HomeMy WebLinkAbout2018.1218.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE
FOUNTAIN HILLS TOWN COUNCIL
DECEMBER 18, 2018
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE— Mayor Ginny Dickey
Mayor Dickey called the Regular Meeting of December 18, 2018, to order at 5:30 p.m.
2. INVOCATION — Pastor David Taylor, First Baptist Church of Fountain Hills
Pastor David Taylor gave the invocation.
3. ROLL CALL— Mayor Ginny Dickey
COUNCILMEMBERS PRESENT: Mayor Ginny Dickey; Vice Mayor Art Tolis;
Councilmembers Mike Scharnow, Dennis Brown, Alan Magazine, Sherry Leckrone and
David Spelich.
COUNCILMEMBERS ABSENT: None.
STAFF PRESENT: Town Manager Grady Miller, Town Attorney Aaron D. Arnson, and
Town Clerk Elizabeth A. Burke.
4. MAYOR'S REPORT
A. PROCLAMATION by the Mayor designating January 2019 as Stand Up, Speak
Up, Save a Life Month in Fountain Hills.
Councilmember Sherry Leckrone introduced Gina Godbehere, Co-Founder of
Stand Up, Speak Up, Save a Life, stating that she was the Bureau Chief of the
Northwest Valley Bureau in the Community Based Prosecution Division of the
Maricopa County Attorney's Office, and her friend and mentor.
She said that Ms. Godbehere was a prosecutor, and it was a tragic case involving
two teenagers in which she was involved that compelled her to seek a solution to
teen suicide. She and others led a movement that is about prevention and helping
students that see signs to speak up and say something when that sign is evident.
She then read the proclamation and presented it to Ms. Godbehere.
Ms. Godbehere thanked the Mayor and Council for the recognition and the
designation of January 2019 as Stand Up, Speak Up, Save a Life Month. She said
that they have grown by so many cities and law enforcement offices. She said that
they have all seen that students need help. She said that a child takes their own
life every 5.5 days.
B. Introduction of new MCSO Commander Larry Kratzer.
Mr. Miller said that he was pleased to introduced the new Captain for
Fountain Hills, Larry Kratzer, with the Sheriffs Office who began working for the
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DECEMBER 18, 2018 PAGE 2
Town on December 4, 2018. He said that he was recently promoted within the
department. He then read his biography and reviewed the selection process.
Captain Kratzer came forward and said that he was happy to be there. Mr. Miller
said that they would have Henry Brandimere come back for a formal farewell.
5. PRESENTATIONS
A. PRESENTATION by Epcor regarding Sunridge Drive Water Main Replacement
Project
Mr. Miller said that as many are aware, there have been many water line breaks in
the Sunridge area and Epcor has taken this seriously. They have planned a large
project to replace the main in that area rather than wait and fix breaks as they
occur. He said that Rick Alvarez with Epcor was at the meeting to give an overview
of their upcoming project.
Mr. Alvarez said that he was assigned the project manager for the waterline
project. He said that he was assigned because he previously was the treatment
supervisor for Epcor and is very familiar with the lines in the area. He said that they
have found that many of the breaks in the area were due to PVC pipe that was not
installed properly. They will be replacing the line with a ductile iron pipe.
He said that they were hoping to have the project completed between January and
May, but it may not be complete until September.
Director of Water and Wastewater with Coe and Van Loo Engineering Eric Warren
then continued the presentation. He said that three months ago Epcor provided
them with a contract to do this work and they are proceeding with the design and
going through details currently.
Mr. Warren said that they will be installing about 6,000 feet of 12"water main and
will impact a little less than a mile of Sunridge to Desert Canyon Drive. He said
that in order to not close the road, they will build in four phases and they will be
staged so they can quickly get through and restore traffic. He said that they will
have a detailed plan for the Town's review and are in the process of getting bids
from contractors. He then reviewed the various phases of the project.
Mr. Warren was asked if they had considered doing the work during the summer
when they have fewer visitors. Mr. Warren said that they did consider that, but with
the number of breaks, and before the extreme heat hits when they have the highest
demand for water, they determined this was the best time for the work.
Mr. Alvarez said that they have assigned an internal public relations person who
will be involved with Fountain Hills' public relations department to get the word out
through mailers and letters. He said that once they get a contract online they will
come back in and give an update in January. He said that they will also work a
great deal with the golf course residents, through the HOA's.
