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HomeMy WebLinkAbout2019.1217.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 17, 2019 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Ginny Dickey Mayor Dickey called the meeting of December 17, 2019, to order at 5:30 p.m. and led the Council and audience in the Pledge of Allegiance. A. INVOCATION - Brad Ough, Church of Jesus Christ of Latter-day Saints As Mr. Ough was not present, a Moment of Silence was held. Mayor Dickey said that their thoughts were with the family and friends of Sharon Morgan and reported that the presentation by Chamber of Commerce Director Betsy LaVoie would be postponed to a future date. 2. ROLL CALL—Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Sherry Leckrone; Councilmember Mike Scharnow; Councilmember Art Tolis; Councilmember Dennis Brown; Councilmember Alan Magazine; Councilmember David Spelich Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke 3. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Counclmember Scharnow reported that the Noon Kiwanis had started off the holiday season with their Breakfast with Santa, which brought in around 250 people. He said that several of the Councilmembers attended the Incorporation Luncheon and it was good to see some of the former mayors and councilmembers there. He thanked the Mayor and staff for organizing the luncheon. Councilmember Spelich reported that he and the Mayor attended the Pearl Harbor Memorial at the American Legion and also attended a ceremony in Phoenix. Pearl Harbor Day is very important to him as his father had just completed his aviation training when the attack occurred. He was soon assigned to Pearl Harbor and the Pacific Fleet, so that day was always very solemn in his home. Mayor Dickey reported that she had attended a MAG Regional Council Meeting where they discussed infrastructure and transportation. She said that the Stroll in the Glow was great. She had lunch with three original staff members and the first mayor. She said that they missed Sharon, who was planning to be there, but she was there in spirit. Mayor Dickey reported that she attended the open house held by the new Volunteer Coordinator at the Community Center, and she was able to go to Fountainview Village and help judge the gingerbread house contest. Regular Meeting of December 17, 2019 2 of 12 Vice Mayor Leckrone added that they did a great job on the First Responder's Christmas Tree on the Avenue. A. PROCLAMATION declaring January 2020 as Speak Up, Save a Life Month Vice Mayor Leckrone introduced Gina Godbehere, Co-Founder of Stand Up, Speak Up and Save a Life, and read the Proclamation proclaiming January 2020 as Stand up, Speak Up and Save a Life Month. She then presented the Proclamation to Ms. Godbehere. B. RECOGNITION of outgoing McDowell Mountain Preservation Commission Chairman Bill Myers Mayor Dickey read a bio on Chairman Bill Myers of the McDowell Mountain Preservation Commission and presented him with a Certificate of Recognition for his long service to the community. Mr. Myers said that it had been an honor and privilege to be associated with the Commission. He said that that he was just a small part of the last 25 years in making the Preserve and trailheads work, along with the late Sharon Morgan and Commissioner Kinsey, this Mayor and Council, prior mayors and councils and staff. He said that he would predict the in the second quarter of 2020 they will have access to the Adero Canyon Trailhead. 4. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION by Chamber of Commerce Director Betsy LaVoie Postponed B. PRESENTATION and update on the draft General Plan 2020. Development Services Director John Wesley said that they now have a full draft plan and it has been out and available for a month. They are in the process of getting comments and making adjustments. The final draft will be done in January and then they will go through the rest of the approval process. He then briefly reviewed a PowerPoint presentation which addressed: CITIZEN INPUT CITIZEN INPUT/PLAN RESPONSE MAINTAIN AND IMPROVE BIKE LANES, ROADS AND SIDEWALKS PUBLIC INPUT Stakeholder Meeting 11/20 Public Open House 11/20 NEXT STEPS Mayor Dickey said that they were there for the first meeting (stakeholders meeting) and the sky opened up. It was not an easy day for people to get out and attend the public meeting, but there will be other opportunities. Mr. Miller said that last time they had the presentation was prior to the stakeholder meetings and prior to the council getting their feet wet. He feels very confident that with the feedback they have been getting it is moving along. He said that there are a number of policy statements that are consistent with the Strategic Plan and policy direction. Regular Meeting of December 17, 2019 3 of 12 Councilmember Scharnow said that there were a few references to the downtown area needing to be consistent with the Town's small town feel, and he asked what that looks like. Mr. Wesley said that it will be fleshed out with one of the implementation policies. He said that some of the newer development is more modern is not consistent with the direction the Town wants to go, but they do not want it too restrictive. Councilmember Magazine said that two months ago he had a discussion with the Town Manager and Economic Development Director on a concept he has been thinking about, and he also mentioned it to the Mayor. He said that about eight years ago, as