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HomeMy WebLinkAbout2022.0405.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 5, 2022 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held April 5, 2022, to order at 5:52 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; Vice Mayor Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Peggy McMahon; Councilmember 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 Councilmember McMahon reported that she attended the Grand Opening of the River of Time Museum. She volunteered at the Dark Sky Festival at Fountain Hills Day. She attended the Music Fest which was fun, and also attended the concert of the Fountain Hills Choir. Attended the MAG Economic Development Committee meeting today and there are a lot of new things that will be happening at the airport this June. She said that she wanted to remind everyone of the upcoming Fountain Hills Cares event this month, which will be on April 21, 2022, at 6:30 p.m. with an educational session on Alzheimer and how we think about dementia. Vice Mayor Friedel said that he also attended everything that Councilmember McMahon attended, and he added that they had a lot of great applicants for the Planning and Zoning Commission. Councilmember Scharnow said that their interviews will be this coming Thursday. On March 24 he attended a board meeting for Valley Metro and Scott Smith, CEO, gave an emotional farewell. They have hired Jessica Mefford Miller, who ran the transit system in St. Louis. Ridership is creeping back up on rail and buses. Also, he attended many of the things on 26th, as well. On the 23rd, he attended the Community Foundation check presentation on behalf of the Coalition. They had 20+ groups that received grants. On the 27th there was a fundraiser for the Museum at Harley Davidson so he attended that. Town Council Regular Meeting of April 5, 2022 2 of 12 Councilmember Magazine agreed that they had some very good candidates for Planning and Zoning. He said it was not long ago that they were beating the bushes trying to find applicants, and now they are receiving some great applications, for which he thanked the public. Councilmember Grzybowski said that she attended a couple of Legislative Update calls with the League, and she attended the Board of Directors meeting of Greater Phoenix Economic Council (GPEC). She attended the Chamber's quarterly breakfast where Patrick Sweeney gave an update on the school district. She toured the Maricopa County Assessor's Office. Saturday, the 26th, was a huge day for events. He hung out with Councilmember Scharnow at Harley Davidson for the Museum fundraiser. She also had the opportunity to sit down with the new Economic Development Director, Amanda. She dittoed that they had great applicants for Planning and Zoning. This last weekend she attended the Golden Rule Day celebration on the lawn of the State Capitol. Mayor Dickey reported that the 26th was a wonderful day. One of their Sister Cities, Kasterlee, Belgium, notified the Town that their former Mayor, Walter Otten, passed away, so she asked that the Town's flag be flown at half-staff. They had their Capital Improvement Planning Work Session which is available on video. They met with the Canadian-Arizona Business Council, did Earth Day videos, Rock the Museum with Councilmembers Scharnow and Grzybowski. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION: Update by Fountain Hills Coalition Councilmember Mike Scharnow, representing the Fountain Hills Coalition, gave a PowerPoint presentation which addressed: FOUNTAIN HILLS COALITION MISSION STATEMENT - PROTECT OUR YOUTH ORGANIZATION COLLABORATION ACROSS SECTORS CONTINUUM OF CARE MAIN GOALS -- ENGAGEMENT AND OUTREACH GENERAL EXAMPLES FUNDING HOW WE OBTAIN INFORMATION ALCOHOL AND SUBSTANCE ABUSE RANKED AS THE #1 PUBLIC HEALTH ISSUE IN FOUNTAIN HILLS PAST 30 DAY DRUG USE OVER TIME - ALL STUDENTS FH REPORTED TEEN DRUG USE OVER TIME MAJOR FOCUS IN 2022 AND BEYOND NEARLY 200 PEOPLE DIE EVERY DAY IN THE US FROM DRUG OVERDOSES SCHOOL INITATIVES - PAST & PRESENT INCREASE RESOURCES WEBINAR SAFE HOMES NETWORK OF FOUNTAIN HILLS FENTANYL IS HERE... MOST COMMON FORM OF ILLEGAL FENTANYL Town Council Regular Meeting of April 5, 2022 3 of 12 DON'T BE FAKED OUT WHY IS THIS OCCURRING? MONITOR SOCIAL MEDIA KNOW SIGNS OF OVERDOSE SOLUTIONS ARE AVAILABLE NALOXONE SAVES & CHANGES LIVES IT'S ALL ABOUT COLLABORATION Mayor Dickey thanked Councilmember Scharnow for his presentation. 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: Jane Bell, Fountain Hills, said she appreciated the Council's time and everything they have put into it. A special thanks to John Kavanagh who helped them with attorneys, and thanks to Larry Meyers, Laura Shearer and Lori Troller. She asked the Council to not be afraid to make a decision. Ed Stizza, Fountain Hills, thanked the MCSO staff for their professionalism at his job site. He said that over the past few years he has watched management fail on several issues including dark skies, continued density, and quality of life. He said that they need to be accountable. 