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HomeMy WebLinkAbout2013.0307.TCREM.Minutesz:\council packets\2013\r130321\130307m.docx Page 1 of 12 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 7, 2013 REGULAR SESSION AGENDA * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:30 p.m. * INVOCATION – North Chapel Community Bible Church, Director of Men's Ministry, Norris Heckel. * ROLL CALL Present for roll call were the following members of the City Council: Mayor Kavanagh, Vice Mayor Elkie, Councilmember Brown, Councilmember Yates, Councilmember Dickey, Councilmember Leger, and Councilmember Hansen. Town Manager Ken Buchanan, Town Attorney David Pennartz and Town Clerk Bevelyn Bender were also present. * MAYOR’S REPORT i) The Mayor may review recent events attended relating to economic development. Mayor Kavanagh congratulated Dr. Liz Smith and Paul Appledorn of the Noon Kiwanis and said it was her pleasure to present them with the United Blood Service's Hero Award, Platinum Level, which is the highest of all levels. She commended them on the great job they do. The Mayor also congratulated the students of the Fountain Hills' High School team that competed with teams from out of State. She said it was a lot of fun to be a referee for the competitions. She also congratulated all the students from the High School who received awards for their Winter Sports activities. Mayor Kavanagh discussed her recent Mayor's Mobile Town Hall over the weekend at the Fair and said it was a great opportunity to distribute information on the Town and meet with the various talented artists. Mayor Kavanagh stated that she attended Scottsdale Mayor Jim Lane's State of the City Address and sat with their Council delegation thanks to their host, Fountain Hills' resident and former Councilmember Enrique Melendez, representing El Salvador. She said this was a great way to show support to their neighboring City to the west. Mayor Kavanagh announced that she attended the grand opening of the Fort McDowell Yavapai Nation's new Early Childhood School and provided information on that as well. The Mayor advised that she and Councilmember Yates attended an event sponsored by Republic Services, the Town's trash collectors, and said it was a great opportunity to meet with their executives and management staff and discuss issues important to the Town. Mayor Kavanagh announced that 500 hikers from all over t he Valley showed up at McDowell Mountain Park to Hike for the Homeless (the 12th year for this event). Mayor Kavanagh added that she attended a very important meeting at the Capitol last Friday regarding the State's drastic proposed changes to the Transaction Privilege Tax (TPT), which could cost the Town $300,000 a year and a lot more when the Ellman Property is developed and she also discussed the proposed auditing changes. She noted that she has been working with a large group of Mayors to fight this proposal and said that State Representative John Kavanagh helped to voice the Town's concerns and believes that the State now recognizes the drastic impacts on the Town should this pass. She stated that she believes this discussion will continue tomorrow morning at a meeting at the Capitol. She thanked Deputy Town Manager/Finance Director Julie Ghetti for her assistance. z:\council packets\2013\r130321\130307m.docx Page 2 of 12 ii) The Mayor will read a proclamation regarding the 10th Anniversary of the L. Alan Cruikshank River of Time Museum. Mayor Kavanagh read a proclamation regarding the 10th Anniversary of the L. Alan Cruikshank River of Time Museum and provided background information on this valuable Town asset. She discussed the additions and that have been made to the original structure and the new exhibits that have been added. She noted that more changes will be made in the future to keep the museum current and enhance its mission to lead visitors through creative, informative exhibits that recount the captivating past of the Lower Verde River Valley, the importance of water in their Sonoran Desert and to illustrate how water determines the course of history. The Mayor proclaimed the L. Alan Cruikshank River of Time Museum a valuable asset to the Town, congratulated them on their anniversary and thanked everyone involved for making the Museum great. