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HomeMy WebLinkAbout2021.0817.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 17, 2021 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the meeting 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 Alan Magazine; Councilmember Mike Scharnow; Councilmember Peggy McMahon; Councilmember Sharron Grzybowski; Councilmember Gerry Friedel; Councilmember David Spelich (telephonically) Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Present: Clerk Elizabeth A. Burke 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Town Manager Grady Miller reported that the Town had received 2.88 inches of rain last Friday. There were at least 12 homes with some level of water damage, and Town staff has gone out and looked at them. He said that most of the Town's assets have held up well with the rains, although there has been erosion in some washes, one of which exposed a sewer line. The Fountain Hills Sanitary District has been making repairs. Councilmember Scharnow reported that they plan to move forward with Fountain Hills Cares on October 30, with five topics ranging from opioid use to suicide, to race relations. With regard to the previous storm (Friday) he gave a "shout out" to Justin Weldy, Jeff Pierce, and the entire streets crew, as well as any others that helped. He said that they were out late Friday and Saturday and they did a good job cleaning up. Councilmember Grzybowski reported that she has attended many activities over the summer break, but she would report on three. First, she continued attending the legislative updates provided by the League of Arizona Cities and Towns. Second, she invited herself to an in-person meeting with representatives from the Chamber, the Scottsdale Area Association of Realtors and the Sign Association. Third, she got a personal tour through Desert Vista Park to learn about an exciting opportunity that she will talk about more at the next meeting, and it is due to the Town being a Gold Medal Finalist. Town Council Regular Meeting of August 17, 2021 2 of 11 Mayor Dickey reported that she attended the GPEC Certified Ambassador Event, a Mayors' Roundtable with Mayor Craig McFarland, City of Casa Grande, and Mayor David Ortega of the City of Scottsdale. They asked about Prop 400, COVID impacts, Legislature, communication and economic development. She attended two Maricopa Association of Governments (MAG) Regional Council meetings. She also welcomed residents and visitors to the Fourth of July celebration, and she thanked staff for all their hard work putting on a great event, as well as having the fountain purple for the Suns. She reported that she and the Town Manager had lunch with Linda Brady of Salt River Project, and she had a phone conversation with President Harvier (Salt River Pima-Maricopa Indian Community) and President Burnette (Fort McDowell Yavapai Nation). She also attended and read the Coast Guard's 243rd Birthday Proclamation at the Veteran's Memorial on August 4. Additionally, the National League of Cities held an Infrastructure Investment and Jobs Act call with the White House. A. REPORT: Update on Members of the Pavement Management Citizen Advisory Committee. Mr. Miller reported that to date he has received 13 applications from individuals interested in serving on the Pavement Management Citizen Advisory Committee. He said that they will be meeting in September and he will introduce the members to the Town Council. B. REPORT: Greater Phoenix Metropolitan Area Initiative on Broadband Mr. Miller said that he, along with Mayor Dickey and Mr. James Smith, have been addressing the Greater Phoenix Metropolitan Area Initiative on Broadband. He said that the Initiative is first addressing underserved areas in the Valley area. The hope is that future phases will include expanding broadband capabilities in the Fountain Hills area. C. PROCLAMATION: August as Child Support Awareness Month Mayor Dickey read a proclamation proclaiming August as Child Support Awareness Month. D. PROCLAMATION: Declaring September 1, 2021, as Second Responders Day. Mayor Dickey read a proclamation proclaiming September 1, 2021, as Second Responders Day. Town Council Regular Meeting of August 17, 2021 3 of 11 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. RECOGNITION OF Fountain Hills Finance Department for Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada. Mr. Miller said that this is the 25th year that the Town of Fountain Hills has received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada. He said that they have a team that looks at the Town's budget book and related documents for transparency, etc. He thanked Mr. Pock and Ms. Bogdan for their major accomplishments. Mr. Pock said that it is a team effort. Additionally, the Town has recently been participating in