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HomeMy WebLinkAbout2021.0601.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 1, 2021 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the meeting of June 1, 2021, to order at 5:35 p.m. and led the Council 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 Gerry Friedel; Councilmember Peggy McMahon; Councilmember Alan Magazine; Councilmember Sharron Grzybowski Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth Present: A. Klein 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Town Manager Grady Miller reported that Jerry Miles, Mayor from 1996-1998, had passed away, noting that he and his wife had been very active in the community and touched a lot. He said that the loss will be felt. More information is to come regarding a service. He said that on June 5, 2021, the Town will hold its second vaccination clinic, providing the second Moderna shot, and they will also have the first of the Pfizer shot and the Johnson & Johnson one-shot vaccine available. Councilmember Grzybowski said that she attended the GPEC Board of Directors Meeting, the League Legislative Update and also the GPEC Transforming Spaces and Places Meeting. She said that they talked about the fact that when they were younger they hung out at the regional malls, but that is in the past. They heard about the new Paradise Valley Mall Redevelopment which will be 50 percent residential and 50 percent nonresidential, with bike and walking paths. She also gave a plug that this year's Leadership Academy Planning Committee now has applications available at ILOVEFOUNTAINHILLS.ORG. She noted that she is catching the red -eye back to Virginia this evening so she will need to leave the meeting by 8:30 p.m. Councilmember Magazine said that he and his wife have lived in Fountain Hills for 15 years, and he knows of no one that has dedicated as much time as the Miles. He said that several of them were asked to go out and take photos of the sculptures around Town, and he was amazed by the Town Council Regular Meeting of June 1, 2021 2 of 16 number of them that had been paid for by the Miles. Councilmember McMahon said that she attended the Arizona League Sustainability and Quality of Life Committee Meeting. They are working with the State, SRP, etc. to increase electric vehicle stations throughout the state. They are looking at the Recycling Fund for ways to support sustainable and renewable energy, and they are also working with MAG to address homelessness. She attended the MAG Economic Council meeting, and they continue to support development of the Regional Transportation Plan and ensure that Prop 400 does not phase out in 2025. She said that the regional housing market has been affected by people moving from Seattle and California, along with the increase in building materials, and affordable housing is hard to find. She noted that Tempe has created the Hometown for All Initiative. Last year Phoenix had 34 brand new companies, nationally and internationally, bringing 8,000 new jobs. She said that the trend is not slowing down. Councilmember Friedel said that he attended the call with the League on May 25 regarding the flat tax, and the effects could be close to $1 million to Fountain Hills alone. He called on all his colleagues to encourage the Legislature to hold the cities/towns harmless. He said that Mr. Ponder was on the call and he is very sharp. He also attended a ribbon cutting for Priority Hearing, and yesterday he helped Rotary set up between 2,000 and 3,000 flags for Memorial Day. He also attended the Post 58 Veterans Wall, where they had between 500 and 1,000 people. He said that it was a moving experience. Council Scharnow said that he attended the same ribbon cutting, and he also attended a Valley Metro Board Meeting. Mayor Dickey noted that she was going to move Items 8G and 8J to come right after 8C, as Councilmember Grzybowski would like to be present for the discussion and vote on those items. She reported that the Fountain Hills High School became a 2020 A+ School of Excellence, and she went to the Falcon Nest to help them celebrate. She attended a MAG Executive Board of Directors Meeting and they nominated a slate for the Board, which went to the whole Regional Council that same day, and she and Councilmember Scharnow are working on transportation issues through MAG and RPTA. She said that she was happy to attend the High School Graduation; it was very encouraging and hopeful. Fort McDowell Yavapai Nation's Vice President Paul Russell gave a speech that was positive and empowering; all speakers were inspiring. She was introduced to Marshall Shore, known as the "Hip Historian" to share the story of Fountain Hills in an online setting through