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HomeMy WebLinkAbout2015.0115.TCRM.Minutesz:\council packets\2015\r150205\150115m.docx Page 1 of 12 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 15, 2015 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers * INVOCATION – Pastor David Taylor, First Baptist Church of Fountain Hills * ROLL CALL Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Cecil Yates, Councilmember Nick DePorter, Councilmember Dennis Brown*, Councilmember Alan Magazine and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. * Councilmember Dennis Brown participated in the entire meeting through the use of teleco nferencing equipment. Councilmember Cassie Hansen arrived at the meeting at 6:37 p.m. * MAYOR’S REPORT None. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review recent events attended relating to economic development. Mayor Kavanagh advised that MAG (Maricopa Association of Governments) has come up with some enhanced mapping and reporting tools that will be very useful to the Town's Economic Development Director, Scott Cooper. She explained that it is an online demographic and information mapping system, not only for the region and state, but for each individual municipality. She noted that the online mapping tool can be found at http://ims.azmag.gov. She stated that residents can go to it and check out Fountain Hills --maybe they would like to know who is the biggest employer, how many people live and work in Town, etc. and this information and more are available on the site. She said that MAG, in partnership with the AZ Commerce Authority, has opened an office in Me xico, which will be able to link businesses in Arizona that want to do business with companies in Mexico, especially in the area of exporting American goods and services. She noted that MAG's online database of businesses called ConnectBIEN aids businesses looking for contacts for goods and services that they need. She added that this is a free online database that can be found at ConnectBIEN.com and said that local business owners should check out the advantages of this site. She further stated that GPEC (the Greater Phoenix Economic Council) discussed some new direction for the organization, including a reduced emphasis on solar since that market isn't doing very well in AZ. She advised that GPEC's presence in China, that for the most part dealt with t he solar industry, would be greatly reduced. She pointed out that the new focus will be strictly on attracting companies from other states in line with the Governor's new directives and a continuation of their Velocity STEM initiative. ii) Presentation by Shelly Mowrey, Fountain Hills Substance Abuse Prevention Coalition Director, regarding successes and accomplishments. Fountain Hills Substance Abuse Prevention Coalition Director Shelly Mowrey addressed the Council relative to this agenda item and introduced members of the Coalition present at the meeting. She highlighted a PowerPoint (available on line and in the office of the Town Clerk). Her presentation included the following: * Organization's Mission Statement * Collaboration Across Sectors * Major Successes Text-A-Tip z:\council packets\2015\r150205\150115m.docx Page 2 of 12 Early Action Kit Safe Homes Network Awareness Via Media * Youth Involvement * Awards & Accomplishments * Front Page News * Great Outcomes * Next Steps Ms. Mowrey presented the Council with "Super Hero Capes" because she knows they want to do all they can to help the Coalition's cause and thanked the members for their support. She indicated her willingness to respond to questions from the Council. Mayor Kavanagh thanked Ms. Mowrey for all of her work and stated that she has done a fantastic job. She added that the Coalition is made up of an incredible group of people and more and more people are wanting to get on board thanks to their efforts. Councilmember Magazine also expressed appreciation to Ms. Mowrey and said that she and her group are doing an outstanding job. He advised that he attended two of the Coalition's focus groups and came away with the feeling that alcohol is a bigger problem than drugs in the community and that peer pressure plays a tremendous role. Vice Mayor Yates asked if there was a website where people could access the information and Ms. Mowrey stated that the Coalition's website is fhcoalition.org and added that she would also be happy to put something together and send it out to the members of the Council. iii) Recognition of an award presented to the Community Services Department for the Outstanding Cultural Awareness Program by the Arizona Parks and Recreation Association at their annual conference in Chandler on August 14, 2014, in recognition of the Chinese Lantern and Folk Festival. Director of Community Services Mark Mayer addressed the Council relative to this agenda item and provided background information on the Arizona Parks & Recreation Association and the award. He displayed the award that was presented to the Community Services Department in recognition of the 2014 Chinese Lantern and Folk Festival and highlighted a number of impressive photographs of the previous event (available on line and in the office of the Town Clerk). He reported that unfortunately the event will not take place in Fountain Hills in 2015 but had been moved to Peoria due to calendar issues (unavailability of contiguous dates). Mayor Kavanagh congratulated Mr. Mayer and his staff on this accomplishment. iv) Presentation of the Tourism Program with an annual summary as the program completes one year under Town staff management. Recreation Supervisor Rachael Goodwin and Tourism Coordinator Grace Rodman-Guetter addressed the Council relative to this agenda item and noted that they are there to celebrate and provide an assessment on one full year of tourism under staff's management. They highlighted a brief PowerPoint presentation (copy available