Brief discussion was held on the difference of PVC and the ductile iron pipe and
the life expectancy of each. Mr. Alvarez said that they also work with the Fountain
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DECEMBER 18, 2018 PAGE 3
Hills Sanitary District in an attempt to coordinate any lines they may be planning
to replace at the same time. Mr.Warren said that they reach out to all of the utilities
in the area, and they have already done that.
Mr. Alvarez said that this is part of the capital project program for Epcor and should
not have an associated rate increase, so approval from the Corporation
Commission is not required.
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.
None.
7. CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be
enacted by one motion and one roll call vote 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.
A. APPROVAL OF the minutes of the Regular Meeting of December 4, 2018.
B. HEARING and CONSIDERATION OF approving a liquor license application
submitted by John Hosoo Park, Owner of JP Hospitality Industry LLC dba Oka
Sushi located at 16725 E. Avenue of the Fountains#R104 Fountain Hills, Arizona,
for a series 12 license (Restaurant).
MOVED by Councilmember Magazine to approve the Consent Agenda Items 7-A and 7-B;
SECONDED by Councilmember Leckrone; passed unanimously(7-0).
8. REGULAR AGENDA
A. CONSIDERATION OF approving design concepts and proposed locations for two
restroom facilities and well control rooms at Fountain Park.
Mr. Miller said that tonight they had District Manager Dana Trompke with them
from the Fountain Hills Sanitary District to discuss a project anticipated for
Fountain Park which they all see as a win/win.
Ms. Trompke said that the District is proposing to build new vaults for their electrical
services and are proposing to include restroom facilities at both locations. She
reviewed drawings of the proposed buildings, noting that the door for their staff
would be in the back of the building and separate from the door for the Town,which
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DECEMBER 18, 2018 PAGE 4
would also be located at the back of the building. She said that was to keep from
impacting trail users when maintenance was needed. She said that once the plans
are finalized they will be bringing back to the Council an Intergovernmental
Agreement between the District and Town for approval. She said that they are
beginning to work with a Construction Manager at Risk, to obtain some estimates
of costs
Discussion was held on whether it was possible to increase the size of the restroom
facilities. Ms. Trompke said that there were budgetary limitations on the part of the
District and anything much larger in size would require a great deal of fill. Mr. Miller
said that staff had also asked that question. He said that it was noted that even if
they were able to increase the size, they would still need to bring in portable toilets
for events held at the park and surrounding areas.
Ms. Trompke said that the District would pay for construction of the facilities and
the Town would be responsible for cleaning and maintenance of the restroom
facilities, and locking and providing access based on the Town's park hours.
Bob Shelstrom, Fountain Hills, said that he has been a P.E. since 1984 and he did
not see this as a win/win. He voiced concern with the noise associated with the
pumps and the loss of open space.
Ms. Trompke clarified that the pumps are still located 400 feet below ground, so
noise will not be an issue. She said that the District has investigated different
options. She said that they have a 10x10 space, divided in half with a wet side and
a dry side. OSHA has changed and added to their compliance space requirements.
She said that if they replaced this in-ground the vault would have to be three times
the size they have now and it would require a concrete grounding which would
require more excavation.
MOVED by Councilmember Magazine to approve the design concepts and
proposed locations for two restroom facilities and well control rooms at Fountain
Park; SECONDED by Councilmember Brown; passed unanimously(7-0).
It was noted that Council hoped the District would give further consideration to
increasing the size of the restroom facilities.
B. CONSIDERATION OF Ordinance 18-15 on zoning text amendment regarding
large accessory structures.
Mayor Dickey opened the Public Hearing. Senior Planner Marissa Moore reviewed
a PowerPoint presentation which addressed:
DEFINITIONS: Small Accessory Buildings and Large Accessory Buildings
ISSUES: Corner Lots
PERCEPTION
Mr. Miller noted that it is usually thought that corner lots are premium, but with the
regulations the way they currently are, corner lots are being treated differently than
the interior lots with regard to setbacks.
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DECEMBER 18, 2018 PAGE 5
Ms. Moore said that issues related to this include the fact that some residents
would like to build a casita for parents, or have a separate garage facility and they
are currently restricted because of their property being located on a corner lot.
It was suggested that if sides of garages were facing the street, that perhaps they
include some type of architectural features. Ms. Moore replied that this idea was
discussed at the Planning and Zoning Commission meeting as well as other
thoughts, such as colors having to be the same as the main house, not just match.
She said that in the end, the Commission settled on recommending approving the
ordinance with two stipulations: 1) the colors be the same; and 2) no rooftop
equipment be located on top of the large accessory building.
