HomeMy WebLinkAbout2021.0921.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 21, 2021
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey
2. MOMENT OF SILENCE
A Moment of Silence was Held.
3. ROLL CALL—Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Alan Magazine; Councilmember Mike
Scharnow; Councilmember Gerry Friedel (telephonically); Councilmember
Sharron Grzybowski; Councilmember Peggy McMahon; Councilmember David
Spelich (telephonically)
Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson (telephonically);
Present: Town Clerk Elizabeth A. Burke
4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
Town Manager Grady Miller reported that next week the Town would be hosting the
Leadership Academy and they were looking forward to greeting the new 16 members.
Councilmember Grzybowski reported that she attended a virtual meeting of the Fort
McDowell Yavapai Nation to accept a grant for area golf courses.
She attended a meeting with Mr. Miller and Councilmember Scharnow, and the sodium
work group with Fountain Hills Sanitary District, in preparation of the joint meeting
scheduled for October 12, 2021. She also attended the meeting of the Greater Phoenix
Economic Council (GPEC) and two sessions by the East Valley group on infrastructure
and transportation, and economic vitality.
She also reported that they had their kick-off meeting last week of the Leadership
Academy and she was excited to have it started. She graduated in 2019 from the class
and they are now planning this year's sessions.
Mayor Dickey reported that she and Mr. Miller attended the GPEC Mayors/Supervisors
Quarterly Meeting.
She also attended the 9/11 Memorial Tribute held at the ampitheater, which was a
beautiful reminder on the 20th anniversary. She said that she read the proclamation and
there were models and flags presented.
Mayor Dickey was also present for the launch of this year's Leadership Academy, along
with Dori Wittrig.
Town Council Regular Meeting of September 21, 2021 2 of 12
A. PROCLAMATION: Declaring September as Ovarian Cancer Awareness Month.
Mayor Dickey read the proclamation and presented it to two representatives, both of whom
were ovarian cancer survivors. They thanked the Town for bringing awareness to their
cause.
B. PROCLAMATION: September 17 - 23, 2021, as Constitution Week
Mayor Dickey read the proclamation and presented it to representatives of the Daughters
of the American Revolution. They noted that sometimes there is a misunderstanding of
who they are. They are a nonpartisan/nonpolitical group that all have lineage to patriots of
the American Revolutionary War. Their mission focuses on three things: historic
preservation, education (especially regarding American history) and patriotism.
C. RECOGNITION: Outgoing Board of Adjustment Member John Kovac III
Mayor Dickey invited forward Board Member John Kovac, as well as Board Chairman
Paul Ryan and Vice Chairman Carol Perica, and presented Board Member Kovac with a
Certificate of Appreciate for serving 18 years on the Fountain Hills Board of Adjustment.
Chairman Ryan said that he and John have been close from their first day, and he would
miss him on his move, wishing him good luck and Godspeed. Vice Chairman Perica said
that they would miss him.
Board Member Kovac said that he was 85 years old, married for 63 years, and he was
thankful for the Town and staff, and for Chairman Ryan who kept the meetings running
smoothly.
5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A. PRESENTATION: By representatives of the Greater Phoenix Economic Council (GPEC)
Chris Camacho, CEO and President of GPEC, gave a PowerPoint presentation (attached
hereto and made a part hereof) which addressed:
GPEC
GPEC MAIN ACTIVITIES
BRANDING
COMPETITIVENESS
FY21 METRICS
FY22 QUICK OVERVIEW
CURRENT PIPELINE
REGIONAL RESULTS
5-YEAR TREND ON REVENUE RETURN
LOOK AHEAD
Colleen Schwab, Senior Vice President, Marketing & Communications, then gave a brief
Town Council Regular Meeting of September 21, 2021 3 of 12
review of the current housing market and how short-term rentals fit in, as well as
discussion on affordable housing.
Mayor Dickey said that she is hearing that things might be normalizing; they are trying to
do the best they can, and she appreciated all that they did.
Councilmember Grzybowski said that she used the term "affordable housing," but the key
is "workforce housing." She said that they want a place for nurses to live, the Fry's worker,
restaurant servers; they are not talking Section 8 housing.