writing a list of trivia questions where the answers become the conversation. It is poignant that she had the book "Rising above the Rest" for reference, as she was able to talk about Jerry Miles and the role he played in writing it with Alan Cruikshank and Jean Linzer and the local contributors. She said that Jerry was so committed to the community, and he will be sorely missed. She conveyed the Town's condolences to Jackie, his family and his many colleagues & friends. Town Council Regular Meeting of June 1, 2021 3of16 A. RECOGNITION OF Students of the Month for January, February, March of 2021 Mayor Dickey said that it had been some time since they were able to do this, with the pandemic closing schools and meetings. She read off the names of each of the students, and asked those that were present to come forward to receive their certificate and have a group photo taken. She noted that at the next meeting they would be recognizing the Stellar Students of April and May. January Stellar Students of the Month: Lilliana Perla McDowell Mountain Elementary School Henry Good McDowell Mountain Elementary School Zoe Jagodzinski Fountain Hills Middle School Jacob Markel Fountain Hills Middle School DeShawn Rivera Fountain Hills High School Bella Garman Fountain Hills High School February Stellar Students of the Month: Kellen Bryant McDowell Mountain Elementary School Kaycee Dehaan McDowell Mountain Elementary School Alex, Paige and Gia Ivie Fountain Hills Middle School Kensie Jibbin Fountain Hills Middle School Colton Marshall Fountain Hills High School Kayla Thorne Fountain Hills High School March Stellar Students of the Month: Emma Tobias McDowell Mountain Elementary School Matthew Walters McDowell Mountain Elementary School Cason Pitz Fountain Hills Middle School Navaeh Baxter Fountain Hills Middle School Tyler Thurlow Fountain Hills High School Josie Sand Fountain Hills High School 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION BY Captain Kratzer of MCSO with a Monthly Update. Captain Kratzer said that he wanted to highlight a couple of cases solved recently by their detectives that deserve special recognition. First was from the local Target store where they were hit 6 times within 21 days, with over $11,000 in electronics and good stolen. MCSO worked with their Loss Prevention, and they found that the same people were responsible for several incidents at the Talking Stick store and also in Gilbert and Mesa. They identified the suspect using his credit card. They obtained a search warrant and placed a tracking device on his vehicle. They located him at his residence on May 13 and arrested him for shoplifting. He said that he admitted to all of them and was selling merchandise on social media sites to feed a drug addition. Town Council Regular Meeting of June 1, 2021 4of16 The second case was the recent hit and run fatality that occurred on McDowell Mountain Road. He said that it happened on May 25, 2021, between 5:30 and 6:30 a.m. He said that there were two trucks traveling on the road and the second one hit the bicyclist and did not stop. The driver stopped at McDowell Mountain Regional Park to look at the damage, and the first truck, while they did not see it happen, noticed that the truck had stopped at the park and then the driver did not show up for the job and called in sick. He said that the deceased was found by another bicyclist on the road that noticed bike parts and called 9-1-1. Their detectives did a great job in making an arrest within two days, in part due to great witnesses, although no one saw it actually happen, there was a very alert park attendant who noticed the truck pull in, get out and look at the fender. Later on, she reported that the detectives. From that they located residential surveillance equipment that showed the same truck in the roundabout in Rio Verde. He said that without the help of the public, it would not have been solved so quickly. He said that the detectives were invited to the meeting, but they are still busy working on the case, and they all appreciated the invitation. The main detective was Sergeant Dave Taylor (supervisor), and Detectives Forrest Wright, Jason Porter, Billy Gardner, Sean Horning, Kate Ashby, and Caleb Frey. Vice Mayor Spelich said that these cases are extremely difficult to solve and the detectives did a great job. Councilmember McMahon thanked them for their work. Mayor Dickey stated that they had heard of the officer killed in a car accident, and their respect and thoughts go out to all of them. 