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HomeMy WebLinkAbout2000.0504.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL May 4,2000 Mayor Morgan called the regular session of the Town Council to order. Following the pledge by the Cub Scouts from the Panther Patrol and the invocation by Pastor Steve Gilbertson — Fountain Hills Community Church,roll call was taken. ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Sid Apps and Councilmembers John Wyman, Pen Mower, Al Poma, John Kavanagh, and Sharon Hutcheson. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Director of Administration/Town Clerk Cassie Hansen, Acting Town Engineer Tom Ward,Director of Parks and Recreation Robin Goodman,and Director of Community Development Jeff Valder. Mayor Morgan informed the public that Agenda Item #4, at the request of staff, had been removed from the Consent Agenda for clarification that the item was recommended for denial. She then read the remaining Consent Agenda Items 1 —3. AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF APRIL 19 AND 20, 2000. AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2000-21 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE SOUTHWESTERLY PROPERTY LINE OF PLAT 605-B, BLOCK 2, LOT 46 (16003 E. VENETIAN LANE) AS RECORDED IN BOOK 164 OF MAPS, PAGE 13 RECORDS OF MARICOPA LUNTY.ARIZONA. (THOMAS MCAULIFF AND SHEREE BATSON). EA00-16 AGENDA ITEM #3 - CONSIDERATION OF APPROVING A CONTRACT FOR A BENCHMARK SURVEY WITH ANDERSON-NELSON,INC.IN THE AMOUNT OF$25,000. Councilman Mower MOVED to approve the Consent Agenda as read. Councilman Wyman SECONDED the motion. A roll call vote was taken with the following results. Vice Mayor Apps - aye Councilman Kavanagh— aye Councilwoman Mower- aye Councilman Wyman— aye Councilman Poma - aye Councilwoman Hutcheson - aye Mayor Morgan - aye The motion CARRIED unanimously with a roll call vote. AGENDA ITEM#4 - CONSIDERATION OF A TEMPORARY USE PERMIT REQUESTED BY DIXIE GREEN PROMOTIONS FOR AN ART SHOW/OUTDOOR RETAIL SALES LOCATED IN PLAT 706 NORTH OF SHEA BOULEVARD AND WEST OF MONTEREY DRIVE,CASE#TU2000-03. Senior Planner Geir Sverdrup stated this was taken off the consent agenda to clarify the concerns that staff had with this particular application. He stated the applicant had requested a temporary use permit for an outdoor retail art show. Staff discussed this application and the Marshals Department and the Town Clerk's office had voiced several concerns. It was determined that this event would be more applicable under a special event request. The Special Event Request would address the fact of increased traffic in the area and whether or not the vendors needed transient business permits in order do business out there. He stated that the Marshals Department had expressed concern for the public traveling Town Council Regular Session 5/04/00 Page 1 of 12 eastbound on Shea. Marshal Gendler had pointed out the public might try to get to the art show site by performing U- Lturns, not knowing there was access off Monterey. The Community Development staff had concerns regarding the scope A the event because the applicant had not provided a concise site plan nor a defined number of vendors. Staff's consensus was that there were too many outstanding issues and,therefore, recommended denial of the Temporary Use Permit. Councilman Poma asked why staff felt this event would cause more confusion than past shows. Mr. Sverdrup responded that the Town had not had an event at this particular location. Prior shows were established events and staff knew what to expect and usually took place on Avenue of the Fountains. He said the applicant had started out with a Special Event Request process with the Town Clerk's office and was somehow directed to the Temporary Use Permit process. He felt there were too many outstanding concerns to approve this event under the temporary use permit. Additional information and coordination with various departments was needed. Councilman Poma asked how many booths were anticipated. Mr. Sverdrup said he was not sure and perhaps the applicant could express better the scope of the event. Councilman Poma questioned how the event could be denied if the number of booths was unknown. Mr. Sverdrup responded it would be difficult to approve an event without knowing how many booths were anticipated. Councilman Poma asked if that question had been posed to the applicant. Mr. Sverdrup said yes. He stated the applicant had provided conceptual drawings but not a defined number of participants. Vice Mayor Apps asked if staff would recommend approval if the applicant obtained the appropriate permits. Vice Mayor Apps clarified that the Special Event Request process would provide more definition for this project so that the Council could understand the scope of the event. Mr. Sverdrup agreed that the Special Event Request permit process was the more appropriate process. Councilman Mower commented that if the applicant came back with a completed Special Event Permit, there was a good possibility that the application might be approved. Mr. Sverdrup agreed with that statement. Councilman Mower asked if the same traffic problems would still be there or would traffic control be in place. Mr. Sverdrup stated that those concerns would be addressed through the Administration Department/Town Clerk's