES INC., EN LLC AND ADERO CANYON
LLC.
Mr. Miller stated this request was a win-win situation for both the Town and MCO Properties. He
explained that Adero Canyon was currently being constructed by builders and MCO Properties had
recently excavated soils and approached the Town to inquire if the Town world be interested in taking the
fill materials from Adero Canyon. The Town had accepted the idea that involved approximately 12,000
cubic yards of fill material with MCO agreeing to store the material on their property. Mr. Miller
maintained by accepting the materials it would save the Town $90,000 for the trailhead project along with
a reduction in the number of truck trips through Fountain Hills that would have occurred to dispose of the
fill material outside of Town. Mr. Miller noted that this amendment would also remove the obligation of
MCO Properties to provide temporary utilities at the Adero Canyon Trailhead site since the fill and
temporary utilities were approximately the same dollar amount.
Mayor Kavanagh asked for speaker cards and Town Clerk Bender answered there were no requests
received. Mayor Kavanagh asked for questions or discussion and there were none. Mayor Kavanagh
asked for a motion.
Councilmember Yates MOVED to adopt Resolution 2016-16 that authorizes the Mayor to execute an
Amended and Restated Settlement Agreement between the Town of Fountain Hills and MCO Properties,
Inc. and Councilmember Leger SECONDED, which CARRIED UNANIMOUSLY (4-0), by those
present.
AGENDA ITEM #10 – PRESENTATION OF THE TOURISM PROGRAM AND
CONSIDERATION OF A TOURISM STRATEGIC PLAN FOR 2016 – 2019.
Mr. Miller introduced Rachael Goodwin, Recreation Supervisor and Grace Guetter, Tourism Coordinator
who presented a tourism plan and laid-out their plan to reach tourism goals in a document.
Ms. Goodwin and Ms. Guetter explained where they were at this time in their plan, plan of deliverables
and finally the Strategic Plan through information contained a presentation that included a PowerPoint
presentation (available on-line and in the office of the Town Clerk).
z:\council packets\2016\r160915\160901m.docx Page 12 of 15
Ms. Goodwin noted that the Town had seen an 18% increase in gross hotel room sales tax and, which
would also add more tourism funding for the Town. She mentioned the number of Facebook “likes”
showing a 14% increase, web site “experiencefountainhills.org” had an increase of 255% and a 1.46
minute per view session from June 2015 to June 2016 due to the recent overhaul of the Town’s web site.
Councilmember Yates asked if there were a base used due to the increase of view time. Ms. Goodwin
explained that due to the increase of information on the web site longer public viewing had occurred.
Vice Mayor DePorter asked if the facebook site was “organic” or had the Town put any money into
sponsorship. Ms. Goodwin answered the Town did add some money towards upcoming special event
announcements and were timed to get maximum impact, but the “organic” content of the fountain
appeared to receive the top viewing and received 50,000 views of fountain and those pictures were
submitted by local photographers.
Ms. Goodwin listed the most viewed sites from cities, towns, and stated where the Town’s web site views
were coming from. She also pointed out that Fountain Hills advertised at the “Cub Spring Training”
venue and mentioned some of the returning events to Fountain Hills this fall.
Ms. Guetter explained that public surveying was compiled at the Town’s special events, gave analytics
about the Town and its economic impact study.
Councilmember Yates asked if there were “barkers” at these events due to the 3 ½% returns on their
surveys and incredible numbers. Ms. Guetter stated they looked at fun give-a-ways or draws that could be
used to encourage people to fill out the survey and mentioned the use of glow sticks at night for kids that
engaged families.
Ms. Guetter listed from their surveys the top five reasons people stated they would return to Fountain
Hills.
Mayor Kavanagh asked if the 79% were returning visitors or were they new visitors. Ms. Guetter
answered that she did not have that information, but it could be extrapolated as that was part of the
survey. Mayor Kavanagh stated that would be nice to know.
