HomeMy WebLinkAbout2014.1204.TCRM.Minutesz:\council packets\2014\r141218\141204m.docx Page 1 of 13
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
DECEMBER 4, 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 – Pastor Ken Groethe, Sheppard of the Hills Lutheran Church
* PRESENTATION OF TOWN PINS TO RETIRING COUNCILMEMBERS
Mayor Kavanagh advised that she would first like to acknowledge the dignitaries present in the audience --
Senator-Elect John Kavanagh and Mayor Jerry Miles -- and she thanked them for their attendance.
COUNCILMEMBER GINNY DICKEY
Mayor Kavanagh advised that Councilmember Henry Leger would present Councilmember Ginny Dickey with
her Town pin, accompanied by Councilmember Brown. Councilmember Leger noted that Councilmember
Dickey has served on the Council for over eight and a half years (elected in 2006) and he has had the pleasure of
serving with her as well as with Councilmember Brown who will join with him in awarding Councilmember
Dickey her pin. He said that it has been quite a journey and presented some brief remarks in an effort to
encapsulate what she has done and some of the things that she has been involved in. He said that during her
tenure on the Council she has been diligent in her leadership and understanding of issues and has been an
advocate for the environment, including recycling. He added that she has also promoted economic development
and improvements of Town infrastructure. He noted that she is a strong supporter of events and activities. He
advised that she also represented the Town on the Maricopa Association of Government's Regional Domestic
Violence Council and was a member of several subcommittees throughout her tenure. He stated that on behalf of
the Town of Fountain Hills and its residents he offered sincere thanks for all she has done for the Town and added
that they expect that her work will continue as it did prior to her being on the Council. He commented that she
has done an incredible job and has been a wonderful asset to the Town.
At this time, Councilmember Leger turned the microphone over to Councilmember Dickey and asked
Councilmember Brown to present her with the commemorative Town pin.
Councilmember Dickey thanked Councilmember Leger for his remarks and briefly touched on her family's move
in the 1970's from New York to Fountain Hills after a wonderful vacation at the Camelback Inn. She said that all
five children joined their parents in moving to Fountain Hills and it has been an honor to serve this community
that she has called home since 1983. She commented on her family's involvement in the Town and professional
accomplishments/careers and noted that they have four generations of family in Fountain Hills. She stated that
she is full of gratitude for all of the volunteers over the years, her wonderful Council colleagues throughout the
years and their dedicated staff. She also expressed appreciation to the residents, the newspapers -- everyone who
makes this Town what it is and acknowledged her patient and supportive husband, Jim, her friends and caring
family, some that they have lost and are missed. She added that she will also miss her routine of being a part of
the Council. She noted that she looked up the word "politics" and said it is Greek for "of, for or relating to
citizens" and stated that that is a positive thing. She advised that she and her husband will always have an eye on
public service and community and she is very happy to have had the chance to spend 31 years in this absolu tely
beautiful place. She added that she hopes that she has been able to help in some little way and thanked everyone
very much. She also welcomed the new Councilmembers and wished them the best of luck. She said that she
knows they will do wonderful.
COUNCILMEMBER TAIT D. ELKIE
Mayor Kavanagh advised that Councilmember Cassie Hansen would present Councilmember Tait Elkie with his
Town pin. Councilmember Hansen advised that many of them were introduced to and impressed by
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Councilmember Elkie when he volunteered to fill a vacant seat on the Council. She said that many more joined
the Tait fan club and elected him to the Town Council in 2010, where he has honorably served for the last four
and a half years. She stated that during his term in office, this marine veteran continued to support local Veterans'
organizations and in 2011 organized and sponsored a Veterans' Day event in the Town park to recognize and
honor their veterans. She described the very moving ceremony that took place and stated that Councilmember
Elkie has also actively supported the non-profit and service organizations in Fountain Hills that provide
professional services to the Town and do so much to enhance the community. She noted that his fiscally
responsible acumen led to the proposal to pay off the Town Hall bonds early, which saved the Town hundreds of
thousands of dollars, assisted in balancing the budget and ultimately resulted in a mortgage burning ceremony at
Town Hall. She pointed out that he is a local business owner and attorney and commented on the fact that he has
supported Teen Court, been an advocate for the business community and a regular participant and sponsor. She
advised that Liz Carpenter said that she learned in her four decades in Washington that one person can make a
difference and stated that that one person would be Tait Elkie and he will be missed. Councilmember Hansen
presented Councilmember Elkie with a commemorative Town pin.
Councilmember Elkie thanked Councilmember Hansen for her kind remarks and stated that it has been an honor
and a privilege to serve the residents of the wonderful Town of Fountain Hills and noted that he would do it all
over again as he has enjoyed his time serving on the Council and the good times far outweigh any controversial
ones. He said that while working on the Town's business he has made a number of friends along the way
through interaction with staff, citizens and fellow Councilmembers. He noted that in working with each of the
members, he has learned quite a bit and grown both on and off the dais and he genuinely appreciates their
friendship. He commented that Councilmember Hansen's knowledge about the Town and its history has been an
invaluable asset and added that she is never one to talk the most during meetings but the things that she does say
are always thought out, reasoned and carried a lot of weight with her fellow Councilmembers. He discussed
Councilmember Brown's knowledge and experience as a general contractor and said that has been a great help in
"cutting to the chase" and educating them all regarding the Town's construction projects. He added that he hopes
that the residents long remember that his knowledge saved the Town a significant amount of money on the
Downtown project.
