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HomeMy WebLinkAbout2018.0904.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 4, 2018 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 5:35 p.m. in the Fountain Hills Town Hall Council Chambers. 2. INVOCATION — Pastor Todd Forrest, Fountain Hills Christian Center 3. ROLL CALL — Mayor Linda M. Kavanagh requested a roll call. Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Dennis Brown, Councilmember Henry Leger, Councilmember Art Tolis, Councilmember Alan Magazine, and Councilmember Nick DePorter; members absent: none. Others present: Town Manager Grady E. Miller; Interim Town Attorney Mitesh Patel, Dickinson Wright Law Firm; and Town Clerk Elizabeth A. Burke. 4. MAYOR'S REPORT. Mayor Kavanagh introduced new Town Clerk Elizabeth (Liz) Burke and proceeded to read a proclamation declaring September 17 — 23, 2018, as Constitution Week in the Town of Fountain Hills (copy available in the office of the Town Clerk and Town website). 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS. A. The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. None. B. CALL TO THE PUBLIC Mayor Kavanagh asked if there were any speaker cards and Town Clerk Burke answered no speaker cards had been received. C. CONSENT AGENDA A. APPROVAL OF MINUTES OF THE REGULAR MEETING OF JUNE 19, 2018, AND THE SPECIAL MEETING OF JUNE 26, 2018. B. CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE FOUNTAIN HILLS THEATER (WALTER MORLOCK) FOR A FUNDRAISER TO BE HELD AT THE FOUNTAIN HILLS THEATER LOCATED AT 11445 NORTH SAGUARO BOULEVARD, FROM 3:00 PM TO 12:00 AM ON FRIDAY, OCTOBER 12, 2018. C. CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE FOUNTAIN HILLS THEATER (WALTER MORLOCK) FOR A FUNDRAISER TO BE HELD AT THE FOUNTAIN HILLS THEATER LOCATED AT 11445 NORTH SAGUARO BOULEVARD, FROM 3:00 PM TO 12:00 AM ON THURSDAY, NOVEMBER 1, 2018. FOUNTAIN HILLS TOWN COUNCIL Regular Meeting of September 4, 2018 Page 2 D. CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE SUNSET KIWANIS CLUB OF FOUNTAIN HILLS (MARGARET ZIEFERT) FOR A FUNDRAISER TO BE HELD ALONG THE AVENUE OF THE FOUNTAINS, IN CONJUNCTION WITH THE FOUNTAIN HILLS ART AND WINE AFFAIRE, FROM 10:00 AM TO 5:00 PM DAILY, FRIDAY, MARCH 8, 2019 THROUGH SUNDAY, MARCH 10, 2019. E. CONSIDERATION OF APPROVING FOUR SPECIAL EVENT LIQUOR LICENSE APPLICATIONS FOR THE FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY FOR THE PURPOSE OF FUNDRAISING DINNERS, LOCATED AT 13001 N. LA MONTANA DRIVE, FROM 6:00 PM TO 9:00 PM ON WEDNESDAY, OCTOBER 17, 2018, NOVEMBER 14, 2018, JANUARY 16, 2019, AND FEBRUARY 20, 2018. F. CONSIDERATION OF RESOLUTION 2018-35, ABANDONMENT OF A PORTION OF THE HILLSIDE PROTECTION EASEMENT ON THE HILLTOP AT SUNRIDGE CANYON SUBDIVISION, LOT 1, AS RECORDED IN BOOK 496, PAGE 49, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2018-05) G. CONSIDERATION OF RESOLUTION 2018-42, ABANDONMENT OF THE 10' PUBLIC UTILITY AND DRAINAGE EASEMENT ON PLAT 601-A, BLOCK 1, LOT 9 (15950 E. SUNFLOWER DRIVE), AS RECORDED IN BOOK 161, PAGE 44, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATION. (EA 2018-09) H. CONSIDERATION OF RESOLUTION 2018-43, ABANDONMENT OF THE 10' PUBLIC UTILITY AND DRAINAGE EASEMENT OF PLAT 505-B, BLOCK 1, LOT 53 (15642 N. BOULDER DRIVE), AS RECORDED IN BOOK 158, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2018-07) I. CONSIDERATION OF RESOLUTION 2018-44, ABANDONMENT OF A PORTION OF THE 1' VNAE (VEHICULAR NON-ACCESS EASEMENT) ON PLAT 512, BLOCK 1, LOT 25 (14819 E. GOLDEN EAGLE BOULEVARD), AS RECORDED IN BOOK 373, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2018-08) J. CONSIDERATION OF RESOLUTION 2018-49, ABANDONMENT OF A PORTION OF THE 20' PUBLIC UTILITY AND DRAINAGE EASEMENT ON PLAT 401-B, BLOCK 6, LOT 40 (16950 E. NICKLAUS DRIVE), AS RECORDED IN BOOK 155, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2018-11) K. CONSIDERATION OF RESOLUTION 2018-50, ABANDONMENT OF THE 10' PUBLIC UTILITY AND DRAINAGE EASEMENT ON PLAT 204, BLOCK 1, LOT 8 (12008 N. LAMONT DRIVE), AS RECORDED IN BOOK 11, PAGE 10, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATION. (EA 2018-12) L. CONSIDERATION OF TWO BUDGET TRANSFERS TO REALLOCATE FUNDS AT YEAR END AND IN THE AMOUNT OF $10,375.00. Councilmember Leger MOVED to approve the Consent Agenda as listed and Councilmember DePorter SECONDED the motion. A roll call vote was taken with the following results: FOUNTAIN HILLS TOWN COUNCIL Regular Meeting of September 4, 2018 Page 3 Mayor Kavanagh Aye Vice Mayor Brown Aye Councilmember DePorter Aye Councilmember Tolis Aye Councilmember Magazine Aye Councilmember Leger Aye The motion CARRIED UNANIMOUSLY (6-0), by those members present. D. REGULAR AGENDA A. CONSIDERATION OF A BUDGET TRANSFER REALLOCATING $850,000.00 FROM THE SPECIAL REVENUE BUDGET AND ALL REMAINING OPEN SPACE DEVELOPMENT FEES TO THE 2018/19 CAPITAL IMPROVEMENT BUDGET FOR THE COMPLETION AND FINAL PAYOUTS OF THE ADERO CANYON TRAILHEAD PROJECT (P3025). Town