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 Councilmember Alan Magazine, SECONDED BY Councilmember Sharron Grzybowski to approve Consent Agenda items 7-A and 7-B. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special Meeting of March 15, 2022, and the Regular Meeting of March 15, 2022. B. CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-15 approving the designation of Chief Fiscal Officer of the Town of Fountain Hills for FY22. Town Council Regular Meeting of April 5, 2022 4 of 12 8. REGULAR AGENDA A. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-01, amending Chapters 1, 5, 10, and 11 of the Zoning Ordinance to provide the definition of family and community residences, the regulations for community residences, and provide the zoning districts where community residences are permitted. Mayor Dickey opened the Public Hearing. Development Services Director John Wesley gave a brief review which addressed: BACKGROUND Planning and Zoning Commission began studying the topics of Group Homes and Detx/Treatment Centers in November 2021 Discussed ideas, issues, concerns and options at 2 meetings Received public comments in January 2022 Reviewed and discussed group home ordinance options in February 2022 Held public hearing, received input, and made recommendations on group home ordinance at March 2022 meeting Will be following up with review and recommendations regarding Detox/Treatment Centers Group Homes for the Handicapped and Elderly Care have been a permitted use in single-family and multifamily districts since 1993 Current ordinance Allows up to 10 individuals, excluding staff Requires a minimum separation of 1,200' Requires local registration Includes inspection for compliance with life-safety codes Zoning codes allow one family per dwelling in single-family and multifamily zoning districts Codes typically define families as any number of people related by blood or marriage or a defined number of unrelated individuals (usually 4-6) Group homes for the handicapped are allowed as an exception to this standard to meet the needs of handicapped individuals to have the same access to housing in a community supportive manner Rules define the limits and requirements of the exception; need to have legitimate government purpose and be the least restrictions needed to accomplish the purpose Rules for group homes apply equally to all group homes Assisted living for seniors Developmentally disabled individuals Sober living homes Physically disabled individuals Group homes are residences for the individuals living there. Not treatment facilities Similar to any family home RECOMMENDED ORDINANCE March 14 P&Z voted to recommend Ordinance#22-01 for approval Several items added/modified at meeting Staff did not have the opportunity for evaluation or comment on several of these Town Council Regular Meeting of April 5, 2022 5 of 12 modifications; it may be beneficial to consider a few changes to what was recommended The following individuals addressed the Council: • Bob Strasser • Cindy Strasser • Natalie Marston Salem, owner of Mental Health, Fountain Hills Recovery •Allen Skillicorn • Larry Meyers • Lori Troller •Andy Bennett • Laurie Scherer • John Meredith • Liz Gildersleeve • Hannah Toth • Crystal Cavanaugh • John Kavanagh • Jane Bell Written comments in support of the Planning and Zoning Commission's recommended ordinance included: • Roxann Turner • Christine McGinn • Jim and Linda Brader • Alan Grosso • Gary Hoger • Randy and Wendy Klocke • Jennifer Joines • Thomas Maffei Comments included: • Planning and Zoning did a marvelous job researching this issue and came up with excellent recommendations. • He understands that the Council have made modifications to what the Commission came up with. • Purpose of Planning and Zoning is to find out what the residents are interested in and get a feel for how the Town should be headed. • Many citizens that had voiced their opinions did research. • Not speaking as a facility owner, but rather a daughter who lost her father to addiction. • The disease of addiction does not discriminate; it affects all of us. • She is concerned as a citizen of Fountain Hills; she has a few neighbors selling their homes. • In so many instances, it seems that the Council has gone against specific recommendations or for it, and not enforced it. • Mental health and substance abuse are diseases, no different than cancer that needs treatment. • Sober homes are a positive addition to their treatment. • Thanked the Planning and Zoning Commission for putting together a thoughtful ordinance, that had been researched, and court-tested. • In reading packet, was shocked to see changes made to the ordinance from what the Commission proposed. Town Council Regular Meeting of April 5, 2022 6 of 12 • Majority of this Town supports what the Commission did. • Why is this issue different than short-term rentals? • If we are going