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HomeMy WebLinkAbout2017.1017.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 17, 2017 CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 5:33 p.m. in the Fountain Hills Town Hall Council Chambers. INVOCATION — Paster Rod Warembourg, Desert Creek Fellowship Church ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Alan Magazine, Councilmember Cecil Yates, Councilmember Dennis Brown, Councilmember Art Tolis and Councilmember Leger. Town Manager Grady E. Miller, Interim Town Attorney Fredda Bisman and Town Clerk Bevelyn Bender were also present. Councilmember Nick DePorter did not attend the meeting. MAYOR'S REPORT None. SCHEDULED PUBLIC APPREARANCES/PRESENTATIONS i) MAYOR KAVANAGH AND/OR COUNCIL MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC DEVELOPMENT. Neither Mayor Kavanagh nor Council reported on any activities. ii) SEMI-ANNUAL UPDATE BY MARICOPA COUNTY SHERIFF'S OFFICE CAPTAIN HANK BRANDIMARTE. Mayor Kavanagh introduced Captain Hank Brandimarte who presented an overview of current activities in Fountain Hills through a PowerPoint presentation (available on-line or in the office of the Town Clerk). Chief Brandimarte acknowledged key Sherriff s Department members who were also in attendance; he reported current Fountain Hills office staffing levels, which included 36 sub -station employees in addition to other resources that where available, if needed within the Sherriff s Department. Chief Brandimarte listed and explained current Fountain Hills Sherriff Department's community involvement and presented a brake -down on Fountain Hills' citizen initiated calls for service and pointed out these calls were in addition to officers' regular patrol duties. Chief Brandimarte maintained that traffic enforcement in Fountain Hills was an issue, along with a high number of identity theft cases reported. Chief Brandimarte presented a graph containing the total reports written by deputies by year, with another slide addressing policing activities and their outcomes and maintained these numbers showed the increase in action taken by the Sherriff s Department in the 2017 projection. Chief Brandimarte reported that new traffic speeding equipment for data collection was purchased recently by the Town and explained how the trailer would provide information to assess the needs in Fountain Hills. Chief Brandimarte updated Council on the current major investigated cases active and closed in Fountain Hills. Mayor Kavanagh thanked Chief Brandimarte for his presentation and stated that he had answered questions received from citizens regarding activities within the Sherriff s Department. Mayor Kavanagh asked how issuance of a warning was determined by deputies and Chief Brandimarte replied that each deputy determined what was acceptable and used a little leeway in their decisions. Chief Brandimarte explained that everyone z:Acouncil packets\2017\r171205\171017m.docx Page 1 of 11 stopped for a violation would received a form verifying the Deputy's name for the person's information and would also help with data collection and stressed the form issued was a requirement by Federal Court order. Mayor Kavanagh asked how repeat violations from an individual was handled and Chief Brandimarte answered that the past information would be seen by the Deputy and more than likely the individual would be issued a ticket for a repeated offense. Councilmember Yates requested Captain Brandimarte share crime prevention tips for citizens and Captain Brandimarte suggested that everyone watch out for each other, and if citizens see a strange occurrence, contact their office at anytime to follow-up. He suggested citizens secure their homes and property as well as not share their personal information. Mayor Kavanagh asked how citizens should make that call and Chief Brandimarte requested they call 602-876-1011 or 896-1030, unless it was an emergency, then call 9-1-1. Vice Mayor Magazine complimented Captain Brandimarte and his staff for the progress made and shown in the numbers of incidents in Fountain Hills and congratulated everyone on staff. Councilmember Leger also complimented all members of the Sherriff's Department for their extraordinary job and for forwarding information on Fountain Hills incidents to the Town Manager and Councilmembers to keep them informed and updated on incidents that happen. He said this was useful when speaking to citizens. Councilmember Leger asked about the apparent increase in suicides recently and Captain Brandimarte noted it appeared to be due to the state of the world. Councilmember Leger requested the Town through a possible P.I.O. and media services as well as Channel 11 reach