HomeMy WebLinkAbout2020.0616.TCRM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
JUNE 16, 2020
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey
Mayor Dickey called the Regular Meeting of June 16, 2020, to order at 5:32 p.m. and led the
Council and audience in the Pledge of Allegiance.
2. INVOCATION - Dr. Cathy Northrup of Community Church of the Verdes
Dr. Cathy Northrup of Community Church of the Verdes gave the invocation.
3. ROLL CALL — Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Mike Scharnow; Councilmember Sherry Leckrone
(telephonically); Councilmember Art Tolis; Councilmember Dennis Brown
(telephonically); Councilmember Alan Magazine; Councilmember David Spelich
Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth
Present: A. Burke
4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
Councilmember Magazine said that he was not trying to embarrass anyone intentionally, but he
would hope that they could have prayers that are all inclusive.
Mayor Dickey said that she appreciated MCSO's partnership and in creating the Joint Statement in
response to the killing of George Floyd and subsequent events, which is on the Town's website
and in the Times.
She reported that on the weekly call with Mayors and Senator Sinema, they again indicated
concern with the rising cases of COVID-19 in Arizona. Masks are increasingly being recognized as
vital to help keep each other safe. She asked everyone to please wear masks when out and about.
She said that it is simple and effective, and their healthcare workers and first responders would be
grateful, as well.
Mayor Dickey reported that they watched the high school graduation live -streamed. Counselor
Jason Henslin introduced the seniors as they walked across the stage. He mentioned that the last
time it was held at the football field was when he graduated in 2002; the same class as her middle
son, and they are still friends. She said that there was a lot of nostalgia, and even more hope for
the future. Congratulations to the graduates and their families.
She reported that she had virtual meetings with the East Valley Partnership; GPEC gave a
Regional Report on Hospitality, Restaurants & Tourism; and the quarterly East Valley Mayors
meeting was held.
Town Council Regular Meeting of June 16, 2020 2 of 16
5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A. PRESENTATION: Monthly Update from MCSO Captain Larry Kratzer.
MCSO Captain Kratzer gave his monthly report through a PowerPoint presentation. He
encouraged anyone with questions to contact him directly noting that his phone number is
listed on the Town's website. Mr. Miller added that the Administration Number for MCSO
was 480-837-2047 and the Non -emergency number was 602-876-1011.
Councilmember Spelich thanked the men and women from the bottom of his heart for doing
one of the absolutely hardest jobs. He said that every issue he has addressed from a
resident has been done so immediately.
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.
Everett Rosenbauer, Fountain Hills, said that he was disappointed that the planned march
was cooped. He said that he felt the same sentiment and understood why they felt
threatened. It was unfortunate that they went about it the right way and had to cancel.
Bob Shelstrom, Fountain Hills, said that he wanted to compliment Justin Weldy. Contrary to
a lot of his past experience with the Town of no transparency, Mr. Weldy has been the best
that he has dealt with in 40 years. He is consistent, honest, and smart enough to know what
he does not know and he was glad that the Town has him.
He also said that he read through the monthly MCSO report and was surprised that the
Town was not requesting a monthly manpower report. He respectfully requested that the
Town request such a report in the future.
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 Alan Magazine, SECONDED BY Vice Mayor Mike Scharnow to
approve Consent Agenda Items 7-A through 7-J (excluding 7-F which was previously moved
to the Regular Meeting).
Vote: 7 - 0 Passed - Unanimously
A. CONSIDERATION OF approving the meeting minutes of the Special Meeting of June 2,
2020, and the Regular Meeting of June 2, 2020.
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B. CONSIDERATION OF Resolution 2020-15 approving the designation of Chief Fiscal Officer
of the Town of Fountain Hills.
C. CONSIDERATION OF approving adjusting budget transfer for Capital Projects Fund.
D. CONSIDERATION OF approving a Liquor License Application for Flourish, located at 13225
N Eagle Ridge Drive, Fountain Hills, Arizona, for a Series 12 (Restaurant) license.
E. CONSIDERATION OF approving a Liquor License Application for Copperwynd Market,
located at 13225 N. Eagle Ridge Drive, Fountain Hills, Arizona, for a Series 10 (Beer and
Wine Store) license.
HOLE)F. . PUBLIG HSARINGAND GONSIDER OFElinaRee 20..
Publie AFt MasteF Plafg.MOVED•UNDER
REGULAR D.
G. CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by the Fountain Hills VFW Post 7507, for the Fountain Hills Chamber of Commerce
Gala event to be held at the Community Center, 13001 N. La Montana Drive, Fountain Hills,
AZ from 5:OOPM to 10:00 PM on Friday, August 21, 2020.
H. CONSIDERATION OF approving two (2) SPECIAL EVENT LIQUOR LICENSE
APPLICATIONS submitted by the River of Time Museum, for fundraising dinners to be held
at the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ on
the following dates: (i) Wednesday, September 23, 2020 from 5:OOPM to 10:OOPM (ii)
Saturday, October 3, 2020, from 4:OOPM to 10:OOPM.
