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HomeMy WebLinkAbout2021.0518.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 18, 2021 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the meeting of May 18, 2021, to order at 5:30 p.m. and led the 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 Gerry Friedel; Councilmember Peggy McMahon; Councilmember Alan Magazine (telephonically); Councilmember Sharron Grzybowski Staff Acting Town Manager David Trimble; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Klein 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Mr. Trimble reported that he was sitting in for Mr. Miller in his absence. He then invited Community Services Director Rachael Goodwin forward to share her good news. Ms. Goodwin reported that she had just received news that the Town of Fountain Hills is one of four finalists being considered for the Gold Medal for communities with 30,000 population or less, from the National Parks and Recreation Association. She thanked the Council, Commissioners, volunteers and staff for their support. She said that they have 13 full-time and 15 part-time employees in her department. The next step in the process is they must submit a five-minute video by June 1, 2021, and then they will not find out the winner until it is announced at the National Conference the end of September. Councilmember Magazine noted that he was present telephonically. Councilmember Grzybowski reported that she, along with a few other councilmembers, greeted drivers of the Barrett Jackson road trip, and she attended both League calls. She also attended the GPEC Regional Report on Grid Electrification and EV Energy where it was stated that the energy they are using today needs to be changing. The report indicated that 2020 EV sales increased 43% globally and many business models are looking to include onsite charging stations. Vice Mayor Spelich said that he filled in for the Mayor at the recent Barrett Jackson road trip, where they had 43 classic cars from all over the country photographed in Fountain Town Council Regular Meeting of May 18, 2021 2of10 Hills. He and Peter Volny addressed the crowd and Craig Jackson and his wife personally thanked them. He talked to a lot of the car owners and they were really impressed with Fountain Hills. Some showed interest in donating to the planetarium and he thought they would get some good press. Councilmember Friedel said that he also attended the Barrett Jackson event which was fantastic. He also attended the GPEC EV event and they had many training initiatives to bring people up to speed on EV. He attended the Chamber's stakeholder meeting for financial professionals. He said that there are so many good financial professionals in town, and they are planning more meetings and accreditation. He said that he also attended the Fountain Hills Days where they had a lot of vendors at the theater. Councilmember Scharnow said that he missed the stakeholder meeting, but did attend a ribbon cutting for the Fountain Hills Medical Center where they had a huge crowd and a good reception. He also has a Valley Metro meeting tomorrow. He said that the attended a Coalition Sector meeting the other week, and they are getting a new School Resources Officer at the High School and the Assistant Principal at the High School is leaving. Mayor Dickey recognized May as Asian Pacific American Heritage Month. She attended the GPEC Mayors/Supervisors meeting and the East Valley Mayors' luncheon. She also attended the Mayor's Youth Council final dinner; they have done great work this year and most will be back in the fall. She attended the East Valley Partnership annual meeting with Board Member McMahon who gave a PowerPoint (thanks to Amanda and James) about Fountain Hills focusing on health and wellness, outdoor lifestyle and featuring the Fountain Hills Medical Center. She attended the ribbon -cutting for the Medical Center and their Emergency Room and she is already hearing many stories from residents happy they are in Town. Phase 2 is set to start sometime next year, and it will incorporate operating rooms to allow for general and orthopedic surgeries as well as specialized procedures. There are no plans for any other use. They also held Fountain Hills Days at the Theater featuring groups and businesses, and she thanked the Chamber for their work on that. She reported that the director of the Museum has resumed her video archiving about Fountain Hills along with the Library Association. She and her sisters met with Cherie and Shelley for their cover of 30-year plus residents. They have completed several interviews and I look forward to seeing the anecdotal and personal history of the Town. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION of MAG (Maricopa Association of Governments) Homelessness Efforts. Town Council Regular Meeting of May 18, 2021 3of10 Amy St. Peter with the Maricopa Association of Governments (MAG) gave a presentation on homelessness efforts. She said that she was there to provide information and hear from the Council to ensure that regional issues are aligning with local concerns. The presentation addressed: FOCUS BUILDING THE INFRASTRUCTURE REGIONAL RESPONSE TIMELINE VISION AND MISSION REGIONAL PROCESS TO DEVELOP STRATEGIES OUTREACH SURVEYS DATA ANALYSIS RESEARCH CONDUCTED EMERGING STRATEGIES MOVING FORWARD HANDUP NEXT STEPS FOR MORE INFORMATION Ms. St. Peter said that they are working with the native nations, and if anyone wanted more information of the overall program they could visit https://azmag/gov/Programs/Homelessness. Councilmember Scharnow said that transportation is usually a big issue, and he asked if it was possible for MCSO to take the homeless to shelters. Ms. St. Peter said that transportation is a critical issue. She said that they do have outreach teams that serve the region that do excellent work. It takes time to build rapport with those dealing with homelessness. They are experts in being able to work with those in the situation to understand their needs and available options, and then connect them with services. Mayor Dickey said that this is a new topic for all of them and it has increased. She said that MAG is their planning organization for transportation, and there are not a lot of services here. It is important for them to look at this as a huge issue. She said that they have problems especially with solicitation. They have increased their budget, and in light of what MAG is doing they are part of that solution. She said that they appreciate the data -driven information and she expects there will be more to find out about. 6. 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. Larry Meyers, Crystal Cavanaugh, and Thomas Jacobs, all from Fountain Hills, voiced concern with the detox facility. Mr. Meyers noted that he traveled to the west side of the Valley for pool parts, and it is next to a detox facility and he was accosted when he went there yesterday. Ed Stizza, Fountain Hills, said that he was there to talk about the proposed crosswalk, but Town Council Regular Meeting of May 18, 2021 4 of 10 since they are still talking about detox facilities and homelessness, if they go to the new medical center there is a gentleman out there, and sometimes as many as four. People living here are not there for that (type of activity). With regard to the crosswalk, he voiced concern with lighting, and he noted that the area at Panorama and Saguaro made more sense. Carol Ann Naso, Fountain Hills, submitted a written comment card which was read by the Town Clerk, also opposed to the detox center. Councilmember Friedel asked the Council and Mayor if it would be worth asking staff to bring back an informal report on regulating detox centers. Councilmember Magazine said that there has been no application. Mayor Dickey said that they will discuss this with staff after the meeting and determine how to address the issue. 7. REGULAR AGENDA A. CONSIDERATION OF the annual report on the implementation of the General Plan. Development Services Director John Wesley said that the state statutes require an annual report be given to the Council after the general plan is adopted, so that has been included in the packet. He gave a brief presentation that addressed: GENERAL PLAN ANNUAL REPORT PURPOSE OVERVIEW OF THE REPORT MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Peggy McMahon to accept and file the 2020 General Plan Annual Report. Vote: 7 - 0 Passed - Unanimously B. PUBLIC HEARING AND CONSIDERATION OF Resolution 2021-02, declaring the 2021 Sign Ordinance a public record, and adoption of Ordinance 21-09 amending Section 1.12 of the Zoning Ordinance to remove definitions of signs and repealing Chapter 6, Sign Regulations in the Zoning Ordinance and replacing it with a new Chapter 6, Sign Regulations. Mr. Wesley gave a PowerPoint presentation (Exhibit A attached hereto and made a part hereof) which addressed: PROCESS SUMMARY OF CHANGES LOCATION FOR TEMPORARY SIGNS Mayor Dickey opened the Public Hearing. Mayor Dickey asked if there are areas more than 15 feet behind the pavement that would still be in the right-of-way. Mr. Wesley said there are; sometimes the right-of-way is larger Town Council Regular Meeting of May 18, 2021 5 of 10 than that, but this would provide some assistance for code