Manager Miller addressed the Council stating this was a request to transfer $850,000 from the Special Revenue Budget and remaining open space development fees to this year's budget. Last year the Council awarded a contract to Blucor Contracting to construct the Adero Canyon trailhead and it had been anticipated that the funds would have been expended last year. He pointed out this was not an increase but the action was needed to pay the invoices that come in this fiscal year and that the Council was being asked to reauthorize the allocation of funds. He indicated that Community Services Director Goodwin was present to answer any further questions. Vice Mayor Brown asked if there were any known change orders; Director Goodwin responded that there were several, which would decrease the overall cost of the project. Mr. Miller commented that in a week or two the Public Works Director will probably give a notice of substantial completion and at that point the contractor will be working on a punch list of items. He indicated staff was pleased with the way it turned out. Councilmember Leger asked if Director Goodwin knew what the amount of development fees was that was being used for this project and she responded no, but that Finance Director Rudolphy might. Finance Director Rudolphy came forward and stated the total amount in development fees was $1.8 million and the Town has spent the majority with about $500,000; the remainder needed would come from the Special Revenue Fund. Councilmember Leger expressed the opinion that this was an important point for the public to be aware of because when looking at the cost of the trailhead, that money was accumulated over years and had sat in a special fund for years and that fund had to be used specifically for this particular purpose. Mayor Kavanagh requested speaker cards at this time and Town Clerk Burke stated one card had been received. Bob Shelstrom, a Fountain Hills' resident: He began speaking but the Mayor stated it appeared his comments were on the next item (B). He agreed that was the item he wished to address and would return. Councilmember Leger MOVED to approve the budget transfer reallocating $850,000.00 from the special revenue budget and all remaining open space development fees to the 2018/19 capital improvement budget for the completion and final payouts of the Adero Canyon FOUNTAIN HILLS TOWN COUNCIL Regular Meeting of September 4, 2018 Page 4 Trailhead project and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (6 -0) by those members present. B. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT C2018-075, WITH THE PLANNING CENTER FOR PROFESSIONAL CONSULTING SERVICES RELATED TO THE UPDATE OF THE 2020 GENERAL PLAN IN AN AMOUNT NOT TO EXCEED $100,00.00, FOR A PERIOD OF ONE-YEAR WITH TWO ADDITIONAL ONE-YEAR OPTIONAL RENEWALS. Mr. Miller offered introductory remarks regarding the General Plan and the State requirement to update it every so often. He noted that the General Plan provided guidance to the Council as well as to Planning and Zoning. Development Services Director Bob Rodgers addressed the Council reviewing the information contained in the staff report (copy available on-line and in the office of the Town Clerk). He indicated that State law required the General Plan to either be readopted "as is" or have a new plan approved every 10 years. However, due to the various amendments that have been made over the last 10 years, changes to the Town's demographics, and development patterns it was staff's opinion that it would be a bad idea to readopt it "as is". Director Rogers discussed the request for proposal process and timeline that staff had gone through to obtain quotes indicating that three firms had responded. He noted the proposals had been evaluated and rated by a committee comprised of town staff and the Planning and Zoning Commission Chairman, which was followed by interviews held with the top two firms with those interviews also evaluated and scored. Director Rodgers stated that the Planning Center had the highest scores in all categories and was the best qualified to assist the Town with this update; therefore, staff's request was that the Council approve this professional services agreement with Planning Center, not to exceed $100,000.00. Councilmember Leger asked for clarification regarding the two-year renewal as it gives the impression that the amount of money is extended over that time period. Director Rodgers explained the amount is not to exceed the $100,000.00; however, the plan would not be adopted until the November 2020 election, so this agreement was written to allow for carry over. No additional funds would be expended. Bob Shelstrom, a Fountain Hills' resident, said two things need to be questioned. 