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS Town Manager Ken Buchanan informed the Council that the fee for service providers will provide the Council with a report on their activities, accomplishments and goals. (i) Presentation by the Fountain Hills' Chamber of Commerce/Tourism Bureau with a report on FY 12-13 funding. Francesca Carozza addressed the Council and provided a presentation on t he Chamber of Commerce/Tourism Bureau which included: Their Mission; Goals, Strategies and Programs; Website; Print Advertising; On -line Marketing; On- Line Marketing - TripAdvisor.com; Fulfillments/Publications; Visitors Guide; Dining Guide; Calendar of Events; E - Newsletter; Niche Market - Weddings; Conventions and Meetings; New Event - Cyclovia (Copy of the presentation is available on line and in the office of the Town Clerk). Ms. Carozza responded to a series of questions from the members of the Council who commended her and everyone else involved for their efforts. (ii) Presentation by the Fountain Hills' Theater with a report on FY 12-14 funding. Val Stasik, Executive Director of the Fountain Hills' Theatre, addressed the Council and highlighted a brief presentation on the Theater's FY 2014-15 funding (Copy available on line and in the office of the Town Clerk). Ms. Stasik thanked the Council and the Town for keeping the Arts a priority in Town and discussed the following: 2012 Demographics; Expense Budget ($607,440); Full Consolidated Income Breakdown ($607,440); The Contract between the Theater and the Town; Production/Workshop Expenses versus Income ($344,102) and Productions/Income (Fiscal Year activity to date). She informed the Council that a revised Presentation had been provided to the Town. Ms. Stasik said that the Fountain Hills Theater is entering its 27th season, is proud of the work they have done and of their community for its continued support over the years. She noted that the population of the Town is just over 22,000 people and the Town contract of $72,240 amounts to about $3.00 per person per year or 25 cents per month. She expressed the opinion that that is not a bad investment to keep this award winning theater in operation while continuing to attract new people to Fountain Hills every day. Ms. Stasik responded to a series of questions from Councilmember Yates and the Mayor and indicated her willingness to provide the Council at a future date additional information to clarify issues and answer the outstanding questions that they have. Councilmember Dickey questioned if the purpose of these presentations tonight was to review the contracts that were agreed to and then their reporting to us on what we asked them to do with the funding. The Mayor responded yes, and she stated that the Council had the option to ask any questions relating to any of the slides just a s we did for the Chamber or any of the other groups. Councilmember Leger commented on the accountability of the Town’s service contracts and the purpose of semi - annual reports; that he viewed this contract as a fee for services; that this service provided in keeping the Theater going is an invaluable service for the Town, that it adds value to the Town, and it adds to the economics of the Town; that perhaps they should consider this fiscal year using dollars from economic development because it adds value to z:\council packets\2013\r130321\130307m.docx Page 3 of 12 economic development a well as theatrical production; and that he could probably measure the return on investment more directly from the Theater than from the Tourism contract. Councilmember Leger indicated his support for both the Theater and the Chamber and thanked Ms. Stasik and Ms. Carozza for their presentations. Councilmember Hansen commented that she liked the slide in the presentation (Town Contract 2012/13) that had broken out the specific column saying contract totals and noted that whoever w as doing the books had made it real clear. Vice Mayor Elkie requested that any additional information or explanation provided by the Theater be supplied to all Councilmembers; he commented that the Town’s service contracts had been accountable in providing an explanation as far as where the dollars had been spent. Vice Mayor Elkie thanked Ms. Stasik for the presentation. Mayor Kavanagh thanked Ms. Stasik for coming and said that she looks forward to receiving the additional information/clarifications. (iii) Presentation by the JumpStartBiz with a report on FY 12-13 funding. Mike Tyler addressed the Council relative to this item and highlighted a brief presentation , which included the following: Background (started as an experiment in 2012 with a goal to increase jobs in Town; Needed to validate the demand and viability; The Valley Incubator Scene; Road Map Process Steps; Value Proposition; the Current Situation (7 employees with one more imminent. Potential to create 15 to 20 jobs in Town); Road Map Process (Stages/Elapsed Time); Testimonials and Key Issues (Moving to a sustainable on-going structure, the need for increased funding to continue, move from an opportunistic to a more targeted approach). (Copy of the presentation is available on-line and in the office of the Town Clerk). Mr. Tyler responded to a variety of questions from the Council and individual Councilmembers thanked him and the group for their efforts to date. (iv) Presentation by the Boys and Girls Clubs of Greater Scottsdale with a report on FY 12-13 funding. Tom Shaughnessey, Senior Vice President of Operations for the Boys & Girls Club of Greater Scottsdale and Tamara Percevecz, their Youth Development Supervisor at the Town's McKee Branch, addressed the Council relative to this item and highlighted a brief presentation that included the following: The organization's