CONSIDERATION OF adopting Resolution 2020-20 approving an Intergovernmental
Agreement with Maricopa Association of Governments for the preparation of an Active
Transportation Plan.
CONSIDERATION OF Resolution 2020-33 approving the designation of Applicant Agent of
the Town of Fountain Hills.
K. CONSIDERATION OF Ordinance 20-11 amending the Town Code Article 6-2 Section 1
Definitions, and Section 5 Dogs not Permitted at Large; Wearing Licenses; and
Amending Article 9-4, Section 3 Rules and Regulations at Town Owned Parks
CONSIDERATION OF approving staff to seek and apply for grants from the Maricopa
Association of Governments (MAG) & Maricopa County Flood Control District (MCFCD).
8. REGULAR AGENDA
A. PUBLIC HEARING AND CONSIDERATION OF a request for a Special Use Permit allowing
operation of a hospital between 11:00 pm and 7:00 am on an approximately 5.74 acre parcel
generally located at the northwest corner of N. Saguaro Boulevard and E. Trevino Drive in
the C-1 Neighborhood Commercial and Professional Zoning District. SU 2020-01
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Development Services Director John Wesley gave a PowerPoint presentation which
addressed:
REQUEST
RECOMMENDED SITE PLAN
ARCHITECT
SITE WALLS
STAFF ANALYSIS - LIGHTING
PLANNING AND ZONING COMMISSION RECOMMENDED BOLLARDS
LANDSCAPE PLAN
NOISE
Mr. Wesley said that a Sound Study has been provided at the noise levels to be expected
and at the top of the hill is within the limitations of the Town Code. He said that the Noise
Ordinance exempts mechanical noises as long as the equipment is operating properly.
OPTIONS
PLANNING AND ZONING COMMISSION RECOMMENDATION
Mayor Dickey noted that they were still in the Public Hearing that was continued from the
last Council meeting.
Suzu Henderson, non -Fountain Hills resident, said that while she is not a resident she lives
in an adjacent area at the bottom of the hill and is the past Executive Director of the
Fountain Hills Theater. Her daughter fell on the stage in the past and the best option was a
20-25 minutes drive. She said her preference would be that, "what happens in Fountain
Hills stays in Fountain Hills," and as an aging individual and mother of five, she supports
this consideration. She would also like to build a mental health cooperation with the hospital
at no cost beyond co -pays. It would be a win -win for staff and patients to have such a
partnership in place.
Rose Anouti, Fountain Hills resident, said that she lives right behind the proposed facility.
She and her neighbors are not trying to stop it, but they want the stipulations applied to all
phases of the development. At the Planning and Zoning Commission meeting they were
asked to draft an agreement with the developers, but she did not hear from anyone that she
reached out to. She was told she needed to contact their attorney so she hired an attorney.
She said that since this is one of the entrances to their beautiful town, she asked that they
look closer at the proposed block walls.
Ms. Anouti invited Councilmember Brown, with his expertise, to come and see the project
from her vantage point and see what she will be looking at 14 air handlers.
Larry Meyers, Fountain Hills resident, said that he was disappointed that he cut this deal
with Dan Kauffman that has turned out to be a bitter battle. He said that he sold the
neighbors on the project as Mr. Kauffman would get to sell his land; the Town would get a
free-standing emergency room; and impacts to the neighbors would be far less than C-1
uses. He said that they have not tried to stop the hospital; they have worked to get them to
keep the promises they originally made. He said that Conditions 1-10 cover a lot of the
concerns. They looked at a thoughtful plan from the Planning and Zoning Commission with
all the stipulations. It would give the Town and him an opportunity to be right with the
neighbors.
Mr. Wesley said that the applicant was present at the meeting if they should have any
Town Council Regular Meeting of June 16, 2020 5 of 16
questions for them, as well as the person that did the noise study.
Councilmember Brown said that he believes that the walls are okay and would like them to
consider the 15-foot high light poles. With regard to the air conditioning units, those used
today are high effiiciency units and they do not generate a sound like a jet taking off like the
old ones. He said that he agreed with the sound engineers; they will probably get more
noise from the trucks going down Shea.
He said that they went through this same issue when Fire Station #2 was relocated. They
had people one mile away that were offering their concerns and being quite vocal. The
station got built and they have had one complaint --when they put in the lights on the flagpole
they shined into the neighbors. Mr. Miller went to that house and met with them, and they
worked on it from that day on.
He said that everyone needs to take a step back and take a deep breath. He said that the
Town is trying real hard to work with the hospital, and they are trying to work with the Town
as well.
Councilmember Magazine said, in response to Ms. Anouti's comment of seeing the 14 air
handlers, that when they live on a hill they look down and will see things.