1) What was the minimum needed to be spent to meet State requirements; and 2) was this the right price for this scope of work as compared to what others pay? He felt the Council should be aware of those questions before voting. Town Manager Miller indicated that when staff goes through a process like this it includes a scope of services and he did not think that would change much if compared to other cities. He indicated that the Town had done this about 10-12 years ago and at that time had paid close to that amount. Director Rodgers verified that the amount paid last time was about $95,000.00. Town Manager Miller stated he felt this amount was in the ball park and explained the Town did not have the staff to do a lot of the work that other larger cities have and that was why the Town utilized a contract for services. He felt the Town was getting a lot of service for the amount. He stated that he understood the Town's lean finances but knowing the Town does not have the staff that some of the larger cities have, he felt the Town was getting a good value. Councilmember Magazine MOVED to approve Professional Services Agreement C2018-075, with the Planning Center, for professional consulting services related to the update of the FOUNTAIN HILLS TOWN COUNCIL Regular Meeting of September 4, 2018 Page 5 2020 General Plan in an amount not to exceed $100,00.00, for a period of one-year with two additional one-year optional renewals and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (6 -0) by those members present. C. CONSIDERATION OF CONTRACT 2019-22, IN THE AMOUNT OF $27,000.00 FROM THE CANVASS GROUP, FOR THE PURPOSE OF ASSISTING WITH A COMMERCIAL BUSINESS AND RETAIL RECRUITMENT CAMPAIGN. Economic Development Director Scott Cooper addressed the Council reviewing the information contained in his staff report (copy available on-line and in the office of the Town Clerk). He stated over the last twelve months Town staff has worked with Retail Strategies consultants and developed a solid working relationship with their team, which was in year one of a potential three year campaign. He discussed the work completed over this past year, the status of their work product, and the plan. However, he said, in late June staff was made aware that two of the principals (the team staff worked with) were leaving to start their own company (the Canvass Group). He stated that with those individuals' community and working knowledge, staff felt it was best to move forward with this new company noting that their fees were considerably less. He stated that staff was requesting the Council approve the contract with this new company to continue the campaign not to exceed $54,000.00 over two years. Councilmember Magazine said when the consultants were last here he had asked how the consultants would define success and never got much of an answer. He asked what the benchmarks were and he requested a better explanation of what was expected. Director Cooper indicated they were looking for return on investment (ROI) and that was never instantaneous, explaining that the time period for ROI was eighteen months to three years and that a good measurement for success was what the Town's return was in time with tax dollars generated. Councilmember Magazine said Director Cooper had done a great job and asked what this company could provide that he could not. Director Cooper explained the various connections and opportunities for Town representation the company has and that Town staff certainly could do this but that it would stretch out the time frame for results. Councilmember Magazine asked what was a reasonable time frame for a status report from the company and Director Cooper said fairly quickly (less than a couple of months). Vice Mayor Brown asked if Director Cooper was nervous about using a start-up company. Director Cooper responded no, as he knew the individuals. Vice Mayor Brown asked if there was a fall back plan if they fail. Director Cooper said no. Vice Mayor Brown asked that staff have that conversation, as he would like to know if there was a back-up plan noting that he liked their price. Town Manager Miller said that was a good point; however, the key was that their services were billed on a "pay-as-you-go" basis and the deliverables would also be received in this manner. If they were to go away, the Town would at least have deliverables up to that point in time. Councilmember Tolis asked what the tangible results had been from this past year. Director Cooper stated nothing yet and reiterated the timeline (eighteen months to three years) for seeing results and it was noted that the company had accomplished a lot of research this year as to what the Town's market is, provided a lot of information on the Town's sphere of influence, with the next year strategy based on outcome. Councilmember Tolis asked about the potential businesses staff was working with and questioned what their sizes were and what parts of the Town was being targeted. Director Cooper reviewed the various targeted retail areas and types of businesses. FOUNTAIN HILLS TOWN COUNCIL Regular Meeting of September 4, 2018 Page 6 Councilmember Tolis commented that as a community they were throwing good money after