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HomeMy WebLinkAbout2018.0904.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 4, 2018
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 5:35 p.m. in the Fountain Hills Town Hall Council
Chambers.
2. INVOCATION — Pastor Todd Forrest, Fountain Hills Christian Center
3. ROLL CALL — Mayor Linda M. Kavanagh requested a roll call.
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice
Mayor Dennis Brown, Councilmember Henry Leger, Councilmember Art Tolis, Councilmember Alan
Magazine, and Councilmember Nick DePorter; members absent: none.
Others present: Town Manager Grady E. Miller; Interim Town Attorney Mitesh Patel, Dickinson
Wright Law Firm; and Town Clerk Elizabeth A. Burke.
4. MAYOR'S REPORT.
Mayor Kavanagh introduced new Town Clerk Elizabeth (Liz) Burke and proceeded to read a
proclamation declaring September 17 — 23, 2018, as Constitution Week in the Town of
Fountain Hills (copy available in the office of the Town Clerk and Town website).
5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS.
A. The Mayor and/or Council may review RECENT EVENTS attended relating to Economic
Development.
None.
B. CALL TO THE PUBLIC
Mayor Kavanagh asked if there were any speaker cards and Town Clerk Burke answered no
speaker cards had been received.
C. CONSENT AGENDA
A. APPROVAL OF MINUTES OF THE REGULAR MEETING OF JUNE 19, 2018, AND THE
SPECIAL MEETING OF JUNE 26, 2018.
B. CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION FOR THE FOUNTAIN HILLS THEATER (WALTER MORLOCK) FOR A
FUNDRAISER TO BE HELD AT THE FOUNTAIN HILLS THEATER LOCATED AT 11445
NORTH SAGUARO BOULEVARD, FROM 3:00 PM TO 12:00 AM ON FRIDAY, OCTOBER
12, 2018.
C. CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION FOR THE FOUNTAIN HILLS THEATER (WALTER MORLOCK) FOR A
FUNDRAISER TO BE HELD AT THE FOUNTAIN HILLS THEATER LOCATED AT 11445
NORTH SAGUARO BOULEVARD, FROM 3:00 PM TO 12:00 AM ON THURSDAY,
NOVEMBER 1, 2018.
FOUNTAIN HILLS TOWN COUNCIL
Regular Meeting of September 4, 2018 Page 2
D. CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION FOR THE SUNSET KIWANIS CLUB OF FOUNTAIN HILLS (MARGARET
ZIEFERT) FOR A FUNDRAISER TO BE HELD ALONG THE AVENUE OF THE
FOUNTAINS, IN CONJUNCTION WITH THE FOUNTAIN HILLS ART AND WINE
AFFAIRE, FROM 10:00 AM TO 5:00 PM DAILY, FRIDAY, MARCH 8, 2019 THROUGH
SUNDAY, MARCH 10, 2019.
E. CONSIDERATION OF APPROVING FOUR SPECIAL EVENT LIQUOR LICENSE
APPLICATIONS FOR THE FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM
AND HISTORICAL SOCIETY FOR THE PURPOSE OF FUNDRAISING DINNERS,
LOCATED AT 13001 N. LA MONTANA DRIVE, FROM 6:00 PM TO 9:00 PM ON
WEDNESDAY, OCTOBER 17, 2018, NOVEMBER 14, 2018, JANUARY 16, 2019, AND
FEBRUARY 20, 2018.
F. CONSIDERATION OF RESOLUTION 2018-35, ABANDONMENT OF A PORTION OF THE
HILLSIDE PROTECTION EASEMENT ON THE HILLTOP AT SUNRIDGE CANYON
SUBDIVISION, LOT 1, AS RECORDED IN BOOK 496, PAGE 49, RECORDS OF
MARICOPA COUNTY, ARIZONA. (EA 2018-05)
G. CONSIDERATION OF RESOLUTION 2018-42, ABANDONMENT OF THE 10' PUBLIC
UTILITY AND DRAINAGE EASEMENT ON PLAT 601-A, BLOCK 1, LOT 9 (15950 E.
SUNFLOWER DRIVE), AS RECORDED IN BOOK 161, PAGE 44, RECORDS OF
MARICOPA COUNTY, ARIZONA, WITH STIPULATION. (EA 2018-09)
H. CONSIDERATION OF RESOLUTION 2018-43, ABANDONMENT OF THE 10' PUBLIC
UTILITY AND DRAINAGE EASEMENT OF PLAT 505-B, BLOCK 1, LOT 53 (15642 N.
