HomeMy WebLinkAbout2014.0417.TCRM.Minutesz:\council packets\2014\r140501\140417m.docx Page 1 of 5
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
APRIL 17, 2014
* 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 – Ms. Julie Orwin, President, Congregation Beth Hagivot
* 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, Councilmember Tait Elkie and
Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney David Pennartz and Acting Town Clerk
Shaunna Williams were also present.
Vice Mayor Hansen was absent from the meeting.
* MAYOR’S REPORT
i) None.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) The Mayor may review recent events attended relating to economic development.
Mayor Kavanagh stated that the Town of Fountain Hills has launched an Economic Development Facebook page and
said they are very excited about using this social media outlet to spread the word about their wonderful Town. She
thanked Economic Development Director Scott Cooper for putting this together and advised that the residents could
help the Town if they are Facebook users by going to the Fountain Hills Economic Development Facebook page and
LIKING them.
ii) Update by Councilmember Ginny Dickey regarding the recent Maricopa Association of Governments
Regional Domestic Violence Council meeting held April 3, 2014.
Councilmember Dickey advised that they met at MAG (Maricopa Association of Governments) as usual and
presentations were made. She said that the Chair of the Arizona Supreme Court Criminal Justice Commission Work
Group gave an update and provided some information about improving criminal disposition reporting. She noted that
other items on the agenda included a "Balloon for Healthy Relationships," which is the Purple Ribbon Council (an
anti-domestic violence council) and they gave a presentation on what could be a curri culum item in a high school. She
stated that she has more information on this that she would be happy to share. She stated that she believes she
previously reported that the Vice Chair of the Council is Robin Barker, the Vice Mayor of Apache Junction, and she
was going to speak to all of them and they did have the interview and talked about what their roles might be and how
they could make this relevant for each of the towns. She advised that it is a big group so sometimes it is hard to know
where they all fit in so that was very successful. She noted that there is always a lot going on and all of the
presentations are on the website (azmag.gov) and the minutes are posted pretty quickly so everyone can see what they
talked about and she is always open to answering questions and things like that.
Mayor Kavanagh thanked Councilmember Dickey for the update.
CALL TO THE PUBLIC
None.
z:\council packets\2014\r140501\140417m.docx Page 2 of 5
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM APRIL 3, 2014.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING RESOLUTION 2014-18, ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN PORTIONS OF THE CERTAIN
DRAINAGE AND PUBLIC UTILITY EASEMENTS LOCATED AT THE NORTHERLY AND
NORTHEASTERLY PROPERTY LINES OF PLAT 604B, BLOCK 6, LOT 20 (11771 N. SPOTTED HORSE
WAY) AS RECORDED IN BOOK 196 OF MAPS, PAGE 27, RECORDS OF MARICOPA COUNTY,
ARIZONA. EA2014. (CROMER)
AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE CONTINUATION OF ALL ADERO
CANYON RELATED BUSINESS ITEMS TO A FUTURE COUNCIL MEETING.
Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Elkie SECONDED the
motion.
A roll call vote was taken with the following results:
Mayor Linda Kavanagh Aye
Councilmember Ginny Dickey Aye
Councilmember Dennis Brown Aye
Councilmember Cecil Yates Aye
Vice Mayor Cassie Hansen Absent
Councilmember Tait Elkie Aye
Councilmember Henry Leger Aye
The motion CARRIED UNANIMOUSLY by those present (6-0).
REGULAR AGENDA
AGENDA ITEM #4 - CONSIDERATION OF ACCEPTING TWO BRONZE SCULPTURES, TITLED "HUGS
N' KITTEN" AND "GAHN DANCER II" AND THEIR PLACEMENTS, AND THE NEW PLACEMENT OF
"MAN IN THE MOON" IN FOUNTAIN PARK, AS REQUESTED BY THE FOUNTAIN HILLS PUBLIC
ART COMMITTEE.
Community Services Director Mark Mayer addressed the Council relative to this agenda item and informed the
Council that the Public Art Committee is requesting Town acceptance of two bronze sculptures. He highlighted a brief
PowerPoint presentation that depicted photographs of the sculptures and proposed locations (copies of which are
available on line and in the office of the Town Clerk). He said that the first piece is titled "hugs n' kitten," has a value
of $9,000 and is being donated by Roland and Jean Lorenz. He noted that this piece will be placed in the Centennial
Circle in place of "Man in the Moon," which the Public Art committee requested now be placed by Fountain Park (by
the south playground). He stated that "Man in the Moon" was accepted by the Council in March of this year.