a member of the Strategic Planning Advisory Commission, he made a presentation on "Clusters of Innovation." These are conglomerations of companies; there are about 160 clusters in the United States. He said that they do not recognize boundaries and will overlap local jurisdictions. They have them for the oil and gas industry, lumber, aerospace, medical devices, etc. He said that innovation is the key to success anywhere and they are one of the most innovative countries in the world. It comes about when people talk to each other, such as the aerospace cluster in Texas where the main company is Boeing, but it attracts all kinds of subsidiary companies that feed into it. They do this by knowing each other, golfing, dinners, etc. He said that he has been thinking that Fountain Hills is ripe to become a cluster. There is no community in the State that has the number and types of wellness and health care companies, the Turkey Trot, 5K's, etc. He said tha he thinks they should look seriously at branding Fountain Hills as a wellness community. Not for old people, but young and old alike. He would like to see the Town Manager and Economic Development Director think about a path forward, perhaps create a task force with members of SPAC, Vision Fountain Hills, the Chamber, etc. He said that it takes time to study the issue and it takes the willpower to make it happen. Mayor Dickey said that she agreed that it should be looked at and explored, but she believes they have a beautiful, scenic, one-of-a-kind community. 5. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H),public comment is permitted(not required)on matters NOT listed on the agenda.Any such comment(i)must be within the jurisdiction of the Council, and(ii)is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action.At the conclusion of the Call to the Public, individual councilmembers may(i)respond to criticism, (ii)ask staff to review a matter, or(iii)ask that the matter be placed on a future Council agenda. The following individuals addressed the Council and asked the Council to direct staff to further review the hospital project because of their many concerns. They said that they have attempted to have the developers come back out and meet with the neighbors, but they are refusing to do so until they receive their permits, and then it is too late: Rose Anouti, Larry Meyers, and Jane Bell. Mr. Miller said that they do not normally comment when speakers come up, but he did forward the letter he received to the applicant. They did commit to holding two open public meetings in January; they are committed to meeting with the neighbors. He said that they responded to the concerns and he would forward that letter to the speakers. He said that the issuing of permits is an administrative process, not subject to Council action. Mr. Arnson suggested that any further discussion be continued to a later date. Regular Meeting of December 17, 2019 4 of 12 Councilmember Scharnow asked what the process was. Mr. Wesley said that the Council considered the application in June, and agreed that the hospital was a permitted use in a C-1 district. To operate it as a hospital all night is a Special use Permit, and they will be applying for that which will come back before Council. He said that by Code they are required to have an eight foot wall along their property line. They are showing that and will be required to build it, but some of the neighbors did not want an eight foot wall. The developer said that he would be willing to apply for the variance, and that would be another public hearing process. Councilmember Brown said that when he received his letter he had a conversation with the Town Manager. He was not aware that he had received a response back, and he requested that the Town Manager forward that letter to him. 6. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council.All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. MOVED BY Councilmember Dennis Brown, SECONDED BY Vice Mayor Sherry Leckrone to approve Consent Agenda Items 6-A through 6-G. Vote: 7- 0 Passed - Unanimously A. CONSIDERATION OF approving the meeting minutes of the Special Meeting of November 19, 2019; and the Combined Regular Meeting and Work Session of December 3, 2019. B. CONSIDERATION OF approving a Special Liquor License application submitted by the Fountain Hills Theater for a fundraiser to be held on January 24, 2020. C. CONSIDERATION OF approving a Special Liquor License application for the Fountain Hills VFW Post No. 7507 Veterans Foundation to host a beer garden in conjunction with the Great Fair on Feb 21-23, 2020. D. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills VFW Post No. 7507 for a beer garden in conjunction with the Great Fair on Feb 21-23, 2020. E. CONSIDERATION OF approving a Special Event Liquor application for Senior Services, Inc., for a fundraiser to be held in the Fountain Hills Community Center on February 13, 2020. F. CONSIDERATION OF approving a Liquor License Application for Aguamenti, located at 16842 E. Parkview Avenue#2, Fountain Hills, Arizona, for a Series 7 (Wine & Beer) license. G. CONSIDERATION OF adopting Ordinance 19-17, amending Chapter 7 of the Fountain Hills Zoning Ordinance by removing Sections 7.02 G., Storage and Parking of Commercial Vehicles in Residential Districts; H., Storage and Parking of Unoccupied, Non-commercial, Mobile Homes, Boats, Aircraft, Truck Campers, Camping Trailers, Travel Trailers, and Other Trailers; I. 2., Occupied Mobile Homes, Motor Homes, Truck Campers, Camping Trailers, Travel Trailers, and Other Trailers; and, J. Storage and Parking of Junk Automobiles and renumbering the remaining sections. Case#Z2019-07 Regular Meeting of December 17, 2019 5 of 12 7. REGULAR AGENDA A. CONSIDERATION OF appointment to the McDowell Mountain Preservation Commission. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan Magazine to appoint Janice Holden to the McDowell Mountain Preservation Commission, term expiring October 31, 2020. Vote: 7-0 Passed - Unanimously B. PUBLIC HEARING ON proposed Development Impact Fee Report. Mayor Dickey opened the Public Hearing. Mr. Miller stated that they have had their consultant before the Council with the proposed impact fees. Tonight was just to accept public comment. If there is none, they would close the public hearing and come back at a later time for action. He noted that this process was following the state law regarding impact fees. He said that their Finance Director was available if there should be any questions. There being no public input, Mayor Dickey closed the Public Hearing. C. CONSIDERATION OF Contract 2020-11 with Continental Flooring Company for the purchase and installation of flooring in the Fountain Hills Library. Facilities/Environmental Supervisor Raymond Rees reviewed the contract, noting that this was for carpeting at the Library that is in need of repair. The carpet tiles were glued down to a concrete subgrade and it is now starting to peel at the edges and causing a trip hazard. He said that there is a moisture problem in the concrete and after reviewing the drawings, they found there is no vapor barrier which is allowing the moisture to seep through. Mr. Rees said that the cost is approximately $127,000 to replace the carpet at the library and is going to take about three to four weeks to do the work. They will probably have to close the library and they are looking for alternative means for a smaller operation. He said that they are also having problems in some areas at the Community Center. They used a vapor barrier in the Community Center lobby, but not under the carpeted areas. Mr. Miller noted that the contract is for an aggregate additional amount of$242,000 for the carpet at the Community Center and at Town Hall, but that will not happen unless they get funds in the Facilities Replacement Fund. He said that the contract tonight is to approve the replacement at the Library, but they are including a Not to Exceed amount of$376,000 to do the other work if they have the funding. He said that they are getting a substantial discount this way. Councilmember Scharnow asked if it was the original carpeting in the Library. Mr. Rees said that they replaced it once before around 2009 or 2010. They replaced the carpet in the Museum in 2011. He said that the Library District staff would like to do it in April. Mr. Miller added that the Town is getting a great deal with the Library with just the annual maintenance since the staffing and benefits are covered through the Maricopa County Library District. Regular Meeting of December 17, 2019 6 of 12 Discussion was held on possibly using a different type of product. Mr. Miller noted that the problem is with the vapor barrier. Mr. Rees added that he believed they are going to use the best product to remedy the problem. He said that carpeting is best in libraries with the issue of noise. Mr. Miller also noted that the carpet tiles are very easy to pop out and replace when there is a stain, at a much lower cost than having to replace an entire section of carpeting. Councilmember Magazine asked if they were getting the price based on a competitive bid. Mr. Rees said that this is a cooperative purchasing agreement. It has been vetted by state agencies and they are dovetailing under that competitive bid process. Councilmember Magazine said that the public has to understand that the Town has an incredibly long list of infrastructure that is not being done; this is just the tip of the iceberg. Mr. Miller said that the cost of the vapor barrier itself is $40,000 so replacements in the future would not be at such a high cost and he was confident they would have a longer life. He said that this would also include some painting planned for the inside and the Friends of the Library are looking to subsidize some of that cost. Councilmember Magazine said that when infrastructure needs come before Council he will be asking the question of what is not being done. He said that he does not know what the priorities are right now. Mr. Miller said that was fair. He noted that the Council does spend quite a bit of time each year on the capital replacement fund so they can see the priorities. Councilmember Spelich asked if the vendor for the vapor barrier was different than the carpet vendor. Mr. Rees said that it was the same vendor. They do this type of work all over the valley. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Mike Scharnow to approve Contract 2020-11 with Continental Flooring Company for the purchase and installation of flooring in the amount not to exceed $127,789.80 with a total aggregate amount of$370,000. Vote: 6- 1 Passed NAY: Councilmember David Spelich D. CONSIDERATION OF a request for a Special Use Permit to allow new and used automobile sales in the C-2 zoning district on a portion of the property located at 11625 N. Saguaro Boulevard. Case#SUP2019-02 Mr. Wesley reviewed the request, stating that this was a current business that sells and installs after-market products for off-road vehicles and they would like to expand the business to include selling jeeps on the property. Within the C-2 zone, it would require a Special Use Permit. He said that they are proposing to put the vehicles under the canopy. They are not wanting to use the driveway on the west side, along Saguaro. They had proposed putting a chain across that entrance, but the Planning and Zoning Commission recommended approval with the condition that something more aesthetically pleasing be used to block the opening, other than a chain. Councilmember Spelich said that the Council had received some e-mails concerning the tanks in the ground, and asked what was going on with that issue. Mr. Wesley said that this location is a former service station and the tanks are still in the ground. The Arizona Department of Environmental Quality has been trying to work with the property owner to get them removed. He does not know if there are further issues related to the tanks, but that is an Regular Meeting of December 17, 2019 7 of 12 ADEQ issue. He said that staff has been in contact with ADEQ who told them that they are actively working to get any issues resolved. Mr. Wesley said that the applicant is present; he was not sure if the owner was. Mr. Gerald Lynn, the applicant, said that the tanks have to do with the owner; he just leases the property. Councilmember Scharnow asked if they would be lighting the canopy at night if that is where they were placing the vehicles as they would have to comply with the Dark Sky Ordinance. Mr. Lynn said that they would have to work that out with the owner; right now they do not plan to do so. Councilmember Magazine said that he would like to see them able to go into business there. He has some experience, as well as his wife, in working with the Environmental Protection Agency. He said that there is a LUST (Leaking Underground Storage Tanks) program which may provide assistance in removal of the tanks. He said that asking for the age of the tanks is irrelevant; they can be fine today and rusting out tomorrow. Until they can reconcile that issue he could not vote to approve this business. Mayor Dickey said that usually the State has a program to help mitigate issues when tanks are abandoned. They do know who the owner is, but there has not been a lot of success in working with them. Councilmember Tolis said that he has been listening to this discussion and for the 28 years he has been there, he has never heard the Town Council concerned with tanks at that property--now there is a change. He said that it is the owner's responsibility to make sure that he addresses the issues with the tanks. It is not in the Town Council's jurisdiction. He said that he is in favor of this request. He would like to see them be successful and the owner will have some revenues. Mayor Dickey said that she would feel a responsibility for letting a business start that might have to stop to allow time for the property owner to remedy the issue. Councilmember Magazine said that sometimes revenue is trumped by public health, safety and welfare. A lengthy discussion continued regarding what steps had been taken to reach the property owner and who staff spoke with at the ADEQ's office. Mayor Dickey said that she asked Mr. Arnson about a conditional Special Use Permit, and she believed everyone was okay with the proposed motion. John Juliano, Fountain Hills resident, addressed the Council regarding the fact that he previously had looked into this property and was told by the prior town manager that there was no way this would happen. He was told that he could not get a special use permit. He said that there are means to have the property cleaned up, but it will take months. He said that they should delay action until they have an opportunity to speak with the Attorney General's office. Mr. Miller clarified that Mr. Juliano had previously spoken with the prior Development Services Director regarding the property. Mike Manns addressed the Council, stating that he had previously rented the property for 12 years. They now have a five year lease with a five-year option. He personally knows the owner and knew his father and brother. If anyone has a chance to speak with the owner, it Regular Meeting of December 17, 2019 8 of 12 was him. He said that he will work on that issue, but one has nothing to do with the other; they are just trying to do business. Vice Mayor Leckrone noted that if they deny the application, the issue of the tanks remains. Mayor Dickey said that she was hoping that if they granted it on the condition of them resolving the issue with the state, then they were not saying no to the business. She said that if ADEQ has gone to the Attorney General's Office then there is something going on. She said that she has a level of responsibility as to financial risk, but also it could be a health issue and they do not know that yet. Councilmember Tolis said that he agreed with Vice Mayor Leckrone. They should let them move forward with the business and let the Attorney General's Office handle the other issue. He asked the gentleman leasing the property if the tanks had been used for the past 30 years. Mr. Manns replied that the last time they were used was approximately 13 years ago. The tanks have been certified after that, sealed up and drained and closed, to his knowledge. Councilmember Tolis said that they