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HomeMy WebLinkAbout2023.0209.TCSM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL February 9, 2023 A Special Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 5:30 p.m. Members Present: Mayor Ginny Dickey; Councilmember Sharron Grzybowski; Councilmember Gerry Friedel; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn Members Attended Telephonically: Vice Mayor Peggy McMahon Staff Present: Town Manager Grady E. Miller; Town Clerk Linda Mendenhall Staff Attended Telephonically: Town Attorney Aaron D. Arnson Audience: Approximately six members of the public were present. TOWN OF FOUNTAIN HILLS Page 1 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES Post -Production File Town of Fountain Hills Town Council Meeting Minutes February 9, 2023 Transcription Provided By: eScribers, LLC Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. Page 1 of 9 TOWN OF FOUNTAIN HILLS Page 2 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES MAYOR DICKEY: I call this special meeting to order. Welcome. Could we get a roll call, please? MENDENHALL: Yes, Mayor. Councilmember Toth? TOTH: Here. MENDENHALL: Councilmember Grzybowski. GRZYBOWSKI: Present. MENDENHALL. Councilmember Friedel. FRIEDEL- Present. MENDENHALL: Councilmember Kalivianakis. KALIVIANAKIS: Here. MENDENHALL: Councilmember Skillicom. SKILLICORN: Here. MENDENHALL: Vice Mayor McMahon. MCMAHON: Here. MENDENHALL: Mayor Dickey. MAYOR DICKEY: Here. Thank you, Linda. Grady, do you want to start us off? MILLER: I thought our attorney was going to do this. John, are you -- ARNSON: I'm on. Sony, everybody. I'm on. MILLER: Okay. Yeah, we didn't know you were on. We had talked. And since this was written by our attorney, I'm going to turn it over to our town attorney, who will basically give the staff report on this. ARNSON: Sure thing. Can everybody hear me all right on that end? MAYOR DICKEY: Yes, we can hear you. ARNSON: Okay. Thank you. Good evening, Mayor and Council. I'm with you here telephonically, obviously. This evening tonight is consideration by the council of some or all of previously rescinded sections of the town zoning code, Section 6, which has to do with sign regulations, and then Resolution 2012-31. Page 2 of 9 TOWN OF FOUNTAIN HILLS Page 3 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES The council will recall that, at the January 3rd, 2023, meeting, a majority of the council voted to rescind those provisions that I just referenced. Following that, there's been some discussion back and forth, including an executive session that was held on Tuesday night, pursuant to the open meeting law. And we -- staff received direction following that to -- or in that meeting to notice this meeting for discussion and consideration of the item before you. Again, this is a decision of the council for consideration and discussion. And I will leave it at that, absent any questions for me. MAYOR DICKEY: Thank you. Any questions -- MCMAHON: I do, yes, yes. MAYOR DICKEY: -- for Aaron? MCMAHON: Yes, yes. Um -hum. MAYOR DICKEY: Yes, Vice Mayor. MCMAHON: Aaron, it's my understanding that the -- that there was a repeal of the sign -- the Fountain Hills sign ordinance. And -- ARNSON: Yes, that was -- MCMAHON: -- this is what we're reinstating. ARNSON: -- the act. It was -- yeah, some portion -- significant portions of that sign ordinance. Yes, Mayor and Vice Mayor. MCMAHON: Right. So wouldn't it be safe to reinstate the whole thing and then just say something to the -- with the exception that 6.07 and 6.08 will temporarily not be enforced? ARNSON: Well, that -- the recommendation -- or excuse me, the direction from the council that we received was to bring these items back for reinstatement. And it's up to the council for consideration. Respectfully, Mayor and Vice Mayor, I've provided my recom -- my legal recommendation and advice in executive session. And so I'd prefer to not have further legal discussions about it. But I think it would behoove -- MCMAHON: Okay. ARNSON: -- the council to consider reinstatement, yes. MCMAHON: Okay. Page 3 of 9 TOWN OF FOUNTAIN HILLS Page 4 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES MAYOR DICKEY: Thank you. MCMAHON: Thank you. MAYOR DICKEY: Any further discussion or questions? Okay. Anybody -- oh, go ahead. Yes, Councilwoman. KALIVIANAKIS: Thank you. MAYOR DICKEY: Oh, yeah, put your mic on, please. Sony. Okay. KALIVIANAKIS: Thank you. Regarding the reinstatement, the problem that I had from this from the beginning was not Section 6.07, but 6.08, which were the