HomeMy WebLinkAbout2018.0619.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
JUNE 19, 2018
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 5:35 p.m. in the Fountain Hills Town Council Chambers.
• INVOCATION — Pastor Tom Daly, Trinity Lutheran Church, was not available. Mayor Kavanagh requested a
moment of silence.
• ROLL CALL—Mayor Linda M. Kavanagh requested a roll call.
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor
Dennis Brown, Councilmember Nick DePorter, Councilmember Alan Magazine, Councilmember Henry Leger
(via conference call) and Councilmember Art Tolis. Town Manager Grady E. Miller, Interim Town Attorney
Mitesh Patel, and Town Clerk Bevelyn Bender were also present.
Note: Councilmember Cecil Yates vacated his position recently to run for Mayor of the Town of Fountain
Hills.
• MAYOR'S REPORT
i) The Mayor will read a PROCLAMATION declaring August 2018 Drowning Impact
Awareness Month in the Town of Fountain Hills.
Mayor Kavanagh read the proclamation and declared the month of August 2018 as
"Drowning Impact Awareness Month" in Fountain Hills (available on line or in the office of
the Town Clerk).
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor and/or Council may review RECENT EVENTS attended relating to Economic
Development.
Mr. Miller announced the retirement of Town Clerk Bevelyn Bender as of July 5, 2018 serving as
Fountain Hill's Town Clerk for approximately 15-years and as a Town employee for 24 years.
Mr. Miller pointed out Ms. Bender's professional accomplishments and major responsibilities in her
job. Mr. Miller and Mayor Kavanagh presented Ms. Bender with a small token of the Town's
appreciation.
Councilmember Magazine, Councilmember DePorter, Vice Mayor Brown, Councilmember Tolis and
Councilmember Leger each spoke and expressed their appreciation to Ms. Bender who was known as
a total professional, wonderful person and colleague. Mayor Kavanagh stated it had been an honor to
work with Ms. Bender and wished her the best in retirement.
CALL TO THE PUBLIC
Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered two requests were received.
Harris Deitch, a 20-year Fountain Hills resident, spoke to the safety of the Fountain Hill's children and requested
protection for them.
Cecil Yates, a former Councilmember, current candidate for Mayor, and 14-year Fountain Hill's resident, expressed
his appreciation for Bev Bender. Mr. Yates provided an update on the water main break issue on Sunridge Drive and
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mentioned there had been multiple breaks in this area over the years. Mr. Yates stated he had met with EPCOR
management recently and was told the plans were in the works to replace the main system on Sunridge Drive with
construction beginning by early next year. Mr. Yates explained the decision on when the project begins would involve
comments from the surrounding communities to determine the best time for the community.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM APRIL 17,APRIL 23,AND MAY 16, 2018.
AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2018-41, AN INTERGOVERNMENTAL
AGREEMENT WITH THE CITY OF TEMPE AND THE EAST VALLEY REGIONAL VETERANS COURT
PARTICIPATING MUNICIPALITIES FOR THE EVALUATION AND RESOLUTION OF CASES
BELONGING TO VETERANS IN THE INTEREST OF JUSTICE.
Councilmember Magazine MOVED to approve the Consent Agenda as listed and Vice Mayor Brown SECONDED
the motion, which CARRIED UNANIMOUSLY (6-0).
REGULAR AGENDA
AGENDA ITEM #3 - CONSIDERATION OF APPOINTING THREE (3) CITIZENS TO THE SISTER
CITIES ADVISORY COMMISSION FOR A THREE (3) YEAR TERM BEGINNING JUNE 19, 2018 AND
ENDING ON JUNE 18, 2021.
Mayor Kavanagh MOVED to appoint Carol Carroll, Vicky Derksen and Bev Tall to serve on the Sister Cities
Advisory Commission for a three (3) year term beginning June 19, 2018, and ending on June 18, 2021, and
Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY(6-0).
Mayor Kavanagh acknowledged Carol Carroll who was appointed to this commission in June 2016 and served as its
chairman during and since its formation. Bev Tall was also appointed in June 2016 and served as vice chairman for
the first year. Mayor Kavanagh mentioned that Vicky Derksen was a new member, but had been an active volunteer in
the community and one of the leaders in the Town's"Leadership Academy".
• Mayor Kavanagh announced there would be a change in the order of the agenda items and items #14 and #15
would be addressed first, giving the public the chance early in the meeting to speak during item#15.
AGENDA ITEM #14 - CONSIDERATION OF RESOLUTION 2018-46, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED, SECTION
11-1-7(J), NUISANCE PARTY.
Mr. Miller reviewed the information in the staff report (available on-line or in the office of the Town Clerk) that
addressed residents' concerns who were disturbed by disruptive party noise typically involving rented out or short-
term house rentals that often included a large number of people that created a "quality of life issue for full-time
residents with loud music,.inappropriate language, heavy drinking and creating parking issues mostly over week-
ends." Mr. Miller added that Town Attorney Patel found that the cities of Flagstaff, Tempe and Tucson had addressed
these similar situations with an ordinance to regulate these types of nuisances.