bad noting that the Town has a false belief that there was a solution for the community and someone will bring the magic to this community. He indicated that he did not see it. He stated the opinion that the Town would be better off to gather together a bucket of money as then the Town could offer an incentive for potential businesses as a tool for economic development. Councilmember Leger interjected that there were statutes that prevented the Town from doing that. He stated that after the first year of this contract the Council was not overly joyful at their output. However, he stated that he understood the output was the creation of an information database that is now to be utilized for marketing purposes in year two, and although no businesses have come to Town, the company had met Mr. Cooper's first year expectation; Director Cooper concurred. He asked what Director Cooper's expectations were for year two. Director Cooper explained that his expectations were high and he expected a return on investment as well; that was why this contract was looked at annually--to see if there was value to continue. He commented that although he cannot make guarantees, there was a chance it will not work but there was also a good chance it would and he looked to have several tangibles at the end of year two. Councilmember Leger asked if it would be more worthwhile to hire additional economic development staff and asked how many staff members he had. Director Cooper responded two. Councilmember Leger commented that the Town would not be able to hire additional staff for the $27,000.00 (amount of the contract). Director Cooper agreed that was unlikely. Councilmember Leger asked if there was a timeline to approve the contract. Director Cooper responded no. Councilmember Leger asked the Vice Mayor if he was comfortable moving forward with a start-up business or should the Council table this item. The Vice Mayor indicated he was comfortable with the "pay-as-you-go" process as explained by Town Manager Miller. In response to Councilman Tolis' comments, the Vice Mayor said the Town needed to keep their spirits high and goals higher to bring businesses to Town. He stated he has all the faith in the world that in a year they will be able to say they brought four new businesses to Town off of two years' worth of work and that would be a huge start. He expressed it would be a mistake not to move this forward and expressed his support for letting it go the eighteen months to three years to see if a return was realized on the Town's investment. Councilmember Magazine said he has been very hesitate to spend money in the past because of the Town's financial situation, but that he did not think it would take much success to see a return on this $27,000.00. Bob Shelstrom, a Fountain Hills' resident, suggested the Town compensate a contractor for bringing businesses to Town, similarly to what he had suggested to the School District. He proposed the contractor takes a piece of the action on savings realized. He indicated that the Town may be better off with this type of approach, whereby they give a percentage of generated tax revenue (if legal) to the contractor. He agreed the $27,000.00 was not a deal breaker but that the Town needed to figure out the best way to spend it. He commented that local business leaders know what works in the Town and expressed the opinion that they would be a better marketing plan resource over a consultant. FOUNTAIN HILLS TOWN COUNCIL Regular Meeting of September 4, 2018 Page 7 Interim Town Attorney Patel stated this was a little out of the scope of the conversation but the "anti-gift clause" provision in the Arizona Constitution prevents a municipality from providing certain types of incentives to private parties and businesses. He explained that any incentive package would need to be evaluated for that provision as well as the 2010 "Turken v Gordon" case as a result of the CityNorth lawsuit that reworked the jurisprudence on "gift clause" for the last 50 years. He noted that these types of incentives are very limited now so it may not be as fruitful as it used to be. The Mayor requested a motion if the Council was comfortable moving forward. Councilmember Magazine MOVED to approve Contract 2019-22, in the amount of $27,000.00, with the Canvass Group, for the purpose of assisting with a commercial business and retail recruitment campaign and Vice Mayor Brown SECONDED the motion, which CARRIED (5 - 1) with Councilmember Tolis casting the nay vote. D. CONSIDERATION OF A CUT/FILL WAIVER REQUEST TO PERMIT AN AREA OF 2,655 SQUARE FEET TO EXCEED THE MAXIMUM 10' VISIBLE FILL ALLOWANCE UP TO APPROXIMATELY 16 FEET DEEP MAXIMUM VISIBLE FILLS FOR THE DEVELOPMENT OF THE BACK PATIO AREA, AND TO PERMIT AN AREA OF 690 SQUARE FEET TO EXCEED THE MAXIMUM 10' VISIBLE CUT ALLOWANCE UP TO APPROXIMATELY 14 FEET DEEP MAXIMUM VISIBLE CUT FOR THE DEVELOPMENT OF THE FRONT PATIO ON A PROPOSED NEW SINGLE-FAMILY RESIDENCE AT 16334 E. KEOTA DRIVE (CASE# CFW 2018-02) Senior Planner Marissa Moore addressed the Council regarding this item and discussed information contained in her staff report that described the proposed project, the effect of the applicant's requested cut/fill waiver, and displayed a PowerPoint presentation containing graphics of the proposal (copy available on-line and in the office of the Town Clerk). Senior Planner Moore stated staff was recommending approval and that the applicant and her engineer were present to answer any questions about the project. Councilmember Leger asked about the retaining walls and if vegetation had been considered to lessen the impact. Ms. Moore stated that the renderings do show vegetation and a space between the walls, which was common for a single family residence. Councilmember Leger questioned if that could be a stipulation for approval. Mayor Kavanagh asked that the applicant comment on the proposed stipulation. Ms. Karen Otis (applicant) came forward and stated that each of the retaining walls was a planter and the plan was to have a variety of native plants. She indicated the home was to nestle into the hillside and that they were using rammed dirt walls for an organic feel to the home and so it does not stand out. She commented that it was a very steep lot and so after stepping into the entrance of the house they would step down five steps and again in the dining room there was a step down. She stated that continued often throughout the interior, providing that cascade look. Ms. Otis indicated that it was a single story house with the exception of a story above the master bedroom. Councilmember Tolis stated he had reviewed the plans and he expressed the opinion that it looked fantastic and was a beautiful design stating that this was the perfect layout for the lot. He indicated that the Town would have to look at these type lots in the future and make accommodations for a beautiful design to be built. FOUNTAIN HILLS TOWN COUNCIL Regular Meeting of September 4, 2018 Page 8 Vice Mayor Brown said he did not know if the Council could be an architectural review committee; however, he complimented the applicant on the house design and the retaining walls. He indicated that he liked the house and agreed with Councilmember Tolis' thoughts regarding the Town's remaining lots. The Vice Mayor agreed that the majority of the lots were similar and extremely steep. Vice Mayor Brown stated that in the future the Council will have to become fairly well read on what is acceptable. He acknowledged that this design was against all the codes that the Town has worked with for the last 25 years, but because of the remaining lots being steep the Council will see more of these requests. Vice Mayor Brown MOVED to approve the cut/fill waiver and Councilmember Tolis SECONDED the motion. Mayor Kavanagh inquired if there were speaker cards and Town Clerk Burke stated none had been received. Councilmember Leger concurred with the Vice Mayor that there were certain lots remaining that will require flexibility; however, his expectation for the Council is that applicants make an effort to mitigate the impact. He noted that in this case that has occurred. The motion CARRIED UNANIMOUSLY (6-0), by those present. E. CONSIDERATION OF APPROVING A GRANT APPLICATION REQUEST TO APPLY FOR THE GAME TIME PLAYGROUND MATCHING FUNDS GRANT (UP TO $50,000.00). Town Manager Miller stated there had been a lot of discussion during the budget process regarding the capital improvement program budget, particularly regarding staffs attempt to rehabilitate Four Peaks Park with playground equipment. He said the Community Services Director had committed at the time to leverage grant money to stretch funds. In fact, he pointed out that had staff submitted two grants--one was for the manufacture of playground equipment the Town intended to buy and one with the Diamondbacks. He commented that the Town had been off cycle for the Diamondback grant. Community Services Director Rachel Goodwin provided an update and stated that this was grant number three in an attempt to extend the Town's funding as far as possible. She discussed that this year there is a $200,000.00 in the CIP budget to begin the renovations at Four Peaks Park and that staff recognizes the money will only go so far so staff was trying to leverage that for additional funding (partly for playground equipment), so the remaining funds can be used for the actual cost of installation: the infrastructure, the demolition of the site, the ground fiber, and supporting elements needed as part of this installation. She stated staff was requesting Council's approval to seek this grant through Game Time (another vendor) that would focus on the Tot Lot (for ages 2 — 5). Director Goodwin pointed out that the previous grant application had been focused on the 5 - 12 year old playground and staff had been notified that the Town had been a runner-up for that grant; therefore, the Town did not receive the full $50,000.00 