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TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MAY 2, 2013
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers
* INVOCATION – Susan Ducot, Baha'i Faith Community
* ROLL CALL
Present for roll call were the following members of the City Council: Mayor Kavanagh, Councilmember Leger,
Councilmember Brown, Councilmember Dickey*, Councilmember Yates, Vice Mayor Elkie, and Councilmember
Hansen. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also
present.
Councilmember Dickey participated in the meeting through the use of teleconferencing equipment.
* MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
Mayor Kavanagh advised that the Town has been notified by the Government Finance Officers' Association that the
Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ending June 30, 2012 has been awarded the
Certificate of Achievement for Excellence in Financial Reporting -- the 12th consecutive year that the Town has
received this award. The Mayor commended Deputy Town Manager/Finance Director Julie Ghetti, her staff and
everyone who worked so hard to achieve this wonderful recognition.
Mayor Kavanagh announced that Vice Mayor Tait Elkie has been honored by the Arizona Foundation for Legal
Services & Education for being one of the top 50 pro-bono attorneys in Arizona. This award is given to recipients for
their outstanding contributions to the legal profession by representing a spirit of equal access to justice with
compassion and dedication to people in Arizona. She congratulated the Vice Mayor on receiving this award.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Update from Janet Strauss, Valley Metro Regional Public Transportation Authority, on the Transit Planning
Study.
Valley Metro representative Deron Lozano, System & Service Development Manger, addressed the Council and said
that Janet Strauss, the Project Manager on the Transit Planning Study, will highlight the contents of a brief PowerPoint
presentation on this issue. He also introduced other representatives prese nt in the audience and commented on the
three purposes of the study.
Ms. Strauss introduced herself to the Council and highlighted the contents of the PowerPoint presentation (Copy
available on-line and in the office of the Town Clerk). The presentation covered the following topics:
* Study Purpose
* Project Update
* Population
* Commuting Patterns
* Transportation & Land Use Plans
* Community Survey/Participation and Results
* Initial Findings
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* Next Steps
Ms. Strauss thanked the Council for the opportunity to address the Council and indicated her willingness to respond to
questions from the Council.
Mayor Kavanagh stated that most of the calls received at Town Hall are from seniors who need transportation to get to
medical appointments or the hospital. She asked whether the Town's Senior Services Director had been contacted and
if the seniors were provided copies of the survey.
Ms. Strauss confirmed that the Director was contacted and representatives were at the Community Center for several
hours (surveys were made available there and in the Library as well).
Councilmember Leger noted that 84% of the participants are Fountain Hills’ residents and asked if there was any way
to tell if any of the participants are temporary residents (snowbirds). He asked if the 84% includes both permanent and
temporary residents and Ms. Strauss responded yes, if they so identified themselves.
Councilmember Leger said that Ms. Strauss had mentioned that Route 106 is moving to Route 80 and asked her to
clarify that statement.
Ms. Strauss advised that in July Route 106 will be stopped at the Paradise Valley Community Center and be replaced
by Route 80 (a different route but same service area). She discussed the service area that will be covered by the route.
Councilmember Yates asked Ms. Strauss if, based on the statistics/metrics, she is finding that it sounds like it would be
a good idea to have a route through Fountain Hills. He asked if she is finding a need/demand for that service.
Ms. Strauss replied that they have not come to that conclusion yet. She added that there is a need for service but they
have not identified the type of service as yet.
Councilmember Dickey asked about connectivity -- connecting to light rail or different bus routes and Ms. Strauss said
that a lot of people have requested connection to light rail.
Vice Mayor Elkie asked stated that he has heard residents talk about some kind of route within the Town itself and
asked if that is being looked at as part of the study.
Ms. Strauss responded yes, as a circulator.
In response to a question from Mayor Kavanagh, Ms. Strauss said that the survey w ould be completed the end of
March and the study itself should be completed by the end of next year but they will be back before the Council prior
to that time. She added that the Council will be kept updated on a regular basis.
Mayor Kavanagh thanked Ms. Strauss for her presentation.
CALL TO THE PUBLIC
None.
CONSENT AGENDA
AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM APRIL 18, 2013.
AGENDA ITEM #2 – CONSIDERATION OF RESOLUTION 2013-20, AN INTERGOVERNMENTAL
AGREEMENT BETWEEN MARICOPA COUNTY AND THE TOWN OF FOUNTAIN HILLS FOR
ANIMAL CONTROL SERVICES FOR FISCAL YEARS 2013-2018.
