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NOVEMBER 2, 2021

  Mayor Dickey called the Regular Meeting of November 2, 2021, to order at 5:30 p.m. and led the Town Council and audience in the Pledge of Allegiance.
  A Moment of Silence was held.
   3. ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Councilmember Mike Scharnow; Councilmember David Spelich (telephonically); Councilmember Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Peggy McMahon; Vice Mayor Alan Magazine
Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth A. Klein
  Town Manager Grady Miller said that he had asked Volunteer Coordinator Kim Wickland to come forward and report on the recent Make a Difference Day event. Ms. Wickland said that they held their 13th Annual Make a Difference Day on October 23, 2021. They had 336 volunteers provide over 1600 service hours. They helped 37 residential projects and also 3 Town services. She said that 40 volunteers planted 150 plants at the Town Center and beautified the Fountain Hills Middle School. The local Girl Scout troop prepared over 100 holiday greeting cards. She thanked the members of the Make a Difference Day Committee. She said that it takes so much planning and she could not do it without their help and guidance. 

Ms. Wickland thanked Paul Garvey of their committee for creating a video which captured what it feels like to "make a difference." The Town Council and audience then viewed the video.

At this time a proclamation was read (Item 4A) and the Stellar Students of the Month (Item 4B) were recognized, and then Reports continued.

Councilmember McMahon thanked Mr. Miller, Mr. Larsen, Councilmember Scharnow and Mayor Dickey for inviting her to serve on the Fountain Hills Cares committee. She said that the event was held last weekend, and it was very educational, successful, and she appreciated the opportunity to showcase homelessness.

Councilmember Friedel said that he participated in the Make a Difference Day, and he thanked everyone involved in its organization. He said that he also attended a meeting where one of the residents donated a sizable amount to the ADOG organization to provide shelters at the dog park. It was wonderful for a resident to do that, and he is looking forward to doing more things with ADOG.

Councilmember Scharnow said that he attended a Valley Metro Board Meeting, a ribbon cutting for the new express bus route into Mesa, participated in the Make a Difference Day event, the Take Back Drugs Day, a Chamber membership event at Christ Church, emceed the Annual Hall of Fame Induction for the River of Time Museum, was a presenter at the Fountain Hills Cares Event, and attended the Spooky Blast.

Vice Mayor Magazine said that the Fountain Hills Cares Program was outstanding. He said that the panels were good and Councilmember Scharnow should take his show on the road and into the schools. He attended the reopening of the Museum which has been renovated and it has been wonderfully done.

Councilmember Grzybowski said that the MaDD video was great and Justin (Weldy) makes dumpster duty so easy. At the October Community Services Advisory Commission meeting she listened to a presentation on the Bioliphic group, which looks to integrate nature into design. She said that the Town Council will see the presentation early next year. Prior to that meeting she met with Community Services staff to receive the Gold Medal banner, which they will soon be putting up on the Mini Pitch field. She said that she also participated in Fountain Hills Cares, and she wanted to promote the River of Time Museum. She also attended the ADOG meeting as well as the Bus Stop Ribbon Cutting.
  Mayor Dickey said that she recently interviewed with KLOVE, a Closer Look with Dan Beck,with good positive questions, and it will be airing soon. She said that she toured the River of Time Museum, which was impressive with its exciting changes.
She said that she did some weeding at Make a Difference Day, but then she got to visit the other work sites. She thanked all the planners and participants.  She attended several ribbon-cuttings for several businesses with more to come. She also attended the ribbon-cutting for the new 515 Valley Metro Bus Route, which included many professionals from RPTA including the Director, and former Mesa Mayor, Scott Smith. She said that they hope that with a lot of outreach these trips to the Mesa/Gilbert Park & Ride, with many more connections, will be utilized.
Mayor Dickey said she was honored to be invited to welcome tribes involved in tourism from across the United States, Canada and Hawaii to the State, with hosts, the Fort McDowell Yavapai Nation. The Chamber’s Betsy LaVoie spoke about partnerships and business connections to the attendees at the event, the American Indian and Alaskan Native Association Annual National Tourism Conference. It was energizing and optimistic.
She attended a MAG Regional Council meeting as well as an update meeting with the Canadian-Arizona Business Council.
She said that Rachael, Councilmembers Friedel and Grzybowski and herself attended a meeting to recognize a donation for one of the Town's parks.
She attended the Fountain Hills Cares conference, which was well-attended with positive, professional, and effective presenters. She thanked all the presenters and all involved, including Bo, Mike, Peggy, Captain Kratzer, Commissioner Rory Wilson, Kari Harper, Grady, Jennifer Lyons, Rachael, members of the Mayor's Youth Council, volunteers, participants, and former Councilmember Sherry Leckrone for getting the ball rolling. She said that the video and presentation materials are available on the Town's website.
Last, she said that she dropped by the Spooky Blast. Walking toward the bustling field was nostalgic for when they brought the kids there to Four Peaks Park every year three decades ago. She said that it looked like everyone had a great time, all treat no tricks. It involved a lot of planning and work, and she thanked staff and volunteers.
   A. A PROCLAMATION Declaring November 11, 2021, as Veterans Day.
  Mayor Dickey read a proclamation proclaiming November 11, 2021, as Veterans Day.
   B. RECOGNITION of Stellar Students of the Month for October.
  Mayor Dickey recognized the following students as Stellar Students of the Month of October. She read what was said about each student, and then invited them forward to receive a certificate and have pictures taken.
Ivy Butler McDowell Mountain Elementary School
Easton Jones McDowell Mountain Elementary School
Madison Scribner Fountain Hills Middle School
Fabian Rosenquist Fountain Hills Middle School
Analiz Lara-Lopez Fountain Hills High School
Christopher Towne Fountain Hills High School