B. PRESENTATION: Monthly Update by Captain Kratzer with Maricopa County Sheriffs Office
Mr. Miller noted that Captain Kratzer was unable to attend the meeting tonight, so he
would give his presentation next month.
C. PRESENTATION: Report on Valley Metro Gilbert Road Park & Ride Express Connection
(#515)
Deputy Town Manager/Administrative Services Director David Trimble gave an update on
the new Route 515 that is starting October 25, 2021. He said that they are hoping for more
ridership. They are hoping to see 33 riders use the new route versus the current 6 riders.
He said that Valley Metro has done outreach for this, sending out e-mails and performing
customer outreach surveys, so current riders should be aware of the change.
He said that they have three years'worth of funding for the new route. The last time the
current run will operate will be October 22, 2021. He said that the new route will consist of
two morning and two evening runs between Fountain Hills and the Gilbert Road transfer
station. They will still have to connect to other lines, but they will now have more options
available. He said that Valley Metro just launched a new app which allows a user to put in
their destination, and it brings up the different options. They have also done outreach in
the Town's Insider publication and on the web page.
Mayor Dickey said that it has been a lot of work and good progress made by Mr. Trimble.
She said that they appreciated his work.
Councilmember Scharnow said that it is a big ask to have people ride public
transportation. Valley Metro has worked hard over the last few years to improve routes
and have more of a presence with the light rail. The old route has never had much
participation. He encouraged people to try it out.
Mr. Trimble said that the Town receives $65,000 a year from the Arizona Lottery Fund,
and they have built up enough to carry the Town for the next three years.
Mayor Dickey asked if they would be doing local outreach and if there would be a ribbon
cutting. Mr. Trimble said that he did not think they were planning an event, but they are
doing local outreach and he has been working with the Town's PIO to do things through
social media.
Town Council Regular Meeting of September 21, 2021 4 of 12
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.
Dave Caribardi, Fountain Hills resident, addressed the Council regarding a proposed
11-lot subdivision on Log Lane. He said that it is one of the steepest streets in Town and
now they are proposing to put more traffic on it. He asked that the Council not grant any
variances or special cut/fill waivers.
Mr. Miller noted that Angela has set up a time for him to meet with Mr. Caribardi.
7. 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 Vice Mayor Alan Magazine, SECONDED BY Councilmember Sharron
Grzybowski to approve Consent Agenda Items 7A and 7B.
Vote: 7 - 0 Passed - Unanimously
A. CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular
Meeting of September 7, 2021.
B. CONSIDER AND POSSIBLE ACTION ON the Final Plat for Adero Canyon Phase II Parcel
3, A replat of Tract 3-A and a portion of Tract D-2 of Adero Canyon Phase II, a 41 lot,
single-family subdivision in the Adero Canyon PAD.
8. REGULAR AGENDA
A. PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Special Use Permit to
allow residential uses on a 0.58 acre property in the Community Commercial (C-C)zoning
district at 17134 E. Kingstree Blvd., generally located at the northwest corner of Saguaro
Blvd. and Kingstree Blvd.
Mayor Dickey opened the Public Hearing and Senior Planner Farhad Tavassoli reviewed
the application. He said that the 25,350-sq. ft. subject property, located at the northwest
corner of Saguaro and Kingstree Blvd., is vacant and zoned C-C (Community
Commercial). The allowable uses in this zoning district are identical to the C-1
(Neighborhood Commercial and Professional) zoning district, but allows for common
parking areas rather than parking on individual Iots.The property at this corner is part of
Town Council Regular Meeting of September 21, 2021 5 of 12
Plat 202, which was platted in 1972 for this type of development. Currently, this block of
Plat 202 houses a church, martial arts studio, dance studio, offices, and a restaurant.
There are also several condominiums east of the alley, behind the commercial parcels.
The common parking area contains 174 stalls, including 9 ADA-compliant stalls.
REQUEST
Mr. Tavassoli said that the applicant is proposing a small mixed-use development. The
purpose for the special use permit request is to allow the residential component of the
development in a commercial zoning district, as required by the zoning ordinance. The
project will consist of three, two-story buildings. The largest building will be to the east,
facing Saguaro Blvd. This building will feature a variety of office suites on the first floor,
including a break room and conference room. The upper floor will consist of four residential
units.