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AGENDA ITEM #3 - CONSIDERATION OF A 2-YEAR EXTENSION OF THE APPROVED UTILITY
DISTURBANCE PERMIT FOR "LA BELLA VITA AT FIREROCK," FORMERLY "THE RETREAT AT
FIREROCK."
AGENDA ITEM #4 - CONSIDERATION OF A 2-YEAR EXTENSION OF TIME TO RECORD THE FINAL
PLAT FOR "LA BELLA AT FIREROCK," FORMERLY "THE RETREAT AT FIREROCK."
Councilmember Yates MOVED to approve the Consent Agenda as listed and Vice Mayor Elkie SECONDED the
motion.
There were no citizens wishing to speak on these agenda items.
A roll call vote was taken as follows:
Councilmember Dickey Aye
Vice Mayor Elkie Aye
Councilmember Leger Aye
Councilmember Hansen Aye
Councilmember Yates Aye
Councilmember Brown Abstained
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY by those voting (6-0).
REGULAR AGENDA
AGENDA ITEM #5 - CONSIDERATION OF AN AGREEMENT BETWEEN THE TOWN AND THE
SUMMIT AT CRESTVIEW CONDOMINIUM ASSOCIATION, INC. TO RELEASE FUNDS FROM ARCH
INSURANCE COMPANY FOR COMPLETION OF INFRASTRUCTURE IMPROVEMENTS IN THE
AMOUNT OF $79,577.00.
Development Services Director Paul Mood addressed the Council relative to this agenda item and provided
information on this item as listed in the Staff Report (Copy available on-line and in the office of the Town Clerk). He
noted that the Town held a $135,000 subdivision improvement bond from Arch Insurance Company as required by the
final plat for the Summit at Crestview. Due to financial issues the developer walked away from the subdivision proje ct
with only the punch list items remaining. The Town made a claim against Arch Insurance for the $135,000 bond. Arch
Insurance rejected the claim and subsequent protracted negotiations between Arch Insurance and the Town resulted in
a settlement by which Arch Insurance issued payment in the sum of $79,577 to the Town for payment of the claim in
full.
Mr. Mood advised that the Town has withheld any building permits within the subdivision until the punch list is
complete and the goal is to complete the list as soon as possible. He said that staff has met with representatives of the
Summit at Crestview Condominium Association and negotiated an agreement where the Association will complete the
punch list items which relate to safety and common areas within t he subdivision and the Town will reimburse the
contractors for the work up to the settlement amount. He noted that per the agreement no building permits will be
issued until the punch list items are complete and recommended approval of this agreement. Mr . Mood indicated his
willingness to respond to questions from the Council.
Mayor Kavanagh asked if the money would be distributed in increments and Mr. Mood replied yes and explained the
process that would be followed. Mr. Mood also confirmed that the Town has already received the money.
Councilmember Leger commented that early on in the negotiations there was an understanding that a $1 million bond
had been posted and asked Mr. Mood to clarify this and why the settlement amount is only $79,577.
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Mr. Mood advised that there were three Letters of Credit -- one for $596,000 a second one for $596,000 and one for
$135,000. He said that as a majority of the work such as the grading and larger portions of the project get completed
those monies will get released.
Councilmember Yates said that obviously they are getting bids and asked if there is going to be sufficient money and
Mr. Mood replied that it depends on how the bids come in but they need to finish what is in the agreement before any
building permits are issued. He added that if they come up short they are still going to have to finish it. He confirmed
that no matter what, the work will get done.
Mayor Kavanagh said that she met with residents of Crestview and some of them are here this evening. She added that
she believes one has submitted a speaker card and Ms. Bender stated that Carroll Anderson would like to speak on this
agenda item.
Carroll Anderson addressed the Council and advised that he has resided at the Summit at Crestview Condominiums
since 2008. He noted that during that time there have been a lot of issues resulting in a lot of frustration. He
commended the Council for the action they will take and said that although it is not what the residents wanted it is a
good start. He said when they talk about completing the work as soon as possible he hopes they are not talking a year
down the road before the work commences. He expressed concern relative to grading the slopes behind the parking
stalls and removing excavation materials and said that is something that will not get done until someone builds on that
lot and that could be two years down the road. He said that he thought this was one of the items that was going to be
taken care of to beautify that area because right now it is just an unsightly pile of dirt. He said that he is grateful that
they have gotten to this point and they all know what needs to be done.