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. The following individuals had submitted cards online, or in person, requesting to speak at the meeting under Call to the Public in opposition to the newly -adopted Sign Ordinance: ♦ Stephenie Bjorkman ♦ Suzanne Nann (during the meeting indicated she was supporting the opposition, but did not wish to speak) ♦ Gina Stevens ♦John Kavanagh ♦ Linda Kavanagh ♦ Rosemary Powell ♦ Betsy LaVoie ♦ Chris Enos ♦ Steve Vargo ♦ Tyrone Meredith ♦ Frank Quinn ♦ Mark Bierman ♦ Stephanie Sandoval ♦ Dori Wittrig Town Council Regular Meeting of June 1, 2021 5 of 16 ♦ Terri Tieber ♦ Chris Brant Comments included: ♦ They are opposed to the new Sign Ordinance ♦ The businesses need their signs and there is no reason they cannot work together to keep them and make everyone happy ♦ How much tax revenues will the Town lose by taking away signs? ♦ Asking that the Town Council reconsider the item at the June 15, 2021, Council Meeting ♦ Does not feel this is a beneficial decision; when they go places signs tell them that a business is open ♦ As a real estate agent, half of the people going to open houses say they came because of the Open House sign they saw ♦ The sign issue in Town is not new; they never eliminated the signs, but taking them back 15 feet from the curb is pretty much eliminating them ♦ One Councilmember indicated safety concerns with temporary signs; in his six years on Town Council he never heard or read of safety issues from signs ♦ The Town has a lot of directional signs in the right-of-way; are they going to remove those? ♦ What about political signs? One person that voted for the new ordinance had political signs up ♦ One person on Council can change this and he hoped they will ♦ The Town runs on sales tax money ♦ She was on the last big signs committee ♦ Signs increase foot traffic bring in new customers and are necessary for wayfinding, especially for realtors. ♦ Why would they impose this new ordinance, without even consulting the businesses? ♦ She is a registered nurse, and she asked the Council to visualize restaurants, tax revenues, etc. with signs. She offered three hypnosis sessions to anyone on Council ♦ Public right-of-way is different in width throughout Town ♦ This is one more burden to overcome ♦ The Council should put together a task force ♦ Spoke with hundreds of businesses, and she had 627 supporters to reverse the May 18 decision ♦ 77% said that temporary signs were extremely important and 19% said they were very important ♦ More than 87% of the Town's businesses have people walk through their door because of their sign ♦ Does the Town have any data to support the statement that the impact was being "overblown?" ♦ Beauty is in the eye of the beholder ♦ He was asked to look at the law; aesthetics are important, but who judges? ♦ Distances in right-of-way are arbitrary and capricious ♦ Reconsider the 4-3 vote; bring in the Chamber and other stakeholders ♦ Resident since 1991; owns MCO Realty, and most of his agents believe this is going to hinder their ability to represent the homeowners ♦ He is an outsider looking in ♦ Four years ago he found a house to buy and moved to 110th St. and Shea, but he always comes back to patronize the restaurants, some of which he found because of the signs ♦ Signs are a welcome to those that do not know an area ♦ He is also an outsider. and is in the sign business, but he has no gain to be there as he Town Council Regular Meeting of June 1, 2021 6of16 does not sell or make a -frame signs ♦ He does like the tone of the whole Council and the idea of them coming together ♦ Employees of large corporations did not feel the impact of 2008; small businesses did, and now they have all gone through the pandemic ♦ Businesses are now reopening and getting a chance to recover ♦ He and his wife are residents and owners of GOAL agency; they found their home and restaurants through signs ♦ Was a home builder in Minnesota for over 25 years, and signs were the #1 reason people came to the model homes ♦ Loves the Town; is a business owner in Town, and property owner ♦ She works with 300 agents with Homesmart International, 60 of which are in Fountain Hills, and this is harming both the consumers and the agents ♦ Owns Remax and serves on many boards in Town ♦ It has been 9 years and 6 months since November of 2011, the bottom of the real estate market and there were 3 tough years leading up to that ♦ COVID has been a nightmare ♦ Many people find their way here because of the fountain; hundreds of would-be tourists come without a thought in their mind, but by the end of the day they happen upon a sign on a street corner that takes them to a house they buy ♦ Shocked that the Town Council made such a drastic decision when it does not seem at all necessary ♦ The community has crafted good policy before; they can do it again ♦ Owner of Sunbaked Bakery said she needs her signs because the building sits back ♦ She comes in