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TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
APRIL 7, 2016
EXECUTIVE SESSION
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the Executive Session to order at 5.02 p.m. in the Fountain Conference Room - 2nd Floor.
AGENDA ITEM #1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO : (1)
A.R.S. § 38-431.03(A)(3), DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE
ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY, AND (2) A.R.S. § 38-431.03(A)(4), DISCUSSION
OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS
POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY’S POSITION
REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR
CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO
AVOID OR RESOLVE LITIGATION (SPECIALLY, PARK PLACE DEVELOPMENT AGREEMENT).
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Councilmember
Cassie Hansen, Councilmember Dennis Brown, Councilmember Nick DePorter, Councilmember Cecil Yates and Alan
Magazine.
Vice Mayor Henry Leger was absent.
Town Manager Grady E. Miller, Town Attorney Andrew McGuire, Gust Rosenfield Attorney Kelly Williams, Planner
and Zoning Administrator Robert Rodgers and Town Clerk Bevelyn Bender were also present.
Councilmember Yates MOVED to go into Executive Session at 5:02 p.m. and Councilmember Brown SECONDED
the motion, which CARRIED UNANIMOUSLY (6-0), by those present.
AGENDA ITEM #2 - ADJOURNMENT.
The Mayor adjourned the Executive Session without objection at 6:20 p.m.
REGULAR SESSION
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:34 p.m. in the Town Hall Council Chambers.
* Mayor Kavanagh requested a moment of silence.
* ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh,
Councilmember Nick DePorter, Councilmember Dennis Brown, Councilmember Cassie Hansen, and
Councilmember Cecil Yates, Councilmember Alan Magazine.
Vice Mayor Henry Leger was absent.
Town Manager Grady E. Miller, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also
present.
Mayor Kavanagh announced that item # 7 on the Town Council’s agenda had been postponed at the request of Town
Manager Grady Miller.
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* MAYOR'S REPORT
i) MAYOR KAVANAGH MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC
DEVELOPMENT
Mayor Kavanagh gave her update from the MAG Regional Council meeting and stated MAG was conducting a survey
of 7,000 households related to their travel habits and wanted residents to know that MAG representatives would
identify themselves as working for the Maricopa Association of Governments. Mayor Kavanagh requested residents
input because the information would be very valuable in determining the Town’s future transportation needs. She
added that the famous dust storm nicknamed the “Haboob” had brought a demand from the EPA verifying that Arizona
did not cause the enormous dust cloud. She stated that after the submittal of a two foot high stack of documents, the
EPR accepted that we live in the desert and dust storms do happen in nature. However, an outside law firm was suing
challenging the EPA’s ruling and that unfortunately your dollars will be used to fight this frivolous lawsuit. Mayor
Kavanagh explained that MAG was studying alternate freight routes around Arizona and that she expressed her
concerns that these alternative freight routes could bring truck traffic into the smaller municipalities, which the Town
does not want. She pointed out that she was assured that the alternate routes would only be used if the current route s
were not available and most important that the alternate routes chosen would not be considered if the Town was
opposed to them. Mayor Kavanagh noted that this issue would be watched closely.
Mayor Kavanagh reported that they also discussed the new EPA regulations reducing the 8-hour ozone standard from
.075 to .07 parts per million. She added that while no one had any objections to clean air, the EPA counts vegetation
ozone as part of our problem accounting for the State’s 58% of the ozone. She stated the opinion that it ridiculous and
had asked if the State cut down the Tonto National Forest would the State get a reduction in ozone count from the EPA
and they had answered they would. She added that they were still fighting the transport ozone, which the EPA was
holding the state responsible for regardless that the transport ozone was blown here from California and Mexico.
Mayor Kavanagh explained if a company was downwind from a factory either located in California or Mexico and was
increasing the ozone count over the Arizona business, the Arizona businesses would not be able to expand until that
level was reduced and could face fines even though the Arizona business had no control over the air blowing their
way.
CALL TO THE PUBLIC
Paul M. Getty, a Fountain Hills resident, stated he was advised that item #7 on tonight’s agenda was postponed relating
to Fountain Hills right to vote in the Salt River Project’s elections. Mr. Getty proposed resolution was a citizens’
rights issue and not a solar aggrieve attempt. Mr. Getty pointed out that he had explained to the Council that voting
rights would take action by the State’s Legislature and that the Salt River Project (SRP) had sent him an explanation
that the Board of Director’s themselves could not expand the 1937 SRP’s District boundaries. He also maintained that
he did not have ties to the solar industry and felt that the Council should be the advocate for our citizens to have voting
rights and representation on Salt River Project’s Electric Utilities Board of Directors, just as SRP had government
representative’s attempting to influence the Town of Fountain Hills.
Lina Bellenir, a Fountain Hills resident stated she wanted to make public an incident that took place one-year ago
involving she and Councilmember Magazine. She explained that Councilmember Magazine obtained her personal and
private cell phone number and had threatened her and her family and instructed her to not challenge him on his threat.
