HomeMy WebLinkAbout2024.0917.TCRM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
September 17, 2024
A Regular Meeting of the Fountain Hills Town Council was convened at 16705 E.
Avenue of the Fountains in open and public session at 5:30 p.m.
Members Present: Mayor Ginny Dickey: Vice Mayor Brenda J. Kalivianakis;
Councilmember Gerry Friedel; Councilmember Peggy McMahon;
Councilmember Hannah Toth; Councilmember Allen Skillicorn
Staff Present: Town Manager Rachael Goodwin; Town Attorney Aaron ❑.
Arnson; Town Clerk Angela Padgett -Espiritu
TOWN OF FOUNTAIN HILLS
SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
Post -Production File
Town of Fountain Hills
Town Council Meeting Minutes
September 17, 2024
Transcription Provided By:
e5cribers, LLC
Transcription is provided in order to facilitate communication accessibility and may not
be a totally verbatim record ❑f the proceedings.
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TOWN OF FOUNTAIN HILLS
5EPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
MAYOR DICKEY: Good everyone, welcome. Please stand for the pledge and remain
standing if you'd like for the invocation.
ALL: I pledge allegiance to the flag of the United States of America, and to the Republic
for which it stands, one Nation under God, indivisible, with liberty and justice for all.
MAYOR DICKEY: Thank you. Tonight, we have Director Carri Schneider from
Promiseland Preschool.
SCHNEIDER: Good evening. Will you join me in prayer?
Wise and loving Father, first let me say thank you on behalf of everyone here tonight for
life, liberty, and freedom that comes only from you. We thank you, Lord, for the
wisdom of our forefathers who designed our government to run by, and for, the people
who reside in our beautiful towns, cities, states, and nation. Lord, may our mayor and
the council members understand that they are here by the consent of the people, and
the responsibility is to govern in such a way that honors you and the people of our
community. May our leaders conduct themselves tonight with honesty, integrity,
respect, and concern for each other, and the citizens of our town. Lord, lead them in a
way to make wise decisions that benefit the needs and best interest of the people they
serve. It's in your name we pray, Jesus. Amen.
MAYOR DICKEY: Thank you. Roll call, please.
TOWN CLERK: Mayor Dickey?
MAYOR DICKEY: Here.
TOWN CLERK: Vice Mayor Kalivianakis?
KALIVIANAKIS: Here.
TOWN CLERIC: Councilmember Friedel?
FRIEDEL: Present.
TOWN CLERK: Councilmember McMahon?
MCMAHON: Here.
TOWN CLERK: Councilmember Toth?
TOTH: ;-sere.
TOWN CLERK: Councilmember Skillicorn?
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SKILLICORN: Here.
TOWN CLERK: Anyone wishing t❑ address the council regarding items listed on the
agenda or under call to the public should fill ❑ut a request to comment card located in
the back of the council chambers and hand it to the town clerk prior to consideration of
that agenda item. When your name is called, please approach the podium, speak int❑
the microphone, and state your name for the public record. Please limit your comments
to three minutes.
It is the policy of the mayor and council t❑ not comment on items brought forth under
call the public. However, staff can be directed t❑ report back to the council at a future
date or to schedule items raised for a future council agenda.
MAYOR DICKEY: Thank you, Angela, very much. We'll start as always with our reports.
And we'll start with Rachae1, our town manager.
GOODWIN: Great. Thank you, mayor, council. Thanks for everyone being here tonight.
i just have a couple of quick updates. We are back into the full swing of event season. If
you joined us a few minutes early, the homecoming parade was happening just outside
here on the avenue. Later this week, we'll also have our Ballet Lender the Stars ❑n
Thursday down at Fountain Park. So events are back. Thankfully, our weather has
cooperated, as well, and cooled off just a bit.
I'd like to welcome, officially, Angela. Angela Espiritu is ❑ur town clerk. She was in
acting capacity. But as of Thursday, has taken the role on officially. So she is ❑ur new
town clerk. S❑ we're very excited. We're excited t❑ have you there.
And then lastly, just a reminder that for those that may be looking for ways to be
involved in our community, we do have a number of boards and commissions. Later this
fall, we'll have a number of openings, particularly for our Historic and Cultural
Commission.
S❑ if you're interested that's a great way to join us and be part ❑f our community and
volunteer as one of those commissioners. For more information on that, you can find
that online at our website. That's where you can find the application. You can fill it out
and learn more about those recommendations, how that works, the timeline, and all the
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details there. That's everything I got.
TOTH: Well, piggybacking a little bit off Rachael. We do have events back. The Falcons'
homecoming football game is this Friday. I hope to see you all there cheering on our
Falcons. And it looks like ❑ur fall event guide is out. I wanted to give a shoutout to
Amanda. This is maybe the most beautiful thing I've ever seen. This design is gorgeous.
So stop by town hall or the chamber to pick one of those up. And that's all I got.