out to citizens who maybe in need of resources. Councilmember Brown thanked the Sherriff's Department for the great information. Town Manager Miller maintained the Town tax payers were receiving a lot for their tax money and acknowledge MCSO Executive Chief Matt Giordano who was present to support Captain Brandimarte along with Deputy Fisher. Mayor Kavanagh expressed her appreciation for all their work they do for the citizens of Fountain Hills. Councilmember Tolis added that the Sherriff's Department was doing a great job and asked Captain Brandimarte to explain how "Text -a -Tip" worked. Captain Brandimarte responded that it was a downloadable phone app that allows citizens to anonymously text information concerning possible crime activity to the Sherriff's Department so they can follow-up. Captain Brandimarte stated that at some point the ability to contact dispatchers directly maybe available. Mayor Kavanagh acknowledged the Fountain Hills School's Resource Officer Deputy Michael Brooks stating that he presented at the last Fountain Hills Coalition gathering; she mentioned the positive feedback received regarding Deputy Brooks involvement with the school. Mayor Kavanagh thanked Captain Brandimarte for his presentation. CALL TO THE PUBLIC Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none had been received. CONSENT AGENDA AGENDA ITEM #1- CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE FOUNTAIN HILLS THEATER (SUZU HENDERSON), FOR A FUNDRAISER TO BEHELD AT THE FOUNTAIN HILLS THEATER, LOCATED AT 11445 N. SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ, FROM 5:00 PM TO 10:00 PM ON THURSDAY, NOVEMBER 2, 2017. AGENDA ITEM #2 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE WOMEN IN PARTNERSHIP (DEBRA BILOSKIRKA), TO BE HELD IN CONJUNCTION WITH THE ANNUAL FOUNTAIN HILLS ART FESTIVAL, SCHEDULED FOR NOVEMBER 10 - 12, 2017, FROM 10:00 AM TO 7:00 PM. LIQUOR SALES WILL BE RESTRICTED TO N. VERDE RIVER DRIVE WITHIN THE FESTIVAL LAYOUT. z:Acouncil packets\2017\rl71205\171017m.docx Page 2 of 11 AGENDA ITEM #3 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE VETERANS OF FOREIGN WARS POST (VFW) 7507 BORIS BILOSKIRKA), TO BE HELD IN CONJUNCTION WITH THE ANNUAL FOUNTAIN HILLS ART FESTIVAL, SCHEDULED FOR NOVEMBER 10 - 12, 2017, FROM 10:00 AM TO 7:00 PM. LIQUOR SALES WILL BE RESTRICTED TO SAGUARO BOULEVARD WITHIN THE FESTIVAL LAYOUT. AGENDA ITEM #4 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE AMERICAN LEGION POST 58 (RANDOLPH SHAW), TO BE HELD IN CONJUNCTION WITH THE ANNUAL FOUNTAIN HILLS ART FESTIVAL, SCHEDULED FOR NOVEMBER 10 - 12, 2017, FROM 10:00 AM TO 7:00 PM. LIQUOR SALES WILL BE RESTRICTED TO 16837 EAST PARKVIEW AVENUE, FOUNTAIN HILLS, ARIZONA. AGENDA ITEM #5 - CONSIDERATION OF APPROVING THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT C2017-086 WITH AECOM TECHNICAL SERVICES, INC., IN THE AMOUNT OF $49,799.00, FOR BUS SHELTER FINAL DESIGN SERVICES. AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2017-40 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE SALT RIVER PIMA INDIAN COMMUNITY, RELATING TO PROPOSITION 202 FUNDING. AGENDA ITEM #7 - CONSIDERATION OF APPROVING LINKING AUTHORIZATION (#C2018-53) WITH THE CITY OF TUCSON TO ALLOW THE TOWN TO UTILIZE TUCSON'S PROCUREMENT CARD PROGRAM. AGENDA ITEM #8 - CONSIDERATION OF APPROVING ORDINANCE 17-12 RELATING TO SCRIVENER'S ERRORS CONTAINED IN THE CANYON -SIDE LOTS ORDINANCE 17-08, WHICH WAS APPROVED BY THE TOWN COUNCIL ON SEPTEMBER 5, 2017. CASE #Z2017-06 Councilmember Yates MOVED to approve the Consent Agenda as listed and Vice Mayor Magazine SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Magazine Aye Councilmember Leger Aye Councilmember Tolis Aye Councilmember Yates Aye Councilmember Brown Aye Mayor Kavanagh Aye The motion CARRIED UNANIMOUSLY (6-0), by those present. REGULAR AGENDA Mayor Kavanagh announced that agenda item #10 was postponed at the requested of the Homeowners' Association. AGENDA ITEM #9 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE OPEN VS.CLOSED STATUS OF THE TECHNOLOGY DRIVE GATE. Mr. Miller gave a brief statement on the proposed removal of the Technology Drive gate and pointed out that on March 2, 2017, Council directed staff to prepare a traffic count and collect information for 90 days; 45+ days with the gate closed, and another 45+ days with the gate opened. Mr. Miller pointed out that Council had also received aerials showing the Target Plaza area roads before and after development. Mr. Miller introduced Town Engineer Randy Harrel, who reviewed the information contained in the PowerPoint presentation (available on line or in the office of the Town Clerk). z:Acouncil packets\2017\r171205\171017m.docx