She stated he would not let her respond and hung-up the phone. All because she questioned and determined which
member of Council had threaten the Extended Hands Food Bank with defunding and tried to force them out of Town,
which she stated was Councilmember Magazine. Ms. Bellenir obtained a letter through the Town’s public records
request process and because of the negative comments and threats, Pastor Iverson and their Food Bank Board of
Directors had expressed they would terminate their contract for the next fiscal year and she noted that Councilmember
Magazine had since given Pastor Iverson an apology. Ms. Bellenir then stated her support for the Food Bank. She
added that she had felt distressed over the situation and after some consideration decided to file a formal complaint
including a letter to the Town Manager requesting an apology from Councilmember Magazine; she was asking him to
acknowledge his behavior, which he refused to do. She remarked that the Town had hired a mediator and she met with
him, Councilmember Magazine declined, so she filed a formal complaint and was required to list the Town Code she
believed he had violated. The Town then hired a retired Court of Appeals Judge currently working as an Ethics
Officer and Councilmember Magazine had met with him and to whom she expressed the affect Councilmember
Magazine had made on her and continued that Judge Cecil Patterson in a seven page memo noted that Councilmember
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Magazine did violate four provisions of the “Town’s Code of Ethics”. Judge Patterson’s finding sustained his behavior
and threat as harsh and offensive and he did not conduct government openly, efficiently, equitably nor honorably. She
continued that it was stated that his behavior did not safe guard public confidence and integrity of Town government
nor the spirit and intension incorporated in the Code of Ethics, which all elected officials were required to sign and had
been missing throughout his conduct. She observed that this issue was then discussed in close session where she was
not allowed to participate and stated she disagreed with this action. Ms. Bellenir explained she understood that
executive sessions were held to discuss issues involving paid employees and since Councilmember Magazine was an
elected official, this matter should have taken place in an open setting. She expressed how grateful and thankful she
was for the Town taking this issue seriously in trying to resolve this matter. She reported that Town Manager Miller
told her that Councilmember Magazine was told he needed to make it right and ap ologize. Ms. Bellenir stated that
early this year a meeting was scheduled but she could not attend due to health issues. She continued that a few weeks
ago another meeting was held but she left due to Councilmember Magazines behavior through insults and making her
feel threatened.
Ms. Bellenir expressed her feelings toward public officials and that their actions that should be genuine and sacrificial
along with the need for humility in politics. Ms. Bellenir requested that this incident be placed as an agenda item and
hoped the “Town Code of Ethics” would be amended to include a provision requiring open discussion of such
violations with public rebuke and a required apology by the offended and accountability of our elected officials. She
added that she believed in the freedom of speech and noted all she wanted was an apology.
Mayor Kavanagh announced that Ms. Bellenir had requested additional time so she could complete her statement and
she had granted her request.
Councilmember Magazine asked the Mayor for the rules of procedure so he could respond. Town Attorney McGuire
added that under the State Meeting Law on the provision of public address such as just rendered Councilmembers were
not allowed to respond to inter dialog but there was a provision that allowed Councilmembers to respond to criticism.
Councilmember Magazine proclaimed that Ms. Bellenir had grossly embellished along with fabricating the situation
when she accused him of threatening her family was not correct and explained that he did not shout at her, but instead
it was her shouting at him. Her statements about the Food Bank were totally false and that he did not want the Food
Bank to leave Town, and was a supporter of the Food Bank. Councilmember Magazine pointed out that as a part of
the budget and performing his due diligence, he had met with one of the Food Bank members to ask questions and had
also requested documents and materials to help him when voting his full support of the $23,400 approved for the Food
Bank. Councilmember Magazine expressed how this had been blown out of proportion and that he felt the excerpts of
the report of opinions, labeled as facts, were from five quotes given by Ms. Bellenir, which were used as the basis for
Judge’s findings. Councilmember Magazine maintained he did nothing improper and pointed out the comments made
by Ms. Bellenir on Facebook accusing him, without asking him, of wanting the Food Bank to leave Town. He stated
that he felt defamed and had called her on the phone and said if she continued to make these accusations he would sue
her for defamation and her response had been that she had heard he wanted to raise taxes. Councilmember Magazine
maintained that it was public knowledge that his position was favoring a primary property tax because the Town was
running a $6M cumulative deficient. He stated that he told her that if she continued with the Facebook remarks and he
quoted “Lina don’t test me” and then he said “Lina, have a nice day” before hanging up the phone. Councilmember
Magazine felt a lot of her remarks were off the wall and in her imagination.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING MEETING MINUTES FROM MARCH 8 and 17,
2016.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING A COOPERATIVE PURCHASE AGREEMENT
WITH RED HAWK SOLUTIONS LLC FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE
INTERSECTION OF PALISADES AND FOUNTAIN HILLS BOULEVARD, IN AN AMOUNT NOT TO
EXCEED $118,181.97.
AGENDA ITEM #3 - CONSIDERATION OF COOPERATIVE PURCHASE AGREEMENT C2016-247
BETWEEN M.R. TANNER DEVELOPMENT AND CONSTRUCTION, INC. AND THE TOWN OF
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FOUNTAIN HILLS FOR McDOWELL MOUNTAIN ROAD REPAIRS IN AN AMOUNT NOT TO EXCEED
$75,897.82.
