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HomeMy WebLinkAbout2021.0119.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 19, 2021 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the meeting of January 19, 2021, to order at 5:30 p.m. 2. MOMENT OF SILENCE A Moment of Silence was held. 3. ROLL CALL—Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmember Mike Scharnow; Councilmember Peggy McMahon; Councilmember Sharron Grzybowski; Councilmember Alan Magazine; Councilmember Gerry Friedel Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Councilmember Friedel said that there had been an article written in the Fountain Hills Times about businesses that have had to shift and adapt and perhaps they, as Council, will need to shift and adapt to make sure that they have businesses in Town. He said that he was glad to hear that the Fair would be held in April. Vice Mayor Spelich reported that January 9, 2021, was National Law Enforcement Appreciation Day, and he wanted to thank Captain Kratzer and all the MCSO officers. He said that they need to also remember those 315 officers who lost their lives in 2020. Councilmember Grzybowski reported that she attended the National League of Cities virtual Vaccine Town Hall regarding work with the public health systems. She also watched the Governor's State of the State. She said that this morning at 7:30 a.m. she attended the East Valley Partnership Transportation Committee meeting where they heard from Valley Metro and Waymo. She attended the virtual League Call regarding the weekly Legislative Update, ad also the first Fountain Hills Bioliphic Cities committee meeting which is a project to make nature a part of everyday life through lifestyle, design, and architecture. She said that she also went with her husband for his second COVID vaccine as he has been volunteering through the County. She was very impressed with how organized it was run. Mayor Dickey reported that she attended the East Valley Mayors meeting on Zoom along with Paradise Valley, Chandler, Queen Creek, Carefree, Mesa. regarding short-term Town Council Regular Meeting of January 19, 2021 2 of 11 rental party houses, transportation and COVID impacts. She said that this year's State of the City/Town addresses will be different with video only, some postponing or a virtual hybrid, like Fountain Hills will be on January 26, 2021. She said that cities and towns, including Fountain Hills, have been reaching out to the County and Governor to get information or offer assistance with vaccine distribution. She said that they are very committed to serving locally. Further information is available at www.azdhs.gov and www.maricooa.gov. She said that the Mayor's Youth Committee met to discuss their community service projects, and she was looking forward to hearing what they decided. She reported that the International Dark Sky Discovery Center launched their Capital Fundraising Campaign. With much support from GPEC, they are engaging businesses, education, government and community leaders in this project, which will be located in the Town's civic center plaza. She said that she was honored to administer the oath of office for School Board Members Jill Reed and Dana Saar. She and Dana served on the Board together in 1996, and they appreciate his, Jill's and all Members' service to the kids and community. Councilmember Magazine noted that the Dark Sky Discovery Center has kicked off their fundraising efforts, trying to raise $18 million. He also added that his wife knows someone that works at Pfizer and they are anticipating that CVS and WalMart will have the vaccines available within two to three weeks. He said that he is seeing problems in other parts of the state, but most of what is happening in this area is going smoothly. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS None 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 Sharron Grzybowski, SECONDED BY Councilmember Alan Magazine to approve Consent Agenda Items 6-A through 6-C. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION OF approving the meeting minutes of the Special Meeting of January 5, 2021, and the Regular Meeting of January 5, 2021. Town Council Regular Meeting of January 19, 2021 3 of 11 B. CONSIDERATION OF Resolution 2021-03, abandoning the 23.07' Drainage and Slope Easement at the rear property line of 13439 N. Stone View Trail (Adero Canyon Parcel 1, Lot 106). C. CONSIDERATION OF Resolution 2021-04, abandoning the 10' Public Utility and Drainage Easement at the rear of15543 E. Chicory. 7. REGULAR AGENDA A. CONSIDERATION OF a Shade Structure at Four Peaks Park Playground. Community Services Director Rachael Goodwin said that they have been making improvements at Four Peaks Park with the new playground, but it is lacking shade. This item will extend the life of the structures, and also extends the playability of the space. All the pieces of equipment, other than the zip line, will be covered with a 64' x 102' canopy, that can withstand up to 125 mph wind speeds. She said that generally these types of structures lasts from eight to ten years. She said that the funds have already been allocated in the budget and they have the contract in place. Mr. Miller added that the Town Council authorized this contract previously, and they have plenty of money, but since this was part of the CIP, staff felt it should be brought back to the Council. Councilmember Magazine asked about the awning and the effects of the sun. Ms. Goodwin said that they do work with the contractor to provide a UV protective coating. The vendor has worked with the Town in the past, such as the cover over the Musical Instruments area at Fountain Park, which is about five years old. Counilmember Scharnow said that he drove by that park this afternoon, and he asked how the basketball courts are doing. Ms. Goodwin said that they are getting a lot of daily use. There have been questions raised about some adult leagues and they are looking at expanding the opportunities there. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron Grzybowski to approve the purchase of a shade structure for Four Peaks Park playground from Shade 'N Net not to exceed $121,100 utilizing current Contract 2017-072.3. Vote: 7 - 0 Passed - Unanimously B. Review, discuss and provide feedback on the draft Sign Ordinance. Mr. Miller said that what is before the Council is a proposed ordinance that went through the Planning and Zoning Commission last May/June. He said that they will treat this item and the next as work sessions. He said that these are complex issues and it is often easier to learn in this formation. Mr. Wesley said that they are looking for discussion and feedback on the concepts. He had intended to get a notebook to the Council ahead of time, but was unable to do so. He has placed one for each on the dais. He then began a review of the PowerPoint which Town Council Regular Meeting of January 19, 2021 4 of 11 addressed: OVERVIEW Background and Goals Overview of Draft Ordinance Review/discussion of individual sections and key modifications BACKGROUND/GOALS Reed v. Town of Gilbert- outcome is that sign regulations cannot be content-based. Process: Reviewed other updated codes Involved stakeholders Goals: Remove content based regulations Improve readability Address known issues Maintain consistency OVERVIEW Section 6.01 - Introduction Changed Name Expanded to provide more background and legal framework Councilmember McMahon asked about the definition for directional signs and if they are only allowed in or near a driveway. Mr. Wesley said that was because those are typically used for garage sales and open houses. It is just telling them how close they can be to the road. Discussion was held on political signs. Mayor Dickey said that everyone is struggling in the fact that if they follow the state statutes, they are not following Reed v. Town of Gilbert ruling. Councilmember Scharnow said that he did not understand how a state legislature can overrule a Supreme Court ruling. Councilmember Magazine said that in his opinion the signs look trashy. They could ban all signs, which is not feasible. He asked if it would it be possible to allow a-frames on Fridays, Saturdays and Sundays. Mr. Wesley sad that they will talk more about it in Sec. 6.06 and how it addresses temporary signs. Section 6.02 - Definitions Section currently Reserved Moved definitions from Sec. 1.12 of Zoning Ordinance Updated and added pictures Sec. 6.03 - Building Permits; Fees Essentially the same; reorganized and removed unneeded items Added Section F describing information needed for a permit Sec. 6.04 Mr. Wesley said that they are proposing to increase the fines. Town Council Regular Meeting of January 19, 2021 5 of 11 Sec. 6.05 - Enforcement and Remedies Councilmember McMahon asked why they have to wait 12 months. Mr. Wesley said that this section is stating that if they have already been fined within a 12-month period, the fines will double. He said that once someone is fined, Code Enforcement usually works with them to get them into compliance, but technically it is a new offense each day they are out of compliance. Sec. 6.06 - Sign Plans (New) Sec. 6.07 Councilmember Grzybowski said that"pretty" is in the eye of the beholder. Councilmember Magazine said that he agreed, but they make judgments all the time. They have to consider alternatives. Back to Sec. 6.01, Councilmember Magazine asked if the "written consent of the property owner"would apply to shopping centers. Mr. Wesley said that typically is addressed through their lease, and they are addressed through the design process. Sec. 6.06 - Sign Plan Mr. Wesley said that this section has been added to encourage more attractive sign designs. Councilmember Magazine asked if they have considered having a variety of acceptable colors. Mr. Wesley said that they ran into challenges with that quickly because some corporate colors may not be permitted. To try and dictate something different is a challenge. Sec. 6.07 - General Regulations Mr. Wesley said that currently they do not allow temporary signs on Shea. Councilmember Magazine asked how they would handle political signs on Shea. Mr. Wesley said that those are covered by state statutes. Mayor Dickey said that in the past when the legislature said they have to allow political signs in the rights-of-way, statutes were written to allow sign-free zones. At that time, the Town adopted a sign-free zone resolution. She said that Cave Creek does not allow portable signs without a permit. She said that Paradise Valley requires all temporary signs to be removed each day by sunset. She said that she would prefer to not have signs on Shea. Councilmember Scharnow said that he would tend to agree with that as well. He asked if staff has seen in their research how other communities deal with political signs. Mr. Wesley said that from what he has heard, they are confused and challenged. He