Mission; Vision, Organization Overview; Mary Ellen & Robert McKee Branch; Town Goals & Initiatives and the Boys & Girls Club's response to them; Programs funded by the Town for 2012-13 and the McKee Branch's Results. (Copy of the presentation available on-line and in the office of the Town Clerk). Mr. Shaughnessey and Ms. Percevecz responded to a series of questions from the members of the Council and the Council thanked them for their ongoing efforts. (Vice Mayor Elkie left the dais at 7:48 p.m. and returned at 7:51 p.m.) The Mayor thanked both individuals for their presentation. (v) Presentation by the Extended Hands Food Bank with a report on FY 12-13 funding. David Iverson, Executive Director of the Extended Hands Food Bank, addressed the Council and reviewed information provided in the packet, which included the following: 2012 Activities/Data (July-December) and Quarterly Invoices (July-September and October-December 2012). Mr. Iverson responded to a series of questions from the Council and the Mayor thanked Mr. Iverson for his presentation. CALL TO THE PUBLIC Town Clerk Bev Bender advised that two citizens wished to address the Council under this agenda item. z:\council packets\2013\r130321\130307m.docx Page 4 of 12 Judith Johnson addressed the Council and said that some people living along Fountain Hills Boulevard and up onto Emerald Drive have concerns about the speed limit at the top of the wash where the Botanical Garden is located. She noted that the speed limit is posted at 35 M.P.H. and at the bottom of the hill where Emerald Drive comes into Fountain Hills Boulevard the speed becomes 45 M.P.H. She said that she spoke on this issue a few years ago and her remarks resulted in the Town researching the situation and the Town Manager at that time and someone from the Engineering Department took on the issue and conducted a study. She reported that the research showed that the average medium speed on the hill was 67 M.P.H. despite it being posted as 35 and 45. She advised that she has talked to some of the Councilmembers about this issue over the last couple of years and noted that between King stree and Inca there is a four-way stop and there have been accidents at that location. She advised that this situation became even more critical during the recent hail storm when people lost control of their vehicles. Some of the vehicles damaged property, and destroyed plantings. She commented on the increase in truck traffic on the roads and asked the Council to look into this situation and to lower the speed limit to 35 M.P.H. Mayor Kavanagh thanked Ms. Johnson for her input and said that the situation will be looked into. Eugene Slechta addressed the Council and said that the Chamber has had another great and successful Fair and the estimates that he has seen show that approximately 250,000 visitors attended this event. He said that in comparing other events he has noticed that many of them charge admission fees in amounts ranging from $3.00 to $8.00 and asked why the Town doesn't consider charging a fee. He noted that this would be a significant revenue generator and added that the Chamber reports that over 400,000 visitors attend the two Town-held fairs and pointed out that a $5.00 admission fee would generate $2 million for the Town. He stated that although attendance may drop to some degree the monies generated would more than make up for that and said that even if they charged $1.00 per person that would generate $400,000 per year. He said that it would be necessary to spend money to erect fencing and pay for tickets, etc. but again the potential revenue that would be generated would make this expense worthwhile. He discussed other benefits and ideas associated with charging a fee and requested that the Council consider this proposal and have staff look into it and provide the Council with an analysis of his proposal. Mayor Kavanagh thanked Mr. Slechta for his comments. (Councilmember Dickey left the dais at 8:15 p.m. and returned at 8:17 p.m.) CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM FEBRUARY 12 and 21, 2013. AGENDA ITEM #2 – CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY VALERIE ANN STASIK, REPRESENTING THE FOUNTAIN HILLS THEATER, INC., FOR THE PURPOSE OF A FUND RAISER TO BE HELD AT 13001 N. LA MONTANA DRIVE, ON SUNDAY, MARCH 24, 2013, FROM 5:00 PM TO 11:00 PM. AGENDA ITEM #3 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY ROBERT D. SCHMITZ REPRESENTING THE AMERICAN LEGION POST 58 LOCATED AT 16837 E. PARKVIEW, FOUNTAIN HILLS, AZ FOR THE PURPOSE OF A FUND RAISER. EVENT TO BE HELD AT 16837 E. PARKVIEW, SCHEDULED TO BE HELD ON SATURDAY, MARCH 23, 2013, FROM 9:00 AM TO 10:00 PM. AGENDA ITEM #4 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY ROBERT D. SCHMITZ REPRESENTING THE AMERICAN LEGION POST 58 LOCATED AT 16837 E. PARKVIEW, FOUNTAIN HILLS, AZ FOR THE PURPOSE OF A FUND RAISR. EVENT TO BE HELD AT 16837 E. PARKVIEW, SCHEDULED TO BE HELD ON SUNDAY, MARCH 17, 2013, FROM 9:00 AM TO 12:00 PM. AGENDA ITEM #5 - CONSIDERATION OF APPROVING