AGENDA ITEM #4 – CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH
HEINFELD, MEECH & CO., P.C. FOR FINANCIAL AUDITING SERVICES IN THE AMOUNT OF
$110,725.
AGENDA ITEM #5 – CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF TO AUTHORIZE
APPROVAL OF THE SUPPLEMENTAL SRP MUNICIPAL AESTHETICS FUND PROJECT: EL PUEBLO
AND GRANDE CONVERSION AND 69 kV POLE REPLACEMENT.
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:
Mayor Linda Kavanagh Aye
Councilmember Nick DePorter Aye
Councilmember Dennis Brown Aye
Councilmember Cecil Yates Aye
Councilmember Cassie Hansen Aye
Councilmember Alan Magazine Aye
Vice Mayor Henry Leger Absent
The motion CARRIED UNANIMOUSLY (6-0), by those present.
REGULAR AGENDA
AGENDA ITEM #6 - CONSIDERATION OF ACCEPTING A DONATION OF A BRONZE SCULPTURE
TITLED “AVIATOR” WITH PLACEMENT IN FOUNTAIN PARK.
Mark Mayer, Community Services Director, presented the agenda item for the Public Art Committee requesting
Council accept a donated bronze sculpture titled, “Aviator” by Colorado artist George Lundeen. Mr. Mayer noted the
donors of the piece were Walter and Betty Martin and valued at $6,000.00 and that the proposed placement would be
in Fountain Park adjacent to the Veterans Memorial. Mr. Mayer also pointed out that the Martin’s had previously
donated the “Fred and Ginger” art piece that resided in Fountain Park.
Mayor Kavanagh asked for the height of the sculpture. Mr. Mayer answered it was 38” tall x 32” Wide x 13” deep and
would be placed on a pedestal. Councilmember Yates asked if there could be a safety issue with the propeller included
in the piece. Mr. Mayer reported that he had been assured that after the sculpture was placed on the pede stal the height
of the propeller would be okay. Mayor Kavanagh asked if the donors or representatives from the Publc Art Committee
were in attendance. Mr. Mayer answered that none of them were available to attend the meeting.
Councilmember Magazine MOVED to approve the donation of a bronze sculpture titled “Aviator”. Councilmember
DePorter SECONDED the motion. The motion CARRIED UNANIMOUSLY (6-0), by those present.
AGENDA ITEM #7 – DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING POLICY
DIRECTING SALT RIVER PROJECT’S GOVERNANCE.
Mayor Kavanagh announced at the beginning of the meeting that this agenda item had been postponed by Town
Manager Grady Miller. Councilmember Brown requested this item placed on the next third agenda forthcoming.
Mayor Kavanagh and Town Manager Miller both acknowledged his request.
AGENDA ITEM #8 – CONSIDERATION OF AN APPEAL OF THE ADMINISTRATIVE ISSUANCE OF A
TEMPORARY USE PERMIT ALLOWING THE COPPERWYND RESORT TO CONDUCT WEDDING
EVENTS AND RECEPTIONS BOTH INSIDE THE RESORT AND ON THE OUTDOOR EVENT LAWN
AFTER 10:00 P.M.
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Robert Rodgers, Planner and Zoning Administrator presented a PowerPoint presentation (available on-line and in the
Town Clerk’s office) and stated this application was an appeal by Kim Anderson and others of the administrative
issuance of a temporary use permit to the Copperwynd Resort allowing wedding receptions functions and outdoor
entertainment and other activities after 10:00 P.M. and most commonly until 12:00 P.M. He explained that most of the
activities would be held at the northwestern end of the property on the lawn with the nearest residence approximately
253’ to the east. Mr. Rodgers stated that temporary use permits have been requested by Copperwynd and issued by
him since 2005, with no complaints.
Mr. Rodgers brought up that in 2013, Town Council had amended the Zoning Ordinance to allow the administrative
issuance of temporary use permits to help promote events and similar activities within the Town. He explained that
within the amendment it stated that if an objection was made to the issuance, staff was to stop issuing the permits until
the appeal could be heard and a decision made by Town Council. Mr. Rodgers added that Copperwynd had been very
diligent in requesting permits and informing the residents of any activities lasting past 10:00 P.M. He believed that an
occasional wedding reception or outdoor party at the resort would not jeopardize the surrounding area with event
activities being audible and lasting later on occasions. Staff suggested Council deny the appeal and approve the
issuance of the temporary use permit for Copperwynd Resort events subject to the standard conditions of the past.
Mayor Kavanagh asked how many events on average per month are held. Mr. Rodgers stated on average two with
summer months showing no events. Mayor Kavanagh questioned that there were no rules to limit the number of
events and an event could take place every week-end, if requested and Mr. Rodgers agreed. Councilmember Hansen
asked if there had ever been a problem and Mr. Rodgers answered that no previous complaints had been received.