Councilmember Elkie addressed Vice Mayor Yates and noted that his knowledge, experience and expertise will
continue to serve the Town well and he expects great things for him in the years to come.
Councilmember Elkie commented that one of the things that to him stands out about Councilmember Leger above
all else is that he does his homework -- well prepared, great questions and actively works towards achieving great
solutions and when necessary compromises. He added that he likes the fact that Councilmember Leger's favorite
word seems to be "civility."
Councilmember Elkie referred to Councilmember Dickey and said that much like Councilmember Hansen, her
knowledge of the Town and history has been a tremendous help in understanding issues and coming up with
viable and long-term solutions. He commended her on putting herself out there even when she might be the only
one and stated that that is tremendous and admirable and everyone should serve with the amount of passion,
caring and spirit that she has displayed.
Councilmember Elkie thanked Ken Buchanan, Andrew McGuire, Bevelyn Bender and Shaunna Williams and
noted that staff has done a great job during the great recession. He also thanked his wife Michelle for her
unwaivering love, support and guidance and said that without her he would not be where he is today and he loves
her.
Councilmember Elkie advised that he is extremely proud of what they have experienced together, particularly
during difficult economic times and expressed the opinion that they are a model for other cities and towns on how
to be fiscally responsive and do more with less. He added that it has been a pleasure and he appreciates the
opportunity, trust and confidence they placed in him in allowing him to serve their Town and their community.
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* ADMINISTRATION OF "CEREMONIAL OATHS OF OFFICE" TO NEWLY ELECTED OFFICIALS:
Linda M. Kavanagh - Mayor Nick DePorter - Councilmember
Henry Leger - Councilmember
Alan Magazine - Councilmember
Mayor Kavanagh announced that she will be sworn in by her husband, Senator-Elect John Kavanagh; Councilmember
Leger will be sworn in by Federal Administrative Law Judge Ted Armbruster; Councilmember -elect DePorter will be
sworn in by his dad, a retired Captain of the Los Angeles City Fire Department and Councilmember-elect Magazine
will be sworn in by his wife Cynthia Magazine, who is President of the Fountain Hills Friends of the Library.
Mayor Kavanagh, Councilmember Leger, Councilmember-elect DePorter and Councilmember-elect Magazine were
sworn into office at this time.
Mayor Kavanagh thanked all of the citizens of Fountain Hills for once again putting their trust in her and electing her
their Mayor and stated that she considers it an honor and a privilege to serve them and she will continue to do so to the
best of her ability. She advised that although there were so many people who helped her throughout her campaign,
there are three people that she does want to mention who worked hard to get her elected -- Mayor Jerry Miles, Sheriff
Joe Arpaio and her husband, Senator-elect John Kavanagh. She said that she believes their Town has made great
progress during her first term as Mayor and she will continue to work to maintain the good quality of life that they
have all come to enjoy. She commented that they are truly blessed to live in this beautiful Town and asked everyone
to work together to make it the best place to call home.
Councilmember Leger expressed his sincere gratitude to all of the voters who have entrusted him to serve another term
and gave a big thanks to his long-term supporters, his campaign team and his family -- his wife Janet and their two
daughters for their ongoing support and encouragement. He advised that it has been an honor and a privilege to serve
their Town and he has had the awesome opportunity of working with three Councils and collectively they have
accomplished a lot. He said he is very proud of working with his peers and of all their accomplishments and is looking
forward to working with the new members of the Council. He commented that he has been very committed to making
informed and strategic decisions that he believed were in the best interest of the Town for residents and businesses
alike. He added that there will be new challenges but he is very optimistic and confident about the future of their
Town. He stated that he too believes that they are blessed to live in such a fine place that they can call home and live,
work and play. He thanked everyone for their attendance and continued support.
Councilmember-elect DePorter thanked everyone for coming this evening and expressed appreciation to everyone who
supported him throughout his two campaigns. He said the second was a lot more fruit ful for him. He thanked the
residents for their faith in him and noted that he will always be available to his neighbors, friends, and everyone in the
community to help make a positive impact. He expressed appreciation to his family, in -laws, two children and his
parents and advised that he is honored to be able to serve with the other members of the Council and he looks forward
to getting to work on behalf of the Town.
Councilmember-elect Magazine stated that he and his wife Cynthia moved to Fountain Hills eight years ago and it
didn't take long to determine that they loved the Town and wanted from the start to give back in any way they could.
He advised that he is delighted to be sitting there and his wife has been very active with the Library Board. He
thanked the citizens of the Town for demonstrating their support for him and added that it is an honor to become a
member of the Council. He further stated that he is truly humbled to be sitting on the dais with the leaders of their
community and thanked his wife Cynthia for her continued love and support.
Mayor Kavanagh called on the other members of the Council to present their remarks.
