HomeMy WebLinkAbout2020.0218.TCRM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 18, 2020
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey
Mayor Dickey called the Regular Meeting of February 18, 2020, to order at 5:30 p.m.
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 Alan Magazine; Councilmember David Spelich
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 Scharnow reported that he attended the breakfast on February 6, 2020, for the
Canadian residents. He said that there were around 75 people in attendance and they heard
from Glenn Williamson, Founder of the Canada Arizona Business Council and Honorary Consul
of Canada, Joe Bill with the International Dark Sky Discovery Center, and staff. This was`to
promote new relationships between Canadian residents and business people and the Town of
Fountain Hills.
He said that he, along with Councilmember Tolis and Mayor Dickey, attended the inauguration
of the new officers with the Fort McDowell Yavapai Nation and he congratulated them all.
Councilmember Tolis said that the inauguration was a nice event and it was important to
continue to foster a strong relationship. He said they are doing a great job of expanding their
casino and that is great for Fountain Hills as well.
Mayor Dickey reported that she attended the Pony Express, Concourse in the Hills and the
Rotary lunch. She and staff attended a tour of the Southwest Wildlife Conservation Center,
which was very interesting, and she thanked Denise Dunning -Ricketts for the invitation.
She reported on Encore for More, previously Senior Services. She said that she attended the
Love in the Hills on Valentine's Day and she thanked Sami and Stephenie for that event. She
also attended the Heritage Festival and watched people paint the bollards and the 50th sign at
Fountain Park.
Regular Meeting of February 18, 2020 Page 2 of 13
A. A proclamation declaring February 2020, as Women's Suffrage Month.
Mayor Dickey invited Karen Ramos and a representative of the American Association of
University Women, representing Fountain Hills, Rio Verde and Scottsdale, forward to
receive the proclamation which she then read, commemorating the 100th anniversary by
proclaiming February as Women's Suffrage Month.
B. PRESENTATION by Consul Enrique Melendez, Executive Director of the Consular Corps
of Arizona, of the Key to the City from Ataco, El Salvador to the Town of Fountain Hills.
Consul Enrique Melendez, Executive Director of the Consular Corps of Arizona, said that
they now have 43 nations represented, with Latvia just coming in. They have had three
honorary consults in Fountain Hills, for which they have received many acclaims for being
the smallest municipality with three. They include Poland, the Netherlands and El
Salvador.
He said that he was there to present two plaques that are very important to all of them and
the Sister Cities groups. First is on behalf of the Mayor Oscar Gomez from the City of
Ataco, El Salvador and 17 members of their city council. He said that it was a Key to the
City, given to him last month in El Salvador.
The second is for Sharon Morgan's dedication and love of the Sister Cities Program
throughout the years. He said that 2006 they took students and chaperones to build
homes in the jungle. He then read the plaque and presented a copy of the English version
to the Clerk for distribution to the Town Council, Mayor and Councilmembers.
Consul Melendez said that after 9/11, El Salvador was the only nation in the western
hemisphere to send troops to Iraq. He said that he and his wife were there to send off the
forces, and it was a great honor.
He said that before Senator McCain went to heaven, they became friends and he had
asked him, with all due respect, what he liked best about El Salvador --if it was the lakes,
the ocean, the rivers, the volcanoes. Senator McCain said that it was their hearts.
At this time the Mayor and Town Manager Grady Miller went down and had a photo taken
with Consul Melendez, along with members of the Sister Cities groups.
6. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
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.
Regular Meeting of February 18, 2020
Page 3 of 13
The following individuals addressed the Council:
Steve Messel, Fountain Hills resident, voiced concern with the millions of dollars proposed
to be spent on widening Shea and the roundabout near Town Hall.
Michelle Webb, Fountain Hills resident, voiced concern with the proposed widening of
Shea. She then thanked the Mayor and Council for their time and efforts.
Mayor Dickey reported that they had recently received questions about the ability for
residents to vote on Fountain Hills items even if they were not registered in Fountain Hills.