temporary signs, which we actually addressed this week in a town council meeting on Tuesday. I think the crux of my problem -- and the reason that I voted to repeal in the first place -- was the restrictions to our businessowners and to our realtors regarding this section of the ordinance. What I'd like to do is reinstate this ordinance and carve out an exception for the businessowners and for the realtors. On the other hand, I think the laws will prevent us from doing a content neutral or singling out anybody. So what I'd like to do is -- MCMAHON: Right. KALIVIANAKIS: -- is restrict the -- and suspend the enforcement of 6.08, temporarily, until we revise this Section 6.08 through amendment, through the town retreat that we're going to be attending and to give direction to John Wesley (ph.) before that. So then we can discuss it at the town retreat the revisions that we'd like to see go in place. It could back to planning and zoning, and then -- we could then revisit it as a town council with all those provisions sorted out. But what I'd like to do, though, is make sure that we allow for the restricted enforcement. We actually enforce the whole thing, but if you go to Section 6.02, A frame or T-frame signs -- meaning, self-sustaining, temporary, lightweight, portal signs made of durable, nonpliant material such as wood, sheet metal, or plastic, the design to (indiscernible) without penetrating ground -- I would like these to not be enforced, but to enforce the rest of the code, which would be banded signs, rogue signs, or any other signs that you might see popping up right now. Page of TOWN OF FOUNTAIN HILLS Page 5 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES 1 think that'd be a way to keep -- help our businessowners, help our realtors, restore the sign ordinance in its entirety, including the sections on political speech, and then revisit this through the amendment process, through a (indiscernible) process, the planning and zoning process, and then to bring it back here with the amendments. MCMAHON: This is Vice Mayor. MAYOR DICKEY: Excuse me. Just let me try to -- make sure 1 understand. KALIVIANAKIS: Yeah. MAYOR DICKEY: So we would be reinstating Zoning Ordinance 6.07 and 6.08 subject to a temporary stay of enforcement of regulations related to temporary signs, except for the material that they're made out of -- KALIVIANAKIS: Right. MAYOR DICKEY: -- to make sure that that part is enforced. But everything else is temporarily -- doesn't have to be enforced until we do all those things at the retreat and such. KALIVIANAKIS: Yes. MAYOR DICKEY: Correct? Okay. MCMAHON: Correct. MAYOR DICKEY: Okay. MCMAHON: That was my understanding. MAYOR DICKEY: Thank you, Vice Mayor. I see confusion. Sharron. GRZYBOWSKI: No. Actually, you satisfied my confusion. I'm much better now. The confusion, I think, was still left over from Brenda talking, so you helped me understand. Sorry, Brenda, but I need it in nonlawyer terms. Sorry, love. MCMAHON: Yeah. So -- MCMAHON: Does someone want to make a motion? MAYOR DICKEY: Yeah. Do you want to make sure that you incorporate what we were --just said, or do you want -- MCMAHON: Yes. Yes. Well, I'll make a motion to incorporate what Ginny said and as to reinforcement of the sign ordinance in accordance with Mayor Dickey said. Page 5 of 9 TOWN OF FOUNTAIN HILLS Page 6 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES MILLER: Do you know about the speaker card? MAYOR DICKEY: I'm sorry? Oh, I'm sor -- I'm so sorry. MILLER: Yeah. Before the vote, 1-- there's, 1 think, a speaker card. MAYOR DICKEY: Oh, there's a speaker card? Oh, I'm sorry about that. Yeah, Vice Mayor, we have a speaker card here we're going to listen to. Thanks. MENDENHALL: Paul Hickman. HICKMAN: Good evening, councilors. No problem. Just real quickly. I'm Paul Hickman with Clear Channel Outdoor, one of the largest billboard companies in the United States. And we just have a couple quick questions. if you can't answer them tonight, we understand. First and foremost, has anybody applied for any signage of any type since the ordinance was repealed? Okay. MILLER: John, do you want to come up and -- it would actually come from our Development Services Department. And so John, I believe the question is, from the gentleman, has there been an application received yet -- did you say for a billboard'? HICKMAN: For any type of signage, including a billboard. MILLER: For any? HICKMAN: Any type. WESLEY: Mayor and Council -- HICKMAN: In the last 34 days. WESLEY: I'm not aware of any, but I would have to -- to know for sure, I