the Popular Annual Financial Report certification program. Vice Mayor Magazine congratulated them on their work. He asked if they look at things that could trick up the Town. Mr. Pock said that they have four pages of criteria. Next year, FY22, they have updated those with quite a few changes, the biggest of which is a segment on performance and strategic plan implementation throughout the organization. Councilmember Friedel thanked Mr. Pock and his staff for the job they do. He said that the Town is very fortunate to have 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. Crystal Cavanaugh and Larry Meyers, Fountain Hills residents, both addressed the Council on concerns with the text amendment regarding hospital definitions. Ed Stizza, Fountain Hills resident, said that he had concerns with the aesthetics of Fountain Hills. There is a development going on at the corner of Saguaro and Kingstree and there is no plan to make everything congruent. He is concerned with the detrimental lighting at the upcoming crosswalk on Saguaro that will ruin the Town's Dark Sky designation. 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. Town Council Regular Meeting of August 17, 2021 4 of 11 MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Sharron Grzybowski to approve Consent Agenda items 7-A through 7-M. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special Meeting of March 23, 2021; the Budget Workshop of April 13, 2021; the Special Work Session of May 11, 2021; and the Regular Meeting of June 15, 2021. B. CONSIDERATION AND POSSIBLE ACTION: Authorization of staff to apply for and accept grant funding in the anticipated amount of$30,000 from the Salt River Pima-Maricopa Indian Community to support marketing and promotion initiatives in Fountain Hills. C. CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the Capital Projects Fund, General Fund, and Downtown Development Fund. D. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of Liquor License Application for ZAB Thai Kitchen, located at 16720 E. Avenue of the Fountains Fountain Hills, Arizona, for a Series 12 (Restaurant) license. E. CONSIDERATION, AND POSSIBLE ACTION: Approval of Liquor License Application for Parkview Tap House, located at 16828 E. Parkview Ave Fountain Hills, Arizona, for an Extension of Premises/Patio Permit. F. CONSIDERATION AND POSSIBLE ACTION: Approval of Special Event Liquor License application for the Fearless Kitty Rescue for a wine garden in conjunction with the Fearless Kitty Rescue Fundraiser event on October 22, 2021. G. CONSIDERATION AND POSSIBLE ACTION: Approval of Special Event Liquor License application for the Sunset Kiwanis of Fountain Hills for a wine garden in conjunction with the Fountain Hills Fine Wine & Art Festival on March 3,4, and 5, 2022. H. CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-17, abandoning the 10' Public Utility and Drainage Easement at the rear of 14813 E. Cerro Alto Drive. I. CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-21, abandoning the 10' Public Utility and Drainage Easement along the southeast property line of 16140 N. Palo Verde Lane J. CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-23, abandoning the 10' Public Utility and Drainage Easement along the north and west property lines of 15826 E. Burro Drive. K. CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-24, abandoning the 10' Public Utility and Drainage Easement along the west property line of 17418 E. El Pueblo Boulevard. Town Council Regular Meeting of August 17, 2021 5 of 11 L. CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-25, abandoning the 10' Public Utility and Drainage Easement along the southeast property line and a portion of the 10' Public Utility and Drainage Easement along the southwest property line of 15133 E. Verbena Drive. M. CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-26, abandoning the 10' Public Utility and Drainage Easement along the south (rear) property line of 15151 E. Ridgeway Drive. 8. REGULAR AGENDA A. CONSIDERATION AND POSSIBLE ACTION: Approval of Amendment No. 1 to Professional Services Agreement 2020-071 with Wood Patel &Associates for engineering design services for phase II of the Panorama Drive storm drain. Public Works Director Justin Weldy said that Phase I of the Panorama Drive storm drain was completed under budget. This phase is in the wash south of El Lago where it is prone to standing and slow-flowing water from one or more springs in that area. This project will capture the water and move it downstream 600 feet to a pump that pushes it back to Fountain Lake. He said that this is just for the design of this phase. Staff will come back to the Council with the final design and engineer's estimate for the pipe, pump and electronics in an outlying capital year. Mayor Dickey thanked