Mr. Miller outlined the draft Town Ordinance. He said the "Nuisance Party" Ordinance was defined as a gathering of
12 people (correction to the staff report that stated 10 people) and applied to all private properties in Fountain Hill and
enforced by the Maricopa County Sherriff's Office and the Town Code Enforcement Officer. Town Attorney Patel
explained the Town could not single out short-term rentals alone under the law and would apply to 12 or more people
within the Town-wide boundaries, but would be more forgiving to residents. Mr. Patel added as stated in the
ordinance the Maricopa County Sherriff's Office (MCSO)/Code Enforcement had the discretion to provide residents
with a warning. Mr. Patel pointed out there were two paths to address a violation involving the person holding the
party and also could involve the owner of the property. Mr. Miller added that this ordinance was progressive
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beginning with a warning; a second violation within 90-days would involve a fine and then violations that increased in
severity.
Mayor Kavanagh requested a motion declaring this a public record.
Councilmember DePorter MOVED to approve and Councilmember Magazine SECONDED the motion, which
CARRIED UNANIMOUSLY (6-0).
AGENDA ITEM #15 - CONSIDERATION OF ORDINANCE 18-09, AMENDING TOWN CODE CHAPTER
11, OFFENSES, BY ADDING SECTION 11-1-7(.I), NUISANCE PARTY, AND DECLARING AN
EMERGENCY.
Mr. Miller explained that normally ordinances had a 30-day waiting period, but due to the recent swimming season,
Council was being asked to approve the ordinance with an emergency clause, which would then take effect
immediately and reiterated the proposed ordinance was intended to address the party nuisance homes that caused
consistent problems.
Mayor Kavanagh asked for Council discussion.
Councilmember Magazine asked what the second offense penalty was and Mr. Patel replied $500.00; Councilmember
Magazine expressed his concern that people renting from sites like "Airbnb" for a short period of time would
ultimately not pay the fines imposed if cited, and Mr. Miller replied both the renter and the property owner could be
cited concurrently if the issue was ongoing at a particular property.
Mayor Kavanagh asked what would happen after the 51K citation was received and Mr. Patel replied that a civil
complaint could be filed. Mayor Kavanagh requested clarification that this ordinance would be complaint driven and
Mr. Patel agreed it was. He added there was a provision that if an officer was in the area and witnessed a nuisance,
they could cite the people involved.
Councilmember DePorter liked the idea of providing the Fountain Hill's citizens protection, but all the violations
mentioned were already illegal and wanted to know exactly what the Town's goal was in this proposed ordinance and
mentioned he believed stating 12 people involved in a violation property was low. Mr. Patel replied the ordinance
involved violations already in place. Mr. Miller agreed with Councilmember DePorter that the Town had a "Noise"
Ordinance and other laws in place and the intent was to get the word out that loud parties would not be tolerated in
Fountain Hills with a better control and civil penalties outlined.
Councilmember Tolis expressed concern with the ordinance that it did not stipulate "private residential properties" and
did not want this ordinance to be used against businesses. Councilmember Tolis was aware that Maricopa County
required all rental properties to register short term rentals and asked how the Town could assure that rentals were
registered and the Town collecting taxes. Mr. Patel replied the ordinance was drafted broadly and impacted residential
areas when neighbors called for MCSO or Code Enforcement to visit a particular property and address possible
violations. Councilmember Tolis suggested a carve out in the ordinance that addressed businesses such as the Alamo,
civic organizations events in Plat 208, and the downtown district where there may be a lot of events attended by more
than 12 people.
Vice Mayor Brown stated he understood the intention and need for this ordinance, but added how hard it would be for
an officer to decide if a party was too loud. Vice Mayor Brown explained this issue was brought to Council as a
continuous problem on one Fountain Hills' streets for six months. Vice Mayor Brown gave his support for the
ordinance, but stressed the need to possibly adjust it in the future to address any issues that may arise. Mr. Miller
proposed to return to Council for re-evaluation in December 2018 to address any necessary changes.
Mayor Kavanagh remarked this particular property advertised its rental for possible use involving weddings and other
venues and asked if this ordinance addressed the use of homes as venues and Mr. Patel replied that it would not and
stressed the Town was not targeting "Airbnb", but all short term and long term rentals and believed this ordinance
accomplished a balance. Mr. Miller added the Town had the ability to regulate the venue issue currently through its
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Zonine Ordinance that stated residential properties could not be used for venues and enforcement was needed when
venue situations occur. Mr. Miller also believed that some of"Airbnb" renters were in violation of their rental terms
and conditions and the Town should contact "Airbnb" and inform them of the violations found through neighbors
verified reporting.
Mayor Kavanagh wanted to reply to Councilmember Tolis rental tax collection question and noted that these types of
properties would collect and provide revenue to the Department of Revenue and Mr. Patel added this was his
understanding, but wanted to wait for discussion for another meeting since this issue was not on the agenda.
Councilmember Leger mentioned that Council spent several months addressing the "Copperwymd Resort" "Noise
Ordinance" issue and that the Town had an ordinance in place.
Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender stated six had been received with one
person, Sheri James, a Fountain Hills resident, who did not wish to speak, but wanted Council to know she was in
support of the proposed ordinance.
Thorun Henning, a Fountain Hills resident, spoke in support of the ordinance and gave extreme details on her current
experience living around a short-term rental parties and requested Council approve the ordinance.
Pam Petryl, a 17-year Fountain Hills resident, spoke in support of the ordinance and pointed out the continuous parties
in their area and noted how the traffic, bad behaviors along with fearing for everyone's safety.
Lori Radavich, a 39-year resident, spoke in support of the ordinance and explained the extreme issues felt by all the
neighbors while the property in question was advertised as a party venue.
John Radavich, a Fountain Hills resident, spoke in support of this ordinance and requested the ordinance information
placed on the Town's website.
