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HomeMy WebLinkAbout2021.0216.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 16, 2021 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the meeting of February 16, 2021, to order at 5:30 p.m. and led the Town Council and audience in the Pledge of Allegiance. 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 Gerry Friedel; Councilmember Alan Magazine; Councilmember Sharron Grzybowski 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 Town Manager Grady Miller reported that they went through the selection process with the Maricopa Council of Governments (MAG) on regional transportation projects and arterial freeways in Proposition 400, and they made the cut for three projects--2 widening on Shea and the reconstruction of Palisades from Shea down to Saguaro. He said that these were three of the five projects submitted. Councilmember Friedel said that he was recently appointed to the MAG Regional Domestic Violence Council. He has learned some interesting things and they are working on some things. Councilmember Grzybowski reported that EPCOR recently did a series of community meetings regarding their rate change proposal which she attended along with a meeting of the Fountain Hills Bioliphic Cities. She attended a presentation by the Arizona Association of Economic Development on the current state of economic development and the changing face of site selection. She also attended the Phoenix/East Valley Economic Development/Aviation Committee meeting. Lastly, she attended a meeting of the National League of Cities on the Role of Municipal Leaders in Addressing Disparities. Councilmember Scharnow reported that he attended a Chamber ribbon cutting for SendOutCards, held at the Chamber patio, and also attended a Traffic and Safety Committee meeting at which they got a lot accomplished. Mayor Dickey welcomed him along with Councilmember McMahon on joining the committee. Town Council Regular Meeting of February 16, 2021 2 of 10 Mayor Dickey said that she had a talk with Senator Mark Kelly on the COVID relief, talking about infrastructure, including Wifi. She said that it was great to have that open communication. She said that she appreciated the residents that are anxious about vaccines. They are trying every day, along with the Fire Chief, to get a popup site locally. She said that some of the grocery stores and doctors are starting to administer the vaccine. She said that they are regularly reevaluating the Town's COVID protocol and numbers are really getting better every day. She, along with Manager Grady and Community Services Director Rachael Goodwin will continue to evaluate to see what, if any, changes can be made. She said that there are several cities that have not had an open meeting since last March. She said that Fountain Hills has had several in-person meetings and does not feel they have been hiding anything by having the virtual meetings for the public. She said that residents may continue to visit azadhs.gov/findvaccine or the overall 211 number. A. PROCLAMATION - March 1, 2021, as COVID-19 Memorial Day Mayor Dickey read a proclamation proclaiming March 1, 2021 as COVID-19 Memorial Day. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. STATUS REPORT from John Craft, Chairman of the Strategic Planning Advisory Commission. Mr. Miller introduced John Craft, Chairman of the Strategic Planning Advisory Commission (attending telephonically). Chairman Craft said that he was nominated as Chairman in the late fall of 2019; they have added three new members since his last report. He said that because of the new members, they began to think about what is really important to move forward, from a planning pespective. He wanted everyone working from the same page. He added that Mr. Miller has provided a lot of direction. He said that they began the process in early 2020, going through an orientation, review of the 2017 Current Plan, reviewed what they did well and what they missed. He said that three of the newest members asked to review the SWAT; they felt it was time to have it updated. At the same time, they spent time looking at their process with the recently-passed General Plan. He said that a few of them, Peter Bordow and himself, have been interacting on a regular basis with Vision Fountain Hills. He said that they are still moving forward, but on three cylinders instead of four. He said that the first thing they wanted to do was establish some plan basics. They agreed that anything they want to move forward with should be 1) managable, 2) measurable; and 3) attainable. With that understanding, they began to work forward to develop a basic understanding of 2021. It must encompass strengthening community and improving quality of life. He said that once COVID hit, they created work groups with two to three members of the Commission that identified priorities: 1) continue to maintain infrastructure, with an emphasis on digital capacity; 2) financial sustainability; and 3) improve