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HomeMy WebLinkAbout2021.1019.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 19, 2021 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Diickey called the Regular Meeting of October 19, 2021, to order at 5:32 p.m. and led the Town 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; Councilmember Mike Scharnow; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski Absent: Vice Mayor Alan Magazine; Councilmember Peggy McMahon; Councilmember David Spelich Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Klein 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Town Manager Grady Miller said that the Mayor will be reading a proclamation in a few minutes, but he wanted to say how proud he is to work for Fountain Hills. He said that their employees do a great job of providing services to the residents, and part of the reason for the proclamation is to recognize the employees. He said that on Thursday Town employees will receive a boxed lunch as a thank you for their service. Councilmember Grzybowski said that they had subcommittee interviews for boards/commissions, and she encouraged residents to keep an eye on the Town's website. She said that it was a great opportunity for them to be involved in the community. She said that they held a Make a Difference Day committee meeting and participants can start picking up their t-shirts tomorrow between 8 AM and 4 PM at the Community Center. She reported that the Bioliphic Committee met yesterday and they had given a presentation to the Community Services Advisory Commission in September. They are looking for volunteers and sponsors. Early next year they will present to the Town Council. Mayor Dickey said that in the past the Make a Difference Day activities would begin with a gathering at Golden Eagle Park, but due to COVID, they will be going straight to the work sites. She did a short video, with the help of Paul and Kim, on the program. Town Council Regular Meeting of October 19, 2021 2 of 10 Mayor Dickey reported that last week they held a joint meeting with the Fountain Hills Sanitary District Board and talked about salt and other improvements at the lake, the well, washes, etc. She said that Tom Belshe, Executive Director of the League, had invited mayors and councils to the open house at the Mesa LDS Temple. She said that the League did a webinar on redistricting, and she has shared the link and draft maps with the Council. She said that they are asking for input from the public. A. PROCLAMATION: Declaring October 17- 23, 2021, as Arizona Cities & Towns Week. Mayor Dickey read a proclamation proclaiming October 17-23, 2021, as Arizona Cities and Towns Week. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION: Monthly Report by Captain Kratzer of the Maricopa County Sheriffs Office. Captain Kratzer of the Maricopa County Sheriffs Office gave a monthly update, noting that with ten months'worth of statistics since the Safety Corridors went into effect, they have had a total of 2,345 traffic stops. Of those, 49% have occurred on Saguaro and Palisades. He said that with added enforcement and requests of deputies to be visible, he is satisfied with those efforts. He said that of the 49%, 70% were on Saguaro and 30% were on Palisades. He said that at one time they talked about having zero tolerance, but he had concerns with that taking away the authority of the deputies. People are warned before they get a ticket. That percentage is Citations 70% and Warnings 30%. That is higher than the typical average because they are enforcing it more strictly. A large majority of that is for speed (80%)with numerous criminal charges, which is 25 mph over the speed limit. They have also had citations for driving on a suspended license, and stop sign violations, particularly around the fountain. For upcoming events, they will be involved with the Fountain Hills Cares event, where the Community Outreach staff from Maricopa County will be in attendance, and also they have the Prescription Drug Take Back event, which is the same day as Make a Difference Day, from 10 am to 2 pm right outside Town Hall. Councilmember Scharnow noted that the Drug Coalition will have a few out helping them as well. Mayor Dickey conveyed condolences to the Sheriffs Office for the recent loss of Deputy Juan Ruiz. She said that they all mourn with them. It was such a waste and tragedy, and she appreciated Captain Kratzer being at the meeting this evening. Mayor Dickey thanked Captain Kratzer for the statistics. She said that the Pedestrian and Traffic Safety Committee has talked about increasing fines, and they will continue those discussions. She said that they appreciate all that the Sheriffs Office has been doing. Captain Kratzer said that there have been some concerns voiced about the 9-1-1 system. Town Council Regular Meeting of October 19, 2021 3 of 10 He said that he cannot answer the technical questions, but if someone has an issue, they should call him and he can contact those with the answers. He said that in Queen Creek they had a 5-10 minute presentation given on dispatching, but if they were not interested in that, perhaps they could put something together and place it on the Town's website. He said that there is some confusion when someone calls in it sounds like a fax machine, but that is the equipment for the hearing impaired. Mr. Miller said that if there is a specific incident or call for service, they can have that looked into and any mitigating circumstances. B. PRESENTATION: Town of Fountain Hills New Website Look Bo Larsen, Fountain Hills Community Relations Manager, gave a brief review of the Town's new website look. He noted that there is a new web address for the Town, www.fountainhillaz.gov. He said that the old address will still work for now, but this is being done for security reasons. He thanked those on staff that helped view websites from all over the country and gave them ideas for making the site better. Councilmember Grzybowski said that she thought it looked fantastic. She liked the colors and said it was easy to read. Mayor Dickey said that she agreed; she appreciated all of the work that went into it. C. RECOGNITION: Outgoing Board/Commission Members Mayor Dickey read a statement on each of the following commissioners, and thanked them for their service. She then presented a Certificate of Appreciate to each: John McHugh, Strategic Planning Advisory Commission (not present) Carol Carroll, Sister Cities Advisory Commission Tom Aielllo, McDowell Mountain Preservation Commission 6. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H),public comment is permitted(not required)on matters NOT listed on the agenda.Any such comment(i)must be within the jurisdiction of the Council, and(ii)is subject to reasonable time,place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action.At the conclusion of the Call to the Public, individual councilmembers may(i)respond to criticism, (ii)ask staff to review a matter, or (iii)ask that the matter be placed on a future Council agenda. None 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council.All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Town Council Regular Meeting of October 19, 2021 4 of 10 MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike Scharnow to approve Consent Agenda Items 7-A through 7-H. Vote: 4 - 0 Passed - Unanimously A. CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of September 21, 2021, and the Regular Meeting of October 5, 2021. B. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Community Foundation for a beer and wine garden in conjunction with the Flutter at the Fountain event held on November 5 and 6, 2021. C. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for alcohol in conjunction with the Fountain Hills Theater, Inc. for Opening Night on November 5, 2021. D. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for alcohol in conjunction with the Fountain Hills Theater, Inc. for Opening Night on December 3, 2021. E. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Theater, Inc for alcohol in conjunction with the Fountain Hills Theater, Inc., for Opening Night on January 7, 2022. F. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for alcohol in conjunction with the Fountain Hills Theater, Inc. for Opening Night on January 28, 2022. G. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for alcohol in conjunction with the Fountain Hills Theater, Inc. for Opening Night on March 18, 2022. H. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for alcohol in conjunction with the Fountain Hills Theater, Inc. for Opening Night on April 15, 2022. 8. REGULAR AGENDA A. CONSIDERATION AND POSSIBLE ACTION: Appointments to the Board of Adjustment, Community Services Advisory Commission, McDowell Mountain Preservation Commission, Sister Cities Advisory Commission, and the Strategic Planning Advisory Commission. Town Council Regular Meeting of October 19, 2021 5 of 10 MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Gerry Friedel to appoint the following: Board of Adjustment 10/31/24 Jeremy Smith 10/31/22 Erik Hansen Community Services Advisory Commission 04/30/24 Craig Rudolphy McDowell Mountain Preservation Commission 10/31/24 Scott Grzybowski 10/31/24 Bill Craig 10/31/24 Brian Jennings Sister Cities Advisory Commission 10/31/24 Lisa Ristuccia 10/31/24 Bev Tall 10/31/24 Zarrin Caldwell Strategic Planning Advisory Commission 04/30/22 Bernie Hoele Vote: 4 - 0 Passed - Unanimously B. CONSIDERATION AND POSSIBLE ACTION: Acceptance of public art concept for Keystone Homes -The Havenly Fountain Hills development. Community Services Director Rachael Goodwin said that the developer and artist are at the meeting this evening. She said that the general concept is shown in the packet and they also had a model to show the Council. She said that this project does meet the 1/2% as outlined in the Public Arts Policy. Jeff King, representing Keystone Homes, came forward with the model and said they are pleased to be part of the community. He said that it has gone well so far working with John Wesley and the engineering staff. He said that the part of the process of public art was new to them, but Ms. Goodwin walked them through the process. They went out to six different artists and selected Craig Randich. He said that what is being proposed fits well with their community, both architecturally and durability-wise, and includes the shadow play around the plantings. Mr. Randich came forward and said that the model is based off of taking the fountain and turning it upside down. It has to do with shadows on the ground and the sculpture. Councilmember Scharnow said that some of the photos in the packet included canvas. He asked if this piece would include canvas over it. Mr. Randich said that it was designed without the fabric, but he is open to the idea of having canvas to add more shade factor. Councilmember Scharnow said that it also mentioned it would have a rusticated surface. He said that Scottsdale has put up bus stops along Shea with that type of material, and it tends to leave discoloration on the sidewalk. Mr. Randich said that there would most likely be some rust happening, Mr. King noted that there will be decomposed granite under the structure so it would not affect the sidewalk. Councilmember Grzybowski said that she loves the concept of useable art. She said that as a general rule she is not a fan of public art on private space, but in this case, it is not Town Council Regular Meeting of October 19, 2021 6 of 10 hidden from the public so everyone can use it. Mayor Dickey noted that one of the rules is that it has to be accessible for the public. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike Scharnow to accept the public art application for the sculpture and authorize it to be installed at the designated location at The Havenly. Vote: 4 - 0 Passed - Unanimously C. CONSIDERATION AND POSSIBLE ACTION: Resolution 2021-32 approving Amendment Two to the Intergovernmental Agreement with Maricopa County relating to the maintenance, improvement and management of outdoor recreation opportunities in the McDowell Mountain Preserve and McDowell Regional Park. Ms. Goodwin said that this allows the Town to cooperate with the adjacent McDowell Mountain Park which is good since they have adjoining trails and can coordinate maintenance. Councilmember Scharnow said that he thought this was very good. He loves this kind of working together, and it works in with the Master Plan approved last year and is not duplicating efforts. MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Sharron Grzybowski to adopt Resolution 2021-32 approving Amendment Two to the Intergovernmental Agreement with Maricopa County. Vote: 4 - 0 Passed - Unanimously D. CONSIDERATION AND DISCUSSION: Options for possible amendment to Section 11-1-7, Noise, of the Town Code. Mayor Dickey said that they started this conversation a month or so ago. Mr. Miller said that the Town Council was questioning why they were making changes; it appeared that the Council was leaning toward maintaining status quo. He said that Mr. Wesley will be leading the discussion, but the Town Prosecutor was unable to attend the last meeting, and he was joining them tonight via telephone to answer some questions. Mr. Wesley said that the Town Prosecutor, Mark lacovino, and Captain Kratzer would be able to answer the questions best. He said that the prior recommendation was to eliminate the decibel approach because that approach has been a challenge for the officers and the court. Mr. lacovino said that he has gone back and redid some of his research on what various communities use. He said that he checked 13 different cities. Paradise Valley, Cave Creek and Sedona use the decibel method, but Sedona has dedicated staff managing their noise ordinance. Four others use a combination of decibel and "unreasonable noise" and the others use just the "unreasonable noise." He said that noise is an important issue in Fountain Hills. They have had two different noise ordinances as there are two approaches to enforcing unwanted noise--the decibel limit and the "unreasonable noise" approach. Talking about decibel limits has an appeal Town Council Regular Meeting of October 19, 2021 7 of 10 because it is an objective standard. Unfortunately, it is not nearly that simple. There are two primary problems using decibel limits. First is the ambient noise. When a deputy goes out to a site, the meter is not just registering the noise from the party down the street. It is also registering traffic, wind, insects, air conditioner compressors, etc. and that ambient noise level can be significant. The problem is there is no way to separate the ambient noise from the offending noise. The other problem is that the decibel level from any noise source will be very different depending on the location of where you take the reading. The terrain, vegetation, lack of vegetation, buildings, sound reflective surfaces nearby, wind direction and strength, humidity and temperature all play a part. He said that he is not an advocate for an ordinance based on decibel. Mr. lacovino said that going with the "unreasonable noise" standard is much more workable. It takes into account the hour of the day, location, day of the week, etc. It is a definition they have used in disorderly conduct statutes. He would strongly advocate an ordinance that is based on the "unreasonable noise" standard rather than decibel levels. Councilmember Scharnow said that he was one that originally questioned the recommendation, but Mr. lacovino has enlightened them. Mr. lacovino said that the ambient noise argument is what defense attorneys use to get people off the hook. If he was representing someone for noise, his first question would be when it took place and where, and what the ambient noise level was. The officer is going to say they do not know and that will be the end of the case. He said that Cave Creek is one of the based on decibels. He was a prosecutor there for many years and last week he spoke with Adam Stein who said that it is unenforceable because the ambient noise levels are so high. Councilmember Scharnow said that they do not want something on the books that does not do anything. He asked Mr. lacovino if the chances were better if they cited under the "unreasonable noise" standard. Mr. lacovino replied that they had a much greater chance for success with that standard. Councilmember Grzybowski said that she is also one of the ones hesitant to not include the decibel reading, but Mr. lacovino did a great job of explaining it. She said that there is a strong inclination for subjective and objective, she understands. The problem she has is with "reasonable;' there is nothing objective about"unreasonable." Mr. lacovino said that there are many laws that require reasonable efforts or require actions such as "reasonable." He said that using a "reasonable" standard objectifies different types of analyses. At some point, they have to put some faith in a judge that is going to hear a case. That is the flip side of the argument. With the use of"unreasonable," they take into account all the various factors. What is reasonable at 8 AM is not the same at 2 AM, or on weekends versus week days. The "unreasonable noise" standard allows the judge to take all of those circumstances into account. He said that he