Loading...
HomeMy WebLinkAbout2020.1020.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 20, 2020 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the meeting to order at 5:30 p.m. and led the Council and audience in the Pledge of Allegiance. 2. INVOCATION - Pastor Rick Ponzo, Calvary Chapel Fountain Hills Pastor Ponzo, Calvary Chapel Fountain Hills, gave the invocation. 3. ROLL CALL — Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Mike Scharnow; Councilmember Gerry Friedel; Councilmember Art Tolis; Councilmember Alan Magazine; Councilmember David Spelich Absent: Councilmember Dennis Brown 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 Town Manager Grady Miller reminded everyone that this Saturday is the 12th Annual Make a Difference Day from 8:00 a.m. to 12:00 p.m. They have 37 residential projects and 267 volunteers registered. This year they will be doing all projects outside. Mayor Dickey thanked Volunteer Coordinator Kim Wickland for all of her work on this project. Mayor Dickey reminded everyone that the deadline to register to vote was October 15, 2020, and the last day to request an early ballot to be mailed is October 23. She clarified that the post office is accessible, and ballots should be in the mail by October 27 to ensure they are received by election day. She said that early ballots could also be dropped off at Town hall on Monday through Thursday from 7:00 a.m. to 6:00 p.m. and until 7:00 p.m. on election day. Voting in person has also started at Plaza Fountainside and they are open Monday through Saturday from 9:00 a.m. to 7:00 p.m. They will be closing the Monday before the election at 5:00 p.m. She said that the Voting Center will be open on election day from 6:00 a.m. to 7:00 p.m. She also reported that she has been attending AAED meetings through the use of Zoom Meetings, and she noted that there are resources out there. A. A PROCLAMATION declaring October 19-23, 2020, as Arizona Cities and Towns Week. Mayor Dickey read a proclamation proclaiming the week of October 19-23, 2020, as Arizona Cities and Towns Week. Mr. Miller said that he would have the proclamation displayed at Town Hall. Town Council Regular Meeting of October 20, 2020 2 of 10 B. A PROCLAMATION declaring November 11, 2020, as Veterans Day. Mayor Dickey read a proclamation proclaiming November 11, 2020, as Veterans Day. C. Recognition of Outgoing Board and Commission members. Mayor Dickey recognized outgoing board members Vicky Dirksen (Sister Cities Advisory Commission) and Gerry Friedel (Strategic Planning Advisory Commission). Those not present, but recognized, were Don Doty (Community Services Advisory Commission) and Dr. Darienne Slater (McDowell Mountain Preservation Commission). 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION OF Purple Heart flag to the Town of Fountain Hills by Phil Yin, Sr. Vice Commander of the Military Order of the Purple Heart Chapter 2560. Patriot Chuck Byers, Department of Arizona State Commander, Military Order of the Purple Heart, presented the Purple Heart Flag to Mayor Dickey and the Fountain Hills Town Council. He said that he was pleased and proud to have the recognition for the Town. Public Works Director Justin Weldy thanked all veterans and said that they would be hoisting the flag at sunrise in front of Town Hall tomorrow morning. B. PRESENTATION OF update by representatives of the Fountain at 50 Committee. Sandy Ursini, Chairman of the Fountain at 50 Committee, reviewed what has been taking place since the proclamation was read last December. She said that they kicked it off last year with the Thanksgiving Day Parade, and then golden "50's" appeared in Fountain Park. They celebrated the 30th Anniversary of Incorporation with cake for 600 people. The Sculpture of Light was approved, and in January they became part of the Museum's history, a social media campaign started, and the Times began a monthly history section. The Museum was collecting oral stories and the Library started a children's program. She said that in February they were well -prepped to receive a number of letters from municipalities from around the Valley through the Pony Express. Then, in March event after event was canceled due to COVID-19. They continued planning and had the banners on the Avenue installed and began a photo contest. Chocofin created a Fountain at 50 chocolate bar and had a contest for 50 pounds of chocolate. The committee also began gathering items for a time capsule which will be opened in 25 years. They are planning to have golden holiday decorations and the Recreation Department began a virtual trivia night with an emphasis on the fountain. She said that they were hoping that these different things would keep people involved. She said that they had originally planned to be part of the Stroll in the Glow Balloon Glow and lighting of the Sculpture, but they have decided against that, although the Chamber is still moving forward with the Stroll. They had also planned a gala anniversary dinner for December 6, but that has been postponed as well. She said that they have moved their events to January 30, 2021, hoping that conditions will have improved by then. During the December 15, 2020, Council Meeting, a new proclamation will be read and they will unveil the new lighting system at the Fountain. Town Council Regular Meeting of October 20, 2020 3 of 