to say we want to regulate short-term rentals, why not do reasonable regulations on sober homes. • This is an issue of residents and special interests. • He attended some of the Planning and Zoning Commission meetings. Has worked in the industry for a long time in risk management and compliance. • What he sees with these ordinances is an interesting solution to a problem that does not exist; it has not been escalating quickly • There is not a problem here; it is not a crime. • It is hard to hear the amount of misinformation spread around by people who are well-intended. • Looking through the ordinance he sees a protected class; they are trying to tighten the screws on a protected class. • Statistics point that addiction is a massive problem; Fountain Hills is not spared that. • She is a resident of Fountain Hills and she and her husband are both professionals. None of them lack compassion. She is a hospice nurse, and they have a family member who is heroin addict. • There is something to be said to hide behind sober home. They do not need a RN to be on staff, and they do not need medications to be administered by clinicians. • She showed items that have been picked up in front of homes; they know. • He lived next to a recovery center for two years • It is a failed federal system; it would not exist without a government pushing it. It is not a reason business • Would love to see councilmembers debate Peter Gray. • Asking the Council to vote for the Planning and Zoning Commission recommended ordinance; they are here to demand it. • The P&Z proposed ordinance is reasonable and supported by legal precedent. • Gilbert allows only five people in a sober home. Why would Town staff allow ten. • Each councilmember has been elected as representatives of the people. Mr. Wesley said that the ordinance, as approved by the Planning and Zoning Commission, has not been changed. In the staff report are considerations for the Council, improvements made to address the topic COMMUNITY RESIDENCE DEFINITION The following considerations were discussed, and the Town Council agreed to leave them in: 7. STANDARDS - BUSINESS LICENSE, IF APPLICABLE 10. DELAYED SUBMITTAL OF APPLICATION REQUIREMENTS 13. RE-REGISTRATION ITEMS 4. FAMILY 11. DISTRIBUTION OF MEDICATION 6. PERSONS PER BEDROOM Councilmember McMahon asked if staff currently looks at the configuration of rooms when looking at the number of occupants. Mr. Wesley said that today they have not looked at that as specifically as they will in the future. After brief discussion, the Council agreed to leave it at two occupants per bedroom. I Town Council Regular Meeting of April 5, 2022 7 of 12 16. COUNTY TAX STATUS Mr. Wesley said that staff had concerns such as 1) what is the evidence? 2) how long does it take? 3) what is the real benefit? He said that they do not see an issue if Council wants to keep it. Council agreed to keep it in the ordinance. 9. LIABILITY INSURANCE Councilmember Magazine asked Mr. Arnson if we saw this as legally problematic. Mr. Arnson said that he was not necessarily sure. There is nothing that provides the Town with the authority to impose this requirement. He said it is not typically something seen in other jurisdictions. He said there is one situation where the Council would require some additional proof, when someone is doing business for the Town as a vendor. Mayor Dickey noted that the Town never requires homeowners or other business owners to show liability insurance. Councilmember Grzybowski said that she feels that if they pinpoint one business type and require something not required of others, they are putting themselves into a liability position for bias. Councilmember Magazine said that he appreciated everyone coming, but he hears people saying, "go to court." It would be improper for them to include something in an ordinance that will land them in court. Councilmember Spelich said that he would like to see more research done on this issue. He would like to see what other communities have done. Councilmember Friedel said that he was wondering if this was something they should be discussing in a different forum. Mr. Arnson said that is a sound suggestion. Whatever they do or do not find, they can let the public know, but recommendations would come in a different format. Mayor Dickey said that they have to look at the benefit versus the risk. Councilmember Grzybowski said that they should make sure it is an Arizona city or town. They have heard of precedence on the east coast. Mr. Arnson said that both parties that spoke about Gilbert's ordinance are right. The requirement is five, unless it is a facility licensed by the state, then it is 1200 feet. 15. PENALTY Mr. Wesley said that staff would like to target this section back to the Town Code penalty that is already established. The Council agreed. 8. UNANNOUNCED INSPECTIONS Brief discussion was held on this. Mr. Arson said that the Council has received his legal advice. He agreed that it does present concerns. Staff was requested to research this issue further. 