on line and in the office of the Town Clerk). The presentation included the following: * Accomplishments/Change & Growth * Tourism as a Brand * New Marketing Campaign & What it Highlights * Publications (Redesigns and Creations) * Publication Distribution * Stakeholders - Who they are and what is being done for them * Advertising * Brand Exposure * Tourism Website * Analytics - Who is the audience? (Over 70% are between the ages of 25 and 44) z:\council packets\2015\r150205\150115m.docx Page 3 of 12 * Top ten cities that capture the most traction on the Town's online platforms (Facebook Insights: Reach by Region) * Audience Reach * Next Steps Ms. Goodwin and Ms. Rodman-Guetter indicated their willingness to respond to any questions from the Council. Mayor Kavanagh stated that the staff has done a really outstanding job in just one year. She noted that their efforts are just in time for the Barrett-Jackson car show and said that she knows that the hotels have been distributing the Town's brochures. She added that with the Super Bowl coming there are lots of rooms being re served in Town and elsewhere and she hopes that in the near future they can add the Salt River Maricopa Indian Community to their list of partners. She advised that she has been meeting with their new President and he is very open to joining in with the Town's tourism efforts. Vice Mayor Yates also stated that Rachael and Grace have done a wonderful job and said that he knows that they are working with Scott Cooper. He suggested that they take this information and make some other pinpoint recommendations -- what can they tell the Council about some other functions they need to have, some other businesses that they might be able to attract, some housing options that they should be looking at -- any meat and potatoes they can share with the Council based on their findings. Ms. Goodwin commented that she and Ms. Rodman-Guetter had a similar conversation with Scott Cooper the other day and they understand that there are some new facilities coming in specific to the medical industry so if that is where they are making strides they want to continue to branch out from there to attract other similar or like industries. She added that as far as housing they had a conversation with a millennial who discussed what criteria he looked for when he decided to settle down and one of them was the cost of housing. She stated that she knows that Fountain Hills is a little higher than the average in the valley but she was able to counter with the fact that people get a little more than they pay for in Town -- great amenities, small town feel without a small town location. She said she hopes they can continue to have events that will attract people to the Town and change their mindset about Fountain Hills being just for an older demographic. She added that the Town's schools are also very attractive in that they have a very high rating. Councilmember Magazine stated that their productivity is very impressive and they have accomplished a lot in a relatively short period of time. He stressed the importance of ensuring that that the Town is getting th e biggest bang for the buck. He said in addition to looking at the analytics from social media and so on, he wanted to know if they have given any thought to how they might do evaluations on some of the other things they are doing -- i.e., they are spending money on advertising and he urged them to evaluate the impact of what they are doing. He noted that they have a lot of moving parts and so he suspects that there may be ways to isolate and evaluate some pieces of it to get some sense as to whether they are getting the return they want for the monies spent. He said it may be that for some money spent they might want to go in another direction but he urged them to keep an open mind on that and possibly look at some evaluation in the future. CALL TO THE PUBLIC Town Clerk Bevelyn Bender advised that there were no requests to speak under this agenda item. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM DECEMBER 18, 2014. AGENDA ITEM #2 - CONSIDERATION OF A SERVICE AGREEMENT WITH BEL-AIRE MECHANICAL, INC., IN AN AMOUNT NOT TO EXCEED $41,010.00, FOR THE PURCHASE AND INSTALLATION OF COOLING TOWER #2 REPLACEMENT. AGENDA ITEM #3 - CONSIDERATION OF APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $143,722.18 FROM THE SPECIAL REVENUE FUND TO THE FACILITIES REPLACEMENT FUND TO PROVIDE BUDGET AUTHORITY FOR EXPENDITURES. z:\council packets\2015\r150205\150115m.docx Page 4 of 12 Vice Mayor Yates MOVED to approve the Consent Agenda as listed and Councilmember DePorter SECONDED the motion. A roll call vote was taken with the following results: Mayor Linda Kavanagh Aye Councilmember Alan Magazine Aye Councilmember Dennis Brown Aye Vice Mayor Cecil Yates Aye Councilmember Cassie Hansen Aye Councilmember Nick DePorter Aye Councilmember Henry Leger Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM #4 - CONSIDERATION OF APPOINTING TWO (2) CITIZENS TO SERVE ON THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION FOR A THREE (3) YEAR TERM BEGINNING JANUARY 15, 2015 AND ENDING DECEMBER 31, 2017. Mayor Kavanagh MOVED to appoint Bill Myers and Bill Craig and Councilmember Hansen SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #5 - CONSIDERATION OF APPOINTING THREE (3) CITIZENS TO SERVE ON THE BOARD OF ADJUSTMENT FOR THE PERIOD BEGINNING FEBRUARY 1, 2015 UNTIL JANUARY 31, 2017. Mayor Kavanagh MOVED to appoint Daniel Halloran, Nick Sehman and John Kovac and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The Mayor thanked them for their service to the Town. AGENDA ITEM #6 - CONSIDERATION OF APPOINTING TWO (2) PLANNING AND ZONING COMMISSIONERS TO FILL A SEVEN (7) MONTH TERM ON THE COMMISSION BEGINNING FEBRUARY 15, 2015 UNTIL SEPTEMBER 30, 2015 AND ONE ONE (1) YEAR AND SEVEN MONTH TERM BEGINNING FEBRUARY 15, 2015 UNTIL SEPTEMBER 30, 2016. Mayor Kavanagh