enforcement. Councilmember Friedel asked how many businesses were involved in the prior discussions on the sign code when it was being developed. Mr. Wesley said that they had two or three businesses and a representative from the Chamber, along with a representative from a local sign company. Vice Mayor Spelich said that he vehemently opposes limiting businesses, especially those that are struggling. He has used the example of Sunbaked Bakery on Parkside who said that if she was not allowed to put her sign out people would not know where she is. It is imperative that they think very thoughtfully about the decision they are going to make. A lot of people think he does not care; he cares, he just does not want to put restrictions on businesses. Councilmember Grzybowski said that she completely agrees with the Vice Mayor. They got an e-mail from the Scottsdale Area Association of Realtors, and they are asking for three feet from curb or sidewalk. They said that 15 feet will put it at their front doors. She said that the vitamin store is a great example; she felt that they could do better than 15 feet behind the curb. Councilmember Magazine said that he was familiar with the Vitamin Shop and the Bakery, and asked if they had property in front of their business. Councilmember Grzybowski said that there are two parking spaces and a driveway; if they put it on the sidewalk, it will not be seen any more than the sign on the building. Mayor Dickey said that she understood what they were saying, but she thought that the Council had previously agreed to having a no -charge permitting process for those that really had no personal property on which to place a sign, and she did not see that in the proposal. Councilmember Friedel said that he did not think this has been properly thought out. They need to do more work on it; he cannot get behind it. Businesses are restricting hours because they cannot get employees. They should be finding ways to help the businesses. Councilmember McMahon said that the emphasis on helping businesses is overshadowing the purpose of the ordinance. They all want the businesses to thrive. Regulating where signs can be put is appropriate for the Council to consider. Councilmember Magazine said that he has heard from many people in town that are sick and tired of seeing the signs all throughout town. It is unattractive, and what is being proposed is a reasonable compromise. Mayor Dickey said that she would like to bring up what they had agreed on in the past meetings. Councilmember Friedel asked how many businesses in this situation they have. At this time, Mayor Dickey opened it up for public comment. The following individuals addressed the Council: Art Tolis, Fountain Hills, said that this is ill-timed. They are just starting to see a lot of activity in businesses trying to make a living. He said that this has come up for 15 years. They have to create the critical mass in town. They should table this and have a sign Town Council Regular Meeting of May 18, 2021 moratorium extend to the end of this year. 6of10 Tim Sciutto, DC Bar and Grill, Fountain Hills, said that this would hurt them with their location being off the main street. He said that they had a sign, actually provided by the Town, in the past. This has been a difficult year, but they were able to put up the little a -frame, and he has had so many people come in and say they have lived there for 20 years and never knew they were there. He said that he lives in Gilbert and when he drives home the businesses right on the street have a -frame signs up every day. He said that ADOT took another approach with having signs that allow people to purchase a spot; maybe the Town should provide directional signs. Roy Arwsmeier, Fountain Hills, said that he owns a mini -storage place and within days of putting out their a -frame sign they get business. Janet Baker (Faith), Fountain Hills, said that many times before she lived here she would be absolutely lost without the wonderful, quaint signs. The Council wants to be a Tempe, Mesa, Scottsdale; perhaps they should change their eyes and appreciate the neighborhood, small-town signs that help businesses. Ed Stizza, Fountain Hills, said that it is ridiculous to table the item; just come up with a different solution thinking outside the box. Perhaps they could come up with signs that are decent and congruent, making them all the same. Town Clerk Elizabeth Klein noted that she had two written comment cards, from Michelle Webb and Denise Dunning Ricketts, Fountain Hills, in opposition to the sign ordinance. She then read a comment from Jay Schlum, Fountain Hills, who suggested the three feet