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HomeMy WebLinkAbout2021.0406.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 6, 2021 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the Meeting of April 6, 2021, to order at 5:30 p.m. and led the Councilmembers and audience in the Pledge of Allegiance. 2. MOMENT OF SILENCE A Moment of Silence was held. 3. ROLL CALL—Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmember Mike Scharnow; Councilmember Peggy McMahon; Councilmember Gerry Friedel; Councilmember Alan Magazine; Councilmember Sharron Grzybowski 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 reported that for the last several weeks the Fire Chief has been working with the County on the pandemic and trying to secure a vaccination clinic in Fountain Hills. He said that they will be finalizing the dates within the next few days, and it will be held in the interior public area of the Community Center. They hope to provide 200 of the J & J vaccinations. He reminded everyone that next week there would be a public open house on the 2022 proposed budget and the following evening the Town Council will be holding their budget workshop. Councilmember Scharnow said that the Fountain Hills Coalition's 9th Annual Essay Contest was held at the high school last week, and they will be honoring 17 students at an awards ceremony. He said that they were really great essays, and it was good to see positive news coming forward. They were able to have a live function with parents and students. He said that he announced the other week that they were able to obtain some Narcon which was handed out by the Fire Department to counteract opioid overdoses. They have given out at least seven, and they have ordered more to give to the Chief. He also reported that at the high school they converted a storage room into a Team Room with many contributors involved. He also reported that he held a rummage sale that had a tremendous turnout, and he did Town Council Regular Meeting of April 6, 2021 2 of 8 not have to put up one sign. Councilmember Grzybowski reported that she attended the Greater Phoenix Economic Council's quarterly board meeting, and she was privileged to be the Council's representative. She said that she recently toured the Fountain Hills Medical Center two times, attended the League's legislative updates virtually, and received her second COVID shot, which her husband administered to her. Mayor Dickey reported that she attended the Valley Metro meeting, and they talked about the ARP distribution details to come and Prop 400. She also said that the Urban Land Institute had a good interview with Fort McDowell's President Bernadine Burnette. She attended the MAG Regional Council Meeting. The Arizona-Sonoran Regional Council is a council of local elected officials from Arizona Sonora who work with all levels of government and the business community to increase dialogue and strengthen cross-border economic development, which was set up by MAG. She attended an event to honor Vietnam Veterans, as well as events for the YWCA and United Way. She said that she attended the recent farewell to the Community Center Manager Mike Fenzel. She wished him well and said that he would be missed. A. PROCLAMATION declaring April 6, 2021, as Golden Rule Day. Mayor Dickey said that she received a request from some folks, and she asked the Community Services Program Coordinator Kade Nelson, along with members of the Mayor's Youth Council, if they would like to take it on as one of their projects. The youth reached out to Larry Fultz with the Arizona Interfaith Alliance, and he sent an invitation to the Town to become a Golden Rule Community. She then read the proclamation and invited representatives of the group to come forward to say a few words. Mr. Nelson came forward and said that they were hoping that Larry could join them this evening. He said that there was a total of nine members of the Mayor's Youth Council and they are very ambitious and want to be involved in bettering the town in which they live. He said that one of the projects they chose to do was the Mental Health Campaign. He said that they are joining eight other communities in Arizona, and it was a great honor. Councilmember Magazine said that the Youth Council has been a tremendous support to the Town. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. RECOGNITION and award of grants related to the Fountain Hills and Republic Services Community Grant Program. Town Council Regular Meeting of April 6, 2021 3 of 8 Mr. Miller said that he was pleased to host Republic Services, who has provided $10,000 a year in the way of a grant for nonprofits in the community. He said that in 2020 they did not award any grants, so this year they have $20,000 available. He asked Mr. Smith to come forward to help assist in presentation of the checks. Mr. Smith recognized in the audience David Hamblin with Republic Services and Stephen Herring, their Government Relations Director. He said that they had formed a committee with Republic Services representatives, and members of the community. They awarded nine grants with priorities on stewardship, education, and quality of life. He invited each of the following groups forward and presented a check to each: 1. Boys and Girls Club 2. Fearless Kitty Rescue 3. Fountain Hills Charter School 4. Fountain Hills Coalition 5. Fountain Hills Community Garden 6. Fountain Hills Theater 7. Fountain Hills Dark Sky Association 8. Fountain Hills Noon Kiwanis 9. River of Time Museum Mr. Smith said that they will be awarding another $10,000 in the fall. Mayor Dickey thanks representatives of Republic Services for doing this. 6. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted(not required)on matters NOT listed on the agenda.Any such comment(i)must be within the jurisdiction of the Council, and(ii)is subject to reasonable time,place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may(i)respond to criticism, (ii)ask staff to review a matter, or (iii)ask that the matter be placed on a future Council agenda. None 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council.All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Mike Scharnow to approve Consent Agenda Items 7-A through 7-G. Vote: 6 - 0 Passed Other: Vice Mayor David Spelich (RECUSE) Town Council Regular Meeting of April 6, 2021 4 of 8 A. CONSIDERATION OF approving the meeting minutes of the Council Retreat of February 23, 2021; and the Regular Meeting of March 16, 2021. B. CONSIDERATION OF Resolution 2021-07 approving an Intergovernmental Agreement with Maricopa County Animal Care and Control (Contract C2021-038) for July 1, 2021, through June 30, 2022, in the amount of$22,318. C. CONSIDERATION OF the Final Plat for Adero Canyon Phase II Parcel 2B Re-plat, a 43 lot, single-family subdivision in the Adero Canyon PAD. D. CONSIDERATION OF a request to apply for and take receipt of Proposition 202 grant funding in the amount of$10,000.00 from the Fort McDowell Yavapai Nation in order to support the town's tourism marketing efforts. E. CONSIDERATION OF Resolution 2021-05, abandoning the 10' Public Utility and Drainage Easement at the rear and the Northern 10' Public Utility and Drainage Easement of 16010 N Aspen Drive. F. CONSIDERATION OF approving a Cooperative Purchasing Agreement with PFM Asset Management, LLC in the cumulative amount of$60,000 for investment management services. G. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Elks Lodge for an Extension of Premises liquor license in conjunction with the Elks Lodge Charity event located on the Elks Lodge property on April 27, 2021. 8. REGULAR AGENDA A. CONSIDERATION OF approving the Desert Vista Crosswalk Design Concept. Public Works Director Justin Weldy introduced Kim Carroll of Kimley Horn Engineering, a registered professional civil engineer, who gave a PowerPoint presentation which addressed: PROJECT BACKGROUND OVERVIEW OF 30% DESIGN CONCEPT PLAN VIEW RENDERINGS OF DESIGN CONCEPT STREET VIEW RENDERING OF DESIGN CONCEPT NEXT STEPS Councilmember McMahon asked if there was any type of curb or fencing in the median that would keep people from wandering off of the area. Ms. Carroll said that it was not in the design at this time, but it could be considered, perhaps with a vertical curb. Councilmember Friedel asked if the crosswalk could be moved up so it was even with the side street, rather than in the middle of the block. Ms. Carroll said they did look at that, but due to the grade being so steep, they could not be ADA compliant. Councilmember Scharnow asked if they could also address the landings when they get to Town Council Regular Meeting of April 6, 2021 5 of 8 the service drive, and if there could be a foot railing or something. Ms. Carroll said that they did not have an elevation view, but there is a slight retaining wall at that location. Mr. Weldy added that going from the south side there will be a raised curb. Mayor Dickey asked if there were concerns with the street lights being probably 18 feet high causing a conflict with dark skies. Mr. Weldy said that if they face any challenges, they can shield the lights. Councilmember Magazine said that when they looked at solar lighting on the Avenue they found that with the heat they do not last long. Mr. Weldy said that this is a new system and will only be storing energy in a battery; it is a different application, and the only one approved by the FHA. Councilmember Magazine asked if this was on the approved 2021 capital listing and in this year's budget. Mr. Weldy said that it was not in the first six months, but it was reauthorized in December to move forward. It is in the CIP budget for this year and a percentage in next year's budget. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike Scharnow to direct staff to proceed with the final design of the Desert Vista Crosswalk. Vote: 7 - 0 Passed - Unanimously B. PUBLIC HEARING AND CONSIDERATION OF Ordinance 21-04, amending Zoning Ordinance Chapter 5, General Provisions, Section 5.09, Walls and Fences, subsection A. 2. regarding provisions for golf ball fences. Mayor Dickey opened the public hearing. Development Services Director John Wesley said that the current code allows for golf nets (fencing) to be installed on properties around the golf courses, but it requires a special use permit. He said that they have routinely been approved, and the last time the Town Council recommended that they be approved administratively. If someone does not meet the restrictions, then they could