10 Mayor Dickey said that this year is not what so many people had hoped for, but she wanted to recognize her and the committee for keeping their good humor and flexibility. She thanked the committee and community groups that volunteered to do things, and she thanked Ms. Ursini for her leadership. Councilmember Tolis thanked the committee as well. He said that he would encourage the committee to come up with an alternate plan to have a full year of celebrations, starting with a day that masks are not required. C. PRESENTATION OF monthly update by MCSO Captain Kratzer. MCSO Captain Kratzer reported that they are still seeing a high number of identity theft and fraudulent claims through the Department of Economic Security. He said that if residents find that they are shown as receiving benefits, they should call the Police and DES. Because of the number of fraudulent claims, it is keeping others from getting benefits that they are in need of. He said that computer fraud is still a problem as well. Last month they had an individual in Town defrauded out of $5,000. He said that there is another scam where they ask the individuals to purchase gift cards at local stores. He said that they are fully implemented to go out to contact the local stores to provide training and education so employees could identify these cases, but they are somewhat limited in what they can do. Coming up, they will be part of the Make a Difference Day, the Fountain Hills Goofy Blast Halloween, and will be meeting in person with the Fountain Hills Coalition. He also reminded everyone that there is a drop box at the MCSO Office for unwanted drugs. Councilmember Spelich asked what MCSO's plans are for election day and the day after with police departments across the country planning for social unrest. Captain Kratzer said that it is still being determined. They are constantly monitoring threats. They are working on it, but they have not seen a formal plan. They are not allowing any time off between November 1 and 10, and it may be extended if needed. Mayor Dickey thanked the MCSO office, noting that all of the above, as well as their normal duties of dealing with party houses, helping residents' quality of life, masks, distancing, stolen signs, etc. it keeps them going. She said that he is always calm and professional. D. PRESENTATION OF First Quarter FY21 Revenue Update Finance Director David Pock gave a First Quarter FY21 Revenue Update, which addressed: FIRST QUARTER REVENUE UPDATE Revenues collection for the first quarter is encouraging and exceeded budgeted expectations by $825,000 Most TPT categories are outperforming last year State Shared Revenues are down slightly but still within an acceptable range Staff remains optimistic that collections will continue to strengthen as economic uncertainty related to COVID-19 and the election decrease NET TAXABLE ACTIVITY TOTAL TPT COLLECTIONS RETAIL SALES Town Council Regular Meeting of October 20, 2020 4 of 10 Councilmember Tolis said that a big issue in the past was with online sales. He asked at what point taxes on those sales began coming in. Mr. Pock said that he would have to find out. Mr. Miller said that with the Wayfair Decision, they saw changes starting in 2019. Mr. Pock said that is one of the reasons they faired so well. Mr. Miller said that another factor was with the mandated taxes on short-term rentals. Councilmember Magazine asked how much they are losing to individuals renting out places that are not part of a program. Mr. Pock said that he would not be able to quantify that. Councilmember Magazine asked if the Town works with realtors. Mr. Miller said that they went out to them, and also used the newsletter to get the word out. Neighbors are reporting as well. Mr. Pock said that the Town has an auditor on contract who has working relationships with the Department of Revenue. He will work with him on strategies. Councilmember Tolis said that another policy that Council supported was auto sales and that number is included in this amount as well. Mr. Pock said that was correct. Councilmember Spelich said that they should get with MCSO about the party houses and make sure those are on the list for sales tax. Mr. Pock said that one of the party houses is compliant. CONSTRUCTION UTILITIES REAL ESTATE RESTAURANTS AND BARS SERVICES STATE SHARED REVENUE SALES TAX INCOME TAX HURF Mr. Miller said that staff put a hold on CIP projects, other than the four directed by Council. Council wanted to wait until this first quarter report to determine whether they could move forward with some of the other projects. He said that they had a lot more wants than needs. The cost of living recommended was postponed to January 1, 2021, and went from 3% to 2.5% to wait and see how revenues were looking. He said that all of the capital projects are fully budgeted this year. At adoption of the budget, he had recommended that they go forward with the top five. Staff will come back next month with decision points and outline what the projects are. Councilmember Magazine said that he did not want to be foolish about it. Vice Mayor Scharnow said that he appreciated the summary and looks forward to hearing more about capital projects at the November 17, 2020, meeting. 