MOVED to appoint Denise Ham for the seven month term and Eugene Mikolajczyk to the longer term and Vice Mayor Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). Mayor Kavanagh thanked the appointees for volunteering and stated that the Council and the Town appreciate their service. AGENDA ITEM #7 - CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR THE SLIDE THE CITY EVENT PRESENTED BY NICHELLE JENSEN, TO BE HELD IN FOUNTAIN HILLS ON SATURDAY, APRIL 25, 2015. THE EVENT WILL BE OPEN TO THE PUBLIC FROM 11:00 AM TO 6:00 PM AND WILL REQUIRE A 24-HOUR TEMPORARY ROAD CLOSURE OF PALISADES BOULEVARD, FROM N. SUNFLOWER DRIVE TO LOST HILLS DRIVE, BEGINNING AT 12:00 AM ON SATURDAY, APRIL 25TH AND REOPENING BY 11:59 PM. Recreation Supervisor Rachael Goodwin addressed the Council relative to this agenda item and noted that this is a brand new event that she wanted to introduce to the Council. She advised that the Slide the City event, is one that combines the excitement of a water park with family fun to create a one of a kind experience never seen before in Arizona. She noted that it is comprised of a 1,000-foot "Slip and Slide" style water ride and the event itself encourages families and people of all ages to enjoy outdoor recreation time in a safe and fun environment. She said that staff has been working on this since the fall and there are four potential dates and locations within the State of Arizona. She z:\council packets\2015\r150205\150115m.docx Page 5 of 12 advised that the Fountain Hills event looks to be the inaugural event of this kind to be held on Saturday, April 25, 2015 and other locations that will host Slide the City events around the State include Phoenix, Tucson and Flagstaff. She stated that the event hopes to draw about 4,000 participants throughout the day and includes additional features such as food trucks, water games and music by a local radio station. She reported that non-riders are invited to attend at no charge. She informed the Council that in order for a slide of this design to function a specific topography is needed, which must include a modest hill or incline; after multiple staff evaluations, the section of Palisades Boulevard between Sunflower Drive and Lost Hills Drive was determined to best meet the needs of the eve nt organizer while supporting needed logistics such as event parking, detour routes and resident impact. She pointed out that the closure will be in effect from 12:00 am through 11:59 pm and discussed other locations that have been considered. She said that the Maricopa County Health Department, Fountain Hills Unified School District and Fountain Hills Sanitary District have been contacted and have provided written approval of the event. She further stated that upon Town approval, detour options for this area of Palisades Boulevard will be developed utilizing El Lago and Fountain Hills Boulevard as the primary alternative routes. She added that no residents will be land locked; all will have alternative access in and out of their developments. She noted that event organizers will also distribute information about the road closures to impacted residents at least ten days before the event date. Ms. Goodwin displayed photos of a previous Slide the City event that took place in Salt Lake City, Utah, and s aid that Nichelle Jensen would now address the Council. In response to a question from the Mayor, Ms. Goodwin advised that no one would be technically land locked as a result of this event. She further stated that they have been working with in -house staff and the Sheriff's Office on the traffic plan and they do have alternate routes and are able to divert traffic. Vice Mayor Yates said that he would presume that people coming into Town would park at the high school and Ms. Goodwin confirmed that the high school parking lot is the primary parking location and they are working with Nichelle Jensen to potentially come up with some other parking locations. Councilmember Hansen referred to the u-tube videos of this event and said that the ones that she looked at were primarily in commercial, downtown areas. She stated that she knows the report mentions Avenue of the Fountains as a possible location. Ms. Goodwin commented that that was staff's first choice but unfortunately the slope on Avenue of the Fountains is not significant enough to facilitate this event. Councilmember Hansen asked whether any consideration was given to Palisades in the Downtown area, between Verde River and La Montana and Ms. Goodwin responded that with the construction that will be occurring on Saguaro, staff felt that was probably not the best choice for this year. She added that should they evaluate that once the construction is complete and find that that is the better fit they can certainly look at that. Councilmember Hansen advised that she has some concerns with the location despite the fact that there is a frontage road. She stated that when you look at the videos you see that this is like a big party and there is going to be a DJ there and probably loud music and with 4,000 people in this one area she thinks it will be pretty disruptive for the people that do live along Palisades because they aren't that far from the event. She added that considering the start up time and set up time starts so early and that the take down goes so late that will be a major disruption for a residential area. Ms. Goodwin commented that they certainly do not want to disturb the residents and a lot of the time that it takes for the set up is for the filtration system, the water and what not so staff would anticipate that it would have a minimal impact (no heavy machinery will be brought in or anything of that nature for construction purposes). Councilmember Hansen also noted that people are going to be there all day long having fun and making noise and stated that she would be more comfortable if they could do some sort of a mailing to those