Chris Gilboe, a Fountain Hills resident, spoke in support of the ordinance and stated party house use were businesses
that allowed events and parties that affected the quality of life for the neighbors and he believed this property was not a
typical "Airbnb".
Bob Henning, a Fountain Hills resident, spoke in support of the ordinance and noted that nine neighbors had filed
complaints with the "Neighborhood Property Owners' Association" (NPOA) and wanted to thank Council for taking
action. Mr. Henning also described some of the events that occurred every week-end and at a particular rental house.
Mayor Kavanagh assured the public that cities everywhere were experiencing the same problems where investors were
purchasing homes and using them for short term rentals as an investment. Mayor Kavanagh pointed out there was
limited enforcement by the Town and knew some homeowners' associations (HOA) had passed extended regulations
to stop this type of activity in their communities due to them having total control. Mayor Kavanagh added the
proposed ordinance was initiated to help those not covered by an HOA. Mayor Kavanagh thanked Mr. Patel and Town
staff for rushing this ordinance through before summer when these types of situations increased.
Mayor Kavanagh asked for further Council discussion.
Councilmember DePorter acknowledged the neighbors experience with a problem rental and their six months of
disruption and questioned if the number of people involved in a party stated as 12 in the ordinance was necessary since
a smaller number of people could be a problem if they were disruptive. Mr. Miller replied that Council could
determine the number. Mayor Kavanagh, Councilmember Leger and Councilmember Magazine all agreed with
Councilmember DePorter and suggested removine the number of people out of the ordinance and Mr. Patel stated this
could be done. Mayor Kavanagh supported approval of the ordinance and to revisit in six months. Councilmember
Tolis questioned the ordinance not identifying "residential" and Mr. Miller replied the entertainment district was
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exempt from the "Noise Ordinance". Councilmember DePorter questioned if an "Airbnb" were located in the Park
Place Development located on the Avenue of the Fountain and if they should not be included in the ordinance and
Mr. Miller replied hopefully that would not occur, but if it happened the property management could take active
control.
Mayor Kavanagh asked for further Council questions, discussion or comments and if not requested a motion.
Councilmember Leger agreed with Councilmember DePorter the number should be removed.
Vice Mayor Brown MOVED to approve the suggested motion on Resolution 2018-46 and adopt Ordinance 18-09 with
the exception of deleting the number of people from 12 to one or more and Councilmember Magazine SECONDED
the motion, which CARRIED UNANIMOUSLY (6-0).
Mayor Kavanagh continued on with the regular agenda items in order.
AGENDA ITEM #4 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE
PERMIT TO ALLOW VERIZON WIRELESS TO INSTALL A CELLULAR ANTENNA WITH
ASSOCIATED ROOF-MOUNTED EQUIPMENT TO BE TWO FEET AND FOUR INCHES ABOVE THE
MAXIMUM ALLOWED HEIGHT OF FIFTY-FOUR FEET AT 16845 E. AVENUE OF THE FOUNTAINS.
(PARK PLACE) (CASE # SU2018-01)
Mayor Kavanagh announced for items #4 and #5 there would be one staff report
Mayor Kavanagh opened the Public Hearing at 6:44 p.m.
Marissa Moore, Senior Planner, reviewed the information in the staff report on a Special Use Permit request and
provided a PowerPoint presentation (available on-line or in the office of the Town Clerk).
Ms. Moore explained the application, their requests, location map, Beta Sector, Gamma Sector and a view from the
south side of the project as requested by a member of the Planning and Zoning Commission (P&Z) and listed criteria
required by staff and those requested by Verizon Wireless. Ms. Moore pointed out that the P&Z Commission
recommended approval of Special Use Permit 2018-01 with the stipulation that all three facilities be enclosed on four
sides and was supported by the Commission's unanimous vote. Staff also recommended approval and supported the
proposed stipulation added by P&Z, which was also agreed to by Verizon.
Mayor Kavanagh asked for any Council questions for Ms. Moore.
Councilmember Magazine asked if any other companies had requested the same approval in Fountain Hills in the past
and Ms. Moore was not aware of any such requests. Ms. Moore added that she received phone calls from one person
who was in favor of the project and seven calls expressed they were opposed of the project, but she had nothing in
writing to outline their opposition that involved the building height and the facility looked like a possible safety issue
due to the construction structure, along with concerns for possible radio waves and asked if a study had been obtained
on this issue.
Vice Mayor Brown asked if Verizon would remove the roof-mounted equipment when Wi-Fi became obsolete and Ms.
Moore explained that Wi-Fi was used for cable television using repeaters and was not the same as a cellular structure.
Mayor Kavanagh asked the Verizon applicant to address Council.
Darrin Snodgrass, Verizon Wireless Director of the southwest region and represented Verizon Wireless, gave further
information on the project and stated the structure would be camouflaged on all four sides, enclosing all the equipment
as requested by staff. Mr. Snodgrass respectfully requested Council's approval for this project.
Vice Mayor Brown requested information on the micro cell and poles and Mr. Snodgrass explained the difference
between a micro cell and a small cell system. Vice Mayor Brown asked if the cell projects Council approved in the
past and located on poles were micro cells and Mr. Snodgrass replied more than likely small cell, because micro cells
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had more than one antenna and could supply more than one carrier. Vice Mayor Brown asked if Fountain Hills needed
a micro cell and Mr. Snodgrass replied that the company would not place a cell facility where no money was made.
Mr. Snodgrass also explained that small cell systems were regulated by State Legislation.