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 (h) 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 Town Council Regular Meeting of October 20, 2020 5 of 10 the matter be placed on a future Council agenda. None 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. if a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Alan Magazine to approve Consent Agenda Items 7-A through 7-D. Vote: 6 - 0 Passed - Unanimously A. CONSIDERATION OF approving the meeting minutes of the Special Meeting of September 8, 2020; and the Special Meeting of September 28, 2020. B. CONSIDERATION OF adopting Resolution 2020-38, abandoning the 10' Public Utility and Drainage Easement at the rear of Plat 603-13, Block 1, Lot 24 (12636 Sumac Drive) as recorded in Book 161, page 41, records of Maricopa County, Arizona; with stipulation. (EA 2020-07) C. CONSIDERATION OF adopting Resolution 2020-39, abandoning the 10' Public Utility and Drainage Easement at the rear of Plat 505-B, Block 1, Lot 22 (15809 Kipling Dr.), as recorded in Book 158, page 43, records of Maricopa County, Arizona, with stipulation. (EA 2020-08) D. CONSIDERATION OF adopting Resolution 2020-40, abandoning a portion of the 10' Public Utility and Drainage Easement at the rear of Plat 506-A, Block 2, Lot 33 (15213 E. Shoot Out Plaza), as recorded in Book 159, page 30, records of Maricopa County Arizona. 8. REGULAR AGENDA A. CONSIDERATION OF appointments to the Board of Adjustment, Community Services Advisory Commission, McDowell Mountain Preservation Commission, Planning and Zoning Commission, Sister Cities Advisory Commission, and the Strategic Planning Advisory Commission. Mayor Dickey said that it was good to see so many interested people in the community. She said that the Council Subcommittees had met and provided their recommendations for appointment. MOVED BY Mayor Ginny Dickey, to appoint: Carol Perica and Paul Ryan to the Board of Adjustment (terms ending 10/31/23); Amy Arnold and Rory Wilson to the Community Services Advisory Commission (terms ending 04/30/23) and Stephen Barnes (term ending 04/30/21), and Jacelle Bautista as the youth member (term ending 06/30/21); Janice Holden and DJ Willard to the McDowell Mountain Preservation Commission (terms ending 10/31/23); Scott Schlossberg and Jessie Brunswig to the Planning and Zoning Commission (terms expiring 04/30/23); Eric Walker and James Wilson to the Sister Cities Advisory Commission (terms expiring 10/31/23); and Gerard Biscelia and Cynthia Magazine to the Strategic Planning Town Council Regular Meeting of October 20, 2020 6 of 10 Advisory Commission (terms ending 04/30/23) and Patrick Garman (term ending 04/30/22). Councilmember Magazine said that he has never seen so many applicants, and it was a sign of a healthy community. He thanked them all. Councilmember Spelich added that their resumes were so impressive with such diverse backgrounds. He said that it was impressed to see the backgrounds of people and it was a tough decision. , SECONDED BY Councilmember David Spelich Vote: 6 - 0 Passed - Unanimously B. HOLD A PUBLIC HEARING AND CONSIDER ORDINANCE 20-21 amending Chapter 12, Commercial Zoning Districts, Sections 12.02 B, 12.02 C, and 12.02 D, by adjusting provisions to allow indoor vehicle sales in the C-C, C-2, and C-3 Districts. Case #Z2020-08 Mayor Dickey opened the Public Hearing. Senior Planner Farhad Tavassoli gave a brief PowerPoint presentation, noting that the proposed text amendment would allow indoor vehicle sales in the C-C, C-2 and C-3 zoning districts. Councilmember Magazine said that he did not see anything about overnight parking. Mr. Tavassoli said that this ordinance did not address overnight parking. It is currently allowed in the C-3 as a matter of right and in the C-2 with a Special Use Permit. Mayor Dickey closed the Public Hearing. MOVED BY Councilmember Art Tolis, SECONDED BY Vice Mayor Mike Scharnow to adopt Ordinance 20-21. Vote: 6 - 0 Passed - Unanimously C. PUBLIC HEARING AND CONSIDERATION OF Ordinance 20-22 amending Zoning Ordinance Section 6.07 G. 2. by changing the calculation used for the size of signs consisting of individual letters and/or logos and Section 6.08 W. 1. regarding the allowable sign area for wall signs. (Case #2020-09) Mayor Dickey opened the Public Hearing. Mr. Wesley said that Chapter 6 of the Zoning Ordinance provides for the regulations of signs. Town staff, with the assistance of the Town Attorney and input from a citizen group, is preparing a comprehensive update to the sign regulations. A draft of the sign ordinance has been reviewed by the Planning and Zoning Commission; the proposed amendments included in this text amendment are part of what the Commission has recommended for approval. In reviewing the current code against those of other cities and towns, and in discussions with the citizen group, it was noted that two current provisions in the Town's sign ordinance are more restrictive than other communities. It has been proposed that these two provisions be changed to allow more flexibility and creativity in sign design. Section 6.07 of the Sign Regulations provides general regulations regarding signs. Subsection 6.07 G. addresses sign area and how to measure sign area for different types of Town Council Regular Meeting of October 20, 2020 7 of 10 signs. Paragraph 2 addresses signs which are made up of individual letters and logos. The measurement standard in the ordinance is to draw a rectangle around the elements that make up the sign