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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