A WINE FESTIVAL LICENSE/WINE FAIR LICENSE APPLICATION SUBMITTED BY DUBROUKA GEORGIA WAHL, REPRESENTING THE OAK z:\council packets\2013\r130321\130307m.docx Page 5 of 12 CREEK VINEYARDS & WINERY, FOR PARTICIPATION IN THE THUNDERBIRD ARTIST'S ANNUAL FOUNTAIN HILLS' FINE ART AND WINE AFFAIRE, TO BE HELD AT 16810 E. AVENUE OF THE FOUNTAINS, WHICH IS SCHEDULED FOR FRIDAY AND SATURDAY, MARCH 15 AND 16, 2013, FROM 10:00 AM TO 6:00 PM AND SUNDAY, MARCH 17, 2013, FROM 10:00 AM TO 5:00 PM. AGENDA ITEM #6 - CONSIDERATION OF APPROVING A WINE FESTIVAL LICENSE/WINE FAIR LICENSE APPLICATION SUBMITTED BY KAREN ANNE ZEMPER, REPRESENTING ZEMPER RESERVE LLC DBA STUDIO VINO, FOR PARTICIPATION IN THE THUNDERBIRD ARTIST'S ANNUAL FOUNTAIN HILLS' FINE ART AND WINE AFFAIRE TO BE HELD AT 16810 E. AVENUE OF THE FOUNTAINS, WHICH IS SCHEDULED FOR FRIDAY, SATURDAY AND SUNDAY, MARCH 15, 16 AND 17, 2013, FROM 10:00 AM TO 6:00 PM. AGENDA ITEM #7 - CONSIDERATION OF AUTHORIZING THE TOWN MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT, AS DIRECTED IN THE PAVEMENT MANAGEMENT RESOLUTION 2013-02, BETWEEN CACTUS ASPHALT AND THE TOWN OF FOUNTAIN HILLS TO PIGGYBACK ON THE ADOT CONTRACT FOR CRACK SEALING IN AN AMOUNT NOT TO EXCEED $125,000.00. AGENDA ITEM #8 - CONSIDERATIONOF AUTHORIZING THE TOWN MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT, AS DIRECTED IN THE PAVEMENT MANAGEMENT RESOLUTION 2013-02, BETWEEN NESBITT CONTRACTING CO., INC. AND THE TOWN OF FOUNTAIN HILLS TO PIGGYBACK ON THE CITY OF SCOTTSDALE CONTRACT FOR ASPHALT REPLACEMENT AND MISCELLANEOUS WORK IN AN AMOUNT NOT TO EXCEED $155,000.00. AGENDA ITEM #9 - CONSIDERATION OF AUTHORIZING THE TOWN MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT, AS DIRECTED IN THE PAVEMENT MANAGEMENT RESOLUTION 2013-02, BETWEEN SOUTHWEST SLURRY SEAL, INC. AND THE TOWN OF FOUNTAIN HILLS TO PIGGYBACK ON THE CITY OF SCOTTSDALE CONTRACT FOR SLURRY SEAL IN AN AMOUNT NOT TO EXCEED $570,000.00. AGENDA ITEM #10 - CONSIDERATION OF AUTHORIZING THE TOWN MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT, AS DIRECTED IN THE PAVEMENT MANAGEMENT RESOLUTION 2013-02, BETWEEN PAVEMENT MARKETING, INC. AND THE TOWN OF FOUNTAIN HILLS TO PIGGYBACK ON THE YUMA COUNTY CONTRACT FOR PAVEMENT MARKINGS IN AN AMOUNT NOT TO EXCEED $17,750.00. AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 2013-12, AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR REGIONAL EMERGENCY OPERATIONS MANAGEMENT AND DISASTER SERVICES. Councilmember Dickey said that rather than remove something from the Consent Agenda, she would abstain from voting on it due to a potential conflict of interest (Consent Item #2). Councilmember Yates MOVED to approve the Consent Agenda as listed and Vice Mayor Elkie SECONDED the motion. Town Clerk Bevelyn Bender advised that there were no citizens wishing to speak on this agenda item. A roll call vote was taken as follows: Councilmember Dickey Abstain (Absent for the Vote due to declared Conflict of Interest) Vice Mayor Elkie Aye Councilmember Leger Aye Councilmember Hansen Aye Councilmember Yates Aye Councilmember Brown Aye Mayor Kavanagh Aye The motion CARRIED UNANIMOUSLY by those voting (6-0). z:\council packets\2013\r130321\130307m.docx Page 6 of 12 REGULAR AGENDA AGENDA ITEM #12 - CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE TOWN PROSECUTOR POSITION. Town Manager Ken Buchanan addressed the Council relative to this agenda item and said that one of the Operational Priorities established by the Town Council is to evaluate the Town Prosecutor's position. He noted that there have been ongoing discussions regarding prosecutorial services being accomplished with less expensive models or services. He said that the current model of outsourcing prosecutorial services is a proven and successful model. He added that one way to resolve this issue is to call for a Request for Proposals (RFP) to determine if prosecutorial services provided today can be accomplished at the same quality level in a more economical way. He advised that staff is seeking direction as to whether to stay the course or issue an RFP. Mayor Kavanagh thanked Mr. Buchanan for his presentation. Town Clerk Bev Bender advised that two citizens wished to speak on this agenda item. Chester Yon, an attorney who practices in Town, addressed the Council and said that he was a former Prosecutor in Minnesota for a number of years and knows what the job entails. He stated that since practicing law in Town (beginning in 1989) he has visited the Court numerous times and even though they work on different sides, he has always found the Town's Prosecution team to be extremely professional, very fair and honest and they always respon d promptly when materials are requested. He said that the old saying about if it's not broke, don't fix it pertains to this situation. He added that he hopes to continue practicing with Mark Iacovino. Alan Spragins addressed the Council and advised that he too is a long time attorney in Fountain Hills and provided brief background information on his extensive