Councilmember Magazine asked if all the events were held outside on the lawn. Mr. Rodgers stated that it appeared to
be a combination of inside and outside with receptions held on the lawn. Councilmember Yates asked how many go
past 10:00 P.M. and Mr. Rodgers answered that Copperwynd was only required to request a permit if the event lasted
past 10:00 P.M and their requests averaged two per month.
Kim Anderson, a Fountain Hills resident at the Villas at Copperwynd, stated she had filed the complaint with the Town
after calling Copperwynd to discuss the excessive loud music and stated that during these outdoor events she could
hear every song played inside her home. The response from Copperwynd had been that they had permission from the
Town for these events. She pointed out that the previous owners of the resort did not play music after 10:00 P.M. She
made the observation that the resort property was adjacent to 108 condominiums and numerous single family homes
who were impacted by the loud music with bass pounding noise coming from subwoofers and that the sound traveled
into the canyon and echoed off the near-by mountains. She explained that her windows do not keep the sound out and
sitting on their outdoor patio areas were affected. Ms. Anderson added that it was almost impossible to fall asleep
because the music sometimes began after dinner and lasted until 12:00 P.M. She was requesting Council deny outdoor
event permits after 10:00 P.M. at the Copperwynd Resort.
Ms. Anderson continued that after filing her complaint with the Town she received a call from Bill Hinz, owner of the
Copperwynd Resort requesting she and her husband meet with him and his event manager the next day on the outdoor
lawn to discuss her complaint. She noted that both Mr. Hinz and the events manager apologized and expressed their
desire to work together to resolve the problem. She added that informal sound tests were made by a sound technician
and he proposed four solutions (i) to reduce the sound from the events as facing the speakers towards the resort
building rather than facing the neighboring homes, mountains and canyons, (ii) stop using subwoofers eliminating the
“boom” sound, (iii) overall music sounds less than or equal to 90 decimals, and (iv) have the music moved inside at
10:00 P.M. She added that the events manager said he could add these four requirements to their event contracts. Ms.
Anderson said she was not opposed to outdoor events at the resort with a workable solution acceptable to all parties.
Ms. Anderson thanked Mr. Hinz and the events coordinator for their effort.
Councilmember Magazine asked if moving everyone inside at 10:00 P.M. had not been tested, how would you know if
this action would eliminate the problem. Ms. Anderson responded that if the resort instituted these changes and it
made a difference during upcoming events, the problem would mitigate the issue after 10:00 P.M. from her perspective
as a homeowner.
Ms. Jordan Rose, the Attorney representing Bill Hinz and the Copperwynd Resort provided a PowerPoint presentation
(available on-line and in the Town Clerk’s office). Ms. Rose stated that Mr. Hinz purchased the Copperwynd Resort
approximately one-year ago and had invested over $5M dollars upgrading the facilities. She added that the resort
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depended on the event business and the viability of the resort was dependent on these events and that they were
requesting the continuation of the permits since the Town had always approved their requests. She thanked Town staff
for their cooperation. Ms. Rose explained that wedding season was short and crucial to the success of the resort. She
stated the lawn area used for events was 250’ from the closes resident and was also separated by a swimming pool and
tennis courts. Ms. Rose continued that since the resort was built before the homes, property owners probably saw the
great local amenities at the resort before purchasing their home Ms. Rose pointed out the resort wanted to be a good
neighbor and had been working with Ms. Anderson and others to resolve their complaints. Ms. Rose suggested a
working solution would be for the events at the resort to announce last call at 10:30 P.M. and music stop at 11:00 P.M.
so to accommodate the neighbors and would they felt this would also work for the resorts event activities.
Mayor Kavanagh asked if the resort staff had spoken to any residents or the homeowner associations about the resorts
proposed compromise at stopping events at 11:00 P.M. instead of 10:00 P.M. Mayor Kavanagh also acknowledged the
receipt of the HOA’s letter stating they did not want events to go any longer than 10:00 P.M. Ms. Rose answered that
they had not spoken to the HOA, but instead had spoken to the closes site neighbors. Mayor Kavanagh pointed out
that the town had also received complaints from the communities of Corda Bella, Copperwynd and homes in Sunridge
Canyon.
Mayor Kavanagh agreed that with new technology improvements that sounds were different now from 10 years ago
and she understood the problem involving loud music and possibility happening every week-end. Ms. Rose noted that
she did not know what had changed since 2005 with no complaints except that the resort had increased their events
over time.
Councilmember DePorter believed that with the upgraded resort there was an increase in events and stated he liked that
Mr. Hinz reached out to the residents. Councilmember DePorter suggested was to take Ms. Anderson’s four items
back to the group and receive feedback after these week-ends events. Councilmember DePorter stated he understood
the loud “boom” and how it would affect his family. Ms. Rose believed the owner would be happy to meet with the
residents. Mayor Kavanagh asked Ms. Rose if Mr. Hinz was in agreement with the changes as a compromise and to
end events at 10:00 P.M. Ms. Rose reported that they had not been aware of any suggestions except for the
rearrangement of the speakers and could not commit to the elimination of subwoofers since they were necessary to
play music at these events.