Page 3 of 11 Mr. Harrel presented and discussed the following PowerPoint slides and information contained in the staff report: Mailings area map Hourly traffic distribution Total traffic volume (ADT) vs. date Friday (peak traffic day) Technology Drive gate study daily traffic flow — Saguaro Boulevard (east of Technology Drive) Technology Drive gate study daily traffic flow alley (west of Technology Drive) Technology Drive gate study daily traffic flow Technology Drive (north gate) Technology Drive gate study heavy truck volume — Summary table by day of week Friday peak hour (vph) Road standards table Fountain Hills "Times" newspaper article dated July 5, 2017 Technology Drive gate study 2017 (see printed copy) Vicinity map Slide of the recommended traffic count location Hourly traffic distribution graph (average Friday — peak traffic day of week) Total traffic volume (ADT) vs. date graph - Friday (peak traffic day) Technology Drive gate study daily traffic flow alley graph (west of Technology Drive Friday peak hour (vph) on Saguaro Boulevard, Technology Drive and the alley with Friday ADT -VPD (percentage of design max volume for Saguaro Boulevard, Technology Drive and the alley Aerials of gate area — two slides Business Park access sign plan Mr. Harrel noted that overnight traffic volume between the hours of 10:00 p.m. to 5:00 a.m. showed very little traffic counted with the gate opened or closed. Mr. Harrel discussed a letter received by the Town from Dan Diggins, President of the Mirage Cove Homeowners' Association expressing area residents desire to hold the Council to its commitment to keep the Technology Drive gate closed. Mr. Harrel also reviewed responses received from various members of the community expressing their opinion along with a petition from businesses located on Technology Drive acknowledging that the gate at Saguaro Boulevard and Technology Drive being closed had not hurt their business. Mr. Harrel asked Council for questions. Councilmember Leger asked how an alley was determined and Mr. Harrel replied that this particular alley was showed on the plat map as an alley and was slightly smaller than the Town's standard street width and similar to the Town's hillside road width. Mr. Harrel added that the alley was paved and had curbs. Councilmember Leger asked if the alley was 28'; Mr. Harrel responded yes, adding that the alley was measured from the backside of curb. Councilmember Leger requested Mr. Harrel to bring up the slide on the aerial photo that showed the before and after the Target Center's construction. He stated he wanted to put the issues to bed once and for all. He indicated that it was important to hear the history discussed involving the previous Council's decision. Vice Mayor Magazine stated that he had taken photographs of the alley site recently to share with Councilmembers and may assist them in their discussion. Mayor Kavanagh asked if traffic counts could single out cars from trucks and Mr. Harrel responded the tests could tell how many axles a truck had and would also count motorcycles. Mr. Harrel pointed out that the traffic showed no significant change. Mr. Harrel brought up the aerial slide to address Councilmember Legers question and pointed to the alley area. Councilmember Tolis discussed the streets residents used and how the gate affected them when they attempted to use the alley to reach Saguaro Boulevard. z:\council packets\2017\r171205\171017m.docx Page 4 of 11 Mr. Harrel brought up another slide that highlighted the gated area and Councilmember Leger asked if this slide was prior to the Target Center and if so, he wanted to know which streets were available before their abandonment behind the Target Center and stressed the importance of the abandonment of Laser Drive and when the road was opened off of Saguaro Boulevard. Mr. Harrel explained that a number of rights-a-ways were not paved at that time, but Laser Drive had continued from Technology Drive to Saguaro Boulevard, prior to the Target Center. He continued that when the Target Center was built a piece of Laser Drive was agreed to be rechanneled. Councilmember Leger discussed when Laser Drive was abandoned and explained the Council's concern was that traffic coming from Saguaro Boulevard would be directed into the residential area onto Technology Drive, in an attempt to access Laser Drive. Councilmember Leger said he had spoken with businesses in the area and historically there was a time Laser Drive was available for their direct route onto Saguaro Boulevard. Councilmember Brown added he remembered that time and Councilmember Leger stressed this was the reason the gate was currently placed in this location and through a stipulation