experience in his field. He said that he has dealt with a lot of Prosecutors in his 17 years and the Prosecution that serves the Town is very professional, easy to work with (he can get more done in a telephone conversation with the current Town Prosecutor or his assistant than he can get done working with many other Prosecutors). He stated that he believes the current Prosecutor is doing a fine job and would like the Council to stay the course and not make any many changes. He added that the Town is getting a good return on their investment. Mayor Kavanagh thanked both speakers for their input. Vice Mayor Elkie MOVED to provide the Town Prosecutor two weeks to propose a Prosecution Services Agreement for Fiscal Year 2013-14 for Council's consideration that outlines the scope of work, accountability measures and an itemized billing format that the Council can consider and Councilmember Brown SECONDED the motion. The Mayor advised that the Council had received quite a few letters regarding this issue as well indicating support for the Town's current Prosecutor. Councilmember Hansen stated that she is looking forward to receiving Mark's proposal. Vice Mayor Elkie said that this is something that he has brought to the Council's attention over the past two years. He agreed with the comments presented by both of the speakers and added that in working with Mark he has been nothing but a true gentleman and probably one of the best and easiest Prosecutors to work with from a defense standpoint in Maricopa County. He stressed that the fact that he has brought this issue up twice over the past two years but it has nothing to do with Mark Iacovino -- and noted that he has spoken with Mr. Iacovino directly about this and they have an understanding with each other. He advised that the issue for him has been based on his knowledge of the market and what is available and his opinion what that there would be potential savings realized if this was put out as an RFP. He added that he has no doubt in his mind about this and he would hope that Mr. Iacovino would concur with this. He said that he believes the Town would receive a number of bids and some responders would "low ball" it. He stated that he certainly would like Mr. Iacovino to remain in Town and reiterated that the sole reason he brought this up was from a financial standpoint and services as well. He added that he would like to see some additional services provided and would also like to have a contract with the Town's Prosecutor with measurabilities. He stressed the importance of z:\council packets\2013\r130321\130307m.docx Page 7 of 12 accountability, return on investment and scrutinizing all contracts that the Town enters into. He said that he looks forward to seeing what Mr. Iacovino brings forward. Councilmember Yates commented that during Work Study Sessions, ideas were thrown out about this issue and he asked if someone is going to share the Council's views and opinions that were expressed with Mr. Iacovino. Mr. Buchanan responded that he and Mr. Iacovino will be working together on the Scope of Services. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #13 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW AT&T WIRELESS COMMUNICATIONS TO RAISE THE EXISTING CHURCH TOWER HEIGHT FROM 36' TO 51' IN ORDER TO INSTALL COMMUNICATIONS ANTENNAS WITHIN THE TOWER STRUCTURE. THE PROPERTY IS ZONED R-4. (CASE #SU 2012-01) Mayor Kavanagh declared the Public Hearing open at 8:29 p.m. Senior Planner Bob Rodgers reviewed the Staff Report and highlighted a brief presentation relative to this agenda item. He stated that Clear Blue Services, on behalf of AT&T Mobility, proposes to install antenna arrays within the Presbyterian Church bell tower located at 13001 N. Fountain Hills Boulevard. He said that installation will also include attendant ground mounted equipment and noted that the proposed increases the existing 36 -foot tall tower's height an additional 15 feet to a total of 51-feet tall. He provided additional information relative to this proposal and informed the Council that the Planning & Zoning Commission voted unanimously at their February 14, 2013 regular meeting to recommend approval of the proposed tower subject to the stipulations recommended by staff. He added that staff recommends that the Council approve the proposed Special Use Permit to allow the construction of a 51 -foot bell tower housing cellular antenna arrays at 13001 N. Fountain Hills Boulevard subject the stipulations contained in the Staff Report. (Copies of the Staff Report and presentation are available on line and in the office of the Town Clerk.) Mr. Rodgers indicated his willingness to respond to questions from the Council. Mayor Kavanagh thanked Mr. Rodgers for his presentation and asked if any complaints were received during the Commission Meeting that was held on this proposal. Mr. Rodgers responded that no complaints were received and the Mayor advised that she had received one that pertained to lighting -- the resident is concerned that the tower