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HomeMy WebLinkAbout2020.0121.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 21, 2020 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Ginny Dickey Mayor Dickey called the meeting of January 21, 2020, to order at 5:30 p.m. 2. ROLL CALL — Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Sherry Leckrone; Councilmember Mike Scharnow; Councilmember Art Tolis; Councilmember Dennis Brown; Councilmember Alan Magazine; Councilmember David Spelich Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke 3. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Town Manager Grady E. Miller reported that the Town has been using Jack Lunsford to help lobby on the oroposed flight path changes. They have learned that the Federal Aviation Administration (FAA) has opted to not make any changes at this time, so status quo is in the Town's favor. They will continue to fly in the open space east of Fort McDowell. They also learned that the City of Scottsdale may challenge that decision, but as far as the Town is concerned, no change is good. He said that it was a good example of how expending money on a lobbyist that has good connections is helpful to the Town. Councilmember Scharnow reported that he and Councilmember Tolis, along with Mayor Dickey, attended the tour of the new casino at Fort McDowell. He said that it was quite impressive and they are hoping to open later this summer. Councilmember Tolis reported that he and the Mayor attended the Governor's Breakfast and State of the State and he was happy to learn that the State has $1 billion in the rainy day fund. There was only positive news about the economy in Arizona. He said that hopefully they will see some of the success coming to Fountain Hills. Councilmember Magazine noted that the state budget includes quite a bit of resources for education which he was pleased to see, and they are fully funding the 2020 commitment. Mayor Dickey said that it was a great tour at Fort McDowell, led the President Bernadine Burnette, who she then congratulated for being re-elected as President as well as Tribal Board Members Doka and Thomas. She reported that she attended an opening for the new building at the Fountains Methodist Church. She attended a Scottsdale Chamber event and an East Valley Chamber Alliance event. She also attended, with the Town Manager, the public meeting regarding the proposed hospital. She attended the East Valley Mayors lunch in Carefree, and discussed short term rentals and S614876. And, she participated in the Toastmasters presentation to the Mayors Youth Council. Regular Meeting of January 21, 2020 Page 2 of 9 A. 0 Mayor Dickey said that she signed a letter in support of the Heritage Fund. She said that last year the State reinstated the Heritage Fund and this year the cities and towns of the State are asking them to fund it. RECOGNITION OF Students of the Month for January 2020 Mayor Dickey explained that during the 2017 Fountain Hills Leadership Academy Tom Lindsey had proposed a project for the Town Council to award Student of the Month awards to bring the schools and Town together. She then invited Mr. Lindsey forward to say a few words. Mr. Lindsey congratulated the Town Council and complimented and thanked them for implementation of the new Stellar Student of the Month awards. He said that he was part of one of these programs for 17 years in another community and it provides many benefits. It brings together people that do not always come together, such as students and their parents may not normally attend a Council meeting and those attending or viewing Council meetings may not have a student in school to know what is going on there. He said that Excellent Schools = Excellent Communities, and vice versa. He thanked Dr. Allen and the School District, and also thanked Mr. Miller who supported the idea from the beginning. He especially wanted to thank Angela from the Town and Jeanette from the School District for getting everything put together. Mayor Dickey then read a statement on each of the students and invited them forward to receive their certificates and have a photo taken. Below are the students for January 2020: Emily Van Orden McDowell Mountain Elementary School Reed Keating McDowell Mountain Elementary School Logan Robinson Fountain Hills Middle School Luke Giger Fountain Hills High School Faith Shannon Fountain Hills High School PROCLAMATION of January 2020 as National Mentoring Month Mayor Dickey invited Roger Riggert forward to receive the proclamation which she read and presented to him. Mr. Riggert said that it was good to see the students recognized. He has been working as a mentor in the schools for the last 20 years and the mentors get as much out of it as the students. Mayor Dickey said that when she served on the School Board the students held a session on the mentoring program. She said that it was very unique and effective. C. UPDATE on Census 2020 Mr. Miller said that 2020 is the year that the country will be going through the Census and it is very important to cities and towns. He then introduced Economic Development