overall comunity's health, well-being; and safety. Town Council Regular Meeting of February 16, 2021 3 of 10 He said that as they move forward with those priorities, they are working with the Chamber, FHCCA, political groups, etc. to help them form an understanding. For those that were able to participate in the Vision Fountain Hills survey in 2020, they recognized that as well. It was launched in late summer and closed mid-fall, with over 600 respondents. Much of those responses were geared around looking at specific assets and services and having the individuals necessary to do that work, how important they are and how well they are doing. Mr. Craft said that much of that information was helpful for them in identifying specific strategies. The format right now is to move forward with the recognition that the 2017 Plan still has some in progress or have not been addressed. Whether they put them in the basket or roll them over is what they are doing. In addition, through the work groups they have been identifying signature strategies such as digital and economic development, and those will be incorporated into the plan as they move forward. He said that they still hope to get additional community feedback. The challenge is getting people interested and participating in virtual meetings due to COVID. He said that they have been looking at virtual focus groups and have several ideas. They want to move forward, similar to what Parks and Recreation did with their survey. They hope to have the initial round of focus groups completed by early April so they can get something to Council in May or June, with enough information to assist in budget planning. Mr. Miller said that the way he has outlined next steps is outstanding. Despite setbacks, there is a high energy level on the part of members. They have some ideas and have narrowed down the top four priorities, which were all important. Mayor Dickey said that the partnership between SPAC,Vision Fountain Hills, the Council and the public has been a positive force. She said that the Town Council is having their Retreat on February 23 at 8:30 a.m. They are doing it online and she hoped that people would watch to see what they are talking about. She said that the Council appreciated all that the Commission does. 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 Alan Magazine, SECONDED BY Councilmember Peggy McMahon to approve the Consent Agenda items. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION OF approving the meeting minutes of the Regular Meeting of February 2, 2021. Town Council Regular Meeting of February 16, 2021 4 of 10 7. REGULAR AGENDA A. CONSIDERATION OF agreement C2021-033 between the Town of Fountain Hills and Precision Sweeping Services, LLC, for street sweeping services. Mr. Miller said that several years ago the Town used to provide this service, but after an evaluation of services versus outsourcing they found it was much more economical through outsourcing. Mr. Weldy said that their first RFP went unanswered so they reached out to other cities. They were able to convince a vendor from another city to come on board and those contracts have now ended for various reasons. The contract being proposed is through the City of Mesa. He said that they invited the vendor out and discussed the Town's needs with them and they sent a proposal. Having read it and sharing it with the Town Manager and Finance Director, they believe it is in the best interest of the Town, and is affordable. He said that it is important to note that while the contract is higher than what they charge Mesa, the Town has about 1,200 center lane miles, while Mesa has 16,000. The negotiated price is about $62/center line mile; the previous contract was $60. While the overall cost for the center line miles is $80,000 staff is requesting $90,000 as they would also have them available for emergency sweeping, such as special events, or storms. He said that they are on-call and do not charge a minimum fee like the previous vendor did (4 hour minimum). This one also is about $10/hour less than what they had in the past. Councilmember Scharnow said that he knew that in the past when the Town did this work they had to dispose of the waste in a special piece of equipment kept at the yard. He asked if they would be using that or if they would dispose of it. Mr. Weldy said that in the past, in order to comply with state and county regulations, they had a "car wash" and they could not clean or rinse anywhere except for an approved container. In this case, they will place a dumpster at the street yard. Once it is full it will be shipped to an approved landfill. Councilmember McMahon asked what they are doing right now. Mr. Weldy said that they are currently using the previous sweeping service. They do residential streets every eight weeks and arterials/collectors every three weeks. He said that once this contract is approved, they will send them a Notice to Proceed along with a purchase order and they will begin within the next few weeks. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Peggy McMahon to approve contract C2021-033 between the Town of Fountain Hills and Precision Sweeping Services, LLC, in the amount of$90,000.00 annually for street sweeping services. Vote: 7 - 0 Passed - Unanimously B. CONSIDERATION OF Authorizing the Town Manager to execute a contract for the emergency replacement of playground equipment in Fountain Park. Town Council Regular Meeting of February 16, 2021 5 of 10 Mr. Miller said that due to some failing children's playground equipment at Fountain Park it needs to get replaced quickly. Usually they would have the Town Manager do an emergency purchase, but since they had time to bring this to the Town Council they decided to do that. Community Services Director Rachael Goodwin said that they found some damage at the Fountain Park playground that poses a safety concern. The replacement piece far exceeded what wa expected and they could see there were other elements coming down the pike. They identified that they have the funding to replace the full piece vs. piecemealing it. The equipment was installed in 2005 and life spans for such equipment in the desert is usually around 12 years. It is the most heavily used facility in Town, and it is used yearround. She then showed pictures of the damaged pieces which included the stairs and rusting at points. She said that they do playground inspections every two months. She said that staff is recommending that the entire structure be replaced. What they are proposing is a much larger structure than they have now and accommodates more kids. She said that they have been working with the developer and they have discounted the new structure and realize it needs to be done quickly. Councilmember McMahon asked about the shade canopies. Ms. Goodwin noted that the picture showing the new equipment includes small shade canopies, but they would not be included since they are already covered by a huge shade structure over the entire playground. Councilmembere Friedel asked what effect the sun has on the equipment and if there is a process or product to help mitigate that. Ms. Goodwin said that to her knowledge that is why they do the large shade canopies as to extend the life of the equipment. The products have come a long way and there are built-in UV strategies. Mr. Miller said that they are fortunate that while the climate is hard, plastic holds up pretty good and is not hot. Where they have had the failures is with the structural parts. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike Scharnow to authorize the Town Manager to execute a contract for the emergency replacement of playground equipment in Fountain Park, in an amount not-to-exceed $60,000 Vote: 7 - 0 Passed - Unanimously C. CONSIDERATION OF modifications to the draft sign ordinance. Mr. Miller said that the Council heard a presentation at the January 19, 2021, Council meeting from the Development Services Director, John Wesley, on a proposed Sign Ordinance. He said that tonight they will be reviewing some issues that were raised at that meeting, and he believed that it will take a few more meetings before staff is able to bring back a final document for a public hearing and possible adoption. Mr. Wesley added that depending on what changes the Council requests, he will need to get with the Town Attorney to determine whether those changes will first need to be taken back to the Planning and Zoning Commission. He then began his presentation which addressed: Town Council Regular Meeting of February 16, 2021 6 of 10 A-FRAME CONSTRUCTION/MATERIALS Discussion was held on proposed changes being subjective rather than objective. Council agreed to not list those materials that would not be permitted. Ultimately, Council agreed to not change the current wording. TIME OF USE FOR TEMPORARY SIGNS Discussion was held on the fact that some businesses take down temporary signs when they are not open, while others keep them up. The Council discussed whether they want to allow for any type of signs in the rights-of-way. Mr. Arnson said that his recommendation is that if they want to pursue prohibition of signs, realizing there may be some unintended consequences, the Council could direct staff to research what Gilbert and others do with those. Vice Mayor Spelich said that he was not in favor of doing anything that will hurt businesses. He went to a bakery over the weekend and they told him that a lot of their business is because of their signs. As well, others like Chocofin and the Vitamin Center, rely on those signs for business. Mr. Wesley noted that the Code today allows the temporary signs. Councilmember Grzybowski said that she agreed. If businesses have to move their signs back off of the right-of-way they will not be seen. She suggested that perhaps they could allow it in the Downtown Area. Councilmember Scharnow said he understood what they were saying and cannot say he disagreed, but it becomes a no-win situation. If they cannot differentiate between