Loading...
HomeMy WebLinkAbout2015.0806.TCREM.Minutesz:\council packets\2015\r150903\150806m.docx Page 1 of 15 TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 6, 2015 EXECUTIVE SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the Executive Session to order at 6:01 p.m. in the Fountain Conference Room - 2nd Floor. AGENDA ITEM #1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO 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 CONTEMPLATED PENDING LITIGATION (SPECIFICALLY, CONSIDERATION OF A SETTLEMENT OFFER IN A TAX ENFORCEMENT ACTION.). Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Dennis Brown, Councilmember Nick DePorter, Councilmember Cecil Yates, Councilmember Cassie Hansen, Councilmember Alan Magazine and Councilmember Henry Leger. Town Manager Grady Miller, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. Vice Mayor Brown MOVED to go into Executive Session at 6:01 p.m. and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #2 - ADJOURNMENT. The Executive Session adjourned without objection at 6:20 p.m. REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:33 p.m. * INVOCATION - Pastor Adele Resmer, New Journey Lutheran Church * ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Dennis Brown, Councilmember Nick DePorter, Councilmember Cecil Yates, Councilmember Cassie Hansen, Councilmember Alan Magazine and Councilmember Henry Leger. Town Manager Grady Miller, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. At this time, the Mayor announced that there are two changes to this evening's agenda -- the first is that Agenda Item #7 is going to be taken off of the agenda at the request of staff and the second is at the request of Councilmember Hansen they are going to remove Consent Agenda Item #3 from the Consent Agenda and move it to the Regular Agenda where it will be the first item acted upon. * MAYOR'S REPORT i) The Mayor will read a Proclamation declaring August Drowning Impact Awareness Month in the Town of Fountain Hills. Mayor Kavanagh stated that Drowning Impact Awareness month will raise awareness that the number and impact of child drownings in Arizona affects everyone and the drowning incidents in Arizona take the lives of the equivalent of a classroom of children each year. She noted that a child drowning can happen to any family regardless of education, z:\council packets\2015\r150903\150806m.docx Page 2 of 15 race or socio-economic background and families can take simple steps to protect their children around water to avoid the tragedy of the unnecessary loss of life. She added that water safety remains a priority for Arizona families, communities and government and keeping children healthy and safe is the goal of the Fountain Hills Rural/Metro Fire Department and other prevention institutions in Arizona. She advised that raising awareness will increase understanding and education of effective ways to prevent drowning. The Mayor proclaimed the month of August 2015 as Drowning Impact Awareness Month in Fountain Hills. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review recent events attended relating to Economic Development. The Mayor advised that the Maricopa Association of Governments Economic Development Committee met and they were presented with information from John Lenio from CBRE (Phoenix Commercial Real Estate Market). She said that he had some tips for the State as well as municipalities on how to make ourselves more attractive to businesses interested in relocating to Arizona. She noted that he covered some topics such as understanding labor market dynamics and stressed support from above. She added that in the Town's case, that means us. She stated that she thought it interesting that all of the tips are exactly what Scott Cooper, the Town's Economic Development Specialist, has been doing for the Town. She pointed out that during the year she spoke about an interactive map for municipalities to use for the Economic Development programs and the business community and explained that now MAG (Maricopa Association of Governments) has teamed up with "Read On Arizona," an organization dedicated to improving reading skills for K-3rd grade, through a Virginia G. Piper grant, to create an interactive map of all of the schools in the State that have K to 3rd grades and some pre -schools. The Mayor advised that the interactive map, when completed and online, will provide statistical data on everything from the dynamics of the neighborhoods to the test scores, to better understand what makes a school a success. She added that the next step, which she always asks about, is what will be done with the data. She noted that they do have an action plan to help the schools but also to partner with other agencies who might assist with factors not under the control of the schools. She said that for instance if unemployment is viewed as a major factor in kids not being able to read, they would seek outside agency help. She commented that this map will be active in about three weeks so that parents, teachers, administrators and residents can view all of the statistical data about their schools and those around the State. ii) Recognition of Retiring Strategic Planning Advisory Commissioners Nancy Ordowski and Alice Brovan. Mayor Kavanagh advised that Nancy Ordowski and Alice Brovan are not present at the meeting but said that she did want to recognize them as retiring Strategic Planning Advisory Commission (SPAC) members. She noted that all of the Commissioners that serve on the various Commissions are volunteers and give a lot of their free time to attend meetings as well as conduct research on various topics. She pointed out that they are always available to help with whatever the Council asks them to do. She said that both Ms. Ordowski and Ms. Brovan have worked on the Commission for quite a while and added that the Council wanted to recognize them and thank them for their service. She explained that both are out of Town and could not be present at the meeting but s he wanted them to know that the Council does appreciate all that they have done. She added that they appreciate all of the Commissioners. Councilmember Magazine commented that he and Councilmember DePorter both served as Chairs on the SPAC and said that he wanted to publicly thank both of the outgoing members for their hard work and contributions to the Town. iii) Recognition of the members of the 4th of July Committee. Mayor Kavanagh stated that those in the audience and at home watching who have bee n residents in Town for many years will remember the annual 4th of July fireworks in Fountain Park. She said that it was to their greatest dismay when the Town had to stop having the event because the very tall fireworks became a danger to the homes aroun d the Park. She noted that new technology has brought them spectacular low-level fireworks and so in 2014, a small committee made up of Phyliss Kern, Christine Colley and Brian Zapoticzny came to Town Hall and proposed bringing the fireworks back to Town. She advised that this was a daunting task the first