Loading...
HomeMy WebLinkAbout2022.0215.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 15, 2022 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held February 15, 2022, to order at 5:30 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; Councilmember Mike Scharnow (telephonically); Councilmember David Spelich; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Peggy McMahon; Vice Mayor Alan Magazine 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 noted that the Concours in the Hills was held last weekend and it was a great event. Councilmember McMahon reported that she attended the board meeting of the East Valley Partnership, the MAG Economic Development Meeting, and the legislative update by the League. She also attended the Fountain Hills Cares meeting, and their next session is scheduled for April 21, 2022, at 6:30 p.m. at the Community Center. The topic will be Changing the Way People Think, Talk and Act About Dementia. Councilmember Friedel said that he attended the Concours in the Hills. There were thousands of people in attendance, and he thanked Peter Volny for a wonderful event. He also attended the Chamber's stakeholder meetings talking about Fountain Hills Days, as well as the MAG Regional Domestic Violence meeting. He said that they did get a link for AZ Point, an electronic way to file a domestic violence report. From their meeting he picked up that 30% of domestic violence deaths are over the age of 50, and he was glad the Town is involved. Councilmember Scharnow reported that he also attended the Cares Event meeting, and he thanked Councilmember McMahon for her efforts in lining up the main speaker. He attended the Pedestrian and Traffic Safety Committee meeting. He also stopped at the Concours, where his son was part of one of the exhibitions with an electric vehicle. He Town Council Regular Meeting of February 15, 2022 2 of 10 said that the Drug Coalition had a booth at the Teen Takeover event. He thanked Jennifer and the entire Community Services department for their work at the event. Councilmember Spelich said that he also attended the Concours in the Hills, classic car show. He had a meeting with Mr. Volny and as of Thursday, the estimated figures were 1,100 to 1,200 cars paid and registered, with 50,000 in attendance. He said that in 2020 they raised $262,000, 2021 nothing due to COVID, and 2022 $430,000. He said that Mr. Volny had pledged to Phoenix Children's Hospital that he would raise $1,000,000 within seven years; he has accomplished that in five. He also spoke with local restaurant owners who said they set all-time sales. He complimented Linda Ayres, Kevin Snipes, and Joe Bouvouis, along with Racheal Goodwin. He then held up a book that showcases car shows all around the world and Fountain Hills had their own page. The amount of publicity that this has brought to town is unreal. He thanked Mr. Volny for starting this and Town staff for their help in keeping it growing. Councilmember Grzybowski said that she attended the East Valley Infrastructure and Transportation meeting, and sat in on two legislative calls. On February 5, the Community Services department had two well-attended events. First was the Skateboard Classic where they had 31 registered across all age divisions, co-sponsored by Musco lighting, and they had 250 people in attendance. She was excited with how it turned out. Second was the Mayor's Youth Council Teen Takeover where they evidently had about 125-150 people in attendance. Mayor Dickey noted that yesterday was Arizona's 110th birthday. She said it was hard to believe that ten years ago they were celebrating the Centennial with Glenn Atchinson and Jerry Miles involved, both of whom are now gone. She said that she finally got to attend a Coyotes game with some of the members of the Canadian group and, despite the score, everyone had a great time. She thanked Eric Prochnow for taking it on. She attended meetings with Fountain Hills Unified School District, Sister Cities, Fountain Hills Cares, and the Pedestrian and Traffic Safety Committee. She said that the Teen Takeover was successful and they had great sponsors. It was beautiful weather at the Concours and she thanked Mr. Volny and their sponsors. She was there at lunch to see it bustling; it was a great day. Mayor Dickey said that Cox Communications has been going through and doing updates on their system, and she encouraged residents to keep an eye on their schedules for service shutdown. She said that they are going to try and do it at night, and the Town will be putting something on the website as well. Councilmember Spelich thanked Fire Chief David Ott for the American Flag display off the hook and ladder at the Concours. He said that seeing that was spectacular. A. RECOGNITION: Stellar Students of the Month for January 2022 Mayor Dickey read what was written by the nominators for each of the students and invited them to come forward to receive a certificate. Azelia Perez McDowell Mountain Elementary School Easton Jones McDowell Mountain Elementary School Allison Guerrette Fountain Hills Middle School Chnsiian Coffman Fountain Hills Middle School Town Council Regular Meeting of February 15, 2022 3 of 10 Dakota Delker Fountain Hills High School Cooper Loyet Fountain Hills High School A group photograph was taken at the end of the presentaiton. B. RECOGNITION: Outgoing Planning and Zoning Commissioner Jessie Brunswig. Mayor Dickey read a Certificate of Appreciation for Planning and Zoning Commissioner Jessie Brunswig who came forward. Ms. Brunswig encouraged everyone to participate in the Town of Fountain Hills. She said she has always been devoted where she lives, and everyone on the Town Council feels the same way. C. PROCLAMATION: Declaring February 25, 2022, as National Skip the Straw Day. Mayor Dickey read a proclamation proclaiming February 25, 2022, as National Skip the Straw Day, and presented it to Barrett Brodt. D. PROCLAMATION: Declaring February 12, 2022, as Sally Atchinson Day. Mayor Dickey called Sally Atchinson forward as she read a proclamation declaring February 12, 2022, as Sally Atchinson Day, noting that she was the first resident of Fountain Hills. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION: Republic Services Grant Awards to Fountain Hills Nonprofit Organizations. Mr. Miller said that since 2011 the Town has one of the most unique municipal contracts in that each year Republic Services provides $10,000 for community-based organizations. He then introduced Eric Prochnow, Tourism and Economic Development Analyst, who recognized Municipal Relationship Manager Stephen Herring with Republic Services. Mr. Prochnow said that this year they had 10 applications submitted. The priorities given to the applications were for stewardship of the environment, education, and enhancing the quality of life. He said that a representative from Republic Services, along with various members of town staff, sat on a committee that scored the applications based on the ability of each to have an impact. Mr. Prochnow then read the names of each of the recipients and had them come forward for a group photo. They were: Boys and Girls Club ($3,500), Fountain Hills Youth Substance Abuse Coalition ($3,500), Fountain Hills Theater ($1,000), Fountain Hills Dark Sky Association ($1,000) and The Matthew Community at Church of the Ascension ($1,000). Town Council Regular Meeting of February 15, 2022 4 of 10 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. The following individuals addressed the Town Council: Kelly Smith, Fountain Hills, said he attended the Planning and Zoning Commission meeting last night and was disappointed to not see any of the Councilmembers other than Gerry Friedel. He said that citizens are finding drug paraphernalia close to their homes, and they need to protect them from these group homes. Councilmember Spelich said that he was offended in Mr. Smith's comments because he dedicates countless hours in his role as councilmember. Any time more than two councilmembers gather it has to be posted. He congratulated the Planning and Zoning Commission for fielding a ton of questions and bringing forth a possible solution. Also, Cathi Marx, Crystal Cavanaugh and Mark Bierman addressed the Council requesting that they address the sober living homes. Liz Gildersleeve, Fountain Hills, said that she watched the February 1, 2022, Council Meeting and was surprised by the lack of respect and control shown the audience with a councilmember walking out of the meeting and the Mayor not making her stay. Vice Mayor Magazine said that the Planning and Zoning Commission has a lot of meetings and lots of issues, some more important than others. Most of the councilmembers do not attend. Mayor Dickey added that she does not attend commission meetings because she wants the discussions and decisions to come about organically, and her presence can sometimes hold people back. She is happy with the process they have had in town for years. With regard to the notion that this is something that has been ignored, the item came up a year ago at a retreat, talking about detox centers, which are different than group homes. It has taken awhile to separate those issues. Now they are talking about three different types of entities. Some of them have a lot of restrictions, others are governed by the state. The characterization of neglect is a narrative that is not so. Mayor Dickey said that there are rules written down for proper decorum at a meeting. This is why she requests that the audience not applaud speakers as it is disruptive. She thinks she has been flexible with a lot over the years. It is not in her purview to address a councilmember that chooses to get up during a meeting. Councilmember Grzybowski said that it is her understanding that the Planning and Zoning Commission meetings are now going to be recorded and televised. They have had a conscious conversation about why they do not go and should not go to commission meetings. Town Council Regular Meeting of February 15, 2022 5 of 10 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. MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Gerry Friedel to approve Consent Agenda Items 7-A through 7-E. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of February 1, 2022. B. CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-04, abandoning the entirety of a 30 foot Public Alley located within Block 1 of Fountain Hills Plat 302-A (Book 164 of maps, Page 43, MCR), adjacent to Lots 1, 2, 3, 12, 13, 14 and 15; including a finding of de minimis value. C. CONSIDERATION AND POSSIBLE ACTION: approving a Special Event Liquor License application for the Fountain Hills Chamber of Commerce for a beer garden in conjunction with the Fountain Festival of Arts and Crafts FOUNTAIN HILLS DAY on Saturday, February MARCH 26, 2022. D. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of Liquor License Application for Bashas' #47, located at 16605 E. Palisades Boulevard, Fountain Hills, Arizona, for a Series 9 Liquor Store license. E. CONSIDERATION AND POSSIBLE ACTION: approving a Special Event Liquor License application for Valors on 8th for a beer garden in conjunction with the Mountain 2 Fountain on March 6, 2022. 8. REGULAR AGENDA A. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Regarding Ordinance 21-17, amending Chapter 10, Single-Family Residential Zoning Districts, Section 10.04, General Provisions, to add design standards for single-family dwellings. Mayor Dickey reminded everyone that the public hearing was still open (from a prior meeting). Development Services Director John Wesley said that this item had come before the Town Council a few meetings ago, and after meeting with former councilmember Dennis Brown, they made some changes and were bringing it back for further consideration. He said that regardless of which version the Council adopts, staff will report back in a year. Town Council Regular Meeting of February 15, 2022 6 of 10 Vice Mayor Magazine asked Mr. Wesley to address the changes made after meeting with Mr. Brown, which Mr. Wesley did. Ron Thompson, Fountain Hills, thanked the Town for being responsive to he and the 27 families affected by a recent home built in their neighborhood. He said that their concern was that duplexes not be built in single-family dwelling neighborhoods. He said that builders can be innovative and while the changes help with their concerns, they are still concerned with the ability to have two separate two-car garages facing the front of the home, as it would be easy to make it into multiple dwellings after approved. Mr. Wesley said that they understood that concern, which is why they wrote it in the most direct way with the first version. He said it is a balancing act, but luckily they do not see many of these. He felt the revised language provides flexibility and keeps them from looking like a duplex. Mayor Dickey asked if a permit would be needed if someone tried to alter a house in that way. Mr. Wesley said that they would, to legally alter the home. To change it to a duplex, it would have to be in a duplex zone. Councilmember Spelich asked staff, taking Mr. Thompson's concerns into mind, if they saw a problem with the revised language. Mr. Wesley said that staff understands the rules and what they are after today. Five years from now may be different. The context of the ordinance is there, but there is that flexibility and someone may use it as a loophole in the future. Councilmember Spelich said that with the lots remaining in Fountain Hills, mostly being on steep locations, they have to give some flexibility to the builders so people can buy and build. Mr. Wesley said they did make that modification to steep slope odd-shaped lots. He does not know that the two situations are that similar. This situation is probably going to occur on a smaller lot. Councilmember Spelich said that past councilmember Dennis Brown worked hard on the issues with casitas, and he sent an e-mail thanking the Council for tabling the matter until he was able to have input. Mayor Dickey said it was her understanding that Mr. Wesley never found anything in another city or town that addressed this issue. She said she was comfortable going forward with the revised ordinance. Councilmember Friedel said that it would be interesting to see a year from now how this has worked out. Mr. Wesley said that if it is adopted tonight, his department will monitor it and report back. Councilmember Friedel asked how many inspectors look at these. Mr. Wesley said that once an application is submitted, the plans are reviewed by the planner and building official for conformance with the code. Once they get to construction, there are a lot of inspections that take place. Councilmember Grzybowski thanked staff for looping Mr. Brown into the process. She said that she was leaning toward the revised ordinance since he was involved. Councilmember Scharnow said that he agreed with those comments. He thinks that Mr. Brown's revisions are acceptable and gives staff enough leeway to address concerns. He said that he does not think they will run into this much with the number of lots remaining in town, but they can always amend if they find it is not working. Town Council Regular Meeting of February 15, 2022 7 of 10 Mayor Dickey closed the public hearing. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Peggy McMahon to adopt Ordinance 21-17, with the revised edition. Vote: 7 - 0 Passed - Unanimously B. CONSIDERATION AND POSSIBLE DIRECTION: Community Center and Special Event Fee Waiver Policy. Community Services Director Rachael Goodwin said that this issue came about last year by Councilmember Spelich, with concerns that various groups were paying different amounts for special events. She said that it has been a difficult process as all of their groups are users, and they value what they bring and what they do for the community. She said that they have been trying to develop a consistent and equitable strategy. Their request is for direction on the policy. They will talk more about user agreements later, such as with the Chamber of Commerce and FHCCA. She said that the polity itself is what they are trying to finalize so they can move forward with all of the others. She then gave a PowerPoint presentation which addressed: REVIEW OF COMMUNITY CENTER RECOMMENDATIONS CURRENT FEES/PROPOSED FOR FOUNTAIN HILLS NON-PROFITS EXCEPTIONS TO THE PROPOSED POLICY Vice Mayor Magazine asked who would make the decisions on exceptions. Ms. Goodwin said that they want to limit the exceptions, and the more consistent the policy, the easier it is. Vice Mayor Magazine said that when things are not buttoned down really tight, it becomes sticky. Ms. Goodwin said this is the first attempt to button it down. If they can get 80% buttoned down, they could move forward with the majority of their customers. She