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HomeMy WebLinkAbout2019.1203.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE COMBINED REGULAR MEETING AND WORK SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 3, 2019 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Ginny Dickey Mayor Dickey called the meeting of December 3, 2019, to order at 5:30 p.m. and led the Council and audience in the Pledge of Allegiance. 2. MOMENT OF SILENCE Mayor Dickey led the Council and audience in a Moment of Silence. 3. ROLL CALL — Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Sherry Leckrone; Councilmember Mike Scharnow; Councilmember Art Tolis; Councilmember Dennis Brown; Councilmember David Spelich Absent: Councilmember Alan Magazine Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Councilmember Tolis said that the Turkey Trot and Thanksgiving Day Parade was a great event and well attended. Mayor Dickey agreed and said that it was nice to have the events in town. Mayor Dickey reported that on November 20, 2019, they held a General Plan 2020 Update Meeting for Stakeholders and then a public meeting on the General Plan was held that evening. Councilmember Scharnow said that as a long-time member of the Noon Kiwanis, he was proud to report that they will be hosting the first activity for the holiday season, Breakfast with Santa, at the Community Center which the Town helps sponsor. Mayor Dickey said that everything they do relies on volunteers, such as with the parade and Turkey Trot, and she thanked all the volunteers, noting that this year they had the most participants they have ever had. Combined Regular Meeting and Work Session of December 3, 2019 2 of 12 A. PROCLAMATION - Declaring December 5, 2019, through December 15, 2020, as Fountain Hills Celebrates Mayor Dickey invited Sandra Ursini, Co-Chairman of the 50th for Fountain Hills Committee, and all members of the committee to come forward. She read the proclamation proclaiming December 5, 2019, through December 15, 2020, as Fountain Hills Celebrates. Ms. Ursini then gave a brief update on activities they are planning to help celebrate 30 years of the Town incorporation and 50 years of the fountain. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION - Monthly update by Captain Larry Kratzer of the Maricopa County Sheriffs Office Captain Kratzer gave a monthly report, highlighting shopping tips with the holiday season upon them. He noted that he also worked with Grace for the Fountain Hills First where they recapped the tips. Below are the shopping tips he reviewed: • If possible, do shopping during the daylight • Don't carry large amounts of cash • Be aware of your surroundings • Park as close to destination as possible • Avoid isolated areas • Don't put packages on seats or where visible; lock in trunk if possible • Have keys ready before exiting the store • Don't place packages on top of vehicle • If there are questionable people lurking, wait or ask for security assistance • When using ATM's, be aware of surroundings • Keep track of credit cards to make sure they are accounted for • Use a credit monitoring service He also reported that they participated in Shop with a Cop (Sheriff), where each patrol district has so many children identified in a community and they transport them to the shopping center with police officers to shop around the store. He said that they have done this for several years, and the great thing is that most times the kids will spend the gift card on other family members. Captain Kratzer also reported that they continue with the prescription drug drop off, where the MCSO, the Fountain Hills Coalition and the Fountain Hills Sanitary District get rid of the unwanted and unused drugs. They weight it and put it into proper evidence and it is then destroyed. Mayor Dickey thanked the Sheriffs Office for all of their work and being so responsive in the community. Councilmember Tolis asked if he could report on the month ticket count. Captain Combined Regular Meeting and Work Session of December 3, 2019 3 of 12 Kratzer said that he has not yet received those stats; they usually come in around the 4th of 5th of each month, but they were still up. 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, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. MOVED BY Vice Mayor Sherry Leckrone, SECONDED BY Councilmember Dennis Brown to approve the Consent Agenda Items 7-A through 7-C. Vote: 6 - 0 Passed - Unanimously A. CONSIDERATION OF approving the meeting minutes of the Special Meeting of October 30, 2019; the Special Meeting of November 5, 2019; the Combined Regular Meeting and Work Session of November 5, 2019; and the Regular Meeting of November 19, 2019. B. CONSIDERATION OF adopting Resolution 2019-54, abandonment of the 10' Public Utility and Drainage Easement at the rear of Plat 603-C, Block 5, Lot 21. (EA 2019-18) C. CONSIDERATION OF Resolution 2019-58 declaring as a Public Record that certain document filed with the Town Clerk and entitled "2019 Amendments to Chapter 13, Cable Communications, of the Fountain Hills Town Code"; and Ordinance 19-18, adopting the "2019 Amendments to Chapter 13, Cable Communications, of the Fountain Hills Town Code"by reference. 