Mayor Kavanagh thanked Mr. Anderson for his comments.
Councilmember Leger requested that Mr. Mood address that punch list item (#8.2) and Mr. Mood advised that this
item is included in the list. He explained that because of the way it was originally graded, to pull some of the slopes
back they would have to go into some of the Hillside Protection Easement (HPE), which they do not want to do. He
said that some of the areas might not be graded depending on the HPE.
Mayor Kavanagh asked if the work was dependent upon the lot being sold and Mr. Mood advised that he would have
to see where it is. He added that there are a lot of grading items out there.
The Mayor commented that if it was contingent on that then it would take even longer to get the work done.
Councilmember Yates MOVED to approve the agreement between the Town and the Summit at Crestview
Condominium Association, Inc. to release funds from Arch Insurance Company in the amount of $79,577 and
Councilmember Brown SECONDED the motion.
There were no other citizens wishing to speak on this item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #6 - CONSIDERATION OF A REQUEST BY THE PUBLIC ART COMMITTEE TO
ACCEPT A DONATED SCULPTURE TITLED, "BLUE HERON" FOR PUBLIC DISPLAY AT FOUNTAIN
PARK.
Community Services Director Mark Mayer addressed the Council relative to this agenda item and highlighted the
contents of a Staff Report (Copy available on-line and in the office of the Town Clerk). He explained that the Public
Art Committee is requesting that the Town accept a donated bronze and stainl ess steel sculpture titled, "Blue Heron"
for placement in Fountain Park. He noted that the placement would be in the lake on top of a fairly large boulder
(approximately 4' tall) as depicted in pictures made available to the Council and the audience. He advised that the
piece has a value of $10,000 and was done by local artist Don Kenworthy. He informed the Council that because the
piece has sharp edges to form the feathers on the side, after discussions regarding possible placements the Public Art
Committee requested that the piece be placed in the lake. He added that the Town has the boulder to mount the piece
on and the Sanitary District has agreed to loan the Town the use of their crane to place the boulder in the lake prior to
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mounting the piece. He further stated that the piece will be mounted on the boulder that will be placed on the concrete
road that runs out to the Fountain and will not be placed on the liner.
Mr. Mayer said that the Chair of the Public Art Committee is present this evening as well as Jerry Miles and Jean
Linger. He reported that there will be an annual cost of $43 to insure the tall piece of art and added that staff
recommends approval and placement of the sculpture as presented.
Vice Mayor Elkie asked what kind of challenges the recommended placement would pose and Mr. Mayer said there
will be some challenges and they obviously will not be able to clean it as often as they'd like. He added that he thinks
that would occur anywhere the piece is placed and said he thinks it will be easier to clean at the proposed location than
on the island.
Vice Mayor Elkie commented that he would think that the piece because of its proximity to the water would need to be
cleaned more often because of the corrosive nature of the water and Mr. Mayer explained that this is a patina piece,
which will help. He noted that great effort has been expended to ensure that the water will not approach the top of the
piece and except for some extreme situations that may occur there should not be a lot of water getting on the piece. He
advised that some of the pieces typically get dust and bird droppings and this piece would not be different from any
other piece.
Councilmember Elkie asked what challenges were expressed regarding placement of the piece on the island and Mr.
Mayer responded that the major concern that Mr. Schmidt had was that when he approached the Council several years
ago they were supportive of trying to make the island into a more natural bird sanctuary and encourage that by clearing
the brush and planting native vegetation to encourage habitat, which has been done. He explained that the concern was
that this piece would serve as a scarecrow.
Mayor Kavanagh said that she knows Jerry Miles would like to say a few words about that.
Mr. Miles addressed the Council and informed the Council that the current proposed location is not the one selected by
the Committee and if costs are too high to place the piece where the Committee would prefer to have it then the
Committee unanimously recommends that the piece be placed on the island. He said that there has been talk about
keeping the island in its natural state but they are talking about a man -made bird on a man-made island in a man-made
lake made up of reclaimed sewer water. He noted that birds are not the least bit inhibited by the statues in the park.
He reiterated that the Committee's very strong preference is for the piece to be placed on the island. He noted that this
is a beautiful piece by a local artist who has given the Committee one year to pay for it (all of the other pieces in the
pipeline have been paid for). He pointed out that the site by the island down by the Performing Arts Center will get far
more traffic and the piece will be far more visible and he believes it will then be a lot easier to find donors for it. He
stated that on behalf of the Public Art Committee he would request that the Council seriously consider directing staff
to put the piece on the island. He added that he thinks that this piece of art will be a very attractive addition to the
island.