is going to be lit and interfere with the Dark Skies. Mr. Rodgers advised that there are currently no lights on the tower and none are being proposed for the tower. He added that lights would be in the ground-mounted area by the plant in the event some lighting is needed for some purpose. In response to a request from the Vice Mayor, two representatives representing Clear Blue Services came forward to respond to questions. Vice Mayor Elkie asked the representatives to explain the purpose of expanding the height of the tower (the need and the return). One of the representatives, Project Manager Dana Bedney, explained that there is gap in coverage in this particular area and in order to fill that gap they need this to occur. Vice Mayor Elkie asked if there are any other sites that could potentially fill that gap and the other representative, Bob Zimmerman, explained that they looked at five different sites and using this particular site eliminates the need to add an additional tower site. He explained that the topography at this location is perfect and other sites would not have met their needs. The Vice Mayor asked if there will be a need in the future to go beyond what they are requesting at this t ime and Mr. Zimmerman responded "not at this site" but there probably will be additional locations required as the needs of the community increase. z:\council packets\2013\r130321\130307m.docx Page 8 of 12 Mayor Kavanagh noted that the materials in the Council's packets contain information relative to the covera ge. There were no citizens wishing to speak on this agenda item. Mayor Kavanagh declared the Public Hearing closed at 8:35 p.m. AGENDA ITEM #14 - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW AT&T WIRELESS COMMUNICATIONS TO RAISE THE EXISTING CHURCH TOWER HEIGHT FROM 36' TO 51' IN ORDER TO INSTALL COMMUNICATIONS ANTENNAS WITHIN THE TOWER STRUCTURE. THE PROPERTY IS ZONED R-4. (CASE #SU 2012-01) Councilmember Dickey MOVED to approve the proposed Special Use Permit to allow a 51' tall church bell tower with internal antenna arrays and associated ground-mounted equipment at 13001 N. Fountain Hills Boulevard, subject to the stipulations contained in the Staff Report and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #15 - CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF TO INITIATE A ZONING ORDINANCE AMENDMENT PERMITTING A MOVIE THEATER AS A PERMITTED USE WITHIN THE C1 ZONING DISTRICT. THIS ITEM WAS ADDED AT THE REQUEST OF VICE MAYOR ELKIE AND COUNCILMEMBERS BROWN AND YATES. Councilmember Yates discussed this agenda item and explained that several years ago he was Co -Chair of the General Plan Amendment committee and a movie theater was listed specifically as something the Town might want to do. He said that it is a retail operation and it seems to make sense to include that as an additional use within the C1 District. He added that he believes there are five possible sites and said that Mr. Rodgers will provide information on that aspect (two on Shea and three other possible sites). He noted that there is no specific project or developer at this point in time -- but after speaking with some other land owners in Town that have C1 properties about land uses, it was determined that C1 was omitted and that C1 seems to make sense for this type of operation (including it as an additional use). Councilmember Leger requested that Mr. Rodgers display the map of the C1 areas they are addressing this evening for the benefit of the public. He also asked what the permitted uses in C1 are currently and why movie theaters were excluded. Mr. Rodgers advised that the uses include general neighborhood commercial, light retail, office -- general uses that are neighborhood related. Councilmember Leger questioned whether theaters were eliminated due to the proximity to residential development and Mr. Rodgers said probably. Councilmember Leger referred to the map that was displayed in the Council Chambers and requested that Mr. Rodgers explain where those areas (orange areas on map) are located. (Copy of the map available on line and in the office of the Town Clerk.) Mr. Rodgers complied with Councilmember Leger's requested and reviewed the map and C1 locations. Councilmember Dickey asked whether this is something that would have to go to Planning & Zoning and Mr. Rodgers responded that it would. Councilmember Hansen said that in looking at the identified areas, there doesn't seem to be any that would be able to handle a theater, they all seem pretty small. She added that perhaps the Fry's site would be the only one. Mr. Rodgers provided examples and stated that the vacant lot behind McDonalds is five acres in size, the vacant lot that is a little bit down Shea by Chase Bank across the street from Monterrey is also five a cres in size and the vacant lot at the beginning of the Ellman Property is about eleven to twelve acres in size. He added that he is not sure how large a site would have to be for a theater. z:\council packets\2013\r130321\130307m.docx Page 9 of 12 