Staff was asked why this ordinance change was only impacting the R1-10 zoned
property. Ms. Moore said that a R1-10 lot has to be a minimum of 10,000 square
feet or larger for development. This is to help those smaller lots. The larger zoned
parcels have more room on which to develop.
She said that the ordinance included wording that had restrictions on putting in a
kitchen into a large accessory building. Councilmember Brown said that such a
restriction is as archaic as other ordinances and he would like to strike that out of
the proposed ordinance.
Ms. Moore said that these parcels are located in single-family residential zoning
districts. Once they add a second building with a kitchen, they then have two
houses in a single-family zone which is not permitted.
Discussion was held on the limitations imposed by the State as to rental of
property. Concern was voiced with opening up the Town to more if they restricted
that; others felt they were already opened up.
Public Hearing
At this time, Mayor Dickey opened the Public Hearing. There being no
public comment, the Public Hearing was closed.
ii. Ordinance 18-15, amending Section 5.06.G of the Fountain Hills Zoning
Ordinance relating to large detached accessory buildings in single-family
residential zoning districts; amending Section 1.12 to create a definition for
the front plane of a primary building and the street side plane of a primary
building; and amending Sections 1.12, 5.06.F, 5.06.H, 5.09.B, 10.03.A.8
and 15.03.A.8 for consistency. (Case#Z2018-08)
It was noted that Fountain Hills has gained a reputation of being too
restrictive, and this is a bright spot in trying to be more flexible. Discussion
was held on the need for further clarification and more time to understand
all of the implications.
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DECEMBER 18, 2018 PAGE 6
Councilmember Brown MOVED to adopt Ordinance 18-15 as presented,
but striking "kitchens" out of the large accessory building section;
SECONDED by Councilmember Tolis.
Further discussion was held on the need to have more questions answered
and to ensure that removal of"kitchens"would not impact other sections of
the Code. It was noted that there are already casitas in town and this is
already occurring.
Councilmember Magazine MOVED to submit a substitute motion (amend)
to defer action until the next Town Council meeting; SECONDED by
Councilmember Spelich.
Councilmember Magazine said that he does not have the experience that
others on Council may have and he would like to have the opportunity to
sit down with staff to make sure he understands what he is voting on, and
also to look at the rental issue.
MOTION to postpone to the next Town Council Meeting(January 15, 2019)
passed unanimously(7-0).
Staff was asked that any additional information given to Council be
provided to all of them.
C. CONSIDERATION OF Ordinance 18-10 on zoning text amendment regarding "A-
Frame Signs & Banners."
Development Services Director Bob Rodgers said that the Town Council is being
requested to once again make a policy decision regarding extending the A-Frame
sign and Banner sunset provisions.The proposed Ordinance#18-10 would extend
the expiration date for A-frame signs to December 31, 2020, as well as extend
the expiration date for banners, balloons and pennants to December 31, 2020.
Without the text amendment to the zoning ordinance extending the sunset date,
these signs may no longer be used after December 31, 2018.
He said that Code Enforcement currently works on a complaint-based system,
meaning that there are a number of A-frame signs and banners that are posted
around town that are not permitted or reported. Many violations occur on
weekends. Both the Planning & Zoning Commission and Town Council
expressed reservations in past years about extending the expiration dates due
to the obvious non-compliance of a number of the businesses who use these types
of signage.
Section 6.08.6.13 of the Zoning Ordinance relates to A-Frame signage and
states that; "No A-frame signs permitted anywhere within the Town of Fountain
Hills after December 31, 2018."Section 6.08.0.3 of the Zoning Ordinance relates
to Banners and states; "Banners, balloons and pennants are permitted for
events such as special sales events with advance notification to the Town for
not more than sixty (60) consecutive hours per month. The provisions of this
subsection 6.08(D) (3) shall expire on December 31, 2018."
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DECEMBER 18, 2018 PAGE 7
The proposed amendments are virtually the same as in previous years, with new
expiration dates in the two sections of Chapter 6 of the Zoning Ordinance being
extended out two years to December 31, 2020.
If the proposed amendments are approved, A-frame signs and banners will be
allowed until December 31,2020, according to the conditions and regulations set
forth in the Zoning Ordinance.
Mr. Rodgers said that the Planning and Zoning Commission recommended
adoption of the ordinance, with a recommendation that Code Enforcement perform
quarterly sign sweeps and work with the Chamber to keep the business community
apprised of current regulations.