office. He aid additional coordination with the Marshal's Department for traffic control concerns would be addressed through the ,,,pecial Event Request. Vice Mayor Apps asked if the applicant was present. Mr. Sverdrup said he had asked her to be present for questions. Vice Mayor Apps asked if the applicant was fine with the proposed process. Mr. Sverdrup said the applicant should respond to that question. Mayor Morgan asked the applicant to come forward. The applicant was not present, but Mr. McGraw,the Candle Shop Owner in the shopping center,came forward. He explained he was the one who had started the process with Dixie Green. He said he had participated in Ms. Green's shows and attended the shows as a spectator. He stated she did an excellent organizing a show. He said she had indicated she would be more than willing to do whatever the Council advised to get the permit. She just needed direction. Mayor Morgan asked for clarification on the event dates, which were listed as May 20 and 21. Mr. McGraw said those dates had been the dates of choice. Mayor Morgan asked, with the next Council meeting set for May 18th, would it be too late to get the permit at that point. Mr. Nordin responded that the applicant would run the risk of not being approved, but staff would work with the applicant to bring it before the Council for approval if the applicant wished to do that. Councilman Poma said, since staff recommended that The applicant apply for a Special Event Request, he felt it was safe to deny the Temporary Use Permit at this meeting. Councilwoman Hutcheson said she agreed with Councilman Poma as the only reason for denial of the Temporary Use Permit was that a different permit process was needed along with a time adjustment. Mr. McGraw said Ms. Green had acknowledged to him that the show dates of May 20 and 21 would not work at this point. She most likely would try and put something together for the fall. Vice Mayor Apps noted that this Council had helped past applicants when the applications weren't filled out appropriately or when more information was needed. The Council had also held special council meetings just for the purpose of approving events. He pointed out that it had been done for the American Legion as an example. He suggested that the staff contact Ms. Green to see how anxious she was to get the needed information back and then maybe the Council could help her out. L Town Council Regular Session 5/04/00 Page 2 of 12 Councilwoman Hutcheson MOVED to deny the Temporary Use Permit and Councilman Wyman SECONDED the / motion, which CARRIED unanimously. AGENDA ITEM #5 - PRESENTATION OF CERTIFICATES OF APPRECIATION TO ORGANIZATIONS THAT HAVE PARTICIPATED IN THE ADOPT-A-STREET PROGRAM SINCE ITS INCEPTION IN 1995. GROUPS BEING HONORED INCLUDE: SUNRISE KIWANIS, LIONS CLUB, NOON KIWANIS AND FOUNTAIN HILLS ROTARY CLUB, WHO ALL SIGNED UP ON JUNE 15, 1995; COLDWELL BANKER SUCCESS REALTY, WHO SIGNED UP ON JUNE 21, 1995; AND BOY SCOUTS #343, WHO SIGNED UP ON JUNE 26, 1995. Councilman Mower, with the assistance of the committee founder Wally Hudson, presented the certificates of appreciation to: Sunrise Kiwanis Fountain Hills Rotary Club Lions Club Coldwell Banker Success Realty Noon Kiwanis Boy Scouts Troop#343 He recognized their five years of active and continuous participation in helping to keep the Town clean and beautiful since the program's conception. AGENDA ITEM #6 - PRESENTATION BY KRISTEN GENOVESE, DIRECTOR OF COMMUNITY PROGRAMS WITH EVAC (EAST VALLEY ADDICTION COUNCIL), A COMMUNITY PARTNERSHIP PROGRAM. MS. GENOVESE WILL PROVIDE INFORMATION ON SIGNS, SYMPTOMS AND CURRENT TRENDS IN DRUG USE. Councilman Mower said that since the Town had recently experienced two drug busts, he felt some information about -lusual drug use needed broader exposure. He introduced Kristen Genovese as the person who had provided such %kooformation at a recent Cattle Guard Alliance meeting. He said her organization had been providing services to the Town for the last three years. He said EVAC was raising awareness about current drug trends affecting the youth and community. Ms. Genovese thanked the Council for the opportunity to speak. She said the new drug trend, club drugs, was recently getting a tremendous amount of attention nationally. She pointed out that a Dateline broadcast aired a Mesa raid nationally. She said it was devastating to see the teenagers exposed that way. It was also on that same day that two Scottsdale eighth-graders went on campus with GHB in their water bottles and overdosed at school and were rushed to the hospital. She said that in response to those incidents, EVAC was trying to raise drug awareness by working with the community and the kids. She acknowledged that the culture was changing very fast. That was why she was present at this meeting. She hoped to help keep the community up to speed on what was going on. She said that the adolescents' primary drugs of choice usually were alcohol,tobacco, and marijuana. She acknowledged a resurgence of some of the hallucinogenic drugs and that the club drugs were a tremendous concern. She said in a recent Youth Town Hall meeting with Mayor Morgan the issue had been addressed as how to bet get the information out to the public, particularly about a drug called Ecstasy. She referred to another recent 60 Minutes