Mr. Weldy for including the budget sheet in the packet, noting that it was helpful. MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Mike Scharnow to approve Amendment No. 1 to Professional Services Agreement 2020-071 with Wood Patel &Associates for engineering design services for Phase II of the Panorama Drive storm drain in the amount of$79,900.00. Vote: 7 - 0 Passed - Unanimously B. CONSIDERATION AND POSSIBLE ACTION approving Amendment No. 1 to Job Order Master Agreement C2019-006C1 between the Town and Vincon Engineering Construction LLC, for construction of the Desert Vista crosswalk. Mr. Weldy said that they are approved for cooperative purchasing agreements that would allow a direct purchase of this equipment, but to ensure they were getting the best possible bid, they provided the same documents to all those with which the Town has a job order contract. They submitted their bids, and staff is recommending that they go forward with Vincon as the lowest responsive bid for this project. Councilmember Friedel said that they just heard from a resident that has concerns about the lighting. Mr. Weldy said that they will certainly ensure that the lights are shielded. He said that pedestrian and traffic safety is their priority, but they will be compliant with the Town Council Regular Meeting of August 17, 2021 6 of 11 Dark Sky Ordinance. Mr. Miller said that this will be dark sky compliant, although there are provisions in the Dark Sky Ordinance that have exceptions for pedestrian safety. This will be typical with the intersections with crosswalks where they have lights that are shielded. MOVED BY Councilmember Mike Scharnow, SECONDED BY Vice Mayor Alan Magazine to approve Amendment No. 1 to Job Order Master Agreement C2019-006C1 between the Town of Fountain Hills and Vincon Engineering Construction LLC, for construction of the Desert Vista crosswalk in the amount of$424,710, which includes a $38,610 for an Owner's Allowance, and any necessary budget transfers. Vote: 7 - 0 Passed - Unanimously C. CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-11, amending Section 11-1-7, Noise, of the Town Code. Development Services Director John Wesley gave a PowerPoint presentation which addressed: Section A- Purpose Section B - Definitions Section C - Standards Section D -Violations Section E - Unruly Gatherings Section I - Exemptions Recommendation He said that the Planning and Zoning Commission was not required to review this, but they had good discussion and there were some concerns of moving away from the decibels. He said that the Commission did not make a recommendation, but staff was recommending approval. Councilmember McMahon said that she previously sent an e-mail to Mr. Wesley with some questions and comments, suggesting that some of the definitions needed to be expanded and other terms defined. Additionally, she said that their fees are minimal compared to other communities and she would recommend increasing them. Councilmember Scharnow said that he would agree with raising the fines. He said that he was not understanding why this approach was better. Mr. Wesley said that he would have Captain Kratzer address that further. Councilmember Scharnow asked if, from the planning and development standpoint, it was possible to have both of the codes in there. He suggested that the definitions be expanded, as suggested, and they include the decibel approach and the proposed approach. Mr. Wesley said that the current code does actually allow for both. Vice Mayor Magazine said that he sent an e-mail yesterday to the Town Attorney, Town Manager and Mayor, concerned with terms such as "unnecessary, unusual, disturb the peace" and asked who was going to make those determinations. He asked how this verbiage compared with the language in other communities and whether it had been tested in other communities. Town Council Regular Meeting of August 17, 2021 7 of 11 Captain Kratzer said that they have had conversations about the existing verbiage, and they were attempting to make this more enforceable. Currently it states that an acceptable reading is 70 dec. or less and 50 dec. overnight. The questions include, "Who owns the decibel readers?Are they purchased by the Town and given to MCSO to use? Who maintains and calibrates them? Who maintains records?" He said that there is the need for deputy training. He said that these are not issues impossible to overcome, but they were trying to add other layers to address the problems that they did not have at this time. He said that another issue is that the deputy has to measure it from the location of where it is bothering someone, which could mean someone's bedroom. He said that with some of the Air B&Bs, they receive noise disturbance complaints, which could often be someone outside and the voices carry through the valleys, but