Mr. Mayer further stated that the second piece titled "Gahn Dancer II" is valued at $52,000 and would be placed on
loan to the Town for two years (April 1, 2014 - March 30, 2016) during which time the Public Art Committee will look
for a donor/conduct a fundraising campaign. He added that the piece will be placed in the Community Center lobby, if
approved by the Council.
Mr. Mayer indicated his willingness to respond to any questions.
Councilmember Elkie MOVED to accept two bronze sculptures titled "hugs n' kitten" and "Gahn Dancer II" and new
placement of "Man in the Moon" in Fountain Park and the placement of "Gahn Dancer II" and "hugs n' kitten" as
requested by the Fountain Hills Public Art Committee and Councilmember Yates SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
z:\council packets\2014\r140501\140417m.docx Page 3 of 5
Councilmember Elkie expressed appreciation to Roland and Jean Lorenz for their generous contributions to the Town's
art collection.
The Mayor noted that this is not the first time Mr. & Mrs. Lorenz have donated art to the Town.
The motion CARRIED UNANIMOUSLY by those present (6-0).
AGENDA ITEM #5 - CONSIDERATION OF APPOINTING ONE (1) PLANNING AND ZONING
COMMISSIONER TO FILL A VACANT SEAT AND COMPLETE A FIVE (5) MONTH TERM ON THE
COMMISSION BEGINNING APRIL 17, 2014 AND ENDING ON SEPTEMBER 30, 2014.
Mayor Kavanagh advised that this item has been removed from the agenda.
AGENDA ITEM #6 - PUBLIC HEARING REGARDING A SPECIAL USE PERMIT FOR VERIZON
WIRELESS TO ALLOW THE INSTALLATION OF A 26' TALL STEALTH SAGUARO CELLULAR
ANTENNA ARRAY AT 9800 N. SUMMER HILL BOULEVARD, LOCATED IN THE "R1-6A/RESORT"
ZONING DISTRICT. CASE # SU2014-01.
Mayor Kavanagh declared the public hearing open at 6:38 p.m.
Senior Planner Robert Rodgers addressed the Council relative to this agenda item and advised that this is actually a
repeat application by Verizon for a Special Use Permit (SUP) to erect a faux saguaro cactus cell tower at 9800 N.
Summer Hill Boulevard in Fountain Hills (within the R1-6A/Resort zoning district). He noted that the tower was
approved in December of 2011 but was not acted upon within six months and so the permit lapsed. He highlighted a
brief PowerPoint presentation on this agenda item (copies are available on line and in the offi ce of the Town Clerk).
He noted that the proposal is to place the tower at the end of Eagle Mountain's property, west of Eagle Mountain's golf
course's 18th green, and it will be adjacent to the existing T -Mobile saguaro. He further described the actual location
of the tower and advised that the equipment will be walled and will look like the existing equipment area for the other
tower. He noted that parking and accessibility are good and the tower will be 26 feet tall (9 feet shorter than the
existing 35-foot tower and it will be designed to look like a saguaro cactus. He advised that the Zoning Ordinance
outlines eight (8) factors to be considered when granting a Special Use Permit and said that staff believes all but two
have been met: (1) If a tower is within 300 feet of a residentially zoned property, it requires a SUP and that is why it
is before the Council this evening and (2) The surrounding foliage is natural desert and the landscaping could benefit
from some additional plantings so staff has recommended an additional stipulation in their recommendation for
approval of this item.
Mr. Rodgers informed the Council that the Planning & Zoning Commission forwarded on a recommendation to
approve it and staff also recommends approval of the SUP, subject to the stipulations contained in the staff report. Mr.
Rodgers indicated his willingness to respond to questions from the Council.
Councilmember Brown asked whether staff has received any complaints at all from people who live around the
proposed site and Mr. Rodgers responded no real complaints. He stated that they jokingly refer to the existing cactus
as the "blue one" in Town because it is changing color but noted that that one is from a different company.
There were no citizens wishing to speak on this agenda item.
Mayor Kavanagh declared the public hearing closed at 6:42 p.m.
AGENDA ITEM #7 - CONSIDERATION OF A SPECIAL USE PERMIT FOR VERIZON WIRELESS TO
ALLOW THE INSTALLATION OF A 26' TALL STEALTH SAGUARO CELLULAR ANTENNA ARRAY
AT 9800 N. SUMMER HILL BOULEVARD, LOCATED IN THE "R1-6A/RESORT" ZONING DISTRICT.
CASE # SU2014-01.