and Dateline broadcast that targeted a major concern of using this drug. The concern was where would those kids be in ten years. She explained that because of the brain damage we would see a new generation of depressed kids. She said the result of only one night of doing this drug could deplete 90% of the serotonin in the brain for two weeks. She stated serotonin was needed for the human body to naturally feel good. She said it was unknown what effects these drugs later on would have on the life of those youths that used these synthetic drugs. She said the EVAC was also seeing a drug called Special K, which was a cat tranquilizer used as a local anesthetic. She said the kids were snorting it. GHB, known as the date rape drug, was an odorless, tasteless, colorless liquid drug and could not be seen in water. She explained that one little capful was the 'uivalent to six beers being consumed within one hour. She was asking for the Council's continued support as EVAC ntinued to try to raise awareness in the schools and with the parents. She said recently they had trained all teachers Town Council Regular Session 5/04/00 Page 3 of 12 from K— 12. She noted they were constantly strategizing with the Cattle Guard Alliance on how to address the new drug (.0, Tends and still combat alcohol, tobacco, and marijuana. She pointed out that alcohol was by far the leading killer of ;ens. She congratulated the school on their recent simulation of a drunk driving accident before prom. Ms. Genovese said it was known that drug use tripled between the 7th and 8th grade years. She noted that was attributed to the fact that the Dare program was taken away in the 6th grade and kids had no prevention in the 7th grade but were exposed to everything. She said this was where the drug use was tripling. She stated that the school district, along with the Cattle Guard Alliance, proposed to support the efforts of the EVAC by matching funds to provide a research based program to the middle school students. She said the program had national attention by proving it reduced or delayed the onset of drug use. She confirmed that Fountain Hills was no different than any other community that they work with. She said all communities needed to address this problem. She pointed out the bottomline was that the parents needed to hear the information. She acknowledged that there was an informative website (www.health.org) with information on drug prevention. She encouraged the Council and the public to view this site often as drug trends were always changing. She stated she had flyers and booklets to distribute to the Council covering the information she had just discussed. She noted that the booklets were free and were in the schools now for distribution. She asked if the Council had any questions. Councilman Poma asked if the parents could contact the Cattle Guard Alliance. Ms. Genovese stated the best approach would be to have the public contact the school counselors or Imagine Recovery. Councilman Mower suggested the public could call the Town and a number would be made available to the caller. Councilman Poma proposed that the new council support the Cattle Guard Alliance in the new budget year. Vice Mayor Apps said his company, AT & Associates, had been doing low cost drug testing. He said the numbers of those tested has declined a little from referrals. He noted that his company was just starting to check for these new drugs. f - was more of a complicated procedure for the lab. He said his staff had polled other labs and found that they were not sting for the synthetic drug use yet. Ms. Genovese stated that if the kids knew what was in methamphetamines, they might never touch Ecstasy. She listed some of the ingredients: pool acid, drain opener, strychnine, acetone, and battery acid. Vice Mayor Apps pointed out that Arizona was called the methamphetamine capital of the world. Ms. Genovese agreed and noted that Arizona was also the country's marijuana hub. Vice Mayor Apps wanted to make sure his office numbers were also available to the public. He said they were now open 24/7 for testing. He said the public could also call Town Hall for that information. Councilwoman Hutcheson thanked Ms. Genovese for the presentation. She agreed that the emphasis must be on prevention and awareness. Councilwoman Hutcheson asked what treatment options were available. Ms. Genovese stated EVAC did not have a license to work with teens,only adults throughout the county. She said that the state was taking this on as a behavioral issue because many of the resources had closed. Ms. Genovese explained that was why there was a need to push prevention and awareness. She felt that before a teen was thrown into rehab perhaps educational classes could be an option to reach the parents. Ms. Genovese agreed the treatment issue would be a challenge for the Town. Councilwoman Hutcheson asked if EVAC still ran their 2 — 3 day detox program. Ms. Genovese said yes, but for adults only. Councilwoman Hutcheson reiterated that there were very few treatment options available other than support groups or counseling sessions with Imagine Recovery. Ms. Genovese said about 300 beds had been closed within the last 2 years for adults and children. Councilman Poma suggested that the public call their state representatives to push for funding to