BOULDER DRIVE), AS RECORDED IN BOOK 158, PAGE 43, RECORDS OF MARICOPA
COUNTY, ARIZONA. (EA 2018-07)
I. CONSIDERATION OF RESOLUTION 2018-44, ABANDONMENT OF A PORTION OF THE
1' VNAE (VEHICULAR NON-ACCESS EASEMENT) ON PLAT 512, BLOCK 1, LOT 25
(14819 E. GOLDEN EAGLE BOULEVARD), AS RECORDED IN BOOK 373, PAGE 42,
RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2018-08)
J. CONSIDERATION OF RESOLUTION 2018-49, ABANDONMENT OF A PORTION OF THE
20' PUBLIC UTILITY AND DRAINAGE EASEMENT ON PLAT 401-B, BLOCK 6, LOT 40
(16950 E. NICKLAUS DRIVE), AS RECORDED IN BOOK 155, PAGE 12, RECORDS OF
MARICOPA COUNTY, ARIZONA. (EA 2018-11)
K. CONSIDERATION OF RESOLUTION 2018-50, ABANDONMENT OF THE 10' PUBLIC
UTILITY AND DRAINAGE EASEMENT ON PLAT 204, BLOCK 1, LOT 8 (12008 N.
LAMONT DRIVE), AS RECORDED IN BOOK 11, PAGE 10, RECORDS OF MARICOPA
COUNTY, ARIZONA, WITH STIPULATION. (EA 2018-12)
L. CONSIDERATION OF TWO BUDGET TRANSFERS TO REALLOCATE FUNDS AT YEAR
END AND IN THE AMOUNT OF $10,375.00.
Councilmember Leger MOVED to approve the Consent Agenda as listed and Councilmember
DePorter SECONDED the motion.
A roll call vote was taken with the following results:
FOUNTAIN HILLS TOWN COUNCIL
Regular Meeting of September 4, 2018 Page 3
Mayor Kavanagh Aye
Vice Mayor Brown Aye
Councilmember DePorter Aye
Councilmember Tolis Aye
Councilmember Magazine Aye
Councilmember Leger Aye
The motion CARRIED UNANIMOUSLY (6-0), by those members present.
D. REGULAR AGENDA
A. CONSIDERATION OF A BUDGET TRANSFER REALLOCATING $850,000.00 FROM THE
SPECIAL REVENUE BUDGET AND ALL REMAINING OPEN SPACE DEVELOPMENT
FEES TO THE 2018/19 CAPITAL IMPROVEMENT BUDGET FOR THE COMPLETION
AND FINAL PAYOUTS OF THE ADERO CANYON TRAILHEAD PROJECT (P3025).
Town Manager Miller addressed the Council stating this was a request to transfer $850,000
from the Special Revenue Budget and remaining open space development fees to this year's
budget. Last year the Council awarded a contract to Blucor Contracting to construct the
Adero Canyon trailhead and it had been anticipated that the funds would have been
expended last year. He pointed out this was not an increase but the action was needed to
pay the invoices that come in this fiscal year and that the Council was being asked to
reauthorize the allocation of funds. He indicated that Community Services Director Goodwin
was present to answer any further questions.
Vice Mayor Brown asked if there were any known change orders; Director Goodwin
responded that there were several, which would decrease the overall cost of the project.
Mr. Miller commented that in a week or two the Public Works Director will probably give a
notice of substantial completion and at that point the contractor will be working on a punch
list of items. He indicated staff was pleased with the way it turned out.
Councilmember Leger asked if Director Goodwin knew what the amount of development fees
was that was being used for this project and she responded no, but that Finance Director
Rudolphy might. Finance Director Rudolphy came forward and stated the total amount in
development fees was $1.8 million and the Town has spent the majority with about
$500,000; the remainder needed would come from the Special Revenue Fund.
Councilmember Leger expressed the opinion that this was an important point for the public to
be aware of because when looking at the cost of the trailhead, that money was accumulated
over years and had sat in a special fund for years and that fund had to be used specifically
for this particular purpose.
Mayor Kavanagh requested speaker cards at this time and Town Clerk Burke stated one
card had been received.
Bob Shelstrom, a Fountain Hills' resident: He began speaking but the Mayor stated it
appeared his comments were on the next item (B). He agreed that was the item he wished
to address and would return.
Councilmember Leger MOVED to approve the budget transfer reallocating $850,000.00 from
the special revenue budget and all remaining open space development fees to the 2018/19
capital improvement budget for the completion and final payouts of the Adero Canyon
FOUNTAIN HILLS TOWN COUNCIL
Regular Meeting of September 4, 2018 Page 4
Trailhead project and Vice Mayor Brown SECONDED the motion, which CARRIED
UNANIMOUSLY (6 -0) by those members present.
B. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT C2018-075, WITH THE
PLANNING CENTER FOR PROFESSIONAL CONSULTING SERVICES RELATED TO
THE UPDATE OF THE 2020 GENERAL PLAN IN AN AMOUNT NOT TO EXCEED
$100,00.00, FOR A PERIOD OF ONE-YEAR WITH TWO ADDITIONAL ONE-YEAR
OPTIONAL RENEWALS.
Mr. Miller offered introductory remarks regarding the General Plan and the State requirement
to update it every so often. He noted that the General Plan provided guidance to the Council
as well as to Planning and Zoning.
Development Services Director Bob Rodgers addressed the Council reviewing the
information contained in the staff report (copy available on-line and in the office of the Town
Clerk). He indicated that State law required the General Plan to either be readopted "as is" or
have a new plan approved every 10 years. However, due to the various amendments that
have been made over the last 10 years, changes to the Town's demographics, and
development patterns it was staff's opinion that it would be a bad idea to readopt it "as is".
Director Rogers discussed the request for proposal process and timeline that staff had gone
through to obtain quotes indicating that three firms had responded. He noted the proposals
had been evaluated and rated by a committee comprised of town staff and the Planning and
Zoning Commission Chairman, which was followed by interviews held with the top two firms
with those interviews also evaluated and scored. Director Rodgers stated that the Planning
Center had the highest scores in all categories and was the best qualified to assist the Town
with this update; therefore, staff's request was that the Council approve this professional
services agreement with Planning Center, not to exceed $100,000.00.
Councilmember Leger asked for clarification regarding the two-year renewal as it gives the
impression that the amount of money is extended over that time period. Director Rodgers
explained the amount is not to exceed the $100,000.00; however, the plan would not be
adopted until the November 2020 election, so this agreement was written to allow for carry
over. No additional funds would be expended.
Bob Shelstrom, a Fountain Hills' resident, said two things need to be questioned. 1) What
was the minimum needed to be spent to meet State requirements; and 2) was this the right
price for this scope of work as compared to what others pay? He felt the Council should be
aware of those questions before voting.
Town Manager Miller indicated that when staff goes through a process like this it includes a
scope of services and he did not think that would change much if compared to other cities.
He indicated that the Town had done this about 10-12 years ago and at that time had paid
close to that amount. Director Rodgers verified that the amount paid last time was about
$95,000.00. Town Manager Miller stated he felt this amount was in the ball park and
explained the Town did not have the staff to do a lot of the work that other larger cities have
and that was why the Town utilized a contract for services. He felt the Town was getting a lot
of service for the amount. He stated that he understood the Town's lean finances but
knowing the Town does not have the staff that some of the larger cities have, he felt the
Town was getting a good value.
Councilmember Magazine MOVED to approve Professional Services Agreement C2018-075,
with the Planning Center, for professional consulting services related to the update of the
FOUNTAIN HILLS TOWN COUNCIL
Regular Meeting of September 4, 2018 Page 5
2020 General Plan in an amount not to exceed $100,00.00, for a period of one-year with two
additional one-year optional renewals and Vice Mayor Brown SECONDED the motion, which
CARRIED UNANIMOUSLY (6 -0) by those members present.
C. CONSIDERATION OF CONTRACT 2019-22, IN THE AMOUNT OF $27,000.00 FROM THE
CANVASS GROUP, FOR THE PURPOSE OF ASSISTING WITH A COMMERCIAL
BUSINESS AND RETAIL RECRUITMENT CAMPAIGN.
Economic Development Director Scott Cooper addressed the Council reviewing the
information contained in his staff report (copy available on-line and in the office of the Town
Clerk). He stated over the last twelve months Town staff has worked with Retail Strategies
consultants and developed a solid working relationship with their team, which was in year
one of a potential three year campaign. He discussed the work completed over this past
year, the status of their work product, and the plan.
However, he said, in late June staff was made aware that two of the principals (the team staff
worked with) were leaving to start their own company (the Canvass Group). He stated that
with those individuals' community and working knowledge, staff felt it was best to move
forward with this new company noting that their fees were considerably less. He stated that
staff was requesting the Council approve the contract with this new company to continue the
campaign not to exceed $54,000.00 over two years.
Councilmember Magazine said when the consultants were last here he had asked how the
consultants would define success and never got much of an answer. He asked what the
benchmarks were and he requested a better explanation of what was expected. Director
Cooper indicated they were looking for return on investment (ROI) and that was never
instantaneous, explaining that the time period for ROI was eighteen months to three years
and that a good measurement for success was what the Town's return was in time with tax
dollars generated.