Vice Mayor Yates stated that to be brief he just wanted to thank Tait and Ginny and said it has been a pleasure
working with them for the last two years. He commended Tait for his levelheaded, no nonsense approach to governing
and Ginny for providing a different point of view. He added that he truly enjoyed their discussions. He further stated
that he is looking forward to the next two years and working with this group because he thinks they are going to do
some fun things.
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Councilmember Brown also thanked Ginny and Tate for the hard work they have done for the Town. He expressed
appreciation to Ginny for her hard work and dedication and said that she, her guidance and her hard work have made a
significant difference in their Town. He reminded everyone that most of her tenure has been during the worst
depression that they have ever experienced in Fountain Hills but she stayed the course and made the decisions that
needed to be made. He added that he doesn't know anyone who came more prepared for every agenda item every time
and it showed. He said "God bless you -- now go out and enjoy your life a little." He thanked Tait as well for his
dedication and hard work and commented that the Town of Fountain Hills is a better place to live thanks to a number
of his decisions. He added that it was always interesting how he approached his line of questions and thoughts and the
tough decisions and tough votes that came before them time and time again became clearer and easier to vote on after
he put his unbiased comments on the table. He further stated that he knows that some of the professional sacrifices he
dealt with over the last four years were difficult and trying so he again thanked him for his time and energy for the
Town. He stated that it has truly been a pleasure.
Councilmember Hansen echoed Councilmember Brown's remarks about Ginny in doing her homework -- she went
through copious amounts of material and always seemed to bring in extra things for them. She added that she doesn't
know of anyone else who reads the minutes as thoroughly and takes the time to correct them and make sure that they
are accurate. She stated that it has been a joy to work with Tait and from the bottom of her heart she would like to
thank him for the memories -- and Ginny too -- and urged them not to be strangers. She welcomed the new members
of the Council and noted that they will make new memories.
Mayor Kavanagh thanked everyone for their comments and all of the members of the audience for their attendance.
* ROLL CALL
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Cecil
Yates, Councilmember Nick DePorter, Councilmember Dennis Brown, Councilmember Cassie Hansen,
Councilmember Alan Magazine 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 will read a Proclamation declaring December 2014 as Mountain Bike Month in the Town of
Fountain Hills.
Mayor Kavanagh advised that their community offers over 150 miles of mountain bike trails in and around Fountain
Hills and also hosts a number of mountain biking events both in Town and around the area. She noted that the
adjacent County McDowell Mountain Regional Park hosts five major mountain bike races annually, more than any
other bike venue and outlined the following race calendar events: Dawn Till Dusk, December 13, 2014; MBAA Race
- January 17, 2015; Fat Tire t0 - TBD and MBAA's MARC in the Park - March 28, 2015. The Mayor declared the
month of December as "Mountain Bike Month" in Fountain Hills and called upon all citizens to take a moment during
the month to appreciate the availability and current use of the mountain biking trails in and around their community.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor may review recent events attended relating to economic development.
The Mayor stated that she had a lengthy economic development report because of two MAG (Maricopa Association of
Governments) meetings she attended but because of the length of the ceremony she will put that off until the next
meeting.
ii) Update by Vice Mayor Cecil A. Yates regarding the recent Maricopa Association of Governments Regional
Domestic Council meeting held December 4, 2014.
Councilmember Yates thanked everyone for placing him on this Council and noted that he wa s able to take the seat
that former Councilmember Ginny Dickey once held. He provided some statistics discussed at the meeting and
reported that 30 to 60% of all domestic and child abuse are crossovers, meaning someone involved in one aspect has a
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30 to 60% chance of being involved in another. He added that 10 to 20% of all children witness some sort of domestic
violence per year. He further stated that in the sex industry 98% of the people in that industry usually have been
brought up in that industry or part of the trafficking industry. He advised that the main goal of this group, as with any
domestic violence group, is to end the cycle through education, funding, getting some of the people help who need
help. He added that the group is already talking about some really neat topics to get to the root of the cause and not
just after it happens but try and find out why it happened in the first place. He said that the group is looking to obtain
some grants at the State level to keep its operations ongoi ng and all the regional municipalities' law enforcement are
working together so that something happens with one individual in one municipality and then the individual goes and
does it again, there is some communication. He added that they also want to fast track these types of things and
explained that if an event happens it could take six months to go to court and during that time that one individual could
cause that much more damage and a lot of times the victims get scared or depressed because it takes so long and so
they rescind their claim and it doesn't get resolved. He stated that with having the NFL Super Bowl here this year
there are a lot of funding and public relations opportunities especially with what has gone on with the NFL during the
last year although it is a good and positive entity, group and business. He said that they are here to help and they have
already partnered with the Cardinals (every third down that the defense stops the opponent $1,000 goes towards this
group). He reported that with the Super Bowl coming, the O'Connor House is providing some free education to
anybody in the entertainment business, specifically hotels, taxi cabs, and things like that just to get educated and be
able to look for some of these things that might be happening right under their noses (access information at The
O'Connor House).
iii) Presentation regarding a celebration to occur on December 6, 2014 to commemorate the Town's 25th
Anniversary of Incorporation.
