HomeMy WebLinkAboutAGENDApacket__02-21-24_0641_563
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
Vice Mayor Sharron Grzybowski
Councilmember Peggy McMahon
Councilmember Hannah Toth
Councilmember Gerry Friedel
Councilmember Brenda J. Kalivianakis
Councilmember Allen Skillicorn
TIME:5:30 P.M. – REGULAR MEETING
WHEN:WEDNESDAY, FEBRUARY 21, 2024
WHERE:
FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference
call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance
at the Council meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory
exceptions, parents have a right to consent before the State or any of its political subdivisions make a
video or audio recording of a minor child. Meetings of the Town Council are audio and/or video
recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such
recording, or take personal action to ensure that their child or children are not present when a
recording may be made. If a child is present at the time a recording is made, the Town will assume that
the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Council meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council
Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which
you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments
should be directed through the Presiding Officer and not to individual Councilmembers.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a
written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town
Clerk prior to discussion, if possible.
TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting
https://www.fountainhillsaz.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the
meeting . These comments will be shared with the Town Council.
Town Council Regular Meeting of February 21, 2024 2
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice
and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.
§38-431.03(A)(3).
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
2.INVOCATION - Pastor Keith Pavia, Christ's Church of Fountain Hills
3.ROLL CALL – Mayor Dickey
4.STATEMENT OF PARTICIPATION
5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
A.Stellar Students for the Month of February.
B.PROCLAMATION: Designation of February 24, 2024, as Government Communicators Day
C.RECOGNITION: Outgoing Board and Commission member Kevin Beck, for his service on
the Strategic Planning Advisory Commission.
6.PRESENTATIONS
7.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.
8.CONSENT AGENDA ITEMS
Town Council Regular Meeting of February 21, 2024 3
8.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 for the Town of
Fountain Hills Town Council Regular Meeting of December 27, 2023.
B.CONSIDERATION AND POSSIBLE ACTION: Approval of the First Amendment to the
Contract 2021-028.1, a Services Agreement with Online Solutions, LLC, for Citizenserve
electronic application processing software and ongoing maintenance
C.CONSIDERATION AND POSSIBLE ACTION: Approval of a Lease Agreement between the
Town and American Medical Response of Maricopa, LLC (AMR) for the ambulance services.
9.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the recommendation for the
appointment of a member to the Town's Boards, Commissions, and Committees.
B.CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024-06 and Ordinance
24-07 for the Amendment to Town Code 9-5 Sunset of McDowell Mountain Preservation
Commission
C.CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024- 01 Approving a
Lease Agreement between the Town of Fountain Hills and the International Dark Sky
Discovery Center.
D.CONSIDERATION AND POSSIBLE ACTION: 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.
10.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.
11.FUTURE AGENDA ITEMS
Town Council Regular Meeting of February 21, 2024 4
12.ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this ______ day of ____________________, 2024.
_____________________________________________
Linda G. Mendenhall, MMC, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice)
or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available
for review in the Clerk's Office.
On the day of the Council Meeting, the Council Chamber doors open at 5:15 p.m. for public seating.
Town Council Regular Meeting of February 21, 2024 5
ITEM 5. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/21/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Reports Submitting Department: Administration
Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): Stellar Students for the Month of
February.
Staff Summary (Background)
Mayor Dickey will recognize the Stellar Students for the Month of February.
Form Review
Form Started By: Angela Padgett-Espiritu Started On: 02/08/2024 02:56 PM
Final Approval Date: 02/08/2024
ITEM 5. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/21/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Reports Submitting Department: Administration
Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Designation of
February 24, 2024, as Government Communicators Day
Staff Summary (Background)
Mayor Dickey will proclaim February 24, 2024, as Government Communicators Day.
Attachments
PROCLAMATION: Designation of February 24, 2024, as Government Communicators Day
Form Review
Form Started By: Angela Padgett-Espiritu Started On: 02/07/2024 03:55 PM
Final Approval Date: 02/07/2024
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/21/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Linda Mendenhall, Town Clerk
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of the minutes for the Town of Fountain Hills Town Council Regular Meeting of
December 27, 2023.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and
action that took place at the meeting for archival purposes. Approved minutes are placed on the
town's website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the minutes of the Regular Meeting of December 27, 2023.
SUGGESTED MOTION
MOVE to approve the minutes of the Regular Meeting of December 27, 2023, as presented.
Attachments
Verbatim Transcript
Form Review
Form Started By: Linda Mendenhall Started On: 02/08/2024 08:15 AM
Final Approval Date: 02/08/2024
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL December 27, 2023
A Special Meeting of the Fountain Hills Town Council was convened via Microsoft Teams at 3:00 p.m.
Members Present: Mayor Ginny Dickey: Vice Mayor Sharron Grzybowski; Councilmember Gerry Friedel; Councilmember Peggy McMahon; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn
Staff Present: Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately two members of the public were present.
TOWN OF FOUNTAIN HILLS
DECEMBER 27, 2023 TOWN COUNCIL SPECIAL MEETING MINUTES
Page 1 of 11
Post-Production File
Town of Fountain Hills
Town Council Special Meeting Minutes
December 27, 2023
Transcription Provided By:
eScribers, LLC
* * * * *
Transcription is provided in order to facilitate communication accessibility and may not
be a totally verbatim record of the proceedings.
* * * * *
TOWN OF FOUNTAIN HILLS
DECEMBER 27, 2023 TOWN COUNCIL SPECIAL MEETING MINUTES
Page 2 of 11
MAYOR DICKEY: That's good. Well, my computer says it's 3 o'clock. So I will call this
meeting to order. Can we have a roll call, please?
MCMAHON: Who's Laurie, the guest?
MENDENHALL: Mary Dickey? Mayor Dickey?
MAYOR DICKEY: Here.
MENDENHALL: Vice Mayor Grzybowski?
GRZYBOWSKI: Present.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Present.
MENDENHALL: Councilmember McMahon?
MCMAHON: Here.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Present.
MENDENHALL: Councilmember Toth?
TOTH: Here.
MENDENHALL: Councilmember Skillicorn? I don't believe he's here, but let's check.
Councilmember Skillicorn?
GRZYBOWSKI: He's probably having trouble like everyone else.
MAYOR DICKEY: He didn't reply.
MENDENHALL: Yeah. He didn't reply, so. And you did not want to do the statement of
participation --
MAYOR DICKEY: No.
MENDENHALL: -- since we're not having a call to the public.
MAYOR DICKEY: I think Rachael's going to kind of lay out the meeting a little bit.
Rachael?
GOODWIN: Thank you. Can everybody hear me okay?
GRZYBOWSKI: Yes.
MAYOR DICKEY: You're a little muffled.
GOODWIN: A little muffled? Okay. This is my first time using earbuds to do this. So it's
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a little new to me too. So I will speak up.
And then, if everybody could go ahead and probably mute. It looks like we have a
couple of guests on here. So other than, if -- unless you're a councilmember, that might
be helpful.
Today's meeting is a special meeting that is not part of our regularly scheduled public
sessions. So in an effort to be succinct, we're going to forego the standard procedures
of the Pledge of Allegiance and the statement of participation, and begin with the
singular agenda item as listed.
Mayor, if you're okay with that, I will go ahead and introduce the item.
MAYOR DICKEY: Thank you.
GOODWIN: The item before you is a request from the Chamber of Commerce, in
conjunction with The Avenue Merchants Association, for their Wine Walk event
scheduled for January 12th.
Per requirement by the State Alcohol Beverage Control and town policy, council
approval is required for all special event liquor license applications. Generally, staff
advise all applicants to submit alcohol applications at least six weeks in advance of the
event date, to allow adequate time for the application to be reviewed by council and the
state liquor board. Given the numerous events the Chamber hosts annually, they are
familiar with the requirements for both the state and the town as well as the suggested
timeline.
The request for approval by the Chamber for this event was received on Wednesday,
December 20. The next regular meeting of the council is scheduled for January 17th
which, obviously, is past the intended event date.
The event details are outlined in your packet; however, we can answer any detailed
questions if needed. And I'd like to thank Betsy for joining us. I imagine she can answer
any additional questions about the event or the application as well.
MAYOR DICKEY: Thank you, Rachael.
Any discussion or motion?
GRZYBOWSKI: I would like to move to approve as written.
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DECEMBER 27, 2023 TOWN COUNCIL SPECIAL MEETING MINUTES
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MCMAHON: Second.
TOTH: Second.
MAYOR DICKEY: Thank you. We have a --
KALIVIANAKIS: I'd like to open a discussion.
MAYOR DICKEY: Okay. So we have a motion and a second on the floor for approval.
And we're open for discussion. Brenda?
KALIVIANAKIS: Okay. Thank you, Ms. Mayor. I'd just like -- I think we're kind of in a
unique position here. I did send the Mayor and the council my thoughts on this meeting
today. I'll flesh them out a little bit.
I guess, I'm in the enviable position -- it was only the last council meeting that we
discussed the Fountain Hills Roasters (ph.) and the Frank Quinn application for a one-
day extension on his permit. Usually, we have to go back to a year or two, and possibly
even a former council to determine what precedents have been set by this council and
what guidance we're going to take going forward. We, literally, only have to go back
two weeks to determine that we did have a petitioner that had four applications -- two
of which were filed, two of which were in the hands of his manager when she took an
emergency -- she had to go to the hospital. It wasn't a private emergency as was stated
last council meeting. It was very public. She was at work and she was processing her
applications and they didn't get processed in time.
At that time, we unfortunately got off the beaten trail and we didn't talk about the item
that was put on the agenda, which was whether we should grant an extension or not.
That's what I thought was on the agenda that day. But we went everywhere but there.
We talked about how he didn't know the town code when he located here. How he
didn't know how to file applications. That he had no compelling reason to add
additional LED signs. That this was not an appropriate request. That P&Z didn't want
LED signs and they didn't approve them and they wrote it out of our code.
If you can see -- what I'm trying to say here is -- none of these things were relevant to
the conversation that we had. They said we don't want our entry to look like a bunch of
billboard signs. We said that when the courts handle attorneys' motions, that if they file
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DECEMBER 27, 2023 TOWN COUNCIL SPECIAL MEETING MINUTES
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a motion late, they are not greeted with a welcoming, "give us a good story". They're
summarily discharged, which is actually not true, because the courts of equity can make
exceptions. It goes back to common law.
And so what I'm trying to say is we were really off base last time and all they were
requesting was a one-day extension.
Now, here we are today, two days after Christmas with another petitioner, the Chamber
of Commerce, who is very valuable to our community. I certainly hope, today, that we
don't all talk about the Chambers' policies and whether we think they're doing a good
job and whether they filed this petition on time and whether we dislike the fees that
they charge for the merchants in the Chamber. Whether the last mixer was one that we
would have enjoyed having it at Adero versus DC Grill and get this minutiae of things
that are irrelevant to what we're talking about today -- which is, I feel like, what we did
two weeks ago.
And it's just a group of us today -- it's a small group of us today, and I just have to get
this off my chest because that was something that I found very offensive -- the
petitioner Frank found very offensive. I talked to him several times and he simply didn't
understand why we attacked him so personally.
MAYOR DICKEY: Brenda, I'm going to --
KALIVIANAKIS: Yes.
MAYOR DICKEY: -- take a chance here and say that we're getting a little off the agenda
as well. And I'm going to let Peggy speak and then we can continue the discussion, if
that's okay? She wanted to --
KALIVIANAKIS: Okay. Yeah, I would like to make the point that I was trying to get to,
but certainly.
