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HomeMy WebLinkAbout2021.0615.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 15, 2021 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called to order the meeting of the Fountain Hills Town Council held June 15, 2021, at 5:30 p.m. She then 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 Peggy McMahon; Councilmember Gerry Friedel; Councilmember Alan Magazine; Councilmember Sharron Grzybowski Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Present: Clerk Elizabeth A. Klein 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Councilmember McMahon reported that she attended a session put on by MAG on Homelessness and learned how many available services there were. She said that it was emphasized that they need to work together, regionally, and optimize solutions. Now is the time to be asking for money from the CARES funding, and they need to be educating each other, and the community, on the need to implement this plan. Councilmember Friedel said that he attended the Flag Day Ceremony held yesterday. He also reported that he had called Mr. Weldy regarding a few road hazards, and he was happy to see that his department got right on them. Councilmember Scharnow said that he, too, has called a few times to Mr. Weldy, and they are always prompt. He said that he also attended a Traffic and Pedestrian Safety Committee meeting, reviewing traffic issues in Town. He said that a couple of them will be coming before Council. The meeting was fruitful and informative. He reported that back in 2019 he, along with Councilmember Sherry Leckrone, and others started planning for Fountain Hills Cares, but everything got hijacked with COVID-19. The idea was to have a forum with four to six different speakers that would address social issues such as drugs, suicide, homelessness, race relations, etc. They have now restarted the planning and have selected the date of Saturday, October 30, 2021, at the Community Center. Town Council Regular Meeting of June 15, 2021 2 of 14 Councilmember Grzybowski said that because of her trip to Virginia, she has not attended much, but she did do the call-in for legislative/budget talks. She said that many of their legislators understand that the budget presented may be problematic at the municipal level. Mayor Dickey reported that she and Rachael Goodwin presented to the Rotary Club to discuss community services, tourism and economic development activities. Tomorrow she will be on a panel for GPEC Mayors to address economic development and how COVID-19 affected different cities. Mayor Dickey reported that beginning July 2021, Alan Magazine would become Vice Mayor and serve eight months, according to the adopted policy. She thanked Vice Mayor Spelich for his service as Vice Mayor. A. RECOGNITION OF Stellar Students of the Month for April and May 2021 Mayor Dickey said that this was the continuation from the last meeting for recognizing the Stellar Students of the Month for April and May 2021. She then read the following names and invited those present to come forward and receive a Certificate. A group photo was then taken. April Stellar Students of the Month: Carson Adams McDowell Mountain Elementary School Lillian Centofante McDowell Mountain Elementary School Christian Coffman Fountain Hills Middle School Aaliyah Delgado Fountain Hills Middle School Zach Gratton Fountain Hills High School Elizabeth Franzone Fountain Hills High School May Stellar Students of the Month: Adison Shroyer McDowell Mountain Elementary School Jonah Maroon McDowell Mountain Elementary School Elan Hagerty Fountain Hills Middle School Josiah Beasley Fountain Hills Middle School Alexandria Penick Fountain Hills High School Karsten Andrew Fountain Hills High School B. Town Manager Report on the Recently Adopted Sign Ordinance. Mr. Miller said that on May 18, 2021, the Town Council adopted the Sign Ordinance, and since then they have heard from a number of residents. At the June 1, 2021, Council Meeting residents urged the Council to rescind the ordinance or do something to help the businesses that would be impacted by the changes. After that staff had already had meetings set up internally to look at the biggest contention, which was the small business owners whose temporary signs would not be allowed. He then asked the Development Services Director, John Wesley, to go through a presentation that shows what businesses would actually be impacted and how many will still have property available on which to place a temporary sign. Mr. Miller said that they also had a second meeting with SAAR (Scottsdale Area Town Council Regular Meeting of June 15, 2021 3 of 14 Association of Realtors) which encompasses Fountain Hills. He said that later in the meeting they will be discussing the potential delay in implementation of the temporary sign portion of the ordinance. Mr. Wesley then reviewed the various commercial properties around town. Mr. Miller added that Chamber Director Betsy LaVoie was also at the SAAR meeting and offered to help the Town do outreach. He said that as was demonstrated, a lot of the businesses can continue to do what they have been doing. In other cases, they will work on ideas that came out of those meetings and possibly carve out some exceptions. He said that he believed they will get to the middle ground with input from businesses, realtors, and Town Council, to comply with Reed v. Gilbert. They will be working over the summer on this issue. Mayor Dickey thanked staff for all of their work and Ms. LaVoie and others that met with them. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION from EPCOR regarding the recent Water Shortage Declaration Mr. Miller said that this request for a presentation came from Councilmember McMahon who was concerned with the high-profile news recently about water shortages. He then introduced Chad Guzman, Government Relations Director with EPCOR. Mr. Guzman then introduced Frank Metzler, Director of Operations, and Doug Dunham, Manager of Water Resources. Mr. Guzman noted that Mr. Dunham participated with the Governor's Office on drought contingency planning and has several decades in water resources. He added that Mr. Dunham was also a resident of Fountain Hills. Mr. Metzler began a PowerPoint presentation (attached as Exhibit A), noting that they have been working on this issue since they got out of college. Things are not as grim as they seem with the media. CHAPARRAL WATER SYSTEM He said that the majority of water comes off of the Central Arizona Project, the Shea Surface Water Treatment Plant, Well 10 by the Fire Station on Palisades and near the Saguaro Golf Course. CHAPARRAL WATER SYSTEM PRODUCTION CAPACITY CHAPARRAL WATER SYSTEM DEMANDS Councilmember Magazine asked what they were doing to educate the media that things are not as grim as they appear. Mr. Metzler said that they can be complicated, technical issues. Some people who are talking about this issue have not armed themselves with all the facts. He said that he is not making light of the drought in the Colorado River Basin, but they anticipated this a long time ago. Councilmember Magazine said that what they presented tonight was not technical; they should let the press share that information with the public. Mr. Metzler said that he would be happy to work with the local media. Town Council Regular Meeting of June 15, 2021 4 of 14 Councilmember Magazine asked where the Town stood if there was to be a wildfire. Mr. Metzler said that they stand ready to provide assistance to internal and external fire stations. He said that the fire hydrants and pressure they maintain is coordinated with developers and the Fire Department to provide minimum fire flow volumes. With wildfires, it gets more complicated. They can make up to 20 million gallons (mg) a day to help suppress fires. Councilmember Scharnow said that with wildfires it is not like they are tapping into hydrants. They are using helicopters dipping into lakes, dropping fire retardants, etc. He asked what it would take to get Wells 8 and 9 up and running. Mr. Metzler said that Mr. Dunham, through his coordination with ADWR, is constantly updating modeling levels in the river, Lake Mead, etc. He said that if the drought continues all of those things work together, state government and companies, and 12 months is not a huge amount of time. Councilmember Scharnow asked if they were sure that Wells 8 and 9 were still viable. Mr. Metzler said that Wells 8 and 9 were drilled at the same time as 10 and 11, but they do not have the needed equipment. It would be millions of dollars that would go into the rate base. Councilmember Scharnow said that he was reading about a new consortium of golf courses pushing back with the state. Most of the courses in Town use a combination of effluent and potable, and he asked how they would be affected. Mr. Metzler said that is a politically sensitive question, but the golf courses in Fountain Hills do not rely on their potable water. Councilmember Friedel said that he was on a call three weeks ago and it was stated that Maricopa County is more prepared than any western city, with a 10-year supply of water. He thinks they are well prepared. Councilmember McMahon asked about the time frame, noting that with climate change and a high level of heat, she wondered how often they visit the numbers. Mr. Dunham, Fountain Hills resident for 26 years, said that he used to be the legislative liaison for the Arizona Department of Water Resources, and they visit them all the time. He then continued the PowerPoint. INTRODUCING EPCOR Largest private utility in the southwest region of the United States SOURCES OF WATER IN ARIZONA This is not something new; they