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HomeMy WebLinkAbout2017.0302.TCREM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 2, 2017 EXECUTIVE SESSION Mayor Kavanagh called the Executive Session to order at 5.00 p.m. in the Fountain Conference Room - 2nd Floor, Town Hall. AGENDA ITEM #1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Nick DePorter (attended by phone), Councilmember Henry Leger, Councilmember Art Tolis, Councilmember Dennis Brown, Councilmember Cecil Yates, and Councilmember Alan Magazine. Town Manager Grady Miller, Town Attorney Andrew McGuire Director of Development Services Bob Rodgers, Senior Planner Marissa Moore and Town Clerk Bevelyn Bender were also present. Councilmember Yates MOVED to go into Executive Session at 5:00 p.m. and Commission Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). Mr. Rodgers and Ms. Moore left the meeting at 6:03 p.m. AGENDA ITEM #2 - ADJOURNMENT. Mayor Kavanagh adjourned the Executive Session without objection at 6:19 p.m. REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Fountain Hills Town Hall Council Chambers. * INVOCATION Mayor Kavanagh asked for a moment of silence in the absence of Pastor David Felton, The Fountains, a United Methodist Church * ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Nick DePorter (attended by phone), Councilmember Alan Magazine, Councilmember Cecil Yates, Councilmember Dennis Brown, Councilmember Art Tolis and Councilmember Henry Leger. Town Manager Grady Miller, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. * MAYOR'S REPORT None. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) MAYOR KAVANAGH MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC DEVELOPMENT. Mayor Kavanagh deferred to Councilmember Tolis who gave an update on the Fountain Hills Coalition meeting he attended where entities from the community including the Sherriff's Department explained efforts to educate students on abstinence and ways to stay away from using drugs and alcohol. Councilmember Tolis mentioned that an essay and art contest was used in these efforts and he looked forward to the three winners being guests and recognized at a Town Council meeting. z:\council packets\2017\r170406\170302m.docx Page 1 of 8 Mayor Kavanagh pointed out the increase in building projects in Town and acknowledged the ribbon cutting and official opening of the Adero Canyon and The Overlook at Firerock noting that the projects were currently selling at a fast rate. Mayor Kavanagh attended the first "East Valley Chamber of Commerce Mayor's Round Table" also attended by the CEO of the Fountain Hills Chamber Scott Valenzuela where they discussed economic development and business strengthening in the valley market and she pointed out the group would hold meetings semi-annually. ii) RECOGNITION OF HEAD COACH ALISON MABERY AND THE FOUNTAIN HILLS HIGH SCHOOL WOMEN'S SOCCER TEAM STATE CHAMPIONS [BACK TO BACK YEARS]. Mayor Kavanagh congratulated the Team on their wins and Coach Mabery introduced each team member in attendance. Mayor Kavanagh expressed how proud the Town was of their sports teams and added that Fountain Hills took great pride in their "Falcons". Councilmember Tolis wanted to acknowledge the recent boys basketball team championship and noted they would be invited to a Council meeting for recognition. iii) QUARTERLY BUDGET REPORT BY FINANCE DIRECTOR FOR FY2016/17 FOR QUARTER ENDING DECEMBER 31, 2016. Finance Director Craig Rudolphy presented information in a PowerPoint presentation (available on-line and in the office of the Town Clerk) and noted that all reports including a quarterly sales tax report were available and posted on line. Mr. Rudolphy presented the budget summary that listed revenues at 7.5% under budget, but 0.8% higher than last fiscal year; Operating Fund expenditures were 6.1% under budget, but 5.8% higher than last fiscal year; Pavement Management continued to remained a priority and was funded through HURF and vehicle License Tax Revenues; fund balances remained acceptable for all funds and local economic indicators remained stable. Mr. Rudolphy concluded that revenues were going up, but stressed expenditures were increasing at a higher rate. Councilmember Yates asked if the Town would fall short on its revenues and Mr. Rudolphy explained that sales tax was going to exceed his projection with catch up in January through March. Councilmember Yates asked what the additional $400K expenditures were and Mr. Rudolphy answered possibly due to salaries and by creating an additional category "General Government" that consisted of general Town expenses. Councilmember Magazine asked for the projected shortfall in revenues and expenses by year to 2021 and Mr. Rudolphy answered the projected shortfall was $5.5M to $6M cumulative and decreased in 2017/18 to $3.9M with expenditures increasing and revenues going up at a minimum rate and added that expenditures would increase further due to inflation and other factures. Mr. Rudolphy pointed out that the Town had received one- time development fee revenues that would not continue. Councilmember Leger stated