Councilmember DePorter asked if there was room for other carriers on their equipment and Mr. Snodgrass replied no
because the system was not built large enough for more than one and the other carriers would need their separate areas
with screening and a 10-foot separation to avoid interference. Councilmember DePorter mentioned that the height was
contentious but connectivity was key.
Councilmember Magazine asked if the Park Place Development did not exist, was there another location in Town to
place an antenna and Mr. Snodgrass replied Town Hall would have been looked at, but not the best location and
stressed this location was optimal. Councilmember Magazine asked if in 10-years the Town developed the State Trust
Land, would the equipment service the additional area and Mr. Snodgrass replied there would probably be a request for
another micro cell location or antennas, but who knew in 10-years.
Mayor Kavanagh stated she understood what Mr. Snodgrass was talking about and mentioned the Town was
attempting to attract young families requesting service along with the Town's several fairs where vendors attempt to
find Wi-Fi use. Mayor Kavanagh pointed out some of the blind spots in Town and was excited that service to the
"Fountain Park"area would be found and used by a lot of people.
Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender stated one had been received.
Phillip Blackerby, a Fountain Hills resident and representing the Fountain Hills Design Center located on the Avenue
of the Fountains, began by thanking Ms. Bender for all her help on several different matters over the years.
Mr. Blackerby mentioned he had been in support of the Park Place Development and described how and when the cell
phone service declined inside their store. Mr. Blackerby expressed he was a happy Verizon customer and supported
better coverage and service in the near future and encouraged Council to approve this request.
Mayor Kavanagh closed the Public Hearing at 7:16 p.m.
AGENDA ITEM #5 - CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT TO ALLOW
VERIZON WIRELESS TO INSTALL A CELLULAR ANTENNA WITH ASSOCIATED ROOF-MOUNTED
EQUIPMENT TO BE TWO FEET AND FOUR INCHES ABOVE THE MAXIMUM ALLOWED HEIGHT
OF FIFTY-FOUR FEET AT 16845 E. AVENUE OF THE FOUNTAINS. (PARK PLACE) (CASE # SU2018-01)
Mayor Kavanagh asked for further Council discussion and if not requested a motion.
Councilmember Magazine MOVED to approve the Special Use Permit to allow Verizon Wireless to install three
cellular antennas with associated roof-mounted equipment to be located within 300 feet of a residentially zoned and
platted property and one of these antennas, located on the northeast corner of the roof to be 3-feet, 11-inches above the
maximum allowed height of 54 feet at 16845 E. Avenue of the Fountains and Vice Mayor Brown SECONDED the
motion, which CARRIED UNANIMOUSLY (6-0).
Mayor Kavanagh thanked Mr. Snodgrass.
AGENDA ITEM #6 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 18-07, AN
AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE AND ZONING MAP TO
CHANGE THE ZONING ON 0.36 ACRES LOCATED AT 11639 N. SAGUARO BOULEVARD (AKA
APN#176-08-448) FROM C-1 — NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING
DISTRICT TO C-3—GENERAL COMMERCIAL ZONING DISTRICT TO ALLOW THE CONSTRUCTION
OF AN AUTO SALES, SERVICE, AND DETAIL BUSINESS. (CASE# Z2018-02)
Mayor Kavanagh announced for items#6 and#7 there would be one staff report.
Mayor Kavanagh opened the Public Hearing at 7:16 p.m.
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Marissa Moore, Senior Planner reviewed the information in the staff report on this rezoning request and provided a
PowerPoint presentation(available on-line or in the office of the Town Clerk).
Ms. Moore stated this was a request to rezone a property located at the corner of Saguaro Boulevard and Desert Vista
Drive right-of-way to construct a car sales lot and a 4,300 square foot building space for auto sales, servicing and auto
detailing for the inventory on this parcel as well as inventory on their existing business. Ms. Moore stated the
applicant's existing business was located at the corner of North Saguaro Boulevard and East Colony Drive.
Ms. Moore stated she had wanted to answer a question brought up at the Planning and Zoning (P&Z) Commission
meeting and explained after researching the County Assessor's website found the existing parcel was approximately
18,000 square feet and the subject parcel was approximately 15,500 square feet and found to be slightly smaller than
the existing business. Ms. Moore added that the reason for the request was because auto sales service and detailing
was not allowed in a C-1 zoning district, but was allowed in a C-3 zoning district.
Ms. Moore presented slides of the highlighted property, along with a graphic of the adjacent zoning district uses. She
acknowledged the current storage facilities' located in the area along with some residential and condominium units to
the north and a wash to the northeast.
Mayor Kavanagh asked what the closed filling station was currently used for and Ms. Moore replied auto service.
Ms. Moore provided a conceptual site plan, a slide of comparison of zoning specifications graph and noted an error on
her part that provided Council in their packets with a different graph and as she had wanted to present the current slide
information to point out the differences in the C-1 versus C-3 zoning district. Ms. Moore also presented two
conceptual renderings.
Mayor Kavanagh asked if the park was located behind the proposed building and Ms. Moore replied it was and an
alley was located between the proposed property building and the park.
Ms. Moore presented a slide with a list of staff's findings and reasons for their recommendation to deny the request.
Ms. Moore stated after a review of the Town's General Plan there was a safety factor discussed and the opinion that
safety overrides any business development caused by more intense land use in the proximity to the Town Park that
could create safety issues. Mayor Kavanagh wanted to know the safety concerns and would servicing be performed
outside the building and Ms. Moore replied it was mentioned at the P&Z Commission meeting that the business
planned to access the service area from the back alley creating traffic along with the bay area opened, which also
opened up to the park. Ms. Moore commented that the Town Engineer stated that a set-back of at least six-feet from
the property line would be required to allow line-of-site for exiting cars, backing out of the building. Mayor Kavanagh
asked if rear site plans had been submitted and Ms. Moore replied there were no rear renderings submitted.