Tourism Specialist Grace Rodman-Guetter addressed the Council and highlighted a brief presentation relative to the
Town's 25th Anniversary of Incorporation Celebration, which will take place on Saturday, December 6th from 12:00
p.m. to 5:00 p.m. (Copy available on-line and in the office of the Town Clerk). She noted that the entire day will be
filled with special events and Breakfast with Santa will begin at 9:00 a.m. followed by the Town Celebration, Trees,
Trains and Wreaths in the Community Center from 12:00 p.m. until 4:00 p.m. She stated that during that time there
will be bounce houses and games in the Centennial Circle from 12:00 p.m. until 4:00 p.m.; an OK Choral Performance
at Avenue of the Fountains Plaza from 4:00 p.m. to 4:40 p.m.; a Ceremony Presentation from Mayor Kavanagh and
guest speakers at Avenue of the Fountains Plaza from 4:30 p.m. until 5:00 p.m. and refreshments and mementos at
Avenue of the Fountains Plaza beginning at 5:00 p.m. She reported that in celebration of the Town, their World
Famous Fountain will be going off at its full height of 560 feet every hour between 12:00 p.m. and 8:00 p.m. on
December 6, 2014. She invited Heather Ware and Mike Ciccarone up to the microphone to give a presentation.
Ms. Ware addressed the Council and said that she and Mr. Ciccarone, as residents of the Town and employees, are in
the unique position of understanding the value of their Town. She said that they thought it would be a neat idea to put
a video together of "25 Reasons to Love Fountain Hills." She reported that they had the blessing of the Planning
Committee so they came up with 25 things but they know there are many, many more. She stated that she hopes
everyone will enjoy it and come up with their own lists of 25 things they enjoy.
Mr. Ciccarone said he hopes everyone enjoys the video as much as they enjoyed making it. (At this time the video was
shown.)
The "25 Reasons to Love Fountain Hills" video included the following:
25. The Low Crime Rate
24. Four Wonderful Parks
23. Fountain Park Lake
22. The Skate Park
21. River of Time Museum
20. The Community Center
19. Amazing Volunteers
18. The Fire Department
17. The Veterans' Memorial
16. Great Special Events
15. Free & Low Cost Recreation
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14. Spectacular Golf Courses
13. Breathtaking Views
12. Abundant Hiking Trails
11. Botanical Gardens
10. The Public Art Collection
9. Numerous Restaurants
8. The McDowell Mountain Preserve
7. Excellent Schools
6. Many Senior Activities
5. An Active Faith Community
4. The Rotary Centennial Splash Park
5. Pet Friendliest Park
2. Civic Organizations & Clubs
1. The Small Town Feel
Mayor Kavanagh thanked Ms. Ware and Mr. Ciccarone for their hard work and said that they did a great job and the
video will be wonderful for tourism.
Mr. Ciccarone advised that the video is available on Channel 11, the Town's Website, Facebook and Twitter.
CALL TO THE PUBLIC
Town Clerk Bevelyn Bender advised that there were no citizens wishing to speak under this agenda item.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM NOVEMBER 20, 2014.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE CANCELLATION OF THE FOUNTAIN
HILLS TOWN COUNCIL MEETING OF JANUARY 1, 2015.
AGENDA ITEM #3 - CONSIDERATION OF CONFIRMING APPOINTMENTS PROPOSED BY MAYOR
KAVANAGH AS FOLLOWS TO SERVE ON TOWN COUNCIL SUBCOMMITTEES FOR THE PURPOSE
OF INTERVIEWING APPLICANTS FOR THE TOWN'S BOARDS AND COMMISSIONS FOR FY2014-15:
(I) COMMUNITY SERVICES ADVISORY COMMISSION - COUNCILMEMBERS NICK DEPORTER, ALAN
MAGAZINE AND VICE MAYOR CECIL YATES; II) MCDOWELL MOUNTAIN PRESERVATION
COMMISSION - COUNCILMEMBERS NICK DEPORTER, CASSIE HANSEN AND HENRY LEGER; (III)
PLANNING AND ZONING COMMISSION - COUNCILMEMBERS DENNIS BROWN, ALAN MAGAZINE
AND VICE MAYOR CECIL YATES; (IV) PUBLIC SAFETY ADVISORY COMMISSION -
COUNCILMEMBERS DENNIS BROWN, CASSIE HANSEN AND VICE MAYOR CECIL YATES; (V)
STRATEGIC PLANNING ADVISORY COMMISSION - COUNCILMEMBERS NICK DEPORTER, HENRY
LEGER AND ALAN MAGAZINE; AND (VI) - BOARD OF ADJUSTMENT - COUNCILMEMBERS DENNIS
BROWN, CASSIE HANSEN AND HENRY LEGER.
AGENDA ITEM #4 - CONSIDERATION OF APPROVING A BUDGET TRANSFER IN THE AMOUNT OF
$16,751.81 FROM THE GENERAL FUND - COMMUNITY SERVICES GOLDEN EAGLE PARK TO THE
VEHICLE REPLACEMENT FUND FOR PAYMENT TO A VENDOR FOR THE PURCHASE OF A
KUBOTA MOWER.