Councilmember Brown said that they have a standard for lighting, mainly due to the Dark
Sky Ordinance. The lumens are controlled and with the 15-foot light poles they are not even
as high as the building. They are going to see the parking lot illuminated; they are not going
to be looking at the lights.
Councilmember Spelich said that they are in a good position, getting advice from the
Planning and Zoning Commission, with one of their members having built hospitals for a
living. He said that his concerns are that they received a lot of a -mails from people, and they
have to consider what the majority of people in the community will benefit from.
He asked if the developers, since they believe their noise study is valid, would agree to add
a clause in the agreement that they will conduct another sound study after it is built. And, if
it turns out there is a problem they would mitigate the noise issues.
Pete Peters, representing the two doctors putting this together, had asked that he convey
that they have concern with one of the Planning and Zoning Commissioners working for
Honor Health and when this opens it could have a negative impact on them. Additionally, he
said that they have not agreed with the bollard lights. He said that his clients have spent a
lot of money bringing this forward; they are not deep pockets. Once they get it built, if they
do not get a Special Use Permit, they may not build Phase 2 or Phase 3.
Councilmember Magazine asked for clarification on the number of generators. Mr. Peters
said that they have one on site for emergency purposes and the other one, much smaller,
will be used for the pharmacy. He said that Phase 2 is mostly for additional operating rooms.
Building 3 is a medical office building.
Mayor Dickey said that one of the concerns with the second phase being administratively
approved had to do with the entrance. She asked if they would ask for a 24-hour special
use permit for the second phase if the stipulation to obtain administrative approval was not
included. Mr. Peters said that they would request an administrative approval process.
Councilmember Spelich said that to impugn the integrity of someone on the commission is
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low; to say that Honor Health is going to be a competitor is ludicrous. He said that for the
applicants to say they won't go through the additional phases if the Council votes to approve
the Commission recommendations is also ridiculous. Mr. Peters said that he was relaying
what his client had said; he apologized for any miscommunication. He said that it was a
unanimous vote with conditions they cannot agree with. Councilmember Magazine asked
which conditions they did not agree to.
Mr. Peters said that they now have a wall; the Code says they put it on the boundary line,
which they have done. With regard to the bollard lights, it would take 78 lights to replace the
15-foot light poles.
Councilmember Magazine said that this has been a tough one for everyone. He said that his
allegiance is not to the hospital; he wants to make sure that the residents are treated
reasonably. If they do decide to go along with Phase 2, he did not think it should be
approved administratively and he would ask for a communications plan. He said that he
would have to take that back to his clients; they would be happy to do a communications
plan. Mr. Peters said that in the past they tried the direct approach with regard to
communication, but it did not work, so they have directed all communications to Mr.
Wesley's office.
Councilmember Brown said that they should give the developer some credit for putting up
with what they have been put through. He believes that they have worked diligently with the
neighbors and when Phase 2 happens, they will welcome it.
At this time, Sound Engineer Tony Sola came forward, stating that he has done over 2,000
noise studies. He said that there is no opinion in it --it is simply math. He said that the
biggest concern was with a heliport, which is no longer an issue, and with the generators.
He said that there are two relatively small generators. The main one is the quietest. He did
not include shielding or a wall around them. If that is required, it would reduce the noise
further. He added that they are only used during a power outage. One would never be
tested and the other one would be tested monthly for a ten minute period of time.
It was noted that the Noise Ordinance has an exception for HAC operating equipment. Mr.
Sola said that he has been an expert witness on different sides in the past, and every time it
is an issue, the Arizona judges said it is Arizona and it is needed equipment.
The following individuals submitted written cards in support of the SUP application:
Kathleen Butler; Nancy Rymer; Paul Queenan; Jerry Butler; Richard Rymer; Elizabeth
Rymer; Sharron Grzybowski; Amy Arnold; Callie Becker; Scott Grzybowski. No comment
cards were submitted in opposition to the application.
Councilmember Leckrone thanked Mr. Wesley for all he has done. With regard to #7 of the
recommended stipulations, she asked Mr. Wesley for further clarification. Mr. Wesley said
that this has come through his review. Given what he sees as the additional impact he
thinks it is something that could be handled administratively. He said that the Zoning
Ordinance says that when they apply for a Special Use Permit, they are to include a site
plan for layout fo the uses. They have requested for the full 5.7 acres. Technically, they
cannot approve it for anything not fully shown. He said that in his mind, it would be
tentatively approved, subject to his approval of the site plan.
Vice Mayor Scharnow asked if, from what he knows, they could accomplish that without any
access onto Burkemo. Mr. Wesley said that there is enough frontage along Trevino. The
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concept makes it a challenge. Vice Mayor Scharnow said that someone commented about
the wall and how it looks --smooth and split -face block. He said that is the same type of wall
at Town Hall.
Councilmember Tolis thanked the developer's representative. He said that he did not take
an hour for comments; he was communicating their frustrations. He said that the residents
should respect all they have gone through. He thinks they have done a good job of trying to
help the neighbors. Everyone knows that a hospital is going to be a benefit to the entire
Town. He said that he was in favor of moving forward with a motion.