help the youth. Vice Mayor Apps agreed education and raising the public awareness was needed. He also hoped that the new council would look at funding options to help with this drug issue. Councilman Mower requested that the Town look at what could be done to educate the public in Fountain Hills. Ms. Genovese suggested using the local businesses to help distribute the • formational booklet. Councilman Kavanagh suggested she talk with the Town Manager for assistance with distributing information. Mr. Nordin said he would be happy to meet with Ms. Genovese. Mr. Nordin proposed using Channel 11 Town Council Regular Session 5/04/00 Page 4 of 12 for getting the information out to the public. Mayor Morgan thanked Ms. Genovese for the information and she hoped that the Council could be of further assistance in this issue. Councilman Mower suggested checking with the high school o see if the booklets couldn't be distributed. Councilman Poma said he would take some. AGENDA ITEM #7 - PRESENTATION BY JOHN ROSENQUIST ON THE FUND-RAISING EFFORTS FOR THE NEW COMMUNITY CENTER PROJECT. Councilwoman Hutcheson introduced John Rosenquist. Mr. Rosenquist said this was the official kick off for fund raising efforts. He said that this committee was part of the Civic Association and had a committee of 10 people who were working on fund raising. Peg Tibbetts, Lee Robinson, Jeffrey Smith and Sharon Bieker were working on gifts and grants. Judy Dragiewicz was working on the Brick Program and Donor Recognition. Ron Smith was contacting the service clubs and Michael Fleck was in charge of public art. He acknowledged that Bill Trask was developing a website. Frank and Grace Jakubs were in charge of publicity and treasurer duties. Mr. Rosenquist stated the committee's goal was set at $500,000 with $300,000 spent for furniture and fixtures and $200,000 spent for public art. He said their two objectives were: A. Participation by all the people in the community on three levels: 1) Major donor contribution starting at$10,000—$100,000. He acknowledged that the committee had received over$160,000 in pledges at this level. 2) Friends Program contribution stating at$1,000—$10,000. He said they had received cash donations in the amount of$2500 at this level. 3) Brick Program. The community individuals could purchase either a $50 or a $100 engraved brick. He said the committee had arranged to take credit cards and would be happy to accept securities. B. Looking for received donations to be matched by grants He stated they would be doing the normal promotional activities with the local newspapers and Channel 11. He expected Le public would be able to down load the brick form from the website. He confirmed they would also hold in home 3ffees and solicit donation from major businesses in the area. He displayed a handbook prepared for fund-raisers. He said he had included copies for the Council that included a couple of blank forms so that the Council could start with their participation. AGENDA ITEM #8 - CONSIDERATION OF APPROVING THE TOWN ATTORNEY'S LETTER TO THE ARIZONA CORPORATION COMMISSION SUPPORTING THE ACQUISITION OF CHAPARRAL CITY WATER COMPANY BY AMERICAN STATES WATER COMPANY AND DIRECTING STAFF TO SUBMIT THE LETTER ON BEHALF OF THE TOWN COUNCIL. Town Attorney Bill Farrell stated the draft before the Council was slightly different than the prior letter discussed. Mr. Farrell stated that American States Water Company had been cooperative in obtaining information on the litigation cases and granting open access to the attorneys in California who represented them. Mr. Farrell stated he was able to determine that the litigation had nothing to do with the operation of the company or their customer service practices. The litigation had to do with their wells being located in aquifers that had been the subject of pollution by some major industrial users through the sewer systems in the state of California._He said that environmental groups and concerned citizens, in an effort to bring additional pressure onto the polluters, had provided suit against the water providers. He said the water providers, along with the California Utility Commission and the industrial organizations, had worked through the settlement process. This process assured that the quality of water drawn out by American States was of distribution quality. He said the people causing this problem were required to not only prevent additional pollution but to cure the current problems. He opinion was the Town should have concerns about the 11 lawsuits. Mr. Farrell stated the rate issue was a little more complex. He reminded the Council that Chaparral Water Company had not sought a rate increase since 1991 although Fountain Hills had changed over the last nine years. Mr. Farrell referred to the letter received from American States Water Company dated April 14th. This letter referenced the company's desire to a good neighbor as well as their posture regarding rates. The letter also restated their commitment that they would not Town Council Regular Session 5/04/00 Page 5 of 12 seek a rate increase during the current calendar year. He said he had taken the liberty of attaching a copy of that letter (iifrom American States to his letter drafted to the Arizona Corporation Commission on the Council's behalf. He said he ad attempted to contact