apply for a special use permit. Councilmember Magazine asked where the 25 foot limit came from. Mr. Wesley said that is what is the code currently. He said that the maximum height he could support would be 30 feet. Vice Mayor Spelich said that he has been contacted by a resident who said that the current code allows them on the side or back yards, but with the way their house is situated, they need one on their front yard for the driving range. Mr. Wesley said that he would have to take a look at it, but he would have concerns with them being permitted in the front yards. He said that it would be best if the golf course put it on their property. Vice Mayor Spelich said that he does not want to approve this if it would limit those residents. Mr. Wesley said that approving this would still allow them to come before the Council if they did not meet the code. Councilmember Scharnow said that he was not sure that he would want to see them go to 30 feet. He asked if there is any notification of the neighbors required. Mr. Wesley said that if it met this requirement, no notice would be required. Town Council Regular Meeting of April 6, 2021 6 of 8 Mayor Dickey asked if things that are administratively approved can be appealed to the Council. Mr. Arnson said that it would depend on what is being done, but they may be able to go through the Board of Adjustment. There being no public input, the Mayor closed the public hearing. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Vice Mayor David Spelich to adopt Ordinance 21-04. Vote: 7 - 0 Passed - Unanimously C. DISCUSSION WITH POSSIBLE CONSIDERATION 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. Mr. Miller said that there was not a lot of activity; there were only four or five bills he wanted to share with the Council. They were: SB1146 - He said that this is the bill that removes the sales tax on vehicles being purchased for out of state use, and the Town Council previously took a position to oppose the bill. The League has been working diligently to try and get it killed. HB2049 - This is the bill geared at punishing some cities where the Legislature did not like how they were handling condemnation. They are working on an amendment, but he has not seen it. HB2190 - This bill is related to a vaccine passport. He said that the impacts are so broad; it would prohibit the state or counties from coming up with a COVID vaccine passport. The intent was meant for something else, but it could be interpreted badly. He said that if a government employer wanted to incentivize employees, they would be prohibited from doing that. Mayor Dickey said that they could not give them an extra hour at lunch to go get it. It could have to do with healthy living rewards. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Sharron Grzybowski to oppose this bill. Vote: 7 - 0 Passed - Unanimously HB2668 - Homelessness and using state property for camping. He said that it broadly describes municipal property. It may sound like a good tool, but it actually criminalizes street camping, and it may take away resources from the Town. He said that the intent was to try and address the issue, but they think it goes too far and takes away flexibility. Mayor Dickey said that it is unconstitutional. When they do not allow camping, they have to have an alternative, and nothing is close enough to offer. She said that the Institute did not even talk to anyone who may have suggestions related to homelessness. MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Mike Scharnow to oppose this bill. Town Council Regular Meeting of April 6, 2021 7 of 8 Vote: 7 - 0 Passed - Unanimously SB1379 - Short-term rental. Mr. Miller said that this bill died. Councilmember Magazine said that people in Sedona are leaving in droves; it is ruining their town. Councilmember McMahon said that Eagle Mountain voted to prohibit short-term rentals and it passed by over 75%. Councilmember Magazine asked if that was legal. Mr. Arnson said that it was. Mr. Miller said that they met with the NPOA Board before and tried to encourage them to consider this. They believe that some of the bigger ones may consider it, and it may be a way to address the issue. Mr. Miller said that the Governor is still talking about a flat tax, which would impact cities and towns, and under the current proposal it would impact the Town by $1 million a year. Councilmember Magazine asked about the status of the gun bill. Mr. Miller said that he has not looked at that one (HB2551). Mayor Dickey noted that in an older report it indicated that it passed the House and a Senate committee; she was not sure of its current status. Mr. Miller noted that the Legislature is more than halfway through its session. 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 Vice Mayor David Spelich to adjourn. Vote: 7 - 0 Passed - Unanimously The Regular Meeting of the Fountain Hills Town Council held April 6, 2021, adjourned at 6:44 p.m. TOWN OF FOUNTAIN HILLS Ginn Dickely, Mayor ATTEST AND PREPARED BY: liza et lein, Town CI rk Town Council Regular Meeting of April 6, 2021 8 of 8 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 6th day of April, 2021. I further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of May, 2021. lizabeth . Klein, Town Cle