Robert Quintana, architect on the project, said that it was requested that they switch out the
15-foot tall lights with 78 bollard lights. Bollard lights create a hazardous situation and if they
are required to place them, they would ask for indemnification for legal liabilities. He said
that neighbors of projects in Flagstaff and Sedona sued developers regarding lighting; it
was ruled against because bollard lights were inviting hazard. His recommendation would
be no bollards be used in the traffic areas; only in the pedestrian areas.
With regard to the wall, Mr. Quintana said that there is about 27 feet of wall where it could
adjoin Ms. Anouti's fence, but she would have to remove her fence.
Councilmember Spelich asked how the style of the roof fit into their evaluation. Mr. Sola said
that the parapet wall does not work as well, but most of the noise is through the distance.
The reflections can add to that, but not noticeably. Councilmember Spelich asked what he
charges for his services. Mr. Sola replied $200 per hour. Councilmember Spelich asked how
long it would take for him to assess the noise coming from them once it was built. Mr.
Sola said that his concern would be with being able to show the noise of the equipment
above the ambient sound.
Discussion was then held on what would happen if someone filed a noise complaint. Mr.
Miller said that staff would measure the noise levels at the fence (property) line.
Councilmember Tolis said that right now they have representation telling them that their
equipment will comply. Council is making the assumption that they are not going to comply.
MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember Sherry Leckrone
(telephonically) to approve the Special Use Permit for the hospital proposed at 9700 N.
Saguaro Boulevard allowing operation of the facility between 11:00 p.m. and 7:00 a.m.
subject to the conditions 1 through 7 as recommended by the Planning and Zoning
Commission. 1, 2, 3, 4, 5, 6, 7 with modification to allow administrative approval. Stated:
1. Submission of a complete set of revised drawings showing the revised drive thru
ambulance bay, revised landscape plan, and all other conditions of approval.
2. Revising the May 18, 2020 site/landscape plan and submitting it as part of the complete
set of revised drawings for acceptance by the Development Services Director adding 6
- 9 screening trees (minimum 10' tall) to the site plan along the northern property line
adjacent to Lots 4 and 5 to provide additional screening.
3. Providing signage directing ambulances to exit to the left around the back of the
building.
4. Modifying the site plan to show the location for a temporary generator.
5. Providing additional sound attenuation for the rooftop mechanical units if required to
meet the Town's noise ordinance.
6. Removing Sheet C-4, GD Plan, from the set of drawing submitted with the SUP
application.
Town Council Regular Meeting of June 16, 2020 8 of 16
7. All future phases may be approved administratively.
MOVED BY Councilmember Alan Magazine, SECONDED BY Vice Mayor Mike Scharnow to
amend the motion to remove the exception to #7 (thereby requiring review by the Council)
and if there is excessive noise at Rose's boundary line after it is built staff is required to use
their own equipment, or hire someone, to determine whether there is a violation of the noise
ordinance.
Councilmember Tolis said that there are already procedures in place to address noise
violations. That is why they have quality staff to review something like this. To go through
the entire process again requires considerable cost and it is not fair to let one person's
opposition make them go through the entire process again. He said that Councilmember
Magazine does not need to amend the motion to address something already in the Code.
Councilmember Magazine said that he is doing it anyway. He said that whether it is
approved administratively or through the Council, the applicant has to do everything
anyway.
Councilmember Brown said that there is a ton of difference between the two processes.
Having to go back through this entire process again is ridiculous.
Vote: 2 - 5 Failed
AYE: Councilmember Alan Magazine
Councilmember David Spelich
MOVED BY Councilmember Alan Magazine, SECONDED BY Vice Mayor Mike Scharnow to
amend the motion to remove administrative review and require it to come back to Council for
approval for Phase 2.
Vote: 2 - 5 Failed
AYE: Councilmember Alan Magazine
Councilmember David Spelich
ORIGINAL MOTION STATED: to approve the Special Use Permit for the hospital proposed
at 9700 N. Saguaro Boulevard allowing operation of the facility between 11:00 p.m. and
7:00 a.m. subject to the conditions 1 through 7 as recommended by the Planning and
Zoning Commission.1, 2, 3, 4, 5, 6, 7 with modification to allow administrative approval.
Stated:
1. Submission of a complete set of revised drawings showing the revised drive thru
ambulance bay, revised landscape plan, and all other conditions of approval.
2. Revising the May 18, 2020 site/landscape plan and submitting it as part of the
complete set of revised drawings for acceptance by the Development Services
Director adding 6 - 9 screening trees (minimum 10' tall) to the site plan along the
northern property line adjacent to Lots 4 and 5 to provide additional screening.
3. Providing signage directing ambulances to exit to the left around the back of the
building.
4. Modifying the site plan to show the location for a temporary generator.
5. Providing additional sound attenuation for the rooftop mechanical units if required to
meet the Town's noise ordinance.