Councilmember Yates pointed out that the Town had a noise ordinance and maintained that if a resident felt there was
excessive noise they could call the Sheriff’s office and they would come out and investigate , and if necessary, tell the
party to keep the noise down. He also added everyone wanted the resort to succeed. Councilmember Magazine
looked into the noise ordinance and felt it was useless. Town Attorney McGuire stated that over the years the Town
had tried to be more precise at measuring sound but had never been able to make that code as precise as needed.
Bill Hinz commented that he would attempt to follow the suggested changes at this week-ends event, but had already
signed a contract for the event and any stipulations made now may not be followed. Mr. Hinz pointed out that the
resort was 16 years old and had never made money and could not be viable with only 32 hotel rooms so his focus was
on events and wedding venues.
Mr. Hinz acknowledged meeting with Ms. Anderson and only talking about the music stopping at 10:00 P.M. and
turning the speakers. He expressed that the resort could not be limited in these events, which could cause them to start
losing business, but he confirmed his commitment to the residents. Mr. Hinz pointed out that Ms. Anderson had
purchased the closes possible unit next to the resort, but he still wanted to make it right and would only be able to go
on a wedding by wedding basis. He added that he and the events planner had given residents their cell phone numbers
just in case there were problems. Mr. Hinz committed that last call would be 10:30 P.M. with outdoor activities ending
at 11:00 P.M. He stated the resort could be competitive with those hours and he noted stipulating that would be
cumbersome.
Councilmember Brown expressed his support and was certain that the situation was a balancing act that could be
settled between the neighbors and the resort in the near future. He understood that this week-end events possibly could
not be changed due to the contracts, but after 11:00 P.M. noise should stop and Mr. Hinz agreed. Mayor Kavanagh
expressed that with the changes hopefully everyone would be happy. Mayor Kavanagh also asked Mr. Hinz to speak
with the surrounding neighbors including Corta Bella. Councilmember Yates asked Mr. Hinz how long he would
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need to test market his ideas. Mr. Hinz responded it would take 30 days (end of May) to go through the weddings
already scheduled. Mayor Kavanagh acknowledged they were doing the right thing and they could come back with a
solution.
Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender responded that there were.
Ken Flynn, Phoenix resident and Senior Vice President of Brown Management and Homeowner’s Association
representative for the Villas at Copperwynd representing 108 people and he pointed out that they were not contacted
by the resort with information on their events. He pointed out that the association felt the 10:00 P.M. noise ordinance
should stay in effect because granting a variance on any Friday or Saturday event causes issues with the owners. Mr.
Flynn understood they had a business to run but the problem involved 28 to 42 owners in the area. He added that
unless the deejay could be controlled or the Sheriff was on site to stop the liquor from being served, these proposed
solutions would not happen. Mr. Flynn asked that all the information given to the Council be taken into consideration
and he maintained the Board of Directors were willing to take this as far as needed. Mayor Kavanagh acknowledged
Mr. Flynn’s letters that had been sent to the Town and expressed her hope he would be part of the discussion since the
resort would be reaching out to the HOAs. Mr. Flynn indicated they would be willing to work with them.
Gerry Prokvpek, a Villas at Copperwynd and Fountain Hills resident and Vice President of the Villas at Copperwynd
HOA Board of Directors, spoke in opposition to the granting of the temporary use permit for events after 10:00 P.M.
He wanted it noted that the Villas were not opposed to indoor events after 10:00 P.M. Councilmember Magazine asked
him when the Villas were constructed and Mr. Prokvpek’s reply was approximately 1999 -2000 and said he knew the
resort was already built upon purchasing. Councilmember Magazine presented a situation hoping to explain that the
property owners purchased their homes knowing the resort was nearby. Mr. Prokvpek stated he understood but the
noise issue had not been a problem until recently. Mr. Prokvpek stated he felt that if the events moved inside after
10:00 P.M. the problem would be solved.
David Berry, a Villas at Copperwynd and Fountain Hills' resident, stated his home was 400’ from where they played
music and felt the change was caused by the ownership. Mr. Berry noted he told Mr. Hinz that he appreciated the
upgrades to the resort but that the resort must respect the neighbors and the neighbors felt violated. He mentioned an
incident with the music being so loud that he had stopped by the resort to express his displeasure and was told the
resort had a permit for the event. He felt Mr. Hinz was not getting the complaint messages from staff. Mr. Berry
proceeded to play a recording of music heard at his villa for the Council and explained he didn’t want to hold on to
solutions that may not work and stressed the Town Ordinance should be upheld. Mayor Kavanagh acknowledged
receiving his letter.
Robert Krass, part-time Fountain Hills and Villas at Copperwynd resident, expressed his desire that the Villas at
Copperwynd not be made into a retirement community. Both he and his wife were in favor of allowing the issuance of
permits to Copperwynd and allowing music pass 10:00 P.M. for special events. Mr. Krass stressed the opinion that for
this resort to survive they must be competitive and flexible for venues. Mr. Krass suggested the resort be respectful of
the homeowners by notifying them of upcoming events by emails or posted notices at the spa and fitness center. Mr.