Mayor Kavanagh asked if the picture the Council viewed earlier was the island and Mr. Miles responded yes and
displayed once again the picture showing the island site. He stated that the Committe e would like to see it placed
pretty much where it is shown in the picture, between two saguaro cactus and near a tree -- all of which did not grow
naturally.
Vice Mayor Elkie commented that staff has reported that there were three potential placement options for the piece and
asked if the Committee looked at the other options that are available.
Mr. Miles explained that the reason they want to put this on the island and further away is because the bird is beautiful
but the feathers are made of steel and pointed and nothing something that little kids should climb on. He noted that
very often they see young children playing with the sculptures that are located a round Town and they love it -- love to
see the children enjoying them -- but this is not a piece that children could hug or play on. He added that it needs to be
in a place where people can see it but young children cannot come up and touch it.
Vice Mayor Elkie stated that the first location that was in the water over by the Veteran's Memorial and Mr. Miles
clarified that the first one was over near the island but that is the one that Mr. Mayer said the piece could not be placed
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there because getting it there was just not physically possible. He added that the location they are looking at now by
the Veteran's Memorial is cement outcropping that juts out when the lake goes down. He said that the first location in
the water was about 20' away from the island.
Councilmember Hansen asked if there would be challenges associated with placing the piece on the island and Mr.
Mayer replied that they would be able to cross over onto the island itself. He stated that the other point is they would
not need to use a boulder; it would just be on a concrete base like they typically use.
Councilmember Hansen commented said another thing to consider at that location is the overflow from the Fountain
and said that going towards the Veteran's Memorial sometimes there is more wind blowing and there is more water
over in that direction and she thinks this would provide more protection from Fountain water.
Councilmember Yates asked if a study was done or is this just a feeling that putting it on the island would act as a
scarecrow and Mr. Mayer replied that there was no study, it was the opinion of Mr. Schmidt who had chaired the
Island's Committee.
Councilmember Leger advised that he is certainly not opposed to the piece of art and he knows they are all anxious to
get it out there, including the artist, and it is a fine piece of art. He added, however, that he does have concerns about
placing it on the island and noted that they have a significant amount of history around that island. He pointed out that
the Town had a wonderful sculpture, "The Eagle in the Nest" donated to them and it is now on the Avenue. He said
that they had initially talked about placing that out there and the same kind of controversy arose from the same people.
He noted that Mr. Schmidt along with several other people has worked with the Committee over the years and they do
go out there and clean up the art work at their own expense. He reported that they are strongly opposed to having the
piece out on the island. He said that he is concerned about that group and added that the notion of putting it in the
water is a novel idea and presents a pretty interesting perspective. He noted that they do have a tremendous amount of
art in that area of the park and when you get on the back side you don't nece ssarily have that. He further stated that
having it in the water will be subtle, not obvious to the eye and he thinks there is a novelty about that. He discussed
the extensive effort that has been expended to work on the island and try and get it back to as natural a state as possible
(despite the fact that it is a man-made island on a man-made lake in a man-made environment).
Mr. Mayer commented that over 12 years ago, before the Town acquired it; MCO ran a water line out there and
actually planted flowers on the island. He said after he came to Town and the line had been abandoned, the weeds
grew so badly out there and it was so unsightly that they used the Town's landscaping contractor to go out there twice a
year to go to this island and the other two islands and cut the vegetation down to the ground. He added that the growth
would come back when the rains came. He reported that he approached former Town Manager Tim Pickering and said
if they really wanted to landscape the island they should put grass down and do the necessary work to make it look like
the other landscaped areas in the park. He said that they started into the process but there were some complaints
received by Town Hall and staff was asked to stop the work. He stated that the island never got completely
landscaped. He further advised that Mr. Schmidt came forward several years ago with a proposal to change the way
the islands are managed. He proposed that they be turned into natural areas and the Council at that time said they
supported Mr. Schmidt's efforts and a lot of the plants that are there now are native species and they work annually on
all of the islands to keep them maintained. He explained that Mr. Schmidt's intent is to keep the islands as natural as
possible and try to attract different species of birds and encourage nesting at that location.