at 2:30 in the morning and puts her sign out; people then know she is open ♦ Suggests that all the tenants pay for one sign at the end of every street telling people what is down that road ♦ Has lived in the area since 1983, and was shocked that they would vote for this ♦ Even before the pandemic the businesses were in trouble Town Clerk Elizabeth Klein reported that the Town received two electronic comment cards in support of the ordinance from Sherrilynn James and Fred James; and 13 in opposition from Melinda Stanton, Pal's Inn, Cherie Koss, Suzanne Isaacs, Erin Holman, Michael Gant, Dr. Nancy Gaillard -Dillard, Peter Donzelli, Sandy Cashen Paige Lorentzen, Tammy Bell, Lisa Murray, and Dean Warner. Representative Kavanagh also reported during Call to the Public that he was quite confident that the Legislature would pass a flat personal tax, but they will hold the cities and towns harmless. He said that every resident is going to have a tax cut. Crystal Cavanaugh, Fountain Hills, said that she was back to talk about detox units. She said that they may not be discussing them now, but as soon as the Town receives a formal application, they will be back for consideration. They already have some in Town, but she asked if they want more. Once they are in Town they cannot get rid of them. Patrick Russo, Fountain Hills business owner, said that he agreed with everything being said, but he was there to speak about a different issue. There is a new business his building looks at, and he is surprised that the Town has allowed a warehouse to go into the middle of Town. They want to put their loading dock in the front of the building; he hoped they were not going to allow them to do that. He is concerned with safety in having semis turning around and coming in and out when fairs are going on. Ed Stizza, Fountain Hills, said that it was fantastic to see everyone there, but he was Town Council Regular Meeting of June 1, 2021 7 of 16 there to talk about the crosswalk (Desert Vista). The turnout shows that it would be nice to have a public forum. He also mentioned the new panhandling sign at Saguaro and Shea, and asked if it was in the right of way. Councilmember Friedel said that in response to comments made during the Call to the Public, he would like to request 1) staff look into the loading dock issue; 2) staff look at the height of the lights at the Desert Vista crosswalk and see if they need to be baffled; and 3) if there was any type of direction they could give regarding changes to the sign ordinance. Mr. Miller noted that the codes require shields on lights at all intersections, not just because of the dark sky ordinance, but to keep lights from bothering the neighbors. MOVED BY Vice Mayor David Spelich to rescind the vote on the sign ordinance. Mr. Arnson said that the item is not on the agenda to be voted on. Vice Mayor Spelich said that according to Parliamentary Procedure it did not need to be. Mr. Arnson said that based on Arizona's Open Meeting Law, it must be a separate item on the agenda for action to be taken. Mayor Dickey said that is so that anyone wishing to speak on a specific issue would know when it was on the agenda, so they could be present or submit comments. 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 Sharron Grzybowski, SECONDED BY Councilmember Mike Scharnow to approve the Consent Agenda Item 7-A. Vote: 7 - 0 Passed - Unanimously A break was held from 7:02 p.m. to 7:10 p.m. A. CONSIDERATION OF approving the meeting minutes of the Regular Meeting of April 20, 2021, the Regular Meeting of May 4, 2021, and the Regular Meeting of May 18, 2021. 8. REGULAR AGENDA A. PUBLIC HEARING regarding Resolution 2021-14, approving the Final Budget for the Town of Fountain Hills for the fiscal year beginning July 1, 2021, and ending June 30, 2022. CONSIDERATION of Resolution 2021-14 of the Mayor and Council of the Town of Fountain Hills, Arizona, approving the Final Budget for the Town of Fountain Hills for the fiscal year beginning July 1, 2021, and ending June 30, 2022. Town Council Regular Meeting of June 1, 2021 8of16 Mayor Dickey opened the Public Hearing. Mr. Miller stated that the Town Council adopted the Tentative Budget back in May, which is the work plan for the next year. He noted that the process began with a Council Retreat, several Council workshops, a public open house, and then Tentative Budget adoption in May. Finance Director David Pock said that the action taken tonight is to get the Final Budget adopted and also the Budget Implementation Plan. He reported that the TPT collections for last month were the highest ever for a month in collections. Typically, April's are higher, but they did have a good month, mostly due to restaurants and bars coming back