continue to plan to ensure it is manageable. The growing source of water is reclaimed. ARIZONA'S WATER MANAGEMENT SUCCESS Mr. Dunham said that residents currently use one percent less than the amount of water used in 1957, due to conservation efforts. Arizona has chosen to do conservation behind the scenes, and allow the water companies to determine how to conserve rather than having the State dictate the method. GROUNDWATER MANAGEMENT ACT (1980) WATER MANAGEMENT IN AMA'S Town Council Regular Meeting of June 15, 2021 5 of 14 UNDERGROUND STORAGE AND RECOVERY AWBA CAP PRIORITIES CONSERVATION PROGRAM LOWER BAIN DROUGHT CONTINGENCY PLAN PROBABILITIES OF SHORTAGE BASED ON BUREAU OF RECLAMATION CROSS MODEL RUN 4/21 USING FULL HYDROLOGY AND STRESS TEST HYDROLOGY EPCOR SPECIFIC DROUGHT PLANNING CHAPARRAL CITY WATER COMPANY BY THE NUMBERS Councilmember Scharnow asked if the 1957 comparison slide was due to development taking over the agriculture land. Mr. Dunham said that is a large component. Acres of houses use less than half the water of agriculture. He said that the City of Phoenix is using the same volume of water that they have used for the last 20 years, as well as Tucson. Councilmember Friedel asked, with California drawing from Lake Mead, what impact desalinization has. Mr. Dunham said that the technologies for desalinization have greatly improved. Energy is going down and filtering is much better. It is not much more expensive than water treatment. He said that California is pursing additional desalinization along their coast, with a large plant in San Diego. He said that Arizona and Sonora, Mexico are working on a plant near the Sea of Cortez. It would be a joint project of the federal government and two states. He suspected that it would be a project in the Regional Program in the next 20-30 years. Councilmember Magazine asked if it would be correct to call their presentation a "good news story." He said that they have a real obligation to sit down with the media and share the facts, but a lot of the press does not like good news stories. He said that he finds this information stunning, and he is pleasantly surprised. Mr. Guzman said that their Public Affairs and Media Relations are doing the work to arm the media and stakeholders with facts. They are one voice of a chorus, but they are committed to doing their part. Mayor Dickey said that there are parts of the state that have more issues. She asked if they were still looking at desalinization in Yuma. Mr. Dunham said that the primary job in Yuma was to lower the saline content of the lower Colorado River as required in the 1944 Treaty. He said that it only runs a few times in recent years, and it is not manufactured anymore. He said that California is looking for possible desalinization sites. The saline management program has been pretty successful. If the drought continues, it might be worth it to buy that supply to offset some of the demands. Mayor Dickey asked if Gila County still had restrictions on home building. Mr. Dunham said that he did not know specific systems. Mayor Dickey said that some of those areas have had developers looking at different ways of using water. She said that it sounds like they are well taken care of, and they were happy to have them come and give the information. Town Council Regular Meeting of June 15, 2021 6 of 14 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. Ed Stizza, Fountain Hills, said that it was nice to see people working on details of the Sign Ordinance. He did not think that the Town Council had all the information needed when they made their decision on the Saguaro Crosswalk. It seemed that if they could table that item it would be a great idea as someone is going to get hurt. It would be nice if they had conversations with the neighbors, just like with the signage. He said that the dark skies are going to be blown with the lights on all through the night. He wished everyone a great summer. 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 Sharron Grzybowski to approve Consent Agenda items 7-A through 7-G. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION OF approving the minutes of the Special Meeting of May 11, 2021; the Special Meeting of May 18, 2021; and the Regular Meeting of June 1, 2021. B. CONSIDERATION OF Resolution 2021-16 approving the designation of Chief Fiscal Officer of the Town of Fountain Hills. C. CONSIDERATION OF authorizing staff to apply for and accept grant funding from the Arizona Office of Tourism to support marketing and promotion initiatives in Fountain Hills. D. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Chamber of Commerce for a beer garden in conjunction with the Oktoberfest event to be held on September 24, 25, 2021. E. CONSIDERATION OF approving budget transfers for the Capital Fund and Tourism Fund. F. CONSIDERATION OF Resolution 2021-20 approving an amended Intergovernmental Agreement with Maricopa County Library District Town Council Regular Meeting of June 15, 2021 7 of 14 G. CONSIDERATION OF a Public Services Agreement with the Lunsford Group, LLC, for government relations and lobbying services. 