back with no a -frames on sidewalks or within center medians. Councilmember Scharnow said that before he is accused of being anti -business, the timing is not meant to punish anyone, but was brought on because of the Supreme Court ruling. He said that the Town invested $300,000 in business grants struggling during the pandemic, they paved the downtown, provided sidewalk infill, enhanced traffic and safety for pedestrians and vehicles in the downtown area to make it more walkable. They all want the store fronts full. This year they had $203,000 in the budget for tourism and cosponsored many special events. Next year they have $211,000 budgeted for tourism efforts. They do a lot of collaboration with the Chamber. There are many options available for businesses to advertise --print, direct mail, coupon paks, leads group, service clubs, mixers, ribbon cuttings, and word of mouth is still one of the best ways to be known. He said that some businesses still struggle, even with a -frames. He said that he would consider coming in a certain distance. Councilmember McMahon said that she agreed with Councilmember Scharnow. This discussion is really about locale. Mayor Dickey said that they cannot regulate based on content. She reminded everyone of how they felt with the message signs along the main road. If they allow one type, they have to allow all types. She said that she wants the residents served by the businesses and she wants the businesses to thrive. Something like DC Bar and Grill, that would need a permit at no cost. She said that she did not think that the action they are proposing is doing the damage others are claiming. Councilmember Grzybowski said that she knew they could not underwrite the content of the signs, and she received e-mails from residents upset about signs, especially political signs, Town Council Regular Meeting of May 18, 2021 7of10 which the Town cannot regulate. She does not think that permitting is the route to go as it is subjective, and they will be accused of favorites. Mayor Dickey closed the Public Hearing. MOVED BY Councilmember Alan Magazine (telephonically), SECONDED BY Councilmember Mike Scharnow to adopt Resolution 2021-02 and Ordinance 21-09, as well as direct staff to design a hardship process to be brought back. Mr. Wesley noted that clarification was needed on the 15-foot setback issue. MOTION WAS RESTATED to include a 15-foot setback for temporary signs in the right of way. Discussion then ensued about how to withdraw a motion, and how to craft a hardship process. Councilmember Magazine WITHDREW HIS MOTION, to which there was no objection and stated his intent to make two motions. MOVED BY Councilmember Alan Magazine (telephonically), to adopt the resolution and ordinance, with a 15-foot setback requirement. MOTION FAILED for lack of a second. Mr. Arnson confirmed that no motion was pending; discussion ensued. MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Alan Magazine (telephonically) to adopt the resolution and ordinance to include a prohibition on temporary signs in the right-of-way. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan Magazine (telephonically) to amend the main motion to include a 10-foot setback from the curb rather than a prohibition on signs in the right-of-way. Vote: 2 - 5 Failed AYE: Councilmember Mike Scharnow Councilmember Alan Magazine (telephonically) MAIN MOTION to adopt the resolution and ordinance to include a prohibition on temporary signs in the right-of-way. Vote: 4 - 3 Passed NAY: Vice Mayor David Spelich Councilmember Gerry Friedel Councilmember Sharron Grzybowski Town Council Regular Meeting of May 18, 2021 8of10 A break was held from 7:40 p.m. to 7:49 p.m. Councilmember Magazine left the meeting at this time. C. HOLD A PUBLIC HEARING AND CONSIDER Ordinance 21-00 amending Section 5.07 B. of the Zoning Ordinance as it pertains to the types of flags on flagpoles exempt from height requirements. Mayor Dickey opened the Public Hearing. Mr. Wesley explained that this was a change to Section 5.07B of the Zoning Ordinance that will now state that if a flagpole falls and stays on its property, it is permitted. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Peggy McMahon to adopt Ordinance 21-10. Vote: 6 - 0 Passed - Unanimously D. CONSIDERATION OF approving the Cooperative Purchasing Agreement 2021-052 with Climatec, LLC for replacing Fire Alarm Control Panels in the Community Center, Library, and Museum. Mr. Weldy said that as part of the budget process and CIP for this fiscal year certain projects were selected as a priority due to the financial situation. In December of last year, staff came back with an update and provided the remaining CIP projects for moving forward. He said that they have faced some challenges with these devices due to the suppliers wanting the Town to enter into agreements that were not in the best interest of the Town. They did solicit three of the vendors and each had proposals. The vendor selected was not the least, but they were the least intrusive. Their cost was higher than the dollar amount originally allotted, and further information is spelled out in the staff report. He said that the intent is to have this work done before June 30, especially in the community center where they will be making changes. If anything happens in the library the can take care of those at that time. A comprehensive study was done on the control panel. Due to its age it is not feasible to continue to expect it to last beyond its lifespan. Councilmember McMahon asked about the ten percent owner's allowance, and if there is a monthly cost to keep these going. Mr. Weldy said that the owner's allowance is to cover the unknowns, but it is at the Public Works Director's discretion and not a cent will be paid unless it is proven to be needed. He said that there is a separate contract for monitoring. That will be back for a renewal with an increase; it covers fire alarm monitoring and security cameras. Town Council Regular Meeting of May 18, 2021 9of10 MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Peggy McMahon to approve Cooperative Purchasing Agreement 2021-052 with Climatec, LLC for Fire Alarm Control Panels in the Community Center and Library/Museum, in the amount of $111,749.00, which includes a 10% owner's allowance. Vote: 6 - 0 Passed - Unanimously E. CONSIDERATION OF Resolution 2021-12 Decommissioning and Removing Town -Owned Artwork from Public Display. Ms. Goodwin gave a brief PowerPoint presentation which addressed: FOUNTAIN HILLS PUBLIC ART PROGRAM COMMUNITY CENTER RENOVATIONS DECOMMISSIONING POLICY DECOMMISSIONING PROCESS MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron Grzybowski to adopt Resolution 2021-12. Vote: 6 - 0 Passed - Unanimously F. 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. Mr. Trimble noted that the Town has already sent letters to the entire legislature. Mayor Dickey said that today they sent the Town a flat amount, and they will stop giving it to the cities/towns in 2024. She said that a higher percentage was included to help offset the effect on cities/towns, and they said it is in the budget, but it is not visible. She said that as an appropriation it could be easily removed in a future budget. Councilmember Scharnow reported that HB2682 had some regulations about vaping. The League and representatives oppose the legislation, but it passed with an 18-12-2 vote. He asked for consideration on that bill. Mayor Dickey asked that they find out where it is at, and Council consensus was to oppose it. G. DISCUSSION WITH POSSIBLE DIRECTION regarding proposed policy ideas submitted to the Arizona League of Cities and Towns for consideration by the Resolutions Committee. Mayor Dickey said that this item is to provide an opportunity for councilmembers to bring up any issues for which a League resolution would be appropriate that she could have submitted for the Resolutions Committee to consider prior to the annual meeting. Vice Mayor Spelich reported that the police agencies are having a hard time; they are asking retired officers that are post -certified to join agencies. Mayor Dickey noted that the deadline for submissions was next week. Town Council Regular Meeting of May 18, 2021 10 of 10 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. Vice Mayor Spelich submitted a formal request to have the Town Attorney review the voting on the sign ordinance to make sure that it complied with all rules and if it is found incorrect, that the vote be null and void and be brought back to Council. Mayor Dickey recapped what had previously been discussed in the meeting regarding signs, to have staff develop a permitting process for signs needed in the right-of-way, look into some form of directional signs, and also consider a grace period for enforcement. 9. ADJOURNMENT MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Vice Mayor David Spelich to adjourn. Vote: 6 - 0 Passed - Unanimously The Regular Meeting of the Fountain Hills Town Council held May 18, 2021, adjourned at 8:15 p.m. TOWN OF FOUNTAIN HILLS i CIL, Ginn icke Mayor ATTEST AND PREPARED BY: lizabe . Klein, Town Clerk CERTIFICATION 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 18th day of May, 2021. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of June, 2021. 4 4'zabe4thelei n,Town Cler