Councilmember Magazine said Director Cooper had done a great job and asked what this
company could provide that he could not. Director Cooper explained the various connections
and opportunities for Town representation the company has and that Town staff certainly
could do this but that it would stretch out the time frame for results. Councilmember
Magazine asked what was a reasonable time frame for a status report from the company and
Director Cooper said fairly quickly (less than a couple of months).
Vice Mayor Brown asked if Director Cooper was nervous about using a start-up company.
Director Cooper responded no, as he knew the individuals. Vice Mayor Brown asked if there
was a fall back plan if they fail. Director Cooper said no. Vice Mayor Brown asked that staff
have that conversation, as he would like to know if there was a back-up plan noting that he
liked their price. Town Manager Miller said that was a good point; however, the key was that
their services were billed on a "pay-as-you-go" basis and the deliverables would also be
received in this manner. If they were to go away, the Town would at least have deliverables
up to that point in time.
Councilmember Tolis asked what the tangible results had been from this past year. Director
Cooper stated nothing yet and reiterated the timeline (eighteen months to three years) for
seeing results and it was noted that the company had accomplished a lot of research this
year as to what the Town's market is, provided a lot of information on the Town's sphere of
influence, with the next year strategy based on outcome. Councilmember Tolis asked about
the potential businesses staff was working with and questioned what their sizes were and
what parts of the Town was being targeted. Director Cooper reviewed the various targeted
retail areas and types of businesses.
FOUNTAIN HILLS TOWN COUNCIL
Regular Meeting of September 4, 2018 Page 6
Councilmember Tolis commented that as a community they were throwing good money after
bad noting that the Town has a false belief that there was a solution for the community and
someone will bring the magic to this community. He indicated that he did not see it. He stated
the opinion that the Town would be better off to gather together a bucket of money as then
the Town could offer an incentive for potential businesses as a tool for economic
development.
Councilmember Leger interjected that there were statutes that prevented the Town from
doing that. He stated that after the first year of this contract the Council was not overly joyful
at their output. However, he stated that he understood the output was the creation of an
information database that is now to be utilized for marketing purposes in year two, and
although no businesses have come to Town, the company had met Mr. Cooper's first year
expectation; Director Cooper concurred. He asked what Director Cooper's expectations were
for year two.
Director Cooper explained that his expectations were high and he expected a return on
investment as well; that was why this contract was looked at annually--to see if there was
value to continue. He commented that although he cannot make guarantees, there was a
chance it will not work but there was also a good chance it would and he looked to have
several tangibles at the end of year two.
Councilmember Leger asked if it would be more worthwhile to hire additional economic
development staff and asked how many staff members he had. Director Cooper responded
two. Councilmember Leger commented that the Town would not be able to hire additional
staff for the $27,000.00 (amount of the contract). Director Cooper agreed that was unlikely.
Councilmember Leger asked if there was a timeline to approve the contract. Director Cooper
responded no. Councilmember Leger asked the Vice Mayor if he was comfortable moving
forward with a start-up business or should the Council table this item. The Vice Mayor
indicated he was comfortable with the "pay-as-you-go" process as explained by Town
Manager Miller.
In response to Councilman Tolis' comments, the Vice Mayor said the Town needed to keep
their spirits high and goals higher to bring businesses to Town. He stated he has all the faith
in the world that in a year they will be able to say they brought four new businesses to Town
off of two years' worth of work and that would be a huge start. He expressed it would be a
mistake not to move this forward and expressed his support for letting it go the eighteen
months to three years to see if a return was realized on the Town's investment.
Councilmember Magazine said he has been very hesitate to spend money in the past
because of the Town's financial situation, but that he did not think it would take much
success to see a return on this $27,000.00.
Bob Shelstrom, a Fountain Hills' resident, suggested the Town compensate a contractor for
bringing businesses to Town, similarly to what he had suggested to the School District. He
proposed the contractor takes a piece of the action on savings realized. He indicated that
the Town may be better off with this type of approach, whereby they give a percentage of
generated tax revenue (if legal) to the contractor. He agreed the $27,000.00 was not a deal
breaker but that the Town needed to figure out the best way to spend it. He commented that
local business leaders know what works in the Town and expressed the opinion that they
would be a better marketing plan resource over a consultant.
FOUNTAIN HILLS TOWN COUNCIL
Regular Meeting of September 4, 2018 Page 7
Interim Town Attorney Patel stated this was a little out of the scope of the conversation but
the "anti-gift clause" provision in the Arizona Constitution prevents a municipality from
providing certain types of incentives to private parties and businesses. He explained that
any incentive package would need to be evaluated for that provision as well as the 2010
"Turken v Gordon" case as a result of the CityNorth lawsuit that reworked the jurisprudence
on "gift clause" for the last 50 years. He noted that these types of incentives are very limited
now so it may not be as fruitful as it used to be.