Councilmember Magazine commented he counted many auto related facilities beginning at the mortuary down on
Saguaro Boulevard and expressed in his opinion there were too many of the same kind and it would not look good and
did not improve Fountain Hills.
Councilmember DePorter believed the auto dealers in Fountain Hills were doing well, but also agreed with staff that
no renderings were provided to review the possible hazard created with kids attending sports activities at the park and
moving around the area. Councilmember DePorter requested more information on safety and traffic in the alley,
which also served as parking for the park.
Vice Mayor Brown pointed out he understood the concerns, but pointed out if a shopping center were built on this
property, there would be traffic 10 to 12 hours per day and with a car dealership maybe 5 to 6 cars a day and would not
create a busy corner. Vice Mayor Brown noted the current unkept condition of the area as being unattractive and
believed disapproval of this project and the offer to make the corner new and fresh would be a disservice to Fountain
Hills. Vice Mayor Brown asked if the business was going to move totally from their existing lot or keep both opened
and Ms. Moore replied the understood intent was to keep both opened.
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Ms. Moore continued her report and pointed out staffs concerns for rezoning properties as outlined in the Strategic
Plan included the knowledge of the owner of the property to rezone to down-zone from an intense land use to a
residential land use and rezone unplatted land. This land was platted for greater density and affordable family homes.
Ms. Moore also mentioned she had researched 30 same size parks located in local municipalities and found only two
that permitted commercial businesses adjacent to a park and 28 that only had residential connected to parks.
Ms. Moore stated that the P&Z Commission had recommended approval with eight stipulations as listed in the staff
report and presented in a slide and staff had recommended denial due to inconsistencies. Mayor Kavanagh requested
Ms. Moore present the eight stipulations.
Councilmember Tolis questioned the stipulation that dedicated a 10-foot public utility easement along the front and
street side property lines and asked if the easement was included in the concept plan. Councilmember Tolis pointed
out the stipulation would not allow as much prdperty use and supported it to be allowed. Ms. Moore replied there was
a set-back already in place dedicated on Saguaro Boulevard for parking and access road along with a required sidewalk
installed and a requirement in a C-3 zoning district. Mayor Kavanagh asked if the developer agreed to the stipulations
during the P&Z meeting and Ms. Moore replied the developer was not present at the meeting except for Dave
Montgomery, Project Engineer, who did answer questions but not in an official capacity and did not comment on the
easement issue. Ms. Moore pointed out that all commercial parking lots do have a 10-foot set-back from property line.
Vice Mayor Brown asked for the developer to come forward to answer Council questions.
Rex Foley, a Fountain Hills resident, asked about the 10-foot set-back that limited the number of cars available on the
lot and expressed the need for more asphalt to accommodate inventory.
Councilmember Magazine stated Mr. Foley must not be concerned with competition in the same area and Mr. Foley
replied the other dealers and his shop were not the same and did not do what they did.
Vice Mayor Brown listed concerns that included building design, alley access, the business near an active park and
asked Mr. Foley if he would consider an adjustment of the egress involving the way of entering and existing the
building and property and would also include the bay doors not opening onto the alley while driving in and backing out
where children play at the park and adjusting the building location. Ms. Moore reiterated the 10-foot set-back required
on the building and parking lot in the C-3 zoning. Bob Rodgers, Director of Development Services, responded there
would be a 10-foot parking lot set-back from curb and the 10-foot easement would include the sidewalk and
landscaped areas.
Vice Mayor Brown inquired about conversations during the P&Z Commission meeting regarding this project and
Ms. Moore replied there were few questions and nothing more than presented this evening.
Councilmember Tolis stated Council should support businesses and it appeared Mr. Foley was attempting to be a good
neighbor and requested Council move this project forward. Councilmember Tolis and Mayor Kavanagh spoke of the
possible revenue generated by these types of businesses.
Mr. Foley asserted that his business needed approved parking on Desert Vista for customers in the area now posted as
"No Parking" and Ms:Moore replied one of the reasons for the restricted parking was due to line-of-sight issues and
was posted for safety reasons.
Mayor Kavanagh mentioned there was angle parking along the park area and Ms. Moore replied those parking spaces
were on park property and not part of the street parking as determined by the Town Engineer.
Vice Mayor Brown discussed with Mr. Foley the three lots he purchased leaving a lot open next to Pal's Inn and
Mr. Foley replied he was purchasing the end lot for a total of three lots. Mr. Foley also pointed out that his business
closed at 6:00 p.m. for those attending park sports events at night.
Mayor Kavanagh asked for further Council questions and none were initiated.
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Mayor Kavanagh asked if there were any speaker cards and Ms. Bender replied none had been received.
Councilmember Tolis commented on previous action 14-years ago where there was talk of re-designing the turn-in in
front of the Saguaro Boulevard businesses and questioned if that could be researched again to help accommodate the
parking and access for this business and Ms. Moore replied this idea had been discussed with the Town Engineer,
Randy Harrel, and due to safety issues staff determined not to pursue. Councilmember Tolis asked what would be the
process and since Mr. Harrel was not available, Justin Weldy, Public Works Director explained that all property
owners' adjacent to the service road on Saguaro Boulevard must agree to take over, maintain and pay for the
improvements fronting their property and 14-years ago and since, there was not a consensus during discussions from
the property owners' to abandon the entire area that would also provide additional parking in and out on Saguaro
Boulevard.