MAYOR DICKEY: Well, go ahead. Go ahead, but I just don't want to get too far off of
this one.
KALIVIANAKIS: Okay. I understand. And I'll get to the point.
So I guess that the point that I'm making today is, I think we have an apples and apples
situation and I think this council spoke last time, vehemently, that we don't change
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DECEMBER 27, 2023 TOWN COUNCIL SPECIAL MEETING MINUTES
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precedent and we don't make variations based on late applications. And so it just
seems to me that if we're going to do what we say we're going to do, and if we're going
to vote the way we say we're going to vote, and if we're going to avoid a situation that
looks like we're helping our friends, and we're not helping those who are not our
friends, then it seems to me that myself and Hannah would vote for this extension and
that the other five would, on principle, I would think, vote against it because it doesn't
fit the criteria of late applications that was established in the last council meeting. And I
will give up the floor.
MAYOR DICKEY: Thank you, Brenda.
Councilwoman McMahon?
MCMAHON: Can everybody hear me?
MAYOR DICKEY: Yes.
MCMAHON: Brenda, I appreciate what you're saying. But I don't agree with you in the
sense, this is not apples to apples. This is apples to oranges, or whatever fruit you want
to call it.
What is before us is a liquor license. Period. It's not an exception to the sign ordinance,
which is basically what that late application had to do with. This is a -- it's like an event.
It's not an ordinance and it's not allowing an LED sign, something that's much more -- no
offense, Betsy -- in my opinion, significant in comparison. This is customary routine
liquor license. An exception to brand-new sign ordinance that was installed, that the
majority voted against LED signs, including yourself. I'm not rubbing that in your face;
I'm just telling you, I don't think this is the same situation at all.
This is a routine liquor license application that, ultimately, is going to be approved or not
approved by the state. And, you know, I don't think they've ever been late before. And
this is another issue that I want to see on the agenda, because I don't think we even
need these on the consent agenda, especially since the state approves the license
eventually.
But that's getting off the beaten track here. I just don't think it's the same thing, and I
don't mean to insult you, but I say that respectfully. It's not the same thing at all. And
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it's unfortunate that that man is upset, but it's two different things in my opinion.
Thank you for your time.
MAYOR DICKEY: Thank you. Any further comments?
GRZYBOWSKI: Actually, if I may, Mayor?
KALIVIANAKIS: If I may --
MAYOR DICKEY: I'm sorry. Go ahead. I can't see on the phone. Sharron, go ahead.
GRZYBOWSKI: I agree with Councilwoman McMahon. The previous conversation was
regarding an ordinance, which is something written in our town ordinance. This
particular conversation is regarding a suggested time frame for turning in an application.
This is something we review all the time. It gets lumped in with the consent agenda.
They had a person fill out an application that missed the fact that we didn't have a
meeting the 1st of January, like we usually do. And I feel like we have completely gone
off rails and are talking about a subject that is not a part of our agenda, and I have a
problem with that.
So I feel like we need to stick with what our agenda says and I would like to call for a
vote.
MAYOR DICKEY: Thank you. Okay. If you're calling for the question, I need five yesses, I
think.
KALIVIANAKIS: I'd like to make one further comment.
MAYOR DICKEY: She's calling -- are you calling for the question, Sharron?
GRZYBOWSKI: Yeah.
MCMAHON: She called for a vote.
TOTH: Can I second that motion?
GRZYBOWSKI: Yes.
MAYOR DICKEY: Okay. And then, Brenda, I'm sorry but we have to vote on the call to
the question. My --
KALIVIANAKIS: All right. Just point of order. Point of order.
MAYOR DICKEY: Yes.
KALIVIANAKIS: I would like for our town attorney to look into this call to the question
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and probably talk to Joe Neglia who's the number one parliamentarian in the state,
because the call to the question is not appropriate here and it is not designed to cut off
debate --
MAYOR DICKEY: It absolutely is.
KALIVIANAKIS: -- because one side gets the most and so I would be requesting our town
attorney look into this because all this is doing is limiting the debate of this council, that
they -- and on questions --
MAYOR DICKEY: That's, Brenda, the reason --
KALIVIANAKIS: -- that they don't want to hear, like two late applications.
MAYOR DICKEY: We have an attorney here and we'll let him let us know. Aaron, could
you please comment on that, because I know we've heard from Aaron that call to the
question takes precedent over anything else. And that got a second, and so we have to
vote on it before we can discuss anything else.
ARNSON: Yeah. Mayor, that's true. If we have a -- if there is -- and my internet
apparently gave out at exactly the wrong time. But if there was a motion on the floor
and a second, and then there was a motion to call the question and you got a second,
we need to vote on that and it needs to -- first. And it needs to carry by a five/seven
vote. By a five of seven vote.
MAYOR DICKEY: Okay. Let's take a roll call vote on calling for the question, please.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye.
MENDENHALL: Vice Mayor Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Councilmember Friedel?
FRIEDEL: No. Because I had something I wanted to say too.
MENDENHALL: Councilmember McMahon?
MCMAHON: Aye.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Nay.
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MENDENHALL: Councilmember Toth?
TOTH: Aye.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: No.
MAYOR DICKEY: So it failed, right?
MENDENHALL: Yes.
ARNSON: Yes, Mayor. The vote, it fails. Yes.
MAYOR DICKEY: Okay. Gerry, why don't you make your comment, please?
FRIEDEL: So there's two points I want to make and they're relative. Brenda, I think you
have a valid issue or concern. However, there is a difference between the sign and the
liquor application. Because the sign is awfully permanent. So I think that's probably a
big difference in my eyes. So I just wanted to make sure that people understood that
and I think some people were kind of hinting toward that in their explanations as well.
While I think you have a valid point, it's a much more permanent issue that we're
dealing with when it comes to the electronic signs. So I just wanted to make sure
everybody knew what I was thinking on that as well. So with that, I'm done, Mayor.
Thank you.
MAYOR DICKEY: Okay. Thank you. Brenda?
KALIVIANAKIS: Okay. Thank you, Ms. Mayor. I promise I'll make it brief. But Gerry,
while I can appreciate what your statement is, I still would just like to go on the record
to say that in both cases, when it came to Frank and now when it comes to the
Chamber, I don't think that we should be looking at the substance of the underlying
issue. I think we should be looking at the underlying issue, which is, do we grant
extensions on late applications or not?
I think that since there is -- as the people don't want the signs, they comingle -- well, if
we can get a chance to get rid of the signs, I'm not voting for the extension. And so
we're comingling two different, distinct arguments. I think that this council, just by the
extraordinary nature of meeting two days after Christmas, realizes that a mistake was
made, a permit was filed late, and we're trying to make a correction so we can have the
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Wine Walk in January, as has been promoted. And I can appreciate that and I'm going
to vote for it because I was the original person that voted for the one-day extension.
And so I just want to say, I think that we should just keep the two issues, whether we
issue extensions separately from the underlying issue of a Wine Walk or an LED sign. I
think that is irrelevant, even though it's relevant, obviously, to the people who are
voting. That's all I have to say.
MAYOR DICKEY: Thank you. I want to say a couple of things. The other one with the
sign ordinance, by saying -- you're saying, oh, it was just a simple extension, that's all we
were asking for. But not allowing us to discuss or let you know why we felt one way or
another about that extension was certainly relevant to it. And it has nothing to do with
something for friends or anything else. This equal treatment was, you asked for the sign
ordinance extension to be on an agenda, and I put it. And then we had seven members
and they voted the way they wanted to. And that's how that came out.
I am treating this item exactly the same way. I put it on an agenda. Everybody has a
right to vote however they want on it. And I don't think this is anywhere near the same
or equal, as what asking to give an extension for any ordinance. But in fact -- the fact
that we didn't give the extension to that one ordinance, I think you're using the word,
"precedent", but I don't really agree with that wholeheartedly because I think items are
different and circumstances are different. And I'm very comfortable voting in favor of
this. And I would like to see if there's any other comments or anything. I don't see any
hands.
In that case, could we get a roll call, please?
MENDENHALL: Councilmember Friedel?
FRIEDEL: Aye.
MENDENHALL: Councilmember McMahon?
MCMAHON: Aye.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Councilmember Toth?
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TOTH: Aye. With a quick note that this is not any extension. This is a ten-day liquor
license. So they haven't missed any deadline.
MAYOR DICKEY: Thank you.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Yes.
MENDENHALL: Is that your "aye"? To clarify.
SKILLICORN: Aye. Or yes.
MENDENHALL: Yes. Perfect. Vice Mayor Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye.
MENDENHALL: It passes.
MAYOR DICKEY: Thank you, everyone. Is there any further business?
All right. Merry Christmas. Happy New Year. Happy holidays.
Having no further business, Mayor Ginny Dickey adjourned the Special Meeting
of the Fountain Hills Town Council held via Microsoft Teams on December 27, 2023, at 3:20 p.m.
TOWN OF FOUNTAIN HILLS
_______________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
__________________________
Linda G. Mendenhall, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the Special Meeting held by the Town Council of Fountain Hills via
Microsoft Teams on the 27th day of December 2023. I further certify that the
meeting was duly called and that a quorum was present.
DATED this 21st Day of February 2024.
_____________________________
Linda G. Mendenhall, Town Clerk
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/21/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Development Services
Prepared by: Paula Woodward, Executive Assistant
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of the First Amendment to the Contract 2021-028.1, a Services Agreement with
Online Solutions, LLC, for Citizenserve electronic application processing software and ongoing
maintenance
Staff Summary (Background)
On January 1, 2021, the Town Council approved a contract with Online Solutions, LLC, for their
Citizenserve software technology to better serve customers and staff for processing Planning and
Building Safety development applications. The software was implemented in October 2021. The
original contract was for the implementation of the electronic permit software program in the
amount of $58,000 for the first year and $27,000 annually for the next four years. The $27,000 annual
bill was for fifteen Citizenserve user subscriptions. The Council considered the First Amendment to
the contract on November 21, 2023, to add one additional user, which changed the annual
subscription amount to $28,800. Following that review by the Town Council, staff identified
additional changes needed to the contract so that amendment was not executed. Staff is bringing the
First Amendment back for re-consideration and approval with additional modifications.
As part of the staff report on the First Amendment, staff informed the Council we were exploring the
option of adding the Code Enforcement Module to our Citizenserve Contract and would come back to
the Council for this contract amendment if necessary.
The Town currently uses a program called See, Click, Fix to allow citizens to report possible code
violations or other issues they may see, such as potholes. This program is simply a reporting tool and
does not provide staff with the ability to track the case and maintain the documentation needed for
code cases. Therefore, staff have to take the information out of See, Click, Fix and move it to Munis
for tracking and follow up. This causes extra work for the code officers, and it is a challenge to keep
the information in See, Click, Fix up to date. Further, Munis was not designed to process code cases,
so it is not user-friendly. With the current programs in use, the citizen reporting the code violation
may not be able to track the progress of Town action on the complaint.
Staff have taken this opportunity to explore the capability of Citizenserve to provide a better, easier to
use, citizen reporting and code enforcement management tool. Citizenserve started as a tool to assist
use, citizen reporting and code enforcement management tool. Citizenserve started as a tool to assist
code enforcement officers to track and report on cases. Similar to See, Click, Fix, it allows citizens to
report issues from their mobile devises or computers. This program allows the code officer assigned
to the case to then fully manage the case in the same program. Because everything is one system,
there is no transfer of information and the reporting party can easily check to see the status of their
complaint. Further, giving the code officers access to Citizenserve will facilitate their ability to access
building permit and planning cases as needed.