8. REGULAR AGENDA A. CONSIDERATION OF delaying implementation of the recently adopted sign ordinance relating to temporary signs. Mr. Miller said that staff believed that delaying implementation of the temporary signs portion of the Sign Ordinance is a positive action. They will work with the business and real estate communities and try to find some balance. The rest of the ordinance will be fully implemented after its effective date of July 16, 2021. They will work through the Planning and Zoning Commission, hold public hearings, and then bring something back for Town Council consideration. Councilmember McMahon asked what the time frame was they were anticipating. Mr. Wesley said that they hope to have something for the Commission's consideration by September and then bring it to the Town Council in October. Councilmember Magazine said that he wanted to thank the Town Council members and staff who participated in the meetings with the Chamber and real estate community. As one of the majority that voted in support of the overall ordinance, it sounds like there are reasonable compromises and, hopefully, they will satisfy all parties. Councilmember Scharnow said that he was somewhat confused with the last bullet of the staff summary. Mr. Miller said that was the original plan to bring it back to Council first, but in talking with the Mayor and considering the logistics, that would add additional time and it seemed like the Town Council wanted to move forward quickly, so it will go to the Commission first. Councilmember Scharnow said that he has been disappointed with the overreaction; the impact to businesses has been a lot less than anticipated by the public. He said that he was not in on the realtor/Chamber meetings, and he is curious to see what comes back in the form of potential compromises. He said that the Council held four meetings on the subject before the final vote; nothing was done behind closed doors, and he resents any implication that it is what happened. He said that the Town Council is not power hungry or exerting their authority over anyone. He is willing to look at a compromise, but he is not inclined to go back to the way things were. Vice Mayor Spelich said that he applauds the backlash; it was deserved. It was a poorly-conceived plan, and in two days Councilmember Friedel walked businesses and hit over 25 of them. He thanked the business community for stepping up, and for Councilmember Friedel's initiative to go out. Councilmember Grzybowski said that she agreed with both of them. While she liked the backlash, she did not like the name-calling and accusations. She has talked with a few business-owner friends. It is public on the Town's website. She has a lot going on and cannot call every business. She apologized to those that did not look at the agenda, but they need to take some responsibility. They held four meetings on the issue; it was not behind the scenes and was all posted online. She said that as a business owner, it is hard to stay on top of her own things, but that is why it is published, to get the word out. Town Council Regular Meeting of June 15, 2021 8 of 14 Councilmember Friedel said that he thought they all found out something. It will affect some businesses; they did not know. He was glad that the people got involved. Mayor Dickey said that they did not do anything behind closed doors. It has been in the works for four years. They knew the current code was not in line with the Supreme Court decision. They had several meetings and after Planning and Zoning everyone knew. The first meeting was the best chance to speak. She said that she would not agree that she learned about businesses that would be impacted. She knew that some would be, but from Day One she talked about permitting and allowing for exceptions to address them. She believed they were very well prepared; now, they will try to help. She said that while they are reviewing this, there are still safety measures in place. Signs will not be allowed on sidewalks and in the medians. Also, political signs are governed by state law. She said that a-frame signs, temporary signs, have had to be renewed every two years by the Town Council; it was never something that was by right. In December of 2020, knowing that the sign ordinance was being worked on the Council did not take action, but rather it was determined that they would not be enforced until a new ordinance was considered. She said that there has been a lot of give and take on all sides, and to suggest that is not the case is not right. Councilmember Magazine said that he was annoyed by