Loading...
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 TOWN OF FOUNTAIN HILLS DECEMBER 27, 2023 TOWN COUNCIL SPECIAL MEETING MINUTES Page 3 of 11 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. TOWN OF FOUNTAIN HILLS DECEMBER 27, 2023 TOWN COUNCIL SPECIAL MEETING MINUTES Page 4 of 11 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 TOWN OF FOUNTAIN HILLS DECEMBER 27, 2023 TOWN COUNCIL SPECIAL MEETING MINUTES Page 5 of 11 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 TOWN OF FOUNTAIN HILLS DECEMBER 27, 2023 TOWN COUNCIL SPECIAL MEETING MINUTES Page 6 of 11 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 TOWN OF FOUNTAIN HILLS DECEMBER 27, 2023 TOWN COUNCIL SPECIAL MEETING MINUTES Page 7 of 11 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 TOWN OF FOUNTAIN HILLS DECEMBER 27, 2023 TOWN COUNCIL SPECIAL MEETING MINUTES Page 8 of 11 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. TOWN OF FOUNTAIN HILLS DECEMBER 27, 2023 TOWN COUNCIL SPECIAL MEETING MINUTES Page 9 of 11 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 TOWN OF FOUNTAIN HILLS DECEMBER 27, 2023 TOWN COUNCIL SPECIAL MEETING MINUTES Page 10 of 11 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? TOWN OF FOUNTAIN HILLS DECEMBER 27, 2023 TOWN COUNCIL SPECIAL MEETING MINUTES Page 11 of 11 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