to calculate the area of the sign. This method of measuring sign areas limits the creativity of the sign design. To get the largest sign, the owner will usually choose a simple rectangular sign. To allow for and encourage more creative sign design, the proposal is to allow the area for these types of signs to be measured using up to two geometric shapes at least one point in common. This can then allow for different shapes and letters that go outside the standard rectangle without wasting a lot of sign area on unused space. Section 6.08 of the Sign Regulations provides the requirements for individual sign types. Subsection 6.08 W. address wall signs. Paragraph 1 in this section states wall signs are limited to a maximum of 1 square -foot of sign area per foot of frontage. In comparison to other communities, this sign allowance is low. The recommendation is to increase the allowance to 1.5 square -feet of sign area per foot of frontage. The maximum sign allowed will still be limited by the aggregate sign area allowance in Section 6.08 A. Brief discussion was held on potential colors of signs. Mr. Arnson said that the Council could adopt reasonable design standards. Mr. Wesley said that one of the immediate concerns is if that would limit such things as corporate colors. Mayor Dickey closed the Public Hearing at this time. MOVED BY Vice Mayor Mike Scharnow, SECONDED BY Councilmember Art Tolis to adopt Ordinance 20-22. Vote: 6 - 0 Passed - Unanimously D. CONSIDERATION OF Ordinance 20-25 amending the Fountain Hills Town Code by adopting a new Article II (Recreational Marijuana), in Chapter 11 (Offenses); establishing a purpose; setting forth definitions; prohibiting marijuana on public property; prohibiting marijuana establishments and marijuana testing facilities; enacting reasonable regulations for marijuana cultivation on residential property; setting forth violations; providing for enforcement and penalties; and setting a conditional effective date. Mr. Arnson said that in a few weeks the Arizona voters will decide on whether to allow recreational marijuana. Among other things, the Act allows municipalities to prohibit or regulate recreational marijuana establishments and testing facilities from operating within their jurisdictions. This proposed ordinance will not become effective unless and until the Act is approved and becomes effective. As proposed, the ordinance will prohibit recreational marijuana establishments and testing facilities from operating within Fountain Hills. In accordance with the Act, this prohibition would not apply to a current dual licensee that operates within Fountain Hills. The ordinance would also prohibit, among other things, the use or possession of marijuana on Town property. Finally, the proposed ordinance would place reasonable limits on the growth of marijuana plants in private residences. Staff recommends adoption of the ordinance. Doug Hebert, retired agent for DEA, said that his experience is that drug use and its misuse is related to its access and availability. He does not want to see this law pass. Town Council Regular Meeting of October 20, 2020 8 of 10 Shelly Maurey, Fountain Hills Coalition, said that studies show that youth living near marijuana dispensaries are more likely to use than those that do not. She said that she has 19 pages of law written by cannabis executives. She said that the proposed law is bad for the work force and drivers. She commended the Town for their vision in preempting this law and allowing the Town to regulate. Councilmember Magazine asked if she had seen the ordinance, and whether she thought it was going to make any different. Ms. Maurey said that the Town would be sending a signal that they want to protect the kids and the community. She said that if she is a new person coming in, she is more likely to move their family here than somewhere else if they regulate cannabis. Mr. Arnson said that at a minimum, this ordinance allows the Town Council to decide what they want to do in the future; it preserves their rights. Vice Mayor Scharnow said that there are a lot of things in the proposed proposition that are not good. He urged everyone to vote no, and he fully supported the proposed ordinance. MOVED BY Vice Mayor Mike Scharnow, SECONDED BY Councilmember David Spelich to adopt Ordinance 20-25. Vote: 6 - 0 Passed - Unanimously E. CONSIDERATION OF amending Christmas Light Decorators contract in an amount not to exceed $15,000. Community Services Director Rachael Goodwin said that on the first Saturday of December, the Fountain Hills community welcomes the holiday season by hosting a number of programs and activities. One of the most anticipated components of the day is the illumination of the annual light display along the Avenue Linear Park. The lights are officially lit during a Town -wide celebration hosted by the Fountain Hills Chamber of Commerce, known as the Stroll in the Glow. Though the Town does not organize the event, staff collaborates with the Chamber of Commerce to ensure the lights and other logistics are installed in time for the program. Due to COVID-19 and current safety mandates, the Chamber has had to eliminate many of the standard components of this event. In an effort to bolster the event and increase engagement while adhering to social distancing guidelines, the Town is considering a one-time expansion