HomeMy WebLinkAbout2013.1205.TCRM.Minutesz:\council packets\2013\r131219\131205m.docx Page 1 of 12
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
DECEMBER 5, 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 – Pastor Bill Good, Fountain Hills Presbyterian Church
* ROLL CALL
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Councilmember
Ginny Dickey, Councilmember Dennis Brown, Councilmember Cecil Yates, Vice Mayor Cassie Hansen,
Councilmember Tait Elkie, and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew
McGuire and Town Clerk Bevelyn Bender were also present.
* MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
Mayor Kavanagh stated that she was elected by her peers to represent the East Valley on the Economic Development
Committee. She noted that they have held a few meetings and she wanted to provide an update on some of the
important issues that have been covered. She said that the first topic was a MAG (Maricopa Association of
Governments) initiative to increase tourism and trade with Mexico and much discu ssion has occurred relative to
enhancing tourism between the two countries. She advised that she is in favor of it as long as it doesn't further
jeopardize the border security issues. She further stated that she did question the MAG initiative that was formed to
promote transportation (all aspects of it) to connect their State and move people more efficiently. She questioned
whether MAG should be stepping into the trade and tourism business and pointed out that taxpayers already pay for
the promotion of trade and tourism through their State agencies and through GPEC (Greater Phoenix Economic
Council). She asked whether taxpayers should have to pay twice because another organization wants to get into that
business and said that she is certainly not in favor of duplication of services with taxpayers' money. She commented
on the Thunderbird School of Global Management and said that they conducted a study detailing medical tourism,
which has become a growing billion dollar industry and covers residents of foreign countries who seek out the United
States for medical services. She noted that in Arizona especially they go to either the Mayo Clinic or Barrows
Neurological. She added that it also covers U.S. citizens going elsewhere where medical services, especially elective
procedures, may be cheaper. She stated that she was surprised to learn that the Mayo Clinic alone had 8,000 patients
from over 140 different countries last year and noted that the Clinic actually maintains an office in Mexico City, where
they refer patients back to the U.S. for treatment. She advised that Arizona is in competition with other states that are
trying to capitalize on this growing industry, which naturally feeds into many other fields and supplies jobs and puts a
lot of tax money into our coffers. Mayor Kavanagh further stated that another interesting presentation was by the
Arizona Office of Tourism stressing the strong connection between tourism and economic development in the State
and said that this is very appropriate considering the fact that our State government may consider taking over tourism
in Fountain Hills. She provided facts and figures relative to monies generated into the Arizona economy and noted
that this is one of the most lucrative businesses in their State, contributing $2.6 billion in local, state and federal tax
revenue. She stated that the Director of the Arizona Office of Tourism stressed the importance of remaining
competitive with other states that are working diligently to grab the tourism market away from us. She said that the
Arizona Office of Tourism will be launching an aggressive campaign in 2014 to reach local, out-of-state and even out
of country visitors and the Director has offered her personal assistance to the Town as t hey take on their new role of
directing tourism.
The Mayor stated that today is the last day of Hanukah she hopes that everyone had a very nice holiday.
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* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) None.
CALL TO THE PUBLIC
None.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING RESOLUTION 2013-58, DESIGNATING THE
FINANCE DIRECTOR TO DECLARE OFFICIAL INTENT ON BEHALF OF THE TOWN WITH RESPECT
TO REIMBURSEMENT FROM PROCEEDS OF TAX EXEMPT OBLIGATIONS PURSUANT TO
TREASURY REGULATION SECTION 1.150.2.
Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Brown SECONDED
the motion.
A roll call vote was taken with the following results:
Councilmember Dickey Aye
Councilmember Elkie Aye
Councilmember Leger Aye
Vice Mayor Hansen Aye
Councilmember Yates Aye
Councilmember Brown Aye
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #2 - PRESENTATION AND DISCUSSION OF THE PROPOSED FOUNTAIN PARK -
PHASE 6 IMPROVEMENTS.
Town Manager Ken Buchanan addressed the Council relative to this item and said that they are in the final phase of
the development of Fountain Park - Phase 6. He noted that there are a lot of projects within this phase that staff would
like to present to the Council for discussion and consideration of these types of projects, which have been approved for
this plan.
