HomeMy WebLinkAbout2022.0104.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
JANUARY 4, 2022
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey
Mayor Dickey called the Regular Meeting of January 4, 2022, to order at 5:36 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 David
Spelich; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski;
Councilmember Peggy McMahon; Vice Mayor Alan Magazine
Staff Town Manager Grady E. Miller; Acting Town Clerk Angela Padgett-Espiritu;
Present: Town Attorney Aaron D. Arnson
4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
Councilmember Grzybowski reported that the Government Relations Person with SRP
facilitated a helicopter tour of the SRP Watershed. She said that it was beautiful, and she
found herself not listening to what they said, but Linda was helpful in answering
questions afterwards. She also reported on the new piece of art at Fountain Park entitled,
"Who Rescued Who?" which she said was a great piece of art and animal lovers will
especially appreciate it.
She said that she also met with Chad (Craig) with the Fire and EMS audit company, and
she reminded everyone that it was time for anyone interested in running to take action.
She said that those on social media oftentimes are critical of actions taken by the Council
and this is the time to, "put their money where their mouth is."
Vice Mayor Magazine reported that he is a member of the East Valley Partnership
Legislative Committee and they have a long list of potential pieces of legislation they are
considering. He chose three to report on: 1) to permit the formation of Tourism and
Marketing authorities; 2) Support Arizona cities and towns' efforts to protect shared
revenue stream and preserve local autonomy; and 3) encourage state leaders to develop
comprehensive strategies to modernize funding sources for building and maintaining
transportation infrastructure.
Mayor Dickey wished everyone a Happy New Year, and welcomed them back. She
attended the MAG Regional Council meeting, the GPEC Mayor/Supervisors Meeting; and
the Maricopa County Public Health Briefing. She also attended the Sister Cities
Town Council Regular Meeting of January 4, 2022 2 of 8
Christmas Party and Que Bueno was celebrating their 40 years of being in business.
She said that she and Councilmember Friedel, along with his wife, attended the 99th
birthday celebration of WWII Veteran Gene Metcalfe. She spoke and read a
proclamation on behalf of the entire Council, and presented it to Mr. Metcalfe.
She thanked Bo for her participation in the Art Walk video, along with eight cities.
5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A. PRESENTATION: Monthly Update by Captain Kratzer with the Maricopa County Sheriffs
Office.
Captain Kratzer reported that they were thankful they did not see much of a spike in
activities over the holidays, other than several related to fireworks and noise, but nothing
major.
He reported that MCSO has a new vehicle for the Deputy Service Aide, which is a civilian
position to help with accidents and direction of traffic, freeing up deputy time for other
matters. He said that they have seen an increase in traffic accidents in town, mostly due
to inattention. They are putting on additional personnel for traffic enforcement. They
receive a lot of complaints related to the Shea/Palisades intersection and they will be
focusing efforts there as well as through the various safety corridors and other areas.
He reported that with his next presentation he hopes to provide the 2021 recap of
statistics. Vice Mayor Magazine said that he hoped that would include the number of
tickets being issued in the safety corridors.
Mr. Miller said that they have talked about getting a second speed trailer, which run
under $30,000. Vice Mayor Magazine said that they should include information in the
Fountain Hills Insider on ticket/fine statistics for speeding and right-turn-on-red citations.
Mr. Miller noted that the Pedestrian and Traffic Safety Committee has been looking at
recommending increases in fines. Councilmember Speliched added that he has seen a
lot of turns on red.
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
Town Council Regular Meeting of January 4, 2022 3 of 8
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.
A. CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular
Meeting of December 7, 2021
MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Gerry Friedel to
approve the minutes of the Combined Regular Meeting/Work Session of December 7,
2021.
Vote: 7 - 0 Passed - Unanimously
8. REGULAR AGENDA
A. CONSIDERATION AND POSSIBLE ACTION: Approving Amendment No. 2 to
Professional Services Agreement 2019-079 with JE Fuller Hydrology & Geomorphology,
Inc.
Public Works Director Justin Weldy said that at the Town Council meeting on January 21,
2020, representatives of J.E. Fuller/Hydrology & Geomorphology presented their
recommendations contained in the "Golden Eagle Park Drainage Improvements Study"
to minimize future Golden Eagle Park site flooding with a design to accommodate the
10-year design storm, including minimizing the type of damages sustained at the Park
during past storms. Based on the Council's direction, J.E. Fuller submitted its proposal
for the initial grading and drainage design of those facilities, the "Golden Eagle Park
Drainage Improvement - Phase 1."