the types of signs it makes it difficult as he does not want to hurt businesses, but he also does not want a bunch of signs. Councilmember Magazine asked if they could require a permit process. Mr. Arnson said that he did not know what would prohibit it. Mayor Dickey said that Gilbert requires a permit. Councilmember Grzybowski said that then they are asking the businesses for money and turning it back into a more subjective system. Mayor Dickey suggested that staff look further into what Gilbert does; they would not need to charge for the permit and there may be answers to be found. Councilmember Scharnow agreed. He said that if it came down to no a-frames or requiring a permit, he did not think that a permit would jeopardize anyone's business. Mr. Wesley said that they could look at allowing them in the shopping center overlay district, having different standards in other zones. RESIDENTIAL DIRECTIONAL SIGNS Vice Mayor Spelich said that if they required a permit, they could have a sign that would be allowed given by the Town so they would all be uniform. Mr. Wesley said that is an idea, or they could show them samples. He could work with Mr. Larson. Councilmember Magazine said that was a great idea. Councilmember Grzybowski asked if they had talked with the realty community about numbers. Mr. Wesley said that he had not directly, but Commissioner Dempsey is a realtor and she was supportive of the proposed number. BANNER PERMITS FLAGS AND FLAGPOLES Town Council Regular Meeting of February 16, 2021 7 of 10 Mr. Wesley said that the pole height is determined by the size of the property and if they were to fall they have to fall on private property. Vice Mayor Spelich said that he personally knows of five residences that have a flag pole in the front and in the back; he asked how they would handle that. Mr. Wesley said that anything already in place would be grandfathered but if they were to fall, they could not be replaced. Mr. Miller asked about Town properties; they need consideration of various governmental businesses. Councilmember Friedel asked about the Legion and those types of facilities. FLAGS VS. BANNERS Discussion was held on temporary banners and whether paper should be permitted. Councilmember Magazine said that he was okay with it, but he thought the time should be lengthened. Mayor Dickey said that she felt it would be self-limiting. Councilmember Scharnow said that this past political season they saw a lot of banners. Mr. Wesley said that currently the Code does not allow any banners in single-family residential areas. Councilman Scharnow said that he did not believe they should change it. Councilmember Magazine said that as patriotic as he is, he would not want to wake up and see a huge American flag on the neighbor's house. Mayor Dickey said that she would like to see them keep the pole requirement. Vice Mayor Spelich said that if he lived in a Condo and wanted to hang up a flag, he would be opposed to the change. The Town Council was okay with leaving it as it is for now. POLITICAL SIGNS Councilmember Magazine asked how this would affect restrictions in HOA's; it would be helpful to get clarification. Mr. Wesley said that currently they do not allow them in the medians or frontage road medians, and that would apply to this as well. Mayor Dickey noted that the statutes do have time limits on when political signs can go up. If they treated every sign like that they would have that same time limit. She said that when the statute was changed to allow them in the right of way, towns were also allowed to have a Sign Free Zone. The Town currently has one that covers the major arterials and it still applies. Technically, she said, they do not have to allow political signs in the rights-of-way within the Sign Free Zone. They would still be permitted in other zones. Mr. Wesley said that currently they are not proposing changes to balloons and neon signs, and electronic signs. He said that when they took the draft Code to the Planning and Zoning Commission they worked with sign companies to see if they would reduce the 100 nits, but all agreed the 100 nits is what is needed. Staff was asked if they were able to limit the number of electronic signs within an area. Mr. Wesley said that as long as they are regulating time, place or manner they could, but outside of that it is more difficult. Councilmember Magazine asked that staff look into that further. He said that this is all very complicated stuff and he thanked Mr. Wesley and his staff, noting that they had done a superb job. Town Council Regular Meeting of February 16, 2021 8 of 10 D. DISCUSSION WITH POSSIBLE CONSIDERATION relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature. Mayor Dickey said that anyone that has been on the League calls knows that they have added even more bills. Mr. Miller said that the call this morning they heard about one for the first time: SB1687 would prohibit governmental use of social media with its residents or people. After a brief discussion Council