Bryan Hughes, Supervisor of Recreation, addressed the Council and noted that the Master Plan was approved in 1998
and a lot of the items included in this plan were more or less left out because they were little things that they felt they
could do at a later date. He indicated his intention to highlight how they got to this point, Phase 6, which was
originally intended to be a two phase project back in 1998. He said that they had hoped to have all of the work done
by around 2001-2002, but as funding priorities changed it turned into six different phases. He stated that he would like
Mr. Dave Case with the DLR Group, who has been the lead landscape architect since the Master Plan will walk them
through the various phases including Phase 6.
Mr. Case addressed the Council and highlighted maps of Fountain Park Improvements (Copy available on line and in
the office of the Town Clerk). The discussion covered the history of the different phases over the last 15 years. He
discussed the different elements contained in Phases 1 - 5. He discussed what is being proposed for Phase 6 and noted
that they have roughly 7,800 linear feet of 10-foot wide sidewalks in the park (nearly a mile and a half of walkways
that go around the park). He noted the following proposals:
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* New LED monument sign
* Floating fountains
* Park Rules/interpretive signage
* Up-lift monument signage
* New power outlets at the existing amphitheater
* Existing concrete sidewalk to be illuminated
* Refurbished parking lot
Mr. Case thanked the Council for the opportunity to address them.
Mr. Hughes stated that the proposal will wrap up the whole process that they have been working on for over 15 years.
He indicated his willingness to respond to questions from the Council relative to any of the design elements covered in
the presentation. He reported that the proposed $1,500,000 project (funded over the next two fiscal years) would be
completed in late September before the park is over-seeded.
Mayor Kavanagh said that it appears to her that the sidewalk along the street is not scheduled to be illuminated and Mr.
Hughes confirmed that fact.
Councilmember Brown commented that they have lighting proposed for both the right and left hand sides and
questioned whether they have sleeving underneath the sidewalk.
Mr. Hughes replied that in previous phases they did sleeve in areas along almost all of the sidewalks so they have
random sleeves that they will be able to utilize. He confirmed that the rest of the lighting will be trenched in (along the
sidewalk and crossing over where the lights need to be). He said that the lights will be placed ever y 20 feet so there
are quite a few of them.
In response to a question from Councilmember Dickey, Mr. Hughes stated that they have not yet finalized the design
for the lights but they are looking at light fixtures that would be a little bit lower to the ground.
Mayor Kavanagh asked how late the lights would be on and Mr. Hughes responded that that has not yet been
determined. He added that it could be earlier and pointed out that the Dog Park closes at 9:00 p.m. to lessen the impact
on neighboring homes. He agreed that they would adjust the lighting times according to the season.
Councilmember Dickey stated that citizens have provided some input relative to the lighting and expressed some
concerns about Dark Skies and impacts on their views. She said that the lower and the least intrusive the lights can be
the better. She added that citizens also had questions/concerns about the LED signage and the possibility of either
swapping that out or having something on Shea instead. Sh e asked whether staff has received input from citizens
relative to how they feel about having LED lights right at the park rather than having them further out.
Mr. Hughes advised that staff has talked about a couple of potential lighting locations on Shea and said that obviously
people who do not live in Town would find out that something is going on if the lighting was there but at the same
time they want to make sure that people who do live in Town are aware of the activities that are taking place. He sa id
he believes this is a good option as far as announcing special events and activities taking place in Town right at the
park. He added that initially staff's thinking is to have one at the park and potentially if this is something that works
they might also have lighting out on Shea Boulevard if that is something that the Council wants to consider in the
future.
Mayor Kavanagh commented that while they are talking about the signs, she believes there are some people in the
audience who want to speak on that topic.
Town Clerk Bevelyn Bender stated that one speaker wishes to comment on this item.
Phyllis Kern addressed the Council and said she has been working indirectly with the Visitor's Bureau and they are
trying to put things together. She said that she believes signage is very important to what they are trying to
accomplish. She added that she worked Oktoberfest and came across five couples who had no idea what event was
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taking place and expressed the opinion that they are not getting the word out to everyone. She suggested that they
place a sign on Saguaro Boulevard and two out on Shea Boulevard and added that she believes this would be
outstanding as far as what they are trying to accomplish. She said that also the performance pad down by Avenue of
the Fountains should be taken care of. She stressed the importance of getting the signage done and doing it properly.
Vice Mayor Hansen also discussed the LED signage and said one was placed by the performance pad. She asked
whether it might be more visible if it was placed at the end of the Avenue or down by the shopping area because there
is so much foot traffic down at the south end of the park.