The Town has been using Citizenserve for over two years. The program has worked very well for
processing and tracking planning, building permit, and engineering applications. Most citizens have
reported they find the system easy to use and staff is already familiar with the system and can help
anyone having any challenges.
The current contract for See, Click, Fix is $20,000 annually. The start-up cost to configure Citizenserve
is $6,000. The ongoing annual cost will be for five additional licenses at $1,800 each, $9,000 in total.
The annual cost for Citizenserve as reflected in Exhibit C to the contract will be $37,800.
The current contract with See, Click, Fix expires at the end of June 2024. By starting the process now,
the code enforcement module can be configured and ready for public and staff use prior to the
expiration of the See, Click, Fix contract, so there is no impact on a citizen's ability to report an issue.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
The switch from See, Click, Fix to Citizenserve will provide better customer service, save staff time,
and provide a cost savings to the Town. Staff recommends approval of the First Amendment to
contract 2021-028.1.
SUGGESTED MOTION
MOVE to approve the first amendment to the Services Agreement with Online Solutions, LLC, for
Citizenserve and any associated budget transfers.
Fiscal Impact
Fiscal Impact:$1,800
Budget Reference:Dev Services
Funding Source:General Fund
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
Attachments
First Amendment to Citizenserve Contract
Exhibit C-1
Original Contract
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 02/05/2024 04:14 PM
Finance Director David Pock 02/05/2024 06:09 PM
Town Attorney Aaron D. Arnson 02/06/2024 08:24 AM
Town Manager Rachael Goodwin 02/12/2024 05:20 PM
Form Started By: John Wesley Started On: 01/30/2024 03:19 PM
Final Approval Date: 02/12/2024
1
Contract No. 2021-028.1
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS
AND ONLINE SOLUTIONS, LLC DBA CITIZENSERVE
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Online Solutions, LLC, DBA CitizenServe, a(n) Nevada limited liability company (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the “Agreement”), dated January 5, 2021, for the Consultant to provide an electronic permitting system to include on-line plan submittal, electronic plan review, and remote logging of
inspections (the “Services”). All capitalized terms not otherwise defined in this First
Amendment have the same meanings as contained in the Agreement. B. The Town has determined that it is necessary to increase funds and add to the scope of the Agreement with the Consultant for the Services.
C. The Town and the Consultant desire to enter this First Amendment to amend the Agreement to (i) add to the scope of the Agreement and (ii) provide for compensation to the Consultant for the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Consultant hereby agree as follows:
1. Compensation. The Town shall pay Consultant an amount not to exceed $196,599.01 for the Services, resulting in an increase of $89,600. The aggregate amount per renewal term shall not exceed $50,000 in any case unless the Agreement is affirmed and ratified
via an executed amendment. All remaining terms and conditions of the Agreement shall remain in
full force and effect.
2
2. EXHIBIT C is hereby replaced by Exhibit C-1 for services as of January 1, 2024 and is incorporated by this reference.
3. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268
Attn: Rachael Goodwin Town Manager
With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney If to Consultant: Online Solutions, LLC dba CitizenServe 1101 E. Warner Rd, Suite 160
Tempe, Arizona 85260
Attn: Ray Barker or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 4. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the Agreement shall remain
in full force and effect. 5. Non-Default. By executing this First Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to
this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all
claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived.
3
6. Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz.
Rev. Stat. § 35-393, of Israel.
7. China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees and certifies that it does not currently, and agrees for the duration of this Agreement that Vendor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any
goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Vendor also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents from any claims or causes of action relating to the Town’s action based upon reliance upon this
representation, including the payment of all costs and attorney fees incurred by the Town in
defending such as action. 8. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
EXHIBIT C-1 TO COOPERATIVE SERVICES AGREEMENT
BETWEEN THE TOWN OF FOUNTAIN HILLS AND Online Solutions, LLC (DBA Citizenserve),
[Fee Schedule] See following pages.
Exhibit C
citizenserve e-government software
www.citizenserve.com
1.800.325.9818
All rights reserved. Confidential.
Account Name: Town of Fountain Hills, Arizona
Term: Components to be Implemented:
Billing Cycle: Annual Initial Term: 01/01/2021 – 12/31/2021
Renewal Term 1: 01/01/2022 – 12/31/2022
Renewal Term 2: 01/01/2023 – 12/31/2023
Renewal Term 3: 01/01/2024 – 12/31/2024
Renewal Term 4: 01/01/2025 – 12/31/2025
Building Permits Planning and Zoning
Code Enforcement
Citizen Access Pages
Fees:
Initial Term: 01/01/2021 – 12/31/2021
15 User Subscriptions $1,800 per named user per year $27,000.00
Setup, Training and Implementation $1,200 per named user $18,000.00
System Integration Maricopa County Assessor’s Database
Fountain Hills GIS
Bluebeam
Authorize.Net Payment Processor
Munis Financial Daily Batch File (Payments)
JSON Reports for Consumption by GIS
$5,000.00
$5,000.00
$3,000.00
$0.00
$0.00
$0.00
Initial Term Fees $58,000.00
Renewal Term 1: 01/01/2022 – 12/31/2022
15 User Subscriptions $1,800 per named user per year $27,000.00
1 Prorated User Subscription (05/02/2022 – 12/31/2022)@$1,800 $1,199.01
Renewal Term 1 Fees $28,199.01
Renewal Term 2: 01/01/2023 – 12/312023
16 User Subscriptions $1,800 per named user per year $28,800.00
Renewal Term 2 Fees $28,800.00
Renewal Term 3: 01/01/2024 – 12/31/2024
21 User Subscriptions $1,800 per named user per year $37,800.00
Setup, Training and Implementation $1,200 per named user Code Enforcement $6,000.00
Renewal Term 3 Fees $43,800.00
Renewal Term 4: 01/01/2025 – 12/31/2025
21 User Subscriptions $1,800 per named user per year $37,800.00
Renewal Term 4 Fees $37,800.00
Total Fees $196,599.01
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/21/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Fire Department
Prepared by: Dave Ott, Fire Chief
Staff Contact Information: Dave Ott, Fire Chief
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of a Lease Agreement between the Town and American Medical Response of
Maricopa, LLC (AMR) for the ambulance services.
Staff Summary (Background)
The Town will provide living, sleeping, and parking space for the AMR ambulance crew stationed in
Fountain Hills at Station 2. AMR will pay the Town $31,500.00 for the first year with 3% per year
increases for the term of the Lease. The initial term of the lease is for a one, five-year term with two,
two-year renewals. The Lease will allow for the AMR ambulance to be stationed in Fountain Hills,
greatly increasing their response time for incidents requiring medical transport. AMR previously had
lease agreements with the Town that were tied to the Fire Services Contract that expired on
12/31/2023. This lease is comparable to the old lease with updated terms.
Related Ordinance, Policy or Guiding Principle
The guiding principle is to provide a high level of care and transport for the residents of Fountain Hills.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the proposed lease with AMR for space at 10650 N. Fountain Hills Blvd.
SUGGESTED MOTION
MOVE to Approve the Lease Agreement between the Town of Fountain Hills and AMR for five years
with the two renewals.
Attachments
AMR Lease for Station 2
Form Review
Inbox Reviewed By Date
Fire Chief (Originator)Dave Ott 02/07/2024 07:15 AM
Finance Director David Pock 02/08/2024 09:19 AM
Town Attorney Aaron D. Arnson 02/08/2024 10:07 AM
Town Manager Rachael Goodwin 02/12/2024 05:20 PM
Form Started By: Dave Ott Started On: 02/07/2024 06:38 AM
Final Approval Date: 02/12/2024
ITEM 9. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/21/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by:
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of the recommendation for the appointment of a member to the Town's Boards,
Commissions, and Committees.
Staff Summary (Background)
The Council Subcommittees for the Towns Boards, Commissions, and Committees conduct interviews
and make recommendations for membership based on the term expiration, vacancies from
resignations, or changes in membership eligibility status. Appointments are made each year in April
and October.
The Council Subcommittee for the Strategic Planning Advisory Commission and the Sister Cities
Advisory Commission held a meeting on October 24, 2023, to conduct interviews of residents who
applied for the vacancies on those commissions and made recommendations for appointment to
those committees.
At the Regular Meeting of the Town Council on November 21, 2023, the Town Council approved the
Council Subcommittee’s recommendations for appointment to the Town Boards and Commissions,
which included one appointment each to the Strategic Planning Advisory Commission and the Sister
Cities Advisory Commission.
As of January 2024, the Strategic Planning Advisory Commission has a vacancy due to the resignation
of a member, for a partial term, ending April 30, 2025.
It was determined that the competencies and expertise of a member of the Sister Cities Advisory
Commission are more suitably aligned with the responsibilities and objectives of the Strategic
Planning Advisory Commission.
Related Ordinance, Policy or Guiding Principle
Chapter 2A of the Town Code.
Risk Analysis
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
A recommendation to the Mayor has been made by the Town Staff.
Staff Recommendation(s)
To approve the Town Staff recommendation for the appointment of a member to a Commission:
Strategic Planning Advisory Commission
Appoint ___________________________ for a partial term (2/1/2024 to 4/30/2025)
SUGGESTED MOTION
MOVE to approve the Town Staff recommendation for the appointment of a member to the town's
boards, commissions, and committees, as presented.
Form Review
Inbox Reviewed By Date
Clerk Linda Mendenhall 02/13/2024 10:30 AM
Town Manager Rachael Goodwin 02/14/2024 02:41 PM
Form Started By: Angela Padgett-Espiritu Started On: 02/12/2024 04:58 PM
Final Approval Date: 02/14/2024
ITEM 9. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/21/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Community Services
Prepared by: Patti Lopuszanski, Executive Assistant
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of Resolution 2024-06 and Ordinance 24-07 for the Amendment to Town Code 9-5
Sunset of McDowell Mountain Preservation Commission
Staff Summary (Background)
In cooperation with Community Services, the McDowell Mountain Preservation Commission (MMPC)
ensured the application of the Preserve’s Guiding Principles: To preserve, conserve and protect the
McDowell Mountain Preserve in its natural state. The goal of the MMPC at its inception was to
oversee the development of the Adero Canyon Trailhead (ACT) to completion. At present, all goals
established for the MMPC have been completed and the commission has taken several meetings to
consider the future role of the MMPC. As of the January 2024 meeting, all members voted
unanimously to sunset the commission. A number of operational suggestions, as well as
several commission highlights, are detailed below.
ACCOMPLISHMENTS:
Maintaining the existing, undisturbed desert landscape of the Preserve.
Providing regulations that protect wildlife habitats and limit human encroachment to specific
areas in the Preserve.
Recommending use regulations for the Adero Canyon Trailhead (ACT) that grant public access
into the Preserve
Providing use regulations for the Golden Eagle Trailhead (GET), including access control into the
Preserve through the McDowell Mountain Regional Park (MMRP)
Management of the Preserve Guidelines for the implemented
10 year Trail Master Plan completed
Andrews Kinsey Trail, including the Alternate Bike Trail completed
Lower Sonoran Trail completed
Three trails have been completed out of the six trails recommended in the Trail Master Plan
Ridgeline (Completed 2020)1.
Lower Ridgeline (Completed (2022)2.
North Leg (Completed 2023)3.
Three additional trails were approved by the Town Council in June 2023
Overlook connection to Easy Access Trail1.