8. REGULAR AGENDA A. CONSIDERATION OF appointment to the Board of Adjustment. Combined Regular Meeting and Work Session of December 3, 2019 4 of 12 MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Mike Scharnow to appoint Jeremy Smith to the Board of Adjustment with his term expiring October 31, 2021. Vote: 6 - 0 Passed - Unanimously Mayor Dickey thanked Daniel Halloran for his past service to the Board of Adjustment. B. PUBLIC HEARING AND CONSIDERATION OF adopting Ordinance#19-16, a text amendment to the Town of Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations, Sections 6.08 Zoning Districts Table, 6.08. M. and 6.08. Q. The amendments update the Zoning Districts Table with the new language, replace the existing language in Section 6.08 M. regarding Garage Sale Signs with new provisions for Residential Directory Signs and eliminate Section 6.08. Q. regarding Open House Signs.(Case #Z2019-06) Mayor Dickey noted that the Public Hearing had been opened at the prior meeting (November 19, 2019) and continued to this meeting. Development Services Director John Wesley briefly reviewed the item, noting that a few years ago the U.S. Supreme Court determined that cities/towns can no longer have regulations for signs based on content, which is currently what is included in the Town Code. He said that they are doing a comprehensive update to that code to be compliant, but as they looked at it one of the most problematic sections has to do with temporary signs, such as garage sale and open house signs. These two signs are dealt with by the Town's Code Enforcement Officer on a weekly basis. Mr. Wesley said that the current Code provides regulations for garage sale signs and a separate section provides regulations for open house signs. The regulations are similar but not exactly the same. To properly enforce the requirements of the code for these two signs, they must read the sign. Therefore, these sign types are not in compliance with the Court ruling in Reed v. Town of Gilbert. This creates a challenge to the enforcement of these ordinance provisions. Staff's proposal is to delete the two current sign designations in the ordinance and replace them with one new sign type — Residential Directional Signs. The new regulations are a combination of the requirements in the code today for the two types of signs. The proposed new language clears up a problem with regards to Shea Boulevard. Currently, garage sales signs may not be posted in the Shea Boulevard right-of-way and open house signs shall not be within 150 feet of the Shea right-of-way. It is difficult for the average person to know where the Shea right-of-way is or be able to then measure the distance from the right-of-way. The proposed code standardizes the distance and measures it from the curb which is easy to locate. There is one issue still remaining with regard to temporary signs along Shea Boulevard. While most subdivisions along Shea take their access from a street other than Shea (e.g. The Villas at Firerock are accessed from Firerock Country Club Dr.; Belera at Firerock is accessed from Belera Dr.) which provides a street Combined Regular Meeting and Work Session of December 3, 2019 5 of 12 other than Shea to place a sign to direct people into the subdivision, there is one subdivision, Palatial Estates, that accesses Shea Blvd. directly. A request has been made to amend the proposed ordinance to allow this as an exception to the current language in the code. Staff has not made any adjustments to the draft ordinance in response to this issue; they prefer to address this topic as part of the larger sign code update so the issue can be considered in context with other changes being made to the ordinance. Mr. Wesley said that as they finalized the Code through the Planning and Zoning Commission, an item came up regarding medians. Currently, they are prohibited, but it was asked if they could be allowed in the frontage road medians, those along the side of Saguaro as an example. Staff thinks it is probably okay, but is not sure what the impact will be. Councilmember Scharnow asked if the restriction on Shea Blvd. has been there historically, or how it came to be. Mr. Wesley said that his understanding was that since Shea is a main thoroughfare there was some desire to keep it more pristine and uncluttered. Councilmember Scharnow asked if that could allow prohibitions on other boulevards; staff replied that they could. Councilmember Scharnow asked how they came to settle on a maximum of five signs. He asked if they talked about it at all, or just felt it was a good number. Mr. Wesley said that there was some ambiguity the way it was first written. He clarified that it would be one plus five. He said that the Code Enforcement Officer has been doing this for a number of years, and this was a number that worked well. Councilmember Tolis said that the issue with signs on Shea, in working with the real estate community, has been ongoing for 20 years. He said that he believed that Eagle Mountain designed their own open house signs, and same with Firerock. He said that something needs to be done with the entrance to Crestview, and suggested that they permit one sign on the roadway per development. For those developments with security guards, perhaps they could work with them to provide maps, etc. He said that Scottsdale allows them on Shea. Councilmember Brown said that he truly appreciated what Councilmember Tolis came up with. He said that it has been a point of contention for 18 years that he knows of. He said that they should take a look at the recommendation of having a custom sign; he does not think they will be plagued with many other signs and it would be a value to the Town. Mr. Wesley said that right now the Code said they cannot be within 150 feet of