Analyst Jodi James who came forward with a PowerPoint presentation which addressed: WHAT TO EXPECT IN THE MAIL SAFETY GET NOTIFIED Regular Meeting of January 21, 2020 Page 3 of 9 JOINT THE 2020 CENSUS TEAM CREATIVE PRINT ADS She said that they will reach out to churches, schools and civic groups to present information, and she has a complete toolbox of information that she is hoping to share with others to help get the word out on the importance of the Census and how it will work. Mr. Miller said that one example of how the funding is received is through the CDBG (Community Development Block Grants). These are funds that flow to each of the states from the federal government and then on to the local governments. It is all based on the Census numbers and the Town wants to have those numbers be accurate. Mr. Miller noted that the Maricopa Association of Governments (MAG) is putting money into advertising for the Census as well. Mayor Dickey added that in addition to the funding, the Census numbers will determine if the State gets another one or two Congress people. She said that she appreciated the work being done by the Town. 4. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION by Executive Director of the Fountain Hills Chamber of Commerce Betsy LaVoie Executive Director Betsy LaVoie of the Fountain Hills Chamber of Commerce gave a PowerPoint presentation which addressed: STAFF ADVOCACY EDUCATE SUPPORT NETWORKING & EVENTS RIBBON CUTTINGS THE 5 O'CLOCK MIXER LUNCH MOB ART FAIRS FOUNTAIN FESTIVAL OF FINE ARTS AND CRAFTS THANKSGIVING DAY PARADE STROLL IN THE GLOW AND CHILL IN THE HILLS MAYOR'S STATE OF THE TOWN ADDRESS CHAMBER GALA COMMUNITY EXPO FOUNTAIN HILLS CONNECT BREAKFAST She then noted that because this is the Chamber's 45th year anniversary, they wanted to present a check to the Town, as a show of collaboration and appreciation, in the amount of $4,500. Councilmember Magazine thanked Ms. LaVoie for her presentation. He said that they will all miss Sharon, but they are very fortunate that Sharon mentored Paige, and she has done an outstanding job. Regular Meeting of January 21, 2020 Page 4 of 9 Mayor Dickey thanked Ms. LaVoie for coming and for the Chamber being partners with the Town to help the community grow. She thanked the Chamber for taking on the State of the Town as a free event for the community, and she thanked them for being a resource with James Smith and Jodi James. Councilmember Tolis seconded the comments. He said that he thought Betsy has brought a new energy, and he is happy that she is now in the leadership role. B. PRESENTATION OF the "Golden Eagle Park Drainage Improvements Technical Report," from representatives of J.E. Fuller, Hydrology & Geomorphology, Inc. Mr. Miller reported that back in October 2018 the Town had a devastating flood. Thanks to the Public Works Department doing preemptive planning, they were able to minimize more damage with the September 2019 storm. Tonight they will be provided part of the evaluation on how to address the washes/drainage situations at Golden Eagle Park so they do not continue to have damage. He said that the park was designed to be a drainage solution for neighborhoods in that area. It did what it was intended to do, but some problems arose that need to be addressed further. He then invited Public Works Director Justin Weldy forward. Mr. Weldy said that they have faced some challenges in the Golden Eagle impoundment. After the flooding in 2018, they removed the trash racks and since that time they have had more positive effects from flow as it goes through the Park. He said that the Town Engineer just received word that the Town was selected by the Flood Control District to receive a $90,000 grant, requiring a $30,000 match by the Town, to help offset improvement costs. He then introduced Richard Waskowsky and Ted Lehman with JE Fuller. He said that JE Fuller had done work during the Ashbrook Wash Redeliniation Study and they were able to use much of that information to address the Golden Eagle improvements. \Mr. Waskowski then provided a PowerPoint presentation which addressed: GOLDEN EAGLE PARK DRAINAGE IMPROVEMENTS - October 2, 2018 Storm - September 23, 2019 Storm OCTOBER 2, 2018 STORM MODELING RESULTS RECOMMENDED DRAINAGE IMPROVEMENTS RECOMMENDED DRAINAGE IMPROVEMENTS (Golden Eagle Park) - Subtotal Construction: $520,200 - Total Construction: $872,500 RECOMMENDED DRAINAGE IMPROVEMENTS (Ashbrook Wash) - Subtotal Construction: $380,600 - Total Construction: $593,600 - Easement: $ 8,400 - Total Estimated Cost: $602,000 With regard to the recommended bollards, Councilmember Scharnow asked if they are able to accommodate cleaning up 92 bollards after a storm event. Mr. Weldy said that the intent of the bollards is to stop the larger debris. They currently have them at several of the other dams, and at those locations they have had a positive experience. They will concentrate on the areas based on their knowledge and experience. They would attempt to address them up front and would then have to determine, based on the type and intensity of the event, whether Regular Meeting of January 21, 