As part of the design, due diligence and discussions with the Community Services
Department, several issues have come to light, requiring an expansion of the project
scope, including:
•The relocation of shallow irrigation and electrical lines within and across drainage
channels and light pole relocations to increase the channel capacity;
•The addition of a floodwall on Cloudburst Wash that contains the design flow
without impacting the ball field;
• Providing a sidewalk extension along Cloudburst Wash that requires a retaining
wall and structural calculations;
• Evaluation of a pedestrian bridge crossing of Bristol Wash as an alternative to the
currently proposed sidewalk relocation (initial analysis will define a concept
location, design, and cost estimate); and
• Replacement of existing 5-foot sidewalks with 8-foot multiuse fitness paths (MUP)
sidewalks, connecting the north and south side of the park and fitness loop around
the back of the Park. These MUPs need to meet ADA accessible route guidelines
and also serve as maintenance vehicle access.
Town Council Regular Meeting of January 4, 2022 4 of 8
He said that in order for J.E. Fuller to complete the design incorporating the expanded
scope items described above requires additional sub-consultants, including a Landscape
Architect and Structural Engineer. The additional fee for the design to include the
expanded scope items is $163,510.90.
Councilmember McMahon asked if they will receive an estimate for costs of the
improvements. Mr. Weldy replied that when they get to around 60% design completion,
they will provide an engineer's estimate, itemized, along with approximate costs.
Councilmember Scharnow said that in the past they had talked about looking at options
upstream, and asked if this was just within the park. Mr. Weldy that it was. He added that
the Flood Control District is working on a master drainage plan which encompasses the
entire town. When that comes back to Council they will be making recommendations for
items up stream. Councilmember Scharnow asked if there is any option of the District
helping fund the projects recommended. Mr. Miller said that they will be looking more at
the work needed upstream. Staff will be trying to work with them to either share the costs
or have them pick up full costs. However, the improvements needed upstream could be
hundreds of thousands, if not in the low millions.
Vice Mayor Magazine asked how long the conditions have existed. Mr. Weldy said that
since 2019 they have been making these discoveries. He said that early on the Town
applied for a grant and was awarded $90,000, but that would not help pay for the study,
but rather offset the actual construction costs.
Mr. Miller noted that the Flood Control District does not usually do improvements such as
sidewalks or utility relocations. The funds have to go toward flood control improvements.
Mr. Weldy said that with this amendment, the intent is to get to 100% design, which will
provide the Town a planning tool.
Councilmember Spelich said that the washes play a huge role in this. He has seen in
touring the washes where they were completely stripped of vegetation by the Sanitary
District. He asked if they were addressing any of those, understanding it was not part of
this item. Mr. Weldy said that is separate from this agreement. He and the Town
Manager are working with the Sanitary District to address those issues.
Mr. Miller said that they found with the monsoon season they had some sections of the
washes where they had huge amounts of earth removed from the back of people's
homes. In one of the washes they had exposed water lines and the drop structure
actually dropped. With the Flood Control District doing the master plan and Black &
Veatch reviewing, they will need significant improvements and those will need to be
phased in.
Councilmember McMahon asked if this amendment was absolutely necessary. Mr. Miller
replied that it is necessary, but it does not get to all of the problems upstream. Mr. Weldy
said that this amendment is for them to finish the design to increase the capacity of the
retention area at Golden Eagle Park.
Councilmember Scharnow said this is a big chunk of change just for design. He was on
the original Parks and Recreation Commission in the 1990's and they knew back then
there were problems. It is unfortunate that in the last few years they have had such
significant rains. Some of the initial work was done with Heritage Funds.
Town Council Regular Meeting of January 4, 2022 5 of 8
Mayor Dickey said that they are asking a lot of questions because this is a big amount
just for design. The $90,000 could be used for the widening improvements. Mr. Weldy
confirmed that was correct.
Councilmember Friedel asked if the construction work would be done in-house or
contracted. Mr. Weldy said that because of the scope of the work they will be phased in,
and the work would all be outsourced.
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Peggy
McMahon to approve Amendment No. 2 to Professional Services Agreement 2019-079
with JE Fuller Hydrology & Geomorphology, INC. in the amount of$163,510.90.
Vote: 7 - 0 Passed - Unanimously
B. CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2022-02 approving
the Fountain Lighting Policy.
Mr. Miller said that this item was before the Council last month, and based on those
discussions staff worked on it further and Ms. Goodwin will give a report on the proposed
policy. Ms. Goodwin said that a lot of the items circle back to the concept of distinct and
exceptional nature of special and unique events. The proposed policy would require
Town Manager, or his designee, approval. She said that the lights have been operational
for about a year and, once adopted, the policy could still be amended if needed. She
then reviewed the suggested policy:
•Staff, at the direction of the Town Council and/or Town Manager, will utilize the fountain
lighting system for annual holidays and observances.