is not sure of anyone trying to force an issue. Mr. Arnson said that he has not heard of a preemptive challenge. He said that many different agencies and interest groups, including the League, have spent countless hours on this issue. Mayor Dickey said that she thought they were more concerned with what is in the right-of-way and not in someone's yard. Mr. Wesley noted that neon signs are permitted in a window. Councilmember Magazine asked about signs advertising public hearings for zoning cases. Mr. Wesley said those are on the property. Town Council Regular Meeting of January 19, 2021 6 of 11 Mr. Wesley said that the current code allows temporary signs, but it requires that the issue come back before Council every two years. He said that the last extension expired the end of December, so staff has not been enforcing that because they have not had that discussion. Councilmember Magazine said that they now have two code enforcement officers. Mr. Miller said that the officers have staggered work hours so one is working over the weekend to address signs. Brief discussion was held on time limits. Mr. Wesley noted that the new code does not include any time frames. Councilmember Magazine asked when someone is fined if the Code Enforcement Officer has to remove a sign for noncompliance. Mr. Wesley said that he did not remember specifically, but the Code Enforcement Officers do occasionally come in early and work late to address issues. This also occurs when addressing lights that have been reported as too bright. Mayor Dickey said that when she was on the Council before when the sunset clause was put into effect for a-frame signs, they would get a report of 95% noncompliance, but it would continue to be extended. She would be okay with getting rid of the sunset clause altogether and have a strong sign code. Councilmember McMahon said that they are a unique, beautiful town, and asked if they considered having stricter regulations in the downtown area. She said that it may be more aesthetically pleasing to have consistent signage. She suggested that they have a design contest. Councilmember Magazine said that he totally agreed, but he would not do it just for the downtown. Mayor Dickey said that a few years ago they talked about wayfinding signs and the discussion was how they should look. She could see doing that, if it was something affordable. Councilmember Scharnow said that he did not see the difference. Councilmember Grzybowski said that, as a business owner, if she is told that she has to have a specific sign, all she sees are dollar signs. She said that she purchased hers based on price point. She said that if they have beautiful signs designed, they need to be at a point financially where they could help. They are financially far from that point. Councilmember McMahon said that perhaps it is something they could discuss in the future. Councilmember Magazine said that the Chamber could buy in bulk. Mr. Wesley said, in regard to banners, balloons and pennants, that banners have not been included in the permit requirement, but that is an issue that could be considered. Mayor Dickey said that they have some homes with draping on the outside. She said that they were told that there was nothing in the Code to address that and she asked if it was in a different area of the Code. Mr. Wesley said that those are not conveying a message, so they would not be addressed in the sign regulations. It would need to be addressed in a different part of the Code. Councilmember Magazine sad that he has a lot of trouble with the enforcement issue. Councilmember McMahon asked, in regard to banners, if they can regulate the size and Town Council Regular Meeting of January 19, 2021 7 of 11 number of days through a permit. Mr. Wesley said that issues are addressed on a complaint basis or by a Code Enforcement Officer. Councilmember Scharnow asked how much a permit would cost. Mr. Wesley said that they would be $25. Councilmember Scharnow agreed that they should have a permit. Councilmember Scharnow asked about political banners. He said that they did see a lot of them on homes, and asked if whether or not they were allowed. Mr. Wesley said that probably another discussion to have with the Town Attorney. He said that they have talked with the Town Council about signs in the medians and the Code does not allow them. He said that they probably could have done the same thing with banners, but because of the confusion of balancing the Code and statutes, they let them go. Councilmember McMahon asked if a political banner could be subject to a temporary use permit. Mr. Arnson said that there ar two parts to that answer. First, they always have to figure out the Town regulations versus state preemptions; and second, if there is an issue with size, they could regulate that. Mr. Wesley said that the current Code has speaker box standards, but it was removed in the new proposal. There are other rules that regulate those. Mr. Wesley said that the Dark Skies Group has agreed with 100 nits for electronic message centers. Councilmember McMahon asked if they could limit the number in town. Mr. Wesley said that it would be difficult to not allow them. TEMPORARY SIGN ALLOWANCES Discussion was held on the regulation of temporary signs. Mr. Wesley said that the new code is recommending a limit of six, to allow someone to get people into their property for yard sales, for example. Councilmember Scharnow said that he felt six was too