Middle Trail (temporary name) above Sonoran / Promenade2.
High Trail (temporary name) above Sonoran / Promenade3.
Once the final trail is built, the commission and staff consider the Preserve to be “built out” which is
consistent with the approved Trail Master Plan.
MOVING FORWARD
The Sonoran Conservancy of Fountain Hills (SCFH) is a 501(c)(3) non-profit organization established to
protect and promote the Fountain Hills McDowell Mountain Preserve, Fountain Hills Desert Botanical
Garden and Lake Overlook Trail for the benefit of the community. It is a volunteer-led organization
and has no paid staff. SCFHs work is supported by contributions received from the public.
The primary objectives of the Conservancy are to:
Support the Town's operational and maintenance priorities
Provide recreational opportunities to enjoy these natural assets
Provide educational opportunities to promote the value of these natural assets
In consideration to sunset the MMPC it is suggested that the Town’s Community Services continue to
support the work of the Sonoran Conservancy Fountain Hills (SCFH), as an operational entity
positioned to work effectively with the group without the MMPC and host meetings with SCFH as
needed to ensure good communication is maintained. The Conservancy’s mission and objectives
relative to the Preserve and the Town’s other open spaces is already well served by its Trailblazers,
Trailhead Hosts, Hike Stewards, Subject-Matter Experts, and Desert Botanical Garden members who
perform the tasks to meet its goals. The majority of the MMPC Commissioners are SCFH volunteers.
Related Ordinance, Policy or Guiding Principle
Town Code Article 9-5.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The McDowell Mountain Preservation Commission voted at their January 23, 2024, meeting to
recommend to the Fountain Hills Town Council to sunset the MMPC effective February 1, 2024.
Staff Recommendation(s)
Staff approves the request by McDowell Mountain Preservation Commission to sunset.
SUGGESTED MOTION
MOVE to approve Resolution 2024-06 and Ordinance 24-07 to sunset the McDowell Mountain
Preservation Commission.
Attachments
Resolution 2024-06
Ordinance 24-07
Form Review
Inbox Reviewed By Date
Finance Director David Pock 02/08/2024 09:13 AM
Town Attorney Aaron D. Arnson 02/08/2024 10:07 AM
Town Manager Rachael Goodwin 02/12/2024 05:35 PM
Form Started By: Patti Lopuszanski Started On: 01/25/2024 11:36 AM
Final Approval Date: 02/12/2024
RESOLUTION NO. 2024-06
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, RELATING TO
THE SUNSET OF THE MCDOWELL MOUNTAIN
PRESERVATION COMMISSION.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the
"Town Council") previously created the McDowell Mountain Preservation
Commission (MMPC), pursuant to Resolution No. 2019-45; and
WHEREAS, the MMPC was formed to advise the Town Council and
Town Manager regarding matters pertaining to the McDowell Mountain
Preserve, until such a time the MMPC is consolidated or abolished.
WHEREAS, the Town Council has determined that the MMPC has
accomplished the purpose for which it was created; and
WHEREAS, the Town Council now desires to sunset MMPC, pursuant
to the Town Council Rules of Procedure, Amended and Restated 2023, Section
9.1(D) Sunset (the "Sunset Rule").
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows:
SECTION l. The recitalsaboveare hereby incorporated as iffully set
forth herein.
SECTION 2. Based on the determination that the MMPC has
accomplished its purpose, theTown Council hereby abolishes the MMPC
pursuant to the Sunset Rule.
SECTION 3. The Town Council hereby expresses itsappreciation for the
hard work and dedication of all who served the Town as members of the
MMPC.
SECTION 4. The Mayor, the Town Manager, the Town Clerk, and the
Town Attorney are hereby authorized and directed totake all steps necessary to
carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of
Fountain Hills, February 21, 2024.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
_______
Ginny Dickey, Mayor Linda Mendenhall, Town Clerk
REVIEWED BY:APPROVED AS TO FORM:
Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney
ORDINANCE NO. 24-07
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, DELETING
ARTICLE 9-5 OF THE FOUNTAIN HILLS TOWN CODE FOR
THE SUNSET OF THE MCDOWELL MOUNTAIN
PRESERVATION COMMISSION.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the
"Town Council") previously created the McDowell Mountain Preservation
Commission (MMPC), pursuant to Resolution No. 2019-45; and
WHEREAS, the MMPC was formed to advise the Town Council and
Town Manager regarding matters pertaining to the McDowell Mountain
Preserve, until such a time the MMPC is consolidated or abolished.
WHEREAS, the Town Council desires to delete Article 9-5 of the
Fountain Hills Town Code and sunset the McDowell Mountain Preservation
Commission as it has been determined that the MMPC has accomplished the
purpose for which it was created; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows:
SECTION l. The Fountain Hills Town Code, Article 9-5 McDowell
Mountain Preservation Commission is hereby sunset.
SECTION 2. Based on the determination that the MMPC has
accomplished its purpose, the Town Council hereby abolishes the MMPC
pursuant to the Sunset Rule.
SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the
Town Attorney are hereby authorized and directed to take all steps necessary to
carry out the purpose and intent of this Ordinance.
[SIGNATURES ON FOLLOWING PAGE]
PASSED AND ADOPTED by the Mayor and Council of the Town of
Fountain Hills, February 21, 2024.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
_______
Ginny Dickey, Mayor Linda Mendenhall, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney
ITEM 9. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/21/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Amanda Jacobs, Economic Development Director
Staff Contact Information: Amanda Jacobs, Economic Development Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of Resolution 2024- 01 Approving a Lease Agreement between the Town of
Fountain Hills and the International Dark Sky Discovery Center.
Staff Summary (background)
In 2018, the Town of Fountain Hills was awarded the rare distinction of being designated an
International Dark Sky Community by the International Dark Sky Association. Today, the Town is the
world’s 17th International Dark Sky Community.
As a result of this designation, local champions began to develop the concept of a research and
learning facility that explores and celebrates the night sky. The culmination of these efforts is the
International Dark Sky Discovery Center Board of Directors' plan to build a 23,000 sq. ft., nonprofit,
STEM science facility in Fountain Hills, which will include a Dark Sky Observatory, Hyperspace
Planetarium, Inspiration Theater, Night Sky Experience Exhibit Hall, and Einstein Exploration Station.
The non-profit International Dark Sky Discovery Center (IDSDC) will fulfill its educational mission by
supporting STEM programs and fostering partnerships with Arizona State University, area community
colleges, and high schools. The facility will offer programs and experiences to inspire, educate, and stir
imaginations. Additionally, it will address the rapidly growing interest in astrotourism, thus serving as
an educational and experiential attraction for Arizona and beyond. The anticipated uses of the facility
are wide-ranging. They include working partnerships with other institutions, lectures, public viewing
and research in the observatory, video productions, star parties, tours, visits, receptions, and much
more. According to a November 2023 press release by the IDSDC "... our Board unanimously voted to
begin construction of the International Dark Sky Discovery Center. Groundbreaking is planned for
March 2024. The Discovery Center will attract people from around the world and will be a
tremendous asset for both Fountain Hills and the State of Arizona. Sufficient funds exist to complete
the building structure, infrastructure, all the exterior, and parts of the interior. Private donations and
foundations are needed to complete the finishing of the interior. This incredible step forward has
been greatly anticipated since the Board of Directors was formed in 2019."
It is estimated that the Discovery Center will have an estimated construction cost of approximately
$25 million and approximately 5.5 full-time equivalent positions. The IDSDC and the Town wish to
enter into a lease agreement for the Town-owned property located at 12845 North La Montana Drive,
enter into a lease agreement for the Town-owned property located at 12845 North La Montana Drive,
as the designated building site for the facility. The attached Lease Agreement outlines the agreed
upon stipulations and seeks to ensure a balanced partnership for both parties.
Related Ordinance, Policy or Guiding Principle
The lease agreement supports the Town's General Plan, specifically, by maximizing economic
development opportunities in Fountain Hills and supporting strong public/private partnerships to
strengthen the community, ensuring long-term viability, and improving the Town's quality of life. As
well as the Town's Strategic Plan, specifically Targeted Collaborative Economic Development and the
2023-2026 Community Economic Development Strategy (CEDS), Focus Area 5: Tourism, Support the
progress of the International Dark Sky Discovery Center to serve as the national and international
attraction for visitors.
Risk Analysis
If the lease agreement is not approved, Fountain Hills will not reap the direct economic and related
benefits anticipated under the agreement. For further details, the Greater Phoenix Economic Council
(GPEC) provided an economic impact analysis, which is included in Attachment 3.
Additionally, the Dark Sky Discovery Center Board could potentially lose funding for the project.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to adopt Resolution (R)2024- 01 Approving a Lease Agreement between the Town of Fountain
Hills and the International Dark Sky Discovery Center.
Attachments
Resolution 2024-01
Lease Agreement
Dark Sky Discovery Center Impact Analysis
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 02/08/2024 10:02 AM
Finance Director David Pock 02/12/2024 04:31 PM
Town Manager Rachael Goodwin 02/14/2024 02:41 PM
Form Started By: Amanda Jacobs Started On: 02/07/2024 03:06 PM
Final Approval Date: 02/14/2024
RESOLUTION NO. 2024-01
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING A LEASE AGREEMENT WITH
THE INTERNATIONAL DARK SKY DISCOVERY CENTER
RECITALS:
WHEREAS, the Town in 2018 was awarded the rare distinction of being designated an
International Dark Sky Community by the International Dark Sky Association.
WHEREAS, the Town is the world’s 17th International Dark Sky Community.
WHEREAS, the International Dark Sky Discovery Center Board of Directors plans to build a
23,000 sq. ft., nonprofit, STEM science facility, which will include a Dark Sky Observatory,
Hyperspace Planetarium, Inspiration Theater, a Night Sky Experience Exhibit Hall, and an
Einstein Exploration Station and estimated construction cost of approximately $25 million.
WHEREAS, The Observatory will have the largest telescope in the Greater Phoenix Area.
WHEREAS, the Town wishes to enter into a Lease Agreement with the International Dark Sky
Discovery Center to promote and increase economic development and tourism within Fountain
Hills and to obtain such direct benefits and consideration as set forth in the Lease Agreement.
ENACTMENTS:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as
follows:
SECTION 1. The recital above is hereby incorporated as if fully set forth herein.
SECTION 2. The Lease Agreement between the Town of Fountain Hills (the "Town") and the
International Dark Sky Discovery Center (“IDSDC”) is hereby approved in substantially the form
attached hereto as Exhibit A and incorporated herein by reference.
SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to cause the execution of the Lease Agreement and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
21st day of February, 2024.
(Signatures on the following page)
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Linda G. Mendenhall, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney
EXHIBIT A
TO
RESOLUTION NO. 2024-01
(Lease Agreement)
See following pages.
1
LEASE AGREEMENT
BETWEEN
INTERNATIONAL DARK SKY DISCOVERY CENTER, INC.
AND
TOWN OF FOUNTAIN HILLS, ARIZONA
This Lease Agreement (this “Agreement”) is made as of February 21, 2024, by and
between the Town of Fountain Hills, Arizona, an Arizona municipal corporation (hereinafter
referred to as the “Town”) and the International Dark Sky Discovery Center, Inc., an Arizona non-
profit corporation (hereinafter referred to as “IDSDC”).
RECITALS
A. The Town owns fee simple title to the parcel of real property generally located at
12845 North La Montana, Fountain Hills, Arizona, 85268, generally consisting of 1.197 acres +/-
and more particularly described in the legal description in Exhibit A attached hereto and
incorporated herein by reference (the “Property”).