Mayor Kavanagh asked if the Town owned the road and Mr. Weldy replied "yes", but the property owners' would be
responsible to pay for improvements and then would acquire a piece of property. Mayor Kavanagh asked if the Town
could keep the property and use it as parking and Mr. Miller replied he understood it would be similar to an
"Improvement District" set-up with the Town abandoning the roadway in that area and noted the Town could not gift
the property and it would be necessary for the property owners' to agree to maintain their portion of the property and
he believed during discussion with Bob Rodgers, Director of Development Services, it would be hard to get the
property owners' approval and stressed this was an all or nothing project and Mayor Kavanagh agreed.
Mr. Patel commented if the Town chose to abandon the property and by State Statute if some of the property owners'
did not join in, there would not be continuity, but added staff could research how access and parking could be provided
and attempt to work out any issues. Mayor Kavanagh requested the Town Engineer review the options and Mr. Miller
added staff would then come back to Council with their findings.
Councilmember Tolis requested Council move forward with a vote on the request and Mr. Foley added his business
brought a lot of people to Fountain Hills from outside the Town.
Mayor Kavanagh closed the Public Hearing at 7:55 p.m.
AGENDA ITEM #7 - CONSIDERATION OF ORDINANCE 18-07, AN AMENDMENT TO THE TOWN OF
FOUNTAIN HILLS ZONING ORDINANCE AND ZONING MAP TO CHANGE THE ZONING ON 0.36
ACRES LOCATED AT 11639 N. SAGUARO BOULEVARD (AKA APN#176-08-448) FROM C-1 —
NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT TO C-3 — GENERAL
COMMERCIAL ZONING DISTRICT TO ALLOW THE CONSTRUCTION OF AN AUTO SALES,
SERVICE BUSINESS. (CASE# Z2018-02)
Mayor Kavanagh asked for further questions or comments from Council and if not, requested a motion.
Vice Mayor Brown MOVED to approve Ordinance 18-07 amending the Town of Fountain Hills Official Zoning
District map for approximately 0.36 acres located at the northwest corner of N. Saguaro Boulevard and Desert Vista
right-of-way from C-1-Neighborhood Commercial and Professional to C-3-General Commercial (Case #Z2018-02),
subject to the stipulations with a change in stipulation #6 from trees to desert landscaping and Councilmember Tolis
SECONDED the motion. •
Mayor Kavanagh requested a roll call vote.
Councilmember Leger Nay
Vice Mayor Brown Aye
Councilmember DePorter Aye
Councilmember Tolis Aye
Councilmember Magazine Nay
Mayor Kavanagh Aye
The motion CARRIED (4-2)
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AGENDA ITEM #8 - CONSIDERATION OF COOPERATIVE PURCHASING AGREEMENT C2019-004
BETWEEN THE TOWN OF FOUNTAIN HILLS AND SUNLINE CONTRACTING, LLC, FOR PAVEMENT
MARKING INSTALLATION OR REMOVAL, IN THE AMOUNT OF $50,000.00, WITH FIVE OPTIONAL
RENEWALS FOR AN AGGREGATE AMOUNT NOT TO EXCEED S300,000.00.
Justin Wieldy, Public Works Director reviewed the information in the staff report and pointed out the previous
improvements on Palisades Boulevard and other roads that had new pavement markings.
Vice Mayor Brown questioned Mr. Weldy's statement that in the last three years the Town had spent 545K and now
staff was asking for 550K for one-year. Mr. Weldy replied the 550K for one-year was a good base number and if
needed allowed for funding. Vice Mayor Brown stated he would like to refine the number from 550K per year to
possibly 520K and have the ability to use the balance for something else. Mr. Miller clarified that a contract amount
may not be completely spent and added that Council could request a lower amount. Vice Mayor Brown pointed out
residents wanted to know where their money was being allocated and for what reason since the Town had a funding
problem and he believe the additional money requested could be used somewhere else such as additional staffing.
Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated none had been received.
Vice Mayor Brown proposed to change the contract amount from 550K annually to 520K annually and leaving the five
year option for renewal in place and reallocating the balance of the funding at the Town Manager's discretion and
Councilmember Magazine SECONDED with a change in the motion wording that staff would bring the remaining
• fund allocation back to Council for their allocation approval and Vice Mayor Brown agreed.
Mayor Kavanagh asked for further Council discussion and none was initiated.
Mayor Kavanagh asked for a vote, which CARRIED UNANIMOUSLY(6-0).
AGENDA ITEM #9 - CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT C2018-095
BETWEEN POWER TECH CONTRACTING LLC, AND THE TOWN OF FOUNTAIN HILLS, IN THE
AMOUNT OF $45,100.00, WITH $35,100.00 FOR ANNUAL TRAFFIC SIGNAL MAINTENANCE AND
$10,000.00 FOR EMERGENCY CALL-OUT SERVICES, WITH FIVE OPTIONAL RENEWALS, FOR AN
AGGREGATE AMOUNT NOT TO EXCEED $225,500.00.
Director Weldy presented the information in the staff report for traffic signal maintenance, on call emergency and call
out services and noted Power Tech Contracting had worked with Town staff for the last three years.
Mayor Kavanagh asked if the Council had questions for Mr. Weldy and none were asked.
Mr. Miller commented that the previous Town position in the Street Department had been eliminated and replaced
with a Street Technician and there was a need for this type of position. Mr. Miller stated it was determined to be a
savings and a benefit to allow a firm to be available when needed.