by previous Council's direction. Councilmember Leger asked Mr. Harrel to continue with the post Target Center. Mr. Harrel discussed the slide that showed the Target Center and gate placement along with Laser Drive currently a drainage channel. Councilmember Leger asked to discuss the Shea Boulevard gateway into the Industrial Center. Mr. Harrel answered that the section from Technology Drive to the alley, north of Laser Drive, was constructed as part of the Target Center along with the placement of a traffic signal at the intersection of Shea Boulevard and Technology Drive. Councilmember Leger expressed the rational in the Development Agreement with the Target Center was contingent on the Technology gate stopping drivers from going into the Industrial Center and intended to be a direct route to Laser Drive and the Industrial Center while addressing issues from the business owners. Councilmember Leger reiterated that the traffic count study showed the Salt River Project alley traffic count was 312 and that number exceeded the standard criteria of 300 vehicles. Councilmember Leger continued that in a 24 hour period there would be one-half car over and asked Mr. Harrel's professional opinion if that number was of great concern and Mr. Harrel replied that the overage was insignificant. Councilmember Leger thanked Mr. Harrel for his presentation. Councilmember Yates pointed out that he understood the gate stipulation was added by Council to address excessive traffic and Mr. Harrel pointed out that the stipulation for the Target Center did not specify the reason, but he knew it was not a staff recommendation, but by previous Council's direction. Councilmember Yates asked if a 90 day study was sufficient amount of time for an accurate accounting and Mr. Harrel answered that this study was extremely longer than other studies the Town had made. Councilmember Yates stated the study revealed that generally 700 vehicle use per day and he understood street capacity was 1,000 making it below the amount the street could handle and Mr. Harrel asserted that the term "design volume" would be a better engineering term and that yes the traffic was well below the design volume. Councilmember Yates asked if 800 cars per day was a high volume due to residential and commercial in the same area and Mr. Harrel responded that the volume was well below and noted Fountain Hills had those numbers all over Town and were not excessively high. Councilmember Tolis felt the Technology Drive gate was likely stipulated to keep commercial trucks deliveries to the Target Center from using the area for delivery trucks going in and out forcing the trucks onto Technology Drive and he then asked if the Town currently had signage in place on Shea Boulevard and Saguaro Boulevard directing that "No Commercial Trucks Allowed". Councilmember Leger said no such signage was in place on these boulevards. Vice Mayor Magazine expressed that Council's emphasis appeared to be on the numbers, but he wished to make a statement of facts and that citizens depended on agreements made to them by the Town and in this case citizens were told they would be protected. Vice Mayor Magazine pointed out there would be a low number of citizens that would have to go out of their way when driving. Vice Mayor Magazine wanted to keep faith with the Town's citizens and noted that if there were a safety issue, he would look at the issue differently, but no accidents have been reported in four years. Vice Mayor Magazine stated he would encourage the Council to support a previous Council's decision. z:\council packets\2017\r171205\171017m.docx Page 5 of 11 Mayor Kavanagh asked how many cars vs. trucks were counted using the alley and she mentioned the homeowners' association was concerned about the number of trucks involved and Mr. Harrel stated that the study found that the truck traffic took the routes as previously used with the gate opened or if it were closed and added that some trucks used the alley while others used Saguaro Boulevard and less using Technology Drive. Mayor Kavanagh remarked that she was attempting to find a solution and was concerned that if the Technology Drive gate remained closed, traffic would use the alley and would direct traffic further into the neighborhood. Mayor Kavanagh expressed that signage directing "No Truck Traffic" could help with this issue. Mr. Harrel stated there could be a detriment to those properties where trucks would make the turn, if the study showed trucks shifting. Mayor Kavanagh asked Mr. Harrel if the gate remained closed, in his opinion, should the alley be signed for "No Trucks Allowed" and Mr. Harrel explained that the signage could be installed, but only after