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