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6. Removing Sheet C-4, GD Plan, from the set of drawing submitted with the SUP
application.
7. All future phases may be approved administratively.
Vote: 6 - 1 Passed
NAY: Councilmember David Spelich
B. HOLD A PUBLIC HEARING AND CONSIDER Ordinance 20-09 amending Zoning
Ordinance Section 19.05 I., Public Art Requirements, to change the requirements to
comply with the Town of Fountain Hills Public Art Master Plan. *THIS ITEM MOVED
FROM THE CONSENT AGENDA
Mr. Wesley said that the Public Art fee is currently included in the Public Art Master Plan, as
well as the Zoning Ordinance. This amendment would remove that fee within the Zoning
Ordinance and replace it with a reference to the Master Plan.
Mayor Dickey opened the Public Hearing. There being no public input, Mayor Dickey closed
the Public Hearing.
MOVED BY Vice Mayor Mike Scharnow, SECONDED BY Councilmember Dennis Brown
(telephonically) to adopt Ordinance 20-09.
Vote: 7 - 0 Passed - Unanimously
C. CONSIDERATION OF Ordinance 20-12 amending chapter 12 of the Town Code, Article
12-3, Section 12-3-10, storage & parking of commercial vehicles.
Mr. Wesley said that the Town has received concerns from residents about semi trucks and
commercial vehicles being parked on public streets. This amendment would prohibit parking
of such vehicles on Town streets and they would install no parking signs in designated
areas, which will be an additional tool for MCSO. This will not only provide the Sheriffs
Office an opportunity to educate the public, but it allows Town staff, including Code
Enforcement, the ability to produce and install signs.
Greg Golucci, Fountain Hills resident, voiced support for the ordinance, noting that there are
some trucks that have parked for months at a time over on Colony. He said that there are
landscaping crews that will park their trucks there at the end of the day, which he did not
have a concern with, but some of the other trucks have been there for months and even
have flat tires.
Vice Mayor Scharnow asked about a plumber who parks his van in front of his house. Mr.
Wesley said most of that type of thing is addressed already in the Town Code and governed
by HOA's or the NPOA.
Councilmember Magazine said that they cannot enforce the code violations they have now;
he does not know how they will enforce this. Mr. Wesley said that they do their best to
support the Sheriffs Office and Code Enforcement. When it comes to parking violations,
they take it seriously. He said that it will initially be based upon complaints.
Discussion was held on whether there should be time restrictions. Mr. Wesley said that they
could refine each individual area to determine what works best. Councilmember Magazine
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asked if they could have someone towed after they received three tickets. Mr. Wesley said
that there is already a process in place for abandoned vehicles. It is the responsibility of the
vehicle owner to pay for towing and storage. He added that they do not have to do that
often.
MOVED BY Vice Mayor Mike Scharnow, SECONDED BY Councilmember Art Tolis to adopt
Ordinance 20-12.
Vote: 7 - 0 Passed - Unanimously
D. CONSIDERATION OF Resolution 2020-34 accepting the AZCares Fund program grant from
the State of Arizona and authorizing the Town Manager, or his designee, to apply for, accept,
and/or receive any future grant dollars related to COVID-19 relief efforts, and approval of
associated budget transfer.
Mr. Miller explained that this is a required resolution in order to receive funds from Arizona
Cares Fund, which has had 1.9 billion dollars earmarked for cities and towns under 500,000
population. He said that as part of the $441,000 being released at this time, Fountain Hills'
share is $2.9 million.
MOVED BY Councilmember Sherry Leckrone (telephonically), SECONDED BY
Councilmember Dennis Brown (telephonically) to adopt Resolution 2020-34, and approve the
associated budget transfer.
Vote: 7 - 0 Passed - Unanimously
E. CONSIDERATION OF a proposed Fountain Hills Small Business Recovery Program to
include a variety of measures to assist small businesses, consistent with State law and in
accordance with guidance and direction from State officials.
Mr. Miller said that as part of the previous item the Economic Development Director, James
Smith, has designated 10% of the funds for a Small Business Recovery Program.
Mr. Smith began a PowerPoint presentation which addressed:
BUSINESS LICENSE EXTENSION
DEVELOPMENT SERVICES PERMIT AND APPROVAL
EXTENSION OF PREMISES
TEMPORARY SIGNAGE - RELAX CODE REQUIREMENTS
FOUNTAIN HILLS SMALL BUSINESS GRANT PROGRAM
Mr. Smith said that as part of the Extension of Premises, this would assist with expanding
premise boundaries to help with social distancing, although if they served liquor they would
need to obtain an extension of premises from the state.
Councilmember Tolis thanked Mr. Miller and Mr. Smith for moving forward with this. He said
that it was a great way to show how the Town supports small businesses.
Mr. Smith said that under these provisions they would allow a -frame signs and banners, but
not feather signs.