the Commission but was unable to talk to a staff person assigned. However, he was able to get the rest of the docket number. He had also conferred with other attorneys who had practiced before the Commission representing independent water companies about the Rule 803 process, which was the transfer of stock from one to another. He said the price paid for the company would be a factor taken into consideration at the time American States ultimately sought a rate increase. However, he said it was the Commission's practice not to ignore the amount of money a company had paid. He explained that not all of the sale price automatically would be rolled into the base value of Chaparral Water. He said it was the Town's position that the Town was free to monitor or intervene in a future rate increase case should it be found to be in the best interest of the Town and its citizens. He stated the Town would not be waiving any rights with regard to participation or monitoring of the Commission if they decided to hold a hearing on the stock transfer. He pointed out the Commission would likely take no action. The Commission had the rule making ability to either grant this during the first 30 days or sit on it for 120 days, which would be then granted by a presumption of law. Mr. Farrell said that in light of these facts, he had drafted the letter, now before the Council, to the Corporation Commission for signature. The letter indicated the Town had conducted an investigation into the affairs and the American States was forthcoming with that information. The letter further stated that the Town had found nothing that would disqualify the company and that the Town would support them as an addition to the community based primarily on the fact that they were forthcoming with the information. He stated the letter encouraged the Commission to look with favor upon American States' application. Mr. Farrell announced that Mr. Wicks was in the audience for any further questions from the Council. Mayor Morgan asked if Mr. Wicks wanted to make a statement. Mr. Wicks thanked the Council for considering this 'quest. He reiterated that American States wanted to be a good citizen in Fountain Hills and do what they could to ovide quality water and service. Councilman Poma said he was still in favor of the Town owning the Water Company. He asked Mr. Farrell what was the last opportunity for the Town to file for eminent domain. Mr. Farrell said the community never releases their right of eminent domain. He said it would take a vote of the Council and adequate cash to do it. He acknowledged that by allowing the transfer between Chaparral Water and American States, the Town did not waive that right to acquire the company in the future. It merely meant changing the name on the suit from Chaparral Water to American States. Councilman Poma asked if the taxes paid by Chaparral Water could be saved if the Town owned the Water Company. Mr. Farrell agreed they could. Councilman Poma said that the money saved on taxes could be used to help buy the mountain land. Councilman Poma MOVED that staff begin the eminent domain process to acquire the Water Company. Mr. Farrell stated that was not the agenda item before the Council. Mr. Farrell explained that a resolution of condemnation would need to be prepared and the current agenda item addressed possible action on the letter only. He joined Councilman Poma in his favorable opinion of Town ownership of the Water Company. He said he had never told anyone on the Council that they did not have the right-of eminent domain. He noted that even though Councilman Poma and he would both like to see that item before the Council it was not on this agenda. Councilman Poma requested that this issue be put on the next Council agenda. Councilman Mower asked if the Town proceeded with the eminent domain action, would the cost be the $32 million. Mr. Farrell stated he did not know. He felt it would be an item that an appraiser would take consideration. However, he said that Arizona law used a complex method of valuation called Reconstruction Cost New Less Depreciation (RCNLD). He stated that the courts have said,just like market value in real estate, that in utilities,RCNLD would be the method used for calculations. He noted that the RCNLD could come in at more than $32 million. He said it would be hard to say without -lying someone to perform an appraisal just what the actual price would be. He pointed out that the Town would say this L Town Council Regular Session 5/04/00 Page 6 of 12 was a good example of its worth because that was the acquisition cost. He concluded that would not be what Mr. Wick's attorney would say. Councilman Mower asked if this action was taken, would the Town develop a Community Facilities District. Mr. Farrell said yes. He acknowledged that would be the staff's recommendation to the Council. Councilman Mower asked if the Town would then float a bond issue that would not increase property taxes but would be supported by the revenues of selling the water. Mr. Farrell said that was correct. Mayor Morgan asked Mr. Farrell if the Council should be discussing this issue at this meeting. Mr. Farrell stated probably not. Councilman Wyman MOVED to approve the Town Attorney's letter with direction to staff to submit the letter and Councilman Kavanagh SECONDED the