Buildings A and B to the west will feature as many as eight live/work units. The applicant
envisions uses such as cafes, art studios, beauty salons, and professional services on the
ground floor, with a residential upper floor for each business. There will be a central
courtyard with landscaping and outdoor seating. The applicant has provided color
renderings and building elevations to show facade treatment, wall articulation, varied
rooflines, and other modern architectural elements.
Vice Mayor Magazine asked if the first-floor offices could be converted to commercial. Mr.
Tavassoli said that both the first and second floor uses could be converted to commercial
by right, but it would require a tenant improvement so they would have to ensure there is
adequate parking available.
Mayor Dickey noted that an office is commercial use; the Council is not changing the
zoning. Right now they are asking that some of the commercial use be used for
residential. She said that this type of use has the least demand for parking.
Councilmember McMahon asked if the parking spaces to the west are for use by this
building. Mr. Tavassoli said that it is available to Plat 202. He said that it currently works
on a first come, first serve basis.
Councilmember Scharnow said that they had a letter of support from the property
manager. He said that it seems that the parking is an issue to be worked out among those
in Plat 202; it is not the Town's perview. Councilmember Grzybowski said that she owns a
piece of property in Plat 208, and they have a similar association. She said that when a
business goes in here, they realize that the parking belongs to everyone.
Vice Mayor Magazine asked what the height of the building was. Mr. Tavassoli said that
the height limit is 25' and the applicant is proposing 25'. Looking at the design guidelines,
there may be some allowance for nominal increases to accommodate different rooflines,
including HVAC.
Mr. Tavassoli said that at this point, they have renderings. Should the Council approve the
application, the applicant still has to go through one more entitlement process with the
Town staff, site plan review.
REVIEW STANDARDS
Nature of Use
Special Conditions
Town Council Regular Meeting of September 21, 2021 6 of 12
Proposed location of buildings, parking, etc.
Traffic impacts and influences on adjacent uses
CONCERNS
Mr. Tavassoli said that prior to the Commission meeting, and since then, concerns have
included parking and the sale of the project at the corner, and how it might affect visibility
issues or viewsheds. He said that the height limit is 25 feet. Other development standards
that would apply include setbacks, but in the Community Commercial zone there are
0' setbacks. There are retention and landscaping requirements. He said that they did
receive a letter of opposition from the Saguaro Ridge Condos to the west, and they
outlined a number of reasons why they were in opposition, such as:
1) Blocking views to the east. He said that with the existing contours there is a 16'
differential, so with a 25' building height, they are only talking about 9' that could affect the
view.
2) Sometime in the future the live/work units converting into residential units. He said that
this Special Use Permit is to allow what the applicant has detailed in the proposals--a total
of 12 residential units altogether. If they wanted to go beyond that they would have to go
through the public hearing process again and each unit has a fire rating requirement. It
would require some significant and expensive modifications. They would have to come
through the Town first.
Councilmember Grzybowski if most, or some, of the buildings in the complex are two
story. Mr. Tavassoli said that he believed the building in the center was two stories.
The applicant, Dan Kauffman, came forward to address some of the concerns of the
neighbors. He said that the overall project is 18 office suites on the lower levels. The back
two buildings will be live/work units and depending on the market, they will keep the
footprint the same, but may decrease the number of residential units. He said that the
Town and its developers need to change with the times; adapt to the changing market. He
said that he could build up to 50,000 square feet of buildings; he is proposing 45% of that
at 22,800 square feet and 10' setbacks. He considered this very modest. He said that the
dumpsters mentioned by the neighbors are already established; they will not need more,
and they are 200 feet away from the residences. He said that buildout of the property
includes this large of a building and the 174 parking spots that are available is what was
required for buildout.
The following individuals spoke in support of the project: Vincent Virgilia; Doug Katonak;
Jim Tait; Steve Alonso; Gerard Bisceglia;
Comments included:
• They will be living in the new development.
• This is one of the best communities he has ever seen; whoever is running the ship is
doing a great job.
• People in Town are nice.
• This is a nice project and will be another feather in the Town's cap.
• Has lived here over 45 years. Has seen a lot of businesses come and go. If they had had
something like this back then, there would have been a lot more people able to afford to
live/work in the same building.