year, they needed seed money from the Town and sponsors and volunteers to make the event happen. She said that they joined with the Town in this endeavor and the first 4th of July fireworks display in many years happened in Fountain Park. The Mayor stated that this past year the team, which included the resident team consisting of Phyliss Kern, Christine Colley, Denise Rickets, Sam z:\council packets\2015\r150903\150806m.docx Page 3 of 15 Coffee, Brian Zapoticzny and Jody Knapp and the Town team consisting of Rachael Goodwin, Grace Rodman-Guetter the Mayor herself, Town Manager Grady Miller, the Maricopa County Sheriff's Office (MCSO) and Rural Metro surpassed last year's record for donations from the business community, their service providers and individual residents, thus being able to provide a bigger and more spectacular event. She advised that they are here this evening to say a big "Thank You" to the teams and added that they look forward to next year's 4th at the Fountain. The Mayor presented the members of the resident team present with Certificates of Appreciation for their efforts. iv) Presentation of the Town's new website and App by Information Technology Administrator Mike Ciccarone. Town Manager Grady Miller stated that he is very excited about the Town's new website and noted that one of the very best ways for the Town to reach its citizens and visitors from out of the area is through their website. He informed the Council that the Town underwent a major makeover, much like a reconstruction project such as Saguaro. He said that it took quite a bit of time and effort, a contract was awarded last year and they started the planning process. He added that the Town's IT Administrator, Mike Ciccarone, really took over the leadership on this and helped bring about a super website. He commented on the extensive department involvement that took place. He stated that Mr. Ciccarone will be doing a presentation on that as well as one of the add -ons which is a Mobil app that they have for both Droid and iPhone devices. Information Technology Administrator Mike Ciccarone addressed the Council relative to this agenda item and noted that the Town entered into a contract for this project in September of 2014 and reported that on March 5th of this year they were able to launch the website. He stressed that the main goals of the project were to make things easier to find and to showcase the Town. He discussed the four categories that the website is broken down into and highlighted a PowerPoint presentation containing snapshots of the Town’s website, which is available on line and in the office of the Town Clerk. He added that there are also five graphic icons that appear at the bottom of each page to help users locate the information that they seek the most. He discussed the various icons and what they can provide. He also discussed the Mobil app referred to by Mr. Miller and explained that people can sign up for "push notifications" and highlighted a number of the capabilities provided by this app. Mr. Ciccarone indicated his willingness to respond to any question from the Council. Mayor Kavanagh commented that the new website is impressive and she likes the fact that it doesn't have a "municipal" look to it. Councilmember Magazine congratulated Mr. Ciccarone on his accomplishment and stated that he thinks the new website is fabulous and a terrific way to interact with the public. Mr. Ciccarone confirmed for Councilmember Magazine that the app is available right now and provided information on how to access it. Mayor Kavanagh thanked Mr. Ciccarone for his hard work and presentation. CALL TO THE PUBLIC None. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM JUNE 18, 2015. AGENDA ITEM #2 - CONSIDERATION OF APPROVING TWO SPECIAL EVENT LIQUOR LICENSE APPLICATIONS FOR THE FOUNTAIN HILLS ELKS LODGE, #2846 (JOELLEN KNAPP) FOR EVENTS TO BE HELD AT THE ELKS LODGE LOCATED AT 16766 EAST PARKVIEW, FOUNTAIN HILLS, AZ ON FRIDAY, SEPTEMBER 11, 2015 FROM 12:00 P.M. TO 10:00 P.M. AND SATURDAY, NOVEMBER 14, 2015 FROM 8:00 A.M. TO 10:00 P.M. z:\council packets\2015\r150903\150806m.docx Page 4 of 15 AGENDA ITEM #3 - THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. AGENDA ITEM #4 - CONSIDERATION OF A COOPERATIVE PURCHASE AGREEMENT WITH AT&T MOBILITY NATIONAL ACCOUNTS, LLC, FOR WIRELESS VOICE AND DATA SERVICE. AGENDA ITEM #5 - CONSIDERATION OF A FINAL CONDOMINIUM PLAT FOR PARCEL B AT FIREROCK, A 64-UNIT CONDOMINIUM PLAT LOCATED AT 16025 E. FIREROCK COUNTRY CLUB DRIVE. (AKA APN 176-11-004). CASE #S2015-03 AGENDA ITEM #6 - CONSIDERATION OF A FILL WAIVER REQUEST TO PERMIT AN AREA OF 39,460 SQUARE FEET TO HAVE UP TO 17.93 FEET DEEP MAXIMUM VISIBLE FILL FOR THE RE- GRADING OF THE FIREROCK COUNTRY CLUB DRIVING RANGE. CASE #CFW2015-02 Councilmember Yates MOVED to approve the Consent Agenda as listed and amended and Vice Mayor Brown SECONDED the motion. A roll call vote was taken with the following results: Mayor Kavanagh Aye Vice Mayor Brown Aye Councilmember Nick DePorter Aye Councilmember Cecil Yates Aye Councilmember Cassie Hansen Aye Councilmember Alan Magazine Aye Councilmember Henry Leger Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM #3 - CONSIDERATION OF APPROVING A CONTRACT WITH AMERICAN METERING SERVICES, INC., D/B/A AMS BILLING SERVICES TO IMPLEMENT THE ENVIRONMENTAL FEE, ADOPTED BY THE COUNCIL ON NOVEMBER 20, 2014. Councilmember Hansen said that she was just a little bit surprised to see that this was on the Consent Agenda and added that she thinks most of the Council remembers the discussion when they approved this fee. She noted that it was rather painstaking to say the least and she thinks that some of the Councilmembers who supported it did so not because they really wanted to but rather because they believed it needed to be done. She stated that it was hard to do but it was done and now they are moving forward. She noted that even though there was an article in the newspaper this week reiterating why they have this fee, where it came from and what it will cover, it is the middle of summer and she thinks that it would be a good idea, since they are going to be imposing a fee on the residents, to have an opportunity for a regular presentation on the program. She stressed the importance of reiterating the issue and refreshing everyone's minds as far as what the Town is being required to do and the fact that they need some assistance in paying for those things. She said it would be good to go through the whole process, i.e., how the residents will be notified, what they can expect, how the billing will work -- much like what was done with the trash issue (walk everyone through the process before it happens rather than approving this on the Consent Agenda and then having the residents receive a notice saying "by the way, you are going to get a bill from us.)" Councilmember Hansen MOVED to table this agenda item to a future date. Councilmember Hansen pointed out that there may be Councilmembers who have a few questions about the agreement and it is her understanding