as well as services. He said that with last month's numbers, the Town reached their budget numbers; the remaining three months' revenue will be the gravy. He then gave a brief PowerPoint presentation which addressed: FY22 FINAL BUDGET FY22 GENERAL FUND REVENUES FY22 GENERAL FUND EXPENDITURES FTE'S CAPITAL PROJECTS AMERICAN RESCUE PLAN He said that originally staff thought that the Town would be receiving just over $3 million each year for the next two years, or $6 million; however, they received an e-mail from the Department of Treasury today indicating that the Town is scheduled for $8.4 million over those two years. He said that the State is going to be doing a webinar on Friday to walk staff through the process. RECOMMENDED USES POTENTIAL USES Mayor Dickey closed the Public Hearing and recessed the Regular Meeting into a Special Meeting. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Peggy McMahon to adopt Resolution 2021-43. Vote: 7 - 0 Passed - Unanimously The Special Meeting adjourned and the Town Council reconvened into the Regular Meeting. B. CONSIDERATION OF Resolution 2021-15 adopting and establishing the 2021-22 Budget Implementation Policy and approving the Town Organization Charts, the FY 2021-22 Pay Plans, the Schedule of Authorized Positions, and the updated Employee Job Descriptions. Town Council Regular Meeting of June 1, 2021 9 of 16 Mr. Pock explained that this was the implementation memo that outlines the administration of the budget. Councilmember Magazine said that he would like to address the second part of the resolution, regarding the Town Organization Chart and pay plans. He said that many years ago he sat next to the Chairman of a very large food company on a flight and asked him what the secret was to his success. He was told that the number one job is choosing the right people. Councilmember Magazine said that he does not know all the staff, but he has witnessed the dedication of department heads and others that do not get enough credit. He is constantly impressed by the people and their dedication, they are uniformly outstanding and bright, committed, responsive to the Town Council and residents. The Council needs to not take them for granted. He said that he could not speak highly enough for the quality of the Town staff. Mr. Miller thanked Councilmember Magazine for his comments and said that he would be glad to convey that message to the staff. He added that they have a great team. With regard to the budget implementation plan, he noted that when he was out the last few weeks, for some reason the corrected organizational chart for Public Works and the respective job descriptions did not get in the final packet. The only change, as indicated on the items placed on the dais, is that the Town Engineer will now have supervisory authority over the Assistant Town Engineer. Mayor Dickey thanked Councilmember Magazine for his comments related to staff. She appreciated their responses, always giving clear answers that help her respond to constituents. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Peggy McMahon to adopt Resolutioin 2021-15 (with the corrected attachments presented). Vote: 7 - 0 Passed - Unanimously C. CONSIDERATION OF Professional Services Agreement 2021-051 with Heinfeld, Meech & Co. for annual financial auditing services for FY21-25 with a total not -to -exceed amount of $198,695. Mr. Pock said that the Town is required by Arizona Revised Statutes to request proposals every five years for auditing services to ensure that the Town is receiving the best service for the best price. In March, staff received five responses. Staff graded those and invited two to come back in for an oral interview. After that, it came down to the same two firms as last time, and they decided that Heinfeld, Meech & Co. deserved another five-year contract. They are familiar with Town processes and the Town has been working on efficiencies that they have built in. Mr. Miller noted that the $198,000 is over the course of five years. It is slightly inflated as they never know if they are going to need a single audit. Town Council Regular Meeting of June 1, 2021 10 of 16 MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Mike Scharnow to approve Professional Services Agreement 2021-051 with Heinfeld, Meech & Co., P.C. for annual financial auditing services for fiscal years 2021 through 2025.to approve Professional Services Agreement 2021-051 with Heinfeld, Meech & Co., P.C. for annual financial auditing services for fiscal years 2021 through 2025.to approve Professional Services Agreement 2021-051 with Heinfeld, Meech & Co., P.C. for annual financial auditing services for fiscal years 2021 through 2025. Vote: 7 - 0 Passed - Unanimously D. CONSIDERATION