AGENDA ITEM #5 - CONSIDERATION OF APPROVING RESOLUTION 2014-48, ABANDONING
WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENT LOCATED AT THE SOUTHEASTERLY PROPERTY LINE OF PLAT 401B,
BLOCK 3, LOT 45 (17050 E. LEMA CIRCLE) AS RECORDED IN BOOK 155 OF MAPS, PAGE 12,
RECORDS OF MARICOPA COUNTY, ARIZONA. EA2014-11 (LARKIN)
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AGENDA ITEM #6 - CONSIDERATION OF APPROVING RESOLUTION 2014-47, ABANDONING
WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN PORTIONS OF CERTAIN PUBLIC
UTILITY AND DRAINAGE EASEMENT LOCATED AT THE REAR PROPERTY LINE OF PLAT 111,
BLOCK 7, LOT 6 (16603 E. ASHBROOK DRIVE) AS RECORDED IN BOOK 150 OF MAPS, PAGE 12,
RECORDS OF MARICOPA COUNTY, ARIZONA. EA2014-10 (VALDER DEVELOPMENT COMPANY,
LLC)
AGENDA ITEM #7 - CONSIDERATION OF APPROVING RESOLUTION 2014-49, ABANDONING
WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE HILLSIDE PROTECTION
EASEMENT AT EAGLES NEST PARCEL 11, LOT 235, AS RECORDED IN DOCUMENT 83117,
RECORDS OF MARICOPA COUNTY, (16007 N. RINGTAIL TRAIL). CASE NUMBER EA2014 -
12/HPE2014-01 (WILLIAM CROMMETT FAMILY TRUST)
AGENDA ITEM #8 - CONSIDERATION OF RATIFYING THE TOWN MANAGER'S CURRENT
EMPLOYMENT CONTRACT.
Vice Mayor Yates MOVED to approve the Consent Agenda as listed and Councilmember Leger SECONDED the
motion.
A roll call vote was taken with the following results:
Mayor Linda Kavanagh Aye
Councilmember Alan Magazine Aye
Councilmember Dennis Brown Aye
Vice Mayor Cecil Yates Aye
Councilmember Cassie Hansen Aye
Councilmember Nick DePorter Aye
Councilmember Henry Leger Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 2014-45, CONSIDERING BIDS RECEIVED
FOR THE PURCHASE OF GENERAL OBLIGATION BONDS OF THE TOWN, AUTHORIZING THE
ISSUANCE OF THE BONDS AND AWARDING THE CONTRACT FOR THE PURCHASE OF THE
BONDS.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and noted that the voters of the Town
approved a bond election on November 5, 2013 authorizing General Obligation (GO) Bonds sufficient to reconstruct
Saguaro Boulevard. He reported that the bids for the sale of the bonds were received today at 10:00 a.m. and the
bonds will be sold with a maturity date of five years. He said that the Town successfully completed the sale of
$7,765,000 GO bonds as of this morning and received eight bids and the recommended successful bidder was Janney
Montgomery Smith LLC. He noted that the public pamphlet listed an interest rate of 5% with an estimated tax rate of
51 cents per $100 assessed value per household and the Town exceeded what was listed in the public pamphlet. He
reported that the bond size was reduced from $8,200,000 to $7,765,000 as a result of a favorable construction bid
climate. He added that the interest has been bid at 2.3% and the tax impact was reduced to an estimated 41 cents per
$100 assessed value. He further stated that in the process, the rating agency Moody's Investor's Service reaffirmed the
Town's AA2 bond rating which favored into the interest rate. He asked Bond Counsel and the Investment Banker to
come forward and said that they will be able to answer any questions from the Council.
Jim Strickland, a financial advisor with Web Bush Securities, came forward to address the Council and answer any
questions they might have.
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Councilmember Leger thanked Mr. Strickland for sticking with the Town for so long and putting together such a great
product. He asked Mr. Strickland to reiterate the interest rate.
Mr. Strickland reported that the average coupon on the bonds is 2.33% but the purchaser actually paid a premium for
the Town's bonds -- they paid the Town $319,000, which will buy down the yield to the investors in what ultimately
the Town has to repay to just over 1% -- the Town's bond yield is just over 1%, which is amazing.
Councilmember Leger thanked Mr. Strickland for his good work and the good news he just shared.
Mayor Kavanagh also expressed appreciation to Mr. Strickland.
Mr. Buchanan advised that it is the recommendation of staff to approve Resolution 2014-45 awarding the sale of not to
exceed $8.2 million aggregate principal amount of Town of Fountain Hills Arizona General Obligation Bonds, Series
2014.
Councilmember Leger MOVED to approve staff's recommendation as listed above by the Town Manager and Vice
Mayor Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #10 - CONSIDERATION OF CUT & FILL WAIVERS FOR "PARCEL B AT FIREROCK,"
A MULTI-FAMILY PROJECT LOCATED ON THE NORTHEAST SIDE OF FIREROCK COUNTRY CLUB
DRIVE. CASE #CFW2014-01.