Councilmember Yates MOVED to approve the proposed Special Use Permit to allow a 26' tall Saguaro Cactus
antenna located at 9800 N. Summer Hill Boulevard, subject to the stipulations contained in the staff report and
Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0).
z:\council packets\2014\r140501\140417m.docx Page 4 of 5
AGENDA ITEM #8 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM
INCLUDED IN THE LEAGUE OR ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE BULLETIN
OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE.
Town Manager Ken Buchanan advised that he had forwarded to the Council information on the legislation he has
pursued -- HB 2339 and HB 2517. He said he sent letters on one to the Legislature and one on the other to the
Governor. He stated that he is not aware of anything new.
Councilmember Dickey commented that these two bills that they have been consistently opposing unanimously in
trying to represent the Town have proceeded to go through and she thinks it is relevant to know that their Legislat ors
who represent Fountain Hills are aware that the Town has opposed them and the League opposed both of these bills
consistently in writing, deed and every way possible. She added that two of their Legislators sponsored 2517 and all of
their Legislators voted yes on these two bills that the Town opposed. She further stated that she thinks it is relevant to
know that and the fact that several of the things that the Town has taken a stands on the Legislators have not done what
they wanted or not done what they opposed so it has been fairly frustrating. She added that she hopes that the
Governor gets their e-mail, which she thinks she will today, and their letter and understands that both of these bills
have ramifications to the cities and towns in Arizona.
AGENDA ITEM #9 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council.
A. None.
AGENDA ITEM #10 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER.
Councilmember Elkie advised that the high school has recently started a political club and it is headed by former
Mayor Jay Schlum's son, Tim Schlum, and they held their initial meeting yesterday. He reported that it was well
attended and Tim Schlum extended invitations to him and to Councilmember Dickey so they went and were able to
talk to the kids there. He said that hopefully there will be a lot of support from the other kids at the high school and
they will become active and involved and understand what is going on as far as local politics as well as statewide and
nationally. He advised that Mr. Burnett, who heads up the teen court, is the high school point of contact or coordinator
at the high school. He stated that he is pretty excited about that.
Councilmember Dickey stated that they were notified by MAG (Maricopa Association of Governments) that they
didn't get to be a finalist for the Peaks Award but she did take the opportunity to thanks the folks from Republic who
helped them put everything together and Raymond (Rees) too. She added that she hopes that sometime on a future
agenda we’ll bring that report; that the application becomes almost an assessment and report of the program and they
can use it in July to apply for the Arizona Forward Award. She said that maybe they will bring that up at some point
and it will be a good way as they wrap up this year that ends July of ‘14 to look at how this program has worked. She
announced that April 22nd is Earth Day and encouraged people to go to earthday.org, check it out and do something
green.
Mayor Kavanagh reported that she attended the 5th Annual Fountain of Youth fundraiser to raise money for the Boys
& Girls Club. She thanked Tina and Tom Duffy, Fountain Hills residents, for opening up their home each year for this
awesome event. She added that Public Safety Day at Fountain Park was a big success and noted that they had fire
trucks from four fire departments, rescue squads, the bomb squad, three helicopters, MCSO (Maricopa County
Sheriff's Office) and so much more. She expressed appreciation to Larry Cole from the Public Safety Advisory
Commission for all of his hard work putting together this great event and also thanked all of the public safety
participants.
The Mayor further stated that they had their last Coalition meeting of the school year and said they will be coming
back together in August under the leadership of Shelly Mowrey, founder of Drug Free Arizona. She reported that
Eggstravaganza was outstanding and thanked all of the staff for the great job they did. She advised that there were a
lot of kids present and they all got pictures with Hoppy Bunny and Peeps the Chicken.
z:\council packets\2014\r140501\140417m.docx Page 5 of 5
Mayor Kavanagh discussed upcoming events and stated that a group is putting together a 4th of July fireworks event in
the park. She noted that it will be a charity event sponsored by the Elks, the Amvets, Town business owners and the
Town of Fountain Hills. She encouraged everyone to plan on spending their 4th of July right there at the Fountain.
AGENDA ITEM #14 - ADJOURNMENT
Councilmember Yates MOVED to adjourn the meeting and Councilmember Elkie SECONDED the motion, which
CARRIED UNANIMOUSLY by those present (6-0). The meeting adjourned at 6:49 p.m.
TOWN OF FOUNTAIN HILLS
By _______________________________
Linda M. Kavanagh, Mayor
ATTEST AND
PREPARED BY:
________________________________
Shaunna Williams, Acting 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 17th day of April, 2014. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 1st day of May, 2014.
__________________________________
Shaunna Williams, Acting Town Clerk