Brief discussion was held on the plan for a complete review and possible rewrite
of the Town's sign ordinance, and that would probably occur before the
December 31, 2020, expiration date, so any changes included in such rewrite
would supersede this ordinance.
Mr. Arnson said that he was planning to be working with staff on review and rewrite
of the sign ordinance based on the recent Reed v. Town of Gilbert case which
indicated that ordinances that were content-based would not survive in the courts.
He said that it is not a legal requirement for the Town to do so, but most cities and
towns in Arizona are reviewing their sign codes and making some changes.
Vice Mayor Tolis MOVED to adopt Ordinance 18-10 as written (without the
recommended quarterly sweeps); SECONDED by Councilmember Brown.
i. Public Hearing
Mayor Dickey opened the Public Hearing. There being no public comment,
the Public Hearing was closed.
ii. Ordinance 18-10, a text amendment to the Town of Fountain Hills Zoning
Ordinance, Chapter 6, Sign Regulations, Sections 6.08.B.11 and
6.08.D.1.0 to extend the expiration date to December 31, 2020,for A-frame
signs and banners for special sales events. (Case#Z2018-10)
After brief discussion, MOTION passed 5—2 with the following roll call vote:
Vice Mayor Tolis AYE
Councilmember Brown AYE
Councilmember Scharnow AYE
Councilmember Magazine NAY
Councilmember Leckrone AYE
Councilmember Spelich AYE
Mayor Dickey NAY
TOWN COUNCIL REGULAR MEETING AGENDA
DECEMBER 18,2018 PAGE 8
D. CONSIDERATION OF request for extension of a Special Use Permit from Verizon
Wireless.
Ms. Moore explained that a Special Use Permit was approved in June of 2018 for
Verizon to be able to install three cellular facilities on the building located at 16845
East Avenue of the Fountains.
Project Manager Darren Snodgrass with Verizon came forward and said that they
have had some lengthy negotiations regarding the lease on the property and until
they came to an agreement, they were unable to finalize the plans. He said that
their plans are to have this completed well before the end of the six-month
requested extension.
Public Hearing
Mayor Dickey opened the Public Hearing. There being no public comment,
the Public Hearing was closed.
ii. Request for a six-month extension to the approved Special Use Permit
#SU2018-01 to allow Verizon Wireless to install a cellular antenna with
associated roof-mounted equipment to be 2-feet 4-inches above the
maximum allowed height of 54 feet at 16845 East Avenue of the Fountains.
(Case #SU2018-01)
Vice Mayor Tolis MOVED to approve the six-month extension;
SECONDED by Councilmember Scharnow; passed unanimously(7-0).
E. CONSIDERATION OF award of contract with Off-Site Sweeping (company name)
for sweeping services.
Mr. Miller said that for a number of years the Town had its own street sweeping
equipment and employees, but they found it was more cost-effective to contract
for the services.
Public Works Director Justin Weldy corrected a statement made in the agenda
action form. He said that he had stated that this was an extension of the Mesa
contract in pricing. He said that it was an extension of a contract with Mesa, but
the pricing was negotiated at the rate the Town is currently paying to another
vendor.
Mr. Weldy said that the Town has been confined to one sweeping contractor and
have faced some challenges, most recently with waiting up to two weeks to receive
services after the storm events. He said that over the last several years the Town
has requested offers from other vendors, but no one was interested in coming so
far out. He said they were able to come to an agreement with this contractor with
which Mesa has secured a contract.
TOWN COUNCIL REGULAR MEETING AGENDA
DECEMBER 18, 2018 PAGE 9
He said that the Mesa contract was at $30/centerline mile for 15,000 miles. He
said that staff was able to negotiate for 1,200 miles nearly identical to the current
contract at $60/centerline mile. He said that as part of the negotiations they were
able to receiving pricing for special sweeping, storm events or other, from $106 to
$95. He said that the difference in pricing between Mesa and Fountain Hills is due
to the quantity difference. The more miles, the lower the rate per mile.
Mr. Weldy said that based on the challenges they have faced staff still believes
this is the best fit and in the best interests of the Town for the money. He clarified
that the current proposal was $72,620, with up to $90,000 to be used for special
sweeping or storm events.
Mr. Weldy said that for the Town to provide this service, they would need two
sweepers, each costing between $250,000 and $310,000, as well as hire staff.
Before, they had three staff members, averaging $50,000 a year including benefits
for each member. Additionally, they would be required to have a recant station
which is a car wash designed for street sweepers. Based on these costs, they
believe it is still in the best interests of the Town to contract for the services.