Shea; they could change that to 50 or 10 feet. Councilmember Brown suggested that it be from the curb, so it is visible. Vice Mayor Leckrone asked what the Commission's thinking was in wanting to move forward with the changes even though staff was hesitant. Mr. Wesley said that they really gave no detail. Mayor Dickey said that perhaps in the meantime it wo.J1d be more fair for those to Combined Regular Meeting and Work Session of December 3, 2019 6 of 12 be able to use the service road median. Councilmember Brown said that he did not know how to write it, but would agree with it being permitted. Councilmember Scharnow said that he thought they needed to tread more lightly since the court ruling opened up the floodgates. After further discussion Mayor Dickey said that this is not the first or last of the issue. They are trying to get a handle on the issue and some of this may change before they put it in as part of the sign ordinance. She said that she is prepared to go ahead with the motion as written, adding the Commission recommendation. Mayor Dickey closed the Public Hearing at this time. Upon further deliberation, it was noted that they were trying to address this issue now because of the Code Enforcement Officer is dealing with the issue so frequently. MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember David Spelich to postpone the item and have it come back with the entire Sign Ordinance revisions. Vote: 6 - 0 Passed - Unanimously C. CONSIDERATION OF a Cooperative Purchasing Agreement#2020-045 with Stabilizer Solutions, Inc. Mr. Miller said that this vendor provides decomposed granite rock in the rights-of-way for landscaping and also provides infill mix at the ballfields. Whenever the Town has had storms they have been on hand to help. This amount is for a five-year agreement for a maximum amount of$200,000, or approximately $40,000 a year. Community Services Director Goodwin said they have been one of the vendors that have worked through clean-up at Golden Eagle Park removing tons of debris and providing infill and outfield mix along with the laser leveling. They also helped the Town get the Four Peaks fields in good condition. Councilmember Spelich asked if this includes the rocks on the islands in the center. Mr. Weldy said that they are not the primary provider for that service. This contract is more specific to the parks. Councilmember Spelich said that the center medians are looking tired. Mr. Weldy said that they just received a quote back for that and it was ridiculously high for the design so they are going back to the drawing board. He noted, however, that the corner of Shea and Palisades, which they previously discussed will have something done within the next 30 days. Combined Regular Meeting and Work Session of December 3, 2019 7 of 12 MOVED BY Councilmember Mike Scharnow, SECONDED BY Vice Mayor Sherry Leckrone to approve the Cooperative Purchasing Agreement#2020-045 with Stabilizer Solutions, Inc. in an amount not to exceed $200,000 ($40,000 annually) over the life of the five-year contract. Vote: 6 - 0 Passed - Unanimously D. CONSIDERATION OF approving the Town Council Meeting Dates and Summer Break for 2020. Mr. Miller said that the proposed schedule is something they do each year so that staff and the public can plan accordingly. It was brought to their attention that the Council Retreat shown on the original list was in error; the Retreat will be held on February 25 and a corrected schedule had been placed on the Council dais. Mayor Dickey said that when they have their meeting on June 16, 2019, if they feel they want those minutes to be available sooner than the August 24, 2020, meeting, they will find a way to get those out. MOVED BY Vice Mayor Sherry Leckrone, SECONDED BY Councilmember Dennis Brown to approve the proposed meeting schedule for 2020, as corrected (Budget Retreat on 02/25/2020). Vote: 6 - 0 Passed - Unanimously E. CONSIDERATION AND POSSIBLE DIRECTION to staff regarding the requirements for providing hillside protection easements, the abandonment of existing easements, and the fee for easement abandonments. Mr. Wesley said that the Council discussed this last year at their retreat. Staff was ready to come back in August for further discussion, but it has continued to be put off for a variety of reasons. He then briefly reviewed the staff report which gave some history on the matter. Councilmember Brown said that it was probably one of the best staff reports he has seen come out of Town Hall. He said that the only concern he has with staff having the ability to make an adjustment is that, although the staff they have today has the ability, in five years they may have other staff that is not willing to work with developers. Mr. Wesley said that this is what he is suggesting. He has not written the wording yet, and there are ways to address specific situations. Mr. Miller said that he thought they could come back and write a procedural type of information that is codified. To the point, if they had turnover they would have some policy guidelines for staff to follow. He said that the other issue discussed during the past Retreat was the consistency in charging the $350 fee. He said that part of this recommendation is that they will charge that fee consistently at the time they apply for the application. Also, the issue of existing easements being abandoned, they tried to find a way to legally Combined Regular Meeting and Work Session of December 3, 2019 8 of 12 give those, but they are