B. The Property is located on the Town’s Civic Center Campus, which is comprised
of the Town Hall, the Town Municipal Court, the Town Community Center, and the River of Time
Museum, among other things. The Property is presently unimproved and unoccupied, and the
Town desires that the Property be used for public purposes consistent with the other uses of the
Civic Center Campus.
C. The Town desires to lease the Property to IDSDC, on the terms and conditions set
forth herein, for the purposes of the construction and operation of an International Dark Sky
Discovery Center (the “Project”), as generally depicted in the preliminary site plan attached hereto
as Exhibit B and incorporated herein by reference. The Project consists of those details and
drawings to be submitted by IDSDC as required by Town Code, Zoning Ordinance, Subdivision
Ordinance, or other rules and regulation for review by Town staff concerning the Property.
D. The Town desires to obtain those public benefits and such consideration as will
accrue from IDSDC’s development of the Property as set forth in this Agreement. The parties
acknowledge that the Project will provide direct pecuniary benefits to the Town as set forth in this
Agreement and specifically in Sections 3 and 4 of this Agreement.
E. Additionally, the parties acknowledge that the Project will provide nonpecuniary
benefits to the Town, including, but not limited to, perpetuating the longstanding relationship
between the Town and IDSDC; partnering with an organization that will materially assist the Town
in preserving its status as one of the few formally recognized Dark Sky communities in Arizona
and the United States; and providing access to educational opportunities for residents of Fountain
Hills. The parties acknowledge that, although difficult to quantify, these benefits constitute
valuable consideration and, in addition to the direct pecuniary benefits described in this
Agreement, are an inducement for entering into this Agreement.
F. The parties also acknowledge that the Project and lease of the Property constitutes
an essential economic development activity within the Town. The parties acknowledge that the
2
Project has an estimated construction cost of approximately $25 million and that, as a result, the
construction of the Project will, among other things, significantly increase the Town’s assessed
property valuation; assist in the creation and retention of jobs, i.e., approximately 5.5 full-time
equivalent positions; generate additional sales tax revenues; and otherwise improve and enhance
the economic welfare of the residents of the Town by expanding educational and tourism
opportunities in Fountain Hills, increasing access to goods and services, and stimulating further
economic development in the Town. The parties acknowledge further that the terms, conditions,
and benefits provided hereunder in this Agreement will in fact serve legitimate economic
development purposes as authorized by A.R.S. § 9-500.11 and that the lease of the Property under
this Agreement is reasonably proportionate to the benefits the Town and the public will derive
from the Project.
NOW, THEREFORE, in consideration of the mutual agreements set forth herein and other
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows.
AGREEMENT
1. LEASE. The Town hereby leases to IDSDC, and IDSDC hereby leases from the
Town, the Property as set forth in Exhibit A. IDSDC makes use of the Property “as is” and, except
as expressly provided in this Agreement, the Town makes no express or implied warranties as to
the physical condition of the Property.
2. TERM. The term of this Lease shall be 50 years, which term shall commence on
February 21, 2024 and shall end on February 20, 2074 (the “Term”). Every 5 years during the
Term, or more often if the parties deem it necessary, the parties shall meet to discuss the terms and
conditions of this Agreement and any amendments that may be necessary or appropriate. On or
before one year prior to the expiration of the Term, the parties shall meet and shall negotiate and,
subject to the Agreement of the parties, may enter into a renewal for an additional term of up to 50
years, provided that at the time of the renewal neither party is in default of any of the terms and
conditions of this Agreement. Nothing in this Agreement shall prohibit the Town from selling,
leasing, utilizing, or otherwise encumbering any other of its real property for any legal purpose.
3. RENT. IDSDC shall pay the Town annual rent in the sum of $10.00. The first
payment of rent hereunder shall be paid at the time of the execution of this Agreement, and each
subsequent payment shall be due on each succeeding anniversary date of this Agreement. IDSDC
may prepay rent owed without penalty.
4. CONSIDERATION TO TOWN. In addition to the rental obligation set forth in
Section 3, above, IDSDC shall also provide the following benefits as consideration to the Town
and its residents:
A. Upon completion of the Project (or, should the Project be completed in phases,
upon completion of the first phase of the Project), IDSDC shall grant the Town elected officials
and Town Manager use of event space(s) in the Discovery Center for any agreed upon purpose in
accordance with a schedule to be agreed upon by the parties and as may be amended from time to
3
time.. The parties acknowledge that the value of use of the Discovery Center to the Town is
reasonably proportionate to similar space rentals in the area.
B. IDSDC shall, in consultation with the Town, install a commemorative public art
installation near the main entrance to the Project, which shall include a plaque that highlights the
partnership between the Town and the IDSDC. IDSDC acknowledges that this art installation does
not substitute for and shall not excuse IDSDC’s compliance with the Town’s Percent for Public
Art Requirement for Development, as set forth in Section 19.05(I) of the Town’s Zoning
Ordinance and in the Town’s Public Art Master Plan, as amended effective May 6, 2021. IDSDC
may comply with the Town’s Percent for Public Art Requirement for Development through any
combination of artwork(s) and installation(s) permitted under Town ordinance or policy.
C. IDSDC shall include the Town seal, logo, or other identifying material, to the
greatest extent possible, on its print and digital marketing material.
D. Upon completion of the Project, IDSDC shall provide Town elected officials and
the Town Manager with complementary docent-led tours of the Discovery Center for visiting
governmental officials and staff, Sister Cities delegations, and developers and significant potential
employers who are considering opening or expanding new businesses within Fountain Hills. The
Town shall advise IDSDC of the need for such tours and provide notice sufficient so as not to
interfere with IDSDC’s quiet enjoyment of the Property.
E. IDSDC shall provide or host educational activities, as set forth in Dark Sky
International’s Annual Requirements, as necessary for the Town to maintain its designation as a
Dark Sky Community. The parties acknowledge that the Town presently bears these expenses in
the form of hosting an annual festival and other events, and that IDSDC bearing these costs
constitutes a direct economic benefit to the Town.
5. USE OF PREMISES.
A. The Property shall be used solely and exclusively for the Project and in accordance
with this Agreement.
B. IDSDC shall not conduct or permit to be conducted any public or private nuisance
or any unlawful or hazardous activity upon the Property. The use of the Property by IDSDC is and
will continue to be subject to all applicable laws and regulations of the State of Arizona and the
Town of Fountain Hills.
C. IDSDC shall not use or permit the Property to be used in any manner that is not in
conformity with all applicable laws, rules, and regulations.
D. The Town and its duly authorized agents, employees, and representatives shall have
the right to enter upon and inspect the Property and all Improvements thereon at reasonable times
and in a reasonable manner.
4
6. CONSTRUCTION AND IMPROVEMENTS.
A. “Improvements” means anything permanent in character that is the result of labor
or capital expended by IDSDC and that has enhanced the value of the Property.
B. IDSDC shall be solely responsible for financing and construction of all
Improvements on the Property and made in connection with the Project, including all buildings,
utilities, landscaping, fixtures, furnishings, and permanent or removable displays and exhibits as
it deems appropriate for the Project at the sole and absolute discretion of the IDSDC.
C. The Town agrees to issue to IDSDC encroachment permits and easements over any
portions of contiguous parcels to the Property owned by Lessor and which are beneficial for the
Project and its use including for vehicular access, pedestrian access, architectural elements,
overhead awnings/shading, and subterranean foundations. Any permits and easements granted
pursuant to this section will run with the title to the Property.
D. IDSDC shall be entitled to the nonexclusive right to use other property owned by
the Town within the Civic Center Campus that is reasonably necessary for parking, pedestrian
access, vehicular access, and ingress and egress to and from the Property.
7. REPAIRS AND MAINTENANCE. IDSDC shall be solely responsible for all
janitorial service to the Property as well as all maintenance and repair of the Property and any
Improvements thereto, and all mechanical fixtures such as heating, air conditioning, plumbing,
and the like. The Town shall be under no obligation to maintain, repair, rebuild, or replace any
Improvement on the Property. IDSDC shall, at its own expense, keep and maintain the Property
and all Improvements thereto in good order, condition, and repair in conformity with all
governmental requirements and applicable laws.
Within 6 months after execution of this Agreement by both parties, the parties shall agree
upon a sum that IDSDC shall contribute annually to the Town, as adjusted for inflation, to defray
the annual maintenance cost of the parking lot and other common areas of the Civic Center
Campus. This annual amount shall be due beginning in 2025 and shall be paid on or before June
30 of each year thereafter during Term of this Agreement.
8. UTILITIES. IDSDC shall be responsible for and pay for all utilities related to the
Property including, but not limited to, water, gas, electricity, sewer, trash removal, cable television,
internet, and any other utility or service. IDSDC shall be responsible for installing and paying for
its own telephone system, and any computer equipment, data lines, internet service, and/or
premium cable service that the IDSDC should elect to install.
9. QUIET ENJOYMENT. Quiet Enjoyment. So long as IDSDC shall perform all
the terms, covenants, and conditions contained herein, IDSDC shall have, subject to the terms and
conditions set forth herein, the right to the peaceful and quiet enjoyment and occupancy of the
Property.
10. REASONABLE CONSENTS; COOPERATION; GOOD FAITH. Reasonable
Consents; Cooperation; Good Faith. Unless specifically provided otherwise in this Lease, all
5
consents and approvals required of the Town, or to be provided by the Town or IDSDC, shall not
be unreasonably withheld, conditioned, or delayed. The Parties shall reasonably cooperate with
each other in effectuating the terms of this Lease, which cooperation shall include, and not be
limited to, executing, acknowledging (if and as required) and delivering instruments other
documents reasonably required to give effect to the intentions of the Parties (including the
realization of the anticipated benefits hereunder) as reflected by this Lease. All actions and
performance by Tenant and IDSDC under this Lease shall be undertaken in a reasonable manner
and in good faith, consistent with the purposes of this Lease and the anticipated benefits of the
respective parties hereunder.
11. NO FEE WAIVERS. Nothing in this Agreement shall be construed by IDSDC or
any court as a waiver of any development impact fees, plan review and inspection fees, public art
fees, or any other fee due to the Town by virtue of construction and completion of the Project.
12. TAXES AND ASSESSMENTS. Upon the effective date of this Agreement,
IDSDC shall timely pay and discharge, without deduction or abatement for any cause, all duties,
taxes, charges, assessments, impositions and payments, extraordinary as well as ordinary,
unforeseen as well as foreseen, of every kind and nature (under or by virtue of any current or
subsequently enacted law, ordinance, regulation or order of any public or governmental authority)
(collectively “taxes”), which during the term are due, imposed upon, charged against, measured
by or become a lien on the Property or the Improvements. IDSDC is not responsible for any taxes
on the Property or the Improvements prior to the effective date of this Agreement.
13. MECHANICS’ LIENS. The Property is public property that is not subject to lien.
Nevertheless, to the extent permitted by law, the following provisions apply. IDSDC shall be
responsible for payment of all costs and charges for any work done by or for it on the Property or
in connection with IDSDC’s occupancy thereof, and IDSDC shall keep the Property free and clear
of all mechanics' liens and other liens and encumbrances resulting from work done for IDSDC or
persons claiming under it; provided, however, that IDSDC may in good faith, and with reasonable
diligence, contest or dispute any such lien claims in any appropriate forum so long as this
Agreement or the Property are not actually in danger of levy or sale. IDSDC expressly agrees to
and shall indemnify and save the Town harmless against liability, loss, damages, costs, attorneys’
fees and all other expenses on account of claims of lien or other encumbrances of laborers or
materialmen or others for work performed or materials or supplies furnished to IDSDC or persons
claiming under it. Further, any contracts between IDSDC or any contractors and subcontractors
shall expressly hold the Town harmless against any liability arising from such contracts, as
described above. Should any such claims of lien or other encumbrances be filed against the
Property or any action affecting the title to the Property be commenced, the party receiving notice
of such lien or action shall immediately give the other party written notice thereof.