Mayor Kavanagh asked if the location in the water would be too expensive to be done and Mr. Mayer responded that
the option is to put it by the Amphitheater in the culvert because when you come down that walkway there is probably
a 10-foot drop from the top of it down to the water so there is limited access and were not able to bring it far enough
into the lake to make it work. He added that they would have to contract that work out and it was going to be very
expensive.
Mayor Kavanagh said that the only places then are the island or the area by the Veteran's Memorial and Mr. Mayer
replied in his opinion, yes.
Councilmember Dickey commented on Mr. Schmidt's knowledge of the birds and said that there are concerns about
this. She noted that Mr. Schmidt believes that placing the piece on the island would undermine the efforts that he and
his volunteers have expended. She added that over the past few years he has spent over $4,000 for irrigation, etc. and
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he and the volunteers have spent hundreds of hours placing plants on the island. She further stated that they are in the
process of designing informational signs informing people about what is on the island. She s aid that she is more
inclined to place the piece over by the Veteran's Memorial.
Councilmember Yates asked what the value of the art piece is and Mr. Miles replied $10,000 and said that the
Committee is raising the money to pay for it but he believes they will actually pa y around $6,000 for the piece.
Councilmember Yates stated that it is his understanding that the Art Committee's recommendation is to place the piece
on the island and Mr. Miles concurred and added that it is their strong recommendation. Councilmember Yat es noted
that it was the Committee that put together the whole package to obtain the art work to present to the Council and the
Town and Mr. Miles concurred.
Councilmember Yates commented that he enjoys art and he doesn't claim to be an expert but if this location (the
island) was the intent of the artist and the group that put the whole package together then he tends to go along with
that. He said that he recognizes the fact that there has been time, energy and investment expended in taking care of the
island and likewise there is time, energy and investment in here and if people can't see the art then he doesn't think the
art gets appreciated. He added that quite frankly over at the Veteran's Memorial, although it is a wonderful facility, he
doesn't think it would get the visibility that it would on the island. He stated that his feeling is that they should go with
what is being recommended by the group that put the package together and place the sculpture on the island.
Councilmember Brown advised that his recommendation is that they accept the donated piece tonight and spend a little
more time and energy on the placement issue. He noted that he would be more than happy to assist staff in pr icing it
out, the boulder, etc., so that they could in fact place the piece in the water. He said that he thinks it is a very nice
piece of art and he thinks that placing it in the water is much more novel than placing it on the island. He stated that he
likes the idea of placing it in a natural environment on a b oulder. He reiterated his opinion that they should accept the
piece this evening and not select a placement location at this time until they look further into the ability to place the
piece on a boulder in the lake.
Mayor Kavanagh asked if that was a motion and Councilmember Brown said yes.
Councilmember Brown MOVED to accept the piece this evening and not select a placement location at this time until
they look further into the ability to place the piece on a boulder in the lake and Councilmember Hansen SECONDED
the motion.
In response to a question from Councilmember Yates, Town Attorney Andrew McGuire advised that accepting the
piece of art this evening and not deciding upon a location really doesn't move the ball forward at all because the
Council will have to come back and decide upon a location. He said that they can certainly do so if they wish but it
doesn't change the fact that they will be back again. He further stated that if the Council wants more time to discuss it
they can either table the item or accept it with a location to be determined so they can work out a location between now
and when they meet. He added that the Council could leave it is someone else's hands to decide.
Councilmember Brown said that this is a monetary issue and he thinks they need to investigate it a little bit more and
he doesn't see this as being a hugely expensive venture if they get the right team together to place the boulder and the
art in the water. He advised that this is something that would take a day or two to put together and that is why he is
saying the Council should accept the piece now and take a little more time to figure out whether they can put it in the
water or not.
Vice Mayor Elkie asked what the Public Art Committee's opinion is as far as placing the piece in the original location
that was agreed upon by the Committee.
Mr. Miles responded that it should be placed over by the Performing Arts Center. He added that the Committee agrees
with Councilmember Brown that placing the piece on a boulder in the water would be a nice, novel location. He
further stated that the Committee is opposed to placing it over behind the Veteran's Memorial because it will get a lot
of over spray from the Fountain so that would not be a good choice for the location. He said for him personally it is a
"flip of a coin" as to whether the piece is placed on a boulder in the lake or on the island because both are good
locations and he believes the Committee could raise money equally well with either of those two locat ions.
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Vice Mayor Elkie expressed the opinion that it is worth looking into -- accepting the piece and then seeing if they can
satisfy the original recommendation of the Committee.