impacted homes. Ms. Goodwin said that staff would advocate for that and that is actually part of the discussion that they are having with Slide the City -- they would be required to give a minimum of ten days notice to all impacted residents in the area, including maps showing what streets would be impacted and what the alternate routes would be so people have a clear idea of what that is. z:\council packets\2015\r150205\150115m.docx Page 6 of 12 Councilmember Hansen stated that she would like the residents to have notice prior to the event so they could provide input on whether or not they would like to have this event in front of their homes. Discussion ensued relative to set up and event hours; the fact that Councilmember Leger shares some of the same concerns as Councilmember Hansen as far as where the event is proposed to take place; and the fact that there is an access road but there are also a lot of homes that front that site. In response to Councilmember Leger's question, Town Clerk Bevelyn Bender confirmed that there were no requests to speak on this item and Councilmember Leger stated that that in itself indicates the tremendous need to communicate because something of this nature would typically bring in a lot of people. He added that at this point he is not sure that there is anyone in that neighborhood who is aware of this event unless they read the Fountain Hills Times. He further stated that approving this item this evening without having a traffic mitigation plan, parking scenarios, etc.. is somewhat disconcerting to him. He pointed out that the proposal talks about using the Fountain Hills High School as a parking area and asked if there were any thoughts from a safety perspective in terms of getting people from there up to the site, which is at the top of Palisades (working with MCSO, traffic mitigation at that intersection). Ms. Goodwin said that this has been vetted through the Special Events Committee and has been approved by all of the agencies, including the Sheriff's Office. She noted that it takes a gr eat deal of time to get traffic plans set and squared away and as a result of discussions between the event coordinator and staff they felt they should not move forward with that unless they first knew that the event had Council's support. She added that if support to proceed with the event is given this evening, staff would certainly work with staff from the Town's Engineering Department and make sure that the plan would work. She said that they have a preliminary thought process in place using El Lago a s the primary detour route. Councilmember Leger noted that they have all witnessed the Great Fairs and know that people will park just about any place where they can find a parking space. He stated that in addition to the noise, and it is going to be n oisy, and the fact that people need to be aware of what is going to happen in their front yards sooner rather than later, parking is important. He asked whether they were going to be able to have some of those streets, particularly the access road, closed down to only local and neighborhood parking because he can envision people turning off of El Lago and parking throughout that whole neighborhood, which would be extremely disruptive. Ms. Goodwin reiterated that their intent is not to disrupt the reside nts but rather to enhance what they do offer in Town. She said that staff would definitely work with the Sheriff's Office to mitigate traffic over there and to reduce it and restrict it to residents only. Councilmember Leger advised that he applauds the event but stated that it will be disruptive to the neighborhood so staff needs to do as much as they can to minimize that because it is going to start with parking and not allowing people to park on those neighborhood streets, which then asks the question, "where are people going to park?" Councilmember Magazine stated that he believes he read that the fee ranges between $15 and $55 and asked what that meant. Ms. Goodwin replied that it is a range because it is based on when the tickets are purchased and the number of trips down the slide that people want to take (per the Slide the City organizers). She added that her understanding is that there is an Early Bird option (tickets are purchased well in advance), the standard registration window and the day o f the event and if people commit early they will get a better rate. She confirmed that it is a for-profit venture. Councilmember Magazine commented that the fees struck him as being high and asked if these are the same fees that have been charged for other venues. Ms. Goodwin responded yes, as far as she knows but she can ask Nichelle to comment on that. She added that the cost is similar to what it would cost to spend a day at a water park. Councilmember Magazine noted that they talk a lot about how they don't have a lot of activities for young people in Town so he thinks this would be outstanding and kids would like it. He asked if they have taken a look at the average z:\council packets\2015\r150205\150115m.docx Page 7 of 12 age of people who go down the slide because he would imagine that there are not a lot of older people who line up to go down the slide in a bathing suit. Ms. Goodwin advised that it is used primarily by youths and families and the minimum age to ride is six years old so young families could certainly come out and there is also attraction for a late teen to early 20 age bracket that might not have family or children in their household but certainly enjoy a fun afternoon. Councilmember Magazine said that if a parent wants to take their six year old child down the slide once and it costs $15, that seems awfully high to him. Ms. Goodwin stated that her understanding is that it does come with some other amenities but she will refer to Nichelle on that (mouth guards and water based toys). She noted that parents do not have to pay to get in unlike other events