Krass stated he knew of complaints by neighboring homeowners and wondered why they purchased a home so close to
the resort and added many of the residents enjoy the pool, restaurant and spa at their convenience without a long drive.
Mr. Krass reported he and his guest enjoyed the entertainment and without the resort and its amenities, their villa
would not be a special place; losing the resort would be a deficient to the Town and would also affect their property
valves. Mr. Krass supported a compromise and requested flexibility in coming to an agreement. He also pointed out
that he did not receive a survey from the HOA asking for his comments and pointed out the resort recently hosted a
happy hour attended by a lot of homeowners and no one was complaining; instead they were all having a great time.
Councilmember Yates made a MOTION to table this item until the 2nd meeting in May (May 19, 2016).
Councilmember Brown SECONDED the motion. The motion CARRIED UNANIMOUSLY (6-0, by those present).
AGENDA ITEM #9 – PUBLIC HEARING TO RECEIVE COMMENTS ON A SPECIAL USE PERMIT TO
ALLOW TRUCK RENTALS BY DESERT DAWG AUTO REPAIR AT 9521 TECHNOLOGY DRIVE,
LOCATED IN THE “IND-2 IUPD” ZONING DISTRICT. (CASE NUMBER SU2016-15)
Mayor Kavanagh opened the public hearing at 7:58 P.M. and stated there would be one presentation covering items # 9
and #10.
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Robert Rodgers presented the staff report that included a PowerPoint presentation (available on-line and in the Town
Clerk’s office) and stated that this property located at 9521 Technology Drive, Unit C-3 of the Firerock Commerce
Industrial Park Condominiums, was zoned for industrial uses and was located directly behind the Target Plaza. He
added Desert Dawg currently occupied the proposed location as an automotive repair facility. Mr. Rodgers pointed out
the location and service area on the map and explained that in Section 13.03.D, the Special Use Permit requirements
allowed truck rental uses by Special Use Permit provided that the applicant provide d the number of trucks that would
be rented and allowed intermittent periodic inspections to ensure compliance with any conditions of the Special Use
Permit. He noted that no new buildings were proposed and a walled enclosure would contain the trucks to be rented
and vehicles under repair. Mr. Rodgers also stated that shared parking was adequate to handle this expanded us e and
would not generate additional traffic. Staff recommended approval including the following stipulations”
(i) The applicant shall not store any inventory or repair vehicles in the areas designated as shared parking.
All for-rent vehicle storage as well as storage of vehicles under repair shall be within the enclosed area
behind the building.
(ii) Signage was not included in this approval. All signage shall comply with the requirements of the Fountain
Hills Zoning Ordinance, Chapter 6 and shall require separate Building Permits.
Mr. Rodgers stated that the Planning and Zoning Commission approved this request on March 10, 2016 and forwarded
their recommendation to Town Council to approve with the following stipulations:
(iii) The applicant shall be permitted to have trailer displays in the cut out area in front of the currently vacant
Unit “C-2” until that unit was occupied.
(iv) The Special Use Permit was for Desert Dawg only and it was not transferable to another business or
another address should the applicant move location.
Councilmember Magazine asked if the Shea location would be moving and Mr. Rodgers answered that to his
knowledge they would add an additional location. Mayor Kavanagh acknowledged that the applicant did not want to
speak. Councilmember DePorter and Mayor Kavanagh both spoke in support for this long standing business within
the community.
Mayor Kavanagh acknowledged no speaker cards had been submitted.
Mayor Kavanagh closed the Public Hearing at 8:02 P.M.
AGENDA ITEM #10 – CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW TRUCK RENTALS
BY DESERT DAWG AUTO REPAIR AT 9521 TECHNOLOGY DRIVE, LOCATED IN THE “IND-2 IUPD”
ZONING DISTRICT. (CASE NUMBER SU2016-15)
Councilmember Hansen MOVED to approve the proposed Special Use Permit to allow truck rentals by Desert Dawg,
Auto Repair at 9521 Technology Drive, located in the “IND-2 IUPD” zoning district, subject to the recommended
stipulations by the Planning and Zoning Commission and staff as outlined in the staff report. Councilmember Yates
SECONDED the motion. The motion CARRIED UNANIMOUSLY (6-0), by those present.
AGENDA ITEM #11 – CONSIDERATION OF COST SHARE AGREEMENT C2016-253, BETWEEN THE
TOWN OF FOUNTAIN HILLS AND CHAPARRAL CITY WATER, FOR THE FIRE STATION NO. 2
DRIVEWAY IMPROVEMENTS.
Development Services Director Paul Mood gave the presentation and explained that the Fire Station #2 project would
be located on the recently acquired property at Fountain Hills Boulevard and Muskrat Lane, just north of Shea
Boulevard. Mr. Mood noted that Chaparral City Water Company had a gate in this location and had used this drivew ay
for many years to access their facility to the west of the Fire Station property. Mr. Mood reported that after acquiring
the property the Town and CCWC went into a license agreement allowing CCWC to continue access to their facility
and CCWC was told of the proposed Fire Station project. After a review of this agreement by both parties it was
found that CCWC already owned a 40’ strip of land as a separate parcel. Mr. Mood explained that this proposed
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agreement would share 50/50 in the cost of constructing a shared driveway on the CCWC property north of the site
with an anticipated cost for the design and construction at $300,000. He pointed out that the cost would include
retaining walls, Salt River Project cabinet relocation, paving and the potential vertical realignment of a 24” and 6”
water main and would establish a permanent access easement to the Town.