funding applied for, but the Town was awarded a generous discount on supplies. She indicated that staff would be looking at if and how those funds can be stretched. Mayor Kavanagh stated that Councilmember DePorter and she were excited about something happening in this great neighborhood park where most of the Town's young families live, as this was one of the last parks the Town could rehabilitate. Councilmember FOUNTAIN HILLS TOWN COUNCIL Regular Meeting of September 4, 2018 Page 9 DePorter agreed with the Mayor's comments and said the recent attention was great for a much needed space. Mayor Kavanagh inquired if there were speaker cards and Town Clerk Burke stated none had been received. Vice Mayor Brown MOVED to approve staff's request to apply for the Game Time Playground grant (up to $50,000.00) and Councilmember DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (6-0), by those present. 9. COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMNS) 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: A. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING REVIEW OF THE SIGN ORDINANCE AND THE IMPACTS OF NON-TRAFFIC RELATED TEMPORARY SIGNAGE BEING ATTACHED TO STREET SIGNS AND POLES. Town Manager Miller addressed the Council regarding this item stating that earlier this summer individuals had expressed concerns regarding the search and rescue of lost pets. He noted that the Town has the reputation of being a pet friendly community and commented on the success of this group in finding lost pets. However, a conflict has developed with the sign ordinance that prohibits signs being placed on traffic related signs. He stated that staff and the Council were very supportive of what this organization does and he hoped that there could be a compromise. Town Manager Miller introduced Development Services Director Bob Rodgers stating he would provide additional information and alternative placement recommendations for lost pet signage and Interim Town Attorney Patel who would provide a legal perspective relating to potential legal ramifications. Director Rodgers discussed options for residents to put out temporary signs advertising that they have lost their pets noting that he also wanted to clear up misunderstandings and misinformation about this subject as this was not just about a local sign ordinance but also a State Law. He clarified that staff was not telling residents that they could not put out lost pet signs, but he stated their signs could not be attached to the street signs as no one is allowed to attach a sign or flyer, regardless of the subject, to an official street sign or pole as there was the potential for liability or a safety hazard, as well as damage to the sign. He stated that when staff sees such a sign they are required to remove it. Director Rodgers said the Town cannot simply adopt a new rule locally that differentiates between the messages that signs contain and that the Town cannot allow lost pet signs and then deny other types of temporary signs. He explained that under the law the Town's sign code cannot regulate signs due to their content, the Town can only regulate their size, locations, and the manner in which they are placed. Director Rodgers listed the following options that are available commenting that not all are optimal: public kiosks in the Town's parks, newspaper ads, store fronts (if allowed by the owner), and social media. He discussed the best option allowed under the Town's sign ordinance as being signs posted in the front yards of residences within a foot of the curb (with the homeowners' permission), as long as the sign did not create some type of physical or safety hazard. He stated that if more signs were needed further away, staff could work FOUNTAIN HILLS TOWN COUNCIL Regular Meeting of September 4, 2018 Page 10 with the group to get permission. Director Rodgers reiterated that contrary to comments on Facebook, staff had not said lost pet signs could not be posted and that staff was happy to assist/cooperate with residents when they lose a pet; however, he restated that Town street signs and poles were off limits. He noted that staff has a pile of confiscated signs that he suggested the group could use for their purpose. Mayor Kavanagh asked for clarification about the difference between the real estate signs that were found in the right-of-ways and on street corners and this type of signs. Interim Town Attorney Patel explained a lot was governed by the most recent Supreme Court case (Reed v. Gilbert) where similar issues were brought up. He discussed the specifics of the case stating that this was where Director Rodgers was coming from in saying that the Town can no longer regulate sign content and if the Town was going to have a temporary sign distinction, then all temporary signs must be treated the same. Mr. Patel indicated his firm was working with staff to evaluate the Town's sign code due to the Reed case so the Town was not faced with a similar type challenge. The