She asked Mr. Arnson to report on his findings.
Mr. Arnson said that on local issues, or district elections, while they may be eligible to
vote, generally they have to be a registered voter in Arizona, based on advice from the
Arizona Secretary of State's Office.
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 Councilmember Mike Scharnow, SECONDED BY Councilmember Alan
Magazine to approve Consent Agenda Items 7-A through 7-H.
Vote: 7 - 0 Passed - Unanimously
A. CONSIDERATION OF approving the meeting minutes of the Regular Meeting of February
4, 2020.
B. CONSIDERATION OF Resolution 2020-06, abandonment of the 20' Public Utility and
Drainage Easement at the northerly (rear), and abandonment of the 10' Public Utility and
Drainage Easement at the westerly side, both of Plat 403 B, Block 2, Lot 8. (16807 E.
Monterey Drive) as recorded in Book 159, page 11, records of Maricopa County, Arizona.
(EA 2020-01)
C. CONSIDERATION OF approving the final plat of "Replat for Adero Canyon - Parcel 5", a 54
lot residential subdivision.
D. CONSIDERATION OF approving a Special Event Liquor License application for the
Fountain Hills Cultural Civic Association to serve liquor in conjunction with the Fountain
Hills Cultural Civic Association Member Appreciation event on March 13, 2020.
E. CONSIDERATION OF approving a Special Event Liquor License application for the
Fountain Hills Dark Sky Association to serve alcohol in conjunction with the Dark Sky
Festival on March 28, 2020.
F. CONSIDERATION OF approving a Special Event Liquor License application for the
Fearless Kitty Rescue to serve alcohol in conjunction with a fundraiser at the Fearless Kitty
Rescue on May 8, 2020.
Regular Meeting of February 18, 2020 Page 4 of 13
G. CONSIDERATION OF approving a Special Event Liquor License application for the
Fountain Hills Veterans Memorial for a beer garden in conjunction with the Irish Fountain
Fest on March 14, 2020.
H. CONSIDERATION OF approving a Fair/Festival Liquor License application for the Desert
Diamond Distillery for a beer/wine garden in conjunction with the Thunderbirds Fine Art and
Wine Festival on March 6-8, 2020
8. REGULAR AGENDA
A. CONSIDERATION OF Ordinance 20-03 amending Chapter 12, Commercial Zoning
Districts, by adding a new provision to Section 12.02 B., to allow indoor vehicle sales and
rentals in the C-1 zoning district.
Development Services Director John Wesley said that a few months ago they received a
request to allow for vehicle sales in the C-1 zoning district. He said that they are currently
allowed by right in C-3, and by Special Use Permit in C-2. He said that C-1 is pretty much
a neighborhood. In discussing it with the applicant, they came up with a list of things that
could be used. What is being recommended tonight is from staff and the Planning and
Zoning Commission:
1) All display sales activities would take place indoors
2) No maintenance or washing allowed
3) Maximum area would be 5,000 square feet to keep the number of vehicles down
4) Currently in C-1 businesses have to be closed by 11:00 p.m. The Commission
recommended that for this use, it be 9:00 p.m. with no overnight parking.
Mr. Wesley noted that this change would apply to all C-1 property in the Town.
Carl Krawczyk, representing the VFW 7507, said that the Veterans own the building right
behind this building and they have no objection as to the use. He just wanted to make
sure it was clear that the VFW had no involvement with this business, even though it is
named Veterans Auto Center.
Councilmember Tolis asked if there were any other buildings in the C-1 larger than 5,000
sq. ft. Mr. Wesley said that from the beginning they had discussed there being some size
limit and they settled on 5,000 sq. ft. Their concern was that if it got larger than that, the
traffic may become a problem for the neighborhood.
Councilmember Tolis said that he would be in favor of eliminating that. Also, he said that
there is parking throughout that entire area, and he would think it would be restrictive to
not allow overnight park, and he asked about the enforceability.