do not show a high reading. With regard to the short-term rentals, they can warn the property owners, and when they tell the people to stop it usually stops, but the next weekend it starts all over again with new renters. Councilmember Grzybowski said that she agreed with both councilmembers. She said that they have some very subjective terms, and she would love to see the decibel reader included again. She said that there are some problems she is not sure of how to address. The only constant is the property owner; the property owner needs to be fined. She said that with the suggestion of raising the fines, she would recommend they have a tiered system. Councilmember Spelich said that he agreed; he does not believe the deputy is going to enforce it and giving them the discretion is a good thing. He said that he has had residents send him videos regarding Air B&B's, but they are worried about being the complainants. He said that he would be fine with the decibel being included again. Vice Mayor Magazine asked Captain Kratzer if they had compared the verbiage with that of other towns. Captain Kratzer said that he did not compare those, but he believed that Mr. Wesley did. Vice Mayor Magazine asked the Town Attorney if he would be comfortable having to defend someone cited because of an annoying noise. Mr. Arnson said that from reviewing past case law, including ordinances, these cases have been upheld, but whether they would be upheld in a specific instant he was not sure. He said that some are defensible. He said that the last time he went through this with the Maricopa County Sheriffs Office and County Attorney's Office, changes they made were directly concerned with the changes being suggested now. He said that he is a little concerned with what the County is looking for; he is hopeful this will address those concerns. Vice Mayor Magazine said that he did not want anyone to think he did not want a noise ordinance, and he he agree with increasing the fines. Councilmember Friedel asked how many calls for noise they received last year. Captain Kratzer said that he did not have those numbers with him, but he would guess around 100. Councilmember Friedel asked if he had any idea of how much 50 decibels would be. Captain Kratzer said that it could be the humming of an air conditioning unit, or a conversation in a restaurant. Councilmember Scharnow said that from a legal standpoint, it seems that it would be beneficial to have both components in the ordinance. Town Council Regular Meeting of August 17, 2021 8 of 11 Captain Kratzer said if that is the direction and the way it is written, it is not something they could not do. They could obtain the readers through purchasing, serialize them, etc.; solutions to that are not difficult to find. Mayor Dickey said that if this issue comes down to the short-term rentals, at their next meeting they will be talking about their Legislative Agenda, and they should continue to fight to get back the ability to regulate short-term rentals. Mr. Miller said that this was good discussion and they have received direction. Staff will go back to include the decibel levels in the ordinance, along with expanded definitions. D. PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance No. 21-02, establishing Section 2.08, Citizen Participation, in the Zoning Ordinance. Mayor Dickey opened the Public Hearing. Mr. Wesley apologized for forgetting the ordinance in the packet. He said that soon after coming to Fountain Hills from his previous communities, he found there was no prescribed process for applications coming through to require a public hearing. Councilmember Scharnow said that the Planning and Zoning Commission had some concerns, and asked if those modifications were incorporated into the proposed verbiage. Mr. Wesley replied that they were. Ed Stizza, Fountain Hills resident, said that this is great that they are considering this. It would be helpful for the public to be aware. He asked if the 300 feet would be the limit. Mr. Miller said that it would, but the meeting would be open to the public. Mr. Stizza said that the Special Use Permit at the corner of Kingstree and Saguaro includes aesthetics that do not fit into the area. He said that hopefully this will help bring that out into the public. Mr. Miller said that if property is already zoned correctly, they have a right to develop that property under that zoning, and this process would not impact that. Mr. Wesley said that he originally had a larger inclusion area, but the feeling was they did not want people from all over town, so they stayed with 300 feet, which is the distance required in Arizona Revised Statutes for notification of property owners. He said that the Town could have a bigger area. Vice Mayor Magazine said that he would like to have staff look at