of the light installation. The expansion would include increased displays and/or decor, as budget and stock allow. Christmas Light Decorators is the current provider of the holiday lights and displays and is currently contracted at $35,000 annually. A one-time increase to the contract is requested, not to exceed $15,000, to be used to enhance the displays within the Avenue Linear Park. Budget savings from other events and programs, including Independence Day and Turkey Trot, will be reallocated for this expenditure. Councilmember Spelich said that he is not anti -Christmas, but he thinks that $15,000 is a significant amount of money. He said that he would like staff to look into purchasing a display; something that the Town could hold onto and be used every year. Mr. Miller said that they had the same thought; however, some of the issue is with storage. Ms. Goodwin added that there is also the annual maintenance. Councilmember Tolis said that would be good money going after bad, and the equipment would depreciate very quickly. He said that he trusts Ms. Goodwin's thinking and thinks this is a good investment. It has been a difficult year and it would be nice to have Fountain Hills recognized for having amazing lights. They Town Council Regular Meeting of October 20, 2020 9 of 10 should work with the newspaper and event coordinators. He was in favor of the request. Vice Mayor Scharnow said that he tends to be in favor of it as well. He said that maybe for next year they could look into buying/renting and developing a long-term plan. Mr. Miller said that is a good idea; they will follow up and report back to the Council. MOVED BY Councilmember Art Tolis, SECONDED BY Vice Mayor Mike Scharnow to authorize Town Manager to proceed with procurement of additional holiday lighting displays in an amount not to exceed $15,000. Vote: 6 - 0 Passed - Unanimously F. CONSIDERATION OF approving the fifth (5th) amendment to Professional Services Agreement C2017-083 in the amount of $16,701.64 with the CK Group, Inc. for engineering design services. Mr. Miller said that last year the Town Council selected the roundabout as the optimal alternative to safely move traffic and improve pedestrian safety at this intersection. Last spring CK Group completed the construction design and engineering documents for the roundabout prior to the town seeking qualified bids to construct the roundabout project. Shortly after construction was underway, a potential pedestrian and vehicular safety issue was discovered with the dedicated right turn lane. At the direction of staff, CK Group redesigned the eastbound approach to improve the pedestrian and vehicular safety at the southbound lanes of La Montana. The firm also addressed drainage issues that resulted from removing the dedicated right turn lane. The roundabout redesign, safety and drainage issues have been resolved and final construction of the project should be at or near completion as of the date of the Council meeting on October 20, 2020. The cost of the roundabout design changes resulted in a cost of $16,701.64. Mr. Weldy said that with the prior design, a retention basin was not needed; however, in reducing the pavement width, motorists are unable to get out of the deeper water, so the retention basin will collect the stormwater upstream. After storm events there are large quantities of water and they flow for one to three days down the Avenue. This will help to minimize some of those issues. He noted that these are just retention; once they reach capacity the water will be flowing out. Mr. Weldy said that the final paving for the minor redesign will be tomorrow and provided everything goes right, tomorrow night they will remove ail of the temporary signs. He said that there will still be a 2" drop-off. They are finishing the downtown paving at the direction of the Council. When they come back within the next two to three weeks, they will be putting a new coat on the Avenue of the Fountains and La Montana. Councilmember Magazine said that once that have a definite date, they should get the information on the Town's website. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Gerry Friedel to approve Contract Amendment No. 5 (to PSA Contract No. C2017-087) to the CK Group, Inc. in the amount of $16,701.64. Vote: 5 - 1 Passed NAY: Councilmember David Spelich Town Council Regular Meeting of October 20, 2020 10 of 10 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 Councilmember Tolis said that with everything being in the downtown area, he would like to see Mr. Goodwin and her team, and economic development staff, plan something for the businesses to create a buzz. Perhaps they could work with Judi Yates and the Farmers Market to do something special in the spring if they are allowed to focus on the downtown and fill the vacancies they have. 10. ADJOURNMENT MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember David Spelich to adjourn. Vote: 6 - 0 Passed - Unanimously The Regular Meeting of the Fountain Hills Town Council held October 20, 2020, adjourned at 7:31 p.m. ATTEST AND PREPARED BY: izabeth urke, Town CI rk CERTIFICATION TOWN OF FOUNTAIN HILLS t Ginny i key, NWyor 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 20th day of October, 2020. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 17th day of November, 2020. �•- .•- h - - . • .a�„o /