agreed to oppose this bill. HB2211 Mr. Miller said that this continues to come back trying to apply sales tax at the point of sale, which would have a large impact on the Town. The League believes this is a bad public policy. Council agreed to oppose this bill. HB2685, HB2458 and SB1428 Council agreed to support these bills. SCR1040, eliminating the income tax. HB2716, building permits. Mr. Miller said that this bill requires towns to approve building permits within seven days and they cannot be prioritized. Council agreed to oppose this bill. Councilmember Magazine asked for clarification on HB2551. Mr. Arnson said that his understanding of the bill is that currently statutes prohibit anyone from bringing in a firearm to an establishment unless there is a locker in place. This bill would change that requirement that anyone who brings a deadly weapon into a public event or facility would be allowed with a few exceptions such as a secured facility, court, etc. He said that the Town could not prohibit someone from bringing in a weapon unless they had some sort of safety protocol. After statistics were shared with the Council, Vice Mayor Spelich said that he was not familiar with the bill but the statutes strictly govern concealed weapons. He would be shocked if the offenders are people that have Concealed Carry Weapon certification. If it limited those with a CCW he would not support it at all. Councilmember Magazine said that he was quite sure that the training has been eliminated. Discussion was held on the required training to own a gun. Councilmember Grzybowski reviewed what steps she took in order to obtain a CCW. Councilmember McMahon said that she did not understand the need for the bill. Mayor Dickey asked why this would be exempted for courts. Vice Mayor Spelich said that there is no courtroom without security. Even if someone is in plain clothes, and has a CCW, they will not get past the guard. Mayor Dickey said that this is a dangerous thing to Town Council Regular Meeting of February 16, 2021 9 of 10 allow in a courtroom. She did not understand why they are exempt if not for the idea that they are dangerous. She thought that it is a dangerous idea to allow them in Town Hall and at public events. Vice Mayor Spelich asked Mayor Dickey if she thought people were not bringing guns to those places. MOVED BY Mayor Ginny Dickey, SECONDED BY Councilmember Peggy McMahon to oppose the bill (HB2551). Vote: 4 - 3 Passed NAY: Vice Mayor David Spelich Councilmember Mike Scharnow Councilmember Gerry Friedel Councilmember Magazine brought up the bill regarding school vouchers. He said that it is taking money away from the public schools when they already have tremendous problems with teaching shortages. Councilmember Grzybowski asked if this was not the question that voters voted on in 2018. Councilmember Scharnow asked if this was not something that should be taken up by the School Board. Councilmember Magazine said that it affects their students and families and he did not think they should draw a line between what the School Board and Town Council can do. They are sworn to protect the health, welfare, and safety of residents. Vice Mayor Spelich said that he would abstain from voting as he was employed by the Arizona Department of Education. Councilmember Magazine said that he read it many times over and they have hundreds of people teaching that do not have certificates. Vice Mayor Spelich said that if someone teaches in a public school in Arizona, they have to be certified; charter schools are different. Mayor Dickey reported that Representative Kavanagh's bill, HB2481, regarding short-term rentals got out of committee and anything anyone can do to support it would be good. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Sharron Grzybowski to oppose the bill. Vote: 6 - 0 Passed - Unanimously 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. Councilmember Friedel said that several people have reached out to say they would like to have the Council hold meetings in the Community Center so there would be enough room for the public to attend, following the social distancing guidelines. Vice Mayor Spelich said that he agreed. Vice Mayor Spelich said that the Council received a letter regarding the signs around Town being in bad shape, which they are, and he would like to have staff price out their Town Council Regular Meeting of February 16, 2021 10 of 10 replacement. Mr. Miller said that they are fine-tuning the CIP and it will be discussed at the Budget Retreat. 9. ADJOURNMENT The Regular Meeting of the Fountain Hills Town Council held February 16, 2021, adjourned at 7:50 p.m. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Alan Magazine to adjourn. Vote: 7 - 0 Passed - Unanimously TOWN OF FOUNTAIN HILLS Ginn ickey,CVlayor K" ATTEST AND PREPARED BY: Eliza et urke, Town erk 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 16th day of February, 2021. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of March, 2021. Eli abeth ke, Town CI r