The Mayor requested a motion if the Council was comfortable moving forward.
Councilmember Magazine MOVED to approve Contract 2019-22, in the amount of
$27,000.00, with the Canvass Group, for the purpose of assisting with a commercial
business and retail recruitment campaign and Vice Mayor Brown SECONDED the motion,
which CARRIED (5 - 1) with Councilmember Tolis casting the nay vote.
D. CONSIDERATION OF A CUT/FILL WAIVER REQUEST TO PERMIT AN AREA OF 2,655
SQUARE FEET TO EXCEED THE MAXIMUM 10' VISIBLE FILL ALLOWANCE UP TO
APPROXIMATELY 16 FEET DEEP MAXIMUM VISIBLE FILLS FOR THE DEVELOPMENT
OF THE BACK PATIO AREA, AND TO PERMIT AN AREA OF 690 SQUARE FEET TO
EXCEED THE MAXIMUM 10' VISIBLE CUT ALLOWANCE UP TO APPROXIMATELY 14
FEET DEEP MAXIMUM VISIBLE CUT FOR THE DEVELOPMENT OF THE FRONT PATIO
ON A PROPOSED NEW SINGLE-FAMILY RESIDENCE AT 16334 E. KEOTA DRIVE
(CASE# CFW 2018-02)
Senior Planner Marissa Moore addressed the Council regarding this item and discussed
information contained in her staff report that described the proposed project, the effect of the
applicant's requested cut/fill waiver, and displayed a PowerPoint presentation containing
graphics of the proposal (copy available on-line and in the office of the Town Clerk). Senior
Planner Moore stated staff was recommending approval and that the applicant and her
engineer were present to answer any questions about the project.
Councilmember Leger asked about the retaining walls and if vegetation had been considered
to lessen the impact. Ms. Moore stated that the renderings do show vegetation and a space
between the walls, which was common for a single family residence. Councilmember Leger
questioned if that could be a stipulation for approval.
Mayor Kavanagh asked that the applicant comment on the proposed stipulation. Ms. Karen
Otis (applicant) came forward and stated that each of the retaining walls was a planter and
the plan was to have a variety of native plants. She indicated the home was to nestle into the
hillside and that they were using rammed dirt walls for an organic feel to the home and so it
does not stand out. She commented that it was a very steep lot and so after stepping into the
entrance of the house they would step down five steps and again in the dining room there
was a step down. She stated that continued often throughout the interior, providing that
cascade look. Ms. Otis indicated that it was a single story house with the exception of a story
above the master bedroom.
Councilmember Tolis stated he had reviewed the plans and he expressed the opinion that it
looked fantastic and was a beautiful design stating that this was the perfect layout for the lot.
He indicated that the Town would have to look at these type lots in the future and make
accommodations for a beautiful design to be built.
FOUNTAIN HILLS TOWN COUNCIL
Regular Meeting of September 4, 2018 Page 8
Vice Mayor Brown said he did not know if the Council could be an architectural review
committee; however, he complimented the applicant on the house design and the retaining
walls. He indicated that he liked the house and agreed with Councilmember Tolis' thoughts
regarding the Town's remaining lots. The Vice Mayor agreed that the majority of the lots
were similar and extremely steep.
Vice Mayor Brown stated that in the future the Council will have to become fairly well read on
what is acceptable. He acknowledged that this design was against all the codes that the
Town has worked with for the last 25 years, but because of the remaining lots being steep
the Council will see more of these requests.
Vice Mayor Brown MOVED to approve the cut/fill waiver and Councilmember Tolis
SECONDED the motion.
Mayor Kavanagh inquired if there were speaker cards and Town Clerk Burke stated none
had been received.
Councilmember Leger concurred with the Vice Mayor that there were certain lots remaining
that will require flexibility; however, his expectation for the Council is that applicants make an
effort to mitigate the impact. He noted that in this case that has occurred.
The motion CARRIED UNANIMOUSLY (6-0), by those present.
E. CONSIDERATION OF APPROVING A GRANT APPLICATION REQUEST TO APPLY FOR
THE GAME TIME PLAYGROUND MATCHING FUNDS GRANT (UP TO $50,000.00).
Town Manager Miller stated there had been a lot of discussion during the budget process
regarding the capital improvement program budget, particularly regarding staffs attempt to
rehabilitate Four Peaks Park with playground equipment. He said the Community Services
Director had committed at the time to leverage grant money to stretch funds. In fact, he
pointed out that had staff submitted two grants--one was for the manufacture of playground
equipment the Town intended to buy and one with the Diamondbacks. He commented that
the Town had been off cycle for the Diamondback grant.