looking at the Town Code regarding Town truck routes. Councilmember Brown explained his experiences when he visits his storage unit in the area for the last five years and noted the lack of traffic and felt that citizens knew over time to enter the facility from Technology Drive and Shea Boulevard. He also reported that traffic apparently did not travel Saguaro Boulevard, down the alley and then to Laser Drive to access commercial buildings in the 15 -years or since the Target Center was added. Councilmember Brown stated he weighed all issues and explained that he understood the citizens paid for the street and was built when the community began, but he came to the conclusion that the gate should be left closed and uphold prior Council's promise to the community that the gate would stay in place. Councilmember Brown agreed with Councilmember Leger and Vice Mayor Magazine that hopefully this issue would finally be resolved and not brought up again in the future. Councilmember Brown suggested installing a permanent wall. Mayor Kavanagh stated she did not want to make the situation worse by the gate remaining closed and then trucks used the alley traveling closer to the residential area. Mayor Kavanagh requested a solution to obstruct that alley route. Mayor Kavanagh asked if Salt River Project vehicles entered into this street and Mr. Harrel replied that some did use this route, when necessary. Councilmember Leger agreed with Mayor Kavanagh that it was important to reach a permanent solution to closing the gate and he suggested a possible creation of a cul-de-sac, as built on Laser Drive, along with adding signage. Councilmember Leger pointed out the traffic study identified that few trucks used this route with delivery trucks basically vans, which should not be an issue. Councilmember Leger stated the opinion that if the gate were to remain open, it would again create a problem. Councilmember Tolis requested a follow-up on signage. Director of Public Works Justin Weldy agreed to check out signage in that area related to truck traffic. Councilmember Tolis asked if signage was found not to be in place, what would be the process to install signage. Mr. Harrel replied the Town Code identified truck routes; trucks making local deliveries were to drive truck routes until they reached their local delivery destination. Mr. Harrel stated that staff could address Council's concerns by reviewing the Town's designated truck routes. Mayor Kavanagh expressed that it was a good idea to place the appropriate signage on the street in an attempt to cover any future issues and Mr. Harrel noted that signage would also make the issue enforceable. Councilmember Brown MOVED to keep the Technology gate closed with the placement of "No Heavy Trucks" signs installed onto the Saguaro Boulevard and off Shea Boulevard, and proposed investigating adding a cul-de- sac at the intersection where Technology Drive currently enters to Saguaro Boulevard and Vice Mayor Magazine SECONDED the motion. Mayor Kavanagh asked for speaker cards and Ms. Bender stated eleven cards were received, five did not wish to speak and six that wished to speak. z:Acouncil packets\2017\r171205\171017m.docx Page 6 of 11 *The citizens listed below did not wish to speak and were in opposition of opening the gate for the following reasons: keep the gate closed and gate to stay closed as was promised 20 -years ago. *Patricia DeSmit *Andy Smith *Carol Nielsen *V. Middleton *Steve Thomas *The followinLy sneakers wished to sneak Marianne Abrahamson, a Fountain Hills resident who lived in the Mirage Cove Homeowner's Association (HOA), read a letter by request from Dan Diggins, President of the current Mirage Cove HOA, who was unable to attend the meeting and asked his letter of opposition on the opening of the Technology gate be placed on record. Mr. Diggins had expressed the importance of citizen's trust in their Town Council, as well as, they should expect the same from its citizens. Ms. Abrahamson added the Technology gate had been closed for 15-18 years and was wondering why open the gate now. Sherman Abrahamson, a Fountain Hills resident who lived in the Mirage Cove HOA, expressed he also wanted a finalize decision on the gate closure issue and for it to remain closed, once and for all. Mr. Abrahamson read statements from citizen feedback he had received and who were involved in this issue and all were opposed to the gate being opened. Mr. Abrahamson pointed out the gate was placed before the U -Haul business existed and was in agreement at that time on its approval to be closed. Mr. Abrahamson said there were no good reasons for the Town to abandon their prior commitment and stressed if the gate was