• Has owned a business since 1975 and he resides in Town.
Town Council Regular Meeting of September 21, 2021 7 of 12
• He has seen a lot of changes, and has known Dan for 28 years. He is quite a successful
guy.
• This project is a great concept and he is a firm believer that they need more visionary
projects like this.
• He thought it would bring some new faces to Town, and possibly attract some younger
professionals.
The following individuals spoke in opposition of the project: Candace Miller; Aaron Brown;
Tom Frank; Tom Jensen.
Comments included:
• Traffic is a concern for her. She moved here 16 years ago from a quiet area in
Pennsylvania. She owned a home in Echo Hill, but three years ago she moved to this
neighborhood. If she had known how bad the traffic was going to be she would not have
moved.
• They will probably have to put up a light for all the traffic.
• He supports development, but Planning and Zoning Commission said no for a lot of
reasons already discussed.
• He is concerned that overflow parking will end up on the street and that may devalue the
area.
• Underground parking would be the best.
• With the setback they have in the drawings, they will turn that intersection into something
like Colony/Saguaro.
Town Clerk Elizabeth Burke noted that the following individuals had submitted written
public comment cards, all in support of the project: Ron Tovella, President, Plat 208;
Steven Vargo, Owner, MCO Realty; Michelle Kern, Broker, Fountain Hills Property
Management and Real Estate; Dan Fann, CEO, Desert Creek Mortgage; Gene Slechta,
26 year resident; Betsy LaVoie, Fountain Hills Chamber.
Vice Mayor Magazine asked what the zoning was. Mr. Tavassoli said that it was
Community Commercial (CC) which allows restaurants, offices, etc. Vice Mayor Magazine
asked what kind of controls there would be if someone wanted to put in a restaurant. Mr.
Tavassoli said that there is a parking schedule in the Zoning Ordinance that dictates the
amount of spaces required. Staff was asked about the setback. Mr. Tavassoli said that
there is a 10 foot public utility easement, and the buildings can be right up against the
easement. Vice Mayor Magazine said that he believes there may be real traffic issues, and
he did not know how to correct that situation unless they did more of a setback.
Vice Mayor Magazine said that when he hears what could be built there, while it is not
perfect, this may be better than leaving a dirt lot and letting them build something by right.
He said that Dan Kauffman has been part of the community for a long time and has a
good reputation as a builder. Personally, he thinks this proposal would greatly enhance
the area, but he is concerned about the traffic.
Councilmember Grzybowski said that she did agree with the traffic concerns, but it will be
a concern no matter what goes in there. It will mean less cars with residential. That being
said, what is being presented is the SUP for residential. The commercially-zoned
parcel, If it was built as commercial, it would be approved. She said that while she agrees
that traffic is going to increase, they are there to discuss/approve the Special Use Permit,
which is the residential upstairs.
Town Council Regular Meeting of September 21, 2021 8 of 12
Councilmember Scharnow asked Mr. Weldy where the sidewalk would be with a 10 foot
public utility easement. Mr. Weldy said that it requires a 6' wide sidewalk. Councilmember
Scharnow asked if there are any sight issues with the slope. Mr. Weldy said that there are
some, with landscape improvements, but when they have challenges they either trim or
remove the vegetation.
Councilmember Scharnow asked what requires a traffic study. Mr. Weldy said that certain
parts of a request for a building permit will trigger traffic studies. He said that they could
research that and supply it if necessary.
Mr. Miller noted that when the original site was platted, the Town accepted it with the
commercial use. At the time, they required the parking anticipating more intensive uses, at
one time with an open restaurant. A traffic study would probably have been required back
then, but not now.
Councilmember Scharnow asked about a left turn lane. Mr. Weldy said that they could
review that and the site plan.
Councilmember Spelich said that he did not believe it is a fair comparison for Park Place
to this. The developer has the ability to develop much more land than plotted. He
complimented Mr. Kauffman. He met with him and addressed some of the emails
received, as well as some rumors, and he was assured it was not going to be flipped. It is
a great concept, and they cannot compare it to the big boxes. He appreciated the builder
taking the time to address all of the concerns.