Councilmember Tolis also questioned the requirement to close at 9:00 p.m., when all
other business in the C-1 could remain open until 11 p.m. He said that the Town wants to
encourage success of its businesses.
Councilmember Brown asked if staff explained why they could not do this with a Special
Use Permit. He was concerned with changing the entire ordinance for one business. His
office is at the end of the VFW building, and he is totally for this. It is a good use and a
good location, but he wondered why they did not just go through the Special Use process.
He said that he agreed with Councilmember Tolis. He did not believe they needed to be
putting additional restrictions on businesses. He said that they have four pads in front of
Regular Meeting of February 18, 2020
Page 5 of 13
the building, that were originally going to be used for patios for offices. They are exactly
the right size and if they wanted to park a car on their building's pad he did not see the
harm with that.
Councilmember Magazine asked how far away the nearest residences were. Mr. Wesley
said that there are residences backing to this property.
Councilmember Magazine said that he would vehemently oppose the notion of having no
restrictions on businesses.
Mayor Dickey asked staff to explain why it could not be a Special Use Permit. Mr. Wesley
said that the ordinance does not currently allow vehicle sales in C-1. They are allowed in
the C-2 zone with a Special Use Permit. To allow them in the C-1 with a Special Use
Permit would still require a change to the zoning ordinance.
Councilmember Tolis asked James Smith to comment on other C-1 locations in Town. He
said that the Fry's Plaza is C-1. There is a large executive office suite where he could
envision enticing businesses to come in there, such as Tesla, with inside sales. He asked
how the company has been structured and if it was a 501(c)3 auto sales, with no sales
tax going to the Town.
Economic Development Director James Smith said that the C-1 zoned properties along
Shea would be of interest to auto dealers as they are the busiest arterials. He said that if
they went forward with this change it is something they could recruit.
Councilmember Tolis also asked about the old Walgreen's building. It was noted that it is
zoned C-2, which would allow this with a Special Use Permit. He said that he believed
they were on to something very strong. He has been preaching about the need for high
dollar ticket items. If there was a way to incorporate C-1 and C-2 to allow for indoor auto
sales, it could bring in the revenues they have been looking for.
Councilmember Magazine said that they do not know what the universe of C-1 properties
is out there and do not know how close they are to residences. He did not want the area to
look like Surprise; they do not need a lot of dealerships on Shea. He said that he has not
heard any discussion about the impact on citizens.
Vladimir Buer, Fountain Hills resident and in charge of this project, said that sales tax
would be collected and would go to the Town. Councilmember Tolis thanked him for his
business and for investing in Fountain Hills.
Councilmember Scharnow asked how much time they would add to the process to allow
this, but through the Special Use Permit route. Mr. Wesley said that they could have it
back to Council in April. Councilmember Scharnow said that he is in favor of the proposal
as written, with the 9:00 p.m. closing restriction.
Councilmember Tolis said that other businesses in the C-1 zone are already open until 11
p.m.
Councilmember Magazine said that the notion that they have a lot of vacant parcels and
should do everything they can to get commercial establishments into them, is headed in
the wrong direction. He did not think they were being unfriendly to business. He does not
think that opening Pandora's box makes sense. He said that citizens are more important
than any commercial properties.
Regular Meeting of February 18, 2020
Page 6 of 13
Councilmember Tolis said that the citizens are important and that is exactly why they were
charged to do their jobs. They should be doing everything they can to fill the properties
with high dollar items. That will be his policy.
Councilmember Magazine said that he has heard this from Councilmember Tolis for
years. They do have problems, a long list of infrastructure projects they cannot finance.
But, filling vacant buildings with this type of business is not going to solve their problems.
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan
Magazine to adopt Ordinance 20-03, as written.
MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember Dennis Brown to
amend the motion to eliminate the 9:00 p.m. closing restriction, and allow them to be open
until 11:00 p.m., as existing businesses in C-1 are allowed to do, and the outside parking
restriction for C-1 is unrealistic and should be removed.