Senior Planner Bob Rodgers addressed the Council relative to this agenda item and explained that this request is for
cut and fill waivers that will allow a 64 multi-family condominium development in 32 buildings in Parcel B at Firerock
Country Club located on the northeast side of Firerock Country Club Drive between the 10th Fairway and the Driving
Range. He reported that Parcel B contains 14.63 acres. He highlighted a brief PowerPoint presentation on this item
(Copy available on-line and in the office of the Town Clerk) and discussed the following:
* Vicinity & Zoning
* Current Use (Vacant)
* Topographic Plan
* Concept Plan
* Artist's Renderings
* Floor Plan Variations
* Building Elevations
* Paired Building Elevations
* Colors & Materials
* Cut & Fill Waiver Plan
Mr. Rodgers explained that one fill waiver is being requested and it is greater than 10 feet in height and provided
additional details relative to the request. He expressed the opinion that it is necessary for this waiver to be granted for
safe access. He added that there are four levels of cut waivers being requested and most of the cuts are necessitated by
the roadway construction, its location and the need to connect smoothly and safely into the driveways. He noted that
Planning & Zoning approved the Concept Plan at their November 13th meeting and also voted to forward a
recommendation to Council to approve the cut and fill waivers subject to the stipulations outlined in the Staff Report.
He added that staff also recommends approval of the cut and fill waivers subject to the stipulations in the Staff Report.
He indicated his willingness to respond to any questions and said that the applicants are present and have indicated that
they would like to make a presentation of their own.
Councilmember Magazine asked whether he was correct that there will be a total of 152 units and Mr. Rodgers
clarified that there will be 64 units and 32 duplex buildings. Councilmember Magazine asked whether there is any
indication of when construction can begin and Mr. Rodgers replied that the applicant will be able to respond to that
question. Councilmember Magazine asked if the project is within a Homeowners' Association area and Mr. Rodgers
responded yes, it will be under the control of the Firerock Homeowners' Association.
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Councilmember Magazine asked what the Town's policy is as far as notification/communicating with Homeowners'
Associations in these types of situations.
Mr. Rodgers advised that everyone within 300 feet of this property was sent a letter but he is not sure whether there
was any direct contact with the Homeowners' Association unless they got a letter as well. He added that he does know
that the Homeowners'' Association reviewed the proposal. He confirmed there was no policy but the practice is if there
is a condominium or apartment project that has a Homeowners' Associations then they are typically sent a letter as well
as the residents within 300 feet.
Councilmember Hansen asked whether they are also covered by the Firerock Community Committee of Architecture
and he replied that he believes they are.
Wendy Rydell, attorney with the law firm of Berry Riddell and Rosensteel, LLC and the legal representative for Toll
Brothers, the applicant in the case, addressed the Council and said that Toll Brothers is a nationally recognized home
builder that has been building homes throughout the Valley/country for the last four decades. She noted that they have
built some very successful communities throughout the Valley and highlighted a brief PowerPoint presentation (Copy
available on-line and in the office of the Town Clerk) that included:
* Pictures of some of their successful developments in Arizona
* Toll Brothers is very excited about this site and had a design competition for this site participated in by two very
talented designers who submitted proposals for the site
* Site Location
* Local Site Context
* Proposed site reduction in density that had been approved (from 84 to 64 paired homes)
* Original Approved Plans compared to the Current Plan Proposals (Designs, Cut & Fill Waivers)
* Vertical Massing Comparisons (64 paired homes)
* Landscape Design – natural Sonoran landscape consistent with the softer footprint
* Approvals obtained from Chaparral City Water, Fire Department, Police, Sanitary District, SRP, Town Staff and
Planning and Zoning Commission (by unanimous vote)
* Firerock Community Association's Support and Approval for the Design Direction & Land Planning
* Signage and Monumentation
Ms. Rydell concluded her presentation and stated that they would appreciate a recommendation for approval and she
would be happy to respond to any questions from the Council.
Councilmember Hansen commented that she thinks the applicant has provided a "better mouse trap ," the comparisons
that were provided really contrast (the original to the current) and she added that she appreciates the reduction in
density and all the massing. She stated that most significant is getting the buildings off of the ridge top and nestling
them into the property. She added that she thinks it looks like a really nice project.
There were no citizens wishing to speak on this agenda item.
Councilmember Brown thanked Toll Brothers for coming to Fountain Hills and for the first time in years hopefully
investing money in the Town. He noted that it was a big undertaking to produce and build on a site like this as well as
Adero Canyon, which they have looked at. He advised that he doesn't go around the neighborhoods driving through
subdivisions and looking at them but when he has driven by a Toll Brothers project, he always noted that it was clean,
well built, high end and always looked good at the end of the day. He stated that he thinks that is the look that they are
truly after. He said he would also like to talk about their product and advised that he truly thinks the architects that
came up with their product did an outstanding job -- it is a fresh and outstanding look, it's clean, it fits the site and it
had to be a team effort with their land development company. He commented that Swaback, as this Council knows, is
probably one of the best in America and he complimented them for finding the time, energy and money to hire them
and let them do what they did. He noted that with the two combined and as well as the project was presented and as
good as it looks, he doesn't think the Council would be serving their community properly by denying this cut and fill.
