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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 TOWN COUNCIL REGULAR MEETING AGENDA 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 TOWN COUNCIL REGULAR MEETING AGENDA 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 TOWN COUNCIL REGULAR MEETING AGENDA 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. TOWN COUNCIL REGULAR MEETING AGENDA 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. TOWN COUNCIL REGULAR MEETING AGENDA 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." TOWN COUNCIL REGULAR MEETING AGENDA 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.