Community Services Director Rachel Goodwin provided an update and stated that this was
grant number three in an attempt to extend the Town's funding as far as possible. She
discussed that this year there is a $200,000.00 in the CIP budget to begin the renovations at
Four Peaks Park and that staff recognizes the money will only go so far so staff was trying to
leverage that for additional funding (partly for playground equipment), so the remaining funds
can be used for the actual cost of installation: the infrastructure, the demolition of the site, the
ground fiber, and supporting elements needed as part of this installation. She stated staff
was requesting Council's approval to seek this grant through Game Time (another vendor)
that would focus on the Tot Lot (for ages 2 — 5).
Director Goodwin pointed out that the previous grant application had been focused on the 5 -
12 year old playground and staff had been notified that the Town had been a runner-up for
that grant; therefore, the Town did not receive the full $50,000.00 funding applied for, but the
Town was awarded a generous discount on supplies. She indicated that staff would be
looking at if and how those funds can be stretched.
Mayor Kavanagh stated that Councilmember DePorter and she were excited about
something happening in this great neighborhood park where most of the Town's young
families live, as this was one of the last parks the Town could rehabilitate. Councilmember
FOUNTAIN HILLS TOWN COUNCIL
Regular Meeting of September 4, 2018 Page 9
DePorter agreed with the Mayor's comments and said the recent attention was great for a
much needed space.
Mayor Kavanagh inquired if there were speaker cards and Town Clerk Burke stated none
had been received.
Vice Mayor Brown MOVED to approve staff's request to apply for the Game Time
Playground grant (up to $50,000.00) and Councilmember DePorter SECONDED the motion,
which CARRIED UNANIMOUSLY (6-0), by those present.
9. COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
ITEMNS) LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (I) PLACING SUCH
ITEM(S) ON A FUTURE AGENDA FOR ACTION OR (II) DIRECTING STAFF TO CONDUCT
FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL:
A. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING REVIEW OF THE
SIGN ORDINANCE AND THE IMPACTS OF NON-TRAFFIC RELATED TEMPORARY
SIGNAGE BEING ATTACHED TO STREET SIGNS AND POLES.
Town Manager Miller addressed the Council regarding this item stating that earlier this
summer individuals had expressed concerns regarding the search and rescue of lost pets.
He noted that the Town has the reputation of being a pet friendly community and commented
on the success of this group in finding lost pets. However, a conflict has developed with the
sign ordinance that prohibits signs being placed on traffic related signs. He stated that staff
and the Council were very supportive of what this organization does and he hoped that there
could be a compromise. Town Manager Miller introduced Development Services Director
Bob Rodgers stating he would provide additional information and alternative placement
recommendations for lost pet signage and Interim Town Attorney Patel who would provide a
legal perspective relating to potential legal ramifications.
Director Rodgers discussed options for residents to put out temporary signs advertising that
they have lost their pets noting that he also wanted to clear up misunderstandings and
misinformation about this subject as this was not just about a local sign ordinance but also a
State Law. He clarified that staff was not telling residents that they could not put out lost pet
signs, but he stated their signs could not be attached to the street signs as no one is allowed
to attach a sign or flyer, regardless of the subject, to an official street sign or pole as there
was the potential for liability or a safety hazard, as well as damage to the sign. He stated that
when staff sees such a sign they are required to remove it.
Director Rodgers said the Town cannot simply adopt a new rule locally that differentiates
between the messages that signs contain and that the Town cannot allow lost pet signs and
then deny other types of temporary signs. He explained that under the law the Town's sign
code cannot regulate signs due to their content, the Town can only regulate their size,
locations, and the manner in which they are placed.
Director Rodgers listed the following options that are available commenting that not all are
optimal: public kiosks in the Town's parks, newspaper ads, store fronts (if allowed by the
owner), and social media. He discussed the best option allowed under the Town's sign
ordinance as being signs posted in the front yards of residences within a foot of the curb
(with the homeowners' permission), as long as the sign did not create some type of physical
or safety hazard. He stated that if more signs were needed further away, staff could work
FOUNTAIN HILLS TOWN COUNCIL
Regular Meeting of September 4, 2018 Page 10
with the group to get permission. Director Rodgers reiterated that contrary to comments on
Facebook, staff had not said lost pet signs could not be posted and that staff was happy to
assist/cooperate with residents when they lose a pet; however, he restated that Town street
signs and poles were off limits. He noted that staff has a pile of confiscated signs that he
suggested the group could use for their purpose.