removed, it would disrupt the community 24/7. Pam Aguilu, a Fountain Hills resident spoke in support of removing the gate because of the businesses in that location and explained that opening the gate would assist people who have storage units to access. Ms. Aguilu also pointed out the residents who purchased in this area should have known of the commercial zoning nearby and accepted the possibility of development in the future and prepared themselves for the change. Phyliss Kern, a Fountain Hills resident and local realtor, spoke in favor of the removal of the Technology gate and expressed that she had investigated and questioned just how many residents in the area would be affected by vehicle lights, if the gate were to be opened. Ms. Kern mentioned that U -Haul was scared to attend Council meetings and giving their opinions on this issue due to possible retaliation against them and their use of trucks. Ms. Kern discussed the vacant 2-1/2 acres located across the street and felt it could be an asset for Fountain Hills if built out, but with the gate closed could only cause a buyer problems. Ms. Kern stated that GPS directed people to the gated area, which ultimately caused problems with large trucks attempting to turn around and enter elsewhere. Ms. Kern pointed out line -of -sight issues when exiting the alley onto the regular street for commercial vehicles if the gate remained closed and noted that the lane back of the Target Center was used regularly as an alley way to access Laser Drive and wonder why that had not been acknowledged. Ms. Kern requested Council be business friendly. Vice Mayor Magazine asked Ms. Kern if she lived in the area and Ms. Kern replied on Tombstone. Vice Mayor Magazine asked if she had experienced any commercial traffic and Ms. Kern answered that approximately 12 years ago the Fountain Hills Chamber of Commerce met with the commercial business owners in the area and the business owners had requested the gate be opened and more signage allowed. Ms. Kern pointed out that Mayor Schlum and Councilmember Leger expressed at that time that nothing could be done. Vice Mayor Magazine asked where all the supporters were for opening the gate. Ms. Kern responded that she felt the agenda item was poorly publicized. Councilmember Leger requested to address Ms. Kern regarding her statement, as a point of order, to clarify that during his correspondence with Ms. Kern, he had expressed to her that his main goal was to honor the prior commitment made to the residents, and this statement was made on numerous occasions during their discussions regarding the gate and he had stressed he was not involved in the meeting with 19 business owners along with Mayor Schlum. Ms. Kern disagreed that Councilmember Leger was not involved. Councilmember Leger continued to explain that he was a member of the Business Vitality Group who looked into issues such as the Technology gate open or closed question. He added that the Task Force returned to the Business Vitality Executive Board and stressed the Executive Board unanimously voted to keep the gate closed. Ms. Kern again disagreed with his recolection on his involvement. z:\council packets\2017\r171205\171017m.docx Page 7 of 11 Councilmember Leger clarified his last correspondence with Ms. Kern and quoted a statement she wrote in a letter "While driving past the gate this morning, my thought was how many of those people contributed to your campaign? " Councilmember Leger responded that Ms. Kern could review his campaign records and she would see the number was zero. Councilmember Leger asked Ms. Kern to stop making this accusation. Mayor Kavanagh stopped the discussion and thanked Ms. Kern. Frank Finkleman, a Fountain Hills resident who lived close to the gate, mentioned that he and John Kavanagh worked on this issue during the time when U -Haul took over the storage units from the original owner and when U -Haul did not have a permit to rent trucks. Mr. Finkleman stated that the issue on the gate had been decided long ago and should not be questioned. He hoped it would never be discussed again. Mr. Finkelman also suggested placing a gate on the alley to help solve the problem by separating the residential area from the industrial area, as other communities had done. Kelly Smith, a Fountain Hills resident and realtor, pointed out that he was speaking for a property owner in the industrial area who was in favor of opening the Technology gate. Mr. Smith added that the person involved owned 2.75 acres of industrial land along with several businesses in the immediate area. Mr. Smith was in contact with the owner recently when he requested his feedback on the gate issue. Mr. Smith mentioned that he