motion. Councilman Wyman inquired as to the actual purpose of the Council's letter to the Corporation Commission. Mr. Wicks responded that the Arizona Corporation Commission did not require the letter. He also acknowledged that his company knew of the Town's interest in the Water Company. He stated American States preferred not to come into an advisory situation but come in as a provider of a quality service. Councilman Wyman reiterated that the letter was a means to indirectly assure the Arizona Corporation Commission that there was no adverse relationship. He asked Mr. Wicks if that was a fair way to put it, even though the Town retained the legal right to exercise to eminent domain. Mr. Wicks agreed. Vice Mayor Apps thought the issue of eminent domain was a good idea. He felt there were questions and the item should be reagendized. Mr. Wicks noted that in many communities his company had worked with a committee of Councilmembers or with the whole Council to discuss any concerns in a less public forum. He stated he did not have a problem meeting either way. He suggested this type of meeting as a possible alternative. )uncilman Mower recommended that the Council follow through on this issue and place it on the next council agenda or May 18t'. Councilman Kavanagh asked if the Council approved the letter would it harm any future of any action taken by the Town to acquire the Water Company. Mr. Farrell responded no. Councilman Kavanagh asked Mr. Nordin since he was new on the Council would it be possible to review the Town's files on the Water Company. Mr. Nordin responded yes, to the extent allowed by the Town Attorney. George Post, 17014 E. Rand Dr. He asked that the Council not to send the letter as there was nothing to be gained. He suggested the Council send a letter stating they were looking at impact fees as a way of allowing the Town to buy the Water Company. John McNeill, 15533 E. Thistle He stated he was a utility lawyer and he questioned the need for the letter to be sent to the Corporation Commission. A roll call vote was taken with the following results. Councilwoman Mower- nay Councilman Wyman— aye Councilman Poma- nay Councilwoman Hutcheson - nay Vice Mayor Apps- aye Councilman Kavanagh— aye Mayor Morgan - nay e motion FAILED on a roll call vote of 4—3. Town Council Regular Session 5/04/00 Page 7 of 12 AGENDA ITEM #9 - PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON A PROPOSED SPECIAL USE PERMIT TO ALLOW A WIRELESS COMMUNICATIONS FACILITY TO BE LOCATED AT 16100 E. 'ALISADES BOULEVARD, A.K.A. FOUNTAIN HILLS HIGH SCHOOL, ON AN EXISTING LIGHT TANDARD AT THE FOOTBALL FIELD,CASE NUMBER S2000-01. Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 7:43 p.m. Senior Planner Geir Sverdrup reviewed the application and stated that the applicant had worked with the school to assure minimum impact. Staff stipulated additional landscaping in order to lessen the visual impact of the facility from the north. He said that the applicant would submit a landscaping plan for staff to review and approve prior to the construction of the facility. He stated staff and the Planning and Zoning Commission recommended approval. Councilman Poma asked how big was the structure. Mr. Sverdrup assured the Council that the antenna would protrude very little. Councilman Poma asked if Mr. Sverdrup knew how much money would be paid to the school. Mr. Sverdrup responded that he did not know. Councilman Wyman asked if the Council could deny the permit, as there were industrial areas available and if the Planning and Zoning Commission had taken that into account. Community Development Director Jeff Valder stated they had. Mr. Farrell concurred that federal law preempted this issue. Mr. Nordin pointed out that using the high school light poles was a practical solution as it met a goal of utilizing existing verticality. Jean Sims, Tynan Group—3333 E. Camelback Ms. Sims reviewed their construction plans for the site and placement of their equipment. She said they had asked for an additional stipulation for the Telco Run, which was approved by the Town's engineering staff. Mr. Sverdrup stated that Mr.Jim Leubner was the Town's engineer who had reviewed the request, which was viewed as a minor issue. He said the school had also approved this change. Peter Putterman addressed the Council and stated this was a good location for the facility and equipment. He said the Town needed these additional wireless sites in order to provide uninterrupted communication service to the public. :ayor Morgan reconvened the regular session at 7:58 p.m. AGENDA ITEM #10 - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW A WIRELESS COMMUNICATIONS FACILITY TO BE LOCATED AT 16100 E. PALISADES BOULEVARD, A.K.A. FOUNTAIN HILLS HIGH SCHOOL, ON AN EXISTING LIGHT STANDARD AT THE FOOTBALL FIELD, CASE NUMBER S2000-01. Vice Mayor Apps MOVED to approve the Special Use Permit with stipulations as presented and Councilman Poma SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #11 - PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON A PROPOSED SPECIAL USE PERMIT TO ALLOW A WIRELESS COMMUNICATIONS FACILITY TO BE LOCATED AT 16701 LASER DRIVE, A.K.A. VAN'S STORAGE, ALONG THE EAST SIDE OF THE LOT WHICH FACES TECHNOLOGY DRIVE,CASE NUMBER SU2000-02. Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 7:58 p.m. Mr. Sverdrup reviewed the Special Use Permit application submitted by the applicant. This application would allow a new wireless communication facility to be placed within an existing storage facility utilizing a new 65' tall monopole. He stated that the Planning and Zoning Commission recommended approval. Staff also supported and recommended approval of this application. Mr. Nordin confirmed that the Planing and Zoning had previously continued this item but the applicant had since satisfied their concerns and staffs by providing additional information. Town Council Regular Session 5/04/00 Page 8 of 12 Mr. Sverdrup stated that while the residents of Firerock would be able to see the pole, the applicant proposed to paint the (iw hole in blue tones in an effort to reduce the visual impact. He pointed out that the landscaping would also help obscure le pole from view. Councilman Wyman inquired why the applicant had wanted to continue this application. Mr. Sverdrup explained that it had been the Planning and Zoning Commission who had requested the continuance in order to allow the applicant the time to address some additional concerns that they had. He confirmed that those concerns had been answered to the satisfaction of the Planning and Zoning Commission. Therefore, the Planning and Zoning Commission was now recommending approval of this application. Mayor Morgan asked how many neighbors had voiced concern with regard to the proposed application. Mr. Sverdrup responded staff had more opposed to the pole but there were also those who came out in favor of it. Councilman Poma reiterated that the color of the pole had been changed to reduce the visibility of the pole because of the neighbors' concerns. He restated the fact that the proposed pole was to be placed in the industrial district not in a residential area. He pointed out that the Planning and Zoning Commission had unanimously recommended approval and he did not feel this was a problem. Councilman Mower asked if the photos were fairly accurate. Mr. Sverdrup said the pole appeared taller in the photo simulation in order that the visual impact was not minimized. Councilman Mower asked if the pole would only allow for two communication systems. He also asked if a third company wanted to come into the Town, would that applicant have to put up another pole. Mr. Sverdrup said that this site was a co-locatable site. If a third carrier came into the area, they would have to find other available verticality. He suggested that a carrier could utilize one of the existing light poles. He acknowledged that although they would not gain them much height, it would allow for some verticality. He said AT&T had said they needed the 65' height in conjunction with the site previously approved and also in conjunction with a third site that would come before the Council in the coming months in order to provide adequate service coverage in this area. Councilman Mower questioned if another carrier came in requesting 65' verticality, would they be placed beside this cr.oposed pole. He asked if the public would begin to see a forest of poles. Mr. Sverdrup said additional poles at the 65' eight might be unnecessary. He explained that other carriers, depending on how their existing network was set up, applicants might be able to come in at a lower height. Councilman Mower asked if the stealth pole located at Taco Bell or the flagpole at MCO had been considered for alternative sites. Mr. Sverdrup said a special use permit had been approved for MCO's flagpole with the stipulation that the pole height would be reduced and setback from the roadway. He said MCO Realty was unwilling to make that change to their flagpole and wanted to keep the pole's existing height and current location. Mr. Sverdrup confirmed the height of MCO's pole to be 89'. Councilman Mower asked why the flagpole couldn't be used. Mr. Sverdrup said the existing flagpole was not designed to handle any additional weight at the top. He acknowledged that any pole replacement would require a thicker more view obscuring pole, which was one of the reasons that the Council had required the height be reduced along with the setback. Mayor Morgan along with Mr. Farrell requested the Council return to the current agenda item. Mr. Farrell stated that the applicant would either get this application approved or denied. Then it would be up to the applicant to come back to the Town with alternative sites. He explained that the Council could not force the applicant to lease from someone else. Councilman Mower said he knew the Council could not force the applicant to look at other locations. He was trying to find out if the applicant had looked at other sites. Mr. Farrell said it would be up to the applicant to address this issue. Councilman Poma said he understood that MCO had been approached and staff had recommended moving their flagpole. MCO had decided not to move it and it was then that the applicant went to Van's Storage. He said it was not up to the Council to locate this pole for the applicant. He said it had been the applicant who had decided on the location at Van's after looking at alternative sites. Councilman Kavanagh noted that the antenna array at the high school site was very small. He noticed that this proposed ray was significantly larger. He asked if that was because