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MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember Dennis Brown
(telephonically) to authorize the Town Manager or designee to automatically extend business
licenses and waive associated fees for six months in order to reduce paperwork and costs for
existing Fountain Hills -based businesses; to authorize the Town Manager or designee to
extend previously approved Development Services permits and approvals for up to six
months for the purpose of helping developers, contractors and homeowners to complete
projects that may have been delayed due to the effects of COVID-19; to authorize the Town
Manager or designee to issue a Temporary Use Permit (TUP), where possible, to allow for
the extension of premises at businesses in order to overcome diminished occupancy/capacity
as a result of social distancing requirements; to authorize the Town Manager or designee to
relax enforcement of Temporary Signage until December 31, 2020, in order to support
businesses; to authorize the Town Manager or designee to create a business assistance
program and provide up to $300,000 in future funding to assist Fountain Hills businesses, and
make the necessary budget transfers from General Administration to Economic
Development, to the extent consistent with state law and in accordance with guidance and
direction from state officials.
Vice Mayor Scharnow asked how they could allow the temporary signs if they are changing
the rules. Councilmember Tolis said that this could be a stimulus. Councilmember Magazine
asked when the Sign Ordinance would be coming before Council. Mr. Miller said that they
will have a workshop on the new Sign Code on September 1 and probably bring back an
ordinance for action at the first meeting in October. They could make it effective on January
1, 2021. Mayor Dickey cautioned business owners to not spend a lot of money on signage
that would not be permitted once the new Sign Ordinance goes into effect.
Vote: 7 - 0 Passed - Unanimously
F. CONSIDERATION OF Acceptance of the CopperWynd Art Donation, contingent upon
structural review by engineer.
Community Services Director Rachael Goodwin said that this is the first request to come to
Council since the new Public Art Master Plan was adopted. She said that they have done
major renovations with a construction cost of around $33 million, which comes out to a
$168,000 outlined for a contribution. In lieu of a contribution, they are proposing a
serpentine pavilion. She said that it is intended to be a wait station for hiking and biking. It
will be lit in the evenings and consist of a bike rack, misting system, trail maps, and pump
station for bike tires. It has gone before the Public Art Committee and was unanimously
approved. She said that based on the Town's policy, it is on private property so it will be
maintained and insured by the property owner, but it would be part of the public art
collection.
Councilmember Magazine said that he would support this, but he has real reservations
about these being allowed on private property.
Mr. Miller said that they do typically have all of the public art collection on Town property,
insured and annually cleaned. There is a clause back that they have to give it back to the
Town if they want to dispose of it. Ms. Goodwin said that they do have a number of pieces
on private property. Dori Wittrig with the Public Art Committee said that they are planning
on making this a very public offering, and restrooms would be available to the public inside
their campus.
Town Council Regular Meeting of June 16, 2020
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MOVED BY Vice Mayor Mike Scharnow, SECONDED BY Councilmember Sherry Leckrone
(telephonically) to accept the CopperWynd Art Donation, contingent upon plan review and
recommendations.
Vote: 7 - 0 Passed - Unanimously
G. CONSIDERATION OF the proposed Fountain of Light Sculpture as a way of recognizing
past and future Mayors of Fountain Hills.
Mayor Dickey declared a conflict of interest and recused herself from discussion.
Mr. Miller said that after the Council recently directed staff to research ideas for developing
a Mayor's Walk, or other recognition of past, present and future mayors, they got a
communication from Jenny Winnegrod with a clever proposal to use the Fountain of Light
sculpture. She said that members of the Public Art Committee are present, as well as the
artist. She showed a rendering of the sculpture, the base of which would accommodate 27
spaces with 8 x 10 plaques. It would be lit in the evening and commemorate the 50 years of
the fountain as well.
She said that the Public Art Committee has requested $50,000, the rest being funded
through donations. The Fund currently has $168,000 of which the policy states two years'
worth of maintenance and insurance, totaling $80,000, which would leave a balance of
$82,000.
Councilmember Spelich asked if at any time this would become a cost to the Town. Staff
replied it would not. Mr. Miller said that they see this as a win/win. The Fountain of Light
was originally designed to commemorate the 50th year of the fountain, but it was highly
likely that they could not fund the entire cost through donations.
Councilmember Brown said that he liked the idea. Staff came up with a great idea. It would
be a nice addition to the Avenue.
MOVED BY Councilmember Dennis Brown (telephonically), SECONDED BY
Councilmember Art Tolis to approve the expenditure of $50,000 from the Public Art Fund to
contribute to the Town Council approved Fountain of Light sculpture which will recognize past
and future mayors of Fountain Hills (and approve two years' worth of insurance and
maintenance).
Vote: 6 - 0 Passed
H. CONSIDERATION OF proposed traffic measures to improve pedestrian and traffic safety in
Fountain Hills.