Mayor questioned what the status of real estate signs were based on this. Director Rodgers responded that the Town's ordinance allowed the signs in the right-of-way within a foot of the curb and that was what he proposed could be allowed for these lost pet signs (as temporary signs). The Mayor pointed out that according to the law what was done for one must be done for everybody. Mr. Patel explained that real estate signs were not being mounted to the Town's traffic infrastructure or utility poles and so that was slightly different than the tent or a-frame sign. The Mayor asked about utilizing the right-of-way and the corners like real estate signs do. Mr. Patel clarified that as long as the signs were not infringing on any sight angles or sight triangles for visibility those would be permitted and Director Rodgers concurred. Councilmember Magazine asked if the code defined "temporary" signs and Director Rodgers confirmed it did and he provided the definition and gave examples of such signs. Councilmember Magazine asked if the Code Officer paid attention to that and Director Rodgers confirmed he did. Town Manager Miller asked what the duration was for a temporary sign. Director Rodgers gave examples of a garage sale sign (removed when over) and real estate sign (removed when sold) stating his expectation would be that when the pet was found or when they called off the search, the sign would be removed. Town Manager Miller explained staff was trying to work through what the expectations, limitations, and benefits would be for sign placement/removal as the Town's Code Officer removed signs on a complaint driven basis. Mayor Kavanagh asked about a recent event whereby a sign was removed and questioned if there had been an actual complaint received regarding the sign. Code Officer Jaffe confirmed he had received communications from the Street Department on numerous occasions relating to signs being affixed to street signs and that was considered a safety hazard, and as such, even without a complaint, when a safety hazard was observed he stated he was obligated to address it. The Mayor asked Code Officer Jaffe to clarify that he had not received an actual complaint. Code Officer Jaffe stated that in the past he has received complaints, but this last time in July the only word he received from was the Street Department. The Mayor questioned why that happened since this group has been doing this a long time and have been very responsible about removing signs and the signs were small and not obstructing line of sight. She acknowledged the sign placement was not legal, but expressed FOUNTAIN HILLS TOWN COUNCIL Regular Meeting of September 4, 2018 Page 11 she had been surprised the Town had removed the signs. Code Officer Jaffe explained that the primary reason was due to the volume of signs posted. He stated that he has worked for the Town for thirteen years and more recently the volume of this type of sign had increased considerably and were literally on every corner of every intersection for several square blocks/miles; as a result, it was a distraction and a distraction results in a safety hazard. The Mayor asked the Town Manager if there was any data regarding accidents as a result of the group's sign placement. The Town Manager stated he personally has not had an accident due to the signs; however, from the Town's standpoint there was potential liability that the Town was assuming if the signs are allowed. Mr. Patel stated that because of the Supreme Court case, if the Town permits one type of sign on the Town's infrastructure (poles), the Town has to permit any other type of speech as well. Councilmember DePorter stated the Council wanted to find a compromise and acknowledged how active this group was in the community. He recognized Code Officer Jaffe for the work that he does as well and noted that the Council was very sympathetic to this group and that everyone needed to communicate in order for them to find a suitable solution. He thanked the group for their work. Code Officer Jaffe commented he had previously worked for Maricopa County Animal Control and had recused hundreds of dogs. He noted that he has done his best to convey to all involved in this animal rescue that he agrees with their efforts but that he also encouraged them to find a lawful way to display their signs without causing a traffic hazard. Councilmember Magazine asked about political signs placed along the roads and if these lost pet signs could be placed in the same manner as political signs. Code Officer Roy clarified that since the Town allowed political signs within the right-of-way it was his understanding this group's signs could be similarly placed. He further explained that typically, whoever's property the right-of-way happens to front was generally asked, as a courtesy, for permission to place the sign and under the current guidelines he did not see a problem. Mr. Patel clarified that political signs, if placed too close to corners, in medians