many. At this time, Councilmember Scharnow presented four pictures of sign issues he has identified around town. He said that he has never liked signs, such as a-frames, tents, garage sales, open houses. He felt that those types are detrimental and detracts from the beauty of the Town, and they also create a traffic safety issue. He said that most people are now doing research online before they visit a business, so he does not see a need for a-frame signs. This also applies to realty sales; most people view homes for sale online. Councilmember Magazine thanked Councilmember Scharnow for his presentation. He said that he agrees with everything he said, but he does not know what the answer is. Vice Mayor Spelich thanked Mr. Wesley and the Commission for all the time and effort put into the proposed code. He said that they should not regulate the American Flag. He would not get a permit, nor should anyone need one. Counilmember Grzybowski said that this is a tough conversation. She agrees that the lit signs are different, but they are probably what catches their eyes and everyone is doing it. She said that she does think the consistent wayfinding signs would be helpful, but they do not have the money for it. Councilmember Magazine asked how the Zoning Ordinance affect HOA's. Mr. Wesley said that their Zoning Ordinance is effective on everything. If it is more restrictive in their CC&R's, then they would govern. Mr. Miller said that a number of HOA's restrict the number of garage sales they can have. Town Council Regular Meeting of January 19, 2021 8 of 11 Councilmember Magazine asked if Mr. Miller receives reports on the number of violations. Mr. Miller said that he typically sees things. He drives around on weekends and notices things. He said that since the Town Council authorized the second code enforcement officer, it has made a world of difference. Councilmember Friedel asked if they could limit the number of real estate signs on a median. With regard to a-frame signs, he said that if a business is sitting back in a plaza, not everyone has a smart phone, and there are a lot of seniors that do not use those. The businesses find these signs helpful. Mr. Miller said that he thought he was hearing that the Council did not want signs in the frontage medians as well. He said that they do not think this is going to be done tonight. They will come back with more refinement based on the feedback they have received. He said that it would probably take two more attempts before they get consensus. Mayor Dickey thanked staff for their work on this issue. A break was taken rom 8:00 p.m. to 8:11 p.m. C. CONSIDERATION OF amending the policy addressing sponsorships, naming rights, and waiver of fees for rentals and events granted to outside groups and organizations. Mr. Miller said that during the User Fee Study, staff was asked about the annual value of the fee waivers. It was provided to the Council in October, and is also included in the packet. He said that as they were looking at it, they wanted to bring the policy they have on sponsorship and naming rights, and the fee waivers, to the Council. Community Services Director Rachael Goodwin said that she has been very close to this issue. They have the policy from 2014, which was amended in 2016 to address issues they were dealing with at that time; namely, events trying to come through that staff did not recommend, wanting a fee waiver. As a result, the Town Council got into discussion of current events that were here since before the Town was incorporated. At that time they also introduced event fees that were tiered. She then began a PowerPoint which addressed: POLICY BACKGROUND FEE WAIVER BACKGROUND CO-SPONSORSHIP BACKGROUND CHALLENGES Sponsored versus Partnered LEGACY EVENTS ADDED IN 2016 INTERGOVERNMENTAL AGREEMENTS AND OPERATING AGREEMENTS NAMING RIGHTS Mr. Miller said that at the end of the night, in addition to guidance on fee waivers, they would like to come back with three separate policies. NAMING RIGHTS SUMMARY Councilmember Magazine said that he did not have any problems with the plazas, but they need to have some criteria that is not political. Just because someone has done a Town Council Regular Meeting of January 19, 2021 9 of 11 good job, does not mean they should have a street named after them. Mr. Miller sad that there is some limited criteria. Councilmember Magazine said that perhaps they should have a different group make recommendations. Mayor Dickey said that some places also require a period of time to have lapsed. Mr. Miller said that they do have that requirement, although in the past the Town Council has overridden that requirement. He said that some communities will give a street an additional name, and keep the original name for addressing purposes. This is an alternative that could be considered. Vice Mayor Spelich said that this came to light recently and he was taken aback by how many hoops one must go through in the Town. It came about with the passing of Dr. C.T. Wright and it would easier to come up with something more flexible. He did not think it was political. If someone makes a significant contribution in actions and deeds, they should be considered. Ms. Burke read a statement from Betsy LaVoie, Director of the Fountain Hills Chamber of Commerce, which said that before a final decision was made the Chamber would like to present to the Town Council the revenues brought in for the Town by the various special