Mr. Hughes replied that staff has discussed two locations -- the first being where it is currently proposed to be and the
second at the end of the Avenue. He advised that this is the best recommendation staff has right now and added that if
they do additional signage at a later date at different locations, it will all lead back to the park and some of the
monument signage that they are trying to put into place. He said that the corner of Saguaro and Palisades is a good
location and probably will be more visible to cars and people than at the end of the Avenue. He noted that staff is open
to suggestions.
Vice Mayor Hansen stated that perhaps they could do an additional light (not an LED) down where there is so much
foot traffic by the restaurants. She said it would be nice to do both out on Shea and around the park as well rather than
having to do either/or and pointed out that that has really worked well for the Farmers Market (having it out on Shea).
Mayor Kavanagh expressed concerns with the location as far as the homes in that area and noted that some citizens
have expressed their concerns even about the low lighting on the pathway. She added that she is not sure that a sign
like that would really look nice in the park. She said that she understands that staff is trying to let the residents know
about the events but she would rather see the sign on Shea Boulevard.
Councilmember Elkie concurred with the Mayor's remarks on the LED and placing the sign on Shea Boulevard. He
noted that there are some traffic statistics (70,000 or so vehicles that travel on that road) and said the sign would point
them in the direction of the Town and let people know what is going on. He stated that he knows they have some
postings over by the Veterans' Memorial and questioned whether there is anything they can do that people would see
when walking by but would be shielded or masked so that when people are looking out at the park their eyes are not
directed at an LED in the park (something that would not be seen from a greater distance but would be seen if they
were close by). He added that he would like to maintain th e darkness and not have something that would be standing
out.
Mr. Hughes commented that the LED was not initially part of the plan but staff thought it might be a good addition as
they try to wrap up the project. He pointed out that staff always gets a lot of requests for banners and large signs and
they do allow signage out on Shea Boulevard for various events. He said that the goal is to eliminate those types of
signs eventually on Shea and have something that is a little more aesthetically pleasing t hat still gets the information
out. He stated that they want to do the same thing down at the park and said potentially they could do something else
but right now he cannot say what that would be (staff could look at some other options as far as display boards, etc.).
Councilmember Elkie suggested that they focus on Shea Boulevard for the time being so everyone can see what they
look like and find out what the public's response is to them before they put something in at the park. He noted that
they do have an LED on Saguaro Boulevard right night and it does catch the eye.
Mr. Hughes reiterated that staff will look at the various options and they could potentially eliminate an LED at this
time. He added that doing something on Shea Boulevard would be separate from this project but is something that
could be looked at and budgeted for at a later time. He pointed out that an LED does not have to be included as part of
this project -- it was just something staff thought might be a good way to educate the re sidents and the visitors about
the activities occurring at the park.
Mr. Buchanan asked whether LED is not desirable or if the Council would prefer to hold off for Fountain Park.
Vice Mayor Hansen stated that she thinks when they talk about an LED they picture the other LED signs that "pop out"
at them but she believes there are some other options that could be explored. She said it would be helpful for the
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Council to actually see some examples of what it would look like and added that it might not be as offensive as they
think. She further stated that location is important and if it was not right out on the street and more down by the
shopping center it could be incorporated into that area and be more for the pedestrians (or maybe even down where the
leaves are, somewhere it will not stick out as much). She stated that she thinks it would be unfortunate to simply say
"No" at this point until they explore other options.
In response to a question from Mr. Buchanan, Vice Mayor Hansen stated she would like to know what other options
are available to them and possible locations.
Councilmember Yates pointed out that as they look at signage as a comprehensive package there is no one thing. He
reminded everyone that at one point this Council approved all the brown signs coming in because they didn't want
them to be seen and that is exactly what they got -- a bunch of signs all over Town that nobody really looks at. He
said that he agrees with everyone in that they don't want a big jumbo sign right in the mid dle of Town park but he
thinks they need to take the approach of budgeting accordingly and have some kind of signage for this or for Shea and
bring in a consultant or someone in Town with knowledge in this field and develop a comprehensive sign plan that
does "trail blazing" (on Shea in a broad scope, to the main arteri es, etc). He added that the Town Center signs that
were put up have all that space below so they had room to "trail blaze" and identify where the parking is, where the
Fountain is, etc. He stated that all of these things need to be looked at comprehensively but they don't have to do it all
together he just doesn't want to fall back into the same trap of having one sign here without considering all of the other
signs that they have in place. He said that the Council does not want a jumbo sign down there but they do want
something that people are going to see and will be beautiful and add to the value. He reiterated that he would like to
bring someone in who does this for a living and come up with a real comprehensive sign program that takes everything
that they already have in place into consideration.