Vote: 2 - 5 Failed
AYE: Councilmember Art Tolis
Councilmember Dennis Brown
MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember Dennis Brown to
amend the motion to allow the 11:00 p.m. closing, but not allow overnight parking.
Vote: 6 - 1 Passed
NAY: Councilmember Mike Scharnow
MOTION to adopt Ordinance 20-03 as written, with the exception of allowing it to remain
open until 11:00 p.m. (as amended).
Vote: 7 - 0 Passed - Unanimously
Mr. Miller asked if Council would like to have Mr. Wesley come back on this type of use
with a Special Use Permit, understanding that this would stand for now. Councilmember
Tolis asked that they look at both the C-1 and C-2 zones.
B. CONSIDERATION OF a Cooperative Purchasing Agreement with Riddle Painting &
Coatings, Co. for painting the buildings in the Civic Center Complex.
Mr. Miller said that Mr. Rees would be reviewing this item, noting that they were before
Council a few years ago, but the agreement ran out. He said that the funding for this has
been set aside in the CIP Facilities Replacement Fund. Facilities/Environmental
Supervisor Raymond Rees came forward and reviewed the request, noting that this was
to have been done in 2015, and prior to that it was 2007 when it was last painted.
He said that the cost of the proposal is $190,283, which would include the Community
Center, Museum, all side walls, windows, door frames, light poles, and monument stands.
Councilmember Magazine noted that he had just been notified that the video on Channel
11 cannot be seen.
Mr. Rees said that the museum is deteriorating quickly. They need to get the grout lines
Regular Meeting of February 18, 2020
Page 7 of 13
on the building itself painted to extend the life of the stucco. He then reviewed the
renderings which had been done by the paint vendor. He reviewed the colors, noting that
they would be uniform, minus the purple.
He said that also included is the interior painting of the library, which will be done in
conjunction with the carpeting. They have contacted the Friends of the Library about the
possibility of their contributing to this project, but they have not yet replied. He said that the
total for the interior of the library is about $159,000, and that is the number he gave to the
President of the Friends of the Library.
Councilmember Magazine asked if they were the low bidders. Mr. Rees replied that this is
a Cooperative Purchasing Agreement, which means that it has been vetted by the state
already through Mohave, which is used by the schools.
Councilmember Spelich said that he was in the process of getting bids to paint his home
and he was wondering if this paint included the elastomeric material and what the
warranty was. Mr. Rees said that they were doing an epoxy paint on the building. His
understanding is that when they did the bid they took into account the deterioration of the
quality of the stucco on the building. He was not sure on the warranty and would need to
get back to Council with that answer.
Councilmember Brown said that he has seen epoxy paint used in California, and it is a
good product, but the elastameric product is commonly used in Arizona. If possible, he
would like to see a cut sheet on the epoxy paint to read about it further.
Mr. Miller said that in light of these questions, he would withdraw this item and bring it
back with information on the warranty period and a cut sheet on the epoxy paint.
Councilmember Scharnow asked if the bid included the concrete benches. Mr. Rees said
that it was not part of the scope of the project.
Councilmember Magazine said that, with regard to the warranty, it was also important to
see what the definitions are, and what can happen when the warranty is needed.
Councilmember Spelich said that he was totally with Councilmember Brown; he would like
to see it come back as soon as possible. He is not against painting infrastructure. He just
wants to make sure they spend the money wisely.
C. CONSIDERATION OF approving the purchase agreement for the sale of former Fire
Station No. 2.
Mr. Miller stated that in February of last year the new Fire Station 2 was opened.
Subsequently, the Town went through a process to sell the old fire station located on
Saguaro south of Shea. He said that the first bid received was thrown out for
noncompliance, and they put it out to bid again.