the continuing comment that the Chamber did a survey. He asked what they would expect the businesses to say. He said that they did the best they could, and people had a chance to voice their disapproval. Councilmember Scharnow said that it is only natural that any industry resist change in regulations. A lot of the auto makers resisted airbags. He has full faith and confidence in the business community that they will find ways to improve themselves. He said that in the winter they have a lot of seasonal residents going 20 miles per hour. To have them trying to read every sign along the road is not safe. Councilmember McMahon said that she agreed with the others. The Council acted responsibly, considering that the signs have been illegal the entire year of 2021. Betsy LaVoie, Chamber of Commerce, thanked the Council for putting this item on the agenda. She thanked them for delaying implementation and for meeting with the Chamber and Scottsdale Area Association of Realtors. She said that the reason that the people felt unrepresented is that from what came as a recommendation from the Planning and Zoning Commission to what was decided by the Town Council, it looked very different. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron Grzybowski to direct staff to administratively delay implementation of the temporary sign regulations until after an amended sign ordinance is adopted by the Town Council. Vote: 7 - 0 Passed - Unanimously Town Council Regular Meeting of June 15, 2021 9 of 14 B. CONSIDERATION OF Resolution 2021-18 adopting the Fountain Hills Active Transportation Plan. Mr. Miller said that the Town received a grant this year that paid for the Active Transportation Plan. Aaron Allen with J2 said that they have been working on this for a year, and he then reviewed a PowerPoint presentation which addressed: MEETINGS PROPOSED SIDEWALK LONG-RANGE PLAN PROPOSED BICYCLE ROUTES LONG RANGE PLAN OPPORTUNITIES IN THE TOWN MINOR ARTERIALS COST TEMPLATES SPECIFIC PRIORITY AREA COST MODELS SUGGESTED EVALUATION OF NEW BICYCLING LANE MARKINGS AT SELECT TOWN INTERSECTIONS SUGGESTED EVALUATION OF PEDESTRIAN SIGNALS AND SIGNAGE AT SELECT TOWN INTERSECTIONS SUGGESTED HANDOUTS AT TOWN EVENTS AND TOWN HALL RELATIVE TO SAFETY AND MULTI-USE Mayor Dickey thanked him and Mr. Wesley for their work. She said that they will be using this as they move forward and Prop 400 funding may come into play. MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Sharron Grzybowski to adopt Resolution 2021-18. Vote: 7 - 0 Passed - Unanimously C. CONSIDERATION OF a Special Use Permit to allow residential use of the second floor of an existing building in C-C, Common Commercial, zoned property at 16810 E. El Pueblo. Mr. Wesley said that this was a request from a citizen for a Special Use Permit at the commercial corner east of Fountain Hills Blvd. on El Pueblo. He said that this is for a two-story building where the new owner is proposing to have an office on the first floor and his residence on the second level. It has been through the Planning and Zoning Commission and they recommended approval with no external modifications being made. Councilmember McMahon asked how long this was for. Mr. Wesley said that the only condition is that they must pull a building permit within six months; once it is approved, it is good. Mr. Miller said that it was unique in that this building was built prior to incorporation and it was built for this type of use. MOVED BY Councilmember Gerry Friedel, SECONDED BY Vice Mayor David Spelich to approve the Special Use Permit to allow the second floor at 16810 E. Pueblo to be used as a dwelling unit. Vote: 7 - 0 Passed - Unanimously Town Council Regular Meeting of June 15, 2021 10 of 14 D. CONSIDERATION OF approving Amendment No. 2 to Cooperative Purchasing Agreement C2017-034 with Bel-Aire Mechanical. Public Works Director Justin Weldy said that this was for hardware and maintenance of the HVAC system at Town Hall, the Community Center and Library, for the chiller and all components. It allows them to maintain that equipment until they secure a more long-term solution. Mr. Miller said that the control systems that allow them to monitor and control heating and air conditioning can be done remotely, but right now it is no longer being supported after the end of this month. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Peggy McMahon to approve Amendment No. 2 to Cooperative Purchasing Agreement C2017-034 with Bel-Aire Mechanical in the amount of$70,000.00 and approve any necessary budget transfers. Vote: 7 - 0 Passed - Unanimously E. CONSIDERATION OF Amendment No. 1 to Cooperative Purchasing Agreement 2018-017 with Urban Energy Solutions, LLC Mr. Weldy said that this item was part of the last item, just a separate contract. MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Peggy McMahon to approve Amendment No. 1 to Cooperative Purchasing Agreement 2018-017 with Urban Energy Solutions, LLC in the amount of$50,000.00. Vote: 7 - 0 Passed - Unanimously F. CONSIDERATION OF Resolution 2021-22 approving amendment to the intergovernmental agreement with Maricopa County Animal Control. Mr. Miller said that recently they brought before Town Council an Intergovernmental Agreement with the Maricopa County Animal Control, and at that same time they were trying to get additional enforcement activities arranged. Community Services Director Rachael Goodwin said that the services are being expanded, adding the value of ten sweeps being held at the Town's request. An eight-hour shift will be dedicated to enforcing leash law and clean up laws. Following the seasonal residents they will plan for them in the spring and fall. Each day is $800, and with the next contract renewal they can adjust as needed. Councilmember Scharnow asked if they would have the authority to cite people. Mr. Miller replied that they would, under the Town's ordinances. Councilmember McMahon asked if this was for one year. Ms. Goodwin said that there is language that would allow them to renew the agreement, but if it needed to be amended it would come back to the Council. Town Council Regular Meeting of June 15, 2021 11 of 14 Vice Mayor Spelich asked if staff knew how many citations were issued last year. Mr. Miller said that Code Enforcement does not do citations for animal control; that is not typically something they would see. Vice Mayor Spelich suggested that they be at the forefront and grant them the authority to do so. Mr. Miller said that is not a typical norm, but he could look at it. Mayor Dickey said that she has heard from a lot of residents. They recently had to replace equipment because of animal pet waste. She thinks there will be some happy residents. Councilmember Scharnow said that years ago the Town used to do their own dog licensing, which is probably the cheapest way to go. Maybe for the next retreat, they could examine bringing it all back and seeing if it is viable to take it over. Mr. Miller said that the licensing fees they are collecting through Maricopa County go toward helping with the sheltering. He said that the County is going to be starting a new model. He said that when they first made the decision to bring it in house it had not been thought out. What they were collecting were offsetting the additional costs. It is important to look at this further, and he will try to have some additional information available for the Retreat. MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Alan Magazine to adopt Resolution 2021-22. Vote: 7 - 0 Passed - Unanimously G. CONSIDERATION OF approving Cooperative Purchasing Agreement 2021-058 with Level 3 Audio Visual, LLC. Ms. Goodwin said that hopefully this would be their last contract to secure for the renovations at the Community Center. This will help them move into compatible use and upgrade the equipment and have some bluetooth options. She said that the contract is with the same company that did the audio in the Chambers. It was vetted through the IT Department and they support this. Councilmember Friedel asked what the lifespan was of the equipment. Ms. Goodwin said that they are choosing something to have some longevity; hopefully they will get ten years out of it. MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Sharron Grzybowski to approve the Cooperative Purchase Agreement 2021-058 with Level 3 Audio Visual, LLC. in an amount not to exceed $119,936.47. Vote: 7 - 0 Passed - Unanimously Town Council Regular Meeting of June 15, 2021 12 of 14 H. CONSIDERATION OF accepting donated sculpture entitled, "Who Rescued Who," for display in Fountain Park. Ms. Goodwin said that this item was to discuss the donation of a public art piece. She said that Jenny Willigrod, representing the Public Art Committee, was on the phone should there be any questions. She said that the committee has reviewed and approved the piece. Ms. Goodwin said that the piece is called, "Who Rescued Who?" and is a 6.5 feet tall, limited edition, being donated by residents from Scottsdale. She said that it does take a number of months to create and authorization and approval would be required according to current protocol. The budget for the design, fabrication, and installation is $30,000. The cost to the Town would be approximately $130 a year for the insurance premium, as well as annual maintenance. She said that the plaque for the piece would be funded by the Public Art Fee. The balance in the fund is between $90,000 and $100,000, and staff was previously directed to keep a balance of$80,000 (two years of maintenance) in the fund so there is funding available for the plaque, but there is not as much available as one might think. The donor is contributing additional funding for the