that Finance Director Craig Rudolphy is out of the office and not available to answer any questions right now. She explained that she would like to have a presentation and more outreach to the public before moving forward on this. z:\council packets\2015\r150903\150806m.docx Page 5 of 15 Councilmember Leger SECONDED the motion. Vice Mayor Brown advised that he had contacted the Town Manager because he too had concerns about this being on the Consent Agenda and he agrees with Councilmember Hansen that the item needs to be removed from the Conse nt Agenda and Workshops to educate the citizens of the Town regarding this item should be conducted. He further stated that he would like this item placed on a Work Study agenda so that the Council will be in a position t o answer the public's questions as quickly as they ask them. Town Manager Grady Miller said that he thinks that is a very fair and reasonable thing to do and he has heard from a couple of Councilmembers today so they will definitely be doing that. He added that he didn't have a chance to talk to Councilmember Hansen today but when Councilmember Leger and Vice Mayor Brown brought this up, they did discuss the need for some public outreach. He stated that the plan all along has been to have a couple of open houses prior to the citizens receiving the information in the mail. He informed the Council that as part of this the billing company will send out some notification saying that this is going to be happening but he thought it was important to help people understand not only that this is happening, but also that the Town is officially doing it. He pointed out that at the open houses information on how the money generated will be utilized will be made available. He apologized to the Council and advised that staff will come back to the Cou ncil at a Work Study Session and a full presentation will take place before Council for action on this item. Councilmember Magazine asked whether Vice Mayor Brown is suggesting that a Work Study Session be confined just to the Environmental Fee or could it be broadened to address fees in general. Vice Mayor Brown responded that he would like to see this item on a Work Study agenda and he would not dictate further than that. Councilmember Magazine advised that he would like to suggest, if the maker of the motion is willing, that they broaden the agenda for a Work Study to address fees in general, including the Environmental Fee. Vice Mayor Brown clarified that he was not trying to change or amend the motion, he was just directing the Town Manager to place this item on the agenda of a Work Study. Councilmember Hansen said that she would prefer that this be a "stand alone" item -- because it is something that has already been approved and additional explanations are going to be provided for the benefit of the public. She cautioned against bombarding the residents with a whole bunch of fees and added that she just wants to deal with the one that they have at hand and then go forward if they want to have another Work Study to discuss other fees. Councilmember Magazine stated that he is not proposing an amendment at this time. Town Clerk Bevelyn Bender advised that there were no citizens wishing to speak on this item. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #7 - CONSIDERATION OF REVISING THE MCDOWELL MOUNTAIN PRESERVE MASTER PLAN TO ADD THE EAST LOOP SONORAN TRAIL. This item was removed from the agenda at the request of staff and will appear on a future agenda for consideration. AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 2015-41, ADOPTING THE TOWN OF FOUNTAIN HILLS CAPITAL ASSET POLICY. Town Manager Grady Miller addressed the Council relative to this agenda item and noted that good organizations have policies in place that deal with their financial house -- to make sure that their house is in order. He commented that Craig Rudolphy, the Town's Finance Director, has done a great job of identifying where the Town might have some potential weaknesses, areas that might need to be beefed up. He advised that one of the areas that Mr. Rudolphy has brought up is the need for a Capital Asset Policy. He informed the Council that the Governmental Finance Officers z:\council packets\2015\r150903\150806m.docx Page 6 of 15 Association has been a big proponent of strongly urging organizations or cities that do not have such policies to put them into place. He noted that they keep track of money very closely and they have also been inventorying all of their assets. He added that the updated policy is part of the Town's arsenal to give citizens some satisfaction that they are watching the store and taking good care of the Town's assets and being good stewards of taxpayers' money. He pointed out that the policy before the Council is very complicated and assured the Council that it is really a top flight policy recommended by the Governmental Finance Officers Associ ation. He further stated that this is something that the Town's auditors will be looking for -- something affirmative from the Council showing that this is important to the organization. Mr. Miller advised that the Town Accountant is present this evening and prepared to answer any specific questions the Council may have regarding the proposed policy. Councilmember Yates stated that being in real estate he is very aware of this concept and added that his only question on the municipal side is once they depreciate the asset, if there is still economic life are they forced into selling it? He said that he saw several spots where it indicated that it was at the discretion of the department director. He commented that usually when it comes to something like vehicles, when safety is involved, he wants to say "get rid of the asset" but if a truck only has 60,000 miles on it and they depreciate it over six years based on their mileage, he doesn't want to be forced into having to get rid of it and taking on new debt just because the asset has been depreciated. Mr. Miller responded that his understanding is that this policy gives the Town the flexibility to maintain that asset and it might not have a book value at that point in time but it might have a use value if they find out that the maintenance isn't burdening the Town. He added that it gives them the authority to dispose of assets and outlines how they do that properly as well as the record keeping for that. He confirmed that they would not be forced to get rid of the asset if it still provides value for the Town (will be at the discretion of the department director). There were no citizens wishing to speak on this agenda item. Councilmember Yates MOVED to adopt Resolution 2015-41, adopting the Town of Fountain Hills Capital Asset Policy and Councilmember DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #9 - PUBLIC HEARING TO RECEIVE COMMENTS ON TWO PROPOSED SPECIAL USE PERMITS TO ALLOW VERIZON WIRELESS TO INSTALL A 40-FOOT TALL FAUX SAGUARO CELLULAR ANTENNA TOWER WITHIN 300 FEET OF RESIDENTIAL PROPERTY AND TO ALLOW THE INSTALLATION OF ASSOCIATED GROUND EQUIPMENT AT 16000 