Mayor Kavanagh asked for clarification about the difference between the real estate signs
that were found in the right-of-ways and on street corners and this type of signs. Interim
Town Attorney Patel explained a lot was governed by the most recent Supreme Court case
(Reed v. Gilbert) where similar issues were brought up. He discussed the specifics of the
case stating that this was where Director Rodgers was coming from in saying that the Town
can no longer regulate sign content and if the Town was going to have a temporary sign
distinction, then all temporary signs must be treated the same. Mr. Patel indicated his firm
was working with staff to evaluate the Town's sign code due to the Reed case so the Town
was not faced with a similar type challenge.
The Mayor questioned what the status of real estate signs were based on this. Director
Rodgers responded that the Town's ordinance allowed the signs in the right-of-way within a
foot of the curb and that was what he proposed could be allowed for these lost pet signs (as
temporary signs).
The Mayor pointed out that according to the law what was done for one must be done for
everybody. Mr. Patel explained that real estate signs were not being mounted to the Town's
traffic infrastructure or utility poles and so that was slightly different than the tent or a-frame
sign. The Mayor asked about utilizing the right-of-way and the corners like real estate signs
do. Mr. Patel clarified that as long as the signs were not infringing on any sight angles or
sight triangles for visibility those would be permitted and Director Rodgers concurred.
Councilmember Magazine asked if the code defined "temporary" signs and Director Rodgers
confirmed it did and he provided the definition and gave examples of such signs.
Councilmember Magazine asked if the Code Officer paid attention to that and Director
Rodgers confirmed he did.
Town Manager Miller asked what the duration was for a temporary sign. Director Rodgers
gave examples of a garage sale sign (removed when over) and real estate sign (removed
when sold) stating his expectation would be that when the pet was found or when they called
off the search, the sign would be removed.
Town Manager Miller explained staff was trying to work through what the expectations,
limitations, and benefits would be for sign placement/removal as the Town's Code Officer
removed signs on a complaint driven basis. Mayor Kavanagh asked about a recent event
whereby a sign was removed and questioned if there had been an actual complaint received
regarding the sign. Code Officer Jaffe confirmed he had received communications from the
Street Department on numerous occasions relating to signs being affixed to street signs and
that was considered a safety hazard, and as such, even without a complaint, when a safety
hazard was observed he stated he was obligated to address it. The Mayor asked Code
Officer Jaffe to clarify that he had not received an actual complaint. Code Officer Jaffe stated
that in the past he has received complaints, but this last time in July the only word he
received from was the Street Department.
The Mayor questioned why that happened since this group has been doing this a long time
and have been very responsible about removing signs and the signs were small and not
obstructing line of sight. She acknowledged the sign placement was not legal, but expressed
FOUNTAIN HILLS TOWN COUNCIL
Regular Meeting of September 4, 2018 Page 11
she had been surprised the Town had removed the signs. Code Officer Jaffe explained that
the primary reason was due to the volume of signs posted. He stated that he has worked for
the Town for thirteen years and more recently the volume of this type of sign had increased
considerably and were literally on every corner of every intersection for several square
blocks/miles; as a result, it was a distraction and a distraction results in a safety hazard.
The Mayor asked the Town Manager if there was any data regarding accidents as a result of
the group's sign placement. The Town Manager stated he personally has not had an
accident due to the signs; however, from the Town's standpoint there was potential liability
that the Town was assuming if the signs are allowed. Mr. Patel stated that because of the
Supreme Court case, if the Town permits one type of sign on the Town's infrastructure
(poles), the Town has to permit any other type of speech as well.
Councilmember DePorter stated the Council wanted to find a compromise and
acknowledged how active this group was in the community. He recognized Code Officer
Jaffe for the work that he does as well and noted that the Council was very sympathetic to
this group and that everyone needed to communicate in order for them to find a suitable
solution. He thanked the group for their work.
Code Officer Jaffe commented he had previously worked for Maricopa County Animal
Control and had recused hundreds of dogs. He noted that he has done his best to convey to
all involved in this animal rescue that he agrees with their efforts but that he also encouraged
them to find a lawful way to display their signs without causing a traffic hazard.
Councilmember Magazine asked about political signs placed along the roads and if these
lost pet signs could be placed in the same manner as political signs. Code Officer Roy
clarified that since the Town allowed political signs within the right-of-way it was his
understanding this group's signs could be similarly placed. He further explained that typically,
whoever's property the right-of-way happens to front was generally asked, as a courtesy, for
permission to place the sign and under the current guidelines he did not see a problem.