14. INSURANCE.
A. IDSDC shall obtain and maintain coverage for comprehensive general liability in
limits of at least $2,000,000.00 combined single limit covering liability, and property damage, autos
owned and non-owned. A certificate shall be provided annually to the Town giving evidence of
required coverages, and IDSDC shall name the Town of Fountain Hills as an additional insured on
all applicable policies.
6
B. IDSDC, should it acquire employees, shall obtain Workers Compensation
insurance in conformance with Arizona Statutes. Certificate of Coverage shall be provided to The
Town.
C. IDSDC shall be responsible for purchase and maintenance of any insurance
covering physical loss to the Improvements on the Property.
D. Insurance companies used to meet these requirements must be licensed or approved by
the State of Arizona. They must have a current A.M. Best Co. rating of at least B+.
E. In the event of a casualty that destroys or substantially impairs use of the Leased
Premises, the Town and IDSDC shall meet and determine the best course of action to perpetuate
the mission and goals of both parties.
15. INDEMNITY. To the fullest extent permitted by law, IDSDC shall indemnify,
defend and hold harmless the Town and each council member, officer, employee, or agent thereof
(the Town and any such person being herein called an “Indemnified Party”), for, from, and against
any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to,
reasonable attorneys’ fees, court costs, and the costs of appellate proceedings) to which any such
Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”),
insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or
based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of
contract of any of IDSDC’s officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement or in connection with their activities on the Property. The amount
and type of insurance coverage requirements set forth in this Agreement will in no way be
construed as limiting the scope of the indemnity in this Section. Notwithstanding anything to the
contrary herein, IDSDC shall not be obligated to indemnify, protect, defend and hold the Town
harmless from and against any claims, liabilities, losses, damages, judgments and suits arising
from the Town’s failure to perform or comply with any of the terms of this Agreement or arising
from the negligent or willful acts or omissions of the Town or any Indemnified Party (as defined
below).
16. PERMITS AND LICENSES. Nothing contained in this Agreement shall exempt
IDSDC and/or any user of the Property from the requirement that they obtain all required State,
County, or Town permits or approvals.
17. STATUS OF IDSDC EMPLOYEES. The parties agree that none of the terms and
conditions of this Agreement contemplate or imply the creation of an employer/employee
relationship and that all employees, agents, contractors, subcontractors and volunteers of IDSDC
have no employment or other legal relationship to the Town.
18. NO PARTNERSHIP. It is expressly understood and agreed that the Town does
not in any way or for any purpose become a partner of IDSDC or a joint venturer with IDSDC in
the conduct of IDSDC’s business or otherwise, and that the provisions of any agreement between
the parties relating to rent or other benefits are made solely for the purpose of providing a method
by which rental and other payments are to be measured and ascertained.
19. ANNUAL REPORT. No later than the end of the first Town fiscal year following
completion of the Project (or should the Project be completed in phases, no later than the end of
7
the first Town fiscal year following completion of the first phase of the Project), IDSDC shall
prepare and deliver to the Town an annual report on attendance and activity. A representative of
IDSDC and the Town Manager or his/her designee shall meet prior to the report delivery and
discuss those issues in which the IDSDC and the Town can work together to assist in the continued
development of the Discovery Center.
20. DEFAULT. If either the Town or IDSDC shall be in default in the performance
of any of the obligations set forth herein, then the non-defaulting party may send notice to the
defaulting party, in writing, setting forth the condition of default and demanding that the default
be cured within 45 days. Should the default not be cured within the 45-day period, then the non-
defaulting party may seek any remedy available in equity and/or law including but not limited to
termination of this Agreement. This default provision shall apply to the entire Agreement except
the provisions regarding payment of insurance premiums and notice of cancellation. In the instance
of all insurance required hereunder, the ability to cure shall be limited to 20 days, and if the Town
is obligated to pay either a renewal or obtain additional insurance to replace cancelled insurance,
the cost therein borne by the Town shall become an immediate obligation of IDSDC and shall be
due and payable in full within 10 days of a receipt by IDSDC of notice of payment by the Town.
If the default cannot reasonably be cured within 45 days, IDSDC or the Town, as the case may be,
shall not be in default if such party commences to cure the default within the 45-day period and
diligently and in good faith continues to cure the default.
21. BANKRUPTCY OR INSOLVENCY. If (i) all or substantially all of IDSDC’s
assets are placed in the hands of a receiver; or (ii) should IDSDC make an assignment for the
benefit of creditors; or (iii) should IDSDC institute any proceedings under any present or future
provisions of the Bankruptcy Code or under a similar law wherein IDSDC seeks to be adjudicated
as bankrupt, or to be discharged of its debts, or to effect a plan of liquidation, composition or
reorganization; or (iv) should any involuntary proceedings be filed against IDSDC under such
bankruptcy laws and not be dismissed or otherwise removed within 30 days after its filing, then
this Agreement shall not become an asset in any of such proceedings or assignment. In addition to
all other rights and remedies of the Town provided hereunder or by law, the Town shall have the
right to declare the term of this Agreement at an end and to re-enter the Property, take possession
and remove all persons, and IDSDC shall have no further claim on the Property under this
Agreement.
22. RIGHTS UPON TERMINATION. If the Agreement should terminate for any
reason prior to the end of the Term or any extension thereof, then the parties shall meet and agree
upon an amount of compensation, if any, due to IDSDC or have its rights hereunder determined
by a competent court of law. Should the Property or the contents thereof be partially or totally
condemned for public purpose through the exercise of the power of eminent domain by anyone
other than the Town, the parties agree that the proceeds of the condemnation shall be divided in
an equitable manner to be determined by agreement of the parties.
23. TERMINATION OF IDSDC. If the IDSDC shall cease to exist as an Arizona
non-profit corporation, then, unless prior to such termination the Town shall have agreed upon the
designation of a successor entity to IDSDC, this Agreement shall terminate and, subject to any
third-party rights, title to all Improvements shall vest in the Town of Fountain Hills.
8
24. NON-WAIVER BY THE TOWN. The failure of the Town to insist upon strict
performance of the terms, conditions and covenants of this Agreement shall not constitute or be
construed as a waiver or relinquishment of the Town’s rights to thereafter enforce any such terms,
conditions or covenants and that the same shall continue in full force and effect.
25. ASSIGNMENT. This Agreement is not assignable by either party in whole or in
part without the express written consent of the other party.
26. JURISDICTION AND VENUE; CHOICE OF LAW. The parties covenant and
agree that in the event of a dispute arising from this Agreement, each party hereto waives any right
to a trial by jury. In the event of litigation, the parties hereby agree to submit any such litigation
to a court of competent jurisdiction located in Maricopa County, Arizona. Notwithstanding
conflicts of laws principles, the laws of the State of Arizona shall apply to and govern this
Agreement.
27. ATTORNEYS’ FEES. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’
fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall
be deemed to have accrued on the commencement of such action and shall be enforced whether or
not such action is prosecuted through judgment.
28. NOTICES. Whenever this Agreement requires that notice be given to a party to
the Agreement, such notice shall be in writing and shall be made by personal delivery to the other
party or sent by U.S. mail, postage prepaid, addressed as follows:
To The Town: Town of Fountain Hills
16550 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
Attention: Town Manager
With Copy To: Town of Fountain Hills
16550 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
Attention: Town Attorney
To IDSDC: International Dark Sky Discovery Center, Inc.
12240 N. Barrel Cactus Way
Fountain Hills, Arizona 85268
Attention: President
International Dark Sky Discovery Center, Inc.
12240 N. Barrel Cactus Way
Fountain Hills, Arizona 85268
Attention: Statutory Agent
9
Any Party or their counsel may later alter the address or addresses to which communications or copies
are to be sent by giving written notice of such change of address in conformity with the provisions of
this Paragraph for the giving of notice.
29. AMENDMENTS. This Agreement may be modified only by a written amendment
signed by persons duly authorized to enter into contracts on behalf of the Town and IDSDC.
30. NO CONSTRUCTION AGAINST THE DRAFTER. No provision of this
Agreement shall be construed by any court against any party hereto by reason of such party’s being
deemed to have drafted or structured such provisions.
31. LAWS; CONFLICTS OF INTEREST. This Agreement is subject to the law of
the State of Arizona and the cancellation provisions of A.R.S. § 38-511.
IN WITNESS WHEREOF, the parties have executed this Agreement as of this 21st day
of February, 2024.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
___________________________________ _________________________________
Ginny Dickey, Mayor Linda G. Mendenhall, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
____________________________________ __________________________________
Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney
EXHIBIT A
TO
RESOLUTION 2024-01
(Legal Description)
See the following pages.
EXHIBIT B
TO
RESOLUTION 2024-01
(Discovery Center Site Plan)
See the following pages.
January 2024
Dark Sky
Discovery
Center
Impact Analysis
602.256.7700 /// gpec.org
Impact Analysis
Overview
Below is an analysis of the Dark Sky Discovery Center’s impact over the next 10 years to
demonstrate the economic value the company will generate in the Town of Fountain Hills.
Based on the assumptions outlined below, the Dark Sky Discovery Center will generate an
estimated $756.5 thousand in direct tax revenues and an additional $22.6 thousand in
indirect tax revenues for a total of $779.2 thousand in tax revenue to the Town of Fountain
Hills over a 10-year period.
In 10 years this company will directly create an estimated $4.3 million of personal income,
plus an additional $1.4 million in indirect personal income for a total of $5.7 million. Over a
10-year period the Dark Sky Discovery Center will create $16.2 million in economic output,
with $11.5 million in direct economic output, and $4.7 million in indirect output.