would have to go back and check, because those don't come directly to me. They're reviewed by other staff members, so they could have had one. But I'm not aware of it. MAYOR DICKEY: Okay. Thank you. HICKMAN: And then the other thing we would like to share, if this is going to go under text amendment review, that there is a stakeholders' meeting if it's going to involve (indiscernible) signage, billboards, that the industries invited and is involved and is not singled out. But everybody should be here at the table. And I would encourage you, out of an abundance of caution, these last 34 days of being Page 6of9 TOWN OF FOUNTAIN HILLS Page 7 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES open, not protected, you should close it back up. MAYOR DICKEY: And we will be going through the P&Z process and then back to council. So we will be doing that. Thank you. Any -- I'm sorry. So we do have a motion on the table. Did you -- do you -- well, Aaron -- Aaron, do you understand the motion? ARNSON: I'm going to repeat it -- I'm going to repeat it back to make sure that I did, Mayor. And -- MAYOR DICKEY: Thank you. ARNSON: -- if anything gets lost in translation, you're welcome -- MAYOR DICKEY: Okay. ARNSON: My understanding is that the motion is to reinstate Sections 6.07, 6.08 of the Zoning Ordinance and Resolution 2012-31, with a temporary stay of enforcement of temporary sign regulations. And then there were some provisions about enforcement of materials that signs are made front I didn't catch all of them, but I'll look for head nods to the extent Director Wesley recalls exactly which provisions were noted. Did I state the motion correctly? MCMAHON: Yes. MAYOR DICKEY: It seems like you did. Brenda? MCMAHON: Yes. KALIVIANAKIS: Well, I think we were not going to enforce for the temporary, lightweight, portable, durable, nonpliant signs. That would be the nonenforcement. Everything else would be enforced, as long as that's what he said. ARNSON: Oh, okay. KALIVIANAKIS: Yeah, I think it was the opposite. MAYOR DICKEY: Oh. Except then that would enforce placement and stuff. Do you want to do that? KALIVIANAKIS: I -- ARNSON: I think were going to want to stay -- if I may, I think we're going to want to stay enforcement of the provisions related to temporary signs. So whether they're with Page 7 of 9 TOWN OF FOUNTAIN HILLS Page 8 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES respect to the materials that they're made out of or where they're placed, I think that's what the council was after. But if I'm wrong, please-- I'll stand corrected. KALIVIANAKIS: Well, were amending that. MCMAHON: This is Vice Mayor. And that was part of my motion. You understood it correctly, Aaron. MAYOR DICKEY: Okay. Is that all right then? KALIVIANAKIS: Yeah, I think were good. MAYOR DICKEY: Okay. KALIVIANAKIS: I'll second. MAYOR DICKEY: Thank you. MCMAHON: Do you have a second? MAYOR DICKEY: Yeah, there was a second. All those in favor -- let's do a roll call, because we're going to do that for the minutes, I think, from now on. So might as well get used to it. Roll call vote. MENDENHALL: Councilmember Toth. TOTH: No. MENDENHALL: Councilmember Grzybowski. GRZYBOWSKI: Yes. MENDENHALL: Councilmember Freidel. FRIEDEL: No. MENDENHALL: Councilmember Kalivianakis. KALIVIANAKIS: Yes. MENDENHALL: Councilmember Skillicorn. SKILLICORN: Yes. MENDENHALL: Vice Mayor McMahon. MCMAHON: Yes. MENDENHALL: Mayor Dickey. MAYOR DICKEY: Aye. MENDENHALL Okay. The ayes have it. MAYOR DICKEY: The motion passes. Page of TOWN OF FOUNTAIN HILLS Page 9 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES MENDENHALL: Passes. MAYOR DICKEY: I want to get used to doing this, too, because I've heard from people that they don't always hear what's happening. So it's four to two, correct? MENDENHALL: Correct. MAYOR DICKEY: Okay. Thank you. All right. I'm sorry? Five to two. Yes. I'm sorry. She's not here, but she's on the phone. Sony about that. I'm all discombob -- I'm all discombobulated tonight. All right. Then I think that's it for the good of the order. We can adjourn? Thank you. MCMAHON: Thank you, everybody. Bye. Page 9 of 9 Having no further business, Mayor Ginny Dickey adjourned the Special Meeting of the Fountain Hills Town Council held on February 9, 2023, at 5:43 p.m. ATTEST AND PREPARED BY: TOWN OF FOUNTAIN HILLS r Gin Dickry, Mayor Linda G. Nlen denhall, T��`n..c"� Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 9'h day of February 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this }2(115''/Day of March 2023. Linda G. Mendenhall, Town Clerk