Public Works Director Justin Weldy explained that over multiple years, decisions have
been made in the best interest of the community, and one of those decisions was to locate
a new fire station that helps them meet the response times needed. He said that the first
request for bids had a minimum of $600,000 and that minimum was not met. They went
back out with a second request for bid and received two bids. After vetting the two bids, it
is his opinion and that of the legal team, that this was the best offer.
Regular Meeting of February 18, 2020
Page 8 of 13
MOVED BY Councilmember Alan Magazine, SECONDED BY Vice Mayor Sherry
Leckrone to approve the purchase agreement for the sale of former Fire Station No. 2 in the
amount of $420,200.
Vote: 7 - 0 Passed - Unanimously
Mr. Miller added that the funds from the sale of the property will go into the Capital
Improvements Program, and will go toward other one-time uses.
D. CONSIDERATION OF Approval to Redesign and Paint the Mural Wall Located at Fountain
Park.
Community Services Director Rachael Goodwin said that they had Jenny Willgrod and
others from the Public Art group who are interested in repainting the mural wall at
Fountain Park as it has started to peel. She then asked Ms. Willigrod to come forward and
explain the project.
Ms. Willigrod said that they have worked with the high school kids before and the last time
it did fade quite terribly. There was a lot of damage to the wall from wetness on the
backside of the wall. The Town has power -washed and primed the wall.
She then showed an illustration of what they plan to have painted. She said that in front of
the pumphouse the wall is a butterfly garden and they are making the mural of different
Arizona butterflies. They want to make it educational as well as artistic.
She said that they hope to start painting around March 18, and anticipate it will take
approximately five days. The cost is around $2,500. She said that they were going to use
exterior acrylic paint.
Councilmember Brown said that this is actually what he sees as he looks out his back door
and he appreciates their efforts. Ms. Willigrod said that Karla at the high school said that
they have been painting their parking spots on the ground with paint from Ace, but based
on prior discussions at the meeting, they will research the paint further.
She added that the Town has agreed to put on a UV coating, which has not been done in
the past, and they are hoping that will provide some added protection.
MOVED BY Councilmember Dennis Brown, SECONDED BY Vice Mayor Sherry
Leckrone to approve the Recommendation from the Art Committee to Update the Mural
Wall Located at Fountain Park.
Vote: 7 - 0 Passed - Unanimously
Regular Meeting of February 18, 2020
Page 9 of 13
E. CONSIDERATION OF a Professional Service Agreement (#2020-063) with Kimley-Horn for
$157,453 for the: (1) Design Concept Report for the "Shea Boulevard Widening from
Technology Drive to Palisades Blvd." project, in the amount of $115,778 (using 70% MAG
ALCP reimbursement funding), and (2) Concept Design for the "Saguaro Boulevard
Frontage Road - Panorama Drive to Colony Drive - Improvement District Development" in
the amount of $41,675.
Mr. Weldy said that there were two parts to this contract. The first is the design concept
report for the Shea widening project between Palisades and Technology. He said that as
part of this contract, they will be asking this firm to look at what they have and what will be
needed in the future to accommodate the additional traffic that is predicted through
Maricopa Association of Government (MAG) and projected counts in the future. They will
be looking at where, when and how much it will cost.
Mr. Miller said that this was originally a part of the Prop 400 from back in 2004. It was
identified with the transportation projects. As someone drives into Scottsdale they will see it
turns into three lanes. There has been some widening done, but it has not been
completed. The money that is left in the account with MAG is not enough to do the full
widening; however, they have enough to do the design concept report. He said that this
item is on the agenda for further discussion at next week's Retreat.
He said that the design concept report would provide the information needed to be part of
the next 20 years of projects if Prop 500 should pass.
Councilmember Scharnow asked if he understood correctly that if they did this next step,
they would be doing the engineering and design. Mr. Weldy replied that was correct. In the
future, they would go for design and ask for design assistance, which is included in the
MAG funding, and also the construction funding (70%) for that portion. He said that these
two segments are the last sections in anticipated needs for increased traffic and congestion
management.