should allow them to move forward and allow the potential litigation to take its course. Councilmember Scharnow told Mr. Wesley he did not want to see a chain across the driveway. Mr. Wesley said that before they could begin operations they would have to put in a barrier; staff was thinking of something along the lines of potted plants. Councilmember Scharnow said that if they granted this application it would be a great opportunity to clean up the property. Mr. Wesley said that staff was proposing that the applicant have six months to get the rest of the site improvements done and if not, staff would come back to ask the Council to revoke the special use permit. Councilmember Magazine said that he heard that the tanks are empty and sealed and asked if that was correct. Mr. Wesley said that he does not know that for a fact; no one knows that for sure. If they were, he was not sure why ADEQ would want them removed. Councilmember Magazine said that they do not know if they have leaked. Mayor Dickey asked if there was a problem with having a six month period to do the improvements and work out issues with the state. Councilmember Brown said that it was not the Town Council's business. They are trying to bring businesses to town and then condemning them. Mayor Dickey said that the Council now has this knowledge and they have a responsibility. The fact that they have to come for a special use permit means they are asking for something out of the ordinary. It is proper for the Town Council to be having the discussions. Councilmember Tolis said that if the issue is really that they do not want them selling vehicles there they should be honest about it. He said that this is a similar situation to when Rex Foley wanted to bring in a car dealership and they had 101 reasons why it would not work. That business did not happen, and then six months later they came in and removed all of the restrictions on the property. Mayor Dickey said that was before her time on Council (as Mayor), but that was not the case at all. They did come in and change the zoning somewhat recently, but they have to take each request case by case. They just had a difference of opinion. Councilmember Magazine said that he resents being told that his real agenda is to not have a dealership. Vice Mayor Leckrone said that she understands the concern, but her concern is Regular Meeting of December 17, 2019 9 of 12 that the applicant has no control over the underlying issue. Whatever is going on underground, the owner is going to have to deal with it. MOVED BY Councilmember Alan Magazine, SECONDED BY Mayor Ginny Dickey to approve the Special Use Permit 19-02 subject to approval by ADEQ of the underground tanks and compliance with the property improvements defined in the staff report. Vote: 3-4 Failed AYE: Mayor Ginny Dickey Councilmember Alan Magazine Councilmember David Spelich MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Art Tolis to approve Special Use Permit 19-02 subject to compliance with the property improvements defined in the staff report. Vote: 4-3 Passed NAY: Mayor Ginny Dickey Councilmember Alan Magazine Councilmember David Spelich E. CONSIDERATION OF approving the purchase of a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom for the Streets Division of the Public Works Department. Removed from the agenda. F. CONSIDERATION OF adopting Resolution 2019-59 ordering and calling a Special Election to be held in and for the Town on May 19, 2020, to refer to the voters of the Town 1) Ordinance 19-03 rezoning 59.79 acres generally located at the northeast corner of Shea and Palisades Boulevards from L-3 P.U.D. and OSR to Daybreak P.A.D.; and 2) Resolution 2019-39, changing roughly 23 acres near the northeast corner of Shea and Palisades Boulevard from Lodging to Multi-Family/Medium; and other questions which may be ordered by the Town Council as permitted by law. Mr. Miller stated that at the last Town Council meeting the Council designated May 2020 as the date for the special election and directed staff to bring back the appropriate resolution for consideration. Ms. Burke noted that within the notice, she had included the $100 fee for arguments, which is what has been charged in the past for such arguments. Councilmember Tolis said that he would like to hear from Jeremy Hall as he was not at the last meeting when this was discussed. Mr. Hall said that he was not informed that this item would be discussed until it was put on the agenda one day before the meeting. He said that he appreciated the fact they they want to move the saga along as quickly as they can, but he would prefer that they have the issue voted on at the first regular election. He has been working with the landowner and has secured an extension to get them through that along with the site plan approval. He said that he has heard an additional $35,000 to $50,000 for a special election, and it is unnecessary. Mayor Dickey said that the item today is to consider the resolution directed by the Council at Regular Meeting of December 17, 2019 10 of 12 the last meeting. Councilmember Tolis said that based on this new information and the fact that he has an extension, waiting an additional few months is not going to adversely affect the community. Mayor Dickey asked Mr. Arnson if it was proper to be discussing the election date. Mr. Arnson said that if the discussion is whether to call an election, the Council has to discuss it; it is within the purview of the