had previously had an office located in the Target Center and close to the rear ramp and maintained Ms. Kern was correct that people used this alley ramp on a daily basis to link to Laser Drive. Mayor Kavanagh asked for further discussion from Council. Councilmember Leger questioned Kelly Smith regarding his client's suggestion for advocating to bring an entryway off of Saguaro Boulevard to allow traffic into his property. Councilmember Leger noted the suggestion was made prior to Mirage Cove development and suggested that upon development of the property this could be a viable solution for entry. Mr. Smith stated there have been discussions on how to development the property whether industrial, shopping center or storage units and the question was could there be access off of Saguaro Boulevard and mentioned the primary frontage was located on Saguaro Boulevard with a small portion on Laser Drive. Mayor Kavanagh asked for further questions and if not requested Councilmember Brown repeat his motion. Councilmember Brown restated his motion that he MOVED to keep the gate closed, place "No Truck Traffic Access" signage on Saguaro Boulevard off Shea and investigate the feasibility of creating a cul-de-sac to replace the gate at the end of Technology Drive and Vice Mayor Magazine SECONDED the motion. Mayor Kavanagh asked Mr. Harrel if Salt River Project could occasionally use the location with signage restricting truck traffic and Mr. Harrel replied he would check into the issue. Mr. Harrel pointed to information contained in the Council's packet and noted that the average trucks with three axles or more on Saguaro Boulevard totaled 11 with gate opened and 11 with gate closed; the study showed alley traffic totaled 4 with the gate opened and 4 with the gate closed and on Technology Drive with the gate open 1 was recorded, with no change in the number of trucks. Mayor Kavanagh thanked Mr. Harrel for the information and asked Council for a roll call vote. A roll call vote was taken with the following results: Councilmember Tolis Aye Councilmember Leger Aye Councilmember Yates Aye Vice Mayor Magazine Aye Councilmember Brown Aye Mayor Kavanagh Aye The motion CARRIED UNANIMOUSLY (6-0), by those present. z:Acouncil packets\2017\r171205\171017m.docx Page 8 of 11 AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 2017-25, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN GENERAL PUBLIC AND PEDESTRIAN ACCESS EASEMENTS LOCATED IN TRACTS Al AND A2 (THE PRIVATE ROADWAY TRACTS) OF THE DIAMANTE DEL LAGO PLAT, AS RECORDED IN BOOK 516, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS. (EA 2017-03) Mayor Kavanagh reiterated that the presentation, discussion and vote on agenda item #10, was postponed at the request of the homeowners' association. AGENDA ITEM #11 - CONSIDERATION OF COOPERATIVE PURCHASE AGREEMENT (C2017-050), WITH ROSENBAUER SOUTH DAKOTA, LLC, FOR THE ACQUISITION OF A NEW 2017 ROSENBAUER 101' LADDER TRUCK IN AN AMOUNT NOT TO EXCEED $975,000, TO COVER THE COST OF THE TRUCK PLUS THE TAX. Mr. Miller stated the Fire Department was requesting a new ladder truck due to the aged 20 -year old truck currently in service and explained measures staff would need to take to support the vehicle maintenance, since the company the Town purchased from went out of business. Mr. Miller pointed out that Council requested staff to investigate different alternatives to purchasing such as leasing a ladder truck and noted that after a review, staff found that the lease would cost an additional $121,100.00 over seven years and it was apparent the Town used current ladder truck for at least 20 years. Mr. Miller added that staff recommended the purchase of a new ladder truck at the proposed cost and proceeded to introduce Fire Chief Dave Ott and the Assistant Fire Chief Jason Payne who gave further information using a PowerPoint Presentation (available on line or in the office of the Town Clerk). Chief Ott reported the life span of a ladder truck was 15 years, but due to the lack of funding available in the Town's Vehicle Replacement Fund allowance, the purchase had been pushed out an additional five -years. Assistant Fire Chief Payne discussed the issues with the current ladder truck and listed the benefits of the proposed aerial platform ladder; he showed pictures of the proposed fire truck. Assistant Chief Payne explained and compared a lease option vs. own option. Chief Ott asked for Council's questions. Councilmember Brown stated that the Fire Department deserved a new truck. Mayor Kavanagh pointed out the safety aspects on the new truck and expressed her 100% support. Councilmember Yates expressed his appreciation for the presentation and gave his support