Assumptions
•Total Employment at the end of 10 Years: 6 jobs
•Total Annual Payroll at the end of 10 Years: $4.3 million
•Total Square Feet of Property: 23,000 square feet by Year 1
•Total Real Property Improvement Investment: $ 27.5 million
•Total Personal Property Investment: $7.1 million
•Total Retail Sales at the end of 10 Years: $2.4 million
10-Year Economic Impact to Town of Fountain Hills
Impact Jobs Personal Income Economic Output Revenues
Direct 6 $4,305,000 $11,463,312 $756,551
Indirect 5 $1,384,255 $4,708,110 $22,638
Total 11 $5,689,251 $16,171,423 $779,185
IMPACT ANALYSIS
2
Direct Revenue and Economic Impact
Year Jobs Personal Income Output Revenues
2024 1 $100,000 $266,279 $228,991
2025 3 $250,000 $665,698 $86,091
2026 6 $415,000 $1,105,058 $14,203
2027 6 $430,000 $1,145,000 $15,798
2028 6 $475,000 $1,264,825 $85,253
2029 6 $490,000 $1,304,767 $17,103
2030 6 $510,000 $1,358,023 $134,553
2031 6 $525,000 $1,397,965 $18,553
2032 6 $545,000 $1,451,221 $19,278
2033 6 $565,000 $1,504,476 $136,728
Total 6 $4,305,000 $11,463,312 $756,551
Year Jobs Personal Income Output Revenues
2024 0 $32,155 $109,364 $526
2025 2 $80,386 $273,409 $1,315
2026 3 $133,442 $453,860 $2,182
2027 3 $138,265 $470,264 $2,261
2028 4 $152,734 $519,478 $2,498
2029 4 $157,557 $535,883 $2,576
2030 4 $163,988 $557,755 $2,682
2031 4 $168,812 $574,160 $2,761
2032 4 $175,243 $596,032 $2,866
2033 5 $181,673 $617,905 $2,971
Total 5 $1,384,255 $4,708,110 $22,638
Year Jobs Personal Income Output Revenues
2024 2 $132,155 $375,643 $229,517
2025 5 $330,386 $939,107 $87,405
2026 9 $548,441 $1,558,918 $16,385
2027 9 $568,264 $1,615,264 $18,059
2028 10 $627,734 $1,784,303 $87,750
2029 10 $647,557 $1,840,650 $19,679
2030 10 $673,988 $1,915,778 $137,235
2031 10 $693,811 $1,972,125 $21,313
2032 10 $720,242 $2,047,253 $22,144
2033 11 $746,673 $2,122,382 $139,698
Total 11 $5,689,251 $16,171,423 $779,185
Indirect Revenue and Economic Impact
Total Revenue and Economic Impact
3
IMPACT ANALYSIS
About GPEC Economic Impact Model
The Greater Phoenix impact model calculates economic and revenue impacts of new
business in the region. The underlying theory behind this regional model is that all
communities benefit when a new business locates in the region, both in terms of employed
residents and new revenues. The purpose of the model is to show how this distribution of
economic benefits may occur.
Economic Impact
The impact model uses county-level multipliers from the IMPLAN Group for Maricopa
County to calculate direct and indirect impact on specific communities in the Greater
Phoenix region. The model also calculates economic impact to the county and state
economies in terms of new jobs, output, and revenue generated. In addition to jobs, new
businesses create new consumer spending throughout. The payroll from the new
businesses can be converted into effective buying income. On a regional basis, effective
buying income is distributed across retail and service categories based on spending
patterns from the Bureau of Labor Statistics.
Revenue Impact
Direct revenue impacts include revenues generated directly by the businesses, based on
project information such as real property values, employment, direct sales, and local and
nonlocal purchases. Additional revenues generated by related supplier and consumer jobs,
and supported residents are included in the indirect and total impact results. All revenue
projections are in current dollars.
Disclaimer
The results from this analysis suggest only one possible scenario based on given project
parameters and assumptions, and do not exclude other development possibilities under
different assumptions. The economic impact model serves as a tool for basic quantitative
evaluations for economic development projects. The results are based on the current
economic structure of the communities, and current tax rates. The results of the model are
order-of-magnitude estimates and are intended only as a general guide as to show how
businesses and development projects may impact the region.
IMPACT ANALYSIS
Impact Analysis
4
Greater
Phoenix
Greater
Together
602.256.7700 /// gpec.org
ITEM 9. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/21/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Linda Mendenhall, Town Clerk
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: 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.
Staff Summary (Background)
This is a regularly recurring agenda item on the Town Council agenda during the legislative session.
This agenda item aims to obtain consensus from the Mayor and Council on legislative bills and provide
direction, if any, to staff to communicate the town's position on the bills. For every Council meeting,
the Legislative Bulletin will be attached to the Town Council agenda, including legislative analysis of
the bills and their impacts on municipalities. The Mayor and Council will have an opportunity to
review the bills that are under consideration in the Arizona State Legislature and provide direction on
supporting or opposing the bills. The Mayor and Council may also bring up other bills of interest to the
Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
MOVE to provide staff direction on one or more bills being considered by the State Legislature.
Attachments
Legislative Bulletin - Issue 4
Legislative Bulletin - Issue 5
Form Review
Form Started By: Linda Mendenhall Started On: 02/12/2024 01:25 PM
Final Approval Date: 02/12/2024
Legislative Bulletin:
The 2024 Arizona legislative session enters its fifth week, and the state's
complex lawmaking process continues. On January 29th, the Senate deadline to
introduce new bills passed, and now attention turns to the House, where the
cutoff for bill introduction is February 5th. By the end of last week, there had
been 830 legislative measures introduced in the House and 781 in the Senate,
bringing the total number of measures introduced this session to 1,611.
New House Member & Departures
This past week, the House Democratic Caucus gained one new member while
two more resigned. On Thursday, now former Rep. Leezah Sun (D-Avondale)
resigned moments after House Resolution 2005 was introduced which
recommended her expulsion following the House Ethics Committee’s findings
that she engaged in disorderly conduct. The same day, Rep. Amish Shah (D-
Phoenix) resigned to focus on his congressional run in CD1. On Friday, now
Rep. Jevin Hodge (D-Tempe) was sworn-in, filling the seat vacated by former
Rep. Athena Salman who resigned in December. In total, the House Democratic
Caucus is down three members, including the seat left vacant by Rep. Jennifer
Longdon (D-Phoenix) upon her resignation on January 26. The Maricopa
County Board of Supervisors now awaits appointee recommendations from local
precinct committeemen to fill the vacancies.
League Executive Committee
On Friday, February 2nd, the League of Arizona Cities and Towns convened its
quarterly Executive Committee meeting, providing a pivotal forum for municipal
leaders from 25 member cities and towns to gather and discuss pressing issues.
During this strategic session, the executive committee received a visit and
presentation from the State Attorney General, shedding light on critical matters
related to the Arizona Health Care Cost Containment System (AHCCCS) and
the ongoing fraudulent activities surrounding recovery residences. These
residences, often referred to as sober living homes, have become a focal point
of statewide concern. The insightful presentation aimed to deepen the
committee's understanding of the challenges and explore potential collaborative
solutions. This meeting underscores the League's commitment to staying
abreast of emerging issues and facilitating informed discussions among local
leaders to address the complex landscape of municipal governance in Arizona.
League Testimony
The League of Arizona Cities and Towns passionately champions municipal
interests at the state legislature, actively testifying on bills and resolutions that
impact cities and towns. Through collaborative partnerships and proactive
engagement, the League strives to empower local governments, ensuring their
voices are heard. While there are many bills and resolutions that the League
supports, most of the measures the League provided testimony for last week
collectively undermine the League’s ongoing efforts to protect the autonomy of
local governments, limit their flexibility in budgetary decisions, and impose
unnecessary constraints on their ability to regulate and govern effectively. The
League offered crucial insights on several measures, including:
HB 2570 (Planning; Home Design; Restrictions; Prohibition)
This bill poses a threat to local governance by limiting a municipality's authority
to regulate aspects of home design and development. By preventing
municipalities from establishing certain restrictions, such as screening
requirements, walls, or private streets, the bill undermines the ability of local
governments to ensure the safety and overall well-being of their communities.
Additionally, the prohibition on regulating design elements for single-family
homes may compromise the municipality's ability to maintain a cohesive and
sustainable urban landscape that provides a sense of place for residents.
HB 2275 (Settlement Agreements; Report; Approval)
This bill imposes burdensome reporting and approval requirements on cities and
towns regarding settlement agreements, adding unnecessary layers of
bureaucracy. Requiring detailed reports and approval processes for settlements
exceeding certain monetary thresholds can hinder the efficient resolution of
legal matters. This additional oversight may deter municipalities from entering
settlements even when it is in the best interest of the community, potentially
leading to protracted legal disputes and court proceedings resulting in increased
costs for local governments.
HB 2584 (Residential Building Materials; Requirements; Prohibition)
This bill interferes with local building regulations by prohibiting municipalities
from adopting or enforcing certain codes related to residential building materials.
By restricting the ability of cities and towns to set standards for construction,
renovation, and maintenance of residential buildings, the bill undermines the
autonomy of local governments to address unique regional considerations and
uphold the safety and quality of housing within their jurisdictions.
HB 2111 (Licensed Facilities; Transfer; Sale; Prohibition)
This prohibits the Arizona Department of Health Services (ADHS) from
processing licensure applications for healthcare facilities amid pending
enforcement or court actions, the bill demonstrates a commitment to robust
regulatory oversight. This provision ensures that any potential issues related to
the current license can be thoroughly addressed before approving a transfer or
sale. Additionally, the requirement for the ADHS to confirm the transfer of all
legal and equitable interests, control, and authority to a new owner before
allowing ownership changes provides a safeguard against disruptions in
healthcare services. The extension of similar regulations to sober living homes
further reinforces consistent standards, promoting fairness and safety across
various types of licensed facilities. Overall, the bill contributes to maintaining the
quality and integrity of healthcare services in Arizona by fostering a careful and
equitable process for ownership transfers.
Track the status of legislative measures here.
Upcoming Hearings
This week, the League will continue to represent municipal interests and testify
on important legislative measures. Be sure to check committee agendas for a
link if you want to tune into a live stream or watch a recorded hearing. Here are
some of the measures the League will testify on this week:
HB 2297 (Adaptive Reuse; Commercial Buildings; Zoning)
House Committee on Commerce
This bill mandates Arizona municipalities to permit "Adaptive Reuse
Development," converting commercial buildings to residential or mixed use
without rezoning, under specific conditions. A strike-everything amendment
would alter this to prohibit rezoning processes for multifamily residential and
adaptive reuse projects on commercial or mixed-use sites. It would further
compel municipalities to approve density standards for all projects up to the
current maximum permitted. The bill’s preemption provisions hamper local
efforts to maintain community character and implement long-range planning
goals.
Position: In Opposition
Hearing: Tuesday, February 6 at 2:00 p.m. in HHR 3
SB 1112 (Planning; Home Design; Restrictions; Prohibition)
Senate Committee on Finance and Commerce
This bill bars Arizona municipalities from enforcing structural design standards
and limits their ability to mandate homeowners' associations or regulate various
aspects of single-family home development in urban areas with a population
over 50,000. While aiming to protect individual preferences, the legislation may
hinder local authorities in maintaining community standards and planning for
diverse housing needs.
Position: In Opposition
Hearing: Monday, February 5 at 2:00 p.m. in SHR 109
SB 1361 (Sober Living Homes)
Senate Committee on Health and Human Services
Over the past few years, cities and towns have witnessed increasing resident
complaints regarding activities at unlicensed and unlawful sober living homes,
which have created a variety of problems for occupants in these homes and for
the surrounding neighborhood. These issues include criminal activity, theft,
assault, overdoses, deaths, and the provision of illicit substances to occupants
of the home.
All these negative consequences place a significant burden on municipal
services such as police, code enforcement, and medical response when
neighborhood complaints or emergencies arise. They also strain services
provided by the Arizona Department of Health Services (ADHS) to investigate
complaints and cease operations that are in violation of state statute or
department regulations.
This bill represents a crucial initiative to enhance the regulation and oversight of
sober living homes to directly address vital concerns related to public health,
safety, and welfare. The bill aims to institute transparent licensure requirements,
standards, and penalties for violations, thus ensuring the well-being of
individuals in recovery and fostering safer communities. It also equips
municipalities and ADHS with essential tools for informed decision-making,
ultimately contributing to the creation of secure, supportive, and accountable
environments for those on the path to recovery.