item. Mayor Dickey said that her concern is that people came last time and spoke regarding the date of the election. Councilmember Magazine said that he was sorry he was not present at the last meeting, but aside from the savings of a special election, there are the additional costs of continuing public records requests for another two months, which at least plays a part in added expenses. MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Mike Scharnow to adopt Resolution 2019-59. Vote: 6 - 1 Passed NAY: Councilmember Dennis Brown G. CONSIDERATION OF adopting Ordinance 19-19 amending the Town Code Chapter 2, Article 2-1-1, Elected Officials, extending the term of office of the Mayor from two years to four years. Mayor Dickey said that due to the issue being considered, she was recusing herself from discussion. Vice Mayor Leckrone briefly reviewed the item and asked what the discussion was when they first made the decision to have direct election of Mayor. Mr. Arnson said that it is his opinion, and that of the League, that by default Arizona Revised Statutes has a two-year term if it is not specifically addressed. Ms. Burke noted that the resolution that originally called for the change, and placement on the ballot for a vote, referred to a two-year term, but the ballot language itself did not address the term length. Councilmenber Tolis said that a lot of the communities that have four-year terms also have a salary. He felt that a two-year term is an appropriate time for mayors. When someone runs for Mayor, they have to set their agenda; they have to have a vision. They also have to work with existing Council members that have been seated already. In the past they have had a recall of a mayor and he could see that happening again. Councilmember Spelich said that he thought that two years was a good bottom line, but they were looking for permission to put this on the ballot to let the residents decide. If it is going to be a four-year term he would like to discuss term limits with how long they can stay in office, and let the residents decide that as well. Councilmember Tolis said that at the last meeting he suggested putting a question on the ballot to bond for the purchase of the Daybreak property, and he was told they could not submit that question to the voters. Mr. Arnson explained that in a general law city/town, they only have limited referral of questions. They have the powers granted by the State. There is no authority to place such a question, but the statutes do require a vote of the voters to approve direct election of mayor and they believed that would include increasing the length of term of mayor. Regular Meeting of December 17, 2019 11 of 12 Councilmember Brown asked why they were even discussing this issue. Councilmember Magazine said he had recently mentioned to the Town Manager that he would like to see them consider a longer term for mayor, and there may have been others that had the same interest. Councilmember Scharnow said that he could make pro/con arguments on both sides, but he was interested in discussing it as well.He is in favor of at least letting the voters decide. He said that if there was any concern that packets had already been pulled for the 2020 election, they could always make it effective in 2022. Councilmember Tolis noted that Scottsdale has four-year terms with a three term limit. Mr. Arnson said that the issue of term limits was recently decided in the Maricopa County Superior Court after a case involving Carefree. the court found that term limits were outside the scope of authority, so this past year the Legislature adopted a new statute that allows a majority of voters by initiative in general law cities/towns to decide if they want term limits. MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember David Spelich to adopt Resolution 2019-59. Councilmember Scharnow asked if that motion included that it become effective in 2020 or 2022. Councilmember Magazine said that he believed that the 2022 date was suggested was because packets have already been taken out for the 2020 election, but it was his understanding that only one packet had been taken out to date for mayor and that was by Mayor Dickey. Ms. Burke confirmed that was correct. MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember David Spelich to withdraw his prior motion and restate his motion to place Ordinance 19-19 on the ballot in May, effective with the August primary results (those taking office in December 2020). Vote: 6- 0 Passed 8. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s)listed below are related only to the propriety of(I)placing such item(s)on a future agenda for action, or(ii) directing staff to conduct further research and report back to the Council. None 9. ADJOURNMENT Mayor Dickey thanked everyone, stating that they have had challenges this year, but have also had a lot of uplifting moments. She wished everyone a safe and loving holiday season. MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Alan Magazine to adjourn. Vote: 7-0 Passed - Unanimously Regular Meeting of December 17, 2019 12 of 12 The Regular Meeting of the Fountain Hills Town Council held December 17, 2019, adjourned at 7:49 p.m. TOWN OF FOUNTAIN HILLS Ginny Di ey, May r ATTEST AND PREPARED BY: Eliz bet A e, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 17th day of December, 2019. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of January, 2020. liz:beth A. :• e, Town Clerk