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.
  Crystal Cavanaugh, Fountain Hills resident, voiced concern with another sober house coming into the community. She asked if the homes are being monitored, and if so, by whom. She asked if realtors are pimping out their town. She also commented on the Fountain Hills Cares event, where she noted that half of the participants were masked, and the other half were not. She said the Mayor needs to stop the mandate for masks, as it was an overreach of power.

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 Sharron Grzybowski to approve Consent Agenda Items 7-A through 7-F.

  Vote: 7 - 0 Passed - Unanimously
   A. CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Joint Work Session with the Fountain Hills Sanitary District Board of  October 12, 2021; the Special Meeting of October 19, 2021; and the Regular Meeting of October 19, 2021.
   B. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of Liquor License Application for Sylvester's Bistro & Wine Bar, located at 16726 El Pueblo Boulevard #B, Fountain Hills, Arizona, for a Series 12 (Restaurant) license. 
   C. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of Liquor License Application for Fountain View Village, located at 16455 E. Avenue of the Fountains, Fountain Hills, Arizona, for a Series 12 (Restaurant) license. 
   D. CONSIDERATION AND POSSIBLE ACTION: Resolution 2021-34, abandoning the 10' Public Utility and Drainage Easement along the north side of 13010 N Mimosa Drive
   E. CONSIDERATION AND POSSIBLE ACTION: Final Plat for Adero Canyon Phase II Parcel 4, a subdivision containing 33 lots and 8 tracts in the Adero Canyon PAD.
   F. CONSIDERATION AND POSSIBLE ACTION: approving the Second Amendment to Professional Services Agreement 2021-005 with A&H Painting, Inc. and associated budget transfers.
   A. 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.
  Mayor Dickey noted that the Public Hearing had been opened at the October 19, 2021, meeting, but was continued to this meeting as several councilmembers were not present at the last meeting.

Development Services Director John Wesley began a PowerPoint presentation which addressed:

•Earlier this year, at three meetings, Council discussed new ordinance and several options for temporary signs
•Approved new ordinance on May 18, 2021 ultimately eliminating all temporary signs from the ROW
•Following approval Council directed staff to postpone enforcement and of some temporary sign provisions to consider possible modifications
•Staff has worked with two focus groups to look at and consider options
•Further mapped all commercial and industrial areas to see where limitations exist for temporary signage

•Consider possible amendments to new Sign Ordinance to address temporary signs in the right of way
•Looking for balance between:
•Section 6.01 Findings and Purpose – avoid visual clutter, promote health and safety, etc.
•Council determination to not allow signs in ROW
•Expressed community need for such signs

•Add a definition in Section 6.02 for Town Center Pedestrian Area

Councilmember McMahon asked what the purpose and effect of this change would be, and how it compares with other exemptions they may or may not agree with. Mr. Wesley said that when they get down to the section on a-frames, it will allow a-frames in the right-of-way within the pedestrian area.