Ms. Guetter continued that the value of the Town’s tourism program calculated with a population of 8,000
to 10,000 and eliminating residents, this indicated that visitors spent $50.00 or more at the events and
visited local restaurants and food from vendors. Mayor Kavanagh pointed out that these were not local
residents and Ms. Guetter agreed.
Councilmember Yates expressed the opinion they had done an excellent job on tabulating the metrics and
he suggested getting benchmarks to compare the numbers for the future.
Councilmember Leger stated they did a nice job and mentioned that last time there was talk about ROI
and requested taking a look at ROI and to calculate those figures with sales tax from quarterly reports and
historical data. Ms. Guetter agreed that would be a goal of staff’s along with benchmarks to achieve the
most accurate data possible.
Councilmember Yates pointed out that based on the estimates that this was an incredible return on the
Town’s investment.
Ms. Goodwin and Ms. Guetter presented the five year overview (highlighting the goals and
measurements) of the proposed Tourism Strategic Plan.
Ms. Guetter discussed: (1) communication and outreach; (2) Destination marketing and promotion; and
(3) Research, planning and measurement.
z:\council packets\2016\r160915\160901m.docx Page 13 of 15
Ms. Goodwin discussed: (4) industry, education, training and recognition; (5) tourism product
development; and (6) strategic alliances.
Ms. Goodwin also explained the success factors and measurability and that community effort and
communication, along with stake holder participation, culture renovations to reposition the Town as
dynamics changed to be in the forefront of new trends in tourism. She expressed that success factors
were in the numbers and quality vision on what customers were telling the Town on their likes and
dislikes.
Ms. Goodwin explained the timeline for the plan, which included adoption of the plan in 2016 and
applied from 2018-2020, including regular updates semiannually. She added in 2020 a benchmark review
would be presented and an updated version adopted in 2020-2021.
Mayor Kavanagh mentioned that when she attended various meetings and would talk with a lot of people,
she would bring flyers notifying them on Fountain Hill’s activities, but now everyone seemed to know
what, when and how to attend the Town’s events since they were so popular and would express the events
were good.
Mayor Kavanagh thanked both Ms. Goodwin and Ms. Guetter for their presentation and mentioned how
both ladies go over and beyond their working hours. Mayor Kavanagh pointed out that Mr. Goodwin and
Ms. Guetter had been encouraged to take some time off for them since they moved from event to event.
Mayor Kavanagh asked for further discussion or if the Council had additional questions.
Councilmember Leger commented on the tremendous presentation and noted the quality and quantity
since it was hard to measure the ROI on tourism and he pointed out there plan was well done.
Vice Mayor DePorter echo Councilmember Leger remarks and stated their plan was well thought out and
congratulated Mr. Mayer for his great hiring of these staff members.
Mr. Goodwin and Ms. Guetter finalized their presentation with a video focused on Fountain Hill’s
tourism as a destination and visual welcome and acknowledged Town staff, local residents, businesses,
and surrounding areas for this community effort.
Mayor Kavanagh thanked staff and noted everyone appreciated and was impressed with their work.
Mayor Kavanagh asked for speaker cards and Town Clerk Bender answered there were no requests
received. Mayor Kavanagh asked for a motion.
Councilmember Leger MOVED to approve the Tourism Strategic Plan for 2016-2019 and
Councilmember Yates SECONDED, which CARRIED UNANIMOUSLY (4-0), by those present.
AGENDA ITEM #11 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER
None
AGENDA ITEM #12 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT
ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN
MANAGER.
Mayor Kavanagh thanked Vice Mayor DePorter for giving all the staff a great presentation on
“LinkedIn”. Mayor Kavanagh commented that she had represented the Town at the opening night of the
Fountain Hills Community Theater presentation and that she and the Senator had attended the first
meeting of the newly formed Marine Corps League at the American Legion.
z:\council packets\2016\r160915\160901m.docx Page 14 of 15
Mayor Kavanagh said she attended the “Back 2 School Water Bash” at Four Peaks Neighborhood Park
with Councilman Yates and Vice Mayor DePorter and observed it was a hugely successful event and
everyone expected about 200 families, but easily got 400 plus families to attend. The Town hoped to
make this free event an annual one and she wanted to thank Rachael Goodwin, Grace Guetter, Anjelica
Giardino and Corey Povar for the incredible job they did with this event along with sponsors who were
the Fountain Hills Coalition, Thrivent Financial and the Town School District.