base and future maintenance. She said that the proposed location is near the newer restroom facility in Fountain Park. She said that the policy does say that the Town Council has to approve any new art. Ms. Willigrod said that the donor was also going to pay for the plaque as well. Ms. Goodwin said that the plaque is the standard format used on all pieces of art. Vice Mayor Spelich asked if staff or the committee had a long-term plan on how many pieces they were going to accept, especially around the fountain. He said that location is saturated with art pieces. After reviewing this further, he believed that the perfect location for this piece would be at the entrance to the dog park. Ms. Goodwin said that they are having trouble identifying locations for art. Ms. Willigrod looked at different sites. There is no master vision, but it may be a great project for the committee to look at. Ms. Willigrod said that the donor's desire was to have it located at Fountain Park and that was a condition of the donation. It would be a stand-alone piece. She said that the committee agrees with moving some of the art, and they are in the process of developing a master plan, but they need more input from the Council and staff. Councilmember Magazine said that he had the same reaction as the Vice Mayor, stating that he asked himself, "How many are too many?' He was happy to hear the comments of a master plan to come to the Council for discussion. Councilmember Friedel said that there is no art at Four Peaks Park, and others as well. Mr. Miller said that staff is hearing them loud and clear. The Council did adopt a Public Art Policy recently; perhaps once they all agree on the future placement of art pieces, it could be added as an appendix to that policy. He said that there is a component of the Public Art Policy for commercial and multi-family developments to dedicate either public art or contribute funding to the art fund. With the Havenly project they will be bringing Town Council Regular Meeting of June 15, 2021 13 of 14 back a proposed project after the summer break. Councilmember Scharnow said that he agreed with everything said. He had thought of the dog park as well, although there is no comparison in the amount of foot traffic. He said that his only other thought is that at one time in the history of the program there was an active, aggressive attempt to get more of these, but he does not think anyone is promoting that. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Gerry Friedel to accept the public art application for the sculpture "Who Rescued Who" and authorize it to be installed in Fountain Park. Vote: 7 - 0 Passed - Unanimously 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 reported that SB1146, auto dealers would not charge sales tax for vehicles going out of state, seems to be dead, which is good news. He said that the budget is stymied. It does appear that there may be some semblance of a flat tax, but elected officials and cities/towns have helped the legislators consider that impact. He said that several bills have been vetoed by the Governor, but there is always a chance of them coming back somehow. 9. REQUEST FOR INFORMATION FROM TOWN MANAGER The Council may(1)request the Town Manager to follow-up on matters presented at that meeting.and/or 2) a consensus of the Council may request the Town Manager to research a matter and report back to the Council. Mr. Miller reported that staff has met with Mr. Stizza a few times. They would be happy to share his points and their counterpoints, but they do not believe there is an issue. Councilmember Magazine said that the lighting would not affect the Dark Skies ordinance. Mr. Miller said that it is not unusual to have lights with shields, and they are also dark sky compliant. Mayor Dickey reminded everyone of Fabulous Fourth at the Fountain, on July 4, 2021, starting at 7:00 p.m. She wished everyone a safe and encouraging summer. She thanked the Council and staff for this past difficult year. She said that it would be good for them to all take some time off and have a good summer. Vice Mayor Spelich requested that when the Council returns, that they have the Finance Director or Town Manager give an update on the audit with Maricopa County Sheriffs Office. Town Council Regular Meeting of June 15, 2021 14 of 14 10. ADJOURNMENT MOVED BY Vice Mayor David Spelich, SECONDED BY Councilmember Alan Magazine to adjourn. Vote: 7 - 0 Passed - Unanimously The Regular Meeting of the Fountain Hills Town Council held June 15, 2021, adjourned at 7:48 p.m. TOWN OF FOUNTAIN HILLS r Gin Dicke , Mayor ATTEST AND PREPARED BY: izabet ein, Town ler 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 15th day of June, 2021. I further certify that the meeting was duly called and that a quorum was present. DATED this 17th day of August, 2021. lizab A. Klein, Town Cler