EAST FIREROCK COUNTRY CLUB DRIVE, LOCATED IN THE "OSR" ZONING DISTRICT. CASE #SU2015-10. Mayor Kavanagh declared the public hearings open at 7:04 p.m. for agenda items #9 and #11. She stated that they will need two separate motions and if the public wishes to address this, they will have to submit speaker cards for Agenda Items #9 through #12 at this time. Senior Planner Bob Rodgers addressed the Council relative to Agenda Items #9 through 12 and briefly highlighted the Staff Report (copies of which are available on line and in the office of the Town Clerk). He advised that Verizon Wireless proposes to install two 40-foot tall Saguaro antennas, with attendant ground mounted equipment, on vacant open space within the Firerock Country Club property located at 16000 E. Firerock Country Club Drive. He noted that each tower requires two Special Use Permits due t o (1) Their proximity to residential areas and (2) Due to their proposed height. He reported that the ground equipment will be placed within an 8 -foot high decorative block wall enclosure with a decorative wooden gate. He said that the two towers will be using the same design as other previously approved faux saguaro cellular antenna towers in Town and added that unless someone is right up close to the faux saguaros, they will not be able to tell that they are cell towers. He informed the Council that th e Planning and Zoning Commission forwarded a recommendation to approve these Special Use Permits and staff also recommends approval subject to the stipulations contained in the Staff Report. He indicated his willingness to respond to any questions from the Council. Vice Mayor Brown asked whether there is anything in the Town's ordinance that says when cell phone towers are obsolete that within XX number of days of being discontinued that they need to be removed and Mr. Rodgers replied that they do not. He stated that the last one he knows of that was de-commissioned was the large tower down by the z:\council packets\2015\r150903\150806m.docx Page 7 of 15 Dog Park (an AT&T tower). He added that the Town told them what to remove but asked them to leave the tower because the Finance Director thought that perhaps the Town could lease that out to someone else in the future. Mr. Miller advised that when the towers are on Town property agreements are put into place that stipulate that they have to remove the infrastructure for those towers. He noted that in the case referred to by Mr. Rodgers, AT&T wanted to leave the entire fixture there and staff required them to get it down to a certain level. Vice Mayor Brown said that he would predict that one day in the future there will no longer be a need for cell towers -- there will be new technology that will quickly over-run the towers so he would hate to see 13 or whatever number of fake saguaro towers in their Town rusting to the ground. He stated that if there is any way legally to stipulate in the ordinance or wherever they need to go with it that XX number of days after discontinuing the use of the towers they would be required to be removed. He expressed the opinion that this is something that they should look at and Mr. Rodgers commented that they could certainly add that as a standard stipulation for Special Use Permits and the Vice Mayor reiterated that he would like to see that happen if staff sees any value in that. There were no citizens wishing to speak on this agenda item. The Mayor declared the public hearing closed at 7:10 p.m. AGENDA ITEM #10 - CONSIDERATION OF TWO PROPOSED SPECIAL USE PERMITS TO ALLOW VERIZON WIRELESS TO INSTALL A 40-FOOT TALL FAUX SAGUARO CELLULAR ANTENNA TOWER WITHIN 300 FEET OF RESIDENTIAL PROPERTY AND TO ALLOW THE INSTALLATION OF ASSOCIATED GROUND EQUIPMENT AT 16000 EAST FIREROCK COUNTRY CLUB DRIVE, LOCATED IN THE "OSR" ZONING DISTRICT. CASE #SU2015-10. Vice Mayor Brown MOVED to approve the four (4) proposed Special Use Permits to allow Verizon Wireless to install two 40-foot tall saguaro cactus antennas at 1600 East Firerock Country Club Drive subject to the stipulations in the Staff Report and to add some verbiage that states that within 90 days of discontinuing the use of it, the tower will be removed and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #11 - PUBLIC HEARING TO RECEIVE COMMENTS ON TWO PROPOSED SPECIAL USE PERMITS TO ALLOW VERIZON WIRELESS TO INSTALL A 40-FOOT TALL FAUX SAGUARO CELLULAR ANTENNA TOWER WITHIN 300 FEET OF RESIDENTIAL PROPERTY AND TO ALLOW THE INSTALLATION OF ASSOCIATED GROUND EQUIPMENT AT 16000 EAST FIREROCK COUNTRY CLUB DRIVE, LOCATED IN THE "OSR" ZONING DISTRICT. CASE #SU2015-11 For discussion of this item see Agenda Item #10 above. AGENDA ITEM #12 - CONSIDERATION OF TWO PROPOSED SPECIAL USE PERMITS TO ALLOW VERIZON WIRELESS TO INSTALL A 40-FOOT TALL FAUX SAGUARO CELLULAR ANTENNA TOWER WITHIN 300 FEET OF RESIDENTIAL PROPERTY AND TO ALLOW THE INSTALLATION OF ASSOCIATED GROUND EQUIPMENT AT 16000 EAST FIREROCK COUNTRY CLUB DRIVE, LOCATED IN THE "OSR" ZONING DISTRICT. CASE #SU2015-11. Town Attorney Andrew McGuire clarified that the Zoning Ordinance does contain a provision on this and it happens to be 90 days. Vice Mayor Brown MOVED to approve the Special Use Permit for Case #SU2015-11 and Councilmember Hansen SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #13 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW EPCOR TO INSTALL A 42' TALL MONOPALM RADIO COMMUNICATION ANTENNA AT 10840 EAST INDIAN WELLS DRIVE (THE WELL #11 SITE) LOCATED IN THE R1 -8 RUPD ZONING DISTRICT. CASE #S2015-12 z:\council packets\2015\r150903\150806m.docx Page 8 of 15 Mayor Kavanagh advised that there will be one Staff Report for Agenda Items #13 and #14. The Mayor declared the Public Hearing open at 7:12 p.m. Senior Planner Bob Rodgers addressed the Council relative to these agenda items and advised that the application is for a 42-foot tall monopalm radio communication antenna at 10840 East Indian Wells Drive. He stated that a Special Use Permit is required due to the fact that the antenna is higher than 30 feet and its proximity to residential areas. He discussed the proposed location and highlighted a brief PowerPoint presentation (copies of which are available on line and in the office of the Town Clerk). He noted that the location is already fenced off because it is an existing well site and the fence is being replaced with a block wall. He added that three additional 25 -foot tall real palm trees are also proposed to be installed in the vicinity in order to lessen any visual impacts. He said that the Planning & Zoning Commission forwarded a recommendation for approval and staff also recommends approval of the proposal subject to the stipulations listed in the Staff Report. He indicated his willingness to respond to any questions from the Council. Councilmember Magazine requested that the applicant come forward and commented that it seems like at almost every meeting the Council is getting requests for Special Use Permits for these and asked what would happen if the Council voted it down, what would the impact be? The