of older technology or a different need was being met. Mr. ierdrup explained that the high school site photo provided an optical view of an existing 100' vertical pole so the panels Town Council Regular Session 5/04/00 Page 9 of 12 would appear smaller. He said that in looking at the Van's Storage site, the Council was looking at a new 65' monopole Lwith flush mounted antennas and so the antennas would look larger because they were closer to the ground. He confirmed was the same technology at both sites. Councilman Kavanagh asked the applicant if both arrays were of the imensions. Peter Drake responded that the technology and the length and width of the antennas were identical between the two sites. He explained that the poles at the high school had been photographed from a further distance than the poles proposed at the Van's site. He said at the Van's site they had photographed the poles up close so that there no question as to what they would look like. He said the second photo simulation was taken at a distance of 1/3 of a mile away from the residential community looking towards the pole. Peter Drake,Tynan Group Mr. Drake discussed why they had chosen that site for their equipment. He also described the overall appearance of the project. Ginny Ann Summer, She said suggested the alternative SRP site would not work due to the topography. She said the proposed site had been chosen because it was a secure location. Mr. Nordin pointed out that the equipment would provide the additional capacity for at least one more carrier. Councilman Mower asked if the pole located at Taco Bell had sufficient height for equipment shelter. Mr. Drake said they could use the height at that location but the major problem would be the location of the equipment at that site. George Post, 17014 E Rand Dr. He said the pole should be allowed, as it would be in an industrial area. Gene Owens, 16502 E. Firerock(President of Firerock Ridge HOA) Mr. Owens said that even though the proposed pole would be installed in the industrial part of Firerock, the antenna Auld be significant in size as compared to anything else in the Town. He pointed out on a display map the area where sidents' views would be affected by the pole's location. He said this would be the only communication pole in Fountain Hills that would not be camouflaged in a residential viewpoint area. He said it was scary to think there might be more carriers who would apply for poles in the same area. He recognized that the Taco Bell pole could not be used. He asked why couldn't another pole be placed in that same location as the ground equipment should not be a problem since that area was zoned industrial. He stated at the first Planning and Zoning Commission meeting, it had been discussed that the land could be condemned around the power poles on the south side. He felt that would be an ideal place. He restated that the pole would be highly visible to the area homeowners and a detriment to the Firerock Ridge area. He said the area residents were against the installation and asked that they look for another site. Mayor Morgan reconvened the regular session at 8:33 p.m. AGENDA ITEM #12 - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW A WIRELESS COMMUNICATIONS FACILITY TO BE LOCATED AT 16701 LASER DRIVE, A.K.A. VAN'S STORAGE, ALONG THE EAST SIDE OF THE LOT WHICH FACES TECHNOLOGY DRIVE, CASE NUMBER SU2000- 02. Councilman Poma MOVED to approve the Special Use Permit with stipulations as presented and Councilwoman Hutcheson SECONDED the motion. A roll call vote was taken with the following results. L Town Council Regular Session 5/04/00 Page 10 of 12 Councilman Wyman— nay ' Councilman Poma - aye Lis, Councilwoman Hutcheson - aye Vice Mayor Apps - nay Mayor Morgan - nay Councilwoman Mower- nay Councilman Kavanagh— aye The motion FAILED on a roll call vote of 4—3. Councilman Mower MOVED to continue this item to the May 18th council meeting and Vice Mayor Apps SECONDED the motion. A roll call vote was taken with the following results. Councilman Kavanagh— aye Councilwoman Mower- aye Councilman Wyman— nay Councilman Poma - nay Councilwoman Hutcheson - nay Vice Mayor Apps - aye Mayor Morgan - nay The motion FAILED on a roll call vote of 4—3. AGENDA ITEM#13-CALL TO THE PUBLIC AND ADJOURNMENT. George Post, Rand Drive. (li 'Te questioned why a special council meeting had been called on Monday when the regular session of the council was to invene only three days later. He also felt that the idea of fishing in the lake at Fountain Park should not be allowed for ear of damaging the new lake liner once it was installed. Jody Knapp, 17011 E. Monterey She stated she was proud of the Council's positive progress. Councilman Poma MOVED to adjourn the meeting and Vice Mayor Apps SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 8:41p.m. , L Town Council Regular Session 5/04/00 Page 11 of 12 TOWN OF FOUNTAIN HILLS By: Sharon Morgan,Mayor ATTEST: /121,11_, � Cassie B. Hansen,Town Clerk PREPARED BY: 1-' at�'c Bev Bender,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting held by the Town Council of Fountain Hills on the 4th of May 2000. I further certify that the meeting was duly called and that a quorum was present. th DATED this 18 day of May 2000. L Cassie B. Hansen,Town Clerk r L Town Council Regular Session 5/04/00 Page 12 of 12