He further stated that he feels like they have done their homework and the project has an A+ look compared to what
they did have and he really thinks they have a good looking project.
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Councilmember Brown MOVED to approve the Cut & Fill Waiver for "Parcel B at Firerock," a multi-family project
located on the northeast side of Firerock Country Club Drive as presented and Councilmember Hansen SECONDED
the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 2014-50, APPROVING THE REVISED TOWN
ORGANIZATIONAL CHART FOR THE ADMINISTRATION DEPARTMENT AND THE COMMUNITY
SERVICES DEPARTMENT, THE 2014-15 PAY PLAN AND THE SCHEDULE OF AUTHORIZED
POSITIONS AND EMPLOYEE JOB DESCRIPTIONS TO RECLASSIFY THE PARK ATTENDANT
POSITION, TO RETITLE AND RE-RANGE THE PART-TIME TOURISM ASSISTANT POSITION TO A
FULL-TIME TOURISM COORDINATOR AND TO CONVERT THE PART-TIME ECONOMIC
DEVELOPMENT SPECIALIST POSITION TO FULL-TIME; AUTHORIZING THE NECESSARY
BUDGET TRANSFER; AND AUTHORIZING A CHANGE TO THE ALLOCATION OF EXCISE TAX FOR
ECONOMIC DEVELOPMENT AND DOWNTOWN STRATEGY.
Administrative Services Director Grady Miller addressed the Council relative to this agenda item and stated that before
the Council is a request for three mid-year changes relating to personnel. He highlighted a brief presentation on this
item, copies of which are available on line and in the office of the Town Clerk. His presentation covered the
following:
* Background
* Summary of Requested Council Actions
* Part-time Economic Development Specialist position to Full-time
* Part-time Tourism Assistant position re-titled and re-ranged to Full-time Tourism Coordinator
* Part-time Park Attendant position reclassified to Part-time Lead Park Attendant position
* Administration Department Organizational Chart
* Community Services Organization Chart
* Revised Job Descriptions and pay plan for FY 2013-14
* Revisions to Resolution 2014-50 – FY2013-14 Budget Implementation
* Associated budget transfer and Reallocation of Excise Tax from 40% Downtown Strategy and 60% Economic
Development to 80% Economic Development and 20% Downtown Strategy
Mr. Miller indicated his willingness to respond to any questions from the Council.
Vice Mayor Yates asked what the net result will be going from 60% to 80% on the Excise Tax (the amount of money
that they are not going to be putting into the Downtown Fund).
Mr. Miller reported that currently it is $117,540 and that would go down to $58,788.
Vice Mayor Yates advised that he views Tourism and the Economic Development as investments that they do need
because they are more business development, advertising, and marketing and they have had this discussion before
about using business models and right now on advertising most organizations spend 6 to 8% and the Town is spending
the $50,000 stipend they inherited to do this. He stated that one business can generate $26,000 in sales tax revenue
alone and that is a modest $1 million in gross sales. He said that hopefully they can pay for these two positions five or
ten times over just in the work that they would produce. He added that he is a strong proponent of this.
Councilmember DePorter advised that he too is a st rong supporter and having both of these positions on board all the
time will make a big difference. He stated the opinion that it is a very good use of their time and Town funds.
Mr. Miller noted that in the job description for the Tourism Coordinator one of the duties is to seek out grants to help
pay for some of the marketing and tourism efforts that they do and he knows that the Arizona Office of Tourism has
grants that they have made available in the past and the Tourism & Sports Authority has also made grants available so
there are opportunities out there that they could leverage with their own resources to make their dollars go further. The
Vice Mayor noted that Sports Teams also have grants available.
Councilmember Magazine pointed out that the previous Council established economic development as its No. 2
priority with roads being No. 1; he and Councilmember DePorter are both former Chairs of the Strategic Planning
Advisory Commission (SPAC) and helped put together the implementation of the Economic Development
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Implementation Plan, which is very complex and takes an enormous amount of work and it will take a long time to see
any results. He spoke in favor of Scott Cooper who he said has done an outstanding job working about half time
although he doesn't believe it was really half time. He noted that when you look at trying to work with the businesses
that are here and trying to retain them in the community and trying to encourage other businesses around the Valley to
think about Fountain Hills and increase the population of the Town .... on and on.... the Implementation Plan was so
big and had a lot of recommendations and here they have a half-time person. He advised that personally he would like
to have three Scott Coopers but he does want to say Mr. Cooper worked very closely with the SPAC, did an
outstanding job and he certainly hopes Council will support a full-time position for him.
Councilmember Leger advised that he is certainly in support of this resolution and commented that those of them that
have been there for a bit will recall that when they brought Mr. Cooper and Gracie on, the intent was to later on take a
look at making them full time as things developed. He stated that just based on their performance, Gracie has done a
tremendous job and Scott has done a tremendous job and he thinks the time is now to move forward and he is certainly
in favor. He added that for the benefit of the public, it appears in some press that they are adding two full -time
positions and he wants to make it perfectly clear that these folks were already on board and they are simply increasing
their hours and not at the expense of additional dollars because they are reallocating their Excise Tax formula and that
gap between moving the Downtown Development Fund from 40 to 20%, which frees up $58,752, and that covers the
cost for this so they are just changing the formula and they are not really looking at increasing the budget in any
fashion. He thanked Mr. Miller for his analysis and presentation.