Mr. Weldy said that the Pedestrian and Traffic Safety Committee met on June 4, 2020, to
review progress on a number of traffic and pedestrian related matters. During the meeting
staff provided additional information on traffic -related items that had been discussed
previously by the committee. Based on direction at the meeting, staff is bringing forth three
traffic safety recommendations from the Pedestrian and Traffic Safety Committee to the
Town Council. The committee's recommendations are as follows:
• Reducing the speed limit on Palisades (Shea to Golden Eagle) from 45-MPH to
40-MPH. The design speed limit for Palisades was set at 40 MPH when the roadway was
built. The Town Council at that time asked the Town Engineer to raise the speed limit to 50
Town Council Regular Meeting of June 16, 2020
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MPH, but after reconsideration, the Town Council approved a speed limit of 45-MPH. Due
to concerns about speeding from residents who live in neighborhoods adjacent to
Palisades, the Pedestrian and Traffic Safety Committee is recommending this change.
• Implementing a zero -tolerance speed limit enforcement policy in designated
safety corridors. Safety corridors are special segments of roadway that have been
identified by both engineering and data analysis to be either high pedestrian/vehicle or
vehicle/vehicle conflict zones. The primary cause of the issues are driver behavior in the
form of speeding, aggressive driving, impairment and distracted driving. School zones, for
instance, would be designated as safety corridors, as well as other major street segments
throughout the community.
• Installing right turn red light cameras in the south bound intersection at Palisades
and Shea. The intersection of Palisades and Shea has created problems over the years
due to a prohibition on right turns when the traffic signal is red from south bound Palisades
to west bound Shea. There has been a noticeable reduction in violations after the signs
were changed from right on green only, to No Turn on Red. Despite this improvement,
motorists continue to make right turns in the intersection without first stopping at the red
light. Staff has been in touch with a vendor about this technology and will have additional
information about the cost and logistics for a red light, right turn camera system.
Councilmember Spelich voiced concern with mandatory zones taking away the discretion of
officers. Captain Kratzer said that they talked about both safety corridors and zero
tolerance. He said that whatever they choose may impact their court order regarding traffic
stops and outcomes being scrutinized. There may be some implications that need to be
researched further.
Vice Mayor Scharnow asked if a safety corridor would be a permanent thing. Mr. Weldy said
that there are some areas, such as Saguaro, El Lago and Palisades, where they would
have a permanent corridor. They would do an outreach to educate the motorists for that.
They would recommend that the school zones be a zero tolerance area.
Councilmember Spelich strongly suggested that they think about zero tolerance zones, or
safety zones, where fines are doubled. Mayor Dickey said that they were pretty settled on
corridors. There are a lot of problems at intersections, such as Sunflower and La Montana,
but they believe that people going slower will help alleviate some of that.
Councilmember Brown said that he totally agreed with Councilmember Spelich. He was
actually the one that brought up zero tolerance. At the last meeting they talked about safety
corridors and he believes that the safety corridor, with higher fines, will spread through the
neighborhood and assist in slowing traffic down at intersections.
Councilmember Spelich said that he totally agreed with the red light camera on Palisades
and Shea. He said that they should have Mr. Arnson explore some issues as he knows they
have to have notice and postings.
Councilmember Brown said that he was in Sedona a few weeks ago and they have the big
red circle with a line through it at the stop light. If they are going to do a camera, they need
to at least give the people that cannot read notice.
Mayor Dickey said that Vice Mayor Scharnow had previously mentioned stacking at the
signal in front of Safeway. She said that with the traffic slow right now, they are going to wait
on that.
Town Council Regular Meeting of June 16, 2020
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MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Alan
Magazine to approve the reduction of the speed limit on Palisades (Shea to Golden Eagle)
from 45-MPH to 40-MPH; implement a Zero Tolerance Speed Limit Enforcement Policy in
designated safety corridors; and exploring the cost to install, maintain and operate Right
Turn Red Light cameras, with proper signage.
Vote: 7 - 0 Passed - Unanimously
Staff indicated that they would bring these matters back for further consideration at the
August 24, 2020, Council Meeting.
CONSIDERATION OF approving a Professional Services Agreement with Visus Engineering
Construction, Inc. to construct a roundabout at the intersection of La Montana and Avenue of
the Fountains.
Mr. Weldy said that the Avenue of the Fountains/La Montana intersection has been a
difficult intersection for vehicles to traverse since the early 1990's. The primary cause of
the issue is the wide median on Avenue of the Fountains which creates an extremely large
intersection footprint. After CK Engineering was contracted by the town to evaluate
and develop possible design concepts to mitigate the traffic issues at the intersection, the
Town Council selected the roundabout alternative.
CK Engineering recently completed the construction design and engineered documents
so the Town could seek qualified bids for the project. Due to the very wide median on
Avenue of the Fountains, the roundabout's central island will be elliptical, with its long
direction along La Montana. The Town published an Invitation For Bids (IFB) on April 29,
2020, on the Town website and in the Fountain Hills Times on April 29 & May 5, and the
Arizona Business Gazette on April 30 & May 6, 2020. Visus Engineering Construction,
Inc. was the responsive low bidder with a bid of $569,000. An owners' allowance in the
amount of $85,000 is included and results in a project total of $654,000. The funding for the
owner's allowance, if needed, is at the sole discretion of the town and will be used for
unforeseen issues should they arise.