Mayor Dickey noted that this was just the definition section of the ordinance; doing this does not stop them from saying they do not want signs there.

Councilmember Grzybowski said that she liked the definition; Councilmember Spelich concurred, noting that it was a clear definition.

•Amend 6.07 B. 2. a. to provide an exemption for temporary signs that are part of a Town approved special event

Councilmember Grzybowski said that it was clear to her. Councilmember Scharnow said that he would assume any large event on Town property would need a Town permit. He asked if there were smaller events that would not, but would feel they need signage. Mr. Wesley said that the larger events go through Community Services for a Special Event process. Mayor Dickey said that there are other aspects of the Sign Code that would apply to the smaller ones.


Mr. Wesley said that the proposed ordinance eliminates the sunset clause. Before it was one sign per property; now it is one sign per business.

Vice Mayor Magazine asked what a six foot clearance meant. Mr. Wesley said that they would need an eight foot sidewalk. He said that the Avenue of the Fountain has 10-12 foot clearances, but others are 4-6 with a detached sidewalk. 

Councilmember Scharnow said that he and Mr. Wesley spoke earlier in the day, and he was still confused by the language. His understanding is that the a-frames would be allowed in the right-of-way in the downtown pedestrian area, but there was no limit on the days.

Mayor Dickey said that she would recommend that wherever it says "residential direction sign" that it just say "other signs" as it would be a content-based sign, which is now not permitted. She said that she was fine with the Planning and Zoning Commission recommendation, but she would like to add, "business has no private property location available and obtains a permit from the Town at no cost."

Vice Mayor Magazine said that if they have their own private property that has the room, they could not put up a sign in the right-of-way. He said that there are 59 parcels where there s room to put it on their personal land.

Councilmember McMahon clarified that it was for a-frames signs, and only applied to those businesses who have insufficient private property for placement. Councilmember Scharnow noted that private property would also include "commonly owned." Mr. Wesley said that within a designated area, such as next to Sofrita's, they could put a-frames in the common area, but not out on the sidewalk.

Councilmember Grzybowski suggested that if the same person owns the business, they extend the permit requirement past one year. Mr. Miller said that the intent is not to make it limited. Staff would work with the business owner to know where signs could be placed. It would not need to be for 12 months. If it is in the ordinance, they could create something easy and make sure there is compliance.

Councilmember Spelich said that unless there is a change in business owner, there should not be a time limit, unless they are in violation, then maybe they have one.

Councilmember Scharnow asked if they were defining a-frame signs differently that by size. Mr. Wesley said that there is a maximum size permitted, as well as the type of materials used.


Mr. Wesley said that there are some challenges to be out of the right-of-way, such as with Plat 208, or with the topography of the town, like along Shea with the floodplain area and trees.

Councilmember McMahon said that she preferred staff's recommendation; Councilmember Grzybowski said that she preferred the Commission's. Councilmember Scharnow said that he was leaning toward staff and Mayor Dickey said that she preferred staff's. Councilmember Friedel said that he liked the flexibility with the Commission's recommendation.


Mr. Wesley said that based on prior discussions, he would take out the verbiage "residential directional". Vice Mayor Magazine said that he would assume there are regulations as to what kinds of signs could be used. Mr. Wesley said that they have regulations as to what they are supposed to be. When code compliance sees them they will know those regulations.

Councilmember McMahon said that with the vote taken in May, it should be clear that signs are not permitted in the medians. Vice Mayor Magazine said that enforcement is going to be critical.

Councilmember Grzybowski said that staff and the Commission worked hard on this issue. She said that she liked where the Commission was going, and suggested adding verbiage that would also allow them out on federal holidays. Vice Mayor Magazine said that he was in general agreement with that. Mr. Miller said that typically the Town does not have enforcement on holidays, but that could be added.

Discussion was held on the number of signs permitted leading to an activity. After further discussion, it was agreed to one sign on the house and three leading to the property.