Mayor Kavanagh acknowledged that Council did not have questions or wished to discuss this agenda item and that no
speaker cards had been submitted.
Councilmember Brown MOVED to approve the Cost Share Agreement C2016-253 between the Town of Fountain
Hills and Chaparral City Water Company for the Fire Station No. 2 driveway improvements. Councilmember
DePorter SECONDED the motion. The motion CARRIED UNANIMOUSLY (6-0), by those present.
AGENDA ITEM #12 – CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT C2016-250,
WITH HUNT & CARAWAY ARCHITECTS, LTD FOR THE FIRE STATION NO. 2 ARCHITECTURAL
SERVICES IN THE AMOUNT OF $315,197.20.
Development Services Director Paul Mood presented information contained in the contract regarding the architectural
services and explained that in November 2015 the Town advertised a request for qualifications pursuant to Arizona
Revised Statue titled 34-603 for qualifications based selection. Mr. Mood noted that eight firms had responded and
was based on scoring criteria, that three companies were interviewed, and that the selection panel had chosen Hunt &
Caraway, and then staff had proceeded to negotiate an architectural contract. He explained the contract was for the
design of the Fire Station No. 2 with their understanding that the design needed to blend into the neighborhood’s
architecture. Mr. Mood stated the contract also included their attendance at two neighborhood meetings and one
additional Town Council meeting along with an analysis of the current emergency generator located at the current
Fires Station No. 2 to see if the existing generator could be reused. Mr. Mood explained the facility would consist of
9,000 sq feet.
Mr. Mood mentioned before tonight’s meeting Councilmember Brown had inquired about the details of the contract.
Mr. Mood explained that the break-down of the costs, which included $211,000 accrual design with $32,000 split
50/50 between EPCOR and the Town for access to their facilities, $57,000 in construction phase services that included
attending weekly meetings for approximately eight months, and performance of outside construction observation and
weekly reports. Mr. Mood noted that $15,000 was added for unknown design costs and would only be used at the
Town’s request. He pointed out this totaled about $315,000 and only accounted for 10% of the total cost of
construction.
Mr. Miller added that the public outreach requested in the contract was something the Town usually did not do but
with the concerns heard from the adjacent neighborhoods and it was determined the involvement of the citizens and
their engagement could create the need for alternative designs.
Councilmember Brown thanked Mr. Mood for his explanation but stated he was still uncomfortable with the cost
compared to the last fire station design cost and he requested more time to meet with staff and discuss the cost. Mr.
Miller proposed that staff could take another two weeks without causing construction issues and meet to discuss these
costs before bring this item back to Council; Mr. Mood agreed.
Councilmember Yates spoke in support of the delayed approval and asked why the selection of the architectural
company was by qualification and not low bid. Mr. McGuire explained that in procuring any architectural engineer , or
any other listed profession in the Statues, you cannot ask price in any way. The criteria to evaluate the companies was
set forth in the RFQ and it was stated upfront as to how firms were scored, and then staff is to work with the top
scoring firms. He stressed that under no circumstance can the Town skirt the state laws that required you to select only
based on qualifications. Councilmember Yates said he understood and noted this firm was outstanding, but he felt
with limited Town funds available he had hoped there was another avenue that could be taken. Mr. McGuire reiterated
that Title 34 was a matter of state wide concern that applied to everyone and that the only way to change those
requirements was to change the law. Mr. McGuire added that if this project was less expensive the Town would have a
direct select option.
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Councilmember DePorter asked if the Town could hire someone as a full-time Town employee for $211,000 and then
use them for this project. Mr. McGuire answered that no Town had an in-house architect performing these type
services.
Councilmember Hansen stated since the previous plan was used a number of years ago it would make sense that the
price would be higher; she noted that the prior plan was not the most desirable or workable for fire staff. Mayor
Kavanagh stated she understood Council had a lot of questions and concerns; they needed two weeks to review this
information since they would be spending tax payer’s money and needed to be satisfied with their decision.
Councilmember Brown made a MOTION to table action on the Hunt & Caraway Architects, LLC contract C2016-
250 for the Fire Station No. 2 in the amount of $315,197.20 for two weeks (4/21/2016). Councilmember Yates
SECONDED the motion, which CARRIED UNANIMOUSLY (6-0), by those present.
AGENDA ITEM #13 – CONSIDERATION OF APPROVING RESOLUTION 2016-05, ACCEPTING
MEMBERSHIP IN THE ARIZONA METROPOLITAN TRUST.
Mr. Miller stated that this request was for Council consideration to become members of the Arizona Metropolitan
Trust (AzMT) for the purpose of providing employee’s health benefits in a more efficient and cost effective manner.