Mr. Miles advised that the Committee is hoping to come to the Council's last meeting in May and present another piece
of art and if Councilmember Brown can figure out a way to get the piece on a boulder in the water by that time that
would be great.
Mayor Kavanagh stated that she is fine with either location and noted that Mr. Mayer was talking about a lot of money
to place in on a boulder in the water and even if they lowered the cost dramatically she would like to know who would
pay for that.
Mr. Miles said that the Committee has about $1,200 in their fund and beyond that all they have is the money that was
given to them to purchase pieces of art. He added that they are not a very "flush" committee even though they are an
active one.
Mayor Kavanagh asked how much of the cost the Town would have to cover (are they talking thousands of dollars?).
Councilmember Brown stated that they should see if they could get the costs donated, that should be the goal and
members of the Council concurred. He said that expending efforts would also be part of his motion.
Mr. Mayer advised that he doesn't have a picture of the piece at the location being considered but it is basically Site #5
on the map.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #7 - CONSIDERATION OF AWARDING A CONTRACT TO CRIMSON FIRE, INC., A
SOUTH DAKOTA CORPORATION DBA SPARTAN ERV, IN THE AMOUNT OF $500,728.20, FOR A FIRE
PUMPER TRUCK.
Town Manager Ken Buchanan advised that there is a need to purchase a new fire pumper truck to replace Engine 822,
a 1998 pumper with 120,000 miles on it. He noted that six proposals were received and evaluated by Town staff and
based on scoring criteria, Crimson Fire, Inc. was selected to build the new fire pumper truck. He stated that staff's
recommendation is to award the contract to Crimson Fire, Inc., (dba Spartan ERV) in the amount of $500,728.20. He
noted that Fire Chief Scott LaGreca was present to answer any questions regarding the truck.
There were no citizens wishing to speak on this agenda item.
Councilmember Leger stated that he knows the Chief and his staff have spent a lot of time putting the bid proposals
together and asked if after reviewing the proposals the Chief is comfortable moving forward with staff's
recommendation.
Chief LaGreca advised that he and staff were very pleased with all six bids that were received and the companies who
bid on the proposal are all good ones. He said he too recommends approving the recommendation before the Council.
Vice Mayor Elkie MOVED to approve a contract with Crimson Fire in the amount of $500,728.20 for the purchase of
a new fire pumper and Councilmember Hansen SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #8 - CONSIDERATION OF A SECOND AMENDMENT TO OPTION AND LEASE
AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NEW CINGULAR WIRELESS PCS,
LLC F/K/A/ AT&T WIRELESS PCS, LLC FOR THE CELL TOWER LOCATED AT 14825 NORTH DEL
CAMBRE, FOUNTAIN HILLS, ARIZONA (FOUR PEAKS PARK).
Mr. Buchanan addressed the Council relative to this agenda item and advised that this is the second amendment to the
option and lease agreement between the Town of Fountain Hills and New Cingular Wireless PCS, LLC f/k/a AT&T
Wireless PCS, LLC. He said that the cell tower is already there and they are going to move it over five feet (it is
located at Four Peaks Park). He said that Deputy Town Manager/Finance Director Julie Ghetti would respond to any
questions from the Council.
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Vice Mayor Elkie MOVED to approve a second amendment to the Option and Site Lease Agreement between the
Town of Fountain Hills, Arizona and New Cingular Wireless PCS, LLC for the expansion of antennas and equipment
at Four Peaks Park and Councilmember Yates SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #9 - PRESENTATION AND ADOPTION OF THE PROPOSED FEE SCHEDULE FOR THE
FISCAL YEAR BEGINNING JULY 1, 2013.
Mr. Buchanan addressed the Council and advised that there are a number of changes included in the proposed Fee
Schedule for FY beginning July 1, 2013, and Deputy Town Manager/Finance Director Julie Ghetti would be happy to
respond to any questions from the Council.
Mayor Kavanagh said that she had just a couple of questions and referred to Park Ramadas in the material provided to
the Council and noted that it says $10 to $20 an hour and asked for clarification on this.
Mr. Mayer addressed the Council and explained that the Town has three different sized shelters, small, medium and
large, and they are priced according to size ($10, $15 and $20).
The Mayor asked what a "reduced minimum for three hours" means and Mr. Mayer stated that in the past the Town
charged for four hours and typically for a family picnic the whole four hours are not utilized so now the charge is on an
hourly basis with a minimum of two hours.