said that the policy is not designed to be a revenue generator for the Town. HOW MUCH DOES IT COST TO OPERATE THE COMMUNITY CENTER? Councilmember Friedel asked if they expected the $56,000 to go up with the new improvements. Ms. Goodwin said that would be the hope. They have upgraded the facility and there is a desire to use it and attract more events. As they bring the policy on board and create more weekend usability, they will be able to receive additional revenues from such things as weddings and small conferences. Counclimember Friedel asked if they would advance it further if they got a kitchen fully improved. Ms. Goodwin said that catering has been a challenge, but the biggest problem is with storage. EXAMPLES OF USER GROUPS AND FEE IMPACTS Vice Mayor Magazine said that he likes there being some type of fee as it helps keep the skin in the game and makes them accountable. Ms. Goodwin said that they have had conversations with FHCCA because their umbrella covers so many other smaller groups. That is why they would work out a User Agreement for them as well as the Chamber. Town Council Regular Meeting of February 15, 2022 8 of 10 Councilmember Spelich asked if they could approve the policy as it stands today, with the exception of the Chamber and FHCCA. Ms. Goodwin replied that they could, and it would be good as they have many things pending. She said that they would bring back the final policy for adoption and it would be implemented as of July 1, 2022. Mr. Miller explained that staff would provide the terms and conditions that could be discussed and debated on the User Agreements, but once those were approved, the actual agreements could be approved administratively. Vice Mayor Magazine asked what specific nonprofit status the rates would address. Ms. Goodwin said that it would be all 501 c's such as 3 and 9, and others as well. SPECIAL EVENT FEE WAIVER Recommendations CURRENT/PROPOSED FEES FOR SPECIAL EVENT FEES/WAIVERS In looking at the fees, Councilmember McMahon said that they looked really low. Mr. Miller said that these are the gross fees; then there are also add-ons, such as off-duty deputies for traffic control. Councilmember McMahon asked if staff had a spreadsheet as she felt she was not looking at a full picture. Ms. Goodwin replied that each event is unique. For example, the Concour is a two-day event, with set up on Friday. They are charged $3,500 each day for the park. Staff sits down with them and determine which streets need to be closed and how many deputies are needed. Then MCSO issues an invoice. There are port-a-johns to consider, lights, etc. It is on the group to get the contracts, deliveries, etc. This is only the fee the town receives. Councilmember McMahon said that given the large turnout they had last weekend, the $3,500 per day seems ridiculously low to rent out such a huge area. Mr. Miller said that his understanding is the $3,500 per day is what anyone would pay; it was not the nonprofit rate. The town just went through a user fee analysis, and these fees were their recommendation. Ms. Goodwin said that the fees are tied to whatever the Council-adopted fees are. If the Council wants to adjust these fees, the policy would still apply, so they do not have to keep coming back with an amended policy. She said that there are fee adjustments annually as part of the budget process. Vice Mayor Magazine said that they have small, medium, large, and extra large events. If they charge too much, they can scare people away. It is not cost recovery; they have an obligation to citizens to provide as many of these as they can at a cost that is not outrageous. Ms. Goodwin said that there are events they have identified that will require User Agreements, such as the Fountain Hills Chamber. She thanked Betsy LaVoie for her input on a User Agreement that outlines how they would work collaboratively. IMPACTS Councilmember Spelich said that three years ago when he proposed this, he got a tongue lashing. He has not changed his position. He believes the Chamber should pay some fees. Nothing presented this evening has changed that feeling, but he personally thanked Ms. Goodwin and all staff involved. He said it was a tremendous amount of work and everyone should have skin in the game. It should be fair and equitable, and everyone should know the rules. Town Council Regular Meeting of February 15, 2022 9 of 10 Mr. Miller said that they will bring back a formal policy for adoption and the user agreements will come back separately. C. DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature. Mayor Dickey said that they received a great list from Jack Lunsford. Mr. Miller said that they got it about 2 p.m. and were not able to review it. He said that the Mayor, Mr. Lunsford and himself have been tracking these bills, and since the Council previously adopted their legislative agenda, they have been able to voice opposition to some based on that agenda. Council briefly discussed some of the bills. Councilmember Spelich said that he wanted to correct a statement he made earlier; a quorum is four so there should not be four councilmembers attending a commission meeting. 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. 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 February 15, 2022, adjourned at 7:31 p.m. TOWN OF FOUNTAIN HILLS � Gin Dic y, Ma ia64Iyor ATTEST AND PREPARED BY: lizabet Klein, Town Clerk Town Council Regular Meeting of February 15, 2022 10 of 10 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 15th day of February, 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of March, 2022. a et . Klein, Town Clerk