Councilmember Hansen commented that they are talking about a pretty big box and certainly on Monterrey that would be next to residential. She explained that she is trying to find out where a comfortable fit would be for a theater in the identified C1 areas. Mayor Kavanagh stated that if someone came in with a prop osal they would obviously have to design their project to fit on the selected site. Councilmember Yates concurred with the Mayor's statement and added that they obviously could not put a 14 or 16 screen theatre on a five-acre site. He said this would give another option for a developer to choose to put in a smaller theater with perhaps 6 to 8 screens in order to fit the site. He noted that fast food , full-service restaurants and several other components are allowed in the C1 District and as far as the discussion about what type of development they would like to see and what would be more traffic friendly, those uses generate far more traffic than a movie theater that has shows every two hours or so. He reiterated that there is no project on the table but through discussions with some developers, and they have spoken with some of the land owners, they indicated that this might be something to consider. He confirmed that he is not saying that they should have a movie theater in all of the identified areas. The Mayor said that she believes Councilmember Yates is saying that if they change the zoning, and then if a developer who wants to construct a small movie theater does approach the Town, they will have the option to find a suitable location. Councilmember Yates agreed with the Mayor's summation. Councilmember Leger asked whether what they would be doing is changing the permitted uses or the zoning and Mr. Buchanan confirmed that the Council would be changing the permitted uses. Councilmember Leger commented that since this has to go to Planning & Zoning he would like to know what the Town Manager is looking for at this point in time. Mr. Buchanan replied that staff is looking for direction from the Council as to whether or not to take this to Planning & Zoning for consideration and recommendations. There were no citizens wishing to speak on this agenda item. Councilmember Yates MOVED to request that Planning & Zoning look at the proposal to add movie theaters as a permitted use under C1 Zoning and Councilmember Brown SECONDED the motion, which CARRIED by majority vote with Vice Mayor Elkie abstaining (7-0). AGENDA ITEM #16 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM INCLUDED IN THE LEAGUE OF ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. Town Manager Ken Buchanan addressed the Council relative to this agenda item and the Council discussed the following points of Legislative interest: *Transaction Privilege Tax (TPT) Mayor Kavanagh has been working with the other East Valley Mayors on this critical piece of legislation. He said that he believes there is another meeting tomorrow with the powers to be on moving that along and defending the Town's position. Mayor Kavanagh confirmed that there is a meeting tomorrow at the Capitol to work out not only the TPT but also the auditing portion. She thanked Deputy Town Manager/Finance Director Julie Ghetti for her assistance. She stated that thanks to her, she has a lot of important ammunition and she believes the other Mayor's do as well. She noted that it is important for them to be a united front and noted that it was just not the smaller cities and towns who are protesting this and that she believes they are going to get some valuable concessions. She also expressed appreciation to State Representative John Kavanagh and explained that this passed out of the Ways & Means Committee and it went into the Appropriations Committee and that is where he stopped it and said that they have to sit down with the cities and z:\council packets\2013\r130321\130307m.docx Page 10 of 12 towns and their Mayors and have a discussion on this because they have a lot of questions that are not being answered. She added that that is the reason they had the meeting last Friday and are having the meeting tomorrow morning -- otherwise, they would not have been granted this kind of audience with the legislators and the senators and those higher up in the Governor's office. *Councilmember Dickey referred to SB 1470 - The Dedicated Property Tax legislation and noted that it passed out the Senate. She stressed the importance of learning whether any amendments are made to this piece of legislation. She said that they talk about unintended consequences all the time. She added that if having a Public Safety District is going to mean getting less State Shared Revenues and they are going to be told what kind of police or fire to hire then that would be a huge problem. She said that it looks great right now and commented that Paradise Valley had brought this forward. She said that if there is something that the Council should be made aware of she would like that done as quickly as possible. Town Attorney David Pennartz advised that in