Bob Shelstrom, Fountain Hills, said that he had contacted Mr. Weldy about this
and wondered why no one applied. He suggested that perhaps it was the way the
Town does business. He asked if they could contract with whoever Scottsdale uses
and extend that contract.
Councilmember Magazine MOVED to approve the contract with Off-Site Sweeping
(company name) for sweeping services; SECONDED by Councilmember
Scharnow; passed unanimously(7-0).
F. CONSIDERATION OF confirming FY2019 Town Council Subcommittees A and B
Appointments, as proposed by the Mayor, for the purpose of interviewing and
recommending applicants to the Town's boards and commissions.
Mr. Miller explained that currently they have eight separate subcommittees for
interviewing and making recommendations to the Mayor for appointments to the
various boards and commissions of the Town. He said that in talking with the Mayor
they were suggesting that this be reduced to two separate subcommittees, each
covering four of the Town's boards and commissions for one year, and then
switching with the other subcommittee. In this way, all Councilmembers get to be
involved with selection/recommendation for all of the eight boards/commissions of
the Town.
Councilmember Brown MOVED to approve the listing as provided (see below);
SECONDED by Councilmember Magazine; passed unanimously(7-0).
SUBCOMMITTEE A (Term 01/01/2019 through 12/31/2019)
Councilmember Magazine, Councilmember Scharnow,Councilmember Spelich
Board of Adjust
Community Services Advisory Commission
Sister Cities Advisory Commission
Strategic Planning Advisory Commission
TOWN COUNCIL REGULAR MEETING AGENDA
DECEMBER 18, 2018 PAGE 10
SUBCOMMITTEE B (Term 01/01/2020 through 12/31/2020)
Vice Mayor Tolis,Councilmember Brown, Councilmember Leckrone
Building Safety Board of Appeals
McDowell Mountain Preservation Commission
Municipal Property Corporation
Planning and Zoning Commission
G. CONSIDERATION OF selection of Council representatives to various
organizations.
Mayor Dickey briefly reviewed the listing of organizations on which the Town has
openings for anyone on Council that may wish to serve. She said that there may
also be others which they may be interested in serving on, and they should just let
her know. After brief review of the list, the following assignments were accepted:
EVP— Board of Directors Vice Mayor Tolis
GPEC— Mayors/Supervisors Mayor Dickey
GPEC— Board of Directors Councilmember Magazine
League— Executive Committee Mayor Dickey(applying)
League— Public Safety, Military Affairs Councilmember Leckrone
and Courts Policy Committee Councilmember Spelich
League—Transportation, Infrastructure
and Public Works Policy Committee Councilmember Scharnow
MAG — Regional Council Mayor Dickey
Valley Metro (RPTA) Board of Directors Councilmember Scharnow
Mayor Dickey(alternate)
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:
Vice Mayor Tolis said that he had previously requested a report and discussion on the
costs and plans for the old fire station. Mr. Miller reported that they have that scheduled
for January 15, 2019.
Vice Mayor Tolis said that he has received questions from the community on how the
Fountain Hills High School is not adhering to the rules and regulations of the Dark Skies
program. Mr. Miller noted that schools are exempt under the ordinance, but staff would
bring to the attention of school administration to see if they could be turned off during the
evening when nothing is going on.
TOWN COUNCIL REGULAR MEETING AGENDA
DECEMBER 18, 2018 PAGE 11
10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Mayor, individual Councilmembers, and the Town Manager.
Mayor Dickey reported that she and the other new councilmembers had recently attended
a two-day training for newly-elected officials presented by the League of Arizona Cities
and Towns. She also noted that the next Council meeting would be on January 15, 2019.
11. ADJOURNMENT.
Councilmember Brown MOVED to adjourn; SECONDED by Councilmember Magazine;
passed unanimously(7-0).
The Regular Meeting of the Fountain Hills Town Council held December 18, 2018,
adjourned at 8:22 p.m.
TOWN OF FOUNTAIN HILLS
!C���
Ginn Dicke 6, Mayor
ATTEST AND PREPARED BY:
izabet . Burke, Town C k
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
18th day of December, 2018. I further certify that the meeting was duly called and that a quorum
was present.
DATED this 15th day of January, 2019.
izabet urke, Town
NOTE: For further details on the discussion of a particular agenda item, please visit
http://www.fh.az.gov/agendacenter to view a video of the entire Council Meeting.