In response to a question from the Mayor relative to "labor charges" (Park Personnel Labor), Mr. Mayer advised that
they have not adjusted those fees upwards for a period of time and staff gets time and a half if they get called out on a
weekend or during the event and this just reflects that.
There were no citizens wishing to speak on this agenda item.
Councilmember Dickey stated that she noticed staff has added a Centennial Circle Fee and she was wondering when
staff did the comparison with other cities whether there was anything similar as far as the median that they have now
and when it's complete (has anyone considered or enacted charges to use that). She said that she is asking because she
has been asked about that.
Mr. Mayer responded that he did not consider imposing a fee specific to the median (that would be Development
Services). He said that as far as the fee for the Centennial Circle, staff did look at the existing fees in place for the
Amphitheater and tried to model those fees to ensure that people did not choose one location over the other based on
price. He added that the only municipality that he is aware of that might provide some comparison between the
Avenue of the Fountains is Avondale, adjacent to their Town Hall (they rent that out occasionally). He stated that he
does not know what fees are charged but there is a public area adjacent to the Town Hall.
In response to questions from Mayor Kavanagh and Councilmember Hansen, Mr. Mayer advised that the proposed
fees for the Centennial circle is for the exclusive rental of the entire circle for events such as weddings. He noted that
the goal is not only encourage people to have their wedding there but their wedding reception as well. He confirmed
that the charge would cover the cost of electricity. He added that groups like the Rotary, etc. would still enjoy the
reduced fee.
Councilmember Hansen pointed out that the fee for the small ramada, for example, is going from $6.00 to $10.00 an
hour and said she thought that might be a little bit of a jump.
Mr. Mayer replied that staff did conduct an analysis and the fees are comparable to what is being charged by ot her
municipalities.
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Councilmember Hansen stated that the municipalities that the Town was compared to are larger and said she just
worries about making sure people will use them.
Mayor Kavanagh asked when the rates were last increased and Mr. Mayer said that it's been at least a couple of years.
Vice Mayor Elkie questioned how the calculations are made for example for Oktoberfest -- things are set up well in
advance of the event so how are the hours calculated?
Mr. Mayer explained that in those situations it depends on the section of the park that is being rented (that section of
the park would be assessed). He said that typically it's the set up, the event and then the tear down after the event
because that precludes anyone else from using the area for that period of time. He confirmed that typically the area is
shut off a couple of hours before so that people can set up and the user is charged for those couple of hours.
Councilmember Leger asked if Mr. Mayer had any idea, as far as ramada rentals, how many are in-Town rentals and
how many are outside Town and Mr. Mayer stated that he has a gut feeling -- just because the Town has a large
number of shelters he thinks more residents are using them than non-residents.
Mayor Kavanagh asked whether the ramada next to the Splash Park is not for rent and Mr. Mayer said that it is
probably the Town's most popular shelter. He added that the only two that they don't rent are the ones that are adjacent
to the playground.
Councilmember Yates MOVED to approve the proposed Fee Schedule as presented for the Fiscal Year ending June
30, 2014 and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
(Councilmember Dickey ended her participation in the meeting at 7:45 p.m.)
AGENDA ITEM #10 - CONSIDERATION OF APPROVING AN AMENDMENT TO THE CONTRACT
WITH CACTUS ASPHALT, IN THE AMOUNT OF $100,000, FOR CRACK SEALING AS PART OF THE
FY13 PAVEMENT MANAGEMENT PROGRAM.
Mayor Kavanagh advised that there will be one presentation for Agenda Items #10 and #11.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and said that the Town is currently in
the middle of a crack sealing and hopefully will be starting the slurry seal program in Zone 6 of the Town's Pavement
Management area within the next week or so. He referred to information/pictures contained in the Council's packets
(Copy available on-line and in the office of the Town Clerk) and reported that they have run out of material due to the
overwhelming amount of cracks and the depth of the cracks that have to be filled. He said that the Town has to
purchase some more materials in order to perform an adequate crack sealing job. He advised that staff is requested
that the Council approve the transfer of some money from the Highway Revenue Fund (HURF) reserve funds to the
Pavement Management Program. He explained that in order to do that, the Council has to decrease the appropriation
in the Special Revenue Fund and increase the expenditures in the Streets Department operating b udget to allow
utilization of HURF balance reserves for the Pavement Management Program. He said that Mr. Mood would be happy
to respond to questions from the Council.
Councilmember Yates said that he has discussed with staff the fact that the cracks are wider and deeper than
anticipated and asked how this will affect the slurry seal.