Mr. Patel clarified that political signs, if placed too close to corners, in medians or the right-of-
way, the Town still has the right to remove those signs (as potential safety hazard/visibility
triangle). Otherwise, State law prohibited the Town from removing political signs in the
general right-of-way if they aren't creating a safety issue.
Speaker cards were submitted by the following individuals who spoke in support of lost/found
pet signage being allowed on street signs and traffic poles for a period of 10 days (signs to
be dated for removal),with removal within 24-hours of the pet being found/search called off;
the request for a carve out for permitting the signs in the Town's sign ordinance; lost dog
behavior; a day in the life of a pet search member; Pal's Inn role when a pet was found; the
importance of signs in helping find pets; the fact signs need to be flexible in size/weight as
the volunteers need to be able to move signs quickly due to a change in a pet's sighting;
donation of the wire pieces from political sign; a-frames as an option; the proposal for a sign
that would be placed alongside the stop sign; and the request for a separate meeting with
Town staff to discuss allowable signage options:
Christine Penna (Fountain Hills' resident), Elizabeth Smith (Fountain Hills' resident), Bunny
Keller (Fountain Hills' resident), Christine Schaeken (Fountain Hills' resident), Jim Bruce
(Fountain Hills' resident), Christine 'vie Madaras (Fountain Hills' resident), Laura Mepham
(Fountain Hills' resident), Chris Cygan (Fountain Hills' resident), Alonzo Shattuck (Fountain
Hills' resident), Jeri Hensel (Fountain Hills' resident), Chelly Weiss (Fountain Hills' resident),
FOUNTAIN HILLS TOWN COUNCIL
Regular Meeting of September 4, 2018 Page 12
Linda Bardow (Fountain Hills' resident), Paula Stefan (Fountain Hills' resident), Debra Nolen,
and Soonee Roberts (Fountain Hills' resident).
In response to a question by Councilmember Magazine, Christine Penna stated the number
of signs needed varied as some months there were more lost pets than others.
Councilmember Magazine asked if technology was an option to track pets and the Mayor
suggested he speak to the volunteers after the meeting.
Director Rodgers reminded everyone the wires and signs that staff had confiscated were
available to the group.
Town Manager Miller reiterated that signs placed on traffic poles and street signs were
prohibited not only by the Town but by State law. He indicated that staff could work with the
group to help brand what their signs looked like for better public recognition.
Councilmember Tolis suggested major Town corridors as an area where the signs could be
posted and the option to install street poles for their sign as placement. Town Manager Miller
indicated that Town poles could not be used as they could only be used for governmental
purposes; otherwise, the Town would have to make the poles available to everyone.
Discussion ensued regarding various sign placement options. Interim Attorney Patel stated
that while the Town may be able to give permission for sign placement, the Town does not
have permission to contradict a State Statute. He cautioned that permission must provide for
non-content discrimination and the same level of right and circumstances must be provided
to all who wished to place a temporary sign no matter the content.
The Mayor stated that staff would sit down with the group and now everyone was aware of
the Town's limitations.
Vice Mayor Brown indicated he would like to help and if the Council agreed, he would like to
see the Town turn their head a bit in the interim (regarding complaints) until the group meets
with staff to come up with a plan. He stated what has occurred cannot continue because it is
against State law (sign placement).
Non Speakers Cards were submitted by the following individuals in support of lost/found pet
signage being allowed:
Alana Eaton (Fountain Hills' resident), Skye Smith (Fountain Hills' resident), Rita Frost
(Fountain Hills' resident), Rita Applegate (Fountain Hills' resident), Linda Lull (Fountain Hills'
resident), Nancy Grahlmann (Fountain Hills' resident), Angel Wilson, (Fountain Hills'
resident), and Lori Bell (Fountain Hills' resident).
Town Manager Miller proposed that staff come back to the Council with a proposal after
meeting with the group perhaps by the second meeting in October.
10. SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR,
INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER.
None.
FOUNTAIN HILLS TOWN COUNCIL
Regular Meeting of September 4, 2018 Page 13
11. AGENDA ITEM #23 — ADJOURNMENT
Mayor Kavanagh requested a motion to adjourn.
Vice Mayor Brown MOVED to adjourn the meeting at 7:30 p.m. and Councilmember Magazine
SECONDED the motion, which CARRIED UNANIMOUSLY (6-0), by those present.
TOWN OF FOUNTAIN HILLS
ByJ ' 6`-.
Linda _ Kavan g , Mayor
ATTEST AND PREPARED BY:
laza . Burke, Tow lerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session
held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 4'h day of September,
2018. I further certify that the meeting was duly called and that a quorum was present.
DATED this 18`h day of September, 2018.
lizab= . Burke, Tow C erk