•Appropriate color choices will be used to highlight significance and show support,
advocacy, or celebration of the occasion.
•In some instances, with the authorization of the Town Manager, unique events,
happenings or celebrations may be added to the fountain color lighting calendar.
She said that one item discussed was possibly allow those items recognized through the
various Mayor proclamations made through the year. Requests for personal, private, or
professional use would be not approved. Vice Mayor Magazine said that he thought the
policy was frivolous; they should have it available just for national holidays and
observances.
Councilmember McMahon asked if the policy was memorializing what staff has been
doing. Ms. Goodwin said that they have been working under these guidelines this last
year and monitoring requests to determine the best proposal to present for consideration.
Mr. Miller said that the reason for the policy is they have had a number of commercial and
private requests. He said that this proposed policy went before the Community Services
Advisory Commission and they were in unanimous support.
Mayor Dickey said that the Commission was in complete support, and she asked if staff
supported the proposal. Ms. Goodwin replied that they did.
Town Council Regular Meeting of January 4, 2022 6 of 8
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Gerry
Friedel to adopt Resolution 2022-02.
MOVED BY Vice Mayor Alan Magazine, to amend the Policy by removing paragraph 4
which reads, "In some instances, with the authorization of the Town Manager, local
events, happenings or celebrations may be added to the fountain color lighting calendar;"
remove "Public Requests", and remove "other Standard Guidelines" which leaves national
holidays.
MOTION TO AMEND died for lack of a second.
Vote: 6 - 1 Passed
NAY: Vice Mayor Alan Magazine
C. CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-01 ratifying Arizona Parks
and Trails grant application for Four Peaks Park.
Ms. Goodwin said that this request is to ratify an application submitted recently in order
to meet their timelines. The application allows combined access to two cooperative grant
funds, the Land and Water Conservation Fund (LWCF) and the Local, Regional and
State Parks (LRSP) Heritage Grant. The two grants are designed to work jointly, allowing
jurisdictions to leverage one fund as a financial offset for the other. Staff requested
$400,000 for each grant, totaling $800,000. Per grant guidelines, applicants are
responsible for a 5% surcharge on the Land and Water Conservation Fund (LWCF) grant
award, amounting to $20,000. The Local, Regional and State Parks (LRSP) Heritage
Grant features a matching requirement, however, grant funds from the LWCF may be
used for the match. In the event both grants are awarded, the $20,000 surcharge is the
only town-allocated funding required to support the entire grant package. This funding
would be allocated from the existing Four Peaks Parks CIP budget and no new budget or
funding sources will be required. Should either grant application be denied, staff will
review the budgetary impacts and project scope before making further
recommendations.
If granted, the project scope will complete the final, unfunded phase of Four Peaks Park.
The final phase includes a new, ADA accessible restroom, to be located adjacent to the
ballfields and playgrounds, which will include hand-washing stations and drinking
fountains. The grant also requests funding for two shaded picnic ramadas and
desert-tolerant, shade producing landscaping.
Ms. Goodwin said that staff met with the grant personnel to review the proposed projects
and they have endorsed their application.
She said that staff was notified earlier in the day that their application would be on their
agenda next week for consideration.
Town Council Regular Meeting of January 4, 2022 7 of 8
MOVED BY Councilmember Gerry Friedel, SECONDED BY Vice Mayor Alan Magazine to
adopt Resolution 2022-01 to ratify a grant application previously submitted to Arizona
State Parks and Trails and authorize the grant acceptance and all steps necessary to
implement if awarded.
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.
Councilmember Spelich asked where the Town was at with regard to the street-naming
policy. Ms. Goodwin said that the policy was adopted as one piece of the package
broken out last year. She said that she would send him a copy of the policy.
Councilmember Spelich said that it has been over a year, and he would like to move
forward with an honorary street naming for Dr. C.T. Wright. He said that he would take
care of any fees incurred.
10. ADJOURNMENT
MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Sharron
Grzybowski to adjourn.
Vote: 7 - 0 Passed - Unanimously
The Regular Meeting of the Fountain Hills Town Council held January 4, 2022,
adjourned at 6:33 p.m.
TOWN OF FOUNTAIN HILLS
Ginn Dickey, Mayor
ATTEST AND PREPARED BY:
liza eth . Klein, Town Cle
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 4th day of
January, 2022. I further certify that the meeting was duly called and that a quorum was present.
DATED this 18th day of January, 2022.
izabeth . Klein, Town lerk