Mr. Miller said that originally throughout the Phoenix area the major east/west regional
roads were significant. They were actually designed and built prior to the freeways coming
in. The freeways have created a lot of congestion. These roads of regional significance
(Bell, Shea, Cactus) help move traffic better than the freeway system can. Part of the
overall solution regionally is to address traffic congestion and air quality and MAG takes all
of that into consideration. They are also able to get federal funding for grants coming to
address those issues.
Councilmember Scharnow said that it seems there are a lot more people getting on Shea
from the Beeline. He does not see how this road cannot be widened. He thinks it is
shortsighted to not consider it.
Mr. Weldy noted that over the last ten years there has been a local abundance of materials
removed. Through the permitting process they have allowed for that fill to be placed,
watered, and compacted to reduce the future costs of the widening so they would not have
to import such materials. While they have been doing that, they have also considered the
slope cutting and have allowed for additional depth. He said that a result of receiving that
material and charging $50 per permit, the cost of widening has been substantially reduced.
Mr. Miller said that they had money originally budgeted to do the full widening 20 years ago.
At the time, they did their best to estimate. Back then Randy did the engineer's estimate.
Today they require design concepts that go into analyzing the project. They have some
Regular Meeting of February 18, 2020
Page 10 of 13
money left over from Prop 400 and are intending to use that money to do a small segment.
Anything uncompleted would be submitted to MAG. He said that MAG now has a Call for
Projects. This design report will not come back in time for that, but once they get the
analysis they will forward it on to MAG staff.
Vice Mayor Leckrone asked how far out the projections go. Mr. Harrel said that MAG has
2035, 2040 and will soon have a 2045.
Mayor Dickey said that this was previously an approved project in Prop 400 and it will be in
the same atmosphere that they would be putting it in again because of its regional
significance. She said that every project that was in the original Prop 400 was only about
half -funded over the 20 years. They will be having someone from MAG come to speak
about Prop 500.
Mr. Miller said that a big driver on some of the issues was the revenue was never realized
with the half cent sales tax. With the downturn it did not generate what was projected and
over time, with the hot construction market, projects have escalated. He said that they are
even wondering if a half -cent sales tax is too low.
Councilmember Tolis suggested that they table this item since they will be discussing it
during the Retreat next week. Mr. Miller replied that this was critical to get moving. When
they submit to the Call for Products, they need to be able to prove that the concept report
is moving forward.
Councilmember Brown asked if the Prop 400 money could be used for anything else. Mr.
Miller replied that it could not. It is only available for the approved project, and they are
talking about the approved project. He added that if they do not do their best to spend
down the money by 2025, their chances of getting funding out of Prop 500 will go away.
Councilmember Spelich said that he and Councilmembers Scharnow and Tolis spoke at the
Republican Club breakfast, and they asked if the Council was insane with spending this
money. He said that they cannot take this money and use it on other parts of the interior
streets. It is imperative that this message gets out there. People read into things and make
accusations.
Mr. Miller said that the Town has been successful with receiving grants from MAG for
pedestrian safety. He said that those types of projects all flow to the MAG technical
committees and this will go to such a committee as well. He said that the Town's reputation
is on the line. He said that they will do everything they can, through the PIO and in the
community newsletter, to address this issue.
Mayor Dickey said that there is no reason to imagine that the projections made in the past
are not going to continue.
MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Mike
Scharnow to approve a Professional Service Agreement (PSA 2020-063) with
Kimley-Horn for $157,453, for the Design Concept Report for the "Shea Blvd. Widening from
Technology Drive to Palisades Blvd,"for $115,778 (using 70% MAG RTP reimbursement
funding).
Vote: 7 - 0 Passed - Unanimously
Regular Meeting of February 18, 2020
Page 11 of 13
Mr. Miller noted that there was a second portion to the proposed contract. He said that last
year the Council provided direction to staff to work with the business owners and tenants
on the service road off of Saguaro. This portion of the contract would allow them to bring in
an engineer to do a business charette to gather more input from the property and business
owners. They are recommending this action be done on the front end before they get too
far along in the project.