Vice Mayor Magazine asked Mr. Kauffman what the timeline was. Mr. Kauffman said that
he sold his building, so the faster he gets in there the better. They will be moving forward
right away, starting with the construction documents. He said that he raised his family
here; it is home. He will be keeping an office with a work/live use.
Mayor Dickey said that traffic has been an issue for the Town. It is more of a problem with
people speeding. As this, or others, move forward traffic is always on their mind.
Mayor Dickey closed the Public Hearing.
Vice Mayor Magazine asked Mr. Kauffman to take another look at the setback. Mr.
Kauffman noted that there is open space at the corner, which should alleviate the sight
concerns.
MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Sharron
Grzybowski to approve the Special Use Permit to allow a maximum 12 dwelling units at
17134 E. Kingstree Blvd.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of September 21, 2021 9 of 12
B. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-15
amending Section 1.10, Violation and Penalty, Section 20.15, Penalties, and Section 21.12,
Violations and Penalties, and adding Section 24.04, Violations and Penalties, of the Zoning
Ordinance as they pertain to penalties for violation of the Zoning Ordinance (Case
#2020-06).
Mayor Dickey opened the Public Hearing.
Mr. Wesley explained that this item and the next apply to the same issue, but one amends
the Zoning Ordinance and one amends the Town Code. He then gave a brief overview.
OVERVIEW
COOPERATIVE EFFORTS BETWEEN
He explained that changes to the Zoning Ordinance required a public hearing before the
Commission which is why these were done separately.
PENALTIES
Mr. Wesley said that they changes violations to civil offenses except for two in the Zoning
Ordinance. Most of what changed in the Town Code was just cleaning up the language.
Mayor Dickey closed the Public Hearing.
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron
Grzybowski to adopt Ordinance 21-15.
Vote: 7 - 0 Passed - Unanimously
C. CONSIDERATION AND POSSIBLE ACTION: Regarding Resolution 21-29
declaring the 2021 Criminal to Civil Ordinance Change a public record, adoption of
Ordinance 21-14 amending Chapter 1 General, Chapter 6 Animals, Chapter 7 Buildings and
Building Regulations, Chapter 8 Business Regulations, Chapter 9 Parks and Recreation,
Chapter 10 Health and Sanitation, Chapter 11 Offenses, Chapter 12 Traffic, and Chapter 16
Streets and Sidewalks relating to penalties for violation of the Town Code.
Councilmember McMahon asked where the Cinco de Mayo allowance came from about
fireworks in Sec. 11-1-4. Mr. Arnson explained that a few years ago a bill passed that
included this holiday.
MOVED BY Councilmember Sharron Grzybowski, to adopt Resolution 2021-29 and
Ordinance 21-14.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of September 21, 2021 10 of 12
D. CONSIDERATION AND POSSIBLE ACTION: Approving Amendment No. 1 to
Professional Services Agreement 2021-031 with Kimley Horn &Associates, INC.
Mr. Weldy said that this item has been in discussion for many years. A warrant analysis
was performed and they found that this intersection meets three warrants, including the
number of vehicles per day. It also discusses the level of services regarding a left turn
from Palisades onto side streets. He said that there was always a guarantee that the
future growth/development in Adero Canyon, including the expansion of the resort, would
likely result in the need for a traffic signal. Tonight they are asking for funding to complete
the final design. Once they have the design done, they can attempt to obtain funding
through various grants to help reduce the Town's costs.
Mr. Miller reminded the Council that the development fees adopted a year ago are
collecting monies toward the construction of signalized intersection at this location. Once
Adero goes forward with their expansion they could ask for additional funding as well.
Councilmember Scharnow asked if the design would include a potential alternation to the
physical nature of the intersections, such as with turn lanes. Mr. Weldy said that to meet
the level of service, there will be a substantial change to the two medians and the median
on Eagle Ridge Drive. Councilmember Scharnow said that some of the median changes
would be on the Scottsdale side. Mr. Weldy said that they would work with Scottsdale
through an Intergovernmental Agreement.
Councilmember Friedel said that they already know his thoughts. He goes through that
intersection, and has never seen a backup. The accident rate is really low and he is still
not seeing the traffic. He believes that$150,000 for a warrant study and design is
something they can put off and do not need.