Mayor Kavanagh noted there was a ribbon cutting for the opening of the renovations of the Town’s dog
park. Councilman Yates and Vice Mayor DePorter were also on hand to help cut the ribbon along with
Town Manager Grady Miller, Community Services Director Mark Mayer and Senator John Kavanagh.
The President of ADOG, John Thompson, spoke and thanked his group for all their hard work and
commended the Town, especially our Parks Supervisor Kevin Snipes for the great job in the renovations.
The Mayor stated that she and Mr. Miller had attended the ceremony at Fort McDowell with School
Superintendent Dr. Patrick Sweeney to accept the Prop 202 donations and she thanked the Tribal Council
and President Bernadine Burnette for their generous donations to the Town and schools.
Mayor Kavanagh stated she had attended “The League of AZ Cities & Towns” Conference with
Councilman Yates, Vice Mayor DePorter and Town Manager Grady Miller. She expressed it was an
excellent conference while each attended different seminars to leverage how much we could learn to
bring back with us. I said she attended one on the consequences of the legalization of marijuana and a
very interesting one on new housing trends and had learned from that session that the Town’s “Park
Place” was the type of building that was not only going on here in Arizona, but across the country and
downsizing into smaller units was the new norm for retired people and apartments were the new attraction
for young people. She also attended one on the new use of body cameras by the Police Departments,
which the Maricopa County Sheriff’s Deputies were using at this time.
Mayor Kavanagh networked with other Mayors, Legislators, and the Town’s service companies EPCOR,
Salt River Project and Republic Services. She pointed out the Mayor’s Youth Council once again
attended the day long youth groups seminars and activities with youth coordinator Heather Ware and
proudly carried our Town flag in the opening ceremony of the “Parade of Flags”. She indicated that
Fountain Hills took park in the “Showcase”, which culminated the conference. Each city had a booth
where they gave a little trinket away representing their Town. She thanked Rachael Goodwin, Grace
Guetter, Heather Ware and Ken Valverde for all their hard work to make the Town’s booth attractive and
fun. Mr. Miller, Councilmember Yates, Vice Mayor DePorter and the Mayor also took shifts and helped
out at the booth and everyone was very proud to showcase Fountain Hills.
Vice Mayor DePorter noted the seminar he attended on “Economic Development on a Small Town
Budget” was a good session and complimented Scott Cooper, the Town’s Economic Development
Director on his plan for the Town.
Councilmember Yates mentioned that many at the conference who visited the Town’s booth
complimented them on Fountain Hills while receiving a “Chocofin” chocolate bar.
Mayor Kavanagh thanked Councilmember Yates for representing the Town for the recent ribbon cutting
and pointed out that Angela McGee had previously visited Fountain Hills from New Jersey and had loved
the community and decided to open an “Avon” business in this district. Mayor Kavanagh added it was
great to have another business in Town. Mayor Kavanagh also congratulated Councilmember Yates and
Councilmember Brown on their re-election to Town Council.
z:\council packets\2016\r160915\160901m.docx Page 15 of 15
AGENDA ITEM #13 - ADJOURNMENT
Councilmember Yates MOVED to adjourn the meeting and Vice Mayor DePorter SECONDED, which
CARRIED UNANIMOUSLY (4-0). The Regular Session adjourned at 8:18 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 Special and
Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the
1st day of September, 2016. I further certify that the meeting was duly called and that a quorum was
present.
DATED this 15th day of September, 2016.
_____________________________
Bevelyn J. Bender, Town Clerk