individual documents and they really do have to be handled on a case-by-case basis. If the Council is interested, they will see if there is something that can be written into the Code to give staff authority to approve those, to make it easier for the applicant. Councilmember Scharnow asked if the $350 covers the staff time for reviewing and preparing the report. Mr. Wesley said that they are currently undergoing a fee study and it may come back that the fee should be lower or higher. Councilmember Brown said that he believes that the staff should be handling those, and he agrees with the $350 for the time staff puts into it. He has often wondered why they are put on the Council agenda. He has never seen one denied. Mr. Miller said that 90% of the easement abandonments are very routine. Once in a while there may be a neighbor dispute and those may end up coming to Council. He said that the protection of the natural beauty of the hillsides in the Town is one of the important development requirements that helps make Fountain Hills unique and attractive. There are, however, improvements that can be made to the requirements to make the process more flexible for unique development situations, and he then reviewed staffs recommendation. MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Mike Scharnow to direct staff to: 1. Explore and bring back recommendations from the Planning and Zoning Commission on modifications to Section 5.04 of the Subdivision Regulations that will allow additional, lot specific adjustments to be made; 2. Continue to process H.P.E. abandonment requests on a lot by lot basis; 3. Explore options to allow approval of some hillside easement abandonments administratively; and, 4. Utilize the existing $350 fee for easement abandonment for the processing of these request Vote: 6 - 0 Passed - Unanimously F. DISCUSSION AND DIRECTION on calling a Special Election in May 2020 or as part of the Primary Election in August 2020 for the Daybreak development referenda questions. Mr. Miller said that this item had been placed on the agenda to allow the Council an opportunity to determine whether they wanted to call a special election to place on the ballot the questions which had been referred. He said that there are advantages and disadvantages as indicated in the staff report. Vice Mayor Leckrone said that the cost is a concern to her, but she also does not want to make it more difficult for someone to vote, so she asked for clarification on the issue with an August ballot. Town Clerk Elizabeth Burke replied that if someone is not registered as one of the recognized parties, they would need to contact the County and let them know which primary election ballot they would like Combined Regular Meeting and Work Session of December 3, 2019 9 of 12 to receive. Arizona has open primaries, which means that those known as "independents" may select which party ballot they would like, or they could request just a Town ballot. Regardless, they have to contact the County directly to make that selection when it is done in conjunction with the primary election because those are partisan elections (outside of the nonpartisan Town election). Councilmember Tolis asked if they could hear from someone in the audience that was part of the referenda action, what their preference would be. Pete Brock, Chairman of the Smart Growth referenda efforts, said that he has not seen the report, but would urge the Council schedule a May special election where it would be the only question on the ballot. He said that by moving the vote to August risks disenfranchising the voters. He said that according to the Manager, there are significant indirect costs that the Council would incur if they postponed, such as the continuing public records requests and also disenfranchising the voters. The mail ballot would reach every registered voter and provide for quicker results. Councilmember Spelich said that he realizes that he preaches about not spending money, but it seems like the extra money it would cost to have a May election without disenfranchising the voters might be the thing to do. Mayor Dickey added that the primary turnout in 2018 for partisan elections was good, but for independents it was around 4%. Also, when the questions are on the primary, the local questions would be at the end of the ballot which may be impacted by voter fatigue. She really thought they should hold it in May. Councilmember Scharnow asked Mr. Miller if they could find the extra money to cover the costs. Mr. Miller said that they could find the extra needed money. Councilmember Scharnow said that in the best interest of everyone involved, to settle the issue once and for all, he would agree with the others and support a May election. Councilmember Tolis asked if it would be possible that the Town put other things on the agenda. Mr. Miller said that they could, as long as they are permitted by law. Councilmember Tolis asked if they could also ask the question of whether the residents would support the Town purchasing the property so that no development could occur at that location. Mr. Arnson said that staff would research that further and would bring back a resolution to the December 17, 2019, to formally call the election. After questioned, it was clarified that if the questions did not pass, the property would revert to the prior designation. Councilmember Scharnow said that in light of their topic coming up after this agenda item, with the amount of money they will need to fix