that do charge even if the parents do not participate in the rides or games. Councilmember Magazine asked whether there are any liability issues and if the Town is held completely harmless should someone have an accident. Ms. Goodwin advised that liability insurance is required naming the Town as an additional insured provided by the company, just like they would for any events that come into Town that they are not hosting. She added that if there are any other liability concerns, she is certain that they can vet them with Town Attorney Andrew McGuire to make sure that the Town is fully covered. Councilmember Magazine asked whether Mr. McGuire had any comments to offer regarding this matter. Mr. McGuire said that the Town typically has a minimum policy limit on events in the amount of $2 million aggregate. He noted that if there is going to be an identified high-risk event like something where fireworks will be shot off, the amount is usually increased but he doesn't know whether this rises to that level. He said it has the potential for injury but so does every event that takes place in the Town. Councilmember Magazine asked whether staff or the event organizers are aware of any serious accidents that have occurred because of this type of activity and Ms. Goodwin advised that she is not. She stated that she did a little background work with two of the other event locations that were held and they did not have any in juries reported that she is aware of. She further advised that she knows participants have the option of wearing a helmet if they so wish for safety reasons and they are available at no charge. Councilmember Magazine commented that he believes he read something about contributions to local non-profits from the company but it wasn't specific about what it was -- he asked what it is, how it is done and what the selection process is. Ms. Goodwin responded that should the event be approved, the event organizers would work with a local based non- profit for volunteer support -- they ask for 100 volunteers to cover different shifts throughout the day. She said that the non-profit is compensated for those volunteers and staff has broached the potential of whet her the Town could be recognized as the partnering entity should they be able to provide volunteers and act in that role. She reported that if that was agreed upon, and if the Town would like to take that on, they can certainly do that. She noted that compensation is $65.00 per shift per person ($6,500 total with 100 volunteers). Vice Mayor Yates said that although he more than appreciates everyone's concerns, he is looking at the demographics and young families, the fact that it will cost the Town nothing, it takes place during the daylight hours in the summer and people will be out all day so he is all for it and he commended staff on their efforts. Mr. DePorter advised that he too is very excited about the proposed event and he thinks that some of the households along the slide's route will also be excited about this. He thanked staff and stated that he believes they have identified the best location for this in Town. Councilmember Brown said that he too is in support of this event and he thinks it would be good for the Town and he would hate to see it bypass Fountain Hills. He added that he thinks they should also spend some time selling this event to the local residents who are going to be affected by this. He stressed the importance of making sure that they will z:\council packets\2015\r150205\150115m.docx Page 8 of 12 also support it and are not totally against it. He stated that he doesn't believe that this has been vetted with the residents and that would be his only concern. Nichelle Jensen with Slide the City addressed the Council and advised that the event is an enjoyable, fun experience for all ages and she has seen all ages participating in the event. She said that the company is committed to making sure that this is a positive experience for the Town and they want to do their best to accommodate whatever needs the Town has. She noted that the proposed location is more of a residential area than they have typically used and she has had some traffic plans made by Trafficade, a company that the Sheriff's Department has worked with in the past. She advised that they come out to the event and do traffic control, set up the b arricades and are out there for the day. She added that they could also decide to contract out with off-duty Sheriffs or Police Officers so that they can be out there routing any questions that the residents might have to the right people and addressing a ny traffic concerns that might arise. She stated that they have typically chosen to contract with the Sheriff's Department and/or Police Department for those services. Ms. Jensen informed the Council that no injuries have been sustained by participants at any of their events and noted that they do have a very strong insurance policy (at least $2 million aggregate) and the premium for that coverage is very high and impacts the cost of the event tickets. She said they also work with a local charity and they are happy to take suggestions for any non-profits that the Council might recommend. She informed the Council that there are plans for alternate routes and the company intends to notify residents along the route at least ten days prior to the event and provide them a route map for traffic detours as well as information regarding what the event will entail so that they can make plans accordingly that best fit their needs. Councilmember Magazine commented that he too is enthusiastic about this taking into account the caveats that have been mentioned. He questioned whether the event could be conducted on an annual basis if it turns out to be wildly popular and successful without a lot of backlash and Ms. Jensen responded yes, the company would love for it to become an annual event. She further stated