Mayor Kavanagh requested an explanation on the timing of the lights for walkers as they wait for extended amount of
time before the signal changes and had caused numerous complaints. Mr. Weldy explained the workings and State law
related to traffic signals. Mr. Miller assured that staff would return to Council at a later date and discuss this issue and
Mayor Kavanagh agreed.
Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated none had been received.
Vice Mayor Brown MOVED to approve the Professional Services Agreement C2018-095 with Power Tech
Contracting, LLC for traffic signal emergency on-call services and call-out services and Councilmember DePorter
SECONDED the motion, which CARRIED UNANIMOUSLY (6-0).
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AGENDA ITEM #10 - CONSIDERATION OF THE SECOND AMENDMENT TO COOPERATIVE
PURCHASE AGREEMENT C2017-043 BETWEEN THE TOWN OF FOUNTAIN HILLS AND INTERWEST
SUPPLY LLC, TO PROVIDE SIGNS AND HARDWARE, IN THE AMOUNT OF $20,000.00.
Director Weldy presented the information in the staff report and stated this contract was a continuation of a contract
between the Town and Intenvest Safety Supply, LLC for Town signage and sign hardware through the fiscal year
2018-19.
Mayor Kavanagh asked if this contract included new signs or just replacements and Mr. Weldy replied "all signs".
Councilmember Tolis asked if this included faded signs from the sun as was replaced on Sunridge Drive and another
on Shea Boulevard. Mr. Weldy replied those were illuminated street name signs and remarked that another contract
had been approved previously to replace those type signs. Mr. Weldy announced the company contracted to replace
worn out or failing street name signs at 10 of the Town's 13 intersections would replace those signs over the next 10-
nights, except for weekends.
Mayor Kavanagh requested further discussion from Council and if not requested a motion.
Councilmember DePorter MOVED to approve the second amendment to contract C2017-043.2 between the Town and
Intenvest Safety Supply, LLC, for signs and sign hardware in the amount of $20,000 and Vice Mayor Brown
SECONDED the motion, which CARRIED UNANIMOUSLY (6-0).
AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 2018-30 APPROVING THE
INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY ANIMAL CARE AND CONTROL
(CONTRACT C2019-011) RELATING TO BASIC ANIMAL CARE AND CONTROL SERVICES FOR JULY
1, 2018 THROUGH JUNE 30, 2019, IN THE AMOUNT $19,698.00 FOR THE FIRST YEAR, AND
SUBSEQUENTLY WITH TWO 3-YEAR RENEWAL OPTIONS.
Mr. Miller presented the information in the staff report and noted the Town had a long relationship with Maricopa
County Animal Care and Control who provided needed services for the Town and recognized the Town's local
ordinances. Mr. Miller added this service was a good value and recommended Council approval the resolution.
Mayor Kavanagh asked if there was a limited number of calls allowed to Maricopa County and Mr. Miller replied it
did not appear to be a problem and mentioned the contract was currently managed by the Community Services
Department.
Mayor Kavanagh requested Council questions or comments.
Councilmember Tolis asked if the Maricopa County sheltered animals for Fountain Hills and mentioned the part Pal's
Inn played with sheltering stray animals that caused them to have financial problems and Craig Rudolphy, Finance
Director explained Maricopa County only sheltered animals they picked-up. Mr. Miller added stray dogs that residents
found in Town and took to Pal's Inn who sheltered them and attempted to find their owners or a forever home by
providing housing, medical and feeding of those animals. Mr. Rudolphy stated since the Town transferred back the
animal licensing to Maricopa County, those fees would now pay for sheltering of stray animals and eliminated the
need for a separate intergovernmental agreement (IGA).
Mayor Kavanagh asked for further questions from Council.
Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated none have been received.
Mayor Kavanagh requested a motion.
Vice Mayor Brown MOVED to approve Resolution 2018-30 and Councilmember DePorter SECONDED the motion,
which CARRIED UNANIMOUSLY (6-0)
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AGENDA ITEM #12 - CONSIDERATION OF RESOLUTION 2018-28, LEVYING UPON THE ASSESSED
VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO AD
VALOREM TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS (5100.00) OF
VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE
ANNUAL BUDGET, SPECIFICALLY FOR THE PURPOSE OF PAYING PRINCIPAL AND INTEREST
UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR BEGINNING JULY 1, 2018, AND
ENDING JUNE 30, 2019.
Mr. Miller presented information in the staff report for the adoption of the Town's annual tax levy for debt service.
Mayor Kavanagh asked for further questions from Council.
Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated none have been received.
Mayor Kavanagh requested a motion.
Councilmember DePorter left the dais at 8:18 p.m.
Councilmember Leger MOVED to approve Resolution 2018-28 and Councilmember Magazine SECONDED the
motion, which CARRIED UNANIMOUSLY(5-0), by those present.
AGENDA ITEM #13 - CONSIDERATION OF ORDINANCE 18-08, AMENDING TOWN CODE CHAPTER
9, PARKS AND RECREATION, BY ADDING ARTICLE 9-6, RESTRICTIONS ON SMOKING IN PUBLIC
PARKS, PRESERVES, AND TRAILS, AND DECLARING AN EMERGENCY.
Councilmember DePorter returned to the dais at 8:19 p.m.