OF Ordinance 21-08 amending Section 7-1-2 of the Town Code to provide a local amendment to the adopted 1997 Uniform Code for the Abatement of Dangerous Buildings by adding an additional definition. Mr. Wesley said that staff was given direction by the Town Council to address the issue of construction that has started but never been completed. Staff knows of five or six areas where this has occurred. In reviewing the 1997 Uniform Code for Abatement of Dangerous Buildings, they found that if they went into the definitions and added one more definition, they could address this issue. He said that staff was proposing a two-year period; however, that decision was up to the Council to determine. He said that staff would reach out to a property owner or developer, remind them of the time frame and reference the code requirement, and let them know that they must either take action or the Town would. If they were not agreeable with action taken by the Town, they could appeal it to the Board of Adjustment. Councilmember Magazine said that he was concerned with the term "dangerous." Mr. Wesley said that if something is determined as life -threatening the Building Official has the ability to step in. He said that once the Council takes action, staff will reach out to the property owners of the existing unfinished projects, provide them a period of time to start doing something, and if they do not, the Town will start a formal process. Councilmember McMahon said that she believed that two years was too long of a period. Mr. Wesley said that the Town would probably start with billing, but if it is not corrected, they may end up having to lien the property. Councilmember Scharnow agreed that two years was too long, and asked if a standard single-family building permit was good for a one-year period. Mr. Wesley said that it is usually six months, but it continues as long as they continue to do work within that time frame. He said that this was industry standard. Councilmember Scharnow asked if this would address something like the old Taco Bell building that caught on fire and was fenced off. Mr. Miller said that with that particular case, his understanding is that it is structurally sound; it has not been condemned. The issue of safety is with people breaking in. Mayor Dickey asked why this would not address that issue. Mr. Wesley said that he would need to speak to the building officials. They were specifically looking at new construction. A different situation with existing buildings would have other codes that apply. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan Magazine to adopt Ordinance 21-08, with the change from two years to one year. Vote: 7 - 0 Passed - Unanimously Town Council Regular Meeting of June 1, 2021 11 of 16 E. CONSIDERATION OF approving Amendment No. 1 to Cooperative Purchasing Agreement 2021-002 with Sanderson Ford for the purchase of one new light duty truck. Mr. Weldy said that this request is to purchase a new fire marshal vehicle. He said that everything is in alignment with the Town's procurement and vehicle replacement policy. The only difference between this and others is the color. The existing vehicle has reached its ten-year life, and while it is in relatively good condition, it is subject to failures. Councilmember Friedel noted that 20% of the unit was for upgrades. Mr. Weldy said that the firefighters take incredible care of the Town's vehicles. Councilmember McMahon asked what would be done with the old vehicle. Mr. Weldy said that it would go into stand-by mode, and the one currently in stand-by will go out to auction. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Gerry Friedel to approve Amendment No. 1 to Cooperative Purchasing Agreement 2021-002 with Sanderson Ford for the purchase of one new light duty truck in the amount of $44,511.70 . Vote: 7 - 0 Passed - Unanimously F. CONSIDERATION OF approval of Contract 2021-050, Third Amendment to contract with Verizon Wireless for a wireless facility lease at Shea and Palisades. Mr. Weldy said that the Town actually has leases on several pieces of property to wireless companies. This is for a renewal of an existing agreement on the northwest corner of Palisades and Shea. The traffic signal pole has a wireless antenna array, and just west of the site is a backup generator and site operation center. He said that staff and Verizon Wireless went back and forth and this is what Verizon Wireless offered. Currently, rent is $1,512/month; the new agreement is $1,665/mo for the first 5 years; the second renewal goes to $1,830/month, and the third renewal goes to $2,015/month. He said that Verizon Wireless will continue to make upgrades to their array to ensure that they are competitive. If the change is substantial, staff will be back to the Council to receive guidance. Councilmember Magazine asked if any other company piggybacks with this. Mr. Weldy said that there is not a co -location agreement at this site. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Gerry Friedel to approve Contract 2021-050. Vote: 7 - 0 Passed - Unanimously G. CONSIDERATION OF Contract 2021-048 with PlaySpace Design, Inc. for Fountain Park Playground Equipment and Splash Pad Remodel. Town Council Regular Meeting of June 1, 2021 12 of 16 Community Services Director Rachael Goodwin thanked the Council for adopting the budget, as within that they authorized the CIP which includes this project. She then gave a brief PowerPoint presentation which addressed: FOUNTAIN PARK PLAYGROUND AND SPLASH PAD She showed a picture of the existing equipment and what the new equipment will look like. She said that using the upgraded system will allow them to do better preventative maintenance as they can remove parts without having to bust concrete. The life expectancy is 10-12 years, and they have surpassed that time on the old equipment. RENOVATIONS Ms. Goodwin said that there are a number of new products that have come out since the old equipment was put in, that has slip and fall protections, can withstand the desert sun, and longevity. Councilmember Friedel asked who polices where the kids go. Ms. Goodwin said that they police themselves. She said that they do not intend to take this project on until October, as they wanted to close at the end of the season, but they would like to get the order submitted soon. TIMELINE AND BUDGET Ms. Goodwin showed a short video of what the equipment will look like. Councilmember Fridel asked if it was something they could share on the Town's website. Ms. Goodwin replied that it was. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Peggy McMahon to approve Contract 2021-48 with PlaySpace Design, Inc for the replacement of playground equipment and splash pad in Fountain Park for an amount not -to -exceed $1,200,000. Vote: 7 - 0 Passed - Unanimously H. CONSIDERATION OF applying for the biannual Arizona Sports and Tourism Authority grant. Ms. Goodwin said that they have applied for this particular grant a number of times, using it for redoing the tennis courts and adding a basketball court at Four Peaks Park. She said that this grant comes open every two years. The odd year is the application, and the even year is when the project is done. It is now time to apply. She said that this year they would like to go back and ask for a new project. She said that this is funded through the car rental tax. They will be proposing to add lights to the skate park, since the Arizona Tourism Authority is specific to youth outdoor activity. She said that they have asked for this before, but staff believes that with the improvements made at the park, they stand a better chance. She said that without lighting at this amenity, it renders it unusable during the peak time. She said that this project is programmed into the CIP for the Town's half of the project, with $75,000 from the Town and the ask would be $75,000. Town Council Regular Meeting of June 1, 2021 13 of 16 MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Mike Scharnow to authorize a grant application for the Arizona Sports and Tourism Authority Grant for skate park lighting at Desert Vista Skate Park and authorize the grant acceptance and all steps necessary to implement if awarded the grant. Vote: 7 - 0 Passed - Unanimously CONSIDERATION of applying for an Arizona Parks and Trails Grant Ms. Goodwin said that this is a new grant, and was found by members of the Community Services Advisory Commission who has a group that looks for grants. This is for a new bathroom to be located at Four Peaks Park, adjacent to the new playground space. There is one bathroom at this park now, but it is on the other end of the park. She said that there is evidence that there was a restroom there when the school was operating, so they believe the infrastructure is in place. She said that they would do further research and, if appropriate, would like to apply. It is a longer grant cycle. Applications are submitted this fall, but they would not know until next Spring. MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Alan Magazine to authorize a grant application to Arizona State Parks and Trails and authorize the grant acceptance and all steps necessary to implement if awarded the grant for the addition of a restroom at Four Peaks Park. Vote: 7 - 0 Passed - Unanimously CONSIDERATION OF Resolution 2021-19 adopting the Community Services Parks, Recreation and Trails Master Plan Ms. Goodwin gave a PowerPoint presentation on the new Community Services