that she loves Avenue of the Fountains but unfortunately that location would not work and since this will be the first time the event is held in Town, they wanted to make sure that it was as successful as possible and goes over very smoothly. She added that in the future they could look at alternate locations. Councilmember Leger pointed out that Ms. Jensen had stated that previous events were held in more commercial areas and he is very enthusiastic about the event and the Town certainly needs more of these events, but he is also mindful that they do this for economic development and economic impact and he is always looking at balance -- balancing residential needs with business needs -- and that is why he is concerned about where it will be held. He added that he thinks they chose a good place in terms of the way the streets are divided and he doesn't think people will be kept from getting to their homes. He asked whether there is a way that they could mitigate people who are visiting and coming to listen to the music and so forth from parking in those residential areas and noted that this is his main concern. He asked whether Ms. Jensen and the company have considered shuttling and asked whether they have ever done that. Ms. Jensen replied that there are a few parking lots at the proposed location but because it is just the downtown environment, people know to rely on public transit so it is a little bit of a different situation. She stated that it will be the company's responsibility to put the parking options out there but they do have Golden Eagle parking lot, the high school and another area and they are working on a lot of street parking. She reiterated that they will be happy to notify residents and make sure that this is something that they are willing to do. She advised that she has canvassed the area and she is not sure how far people will attempt to go into residential areas. She said that she knows that parking is not allowed on Palisades on either side but they have planned for the east side of Palisades to be the actual location of the slide (where the sidewalk is). She added that the opposite side will be just for spectators and emergency vehicles should that need arise. She stated that they would be willing to do shuttling but pointed out that they haven't done it in the past. She said she is open to being creative and taking suggestions. Councilmember Leger commented that they are being asked to approve something but a lot of the data is not on the table and he thinks that parking is critical. He said he has lived in Town for many years and they can't just plop down an event like this and close down a major street in the middle of a residential area. He noted that there are events like this that occur in different cities and traffic control typically allows only local access for residents and that is a possibility. He stated that shuttling might not make sense and they don't know how many people are going to attend the event and maybe the high school will be able to accommodate the parking needs. He pointed out that he does want z:\council packets\2015\r150205\150115m.docx Page 9 of 12 the event to be successful and he does want it to come back annually and so the premier event is going to be critical. He asked Ms. Jensen to outline the company's notification process. Ms. Jensen advised that they will go door-to-door and she confirmed that she would be available to answer questions and field concerns from residents. Vice Mayor Yates said he thinks that Ms. Jensen and staff are in a good spot and have done much of the due diligence. Vice Mayor Yates MOVED to approve the Special Event Application as presented Councilmember Magazine SECONDED the motion. There were no citizens wishing to speak on this agenda item. The motion CARRIED by majority vote (6-1) with Councilmember Hansen voting nay strictly based on the location of the event. Mayor Kavanagh thanked Ms. Goodwin for her work on this event. AGENDA ITEM #8 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW T-MOBILE TO INSTALL A 72' TALL FAUX PALM TREE CELLULAR ANTENNA ARRAY AT 12031 N. COLONY DRIVE, LOCATED IN THE "C-3" ZONING DISRICT. CASE # SU2014-05 Mayor Kavanagh declared the Public Hearing open at 7:49 p.m. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and highlighted a brief PowerPoint presentation on this issue (copy available on line and in the office of the Town Clerk). He noted that the property is located on the north side of Colony Drive and is currently occupied by a mini -storage facility. He said that the Monopalm and ground equipment are proposed to be surrounded by a six -foot tall chain link fence, which is then surrounded by nine protective bollards. He explained that in order to grant a Special Use Permit (SUP) certain criteria have to be met in accordance with the ordinance. He stated that C-3 has a height allowance of 40 feet or a waiver (SUP) and this proposal is for 72 feet so a waiver would be necessary. He added that staff believes that the Monopalm design as well as the additional palm trees that staff is recommending will adequately mitigate this issue and allow for the waiver. He discussed additional ordinance requirements including tower height and required waiver and staff's recommendation and said that staff believes that the only situation that could be detrimental to nearby properties would be if the tower should fall northward toward the condominiums and even then it would first fall on the storage facility itself and possibly into the alley. He pointed out that the property is completely developed and the topography will not present any problems with the placement or the use of the tower. He informed the Council that the Planning & Zoning Commission and staff are recommending that three additional palm trees be added in the vicinity of the tower. He added that staff believes that the Monopalm design is appropriate and meets Town