Mayor Kavanagh commented that she thinks they are talking about other types of signs (other than LED lights)
because the way they look during the day time is one thing but they will really be bright at night and that is not
something she wants for the park. She said if they are just having something for foot traffic then Councilmember
Elkie's suggestion of having something similar to what is at the Veterans' Memorial should work because people are
always stopping to read them at that location. She stated that they have some areas there where they post maps and
things like that so those could be upgraded with events.
Mr. Hughes advised that the LED portion of the monument sign that they are envisioning is an extra anyway so the
monument sign itself was going to be designed and this was kind of an afterthought -- something that could be
integrated into it. He pointed out that the monument si gn would still be there, they just don't have to add the LED at
this time but they could stub for electrical and do things like that in case they want to do something in the future. He
said that they could look into doing a more comprehensive signage package and noted that the signs included in this
particular project are more interpretive signs about the area, park rules, etc.
Mayor Kavanagh referred to the Vice Mayor's comment about the locations and Mr. Hughes said that could be looked
into and this is a small portion of the overall project that they are talking about tonight.
Councilmember Brown agreed that they should look into signage, LED or not, because they could control that dawn to
dusk type of situation. He stated that he feels like they need to get the information out to the public because the
majority of people who walk in the park are out there from sun up to sun down. He added that he thinks a little
information would be good to help promote the Town's events.
Councilmember Dickey discussed the proposed area and said that with the Sign Ordinance that was passed, couldn't
any one of those businesses put an LED sign up anyway? She noted that they are not protecting anything that can't
happen anyway. She said since the signs are allowed, they should control it and put it over where the Vice Mayor
suggested.
Mayor Kavanagh commented that individual stores at the Plaza could not do that, it would have to be the Plaza itself,
just like they would have to do a monument sign. She agreed with Councilmember Dickey that they could but said if
the Council didn't like the idea of setting the sign at the curb, then they would have to set the example.
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Councilmember Yates asked what the next step would be to approve a conceptualized plan that the Council would
have to see before they say, "plug it in."
Mr. Buchanan advised that a number of projects have been presented to the Council in its entirety and he is hearing
that they do not want to do the LED at this time -- they want to look at alternatives but not take it out of the plan -- and
move forward with the rest of the projects that were presented, then maybe a motion would be in order to proceed in
that manner if he heard the Council correctly.
Mayor Kavanagh stated that there is no action listed for this item, just discussion.
Vice Mayor Hansen referred to the sign in the Community Center that changes with all the events and asked how they
would describe that type of sign.
Mr. Hughes explained that it is an LED computer monitor in a box and the Vice Mayor said she doesn't think that that
is obtrusive at all. She added that it is easy to read and would look nice by the shopping area.
The Mayor asked if the Vice Mayor is talking about placing it in the path area and Vice Mayor Hansen replied or
somewhere up where most of the activity takes place.
Councilmember Elkie stated that he knows LEDs can be updated easily and that is obviously very helpful but perhaps
they could do something at the Plaza Fountainside, the park area or at the Veterans' Memorial in one of the kiosks
there -- not an LED but rather something to address the issue of the nighttime light (maybe something on schedule --
dusk to dawn). He further stated that if the idea is to target the foot traffic that passes by there all the time and the
Veterans' Memorial is a very visited place and perhaps something like that would suffice and not be intrusive at night.
In response to a question from Mayor Kavanagh, Mr. Hughes agreed that staff was thinking of vehicle traffic but said
if the Council wants to talk about just putting up signs in the park and in th e kiosk, that could certainly be done. He
noted that staff does flyers and things like that so people can see the information and they don't have to go with an
expensive LED display. He added that separate from this whole project, additional kiosks could be added and that is a
relatively inexpensive idea. He said they could plan for electrical work if they need to light them up at night. He
advised that the goal tonight was to give the Council the big picture and this is a relatively small part of the p roject and
staff can look at that more closely in the design stage if that is what the Council desires.
Mayor Kavanagh said that it sounds like the Council would like to see more alternatives -- both in terms of signage
and locations and Mr. Hughes confirmed that this is something that staff could easily do.