Mayor Dickey said that they are looking ahead, anticipating safety issues and needs. She
said that so many cars are going straight through that intersection. If they have a light that
could stay green, unless there is a turning vehicle, that may help.
Councilmember Grzybowski said that she is not a big fan of a traffic light. The more people
that she talks to that live there say they have to have a traffic sigtnal. She does see the
future need of a signal there. If they spend money for design today, then they are saving
money on the day they put it in.
Councilmember Scharnow said that if the experts did this and found there are already
three warrants met, he does not think there is much debate. They cannot ignore
information from the experts who are recommending a signal.
Councilmember Spelich asked how much the developers kicked in. Mr. Miller said that 25
years ago when they built, it was a small amount of around $30,000. Mr. Weldy said that
the MCO contribution was $50,000; at that time a signal was $100,000. Now they are
above $800,000. They will not know the true cost until design is completed and there is
agreement to move forward.
Town Council Regular Meeting of September 21, 2021 11 of 12
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike
Scharnow to approve Amendment No. 1 to Professional Services Agreement (C2021.031)
with Kiml;ey Horn and Associates, Inc., for traffic signal design in the amount of
$105,570.00
Vote: 5 - 2 Passed
NAY: Councilmember Gerry Friedel (telephonically)
Councilmember David Spelich (telephonically)
E. CONSIDERATION AND POSSIBLE ACTION: adopting Ordinance 21-16, Amending the
Town of Fountain Hills Town Code, Chapter 11, Offenses, by Amending Section 11-1-17,
Use of Town Owned Washes.
Mr. Weldy said that for two years they have talked about how to address illegal dumping,
motorized vehicles, and potential for unsheltered individuals using the washes for housing.
He said that the Town Manager and staff met with the Town Attorney, and decided that the
simplest way was to eliminate public access to the Town-owned washes to provide a more
controlable activity, allowing the tools necessary to deal with any offenses.
Vice Mayor Magazine said that he understood the problem, but asked how they would
enforce it. Mr. Weldy said that they would begin to erect signs indicating that it is no
trespassing, referencing Town Code and ARS at each location they deem necessary. Mr.
Miller said that they would also be working to get the word out. It is not geared to keep
people from hiking through there, but it does give the MCSO the ability to address other
concerns. He said that the Town's peers throughout the valley are seeing a lot of
encampments going on near canals, CAP water areas, dry river beds and creeks. This is
to help prevent that as well. They are also concerned with the potential for fire in washes.
If MCSO sees suspicious activity, they can get them off of the property.
Mr. Weldy said that the MCSO Captain said that the deputies still have the discretion on
what direction to take.
Councilmember Grzybowski asked if they were still allowing people to walk through the
washes. She said that she has been a part of various meetings, and her husband is on the
McDowell Mountain Advisory Commission. Walking through washes comes up- all the
time, and they provide an opportunity for walkability in the Town.
Councilmember Scharnow said that he agreed with that concern. He can appreciate the
big picture, but he does not want the public to be able to be reporting about kids in the
washes.
Mr. Miller said that if this was adopted tonight, they could monitor and report back in 12
months to see if the Council wishes to make adjustments. He said that it is such a critical
issue that he would like to get ahead of.
Mr. Weldy said that in the future if it is decided that a trail is proposed to be constructed, a
simple amendment or additional wording could be added. Mayor Dickey noted that the
washes were voter approved to not have paths, etc. The goal is compliance, not penalties.
She was comfortable with passing this.
Town Council Regular Meeting of September 21, 2021 12 of 12
MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Mike
Scharnow to adopt Ordinance 21-16.
Vote: 7 - 0 Passed - Unanimously
9. 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
10. ADJOURNMENT
MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Sharron
Grzybowski to adjourn.
Vote: 7 - 0 Passed - Unanimously
The Regular Meeting of the Fountain Hills Town Council held September 21, 2021,
adjourned at 8:11 p.m.
TOWN OF FOUNTAIN HILLS
6,jui,
Ginn y ickey, Mayor
ATTEST AND PREPARED BY:
_Q
lizabeth . ein, Town C 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 21st day
of September, 2021. I further certify that the meeting was duly called and that a quorum was present.
DATED this 19th day of October, 2021.
1
lizab . Klein, Town CI rk
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