that the numbers provided were for the day-to-day Town operations and they lacked the revenue necessary to address the $7M annually budgeted for Pavement Management and other deferred infrastructure expenses. He stated that the fixture work study on budgeting expenditures would allow Council to receive an overview of all necessary budgeted items and those that are not being funded. Councilmember Leger added that the economy had returned pre -recession in Economic Development, but had not gone above. Town Manager Miller stated that in April Council would discuss possible revenue sources in a review of a 10 - year projected budget listing revenue and deferred expenses that had lacked funding over the years such as Pavement Management, facility replacement and stressed there would be a different number. He added that the State Shared Revenue the Town currently received was the same amount as was received in 2007, which was not adequate to help cover expenditures. Town Manager Miller acknowledged the Government Finance Office of Arizona (GFOAz) recently notified the Town they would receive an award for "Outstanding Achievement in Popular Annual Financial Reporting" for their annual financial reduced version of the Town's budget for fiscal year ending June 30, 2016. Town Manager Miller congratulated the financial staff and pointed out volunteer Jo Moorman would was instrumental in this process. z:\council packets\2017\r170406\170302m.docx Page 2 of 8 CALL TO THE PUBLIC Michael Brigulio, Fountain Hills Unified School District Athletic Director, spoke in support of new signage acknowledging the championship's received in various sports over the years. Mr. Brigulio mentioned the programs and benefits and showed proposed signage for consideration and suggested areas to display the signs to promote and highlight the Fountain Hills schools and its accomplishments. Town Manager Miller stated that at the Council's recent Joint Session with the FHUSD this issue was discussed and staff was in the process of researching the best locations for these types of signs and it was decided that academic achievements would also be acknowledged. Town Manager Miller added a recommendation for signage for the Council's consideration would soon be presented. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROMO FEBRUARY 9 AND 16, 2017. AGENDA ITEM #2 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION, SUBMITTED BY HAROLD J. DENOMME, REPRESENTING THE AMERICAN LEGION POST 58, LOCATED AT 16837 E. PARKVIEW AVENUE, FOUNTAIN HILLS, AZ, FOR THE PURPOSE OF A FUND RAISER EVENT, TO BE HELD AT 16837 PARKVIEW AVENUE, SCHEDULED TO BE HELD ON FRIDAY, MARCH 17, 2017, AND SATURDAY, MARCH 18, 2017, FROM 10A.M. TO 10:00 PM. AGENDA ITEM #3 - CONSIDERATION OF APPROVING FIVE BUDGET TRANSFERS FROM THE GENERAL GOVERNMENT CONTINGENCY FUND TOTALING $77,017.35 LISTED AS FOLLOWS: (1) $7,893.00 TO THE PUBLIC ART FUND TO COVER BUDGET OVERAGE FOR ART BASE INSTALLATION OF ASCENDO; (2) $37,430.00 TO FOUNTAIN PARK OPERATIONS FOR RESURFACING OF THE SPLASH PAD; (3) $1,494.35 TO TOURISM FUND TO RECORD THE AVAILABILITY OF ADDITIONAL GRANT FUNDING; (4) $25,000.00 TO COMMUNITY SERVICES TO COVER THE COSTS OF ADDITIONAL SPORTS ACTIVITIES, INCLUDING YOUTH AND TEEN, AS WELL AS SPECIAL INTEREST PROGRAMS; AND (5) $5,200.00 TO THE PUBLIC ART FUND FOR THE ART BASE AND PLAQUES FOR THE JERRY MILES SCULPTURE GARDEN. AGENDA ITEM #4 — CONSIDERATION OF APPROVING A COOPERATIVE PURCHASE AGREEMENT (C2017-092), WITH BEL -AIRF MECHANICAL, FOR THE PURCHASE AND INSTALLATION OF A CHILLER IN THE AMOUNT OF $209,729. AGENDA ITEM #5 — CONSIDERATION OF APPROVING CONTRACT (2017-094) WITH SALT RIVER PROJECT, IN THE AMOUNT OF $68,104.36, FOR THE DESIGN AND CONSTRUCTION TO RELOCATE SALT RIVER PROJECT FACILITIES FOR FIRE STATION #2. AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2017-06, APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL PUBLIC TRANSPORATION AUTHORITY RELATING TO TRANSIT SERVICES. Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Brown SECONDED the motion. A roll call vote was taken with the following results: Mayor Kavanagh Aye Vice Mayor DePorter Aye Councilmember Brown Aye Councilmember Yates Aye Councilmember Tolis Aye Councilmember Magazine Aye Councilmember Leger Aye The motion CARRIED UNANIMOUSLY (7-0). z:\council packets\2017\r170406\170302m.docx Page 3 of 8 REGULAR AGENDA AGENDA ITEM #7 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE TECHNOLOGY GATE. THIS ITEM WAS ADDED TO THE AGENDA AT THE REQUEST OF COUNCILMEMBER ART TOLIS, COUNCILMEMBER CECIL YATES, AND MAYOR LINDA KAVANAGH. Town Manager Miller reviewed the background information in a PowerPoint presentation (available on-line or in the office of the Town Clerk) regarding the placement of the gate as a stipulation attached to the Shea Retail Center (Four Peaks Plaza) preliminary plat and Town Manager Miller noted the proposed action as follows: Consideration of removing the gate at Technology Drive; and Installing signs prohibiting commercial vehicles Mayor Kavanagh acknowledged that a number of citizens had submitted speaker cards. Town