Councilmember Leger thanked Mr. Hughes for his hard work and advised that he is very much on board with the
phase. He stated that he thinks Mr. Hughes hit the nail on the head and when they bring t he design back to the
Council, they can really drill down on some of the particulars. He added that as far as LED lighting by the park, he has
mixed emotions about that and he is not an advocate of LED in terms of the aesthetics, particularly with their s mall
town character. He said, however, that he is flexible and looks forward to staff bringing the design back. He noted
that as far as Shea Boulevard, that is interesting and he is not sure whether that would be part of this project or be a
separate project in terms of dollars but what comes to mind is that most residents do go through the Shea Corridor. He
added that if they are interested in not only attracting the foot traffic in Town, with few exceptions most residents do
come through that area so they certainly would become aware of a local event. He said that since this is the final phase
of the plan, he would like to know whether any consideration has been given to replacing trees in the park. He pointed
out that over the years they have lost a tremendous amount of trees and one of the features of the park that attracts
visitors is the golf course. He advised that if you walk that course you will notice that a lot of hazards that were
designed for that particular course have been leveled by windstorms, etc. He said that he has been approached by the
group who originally designed the course and they asked about that. He questioned whether this would be the time to
look at that and determine whether there is available monies.
Mr. Hughes responded that as of right now no dollars have been allocated specifically for additional trees. He stated
that he knows Mark Mayer has been talking with the Greening Committee about potentially putting in more trees and
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that money would be generated mostly through fundraising. He said if they do have some savings, staff could come
back to the Council to discuss its use.
The Mayor asked whether Mr. Buchanan had sufficient direction and he replied that staff can be creative and do a lot
of things and they will put together some alternatives for the Council to consider. He stated that he heard some
discussion about doing something on Shea Boulevard and that is not in this budget so that will have to be further
discussed.
Mayor Kavanagh noted that they do hold quite a few events and there are people who are interested in having
something out on Shea so that is important to look at as well.
Mayor Kavanagh thanked Mr. Hughes for his presentation.
AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2013-52, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FLOOD CONTROL DISTRICT
RELATING TO THE DESIGN OF THE ASHBROOK WASH IMPROVEMENTS.
Town Engineer Randy Harrel addressed the Council relative to this agenda item and introduced Scott Vogel from the
Flood Control District. He stated that Mr. Vogel will be the Project Manager for the District on this project. He
advised that in July 2011, the Town submitted a Project Request for this project and it was approved by the Flood
Control District, originally for 2016 but this summer the District agreed to move it up to begin the design work now.
He reported that the costs would be split 50/50 between the Town and the District and any non-flood control items that
the Town wants to add in would have to be paid for in total by the Town. He said that the District is going to manage
the project and they are going to do the design in-house. He noted that staff is planning to hold a public meeting on
this probably in February and briefly highlighted a map depicting the project, associated costs and proposed work
(Copy available on line and in the office of the Town Clerk).
Mr. Harrell informed the Council that this item is on the Flood Control District's Advisory Board agenda (in January)
and the Board of Supervisor's agenda following that. He reported that the Town Attorney's Office has reviewed and
approved the proposed IGA and staff recommends approval. He indicated his willingness to respond to any questions
from the Council.
Vice Mayor Hansen asked if any of the proposed work will affect any of the cottonwoods that are the buffer between
the District and the Cottonwoods Subdivision.
Mr. Harrel replied that the intent is not to harm the cottonwoods and although he cannot guarantee that they won't
damage them in any way extensive effort will be expended to preserve them as much as possible.
Councilmember Dickey commented that over the last few years when they discussed options for funding they
frequently talked about a storm water user fee but they did not go forward with one. She asked whether this project,
including the design phase, would have been eligible to be paid for by storm water fees.
Town Attorney Andrew McGuire responded yes, they can address repairing old projects such as this one.
Councilmember Dickey suggested that maybe they could bring that issue up again in the future.
There were no citizens wishing to speak on this agenda item.
Councilmember Dickey MOVED to approve the Intergovernmental Agreement with the Flood Control District of
Maricopa County for the "Design of the Ashbrook Wash Improvements - Bayfield Drive to Del Cambre Avenue and
Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #4 - UPDATE AND DISCUSSION WITH POSSIBLE DIRECTION CONCERNING THE
FUEL SPILL THAT OCCURRED ON SUNDAY, NOVEMBER 17, 2013.