Mr. Miller was concern with the current provider since the Town had been with them for almost four years and seen
increases of 16% with a proposed increase next year of 2% due to higher claims wit hin the pool. He explained that
AzMT had not increased medical premiums since its inception in 2012 and would assume all benefits with only one
enrollment period.
Administrative Services Director David Trimble addressed the Council and explained that this plan would include
medical, dental and vision for the 43 eligible employees. He stated that the Town was scheduled to pay out $400,000
for benefits and with this change the Town would save approximately $100,000 with an expenditure of $300,000; he
noted there would be an ongoing savings each year.
Councilmember Magazine asked what out-of-pocket expense it would be for the employee. Mr. Trimble answered that
most would see a savings. He explained that 21 employees pay zero for employee only; 12 would pay less and only
six would slightly pay more. Mr. Miller added that out -of-pocket was the premium sharing cost. If approved, the
Town would join AzMT effective on July 1, 2016.
Councilmember DePorter MOVED to approve Resolution 2016-05 related to employee health and life benefits.
Councilmember Brown SECONDED the motion. The motion CARRIED UNANIMOUSLY (6-0), by those present.
AGENDA ITEM #14 – DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY
ITEM INCLUDED IN THE LEAGUE OF ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE
BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE
LEGISLATURE.
(i) None.
AGENDA ITEM #15 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER
Mayor and Council tabled agenda item #8 until the 2nd meeting in May (May 19, 2016).
AGENDA ITEM #16 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER.
Councilmember Yates stated that he, Mayor Kavanagh, and Mr. Miller had attended the “Roaring 20’s” event for all
800 of the Town of Fountain Hills volunteers. Councilmember Yates stated that in order to run a Town of this size and
at this level it helped that the Town had so many volunteers. He also thanked Heather Ware, Volunteer Coordinator
for the tremendous job putting together the event and acknowledged the skit performers as Mike Ciccarone, Grace
Rodman-Guetter and Cory Povar. Councilmember Yates listed all the awards given to the nominate d volunteers and
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thanked the Mayor’s Youth Council for attending. Mayor Kavanagh added that all our volunteers were top notch and
the Town could not do it without them.
Mayor Kavanagh stated that young families with kids filled Golden Eagle Park on March 24th for the Town’s annual
“Eggstravaganza” and noted that the event was sponsored by the Town, the Goyena Real Estate Team and Republic
Services (trash collector). She thanked all the volunteers including Senator Kavanagh who was the announcer and Raj
Watson who played “Clucky” the chicken this year. Mayor Kavanagh thanked staff coordinator Angelica Giardino
and stated she did an outstanding job with the help from Park and Recreation staff Corey Povar, Grace Rodman-
Guetter, Rachael Goodwin and Community Services Director Mark Mayer. Mayor Kavanagh reported that she was
also in attendance.
Mayor Kavanagh reported that the Parks and Recreation Department had put on an awesome “Movie in the Park”. She
described the park as being filled with families with kids and it was easy to see everyone was having fun. Mayor
Kavanagh attended with her son and grandson and she wanted to especially thank Corey Povar for working the event.
Mayor Kavanagh stated that she and Senator Kavanagh had attended the Easter Sunrise Service in Fountain Park and
described it as a glorious morning with the hillside along the amphitheater full and Pastor Tony Pierce of the First
Baptist Church delivering an awesome Easter message. She pointed out that a can food drive collected at the service
was for the Extended Hands Food Bank.
Mayor Kavanagh mentioned that “The River of Time Museum” had held its annual “Hall of Fame Awards” and she
wanted to congratulate inductees especially Town residents Christine Colley, Roger Riggert, Dori Wittrig and Dr. C.T.
Wright. She also pointed out that our resident artist and old time cowboy Carlos Hadaway received the “Legacy
Award” for his lifetime dedication to the Lower Verde Valley.
Mayor Kavanagh reported that she and Senator Kavanagh had attended a luncheon fundraiser for the Arizona Humane
Society and had a great time with over 1,000 in attendance and raised a ton of money along with adopting out some
dogs, cats and one guinea pig. She explained the money raised from the event would go towards surgeries for pets
they take in who have injuries along with their rehabilitation and adoption. She noted that Senator Kavanagh had
received the “Legislative Humane Award” from the Humane Society for the past two years for all his support for
animal causes; Mayor Kavanagh also noted her love for animals and all the animal groups in Fountain Hills.
AGENDA ITEM #17 - ADJOURNMENT
Councilmember Brown MOVED to adjourn the meeting and Councilmember Yates SECONDED the motion, which
CARRIED UNANIMOUSLY (6-0), by those present. The Regular Session adjourned at 8:37 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 Executive Session, held in
the Fountain Conference Room – 2nd Floor and Regular Session held by the Town Council of Fountain Hills in the
Town Hall Council Chambers on the 7th day of April, 2016. I further certify that the meeting was duly called and that
a quorum was present.
DATED this 21st day of April, 2016.
_____________________________
Bevelyn J. Bender, Town Clerk