for the purchase. Councilmember Brown asked if the Rosenbauer Company would deliver the ladder truck to Fountain Hills and Chief Ott answered the company would drive the truck to Fountain Hills and Assistant Chief Payne added it would take 30- 45 days after notice to purchase to receive the truck and hopefully by Thanksgiving. Councilmember Leger wanted to clarify that the funds to purchase would come from the Town's Vehicle Replacement Fund and both Fire Chief's agreed that was correct. Councilmember Leger asked about gas mileage on the new vehicle and Assistant Chief Payne replied 3.7 miles per gallon (MPG) compared to the old truck at 1.2 MPG. Vice Mayor Magazine asked about the 8.3% tax and where that tax rate came from and Finance Director Craig Rudolphy answered that was South Dakota's tax rate. Mayor Kavanagh asked if there were any speaker cards and Ms. Bender answered none had been received. Councilmember Yates MOVED to approve Cooperative Purchase Agreement (C2017-050), with Rosenbauer South Dakota, LLC, for the acquisition of a new 2017 Rosenbauer 101' ladder truck, in an amount not to exceed $975,000, to cover the cost of the truck plus the tax and Councilmember Brown SECONDED the motion. Mayor Kavanagh asked for further discussion. z:\council packets\2017\r171205\171017m.docx Page 9 of 11 Councilmember Tolis asked about the difference between the invoice amount and the amount proposed and Chief Ott explained that the truck was one that was already built and after a discussion with Finance Director Mr. Rudolphy, staff decided to add additional funds as a cushion to cover any unforeseen costs. Mayor Kavanagh asked for a vote. The motion CARRIED UNANIMOUSLY (6-0), by those present. AGENDA ITEM #12 - CONSIDERATION OF DONATING THE TOWN OF FOUNTAIN HILLS' 1998 AMERICAN LAFRANCE LADDER TRUCK TO THE PORT ARANSAS FIRE DEPARTMENT TO REPLACE THEIR LADDER TRUCK DAMAGED IN HURRICANE HARVEY. Mr. Miller gave a brief history on the proposal and remarked that the current ladder truck has an approximate $20K to $30K surplus value. Mr. Miller stated that the proposed donation action was in response to areas hit by the Hurricane Harvey that did not have flood insurance. Since Port Aransas was a small community, staff felt the Town's old ladder truck would serve well as a donation from the Town. Mr. Miller asked for Fire Chief Ott to continue with the presentation. Chief Ott reported that Port Aransas had a volunteer fire department of 24 members, created in the 1940's and the population of their Town was less than 5K. Chief Ott shared photographs of the Port Aransas area that showed the destruction they experience from Hurricane Harvey to the fire department and their equipment. He expressed that support from Fountain Hill's citizens would greatly be appreciated in Port Aransas to help them start again and would be an addition to other donated equipment. Chief Ott informed Council that Port Aransas would bring a flat bed truck to Fountain Hills and transport the ladder truck back to their community in Texas and he also mentioned after speaking to Public Works Director Weldy they had received his complete support for this donation as well. Chief Ott commented that over 140 fire trucks and other fire apparatus were damaged throughout Texas. Mayor Kavanagh expressed her support and opinion this would be a wonderful gift from all the citizens in Fountain Hills. Vice Mayor Magazine also expressed his support and reminisced about his own Red -Cross experience after hurricane Katrina. Councilmember Leger MOVED to approve donating the Town of Fountain Hills' 1998 American LaFrance ladder truck to the Port Aransas Fire Department and authorize the Town Manager to take all actions necessary to ensure the proper donation, including coordinating efforts with the Texas A&M Forestry Service and Vice Mayor Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (6-0), by those present. AGENDA ITEM #13 — COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. None. AGENDA ITEM #14 — SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER. None. AGENDA ITEM #15 — ADJOURNMENT Councilmember Yates MOVED to adjourn the meeting and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (6-0), by those present. The Regular Session adjourned at 7:46 p.m. z:\council packets\2017\r171205\171017m.docx Page 10 of 11 TOWN OF FOUNTAIN HILLS :S 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 Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 17th day of October, 2017. I further certify that the meeting was duly called and that a quorum was present. DATED this 5th day of December, 2017. Bevelyn J. Bender, Town Clerk z:\council packets\2017\r171205\171017m.docx Page 11 of 11