Parks, Recreation and Trails Master Plan that addressed: COMMUNITY SERVICES PARKS, TRAILS, AND RECREATION MASTER PLAN What is a Master Plan? How was the Master Plan Developed? Added: Botanical Garden NEXT STEPS FOR THE MASTER PLAN Councilmember Scharnow thanked staff, noting that he read through it quickly again after the packet was sent out, and although he does not agree with all the objectives, he appreciated the slide at the end that explained it is a blueprint. Mayor Dickey said that she liked the connection to the Strategic Plan. She talked with members of the Strategic Planning Advisory Commission and Vision Fountain Hills, and several of the objectives are related to that, while others are not. She said that it is flexible, and it is a blueprint. She said that she read back through the minutes of when it first came to Council and a lot of what was discussed at that meeting was incorporated into this document. She said that she is hoping they can go back, with the success of the recent Thursday live shows on the Avenue, and perhaps a First Friday concept. Town Council Regular Meeting of June 1, 2021 14 of 16 Councilmember Grzybowski said that one thing she wanted to mention was that, yes it is a guide and not binding, but when they had the presentation the consultant addressed that it was "big picture," and it would be a great guideline as Community Services is coming up with a pathway; that is the entire purpose in this. MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Sharron Grzybowski to adopt Resolution 2021-19 for the Community Services Parks, Recreation, and Trails Master Plan Vote: 7 - 0 Passed - Unanimously K. CONSIDERATION OF authorizing the Town Manager, or his designee, to apply for, accept, and/or receive American Rescue Plan grant funds, passed through the State of Arizona, and to make the necessary FY22 budget transfers. Mr. Pock said that they they are holding an informational meeting on Friday, and he is anticipating it to be the same type of application as before. It has to be submitted by July 1. Mr. Miller reminded the Town Council that they did talk about this previously, and staff will come back to the Council in September with a work session or agenda item with potential uses, but the real critical piece is Council's approval tonight to move forward. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Peggy McMahon to authorize the Town Manager, or his designee, to apply for, accept, and/or receive American Rescue Plan grant funds and to make the necessary FY22 budget transfers. Vote: 7 - 0 Passed - Unanimously L. 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, as mentioned earlier, that the House and Senate have taken a break prior to the holiday weekend. It sounds like it is possible that the flat tax may or may not be passed. Nick Ponder has done a good job. Based on what he has heard from Nick and the League staff, all the vigilance has paid off, but they may have to ask the Council to do more. And, he thanked Councilmembers for what they did on their own. 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. Town Council Regular Meeting of June 1, 2021 15 of 16 Vice Mayor Spelich said that before they close, he would implore that those who voted for the sign ordinance consider how it will negatively affect businesses. It is not a threat, but if it stands as adopted, it will go to a referendum. It will be Daybreak Part II. He said that he is willing to be flexible; they need to put their heads together. Councilmember Magazine said that he does not have his feet in cement. He keeps hearing that they need to compromise, but he has not heard anything. Putting this on the agenda for the next meeting is not the right time. Councilmember Friedel said that maybe if it was on the agenda they could find a way to delay, and do it the right way. He said that they are all about shopping local and there are a lot of businesses struggling in Town. These are families in a lot of the businesses. They need to find a way to get input and do it the right way. Mayor Dickey said that they should wait and let staff get back with them after their meetings. They cannot debate this right now. She thanked Dave Trimble for filling in for Grady, and welcomed Grady back. 10. ADJOURNMENT MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Alan Magazine to adjourn. Vote: 7 - 0 Passed - Unanimously The Regular Meeting of the Fountain Hills Town Council held June 1, 2021, adjourned at 8:28 p.m. TOWN OF FOUNTAIN HILLS D 'JJ-1-VZ Gin Dickey, Mayor ATTEST AND PREPARED BY: Eliabet lean, Town Clerk 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 1 st day of June, 2021. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of June, 2021. a LIE-abe-t'Fi lein, Town Clerk