Mr. Mood advised that the additional money that staff is requesting is going to be used on the larger remaining cracks
and they are not going to be able to get to them all. He added that they are going to hope for the best and do the best
job they can but there are a lot of cracks out there and it is requiring a lot of material.
There were no citizens wishing to speak on this agenda item.
Councilmember Brown asked if the requested amount of money will finish the job and Mr. Mood advised that it will
not finish the job completely but staff believes it will take care of the major cracks in Zone 6. He displayed pictures
showing the condition of the road at Richwood and Skyridge and said that if they filled all the cracks, the entire road
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would be crack seal. He noted that slurry seal does not tend to stick very well to crack seal so they don't want a lot of
it on the road. He added that staff is going to focus on the larger cracks to help prevent the slurry seal from
prematurely cracking.
Councilmember Leger stated that Mr. Mood previously informed him that a quarter of an inch is usually the standard
for filling something and noted that these cracks are larger than that. Mr. Mood replied that typically the standard is if
they can stick a pinky into the crack that's what is filled. He added that unfortunately that crack goes down and
sometimes spreads out underneath so if they put crack seal down it will settle and a lot of times they could just keep
feeling those cracks. He said that sealing the cracks will help prevent water from getting down in there. He confirmed
that they are using the same material on all of the cracks.
Councilmember Leger asked if the additional material will bring the project in over budget and Mr. Mood responded
yes, the budget was $867,000 and it will be $967,000.
Councilmember Leger asked if this will negatively impact other work that needs to be done and Mr. Mood explained
that the money will come out of the HURF reserve balance.
Councilmember Yates MOVED to approve an amendment to the contract with Cactus Asphalt in the amount of
$100,000 for crack sealing as part of the FY 13 Pavement Management Program and Councilmember Brown
SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0).
AGENDA ITEM #11 - CONSIDERATION OF APPROVING A BUDGET TRANSFER, IN THE AMOUNT
OF $260,000, DECREASING THE APPROPRIATION IN THE SPECIAL REVENUE FUND AND
INCREASING THE EXPENDITURES IN THE STREETS DEPARTMENT OPERATING BUDGET
UTILIZING HIGHWAY USER REVENUE FUND BALANCE RESERVES FOR THE PAVEMENT
MANAGEMENT PROGRAM.
For discussion see Agenda Item #10 above.
Councilmember Yates MOVED to approve a budget transfer in the amount of $260,000, decreasing the appropriation
in the Special Revenue Fund and increasing the expenditures in the Streets Department operating budget utilizing
Highway User Revenue Fund balance reserves for the Pavement Management Program and Councilmember Elkie
SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0).
AGENDA ITEM #12 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY
ITEM INCLUDED IN THE ARIZONA LEAGUE OF CITIES AND TOWNS WEEKLY LEGISLATIVE
BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE
LEGISLATURE.
Mr. Buchanan provided the Council with an update on HB 2404 - the Energy Act and said they are trying to
circumvent the local energy code. It has some impacts for the Town (would have to bring in another consultant t o rate
homes for efficiency adding another layer) and staff is monitoring this.
Mayor Kavanagh provided an update on the TPT (Transaction Privilege Tax) legislation and reported that it is still in
the Senate and negotiations are taking place. She advised that if the bill passes it will become effective in 2015 and
said that they (Valley Mayors and the League) are still not happy with the data being provided and the League is
asking on everyone's behalf for a neutral party to come in and compile accurate figures.
Councilmember Brown stated that HB 2404 is not a good bill, it should be left alone and the State should stay out of
this. He noted that Fountain Hills is probably the most strict municipality as far as energy efficiency among the seven
that he builds in.
AGENDA ITEM #13 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN
BUCHANAN.
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Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council.
A. None.
AGENDA ITEM #14 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE TOWN MANAGER KEN BUCHANAN.
None.
AGENDA ITEM #13 - ADJOURNMENT
Councilmember Brown MOVED to adjourn the meeting and Vice Mayor Elkie SECONDED the motion, which
CARRIED UNANIMOUSLY by those present (6-0). The meeting adjourned at 7:55 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 Regular Session held by the
Town Council of Fountain Hills in the Town Hall Council Chambers on the 2nd day of May, 2013. I further certify
that the meeting was duly called and that a quorum was present.
DATED this 16th day of May, 2013.
_____________________________
Bevelyn J. Bender, Town Clerk