events. Ms. Goodwin said that if the day comes when the Manager is gone, and she is gone, they need to have something in writing that explains the process. Documentation helps all staff members as staff and Council change over time. Councilmember Scharnow said that he believed it needed to be done. He said that in looking at the list, he did not have a problem with what they have been doing. Councilmember McMahon asked if there was certain criterial for the fee waivers. She said that she thought there should be some "skin in the game"for those receiving a waiver. Mr. Miller said that the Town Council has identified youth and families as needing to be as affordable as possible, along with seniors. They are heavily subsidized at this point. In exchange for those reductions, they would like to see them provide something. Mayor Dickey noted that the Town used to do youth basketball themselves and little league is something a town might do, as well as the theater. To her, having a function of a town that was bigger and had more staff, these organizations are helping to provide those services. She said, in regard to the Chamber and the Fair, they supply 500 business licenses. She is looking at the money being brought into the Town. She said that if there is an event that there is some question about, they should bring it to the council. Vice Mayor Spelich said that the Town Council should give staff the tools to do this, by providing strict guidelines. He believes that if they sat down with the Chamber, they would see that they use the Town's infrastructure, have cars on the road, etc. He believes that them not being charged is not right. There should also be a charge for meeting rooms and they should have a limit on how many times they can have a meeting. It is hard for the Town Council to go to the residents and cry poor, when they are not charging appropriate fees. He also questioned the use of the concession stand at the ball fields. He said that he did not think that little league should have jurisdiction over the facility. When the Town as events in Town, they should be able to run it. Mr. Miller said that is something that could be in the operating agreement. There is no reason why other groups could not have the Town Council Regular Meeting of January 19, 2021 10 of 11 use of that facility. Things should be fair and equitable. Vice Mayor Spelich said that he is not against the Chamber, but they make very good revenue off of their events and this is not asking too much. Councilmember Grzybowski said that Chamber does make a lot, but this is one of the best Chambers she has been a part of. She benefits from the Art Fair; they all benefit from the Art Fair. It does go back to the business owners that are Chamber members. Vice Mayor Spelich said that when they say the "Chamber brings in revenue" so does the Concours and the Town charges them. To say that Fountain Hills does not benefit from the Phoenix Children's Hospital is not correct. Mayor Dickey said that if someone is a capitalist, they should not care what they make. They have 750 artists. Taking in 500 per business license, that is $37,000. They also provide 13 complimentary booths, including the Town. And, they pay the Four Peaks Rotary for trash removal. Mayor Dickey said that they should let the staff make decisions when the Town Council provides the criteria. Councilmember Magazine said that he did not have a position yet about the Chamber. He asked if anyone has seen their budget. Mr. Miller said that they do not disclose it. Councilmember Magazine said that if the Town is subsidizing them, it seems like they should be able to see their budget. Vice Mayor Spelich said that the fee is also waived for the Thunderbird Artists, and they do not show their budget. Mr. Miller said that when they brought in that fee, they had a lot of pressure to not do it, but in turn, they do not charge Fountain Hills residents, although they do charge a gate fee for others. Councilmember Friedel said that they cannot make an intelligent decision on this. If they want visitors, then they should be waiving the fee to Peter Volny as well. They need to be consistent. Mr. Miller said, in regard to naming rights, that staff can come back with a proposed policy. He said that they have heard some ideas on waiver of fees, regarding fairness and equity, and he sees that they have some criteria that are questionable. Mayor Dickey said that if they are going to look at the bottom line of the Chamber, then they need to look at the bottom line of all of them. Councilmember Grzybowski said that this is a very subjective matter. Whatever they can do to make it less subjective, like finding out how many business licenses they receive, or number of hotels filled, would be helpful. Mr. Miller said that staff will work on some proposed policies for further discussion. Town Council Regular Meeting of January 19, 2021 11 of 11 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 MOVED BY Vice Mayor David Spelich, SECONDED BY Councilmember Alan Magazine to adjourn. Vote: 7- 0 Passed - Unanimously The Regular Meeting of the Fountain Hills Town Council held January 19, 2021, adjourned at 9:14 p.m. TOWN OF FOUNTAIN HILLS � D \ Gin ickey, ayor ATTEST AND PREPARED BY: - ,e, 6_44.2:4, i&A, . 4 ca---2 lizab . Burke, 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 19th day of January, 2021. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of February, 2021. Elizabeth urke, Town CI rk