applicant replied that the reason it is there in the first place is to talk to the water system to let the well turn on a nd off and if they weren't able to go 40-feet tall, they would not be able to communicate to that other piece of equipment that would allow this to happen. He further stated that the other alternatives, which are not very reliable, would involve phone lines which is how it was done for many years but the phone line service is not a very reliable service for them to actually use. He added that this is one type of service that they are very comfortable with and they get a high level of reliability for the type of water service that they have. He said that as of today the well has not been serviced for some time, it has a 20-foot tall antenna that ended up going to a different location and it was the same technology. He pointed out that with some of the changes that are happening, they need to go up to the 40 -feet. He confirmed that today the company is just requesting one Special Use Permit. Councilmember Magazine asked the applicant what he thinks might happen in the future and whether they will be coming back for more and the applicant responded that at this particular point in time they are not anticipating a need for additional towers within that particular area -- this is kind of a sunken area in comparison to some of their other systems. He stressed the importance of increasing the reliability of the water system and advised that he can't say for sure that they will never do this again but there is a definite need at this particular site. Councilmember Magazine asked about other sites in Town and the applicant reported that he is not aware of any plans to put in an antenna that is over 30-feet tall. Councilmember Magazine questioned plans for antennas under 30-feet tall and the applicant advised that he doesn't anticipate upgrading any antennas to anything higher than they are now. He pointed out that t hey have improved the existing antenna mast but it is the same configuration and they have not had to increase them. Mayor Kavanagh requested that the applicant provide his name and position title for the record and he responded Kevin Conway, Project Manager. There were no citizens wishing to speak on this agenda item. The Mayor declared the Public Hearing closed at 7:19 p.m. AGENDA ITEM #14 - CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT TO ALLOW EPCOR TO INSTALL A 42' TALL MONOPALM RADIO COMMUNICATION ANTENNA AT 10840 EAST INDIAN WELLS DRIVE (THE WELL #11 SITE) LOCATED IN THE R1-8 RUPD ZONING DISTRICT. CASE #S2015-12 Councilmember Hansen MOVED to approve the Special Use Permit for Case #2015-12 as presented and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). z:\council packets\2015\r150903\150806m.docx Page 9 of 15 AGENDA ITEM #15 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW T-MOBIL TO INSTALL A 65' TALL FAUX PALM TREE CELLULAR ANTENNA ARRAY WITH ATTENDANT GROUND EQUIPMENT AT 16701 E. LASER DRIVE, LOCATED IN THE "IND-1" ZONING DISTRICT. CASE #S-2015-13 Mayor Kavanagh announced that there will be one Staff Report for Agenda Items #15 and #16. The Mayor declared the Public Hearing Open at 7:20 p.m. Senior Planner Bob Rodgers addressed the Council relative to these items and noted that this is an application for a 65- foot tall faux palm tree cellular antenna array with attendant ground equipment at 16701 E. Laser Drive. He said that a Special Use Permit is required due to its height being in excess of the 40-foot height limit of the IND-1 Zoning District. He highlighted a brief PowerPoint presentation on this item (copies of which are available on line and in the office of the Town Clerk). He noted that it will be located in the Van's Storage RV parking lot just south of Laser Drive. He added that the location complies with the 100% fall-down requirement. He stated that the design is the same as previously approved faux palm tree cellular antenna arrays. He informed the Council that the Planning & Zoning Commission forwarded a recommendation for approval of the Special Use Permit and staff also recommends approval subject to the stipulations outlined in the Staff Report. He indicated his willingness to respond to any questions from the Council. Mayor Kavanagh asked how tall the real palm trees that are going in will be and he replied that there will be two 25- foot and one 35-foot palm trees. Councilmember Yates referred to the one down on Shea and the Beeline that they kind of used as a flagpole for a while and asked how tall that one is. Mr. Rodgers responded "tall" and confirmed that it is taller than 65-feet high (as tall as the high tension lines, closer to 80-feet high). Councilmember Leger requested a few minutes of time and some patience because he would like to go through a couple of the conditions and stipulations for administering a Special Use Permit. He added that he is particularly interested in this site due to the height of this particular faux palm. He pointed out that Condition A, listed in the Staff Report, talks about the height of the proposed tower in terms of imposing on the Zoning District. He stated that they know that in that Zoning District it is 40 feet where Van's is but across from Van's and across the alley prob ably a majority of the height in that area is 25 feet. He added that when they talk about a variance between the height of this pole and the imposing structures in that environment, they are talking a difference of 40 feet and not necessarily 25 feet. He said that to him this is significant so he just wanted to point that out. He advised that there are neighbors who are outside the 300-foot buffer, which is what the ordinance requires as far as notification, and he appreciates the fact that staff did not provide them any notices because the ordinance does not require it. He asked whether Mr. Rodgers could display the slide that shows the proximity of those homes to the proposed site (along Saguaro Boulevard) and Mr. Rodgers did so and stated that the closest homes would be some condominiums. Councilmember Leger asked Mr. Rodgers, in his professional opinion, from that distance which is just slightly outside of 300 feet whether there would be a visual impact for those people looking at a space right now t hat is open space to a certain extent. Mr. Rodgers responded that 300 feet falls just short of the Saguaro Boulevard right-of-way. Councilmember Leger said that if those residences were 25 feet closer there is a possibility that they would have received a notice regarding this case and Mr. Rodgers said if they were about 50 feet closer they would have received a notice. Mr. Rodgers confirmed that the residents in those homes will be able to see the structure. Councilmember Leger referred to the Van's st orage lot and questioned what is around the tower site and Mr. Rodgers replied RV storage. Councilmember Leger stated that it is highly unlikely that the tower would fall down but in the event that it did, it would put consumers at risk because their vehicles could be crushed. He