Clerk Bender advised that in addition to those who wished to speak that she had also received cards from citizens who indicated their position on this issue, but who did not wish to speak [twenty-six citizens were against removing the gate with three cards containing only a phone number]. *The citizens listed below submitted speaker cards indicating they did not wish to speak and expressed opposition to the proposed action of opening/removing the gate for the following reasons: they want the street gate to be closed; opposed to opening up Technology Drive due to excess noise and traffic; welfare of the surrounding residents should come before the three minute inconvenience to truck drivers; would only increase truck traffic noise in nearby residential areas; traffic would affect the safety of children in the area; noise would increase in a currently quiet neighborhood; headlights would shine directly into a residents front door and bedroom window; too much traffic onto a one lane Saguaro Boulevard; purchased home knowing gate was intact. *Neil Murel *Judy Thill *Madeline Palmer *Patricia DeSmet *Mary Mueller *David Mueller *Nancy Diggions *Fred Schulz *Roger M. Griffing *Marianne Abrahamson *C.L. Claseman *Harriet Finkelman *Sandra C. Griffing *Dale Smith *Steve Thomas Jr. *Charles Holly *Joyce Gerke *Frank Paekert *Gerry Maguire *Jim Simek *Tom Murphy *Kenneth Kradle *Marileigh Johnson * The citizen listed below submitted speaker cards indicating they did not wish to speak and expressed support for opening/removing the gate: *Glen Ford z:\council packets\2017\r170406\170302m.docx Page 4 of 8 Mayor Kavanagh requested the speakers be called up in order of the cards received and Town Clerk Bender stated there were eight cards submitted. Michael Archambault, a Fountain Hills resident since 1972 and served on the Fountain Hills Town Council from 2002- 2010, stated he was a business owner in the area; he explained that the gate did not hinder his business and that the other businesses in the area felt the same. He indicated that the only possible inconvenience was for the U -Haul truck location. He expressed that the gate was not business unfriendly and reminded Councilmembers that the gate was installed at the request of citizens through an initiative. Mr. Archambault stated that the Target Center was privately owned and any truck issues were their problem. Mr. Archambault added that the Council's responsibility was for the safety and welfare of the Town's citizens and suggested Council contact all residents in the area and see if they would approve the gate removal. Phyliss Kern, a Fountain Hills resident and business owner, spoke in favor of opening the gate and stressed there was a safety issue involving trucks attempting to enter the gated area and then backing out in the attempt to find another entry location. Ms. Kern stated that 17 -years ago she met with the Chamber of Commerce and all 19 homeowners at that time supported the gate be opened, but lacked any action. Ms. Kern requested additional time to allow neighbors to express their support. Ms. Kern suggested a six month open gate trial period and monitor the result in hopes of improving the Town's business image. Sherman Abrahamson, a Fountain Hills resident for eight years and homeowner in Mirage Cove, spoke in opposition of opening the gate and stated that many neighbors he spoke with questioned why Council was once again addressing the Technology gate. Mr. Abrahamson stressed that upon the purchase of his home he was told the Technology gate would be permanent and had been approved by the Town. He noted that his driveway was 75 steps from the gate and trucks who would attempt to use the gated area lacked the space needed to make a safe entrance. He also would not want an increase in traffic and explained that was a safety factor. Mr. Abrahamson requested Council leave the gate closed as promised. George Smith, a Fountain Hills resident and Mirage Cove homeowner, stated he had visited three different business located on Technology and when asked the business owners answered the gate did not affect their business at all. Mr. Smith said he had also visited the Fire Department located on Saguaro Boulevard and found out that the gate had not created a burden for them to respond to an emergency. Mr. Smith asked Council to leave the gate closed. Frank Finkelman, a Fountain Hills resident and Mirage Cove resident for 20 -years, pointed out that the Town Council in place at that time, the residents and Target Plaza had requested the gate installed. Mr. Finkelman gave a brief explanation on the gate planning and noted that trucks could not safely navigate the intersection at Saguaro Boulevard and Technology Drive, and if attempted, the truck would turn into oncoming traffic, hence the reason for the plaza entrance off of Shea Boulevard to accommodate deliveries. Mr. Finkelman pointed out that whenever the discussion was presented on the gate previous Town Council's opposed its removal and upheld the initial promise to the residents. Dan Diggins, a Fountain Hills resident and current President