more than 300 feet. Mr. Wesley said that he believed that Mesa had a larger distance, possibly 600 feet. The Town Clerk read a public comment card received electronically from Liz Gildersleeve, Fountain Hills resident, in support of the proposed change. Mayor Dickey continue the Public Hearing to the meeting of September 7. E. CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Use Permit to allow four residential units at an existing building located at 16842, 16843, 16844 and 16845 E. Avenue of the Fountains (generally located north of Avenue of the Fountains, between Saguaro Blvd. and Verde River Dr.) and in the C-2 (Intermediate Commercial)Zoning District and the Entertainment Overlay District. SU 2021-04 Town Council Regular Meeting of August 17, 2021 9 of 11 Senior Planner Farhad Tavassoli reviewed the application, noting the subject property consists of an existing building located within Plat 208, north of Avenue of the Fountains, and approximately halfway between Saguaro Blvd. and Verde River Drive. It is zoned C-2 (Intermediate Commercial) and is contained within the Planned Shopping Center and Entertainment Overlay Districts. The building's exact year of construction is unclear, but historical aerial photographs confirm it was built sometime between 1977 and 1986. Sofrita's restaurant occupies a portion of the first floor and faces the Avenue. The subject for this application include two units on the first floor behind the restaurant and two units on the second floor. All four units are currently vacant. He said that the General Plan and Downtown Area Specific Plan encourage commercial uses on the first floor. He said that because the building is tucked away, closer to the parking lot, it does not allow the same type of marketing window as on along the Avenue. For that reason, staff would recommend approval. Staff noted that the Planning and Zoning Commission was recommending approval, with a 4-2 vote. Councilmember Scharnow asked for the reasoning of the two dissenting votes. Mr. Tavassoli said that one questioned whether this was the highest/best use and whether all efforts were made to locate commercial uses; and this was echoed by the second commissioner. Councilmember Scharnow said that it seemed to him that they have an abundance of commercial zoning in Town, with a percentage vacant. Given the success of the apartments at Park Place and the homes at Havenly, he thought this was a positive step. Vice Mayor Magazine asked if approval would set a precedence for future requests. Mr. Arnson replied that these types of applications are considered case by case so it would not. Councilmember Grzybowski said that she was excited at the concept of mixed use. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike Scharnow to approve the Special Use Permit to allow four residential units in an existing building located at 16842, 16843, 16844, 16845 E. Avenue of the Fountains. Vote: 7 - 0 Passed - Unanimously Town Council Regular Meeting of August 17, 2021 10 of 11 F. CONSIDERATION AND POSSIBLE ACTION: Authorizing Mayor Ginny Dickey to vote on behalf of the Town of Fountain Hills on proposed resolutions at the 2021 Annual League of Cities and Towns Conference. Mayor Dickey reviewed the four proposed resolutions, noting that she would be voting on these at the upcoming League conference. Mr. Miller noted that right now under state law, when the tentative budget is adopted, it sets the limits so that the final budget can go no higher. This would allow them to go higher as long as the notices required took place. They think it is a good thing. The Town Clerk read an electronic statement received from Liz Gildersleeve, objecting to the Mayor voting to support the resolution regarding homelessness. MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Peggy McMahon to authorize Mayor Dickey to vote on behalf of the Town on the proposed resolutions to be considered at the 2021 Annual Conference of Arizona League of Cities and Towns. Vote: 7 - 0 Passed - Unanimously 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s)listed below are related only to the propriety of(i)placing such item(s)on a future agenda for action, or(ii)directing staff to conduct further research and report back to the Council. None 10. ADJOURNMENT MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Vice Mayor Alan Magazine to adjourn. Vote: 7 - 0 Passed - Unanimously The Regular Meeting of the Fountain Hills Town Council held August 17, 2021, adjourned at 7:29 p.m. TOWN OF FOUNTAIN HILLS Ginn ickey,Mayor Town Council Regular Meeting of August 17, 2021 11 of 11 ATTEST AND PREPARED BY: Elizabeth ein, Tow er 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 17th day of August, 2021. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of September, 2021. Iff",e . Klein, I own Clerk