asked to see the slide that showed the monopalm and the foliage that is there to camouflage the impact (the three additional palm trees). He noted that the condition for a Special Use Permit is to successfully provide tree cover age and foliage to minimize the visual impact. He stated that from his perspective in viewing the slide, that goal is not met in terms of providing a Special Use Permit. He commented that that is the concern that residents are starting to have with these palm z:\council packets\2015\r150903\150806m.docx Page 10 of 15 monopalms. He added that the saguaros tend to blend more into the environment. He further stated that he regrets that he voted to approve the monopalm behind The Alamo and said that it basically looks like this huge pole with some fig leaves sticking out of the top of it. He added that they have recently retrofitted that monopalm and Mr. Rodgers advised that they began with four-foot arrays and now have put in eight-foot arrays. Councilmember Leger expressed the opinion that now it just looks like a big piece of equipment up there in the sky and requested that the applicant come forward at this time. Mr. Declan Murphy, representing T-Mobil, addressed the Council and said that he works for a company called Cold Creek consulting and he has been exclusively been working on wireless in Arizona for 15 years. Councilmember Leger stated that he noticed in Mr. Murphy's letter, which was in the Staff Report, that he mentioned that there is a gap in coverage for T-Mobil and that was attributed to the fact that they have removed their technology from a flagpole or a post that was on Shea Boulevard near I-87. He asked Mr. Murphy if he would address the rationale behind removing that. Mr. Murphy explained that the flagpole at the entrance that was brought up earlier (when you get off I-87 and get on Shea Boulevard) has been removed so with that site being removed it creates a huge gap in the company's network. He reported that it served a lot of the homes along I-87 and a good portion of Fountain Hills. He added that when a company loses a site it is a big deal because customers who have coverage now lose it so they had to look for an alternative site and naturally they are looking at properties that are far away from residential areas and they need a willing landlord. He pointed out that the Van's Storage lot is in an industrial zone and most municipalities encourage the placement of such equipment in an industrial zone. He added that basically they are mimicking the site that was recently approved at the Fountain Hills Mini Storage on Colony Way. He noted that the proposed design is the same as the one used for that location. Mr. Murphy further stated that he has driven the site and there are a number of large industrial buildings between Van's Storage and the adjacent homes. He discussed the monopalms and agreed that they do not look like real palm trees but stated that at least they give people looking out at them some semblance of a palm tree in the distance. He said that they could put in taller palm trees but in his opinion all they would do then is draw attention to the actual monopalm. Mr. Murphy advised that this is a site that they really need versus "build it and they will come" and stressed the importance of moving forward so that service can continue uninterrupted. Councilmember Leger asked if the flagpole is on Town property and why the applicant has lost the ability to use that pole. Mr. Murphy responded that as far as he knows that property has been redeveloped and added that the wireless companies no longer own real estate, they lease the property, and this particular site lease is with a company called Crown Castle and they have given T-Mobil notice that the flagpole is going away. Councilmember Leger disagreed with Mr. Murphy's statement that the monopalm will not be visible and commented that the buildings in that industrial area are rather low. He explained that he is questioning the Town's procedures for issuing Special Use Permits and he doesn't think, based on what he is seeing, that it meets that particular condition criteria. He asked Mr. Murphy whether he has looked at some alternative site s close to that area where the company could engage technology that would be less intrusive than a 65-foot monopalm (he pointed out that the Town's condition asked the company to do that). Mr. Murphy replied that typically they use utility poles for a variety of reasons and every carrier has a relationship with SRP and APS. He said that after that they are looking at co-location at existing sites and the other option they looked at was possibly placing a saguaro near where the AT&T saguaros are located, just a bit northeast. He noted that that is probably a viable location but the company did not pursue it because the maximum height they would get there would be 30 feet to the top of the saguaro which means their central antenna would be somewhere between the 5 - foot range. He further stated that wireless companies are always encouraged to look at industrial properties as possible locations and he is not saying that they can hide a 65-foot structure because that is not going to happen. Councilmember Leger commented that he understands that but his concern is that it is a 65-foot structure in an area where the buildings are 35-feet tall and so it will stick out like a sore thumb. He added that he thinks that there is an z:\council packets\2015\r150903\150806m.docx Page 11 of 15 alternative site, on that ridge -- the hillside -- which would give the company an additional 30 feet in elevation and they could probably toss in a saguaro cactus. Councilmember Leger indicated his intention to address the Council at this time and noted that there is a situation where there are residents outside of the boundary and so the Council did not receive a lot of feedback. He advised that he did receive two phone calls and both gentlemen reminded him that some time ago there was a request for a Special Use Permit at Van's Storage and it was denied by the Council. He stated that of course the residents didn't want a monopalm there so with the help of Mr. Rodgers he did his own due diligence and although it was a while ago not much has changed and he discovered that on May 4, 2000, the Council denied the Special Use Permit. He added that then they were asked to reconsider issuing the Special Use Permit and on May 18, 2000 the Council agreed to reconsider the matter. He reported that another meeting was held on June 15, 2000 and the Council had a very extensive conversation on this issue and they unanimously stipulated that they preferred that the applicant loc ate the saguaro cactus so it would be less obtrusive on that ridge. He said when you look at the outcome of that meeting, that is what occurred. He advised that long story short, he is leaning towards recommending that the Council deny the Special Use Permit and requesting that the applicant look at an alternative site, which is the one that the applicant mentioned. Mr. Murphy addressed the