Mr. Miller presented information in the staff report requesting approval to ban smoking in all Fountain Hill's park
areas, open space and trail systems. Mr. Miller reported that Fountain Hills followed a long list of other cities, towns
and Maricopa County Parks that had already placed a ban on smoking in these areas. Mr. Miller stated this was
initiated to address resident complaints and included the possible danger to animals consuming the butts. Staff
recommended approval and would include the ability of the Community Services Director to designate areas for
smokers possibly in the parking lot areas.
Mayor Kavanagh added concern for the dry conditions and the fire danger as the reason this was declared an
emergency.
Councilmember Magazine supported the band, but questioned how the ordinance would be enforced and Mr. Miller
replied by public education and noted this was the same as the ordinance that required all dogs be kept on leases.
Mr. Miller acknowledged enforcement would be addressed with staff training to politely asked people to refrain from
smoking in those areas. Mr. Miller added that he believed the State would eventually address this issue and prohibit.
Mayor Kavanagh pointed out this was compared to drinking in the parks, which was addressed with signs and staff
training and believed most people would respect this ordinance.
Mayor Kavanagh asked for further questions from Council.
Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated none have been received.
Mayor Kavanagh requested a motion.
"ice Mayor Brown MOVED to approve Ordinance 18-08 and Councilmember DePorter SECONDED the motion,
which CARRIED UNANIMOUSLY (6-0).
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AGENDA ITEM #14 - CONSIDERATION OF RESOLUTION 2018-46, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED, SECTION
11-1-7(J), NUISANCE PARTY.
*Agenda Item #14 was addressed early in the meeting.
AGENDA ITEM #15 - CONSIDERATION OF ORDINANCE 18-09, AMENDING TOWN CODE CHAPTER
11, OFFENSES, BY ADDING SECTION 11-1-7(J), NUISANCE PARTY, AND DECLARING AN
EMERGENCY.
*Agenda Item #15 was addressed early in the meeting.
AGENDA ITEM #16- COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
ITEM(S) LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (I) PLACING SUCH ITEM(S)
ON A FUTURE AGENDA FOR ACTION OR (II) DIRECTING STAFF TO CONDUCT FURTHER
RESEARCH AND REPORT BACK TO THE COUNCIL:
i.) Announcement of the Town Council Subcommittee that will review responses received
in response to the Town's legal services Request for Proposals.
Mr. Miller reviewed there was an announcement of a Mayor's appointed subcommittee of
Council volunteers together with a staff to review the proposals received that would move
forward to the Council so they can choose legal services firms to interview and that a Special
Session would be held in September 2018 to determine firms to be interviewed for the
Town's legal service provider. Mayor Kavanagh added the first subcommittee meeting would
be held in July 2018 and that she had volunteered and appointed Vice Mayor Brown and
Councilmember Tolis who would be the only Councilmembers who were not up for re-
election and would be the primaries who would make a recommendation to the Council since
they would be working with the new firm. Mayor Kavanagh indicated she would also serve
on the subcommittee.
it) Report by the Town Manager on the status of the proposed EPCOR rate increase.
Mr. Miller reported the Town had sent a letter to the Arizona Corporation Commission with
the help from the Town Attorney expressing concerns for the proposed rate increase as part of
their consolidation of service areas. Mr. Miller noted that Mr. Patel attended the recent
meeting and would give an update.
Mr. Patel stated the Town's letter was submitted within the time frame allowed by the court
and added due to the "ACC" and "Residential Consumer's Office" (RUCO) who both were
involved with another long term case, admitted they were not fully prepared for the hearing
on May 14, 2018. The Administrative Judge postponed the hearing until the last two weeks
in July 2018 and currently documents were being review and testimony filed with "RUCO".
Mr. Patel mentioned that "RUCO" had submitted a lengthy position opposing the rate
calculations and added their own suggested calculations. Mr. Patel noted the Judge
anticipated a two week or longer hearing on this matter. Mr. Miller added due to Council's
summer break, staff would provide an update in September and if necessary hold a Council
Executive Session to allow staff direction.
Report by the Town Manager on the process to fill the Council vacancy.
Mr. Miller reported there had been community interest in filling Cecil Yates vacated position
on Council with Council wanting to appoint in September 2018. Mr. Miller reported he was
going forward with the process and accepting letters of interest from qualified individuals by
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September 1, 2018 along with a Council review of the applications and would involve a
public process with the Council making the final determination.
Councilmember Magazine and Mr. Miller both acknowledged the same rules applied as
running for Council.
AGENDA ITEM #17- SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER.
Mayor Kavanagh thanked Councilmembers, Mr. Patel and staff for all their hard work this past year and that she was
proud of their accomplishments. Mayor Kavanagh announced that Council would be on summer break and would
reconvene in September 2018.
Councilmember Magazine requested staff review how they presented information to Council and believed Council
received more infonnation than was necessary and Mr. Miller replied that staff would do everything possible to reduce
the documentation and paper work.
AGENDA ITEM #18—ADJOURNMENT
Mayor Kavanagh asked for a motion to adjourn.
Councilmember DePorter made a MOTION to adjourn the meeting and Vice Mayor Brown SECONDED the motion,
which CARRIED UNANIMOUSLY (6-0), by those present. The meeting adjourned at 8:33 p.m.
TOWN OF FOUNTAIN HILLS
BY
1 a M. nagh, Mayo
ATTEST AND
PREPARED BY:
fatillaj62/04.4.1e—izabeBurke. Town
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 19th day of June,
2018. I further certify that the meeting was duly called and that a quorum was present.
DATED this 4 day of September. 2018.
lizabet 44 :urke, Town ' erk
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