Mr. Wesley said that there was discussion of a blanket encroachment permit, brought up from the focus groups. He said that they do have an allowance for projecting signs because of the challenges in Town. It was suggested that projection signs could be permitted with a blanket encroachment permit, so the applicant would come into the office to ensure it meets the standard, but then no additional process would be needed. He said that would not be part of this Code change.

The following individuals address the Town Council, in support of the Commission's recommendation: Betsy LaVoie, Fountain Hills Chamber of Commerce; Suzanne Brown, Scottsdale Area Association of Realtors; Dori Wittrig.

Comments included:

• They invited key business stakeholders, the Scottsdale Area Association of Realtors and Arizona Sign Association.
• Through their work and that of the Commission she encourages the Town to recognize the work, time and effort, and vote for the Commission's recommendation.
• She represents a local trade association of over 90,000, many of whom reside in Fountain Hills. They support the recommendations from the Commission.
• If the Council did not want consecutive signage, they could limit it to one sign per roadway.
• Not everyone uses technology; many people find open houses by driving around and seeing signs.
• There are some places in town where even six signs won't get someone to a location.

Town Clerk Elizabeth Klein reported that written comments were received from Susan Dempster; Natalie Varela; Andrew Day; Lorri Phillips and Toni LePoer, all in support of the Commission's recommendation

Mr. Wesley said that at one time they had a 300 feet separation requirement for signs; they could put that back in the code.

Mayor Dickey said that they are thinking in terms of open house signs, but now that the Town cannot regulate content of signs, people could put up six of any kind of signs.

Mayor Dickey closed the Public Hearing, and a recess was held from 7:06 p.m. to               7:23 p.m.

The Town Attorney and Development Services Director met during the break to finalize verbiage to coincide with the prior discussions. To recap, the ordinance would use staff's recommendation with the following amendments:

Section 3     6.07 B. 2. a.    "or as allowed through town approval of a special event permit"
Section 4     6.08 A. 1. d. i.  "...removing residential directional sign and adding to the end ,i.  ...but not within any designated parking or loading area, and adding ii. "as provided in Section 6.08 D." Also, adding iii. "within the town center pedestrian area, may be located in the town right-of-way adjacent to the business through the issuance of a permit by the town when the property lacks adequate access to display a sign on its property or adjacent common property, provided that a sign....4. shall not be located on a public sidewalk unless there is at least six feet of clear passage around at least one side and the sign owner provides the town an indemnification agreement with regards to the sign; and 5.  shall be at least three (3) feet from any curb or edge of pavement."

Section 5     6.08 A. 12. d. amends definition of location, adding a i. and ii. as indicated in the ordinance;
Section 6     6.;08 A. 17. d. amends definition of location adding i. and ii. as indicated in the ordinance;
Section 7     6.08 D. is amended removing residential directional sign and adding "other signs in residential zoning districts and residential PADs," amending the number of additional signs from five to three; and adding verbiage to the end of 3.
  MOVED BY Councilmember Mike Scharnow, SECONDED BY Mayor Ginny Dickey to adopt Ordinance 21-13 based the Planning and Zoning Commission's recommendation with subsequent changes as articulated by staff.

  Vice Mayor Magazine said that when they started this process it was to reduce the clutter of signs in town. Some of them thought the proliferation of signs was detracting. He confesses that he does not think they have gone far enough, but he wanted to thank the stakeholders, Planning and Zoning Commission, staff, Chamber of Commerce, etc.  He said that sometimes when they vote on something they are accused of being anti-business. He is very pro-business, but they have to be reasonable about the number of signs and location. They also have to balance what they believe is best for all citizens. He said that he is not pleased with the outcome, but they have been working on it for a long time, and he would support it.

  Vote: 7 - 0 Passed - Unanimously

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.
  MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember David Spelich (telephonically) to adjourn.

  Vote: 7 - 0 Passed - Unanimously
  The Regular Meeting of the Fountain Hills Town Council held November 2, 2021, adjourned at 7:34 p.m.


Ginny Dickey, Mayor             

Elizabeth A. Klein, Town Clerk


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 2nd day of November, 2021. I further certify that the meeting was duly called and that a quorum was present.

DATED this 16th day of November, 2021.

                                                                                        Elizabeth A. Klein, Town Clerk


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