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Town Manager Ken Buchanan addressed the Council relative to this agenda item and said that a gasoline fuel spill
occurred from a fuel truck owned by United Petroleum Transports on November 17, 2013 between the McDonalds and
Circle K/Senor Taco business establishments. He stated that it was an emergency situation and MCSO and the
Fountain Hills Fire Department responded immediately and effectively and addressed the issue of protecting the publi c
with assistance from other area Fire Departments and HazMat crews through mutual aid assistance. He noted that
because of their quick actions, no one was harmed. He advised that there was an environmental spill and, in order to
quickly remedy that, the Town retained a testing laboratory, Kleinfelder West, out of Tempe to conduct testing of the
extent of the gasoline spill to determine the amount of the environmental contamination. He reported that remediation
began immediately to address the contaminated areas with soil removal from portions of Trevino Drive as well as
Nicholas Wash. He added that the extent of remediation is yet to be determined on Saguaro Boulevard, Nicholas
Wash and Ft. McDowell land until further testing can be accomplished. He noted that United Petroleum & Transports
(UPT) has cooperated fully with staff to determine the scope and extent of the contamination and remediation
remedies. He added that they are committed to ensuring that all EPA (Environmental Protection Agency) standards
are adhered to relative to the soils and the road itself and have indicated that they will reimburse the Town for the cost
of the testing that was initiated by the Town.
Mr. Buchanan informed the Council that a company called Clean Harbors, an environmental company, is currently
carrying out the remediation work. He said everyone has probably seen the bins out there and explained that the
company had to get permits to export the hazardous material to an adequate landfill. He noted that testing occurs as
they move along with the process and advised that testing on the other side of the fence came back negative of any
contamination on the east side into Ft. McDowell. He added that they will be working with UPI on Monday to further
address the areas mentioned above that still require work and determine what the remediation methods will be. He
said that staff is present to respond to any questions from the Council regarding the incident.
Councilmember Elkie asked if they were tracking staff time (including Fire and MCSO) in order to calculate and
recuperate those costs.
Mr. Buchan replied that they are paid anyway for those days but he is sure they could look at that. He noted that they
are in re-insurance at this point and as of last Monday he was advised that they were already half a million dollars into
the cleanup. He said they could calculate the hours but there hasn't been a lot on their side. He noted that it was an all
night incident as far as Fire and Law Enforcement but the rest of it has been with Paul Mood, Raymond Rees and
Justin as well as himself in some meetings but that is about it.
Councilmember Elkie asked Mr. Buchanan to speak to the future as far as the contamination under Saguaro and how
that is going to be addressed in the future and what they are going to be looking at especially when they begin to
repave that road.
Mr. Buchanan advised that they didn't want to have a Class A cleanup either when probably less than a year from now
they will be turning the road up -- they didn't want to find contaminated soil at that point. He reported that UPI
understands that and they want to make sure that the contaminated soil is removed. He added that they will look at
some form of re-pavement of that area. He noted that a letter was included in the Council's packets outlining the steps
that they feel should be taken.
Councilmember Elkie asked how they can protect the Town's interests later on if they do the best cleanup that they can
and then when they are redoing Saguaro Boulevard they find additional contamination (a year or two from now). How
can they protect the Town from the additional costs?
Town Attorney Andrew McGuire responded that much discussion has taken place regarding that issue and essentially
what they are looking for is some kind of tail coverage from the remediation people -- whether it is the hauling
company themselves or someone else. He stated that they are really not sure at this point who is going to provide that
to the Town but they certainly will be asking for that to occur. He said that some places will have to be handled right
away and a part of the problem with handling something so far into the future is that they are going to have difficulties
knowing whether the extent of the contamination problem is only from their issue. He added that they may not be able
to obtain as good tail insurance as they want but they are certainly talking to them about it.
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Councilmember Elkie commented that he is sure that discussions have taken place with the Sanitary District and asked
whether there are any concerns regarding the areas that they can't get to immediately as far as the groundwater.
Mr. McGuire stated that that is probably a question for the people who have been handling the remediation but in
terms of groundwater contamination, when there is a spill like this one the remediation effort is kind of like an analogy
to skin cancer -- it's what has to be taken out plus what is around it. He said that the soil surrounding the area has to all
be remediated out of there and there should never be anything left over when it is all said an d done. He noted that a
couple of areas they are concerned about right now involve culverts underneath Saguaro and the integrity of those
culverts based on their age. He added that there are going to be issue s and they will be asking them to continue on
with the Town until the Saguaro project has been completed.