Position: In Support
Hearing: Tuesday, February 6 at 1:30 p.m. in SHR 1
HB 2719 (Bond Elections; Date; Voter Turnout)
House Committee on Municipal Oversight & Elections
This bill proposes changes, including introducing potential ambiguity in bond
elections, restricting all elections to specific consolidated days, and mandating
bond elections only in even-numbered years. These rigid constraints may limit
municipalities' flexibility to address pressing local issues promptly. The
exemption for charter cities remains unchanged, providing some governance
flexibility. Overall, the bill, while aiming for standardization, may inadvertently
hinder municipalities' effective response to local needs and introduce
complications into the decision-making process.
Position: In Opposition
Hearing: Wednesday, February 7 at 2:00 p.m. in HHR 4
League Resolutions
The League strategically outlines proposed legislative priorities through a series
of resolutions. These resolutions, endorsed by a majority of the Resolutions
Committee composed of all 91 mayors, reflect a unified effort to address crucial
issues and advocate for the collective welfare of Arizona communities. This
comprehensive approach ensures that the League remains an influential force in
shaping policies that directly impact the well-being of Arizona’s cities and towns.
HB 2162 (Municipal General Plan; Adoption)
This bill allows municipalities that have previously approved their general plan at
an election, who have fallen below the statutory population threshold to do so, to
continue to submit their subsequent general plans for ratification by the voters.
Status: Passed House Second Reading on 1/16
HB 2489/SB 1205 (Short-Term Rentals; Ordinance; Limits)
These bills are advantageous for Arizona cities and towns as it grants them the
authority to regulate vacation and short-term rentals through ordinances. By
allowing municipalities to set limits, establish distances, and impose licensing
restrictions, the bills empower local governments to manage their housing
markets effectively, considering the unique needs and circumstances of each
Upcoming Session Deadlines
Every session has deadlines pertaining to bill submissions and hearings.
These are established by Senate and House rule and are subject to change.
This year’s schedule is as follows:
February
Monday 2/5: House Bill Introduction Deadline
Friday 2/16: Last Day to Hear SBs in Senate Committees and HBs in House
Committees
March
community.
Status: SB 1205 awaiting hearing of Senate Government Committee
SB 1030 (Correctional Facilities; Body Scanners)
This bill benefits Arizona municipalities by expanding the entities authorized to
request x-rays or body scans on inmates in correctional facilities. Including
political subdivisions of the state in this process enhances security measures
and aligns with the state's commitment to maintaining safety at correctional
facilities.
Status: Passed Senate Third Reading, Transmitted to House on 2/1
Reminders
Bill Monitoring
Stay informed about legislation that affects municipalities throughout the state.
Track proposed bills and resolutions, stay updated on their progress, and
actively engage in the democratic process. Here are some priority measures
that the League is tracking: https://azcapitolreports.com/report/EGjm
Monday Conference Calls
Join us every Monday at 10:00 a.m. for crucial legislative updates tailored for
municipal leadership and staff. Our conference calls provide timely information
on legislative developments, ensuring that you stay well-informed and equipped
to navigate the ever-changing municipal landscape. Do not miss key insights
that can impact your city or town’s policies and decisions. Mark your calendar
and dial in for a focused briefing to start your week.
Friday 3/22: Last Day to Hear SBs in House Committees and HBs in Senate
Committees
AprilFriday 4/12: Last Day for Conference Committees
Tuesday 4/16: 100th Day of Session
Legislative StaffYou can contact our legislative division at (602) 258-5786 or email using the
information below:
Tom Savage, Legislative Director: tsavage@azleague.org
Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org
Adam Babica, Legislative Associate: ababica@azleague.org
Rachel Merritt, Legislative Intern: legisintern@azleague.org
#Keepup withus on Twitter.
Keep up with the issues and events.
CLICK HERE
Legislative Bill Monitoring
Stay informed about legislation that may affect municipalities throughout the
state. Track proposed bills, stay updated on their progress, and activelyengage in the democratic process. Here is what the League is tracking.
League of Arizona Cities and Towns
1820 W Washington Street
Phoenix, AZ 85007
info@azleague.org
No longer want to receive these emails? Unsubscribe.
Legislative Bill Monitoring
Legislative Bulletin:
The 2024 Arizona legislative session enters its sixth week, and the state's
complex lawmaking process continues. The deadline to introduce legislation has
passed. By the end of last week, there had been 975 legislative measures
introduced in the House and 782 in the Senate, bringing the total number of
measures introduced this session to 1,757.
New House Member
Last week, the Maricopa County Board of Supervisors appointed Sarah Liguori
to the LD5 seat vacated by former Representative Jennifer Longdon (D-
Phoenix) last month. Rep. Liguori was appointed to the state legislature in
October 2021 to serve the remainder of former Rep. Aaron Lieberman’s term
when he resigned to campaign for governor. Precinct committee members have
also referred three additional names to the Board to fill the legislative district’s
other vacant House seat left by former Rep. Amish Shah, who resigned to
pursue a seat in Congress.
Election Fix
Following public outcry from county election officials throughout the state,
lawmakers overwhelmingly passed HB 2785 primary; identification; canvass;
recounts; ballots (Kolodin) last week. The election calendar combined with the
potential for recounts could have prevented election officials from meeting
federal deadlines and certifying the election in time for the convening of the
Electoral College. The bill makes changes to the elections process to ensure
that military members and overseas voters will have their ballots counted in the
November general election. Other provisions in the bill include moving the
primary election date one week earlier from August 6 to July 30, stipulates when
municipal elections must be canvassed, and requires local clerks' offices to
remain open during the Friday and weekend before and after elections that
include federal races to allow for signature verification.
League Testimony
The League of Arizona Cities and Towns passionately champions municipal
interests at the state legislature, actively testifying on bills and resolutions that
impact cities and towns. Through collaborative partnerships and proactive
engagement, the League strives to ensure local governments’ perspective is
heard in committee. The League provided committee testimony on the following
bills:
SB 1112 (Planning; Home Design; Restrictions; Prohibition)
POSITION: OPPOSE
This bill bars Arizona municipalities from enforcing structural design standards
and limits their ability to mandate homeowners' associations or regulate various
aspects of single-family home development in urban areas with a population
over 50,000. The legislation hinders local planning efforts to maintain community
standards and plan for diverse housing needs. It passed the Senate’s Finance &
Commerce Committee 5-2.
SB 1361 (Sober Living Homes)
POSITION: SUPPORT
This bill passed in the Senate’s Health & Human Services Committee 6-1. It
represents a crucial initiative to enhance the regulation and oversight of sober
living homes to directly address vital concerns related to public health, safety,
and welfare. The bill aims to institute transparent licensure requirements,
standards, and penalties for violations, thus ensuring the well-being of
individuals in recovery and fostering safer communities. It also equips
municipalities and the Arizona Department of Health Services with essential
tools for informed decision-making, contributing to the creation of secure,
supportive, and accountable environments for those on the path to recovery.
HB 2297 (Adaptive Reuse; Commercial Buildings; Zoning)
POSITION: OPPOSE
The strike-everything amendment adopted in House Commerce on a 7-3 vote
prohibits rezoning processes for multifamily residential and adaptive reuse
projects on commercial or mixed-use sites. It would further compel municipalities
to approve density and setback requirements for all projects up to the current
maximum permitted. The bill’s preemption provisions hamper local efforts to
maintain community character and implement long-range planning goals.
HB 2518 (Municipalities; Housing Needs Assessment; Zoning)
POSITION: SUPPORT
This legislation outlines requirements when considering zoning ordinance
amendments, requires a housing needs assessment be conducted every five
years, and compels municipalities to provide a height/density bonus of 10% for
affordable housing developments within a half-mile of a light rail or streetcar
stop. It passed the House Commerce Committee 8-2.
Track the status of legislative measures here.
Upcoming Hearings
This week, the League will continue to represent municipal interests and testify
on important legislative measures. Be sure to check committee agendas for a
link if you want to tune into a live stream or watch a recorded hearing. Here are
some of the measures the League will testify on this week:
SB 1415 (Accessory Dwelling Units; Requirements)
Senate Committee on Finance & Commerce
Requires a municipality with a population of 75,000 or more to adopt regulations
allowing an accessory dwelling unit (ADU) on any single-family residential lot.
The bill further preempts local ADU regulations that establish setback, parking,
and design requirements, among others.
Position: OPPOSE
Hearing: Monday 2/12 at 2:00 p.m. in SHR 109
SB 1506 (Municipalities; Housing; Commercial Redevelopment; Zoning)
Senate Committee on Finance & Commerce
Requires urban communities with a population of more than 150,000 to allow
residential or mixed-use developments on a minimum of 75% of municipal land
zoned for commercial, office, retail, or parking use; outlines allowable limits and
restrictions on new residential and mixed-use developments, adaptive reuse
projects, and commercial redevelopment; and preempts municipal density
standards and requirements for shared amenities and homeowners’
associations.
Position: OPPOSE
Hearing: Monday 2/12 at 2:00 p.m. in SHR 109
HB 2120 (Law Enforcement; Defunding; Prohibition)
House Committee on Military Affairs & Public Safety
Prevents a municipality from lowering police department operating budgets. If a
city or town reduces the budget, they must notify the State Treasurer who must
then withhold state shared revenue equal to the amount of the budget
reduction.
Upcoming Session Deadlines
Every session has deadlines pertaining to bill submissions and hearings.
These are established by Senate and House rule and are subject to change.
This year’s schedule is as follows:
February
Position: OPPOSE
Hearing: Monday 2/12 at 2:00 p.m. in HHR 1
League Resolutions
The League strategically outlines proposed legislative priorities through a series
of resolutions. These resolutions, endorsed by a majority of the Resolutions
Committee composed of all 91 mayors, reflect a unified effort to address crucial
issues and advocate for the collective welfare of Arizona communities.
HB 2162 (Municipal General Plan; Adoption)
Allows municipalities that have previously approved their general plan at an
election, who have fallen below the statutory population threshold to do so, to
continue to submit their subsequent general plans for ratification by the voters.
Status: Scheduled for Committee of the Whole (COW) on Monday 2/12
SB 1429 (Candidates; Electronic Signatures; Limit)
Permits all candidates who are authorized to use the Secretary of State’s online
signature collection system, known as E-QUAL, to collect up to 25% above the
minimum necessary to qualify for the ballot. Current statute only allows for the
minimum number of signatures to be collected using the system.
Status: Scheduled for Senate Elections Committee on Monday 2/12
Reminders
Bill Monitoring
Stay informed about legislation that affects municipalities throughout the state.
Track proposed bills and resolutions, stay updated on their progress, and
actively engage in the democratic process. Here are some priority measures
that the League is tracking: https://azcapitolreports.com/report/EGjm
Friday 2/16: Last Day to Hear SBs in Senate Committees and HBs in House
Committees
March
Friday 3/22: Last Day to Hear SBs in House Committees and HBs in Senate
Committees
April
Friday 4/12: Last Day for Conference Committees
Tuesday 4/16: 100th Day of Session
Legislative StaffYou can contact our legislative division at (602) 258-5786 or email using the
information below:
Tom Savage, Legislative Director: tsavage@azleague.org
Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org
Adam Babica, Legislative Associate: ababica@azleague.org
Rachel Merritt, Legislative Intern: legisintern@azleague.org
#Keepup withus on Twitter.
Keep up with the issues and events.
CLICK HERE
Legislative Bill Monitoring
League of Arizona Cities and Towns
1820 W Washington Street
Phoenix, AZ 85007
info@azleague.org
No longer want to receive these emails? Unsubscribe.
Stay informed about legislation that may affect municipalities throughout the
state. Track proposed bills, stay updated on their progress, and actively
engage in the democratic process. Here is what the League is tracking.
Legislative Bill Monitoring