of Mirage Cove Homeowners' Association, pointed out that his home was directly across from the gate and he was told by the real estate broker upon purchasing that the gate was permanent and the Town was committed to keeping the gate closed. Mr. Diggins also mentioned that currently when traffic drove in the opposite direction and towards the gate the lights from the vehicles shine on his house and that was with the gate closed. Mr. Diggins also noted the current "Fountain Hills Business Park Access Sign Plan" dated June 20, 2002, listed the signs approved for the gated area and directed traffic into the Target Plaza entrance alternative. Mr. Diggins gave the statistics on a citizen survey presented by the "Fountain Hills Times" in August 2015 asking whether the gate should be opened on Technology Drive and 27% voted to open the gate and 73% voted to leave the gate closed; he asked the Council to honor the commitment to the citizens, keep the gate closed and open only for emergencies. Councilmember Leger asked Mr. Diggins how many condos were located in Mirage Cove and Mr. Diggins answered 26 with all signing the petition presented except for two homeowners who could not be reached. In response to a question from Councilmember Tolis, Mr. Diggins stated he did not know how many were part-time or full-time residents. z:\council packets\2017\r170406\170302m.docx Page 5 of 8 Karl Iverson, a 20 -year resident of Fountain Hills, stressed that the intersection was not designed for heavy truck traffic or any kind of traffic due to poor street design. Mr. Iverson reiterated previous speakers on business being affected and added the gate separates the businesses from the residential properties and requested Council leave the gate in place as promised. Christopher Young, a Fountain Hills resident and employee of the Fountain Hills U -Haul Moving and Storage, withdrew his request to speak. Councilmember Brown stated he could not support the removal of the gate and would uphold previous negotiations and Council's decision. Councilmember Brown noted that the gate was also shown as part of the final plat. Mayor Kavanagh asked Town Attorney McGuire if the Town could be liable for accidents that could occur since the Town had approved and installed the gate. Town Attorney McGuire stated it was impossible to guess and explained that the standard the Town was held to was if it was a reasonable action or the standard of care was reasonable in the Council's decision. Mayor Kavanagh expressed concern that GPS apps could direct traffic to the Technology gate instead of the designated entrance off Shea Boulevard; Town Manager Miller proposed that staff could contact the major mapping companies and request revisions in areas that needed to be revised. Councilmember Magazine concurred with Councilmember Brown regarding the integrity of the Council with citizens and also was not willing to overturn a previous Council decision on the gate. Councilmember Tolis explained he had visited the site, spoke to surrounding businesses, and viewed the Mirage Cove area; he was satisfied that the businesses were not directly impacted by the closed gate and could see where Mirage Cove would be affected with the gate being opened and thanked those citizens who expressed their opinions. He stated he had understood that the opening of the gate would be advantageous to the residents. Councilmember Yates expressed he was empathetic to this situation and gave his view on the economic development side of the argument pointing out there were multiple levels that had not been resolved on the gate issue and for that reason it had never been resolved and it kept on returning for further discussion. Vice Mayor DePorter proposed a trial period with actual traffic counts so Council had a base to make the best decision for the community and added he could not support opening the gate at this time. Councilmember Tolis engaged in a discussion with Mirage Cove HOA president Mr. Diggins about the specific homes affected if the gate would be opened and Mr. Diggins stressed that the unanimous vote of the residents was not to open the gate anytime. Councilmember Yates suggested the Town have a traffic metric and he mentioned using a specific time to measure the traffic rate and find out if the traffic increased on Saguaro Boulevard and then the issue related to the Technology gate could be decided and not brought up again. Councilmember Leger gave his findings after testing GPS apps and noted those apps used did not direct traffic, specifically U -Haul, to the Technology gate and in fact, directed traffic to the designated entrance off of Shea Boulevard. Councilmember Leger reviewed the Town's history on the traffic pattern of the Target Plaza project and how it evolved. He expressed there was no need to open the gate and stated that every few years the residents in this area were disrupted and stressed over this issue; it was not fair to them and he believed it was important to uphold the previous negotiated commitment to Mirage Cove residents to build trust with the citizens in that area. Councilmember Leger