criteria and noted that access is excellent. He advised that the Planning & Zoning Commission voted to recommend approval with the appropriate waivers and additional recommendations as outlined in the Staff Report. He stated that staff also recommends that the Council approve the Special Use Permit as recommended by the Planning & Zoning Commission. He said that the applicant is present and would like to address the Council to voice his objection to planting three additional palm trees. In response to a request from Councilmember Leger, Mr. Rodgers explained that there is a requirement in the Special Use Permit section relative to blending these towers whenever possible and obviously these towers are not blendable per se but a typical solution to that in the past has been to plant additional palm trees nearby in an effort to give the semblance of a palm tree grove. He added that the idea is to try and make sure that the Monopalm does not stick out like a sore thumb and although the Monopalm will be taller, the hope is that the additional palm trees will grow over time. He said that this is the same stipulation that they applied to the faux palm behind The Alamo. He confirmed that Planning & Zoning approved this subject to the proposed stipulations. Vice Mayor Yates asked if they had another single pole in the Town which does not have three additional trees around it and Mr. Rodgers responded no, there are three palm trees there too (behind The Alamo). Ms. Bender advised that she has one speaker request and it was from the applicant. z:\council packets\2015\r150205\150115m.docx Page 10 of 12 Declan Murphy, representing Coal Creek Consulting for T-Mobile, addressed the Council and said that he understands why a request for additional palm trees was made but said with this particular piece of prop erty they have a unique situation because all of the space within the property is revenue generating space. He noted that their footprint is a little more than a handicapped parking spot so everything is pretty condensed into 240 square feet. He stated t hat T- Mobile doesn't have any problem with live palm trees and receives requests for them from cities and towns throughout the Valley but in this case it does create a problem for the property owner and obviously giving up parking spaces next to the proposed T-Mobile footprint is obviously going to prevent those spaces from generating revenue. He advised that the owner is present in the audience and would be happy to address the Council if they so wish. Councilmember Magazine asked if he was correct in thinking that the palm trees would not be visible to any non- commercial residents (would any residents see anything?). Mr. Murphy replied that the 72' Monopalm is going to be visible there's no denying that and obviously it is of a stealth nature. He added that T-Mobile has agreed to match the exact color and type of the Monopalm th at currently exists at The Alamo. He pointed out that there are three live palms approximately 100 feet away and he thinks that will help mitigate the proposed Monopalm. He said he is not sure that planting three additional 30 to 35-foot tall live palms would make much of a difference at half of the height of the proposed Monopalm. Councilmember Magazine commented that he is not sure that he sees the rationale for the three additional palm trees but there must be some reason why they want to do it but he would have to be convinced of that. Mr. Murphy stated that from their perspective they would argue that the three existing palm trees are sufficient to mitigate the Monopalm. Mayor Kavanagh advised that the palm tower itself is going to be generating revenue for the applicant and asked the applicant to clarify his statements about losing space for parking. Mr. Murphy said that being a storage facility every space there gen erates revenue and T-Mobile will pay rent for the use of the space. He further stated that they are at the upper limit of costs as far as the lease rate and the fact that the y are doing a Monopalm and matching what AT&T has at The Alamo. He reiterated th at normally the company would not have a problem with planting live palm trees but in this case it would affect the property owner and they would probably lose one or two parking spaces because of the trees (lease generated parking spaces). He added that that could make the site cost prohibitive. Councilmember Brown pointed out that there is a landscaped area between the east wall and the street that the Town requested years ago be landscaped so that they didn't have to look at the wall -- the residents of the multi-family units to the east didn't have to look at just a straight bare wall. He asked whether they could consider replacing one of the trees with a couple of palm trees or using that landscaped area as opposed to taking up any more of the space inside of the rental space. He added that it makes good sense because they are only talking a distance of one foot difference to the east where they are asking to have the palm trees planted. Mr. Rodgers noted that the trees that are along the back alley were put in more or less to serve as a buffer for the condominiums that are across the street. He said that they were being watered by the condominiums and then they requested that the property owner water them and he said he didn't want to so there won't be any water out there for palm trees. He added that desert trees might survive but palm trees would not. Councilmember Brown commented that they could try and work with the owner a little bit and if there is a bare spot along that wall close to the tower and the owner of the property was willing to put in a small irrigation system for the palm trees he believes that would make good practical sense. Jim Klunghess, the owner of the property, addressed the Council and expressed the opinion that Councilmember Brown's suggestion makes a lot of sense. He stated that