several communities around the State ther e are dedicated Public Safety Districts but generally a sales tax or construction sales tax is the path and that doesn't count against the Town's annual budget tax levy and things of that nature. He said that he hasn't been involved closely with this but is aware of those issues. He added that a dedicated property tax would make this a different animal than what they have traditionally seen over the last 20 years Councilmember Dickey noted that the League is neutral on this issue. *Councilmember Dickey also referred to HB 2554 - Guns in Public Buildings - and said it was held in Rules today and the League opposes it. She added she was wondering whether Mr. Pennartz or Mr. Buchanan could explain the ramifications of this on the Town and the School District as far as enforcing it one way or the other. Mr. Buchanan stated that he is familiar with this legislation and is watching it. He acknowledged that he didn't know that it was held today. Mayor Kavanagh advised that she has looked into this legislation because they were informed that they have a "No Guns" sign on their windows but yet according to the law they are supposed to have lockers. She noted that that law is already in place and in the current legislation there is one provision that says if they have two buildings that are within 200 feet of each other they don't have to have two gun storage lockers, they can have one. She added that the bill also requires that the storage facility be located close to the entrance and information must be posted on the window explaining where people should go to check their guns into a locker. She said she believes there are also increased penalties and explained that if they do have security that is at the door and someone purposely avoids the security in order to bring their gun in (despite postings that say guns must be checked), she believes the fine is increased to a Class 1 Misdemeanor. (Councilmember Hansen left the dais at 8:50 p.m.) Councilmember Dickey referred to one of the provisions that talks about public events including those sponsored by a governmental entity and said that she doesn't know what the ramifications of that would be. She indicated her hope to receive clarification and further information regarding this. *Councilmember Dickey also discussed SB 1403 - UN Rio Declaration - and advised that the League opposes this piece of legislation. She asked whether it has any chance of passing. Mr. Buchanan informed Councilmember Dickey that he is not familiar with this particular bill. Councilmember Dickey advised that it has ramifications for the Town and the School District. Mayor Kavanagh referred to Councilmember Dickey's remarks about public events and said that she knows that the Chamber was down at the Legislature and she is very sure that Frank Ferrara brought the Town and School District's concerns to their attention. AGENDA ITEM #17 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN BUCHANAN. z:\council packets\2013\r130321\130307m.docx Page 11 of 12 Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council. A. None. AGENDA ITEM #18 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER KEN BUCHANAN. None. AGENDA ITEM #19 - ADJOURNMENT Councilmember Brown MOVED to adjourn the meeting and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). The meeting adjourned at 8:55 p.m. EXECUTIVE SESSION  CALL TO ORDER Mayor Kavanagh called the Executive Session to order in the Fountain Hills Conference Room - 2nd Floor at 9:08 p.m. AGENDA ITEM #1 – ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. §38-431.03(A)(1), DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT, WITH THE EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT THE DIS CUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING (SPECIFICALLY, THE TOWN MANAGER'S EVALUATION.) ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor Kavanagh, Councilmember Yates, Councilmember Leger, Councilmember Hansen, Councilmember Brown, Vice Mayor Elkie and Councilmember Dickey. Town Attorney David Pennartz was also present. Mayor Kavanagh MOVED to enter into the Executive Session at 9:08 p.m. and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). Town Manager Kenneth W. Buchanan entered the Executive Session at 9:35 p.m. AGENDA ITEM #2 – ADJOURNMENT. Without objection, the Executive Session was adjourned at 9:47 p.m. z:\council packets\2013\r130321\130307m.docx Page 12 of 12 TOWN OF FOUNTAIN HILLS By _______________________________ Linda M. Kavanagh, Mayor ATTEST AND PREPARED BY: ______________________________ Bevelyn J. Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Sessions held by the Town Council of Fountain Hills in the Town Hall Council Chambers (Regular) and in the Town Hall Fountain Conference Room - 2nd floor (Executive) on the 7th day of March, 2013. I further certify that the meetings were duly called and that quorums were present. DATED this 21st day of March, 2013. ____________________________________ Bevelyn J. Bender, Town Clerk