Council and informed them that 15 years is night and day in this industry -- the technology rapidly changes and today a flagpole like the one they have on Shea is obsolete. He reiterated that the company is not looking for a site just for the sake of it, once the flagpole goes away there will be a T -Mobil gap in coverage in the Town. He added that everybody has a Smart Phone and people's appetite for the technology is not waning. He further stated that Fountain Hills gets a lot of visitors, both national and international, and T -Mobil is a GSM network which means that a lot of international visitors will be roaming on T-Mobil's network while in Town. He pointed out that the Council recently approved a similar monopalm on Colony Drive at the Fountain Hills Mini Storage close to residential at that location so an industrial park location appears to be the better choice out of the two. Mayor Kavanagh asked Mr. Murphy if he knew how many customers would be serviced by this and he replied that he didn't have any data (and companies are reluctant to provide that kind of information due to confidentiality issues). He added that T-Mobil is the one carrier that is adding customers at a faster rate than anyone else simply because they now offer international roaming, they have a flat price for data and the company as a whole is sitting really well with consumers. Brief discussion ensued relative to the view of the monopalm that the people in the residences would have as a result of this proposal. Councilmember Yates commented that as modern technology would have, Google does a wonderful thing that provides a line of sight from the street and although he appreciates what everyone is saying, the monopalms that were approved before were two feet above what the area dictated and now they are talking about 65 feet, 25 feet above the minimum and that is the concern. He stated that he is very practical and it is an industrial area so he is with him but when they pull up line of sight the palo verdes in the median provide more obstruction and the saguaros as well than this would 350 feet away. He said that he thinks everyone woul d be more comfortable if they could make it 40 or 45 foot high but he is still with him because the practical point is it is not going to obstruct anyone's view more than what is currently in place. He asked Mr. Murphy to explain why the company is putting a 65-foot high monopalm and not a 42-foot monopalm. Mr. Murphy responded to Councilmember Yates' question and advised that if they reduced the height to 45 or 42 feet, they would need another site in order to make up for the gap in coverage. He further stated that he understands the concern previously expressed by Vice Mayor Brown (towers will not be needed in the future) and noted that the industry is seeing a growth in the appetite for towers and unless the technology goes satellite, which he does not see happening in the foreseeable future, the industry's growth is crazy so he sees more towers in the future. He stressed the fact that the company is trying to meet consumer demands. Vice Mayor Brown said that Mr. Murphy did say that they could have two sites as opposed to one and have the same coverage. He added that he has to agree with the points that have been made and the Town has an ordinance that says 40 feet and 42 feet or 44 feet is one thing but 65 feet is four times higher than the buildings that are in Van's Storage z:\council packets\2015\r150903\150806m.docx Page 12 of 15 right now. He pointed out that that is considerably higher than anything else in the area. He asked whether they could do two sites as opposed to one while trying to stay within the 40-foot height limit. Mr. Murphy replied that it is a valid concern but added that he doesn't know whether there is another property owner out there that would be willing to lease space. He said that the 100 -foot fall zone criteria may not be able to be met by any property in the area. He added that 65 feet is actually the standard height for a tower such as this and stated that as a municipality they are faced with the challenge of deciding whether they want more towers or allowing towers such as this. He pointed out that a monopalm is a single-carrier site. Vice Mayor Brown advised that they need to take a look at the fact that the single-carrier pole at Colony was approved at 65 feet (same as the one at The Saloon, which is also 65 feet). Mr. Murphy said that the taller the pole, the better the service and the less sites you need and reiterated that they are trying to meet demands. In response to a question from Councilmember Magazine regarding how many sites the company looked at, Mr. Murphy reported that they looked at SRP, at Saguaro, and emphasized again that they gravitate towards industrial zones. Mr. Murphy advised that the company does not have a second choice and he doesn't know what the solution would be if denied because they looked at the hillside just east of SR-87 and there are a few saguaros out there right now on the Salt River Indian Community. He stated that there is no space up there and he doesn't know what the company would have done if the Van's Storage tower had not been approved because he doesn't see any opportunities around that area for a site other than Van's Storage. Councilmember Magazine said that it really frightened him when Mr. Murphy said that the demand for the towers is only going to grow. He asked if they are going to need more and more and there is no space what happens then? Mr. Murphy informed the Council that it is futuristic, but there is talk of handsets being able to transmit and something like that is going to have to happen. Councilmember Magazine stated that just for discussion purposes, what if the Council does approve the 65-foot monopalm, what is going to keep the company from entering into an agreement with Verizon to use the same one and how would that affect it? Mr. Murphy replied that on the retail side, there is fierce competition but on the infrastructure side they all have reciprocal agreements and they work very well together. He clarified that they all co -locate on each other's towers, it is a very easy thing to do and it benefits all of the carriers. He explained, however, that once you add another carrier to a monopalm it defeats the purpose -- it looks really odd and antennas go down to a lower level. He noted that they are trying to create something that does not draw attention. Councilmember Magazine stated that he went over to The Alamo the other day to take a look at their tower and said that it is a monstrosity and really ugly. He added that he would like to pick up on Vice Mayor Brown's idea and his suggestion would be to table this to give T -Mobil an opportunity to look hard around Town for an alternative site that would accommodate a 42-foot high monopalm and one at Van's about the same height, 42 or 45 feet in height. Mr. Murphy agreed with Councilmember Magazine's comment about the tower at The Alamo and explained that that is a whole different technology than what T-Mobil