Councilmember Brown commented that this really does feel good -- the last six years all they have been able to do is
lay people off and downsize and they are finally able to talk about bringing their Town back to life and he agrees that
they are on the right track with the Economic Development Specialist being full time and he is sure glad to see that
they are going to be giving Parks & Recreation just a little bit of support. He noted that the organization has worked
itself to death so he is fully supportive of everything that they are doing with this.
Mayor Kavanagh advised that she is not going to reiter ate everything that everyone has said but she agrees with what
has been said here. She stated that she works very closely with Grace and she has done a great job and she knows that
the Community Services Director Mark Mayer has also spoken highly of her and the Mayor added that she has also
enjoyed working with Rachel. She said that she works very hard and there is never enough time to complete her job.
She further stated that as for Scott Cooper, not only observing herself the great job that he has done but GPEC (Greater
Phoenix Economic Council) has also said that Scott is a great asset -- not only to the Town but in working with GPEC
so they also have some outside opinions on their good choice. She further stated that they certainly do not want to los e
either of them to some other town.
Councilmember Hansen said that at their last meeting Councilmember Leger came up with a very good idea when she
brought up the issue of possibly adding a couple of more lights at the end of the medians at Saguaro and The Avenue
to try to illuminate that intersection a little bit. She pointed out that it was said they really couldn't use bond money
because that hadn't been specified but Councilmember Leger brought up that possibly they could use some of the
Downtown Funds for that purpose. She advised that her only concern is that if they are changing the division between
these two that that would impact the possibility of having adequate funds for the lights, which to her are a public safety
thing.
Councilmember Leger stated that kind of anticipating that as part of this whole process, the need to talk about it, he
thinks they are left with a balance of close to $1 million still in the Downtown Fund and they will be placing in there a
significant amount of money to at least pay for that project but there is a balance there. He added that they may recall
that when they went to the 40-60% split they preserved 100% of the Downtown Fund for The Avenue project and he
noted that having come in under budget there is a significant balance there so he believes they can do that. He noted
that they have a Retreat on the 29th and said they could talk about it then.
Mayor Kavanagh asked Mr. Miller if there was anything he would like to add to that and he responded that that is
probably more of a Town Manager question but stated that concluded his presentation and he appreciates the
comments.
Town Manager Ken Buchanan said that they can certainly talk about it on the 29th.
Vice Mayor Yates MOVED to adopt Resolution 2014-50 to implement the recommended Council actions and
Councilmember Magazine SECONDED the motion.
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There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #12 - 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 nothing to report on at this time.
Vice Mayor Yates advised that he had the opportunity this week to speak to some of their staff as well as the Secretary
of State-Elect and State Senator-Elect regarding HB 2111 and the TPT (Transaction Privilege Tax) and how it will
affect their small businesses, primarily the sole proprietors, plumbers, electricians, things like that and he would like
them to at least give him the permission to do it or send a formal update to try and find out exactly how this is going to
affect those businesses. He explained that if a plumber goes and buys a disposal in Mesa at this point from what the
discrepancy is they are paying the tax in Mesa and collecting the tax in Fountain Hills but they are not getting their
share. He added that he knows this was the part that they were trying to make this understandable but there is still
some discrepancy especially with some of the accountants on how this is going.
Mayor Kavanagh said that she would suggest that the Vice Mayor contact Ken Strobeck at the League because he has
a committee set up that is looking into the TPT since the construction right now is in negotiations to make some
changes and they haven't mentioned any change to that, they were just talking about the percentage of remodel (what
they are negotiating right now). She advised that she already spoke to Councilmember Brown because they are
offering 15% so they do have a specialist who is looking into that and if the Vice Mayor contacts him perhaps he will
then bring back a report for the Council.
Vice Mayor Yates indicated his intention to move forward with that.
AGENDA ITEM #13 - 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 #14 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER.
Mayor Kavanagh explained to the two new members of the Council that this is where the Councilmembers get to say
anything they want to say, maybe there is something they have done that they want to share or discuss a meeting, this
is that opportunity.
Vice Mayor Yates announced that The Plaza on the Avenue is now open and the fences are down and he has seen
people enjoying it already, walking their dogs, enjoying the seating, the covering and at this time the holiday lights are
going up. He urged the residents to make it down there especiall y this Saturday for Stroll in the Glow and the 25th
Anniversary of Fountain Hills.
Mayor Kavanagh pointed out that they do have doggie bags (6,000 have been ordered so there are plenty for anybody
walking their dogs).
Mayor Kavanagh wished all of the Town's Jewish residents a very Happy Hanukah from all of the Council.
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AGENDA ITEM #15 - ADJOURNMENT
Councilmember Brown MOVED to adjourn the meeting and Vice Mayor Yates SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 8:10 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 4th day of December, 2014. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 18th day of December, 2014.
_____________________________
Bevelyn J. Bender, Town Clerk