Councilmember Dickey advised that she would like to address what she would call an irresponsible report that was on
Channel 15 about this spill and ask for a response to what was said. She reported that one comment was that "one
spark would blow people up" and so there was concern about having a barbeque and the other comment, which really
sounded like somebody handled something wrong said "crews put up a dam to keep gas from flowing down Saguaro
Boulevard but it ended up in the culvert instead." She said that her understanding is that everything was done very
properly, professionally and timely and there was no indication that whoever reported on the story had spoken to
anybody from either the Town or the company that was driving the truck. She added that they didn't even say how it
happened, they just said that there was a fuel spill in Fountain Hills and not that it was just a truck accident so just for
the record she would like that to be addressed.
Mr. Buchanan suggested that Fire Chief Randy Roberts come forward to talk about the incident.
Chief Roberts addressed the Council and stated that there were about 2300 gallons that were spilled and that quickly
contaminated the area around the commercial buildings. He said that the fuel spill then continued north on Saguaro
Boulevard and the very first truck on the scene was the engine out of Station 1. He noted that the fuel had already
gone underneath Saguaro and started pooling on the east side of that box culvert, that wash, so their initial reaction was
to stop, get shovels out and begin diking work around that particular drainage structure -- it had already passed that but
they were trying to keep additional fuel from going into the wash. He stated that luckily there was some soft soil close
by and they were able to scoop plenty of soil out and get a pretty good dike going around that particular drainage
system. He added that then the fuel continued to go around the one that was rounded off and flow around it and
continue north so they built a second dike across those southbound lanes on Saguaro and the fuel welled there at the
dike and was held pretty well. He stated that they did a fantastic job of containing the spill and of course they didn't
want to add any water to the spill but they were prepared with their trucks connected to hoses and hydrants. He further
stated that as far as the issue of flammability, their trucks have flammability meters on them and so do the hazardous
materials trucks that came to the scene and people were monitoring that spill from the very beginning all the way from
the commercial buildings at Saguaro and Shea, around the neighborhoods, clear up to Saguaro and at no time did they
get any readings whatsoever of even a lower flammability range until they got just right above the spill, probably a few
inches above the spill, and it most likely because of the nice cool air that kept the fumes down low. He reported that
there was never any hazard at all like that occurring. He said that the big hazard was to those commercial buildings
because if there had been a spark or a pilot light, something like that, it would have lit up back at Circle K and
McDonalds causing a great deal of problems. He noted that there was no danger to residential neighborhoods.
Mayor Kavanagh asked whether the investigation is indicating that something was done wrong by the driver or was
this just considered an accident. She said a lot of people commented on the way the driver entered a nd exited along
Trevino rather than going into one of the other entrances that would seem to make more sense.
Chief Roberts responded that the path the truck took was the path normally taken and the driver stated that he had
made that corner many, many times and never had an issue and this time he cut it too close.
Councilmember Leger commented that it is his understanding that because of this contamination asphalt needs to be
removed on Trevino and parts of Saguaro and that is part of the remediation plan. He asked for clarification on the
timing of that -- will they handle it as soon as possible or are they thinking of pairing it with the mill and overlay of
Saguaro.
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Mr. Buchanan replied that those discussions for immediate remediation will be taking place next Monday and he hopes
that that will occur sometime soon after that. He said that they are going to talk about what they are going to do now
because they do not want to wait until a year down the road.
Councilmember Leger agreed and stated that it is his understanding that the recommendation is to remove the asphalt
up to the bike lane and asked when they do the mill and overlay up to Saguaro whether they will have to go back and
tear all of that up.
Mr. Buchanan stated that it will come out.
Vice Mayor Hansen thanked Councilmember Dickey for requesting the additional report from the Chief and said she
wanted to express the Council's appreciation to all of the responders on how well the situation was handled. She added
that she hopes the papers make that very clear.
Mayor Kavanagh expressed appreciation to Senior Taco for the camera that supplied them with the video because that
certainly told the whole story and there is no question about what exactly happened.
There were no citizens wishing to speak on this item.
AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2013-59, APPROVING THE REVISED TOWN
ORGANIZATIONAL CHART FOR THE ADMINISTRATION DEPARTMENT, 2013-14 PAY PLAN,
SCHEDULE OF AUTHORIZED POSITIONS AND EMPLOYEE JOB DESCRIPTIONS TO ADD A PART
TIME ECONOMIC DEVELOPMENT SPECIALIST.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and said as the Council's knows,
going back to the budget, Resolution 2013-38 actually called for a contract position and that was approved in that
Resolution. He advised that staff went out with an RFP (Request for Proposals) and when the numbers came back they
were way too high as far as affordability. He added that he took the administrative prerogative and looked at a part
time position and sent that out and they had an excellent response back with eleven applications and they interviewed
four highly qualified people who are in the profession. He reported that the proposed Economic Development
Specialist position would be a 25 hour-per-week position and paid at the rate of $37.00 an hour. He said in order to
proceed with that hiring process, a Resolution to amend the previously approved budget Resolution is required (part
time position rather than contract position).
Councilmember Elkie stated that the timing of this with the tourism coming back to the Town is important. He said
that back when they had a full time Economic Development Director, that person did not do tourism and the Town
contracted with the Chamber to handle that. He asked how Mr. Buchanan envisions this as it falls in with tourism and
will the person be doing strictly economic development in line with what the previous director handled or will this be
economic development/tourism?
Mr. Buchanan commented that when they started this process they didn't have tourism that came along during the
process so this has really been designed for business attraction primarily. He reported that the number one candidate
has had experience with tourism so they can talk about that in the future but he would like to emphasize that there are
three strategies in the plan -- (1) Business attraction, (2) Tourism and (3) Downtown. He said that they want to get the
business attraction started and then work with the other ones. He added that at the next Council meeting they will be
talking about what has happened with tourism with the Visitors' Bureau and staff will talk about some
recommendations they have in that area as well as the staff that the Town will dedicate to it at least in the interim to
give them more time to talk about that.
Councilmember Elkie stated that it sounds like economic development for the time being with the idea that this person
that you selected might be able to assist with tourism as well.
Mr. Buchanan replied that it is all based on performance and recommended starting with this first and then go ing on to
the next and try to make it successful as well.
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In response to a question from Councilmember Elkie, Mr. Buchanan advised that the funding for th e position will
come out of the General Fund (transfer money).
Councilmember Dickey commented that if the Council does decide that they want tourism to be folded in, because
obviously it was part of economic development at one point, she would like to know whether they would have to
change the job description again.
Mr. Buchanan responded that it is not interchangeable and very difficult to do but the "other assigned duties" line in
everyone's job description might cover it and it could be absorbed.
Councilmember Dickey clarified that she was asking whether they would have to change the description if they
decided to make it a full time job.
Mr. Buchanan replied yes, the description would have to be changed and noted that as directed by the Council, staff
has been working with the Strategic Planning Commission (SPAC) to come up with a list of priorities. He reported
that they do have a list of priorities that they are trying to implement and there is a lot of work to be done in each one
of the action plans in accordance with those priorities.
There were no citizens wishing to speak on this item.
Councilmember Dickey MOVED consideration of Resolution No. 2013-49, approving the revised Town
Organizational Chart for the Administration Department, 2013-14 Pay Plan, Schedule of Authorized Positions and
Employee Job Descriptions to add a part-time Economic Development Specialist and Councilmember Yates
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #6 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM
INCLUDED IN THE LEAGUE OF ARIZONA CITIES AND TOWNS ADOPTED 2014 RESOLUTIONS.
Town Manager Ken Buchanan addressed the Council and said that this is self explanatory and the Council has been
provided copies of the resolutions adopted by the League of Cities and Towns. He pointed out that they do have their
name on a number of the reports. He stated that if there are any others that the Council would like to discuss please let
him know and they will add them to the list.
Mayor Kavanagh commented that she is sure there will be more coming up as the session starts and Mr. Buchanan
advised that this item will appear on all future agendas as the Legislature goes into session.
Councilmember Dickey referred to #3, pertaining to the Fire District, and said that she is assuming that the Town does
operate a municipal fire department.
Mr. McGuire replied yes, it is just operated by contract.
There were no citizens wishing to speak on this item.
Mr. Buchanan stated that staff has their marching orders.
Vice Mayor Hansen stated that perhaps they could ask that it be reported that the lights in the park are going to be low
and dim.
AGENDA ITEM #7 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN
BUCHANAN.
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.
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AGENDA ITEM #8 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE TOWN MANAGER KEN BUCHANAN.
None.
AGENDA ITEM #9 - ADJOURNMENT
Councilmember Yates MOVED to adjourn the meeting and Councilmember Elkie SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:45 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 5th day of December, 2013. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 19th day of December, 2013.
_____________________________
Bevelyn J. Bender, Town Clerk