2. FAMILY COMMUNITY RESIDENCE SIZE Mr. Wesley said that as they have looked around, there are a lot of communities with ten, so the recommended number gives them some concern. Councilmember Spelich said that he vehemently opposes any change to the P&Z recommended number. He would like to keep this at 8, including resident staff. He does not want to put the Town in jeopardy of a lawsuit, but he personally will not budge on the number. It is a fair number Town Council Regular Meeting of April 5, 2022 8 of 12 and has been researched. He thought it would stand a challenge. Mayor Dickey asked what the ramifications would be on senior living facilities in Town with changes to this number. Mr. Wesley said that there are 10 licensed senior living centers. He would need to research this further to see if they would be grandfathered. Councilmember Magazine asked that staff also research what would happen if they were grandfathered, and someone leaves. Councilmember Scharnow said that he hs not as confident in the P&Z recommendation, based on advice the Council has been given. Staff is there to protect them based on experience. Comments made that all this is reasonable and defensible is not what they are hearing. He has to go along with staff on this. He felt they would be negligent in their duty and not being good stewards of the Town's money. He thought they were doing what they need to do. Not everyone is going to agree, but they need to rely on staff and the Town's attorneys. Mayor Dickey said that they have to take all of this into account. There are 24,000 residents. She understood that everyone has strong feelings about this; others have different opinions. They need to consider all of that. Councilmember Magazine asked if they were challenged on two or three parts of the ordinance, if there was a risk of the whole thing being thrown out. Mr. Arnson said that his best answer is, "it depends." It depends on the nature of the action. If it is found that it could be separated without defeating the purpose, the court would sever it. It would depend on which part was challenged. 3. TRANSITIONAL RESIDENCE DEFINITION Mr. Arnson said that if they are going to explore the issues further, he would suggest they research this part as well. 5. SPACING BETWEEN COMMUNITY RESIDENCES Councilmember Magazine asked if there are any other jurisdictions that have a 2400 foot limit. Mr. Arnson said that of all the several that staff reviewed, he did not see one. Councilmember Scharnow said that the current ordinance is 1200 feet. They have been accused of having loose regulations and needing to tighten these up. If these have been on the book since 1993 and they have a total of 14, he does not see a proliferation, and he does not see the need to go to 2460. Councilmember Spelich said that he is not stuck on the half mile, but definitely thinks 1200 feet is not enough. The topography of Fountain Hills is different; it is not flat. They have hills, canyons and washes, and when they come up with this number they have to take that into consideration. Mayor Dickey said that there is a law about this. One of the things they talk about is that with any rules on spacing, they have to do certain things for reasonable accommodation. Vice Mayor Friedel said that he thinks that 1200 is not enough. It could be 2000 or 1800; there are ways of doing this. There is a compromise. Mayor Dickey suggested that they look at something like Carefree or Cave Creek where Town Council Regular Meeting of April 5, 2022 9 of 12 their terrain is similar. It would be better to know for sure if it has passed some place. Mr. Arnson said that the strategy is to make sure that it is a good number with a rational basis. 14. WAIVER OF REASPONABLE ACCOMMODATION Councilmember McMahon said that a three-person review is smart. The Board of Adjustment would be a good addition as they are not part of Planning and Zoning. She said that there are things that have to be proven for the appeal to be approved. Mr. Arnson said that they do not have enough to make a decision tonight. They were in executive session a long time and did not get to this. In his view, there are positives and negatives. It might as well be done in a methodical way. Councilmember Spelich said that any applicant that wants to challenge any provision must first apply for a waiver before seeking court remedies. Mr. Arnson said that typically an applicant would exhaust their efforts. If there is a procedure available to someone, it could remedy the concerns. Mayor Dickey suggested that they continue the public hearing to a specific date. Mr. Arnson said that there are a few heavy issues and they have packed agendas. He suggested that they continue it to the May 3, 2022, meeting. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Peggy McMahon to continue the public hearing to the May 3, 2022, meeting. Vote: 7 - 0 Passed - Unanimously Councilmember Magazine said that he was troubled by people coming before them and telling them they have to rubber stamp what Planning and Zoning Commission recommended. He said that they have a lot of commissions. They respect their judgment and listen to them, but they are elected by the people and they have to make independent decisions. He said that they were supporting a lot of what the Commission recommended. B. CONSIDERATION AND POSSIBLE ACTION: of approving the Second Amendment to Cooperative Purchase Agreement C2020-065 with M. R. Tanner Development and Construction, Inc. Public Works Director Justin Weldy said that this was an ongoing long-term agreement they have had with M.R. Tanner. They are crack filling on the northeast section of Town, saw cutting and removing some areas. This amendment is necessary to get over the hump to the end of the year. The remaining balance will be used primarily for paving of Four Peaks Park using the Reserve Funding and Capital Reserve. MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Sharron Grzybowski to approve the Second Amendment to Cooperative Purchasing Agreement C2020-065 With M.R. Tanner in the amount of$1,000,000 and any required budget transfers. Town Council Regular Meeting of April 5, 2022 10 of 12 Vote: 7 - 0 Passed - Unanimously C. CONSIDERATION AND POSSIBLE ACTION OF Resolution 2022-014, approving Amendment One to the Intergovernmental Agreement with the State of Arizona for design and construction of sidewalk gap elimination along Saguaro Boulevard and Palisades Boulevard Mr. Weldy said that during the time that Council first considered and approved this, staff was able to apply for additional funding to reduce their costs. There is a $2 million grant for sidewalk infill from Kiwanis to Fountain Hills Boulevard and Palisades from Saguaro to Fountain Hills Boulevard. They have asked this firm to come back before Council when they get to 30% and show the locations and segments. Mayor Dickey said that this is a very big accomplishment and she appreciated what he and others did. MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Sharron Grzybowski to adopt Resolution 2022-14. Vote: 7 - 0 Passed - Unanimously D. CONSIDERATION AND POSSIBLE ACTION: Approval on Amendment No.1 to Cooperative Purchasing Agreement C2022-013 with Brown & Associates Certified Inspection, Services, INC Mr. Weldy said that over the past few years they have been using their services for plan review. After a long and exhausting search, the Town hired an assistant engineer. Development Services has been using this firm for building inspections. There is funding in the budget for plan review. MOVED BY Vice Mayor Gerry Friedel, SECONDED BY Councilmember David Spelich to approve Amendment No.1 to Cooperative Purchasing Agreement C2022-013 with Brown & Associates Certified Inspection, Services, INC, in the amount of$50,000, and any necessary budget transfers. Vote: 7 - 0 Passed - Unanimously E. CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2022-039 with Systems 4 for Town Janitorial Services. Mr. Weldy said that this was advertised for bids and they did receive some solicitations. There were changes in scope, and in the interim they had issued some temporary purchase orders for Town Hall, Community Center and street yard. Councilmember Spelich asked if this was a local company. Mr. Weldy said that it was not. If there is a local company, they did not submit a bid. Mr. Miller said that staff has reached out to the business community and did not get a very good response. Town Council Regular Meeting of April 5, 2022 11 of 12 Mr. Weldy said that they are facing challenges with capital projects. They have also contacted local and nonlocals directly, and have not done well. He is nervous about a few capital projects that may not be completed. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron Grzybowski to approve Professional Services Agreement 2022-039 with Flying Squirrel Enterprises (dba Systems 4) for Town Janitorial Services in the amount of$88,000 annually. Vote: 7 - 0 Passed - Unanimously F. 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 the short-term rental bill seems to have stalled. The gun bill passed the Senate on the 7th. Mr. Miller said that he would look into Prop 400 and report back. He noted that the lobbyist bill failed. the car tax exemption passed and was signed. He said that will be a hit to the Town. The condo termination bill stalled and the anti-Wayfair failed. 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 David Spelich, SECONDED BY Councilmember Sharron Grzybowski to adjourn. Vote: 7 - 0 Passed - Unanimously The Regular Meeting of the Fountain Hills Town Council held April 5, 2022, adjourned at 8:49 p.m. Town Council Regular Meeting of April 5, 2022 12 of 12 TOWN OF FOUNTAIN HILLS • Ginny ick , Mayor ATTEST AND PREPARED BY: j Eli a et A. ein, 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 5th day of April, 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd day of May, 2022. 04- Q om, L Eli abeth ein, Town Clerk