or the right-of- way, the Town still has the right to remove those signs (as potential safety hazard/visibility triangle). Otherwise, State law prohibited the Town from removing political signs in the general right-of-way if they aren't creating a safety issue. Speaker cards were submitted by the following individuals who spoke in support of lost/found pet signage being allowed on street signs and traffic poles for a period of 10 days (signs to be dated for removal),with removal within 24-hours of the pet being found/search called off; the request for a carve out for permitting the signs in the Town's sign ordinance; lost dog behavior; a day in the life of a pet search member; Pal's Inn role when a pet was found; the importance of signs in helping find pets; the fact signs need to be flexible in size/weight as the volunteers need to be able to move signs quickly due to a change in a pet's sighting; donation of the wire pieces from political sign; a-frames as an option; the proposal for a sign that would be placed alongside the stop sign; and the request for a separate meeting with Town staff to discuss allowable signage options: Christine Penna (Fountain Hills' resident), Elizabeth Smith (Fountain Hills' resident), Bunny Keller (Fountain Hills' resident), Christine Schaeken (Fountain Hills' resident), Jim Bruce (Fountain Hills' resident), Christine 'vie Madaras (Fountain Hills' resident), Laura Mepham (Fountain Hills' resident), Chris Cygan (Fountain Hills' resident), Alonzo Shattuck (Fountain Hills' resident), Jeri Hensel (Fountain Hills' resident), Chelly Weiss (Fountain Hills' resident), FOUNTAIN HILLS TOWN COUNCIL Regular Meeting of September 4, 2018 Page 12 Linda Bardow (Fountain Hills' resident), Paula Stefan (Fountain Hills' resident), Debra Nolen, and Soonee Roberts (Fountain Hills' resident). In response to a question by Councilmember Magazine, Christine Penna stated the number of signs needed varied as some months there were more lost pets than others. Councilmember Magazine asked if technology was an option to track pets and the Mayor suggested he speak to the volunteers after the meeting. Director Rodgers reminded everyone the wires and signs that staff had confiscated were available to the group. Town Manager Miller reiterated that signs placed on traffic poles and street signs were prohibited not only by the Town but by State law. He indicated that staff could work with the group to help brand what their signs looked like for better public recognition. Councilmember Tolis suggested major Town corridors as an area where the signs could be posted and the option to install street poles for their sign as placement. Town Manager Miller indicated that Town poles could not be used as they could only be used for governmental purposes; otherwise, the Town would have to make the poles available to everyone. Discussion ensued regarding various sign placement options. Interim Attorney Patel stated that while the Town may be able to give permission for sign placement, the Town does not have permission to contradict a State Statute. He cautioned that permission must provide for non-content discrimination and the same level of right and circumstances must be provided to all who wished to place a temporary sign no matter the content. The Mayor stated that staff would sit down with the group and now everyone was aware of the Town's limitations. Vice Mayor Brown indicated he would like to help and if the Council agreed, he would like to see the Town turn their head a bit in the interim (regarding complaints) until the group meets with staff to come up with a plan. He stated what has occurred cannot continue because it is against State law (sign placement). Non Speakers Cards were submitted by the following individuals in support of lost/found pet signage being allowed: Alana Eaton (Fountain Hills' resident), Skye Smith (Fountain Hills' resident), Rita Frost (Fountain Hills' resident), Rita Applegate (Fountain Hills' resident), Linda Lull (Fountain Hills' resident), Nancy Grahlmann (Fountain Hills' resident), Angel Wilson, (Fountain Hills' resident), and Lori Bell (Fountain Hills' resident). Town Manager Miller proposed that staff come back to the Council with a proposal after meeting with the group perhaps by the second meeting in October. 10. SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER. None. FOUNTAIN HILLS TOWN COUNCIL Regular Meeting of September 4, 2018 Page 13 11. AGENDA ITEM #23 — ADJOURNMENT Mayor Kavanagh requested a motion to adjourn. Vice Mayor Brown MOVED to adjourn the meeting at 7:30 p.m. and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (6-0), by those present. TOWN OF FOUNTAIN HILLS ByJ ' 6`-. Linda _ Kavan g , Mayor ATTEST AND PREPARED BY: laza . Burke, Tow lerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 4'h day of September, 2018. I further certify that the meeting was duly called and that a quorum was present. DATED this 18`h day of September, 2018. lizab= . Burke, Tow C erk