Mr. Wesley said that baased on past direction from the Mayor and Council, staff put
together a small group and met with stakeholders and their tenants. Consensus of the
majority was to move forward. If Council approves the second portion of this item it will
provide for a concept design of the elimination of the service road from Panorama north to
Colony. There are numerous options and they believe that this will provide an increased
benefit to the business owners, and also the traffic congestion. He said that it would also be
the boilerplate that they would consider using for the next segment. Mr. Miller clarified that
"boilerplate" in this case was talking about the approach taken for citizen and business
involvement.
Councilmember Scharnow said that they had a discussion about a potential study in front
of Safeway for a pedestrian crossing. He said that he thought they had the cart before the
horse. He said that the idea is to get an Improvement District formed, which would require
the adjacent property owners to agree, and then let the district fund the study.
Councilmember Tolis gave some history on this issue. He said that if they were to work
with the existing plan that they have, done 15 years ago, and work with the properties
before they go forward with a $41,000 design concept. He said that in the past they did not
have as many that they needed to have. He does not see this coming to fruition. He
suggested that they use the plan they have and get the owners back together.
Mayor Dickey said that this was in the 2010 General Plan, but she was unable to see if it
was included in the 2020 Plan. If it is not, and they think it is worthwhile, they may want to
add it.
Councilmember Tolis said that he thought the plan they have now is a fantastic plan, but
they have to get the owners on board and much more committed than they are right now.
He would suggest that they give direction to staff to get the owners back together and
review the previous plan, possibly at the Community Center, and hear more from them. Mr.
Miller said that they were trying to shoe horn everyone into a design. They will do their best
to work with the owners, but he is not hopeful.
Councilmember Scharnow said that someone from that area needs to be the champion for
this project. He did not think that staff should be spending a huge amount of time on this.
Mr. Miller noted that with regard to the Improvement District, they need to have an
improvement district scoped out, so the property owners would know what their portion is
going to be.
Regular Meeting of February 18, 2020
Page 12 of 13
F. 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 mentioned that the Candidate Campaign Sign Bill, HB2028, has now been
amended to make it even longer--188 days prior to the General Election. The League is
opposed to this bill and with the whole Reed v. Town of Gilbert, they cannot regulate
content. This would be opening up all types of signs 188 days prior to an election.
MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Dennis
Brown to direct staff to send a letter of opposition, taking a formal position against this bill.
Vote: 7 - 0 Passed - Unanimously
Councilmember Tolis said that another issue he has concerns with is on SB1625, the
banning of certain firearms. He said that he has heard from many in the community with
their concerns, and he would like to direct staff to prepare a resolution to be brought back
for a vote by the Council making the Town a Second Amendment Community.
Councilmember Brown agreed.
Mr. Arnson said that he was fine with staff bringing back a resolution for consideration
and Mr. Miller added that they would provide information on that bill at that time.
Mayor Dickey mentioned another bill being considered, HB2841, which requires every
cit/town to set aside vacant land for an overlay of affordable housing.
She mentioned HB2705, with regards to vacant buildings being individually registered so
that Code Enforcement and the Police can contact the owners. This is a League
proposal.
There is also a bill being considered regarding vaping that would preempt cities/towns
from making rules on the issue.
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.
None
10. ADJOURNMENT
MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Dennis
Brown to adjourn the meeting.
Vote: 7 - 0 Passed - Unanimously
Regular Meeting of February 18, 2020
Page 13 of 13
The Regular Meeting of the Fountain Hills Town Council held February 18, 2020,
adjourned at 7:28 p.m.
TOWN OF FOUNTAIN HILLS
Gin Dickey, ayor
ATTEST AND PREPARED BY:
• - =ru ke,
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 18th
day of February, 2020. 1 further certify that the meeting was duly called and that a quorum was present.
DATED this 3rd day of March, 2020.
l
•-i'1Burke, • t-