understood the hesitation, but it is the best they can reasonably do. Mr. Arnson said that he was hesitant coming into this discussion as he was questioning why they were making changes, but Mr. lacovino has made him a believer with the research he has done. He echoed what Mr. lacovino said about "reasonable" as from day one in school talking about tort and negligence, they use the "reasonable person"with respect to legal standards. There is no one test that can work for every situation. Mayor Dickey said that a concern brought up last time had to do with any kind of Town Council Regular Meeting of October 19, 2021 8 of 10 electronic music, and duration. She asked if those issues are brought into the argument in considering reasonable versus unreasonable. And, she asked if it had to be measured when it is happening. Mr. Wesley said that he pulled up one of the ordinances, and there are 14 different criteria to help determine "unreasonable" such as volume, intensity, usual/unusual, proximity, time of day, etc. and a lot of those factors can be considered in making the determination. Mr. lacovino said that they could adopt some guidelines, but ultimately they want something simple and as straight forward as possible. He said that they need to balance those two concerns. Town Clerk Elizabeth Klein noted that two written comment cards were received. One from Betsy LaVoie, Director of the Chamber of Commerce, who was opposed to doing away with the decibel standard. The other from James Ruff, who supported staffs recommendation to do away with it. Councilmember Scharnow said that it is hard to say what they want. Staff should come up with something and they can go from there. They need to rely on the experts and professionals in terms of advice. Mr. Miller said that they heard from the subject experts, and the Town's counselor. He said that they also had some minor housekeeping they were doing to the previous ordinance, so they will come back with an ordinance that encompasses what has been discussed. He said that they will remove the decibel levels, and will have a staff presentation. Councilmember Friedel said that the music was a good point. The Town does its best to comply with special events. There is a reason why they have to end at a certain time, so those around Fountain Park are not disturbed. Councilmember Grzybowski said that there are quite a few business owners watching. As hard as it is to see subjective versus objective and "reasonable" Mr. Arnson has eased her mind, and Captain Kratzer did not support the decibel reading. She believed that she would go with what the subject matter experts recommend. E. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-13 amending Zoning Ordinance Chapter 6, Sign Regulations, Sections 6.02, Definitions, Section 6.07, General Regulations, and Section 6.08, Sign Requirements and Allowances. (ACTION TO BE TAKEN TO CONTINUE THE PUBLIC HEARING TO NOVEMBER 2, 2021, REGULAR COUNCIL MEETING) Mayor Dickey opened the Public Hearing. She said that they need a robust discussion on this issue and since they are missing three members from the meeting this evening she would like to continue it. MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Mike Scharnow to continue the Public Hearing to November 2, 2021. Vote: 4 - 0 Passed - Unanimously Town Council Regular Meeting of October 19, 2021 9 of 10 F. CONSIDERATION AND POSSIBLE ACTION: Approving One Arizona Distribution of Opioid Settlement Funds Agreement. Mr. Arnson said that the staff report gives a full summary of this item, but last year the Town Council approved entering into a Memorandum of Understanding regarding the opioid issue. Fourteen states joined in, including the State of Arizona. This is the next step that updates the terms of the MOU addressing the mechanisms for payment and executes two final agreements. He said that everything needs to be executed on or before January 2 of next year. They are looking at $549 million for the State's share of the settlement, and of that there is a 44% state /56% cities and towns split, based on population. He said that the payments will be on a rolling basis in April of next year. The amount of payment will depend on the number of municipalities that sign onto it and payment of attorneys fees. Mr. Pock figured out the Town's amount to be around $1.2 to $1.3 million. The funds are to be used for public health and safety related issues, primarily opioids. Mr. Miller said that one of the issues they will need to identify is how to use that money. At the Council Retreat next February they will talk about different options for its use. Councilmember Scharnow said that he did not see population in any of the criteria. Mr. Arnson said that he has not been directly involved, but they have to use some objective factors, and he would assume it would be based on population. 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. Councilmember Friedel said that in the past couple of days he was approached by citizens who mentioned that the Town used to have a recycling program. He asked if that was something they wanted to get back into. Mr. Miller said that they do now have curbside recycling, but he would look into it further and report back to the Council. 10. ADJOURNMENT MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Sharron Grzybowski to adjourn. Vote: 4 - 0 Passed - Unanimously The Regular Meeting of the Fountain Hills Town Council held October 19, 2021, adjourned at 6:50 p.m. TOWN OF FOUNTAIN HILLS GinnY Y icke , Jay or Town Council Regular Meeting of October 19, 2021 10 of 10 ATTEST AND PREPARED BY: izabe . Klein, 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 19th day of of October, 2021. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of November, 2021. lizabeth Klein, Town Clerk