there just is not enough room to put the palm trees inside of the gate. He noted that people are taking furniture and moving it around to the mini -storage units and there are trucks and just not enough room. He advised that he would be happy to put some kind of an irrigation system in there. z:\council packets\2015\r150205\150115m.docx Page 11 of 12 Councilmember Leger said that during the presentation it was stated that the 72-foot faux palm could possibly fall onto the facility and asked if the owner has any concerns about that. Mr. Klunghess responded that he has insurance and so does T-Mobile. Mayor Kavanagh declared the Public Hearing closed at 8:06 p.m. AGENDA ITEM #9 - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW T-MOBILE TO INSTALL A 72' TALL FAUX PALM TREE CELLULAR ANTENNA ARRAY AT 12031 N. COLONY DRIVE, LOCATED IN THE "C-3" ZONING DISRICT. CASE # SU2014-05 (For discussion of this item see Agenda Item #8 above.) Councilmember Leger stated that it sounds like Councilmember Brown made a revision to the stipulations that go along with this so he would imagine that in making a motion they would have to change the stipulations in terms of the location of the palm trees. He added that perhaps Councilmember Brown would like to do that and Councilmember Brown advised that he would do that. Mayor Kavanagh commented that she was going to ask Councilmember Brown if he did want to make the motion with his stipulations. Councilmember Brown MOVED to approve the Special Use Permit with the stipulation that the palm trees be placed at the east side of the existing 6 -foot privacy wall in an area that is sparse of the existing trees and the stipulation that the owner of the property will take responsibility for irrigating the palm trees and Vice Mayor Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). (Councilmember Brown left the meeting at 8:07 p.m.) AGENDA ITEM #10 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM INCLUDED IN THE LEAGUE OR ARIZONA CITIES AND TOWNS WEEK LY LEGISLATIVE BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. Town Manager Ken Buchanan advised that he had nothing to report on at this time but information will be coming forward soon. Mayor Kavanagh announced that the League Executive Committee will be holding a meeting in the near future to go over the many bills that have already been put in. AGENDA ITEM #11 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN BUCHANAN. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council. A. None. AGENDA ITEM #12 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER. Mayor Kavanagh advised that in addition to being on the Executive Committee of the Arizona League of Cities & Towns she has also been selected to be on their Budget Committee and the Policy Committee that deals with Public Safety, Military Affairs and the Courts. She stated that she is looking forward to this increased involvement with the League. The Mayor reported that she attended three inaugurations -- the inauguration of President Delbert Ray and the Tribal Council of the Salt River-Maricopa Indian Community being the first. She said that it was an honor to be invited by the Community to represent Fountain Hills. She added that since then she had lunch with President Ray and z:\council packets\2015\r150205\150115m.docx Page 12 of 12 they discussed future cooperation between their communities in the area of tourism. She stated that the second inauguration was that of their new Governor, Doug Ducey, and commented that she was very happy to hear the new Governor promote a business-friendly atmosphere in Arizona to attract companies to move here and to encourage current businesses to stay. She reported that he also promised a balanced budget with no unnecessary spending and that is good for all taxpayers. She said that the third inauguration was more personal for her, she attended the swearing in of her husband, State Senator John Kavanagh, and the 52nd State Legislature including the Town's two representatives, Michelle Ugenti and Jay Lawrence and she used the opportunity to reconnect with Legislators and meet some of the new ones. She also attended the Chanukah Celebration on the Avenue and commented that that is always a mixture of fun and culture and the kids, along with her grandson, enjoyed a fun show by a yo -yo expert and everyone enjoyed delicious homemade Jewish foods. She advised that the honor that was bestowed on her husband and her was to assist the Rabbi with lighting the first candle on the Menorah. She noted that it didn't snow in Fountain Hills but the kids found a hill of snow in Fountai n Park on Sunday, December 21st, thanks to the generosity of the Congregation of the Harvest Bible Chapel. She stated that there was food, music and a huge slide of snow along with discs to slide down on. She thanked Pastor Justin Erickson and his volunteers for creating this winter wonderland for the kids. She also expressed appreciation to the Town staff who helped make this last minute event possible. She announced that today she helped cut the ribbon for a Papa Murphy's Pizza and said that everyone wishes them good luck with their new business in Town. She stated that on behalf of the Council she wanted to thank everyone who contributed money, food, toys or time to help make the holiday season a happy one for those in need in their very own community. AGENDA ITEM #13 - ADJOURNMENT Vice Mayor Yates MOVED to adjourn the meeting and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 8:09 p.m. TOWN OF FOUNTAIN HILLS By _______________________________ Linda M. Kavanagh, Mayor ATTEST AND PREPARED BY: _________________________ Bevelyn J. Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 15th day of January, 2015. I further certify that the meeting was duly called and that a quorum was present. DATED this 5th day of February, 2015. _____________________________ Bevelyn J. Bender, Town Clerk