the streets, he cannot see any kind of question on the ballot for the Town to purchase the property. Mr. Miller said that he has worked in New England where they would oftentimes include "advisory" language on a ballot, but they could not do that in Arizona. However, it does not mean that a survey could not be done. Combined Regular Meeting and Work Session of December 3, 2019 10 of 12 MOVED BY Vice Mayor Sherry Leckrone, SECONDED BY Councilmember Mike Scharnow to direct staff to bring back a resolution for consideration at the December 17, 2019, Town Council Meeting calling for a Special Election in May of 2020 for the purpose of referring referenda addressing the proposed Daybreak development. Vote: 6 - 0 Passed - Unanimously 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s)listed below are related only to the propriety of(i)placing such item(s) on a future agenda for action, or(ii) directing staff to conduct further research and report back to the Council. 10. ADJOURNMENT MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Mike Scharnow to adjourn the Regular Meeting of December 3, 2019. Vote: 6 - 0 Passed - Unanimously The Regular Meeting of December 3, 2019, adjourned at 6:53 p.m. and a short break was held. WORK SESSION Pursuant to the Council's Rules of Procedure, no public comment is taken at work sessions. Work sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration of the Council. 1. CALL TO ORDER The Fountain Hills Town Council reconvened into the Work Session at 7:01 p.m. at which time Mayor Dickey called to order the Work Session of December 3, 2019. 2. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the establishment of pavement condition standards to be used in developing a 10-year Pavement Management Program. Public Works Director Justin Weldy said that back in September the Council discussed the need for a ten-year plan to address the needs of the community with respect to streets and at that time they directed staff to move forward with development of such a plan. He said that Zach Thomason with IMS is here this evening to review what has been done and provide the Council with various options. Mr. Thomason then came forwarded and reviewed a PowerPoint presentation (Exhibit A attached hereto and made a part hereof) which addressed: Combined Regular Meeting and Work Session of December 3, 2019 11 of 12 SCALE OF INVESTMENT FOUNTAIN HILLS PCI RESULTS FOUNTAIN HILLS RESULTS - 3 METRIC OF HEALTH Mayor Dickey noted that while the Town's overall average is not bad, it is not that great of a measurement because there is a lot of backlog. FUNCTIONAL CLASS COMPARISON PARAMETER UPDATE ENSURING BACKLOG CONTROL IS CRITICAL NETWORK NEEDS & FUNDING Mr. Thomason said that after they achieve a desire letter grade or PCI they can run another model and determine what it will cost to maintain the system. ANALYSIS FINDINGS 1-5 NEXT STEPS Discussion was held on the need to narrow some of the wider streets so the cost of maintenance is not so high. Mr. Miller said that if they could get consensus on the rating conditions, he thinks they could move forward. There will be additional work to come up with the capital costs for some narrowing. He said that he would not want it to be a distraction, but he did want to see a 20-year period of time model, once the 10-year plan is done. Mr. Weldy said that they should keep in mind that the level of service they are asking for tonight and the funding will include a percentage of what will be necessary to use for additional imporvements. They may need to make changes to handicap ramps, minor drainage modifications, etc. While is is an incredible amount of money to take care of this program, there are also other infrastructure needs tied to the roads. Mayor Dickey said that the grades to her do not mean that much, except in looking at what their responsibility is to prevent the backlog. When they come back and talk about money she would like to figure out what the critical point is, how much and when. Other than that, she agrees with the others. To summarize, Mr. Miller said that they will determine what the Pavement Management Plan will consist of the levels presented by staff, run the budget model and provide the amount of funding needed and what they get for it. Mr. Thomason said that they would be looking to keep the backlog below 12%, and build around $5.5 million annually over a ten-year horizon. It is prioritizing by functional class. He said that they will see a map of the roads and the projects to be selected. Mayor Dickey said that another thing they will need to consider is to come up with a plan, if the vote for bonding should fail. Combined Regular Meeting and Work Session of December 3, 2019 12 of 12 Mr. Thomason said that they would generally be doing about $3 million to $5.5 million as a target. They could also run the model at $2.5 million and maybe somewhere in between. He added that it can always be updated as well. 3. ADJOURNMENT There being no further business to discuss, the Work Session of December 3, 2019, adjourned at 7:51 p.m. TOWN OF FOUNTAIN HILLS cktf.„ Ginn .Dickey, aybr ATTEST AND PREPARED BY: Elizabet urke, Town C erk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Combined Regular Meeting and Work Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 3rd day of December, 2019. I further certify that the meeting was duly called and that a quorum was present. DATED this 17th day of December, 2019. 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