uses and they are not suited for palms because you really can't conceal them. He further stated that any reduction is size would result in a huge coverage gap. Councilmember Magazine said that he thought Mr. Murphy had advised that two 45-foot towers would work. Mr. Murphy responded that he is not saying that that would work but that is the only solution -- if they want to limit this one to 42 feet then he is sure the only other option would be to put in another monopalm. He noted that whether they put in a 65-foot monopalm or a 42-foot monopalm, they still have the same challenge -- finding a property that is suitable for the fall zone, look at commercial properties and he is sure that if he c ame back before the Council with a proposal for a monopalm on Shea that it wouldn't go down well, they would have to find a willing landlord which is z:\council packets\2015\r150903\150806m.docx Page 13 of 15 not easy to do because they encumber the property for 20 to 25 years -- and that is a big challenge for commercial property owners. Councilmember Leger stated that his responsibility is to look at the conditions of the Special Use Permit and said that he doesn't think that this particular project meets that criteria. He said that he understands that technolo gy has changed dramatically over the last 15 years but noted that AT&T is on that ridge, they were looking at Van's and they have made this work for them. He added that with respect to visual, he takes exception to that because the residents of those condominiums are not at street level, they are above street level, and beyond that if Mr. Murphy looked at Laser Drive on the other side of an adobe wall is the street is the street Tombstone and those people are high in elevation and they will see this thing. He further stated that all of that aside, he is in tune with the previous Council that denied the Special Use Permit and asked the applicant to look at the hillside and see if they could make it work. He advised that it is his understanding that there is about a 30-foot difference there and they are placing 35-foot saguaros up there, getting the height they need and making it work. Mr. Murphy said that the reason it works for AT&T is because they do have a saguaro just east of SR-87 on the hill, so that is why it works because they have two sites serving Fountain Hills and Shea Boulevard but T -Mobil doesn't have that, the company is losing the flagpole site at that intersection. Councilmember Leger stated that the bottom line is that AT&T has made it work, citizens are telling him that they can tolerate faux saguaros but they are fed up with the monopalms and don't want to see any more of them. He added that with that being said, he is prepared to make a motion. There were no citizens wishing to speak on this agenda item. Mayor Kavanagh declared the public hearing closed at 8:03 p.m. AGENDA ITEM #16 - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW T-MOBIL TO INSTALL A 65' TALL FAUX PALM TREE CELLULAR ANTENNA ARRAY WITH ATTENDANT GROUND EQUIPMENT AT 16701 E. LASER DRIVE, LOCATED IN THE "IND-1" ZONING DISTRICT. CASE #S-2015-13 Mayor Kavanagh announced that Councilmember DePorter has indicated his intention to make a motion so she will go to him first. Councilmember DePorter MOVED to approve the Special Use Permit to allow T-Mobil to install a 65' tall faux palm tree cellular antenna array with attendant ground equipment at 16701 E. Laser Drive as outlined and subject to the stipulations contained in the Staff Report and Councilmember Yates SECONDED the motion. Councilmember Leger MOVED to amend the motion and direct the applicant to look for an alternative site and to increase the size of their natural palms to a minimum of 50 feet and Councilmember Magazine SECONDED the motion for the purpose of discussion. Councilmember Magazine advised that he doesn't understand how the amendment works with the main motion. Mayor Kavanagh said that they are starting with the amended motion. Town Attorney Andrew McGuire stated that as far as he understands it, the amendment to the motion would change the motion 180 degrees from approval to direction to seeking alternative sites. He added that he is not understanding how the additional condition of the faux palm trees fits. Councilmember Leger MOVED to modify his motion to state that the applicant look for an alternative site and Councilmember Magazine SECONDED the motion. Mayor Kavanagh called for a roll call vote on the amendment. z:\council packets\2015\r150903\150806m.docx Page 14 of 15 A roll call vote was taken with the following results: Mayor Kavanagh Nay Vice Mayor Brown Aye Councilmember Nick DePorter Nay Councilmember Cecil Yates Nay Councilmember Cassie Hansen Nay Councilmember Alan Magazine Aye Councilmember Henry Leger Aye The motion FAILED by majority vote (4-3) with Mayor Kavanagh, Councilmember DePorter, Councilmember Yates and Councilmember Hansen voting Nay. Mayor Kavanagh announced that they would now go back to the original motion. Councilmember Leger indicated his intention to amend the main motion. Councilmember Leger MOVED to amend the motion to require the applicant to do a better job at camouflaging the 65-foot monstrosity with larger palms to lessen the impact, which would come a little closer to meeting the Special Use Permit conditions and looking at their telemetry. Councilmember Leger commented that he looked at that himself and he believes they are looking at 45 feet and probably 50 or 55 feet would be a nice distance below it and they would still have their coverage sticking out from the top of it. He expressed the opinion that this is a good compromise. Councilmember Magazine SECONDED the motion. Councilmember Leger clarified his motion and Councilmember DePorter said that that would be acceptable to him as part of his motion and Councilmember Yates renewed his second to the motion. A roll call vote was taken with the following results: Mayor Kavanagh Aye Vice Mayor Brown Aye Councilmember Nick DePorter Aye Councilmember Cecil Yates Aye Councilmember Cassie Hansen Aye Councilmember Alan Magazine Aye Councilmember Henry Leger Aye The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #17 - 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. Councilmember Magazine suggested that they review the regulations regarding the 300 -foot buffer and said that the distance seems inadequate to him as far as notifying people, particularly if they are talking about a 65-foot edifice. Mr. Miller said that staff will come back with a Staff Report on that. z:\council packets\2015\r150903\150806m.docx Page 15 of 15 AGENDA ITEM #18 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER. None. AGENDA ITEM #19 - ADJOURNMENT Vice Mayor Brown MOVED to adjourn the meeting and Councilmember DePorter 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 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 6th day of August, 2015. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd day of September, 2015. _____________________________ Bevelyn J. Bender, Town Clerk