Councilmember Tolis asked if they had any statistics regarding accidents at these.
Councilmember Magazine said that he remembered when they first started talking about
this that several articles indicated that the incidents of accidents were significantly lower.
Councilmember Brown said that they have been talking about this for the last ten years and
he is in full support of moving forward.
Bob Shelstrom, Fountain Hills, voiced concern with increased endangerment of pedestrians
with roundabouts.
Mr. Weldy said that they would use some of the CIP from this year to begin the project and
the rest would come from next year's budget. Mr. Miller added that back when they
approved the design the Council had also given approval to use some of the Downtown
Fund to assist with the costs.
Mayor Dickey said that she disagreed that the pedestrian crossings with the proposed
roundabout would not be safe. She said that what is there now, which she uses often, is not
safe. A one-way road with safety islands will be much safer for pedestrians.
Town Council Regular Meeting of June 16, 2020
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Vice Mayor Scharnow said that he voted no on the original vote for the design as it was
expensive, but he believes it will be a good addition to the overall plan for the Town.
MOVED BY Councilmember Dennis Brown (telephonically), SECONDED BY
Councilmember Sherry Leckrone (telephonically) to approve Professional Services
Agreement 2020-087 with Visus Engineering Construction, Inc. for the LaMontana
Roundabout (in the amount of $569,000, an owner's allowance of $85,000, and the
associated budget transfer for fiscal year 20-21 in the amount of $300,000).
Vote: 6 - 1 Passed
NAY: Councilmember David Spelich
A break was taken from 9:12 p.m. to 9:17 p.m.
CONSIDERATION AND APPROVAL of the 2020 Ten Year Pavement Management
Program.
Mr. Miller said that a few years ago the Town's approach was to use zones for taking care of
the Town's street needs. They found over time that has not met their needs. They
contracted with IMS and through that process they determined PCI ratings.
Mr. Weldy said that they have been at this for an incredible amount of time. He said that
with the zone approach the challenge was the funding and they fell way behind. He said that
it was important to know that what is being brought forward tonight is based on accurate
data. They have continued to input the ongoing work that has been done as that drives
down their overall cost for the future.
He said that once this plan is adopted, it will not include the next fiscal year; it will take a
considerable amount of planning and communication with citizens on the best way to fund
it. The soonest it could be brought to the voters is November 2022. He said that in August
MR Tanner will continue the Pavement Management Plan they are currently following.
Zac Thomason from IMS then reviewed a PowerPoint presentation, attached hereto as
Exhibit A.
Councilmember Magazine said that they should go for a bond. He asked how long it would
take to spend $30 million. Mr. Weldy said that it will take the majority of those years to
spend that money, along with the money allotted annually. He said that the numbers are
today's numbers. They do not have an escalation factor. As they move forward it is difficult
to predict what the costs will be. He said that while decisions are being made and they are
providing additional information for decision making, they will continue the old pavement
management with the fund they currently have and they will continue to reduce some of the
backlog.
Councilmember Magazine asked why they did not include an escalation factor. Mr. Miller
said that they have never gotten this far at all. They have identified what the needs are and
they will come back with a strategy. They will have to refine this as time goes on and come
back periodically to put in cost escalators. Mr. Weldy said that they did not want to provide
any misleading information.
Mayor Dickey said that they are not talking about how to fund anything tonight. She said
Town Council Regular Meeting of June 16, 2020
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that bonding is not going to be the end all or be all. Mr. Miller said that the plan before them
was based on $2.5 million a year. They do not know what the future holds. He said that Zac
is going to help them figure out more of the cost escalation at the committee level.
Councilmember Spelich said that messaging is going to be the most important part of the
plan. Zac's knowledge and ability to break this down is an intricate part of the messaging.
Bob Shelstrom, Fountain Hills, said that they do not know these numbers. They cannot
determine PCI with 100% accuracy. He said that this is an adherent uncertainty. All the work
in the maintenance is not legal to be bonded for.
MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Alan
Magazine to approve the 2020 Ten Year Pavement Management Program and direct staff to
return to the Town Council at a future date to address funding options and other strategies to
implement the plan.
Vote: 7 - 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.
None
10. ADJOURNMENT
The Regular Meeting of the Fountain Hills Town Council of June 16, 2020, adjourned at
9:52 p.m.
TOWN OF FOUNTAIN HILLS
9;C;
Ginny, ickey, Mayor
ATTEST AND PREPARED BY:
ElSabet urke, Town C rk
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 16th day of
June, 2020. 1 further certify that the meeting was duly called and that a quorum was present.
, x m"! Few
I- ORO
W10711 ' Burke, TownfClerk