maintained that there needed to be an end to this debate and that he supports leaving the gate closed. Mayor Kavanagh stated that everyone had been heard and requested a motion. Councilmember Yates MOVED to conduct a traffic count on Saguaro Boulevard and Technology Drive for 45 days and then 45 days count with the gate open with placement of a temporary sign, "No Commercial Traffic", at the entrance. Vice Mayor DePorter SECONDED the motion adding that the Mirage Cove should provide input on the metrics used for the counting and Councilmember Yates agreed to the amendment. z:\council packets\2017\r170406\170302m.docx Page 6 of 8 Mayor Kavanagh asked for a roll call vote. Councilmember Yates Aye Councilmember Leger Nay Mayor Kavanagh Aye Councilmember Brown Nay Vice Mayor DePorter Aye Councilmember Tolis Aye Councilmember Magazine Nay The motion CARRIED (4-3). AGENDA ITEM #8 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM INCLUDED IN THE LEAGUE OF ARIZONA CITEIS AND TOWNS WEEKLY LEGISLATIVE BULLETING OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. a. HB2365 — WIRELESS FACILITIES; COLLOCATION; RIGHTS-OF-WAY Town Manager Miller stated that staff had concerns on this bill allowing wireless facility companies rights to install equipment within the Town's rights -of -ways, due to the proposed introduction of a new 5G service with increased data speed. He noted the League had ultimately decided to be neutral in their position and that HB2365 passed the House and had been transmitted to the Senate for a vote allowing the bill to move quickly. Mayor Kavanagh added that she followed up on the current status of this bill and stated there would be a lot of changes made and pointed out that Fountain Hills had always been good when negotiating with cellular companies, but there were some Cities and Towns that were difficult and thus the request for this bill. Town Manager Miller commented on HB2495 noting that it involved sales tax (TPT) and required an election to be held for any increase in a current rate; this bill could affect Fountain Hills. He said the League had agreed that the state was overreaching into local control issues. He mentioned that the bill had passed the House and was in for Senate vote where the League opposed it. Town Manager Miller acknowledged the Council's consensus to oppose HB 2495. Councilmember Leger asked about the Town's push back action previously on the TPT issue and Mayor Kavanagh responded that the Town was in the process of working with the League to address issues and mentioned that Senator Kavanagh explained that the bill would be a huge hit to Arizona's General Fund and the Senator had felt it would not go through. b. LEAGUE OF CITIES AND TOWNS BULLETIN(S) No Council discussion. AGENDA ITEM #9 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER None AGENDA ITEM #10 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER. Mayor Kavanagh acknowledged Councilmember Tolis' announcement and congratulations to the boy's basketball team on their recent championship. The Mayor's Youth Council visited the State Capital and had a behind the scene tour provided by Senator John Kavanagh with State Representative Jay Lawrence and Michele Regan greeting the students; Speaker of the House J.D. Mesnard invited them into his office and explained what was involved in his position. Mayor Kavanagh thanked Town Manager Miller and Town staff members Heather Ware and Beata Bogdan for assisting in driving the student's downtown. z:\council packets\2017\r170406\170302m.docx Page 7 of 8 Mayor Kavanagh attended the Boys and Girls Club annual fund raiser and sat with key club members that included the Fountain Hills Branch "youth -of -the -year", Xavier Lopez, who unfortunately did not win, but enjoyed the event with his family. She declared that a lot of money was raised to help fund the eight branches based out of Scottsdale. Mayor Kavanagh acknowledged the generosity of the CEO from Harley -Davison who gifted each of the eight winners with a $20K college fund. Mayor Kavanagh attended the Polish Festival and acknowledged the Town's new Sister City. Mayor Kavanagh stated the Great Fair was a great success and she thanked all the volunteers. Mayor Kavanagh represented Fountain Hills at the "Five Artist" from Taiwan exhibit at the Capital building. Mayor Kavanagh reached out to all members in the community requesting that any who could afford to make a contribution and assist with the Town's Food Bank to do so as the Food Bank was low on items. She stated that donations bins were located in Town Hall, Community Center and the Library. AGENDA ITEM #11- ADJOURNMENT Councilmember Yates MOVED to adjourn the meeting and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 8:16 p.m. TOWN OF FOUNTAIN HILLS LIZ ATTEST AND PREPARED BY: Bevelyn J. Bender, Town Clerk CERTIFICATION Linda M. Kavanagh, Mayor 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 2nd day of March, 2017. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 6th day of April, 2017. Bevelyn J. Bender, Town Clerk z:\council packets\2017\r170406\170302m.docx Page 8 of 8