2020 Page 5 of 9 they would need outside help. Councilmember Magazine said that the cost woke him up, and the word "about" with respect to costs concerned him. Mr. Waskowsky noted that these are conceptual costs analyses based on conceptual designs. They are at around 15% design right now so there are contingency numbers included. As the design is refined the contingency number would come down and the costs would be more refined. Councilmember Magazine asked, if they were pushed real hard, what they would not do. Mr. Waskowsky said that the cement basins are probably one item they could consider, but they are not a big cost item. He talked with Mr. Weldy and Mr. Harrel to refine the footprint, but it is relatively a large area. Mr. Waskowsky said that the topography they had was prior to the 2018 flood, so since then they have had two floods and they do not know what the ground looks like. The first step would be to get an accurate picture of what the ground looks like, then design and give to contractors for proposed costs. Mr. Miller said that this was the preliminary review. Staff has put together a CIP project just for these improvements. They believe they will be splitting it into two projects as presented tonight. Mr. Miller said that they were able to save a step on the preliminary aspect because JE Fuller had already worked on Ashbrook Wash. That saved them some money and some time. Mr. Miller said that they will be coming back to Council in the future. They were trying to get this scheduled for last fall. As they get into the capital budget in March, this will give Council a heads up. At the time they prepared this, they did not realize they had the Panorama Issue, which is very close to the total costs for this project. Councilmember Magazine asked if it could be part of a bond package and if they could discuss it at the Retreat. Mr. Miller said that they could discuss it at the Retreat. Councilmember Spelich asked if there was a Plan B, something less expensive. Mr. Weldy said that this proposal was not really a Cadillac, it was right down the middle and it will minimize potential damage in the future. He said that they can start looking at that as part of the design and consider items they could eliminate. Mr. Miller added that it would be a multi -year project, but he would like to put the engineering analysis in next year's capital budget, then they will have a better idea of what projects will actually cost for future years. Councilmember Spelich asked how many homes were involved in potential problems and asked if the property owners were aware there was a problem. Mr. Waskowsky said that he believed it was six to eight homes. He clarified that there has not been damage in the past to the homes; it would only be a possibility if the area continued to erode. Councilmember Scharnow asked if the environmental fee could be used for this work, if it is put back into place. Mr. Arnson said that as far as he knows. Assuming it goes back into effect he is not aware of any restrictions that would apply. Councilmember Scharnow said that one thing he considers is that the 2018 storm was considered a 10-year event. He could not imagine the amount of damage if they had a 50-year or 100-year event. Regular Meeting of January 21, 2020 Page 6 of 9 Mr. Waskowsky noted that none of the improvements are maintenance -free; it all includes a maintenance cost. The amount of damage from the 2018 event was partially because they had deferred maintenance in the past. Mr. Miller noted that the improvements made after the 2018 storm were make -shift; this is more of a permanent fix. Mr. Weldy added that the changes they made to the three washes and impoundment area were a reactive measure. They built larger, wider, deeper channels and created more storage on the face of the dam. Later on they removed the trash racks which allows the trash to go forward. He said that all of the work they did was temporary; they have not had an opportunity to go back in and remove the mountain of material. Mayor Dickey said that this does demonstrate what happens when they do not have the funding available to do what is needed. She said that the sinkhole will probably be the same type of issue and they will have to see what gets recommended to Council. She appreciated the information and all of the work that everyone did to make the park usable. 5. 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. Walt Franklin, Fountain Hills resident, addressed the Council regarding the ordinance adopted to change the term of Mayor. He said that he was sorry to hear that they moved forward with it. It was clarified that this item is not effective until after it is approved by a majority of the voters at the May 19, 2020, Special Election. 6. 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 Councilmember Alan Magazine, SECONDED BY Vice Mayor Sherry Leckrone to approve Consent Agenda Items 6-A through 6-K. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION OF approving the meeting minutes of the Special Meeting of January 7, 2020, and the Regular Meeting of January 7, 2020. B. CONSIDERATION OF approving a Special Event Liquor License application for the Town of Fountain Hills for a beer garden in conjunction with the Music Fest on April 4th, 2020. C. CONSIDERATION OF approving a Special Event Liquor License application for the Valors on 8th for a beer garden in conjunction with the Mountain to Fountain race on March 1, 2020. Regular Meeting of January 21, 2020 Page 7 of 9 D. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for the purpose of a fundraiser to be held on March 1, 2020. E. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for the purpose of a fundraiser to be held on March 6, 2020. F. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for the purpose of a fundraiser to be held on April 17„ 2020. G. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for the purpose of a fundraiser to be held on April 19, 2020. H. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for the purpose of a fundraiser to be held on June 8, 2020. CONSIDERATION OF approving a Special Event Liquor License application for A Dog Inc., for a beer garden in conjunction with the Woofa Palooza on April 5, 2020. CONSIDERATION OF approving a Special Event Liquor License application submitted by Samuel D. Coffee for the Fountain Hills Veterans Memorial Inc, fundraiser to be held at the Fountain Hills Community Center on February 14, 2020. K. CONSIDERATION OF approving a Special Event Liquor License application for Fountain Hills Sister Cities, for a dinner to be held at the Fountain Hills Community Center on April 18, 2020. 7. REGULAR AGENDA A. CONSIDERATION OF Resolution 2020-03, adopting development fees in compliance with A.R.S. § 9-463.05. Mr. Miller said that the purpose of development fees is to have growth pay for growth. Under state law every ten years they are required to do an update and every five years a refresh. They started the process 197 days ago; from beginning to end it is a 270 day process, according to state law. Finance Director David Pock gave a brief PowerPoint which addressed: DEVELOPMENT IMPACT FEE - TIMELINE PROPOSEDFEES Councilmember Tolis asked when the fees would be assessed, with some of the upcoming projects that are commercial. Mr. Pock said that the fees are assessed when they pull their permits. Like with Keystone, they have inquired and hope to pull their permits prior to April 5. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan Magazine to adopt Resolution 2020-03. Vote: 7 - 0 Passed - Unanimously Regular Meeting of January 21, 2020 Page 8 of 9 B. CONSIDERATION OF Ordinance 20-01 amending Chapter 25 of the Fountain Hills Zoning Ordinance, Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to allow consideration of residential densities in excess of eight (8) units per acre. (Case #Z2019-08) Development Services Director John Wesley said that this was more of a housekeeping item. Back in 2016 the Town added to the Zoning Code some text to equalize some of the allowances for noise in the downtown area. In 2017, with that in place and with thoughts that it would be beneficial to have mixed use residential, staff came back and asked for an amendment to allow for mixed use projects, for residential above the retail, but it was with a density cap at eight units per acre. He said that they have since had a couple of people come in proposing nice mixed -use projects, but both exceeded the eight units per acre. With that in mind, they looked at options as to how to give the developments an opportunity and his recommendation is to amend the ordinance by allowing higher density, but requiring a Special Use Permit. That was being proposed to provide an opportunity to have a specific review on the parking. They are recommending adding a subsection in Chapter 25. MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Art Tolis to adopt Ordinance 20-01. Vote: 7 - 0 Passed - Unanimously C. DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature. Mayor Dickey said that they will be adding this agenda item to each meeting while the State Legislature is in session, to provide an opportunity to review any proposed legislation they wish to discuss. She said that they had their first legislative call today, and she encouraged Council members to attend it if interested. She said that if they see through the Legislative Bulletin a bill that they have concerns with, let staff and the Mayor know, and they will have it ready. She added that if they are unavailable to attend the calls, the League also prepares notes from each of the meetings that are available. 8. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. None 9. ADJOURNMENT MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Alan Magazine to adjourn. Vote: 7 - 0 Passed - Unanimously Regular Meeting of January 21, 2020 Page 9 of 9 The Regular Meeting of the Fountain Hills Town Council held January 21, 2020, adjourned at 7:05 p.m. TOWN OF FOUNTAIN HILLS I Ginny ickey, M yor ATTEST AND PREPARED BY: Eli abet rke, Town Cle AW CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 21st day of January, 2020. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of February, 2020. ..- - town