FRIEDEL: Thank you, Mayor. And I had the privilege of attending the leadership kick-off
that was recently this week, s❑ congratulations to all those in the new class and future
leaders ❑f our town. And als❑ had the privilege of attending a pinning ceremony for the
new fire department here in town. If you haven't been to one of those, it's quite an
event. They all got a pin that say Fountain Hills Fire ❑epartment on it, so that was pretty
exciting and a neat thing to be able to do. And I attended a few chamber events. We
had a mixer and I met some of the new ❑wners up at ADER❑ CopperWynd. And I met
David, the director of sales and marketing up there. So they're going to -- they flat-out
said they plan to do a lot more with the town. So we're really excited about that
partnership and being able to do a lot of work with them and a lot of town events. So
that's kind of cool too.
And then a couple of other ribbon cuttings that we went to. This one was really cool. It
was a second -chance store in the school on the high school campus in Building G. What
a vision and what a neat thing to be able to have for all the students in this town. So
they are accepting donations and if you haven't been there, they'll give you a tour of it.
So it's really exciting and it's packed with stuff for students that need things.
And the other one was the International School of Arizona, which I learned they don't
teach English and -- I'm sorry -- Spanish and French, they teach in Spanish and French,
which is kind of different. And their enrollment is through the roof, they've got like 380
students in there. So it's kind of neat to hear them and they're a new member of the
Chamber, as well. So that's all I have, Mayor.
MCMAHON: Good evening, everybody. And thank you for attending the council
meeting. First off, I would like to say congratulations to the town. They received the
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national award -- the Silver Circle Award -- for our new branding. So congratulations,
Amanda and Steph. I think that's a major honor.
Also, I attended the Fountain Hills Save Our Youth Coalition meeting, the East Valley
Partnership finance committee Board Meeting -- excuse me -- the Valley Metro, and the
APS EVP Statesmen's Luncheon with Mayor Dickey, which was very informative. And
also, I had the privilege of attending our Fountain Hills Fire Department pinning
ceremony. It was really a family affair where the firemen were in their dress blues and
they received their Fountain Hills Fire Department badge. And their wives and kids got
to pin it on their uniform. So it was really a proud moment for everybody in the room.
I also attended the Ragtime play, which was outstanding. J mean, our Fountain Hills
theatre, it is just exceptional. There had to be more than 45 players and singers in that
play, and it was amazing.
The Peach Market, of course, was full, packed and amazing. And this morning, I
attended my first board meeting for the Oakwood Creative Care Center that we hoped
to have a satellite office here in town pretty soon. And of course, as Rachael
mentioned, there's going to be Ballet Under the Stars at 5:30 Thursday night at the park.
I hope you all attend. And our rotary is hosting Oktoberfest on the 27th and 28th at the
park. So thank you.
SKILLICORN: Thank you, Ms. Mayor. Good evening, everybody and thank you all for
coming tonight. Thanks for all the people attending our iivestreaming on You Tube and
on Cox, Channel 11. We really appreciate you being there. If you were here in the room
today, you'd see a very full audience, which we are blessed in Fountain Hills, to always
have really good attendance in Town Council meetings. If you look at some of the other
towns throughout the state, there's, you know, three or four people who show up and
they might be just family members of the Council. So we're blessed in this town to have
a really active public that cares about the future of our town, so that's great.
My report will be a little bit short tonight because I -- I didn't go on vacation this
summer. But i did plan, after the last town council meeting, the day after -- a seven -
state trip. Unfortunately, before I went on my vacation, a friend of mine who was like
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family, passed away of liver failure. And he was somebody I've known for half my life.
And he was just a -- just a wonderful friend. He's being cremated tomorrow. The
services will be following soon. And so that was kind of an auspicious beginning to my
vacation.
But the good news Is, it is fairly wonderful. We visited many of the National Parks, all
the sights and the scenery that the Northwest has to offer and it's numerous. And it's so
great to get away from Fountain Hills even though we love Fountain Hills and -- and see
so much of the rest of the country. We live in this beautiful land. And so I did keep up
with the constituent letters and all the town business while I was gone. But it was very
nice to get away for a little while and I feel refreshed and I'm just happy to be back. And
so this is my report. Thank you, Ms. Mayor.
FRIEDEL: Thank you, Madam Mayor. Welcome, Fountain Hills. Thank you for attending
tonight. I will be brief but I can't not do a shoutout for all the young entrepreneurs at
the Peach Market this Saturday. So if you get an opportunity to come on down to that,
that will be great. And on that note, from the events standpoint, there is a website
called experiencefountainhills.org, literally just spell it out, experience Fountain Hills dot
org, which has got to have the best calendar events in town. So if you're looking for
whatever events going on, you want to -- you want t❑ participate, that's the first thing
you can just go to. And, you know, literally, like every -- almost every day there is an
event here in town, especially this time of year, that you can participate in,
And I also want to do a shoutout to both the Stellar Students and their families, of
course, and in tradition of someone that had departed us, feel free to stay for the rest of
the meeting after you receive your award. Thank you.
MAYOR DICKEY: Thank you for that. We had our Greater Phoenix Economic Counsel
Mayors Supervisors meeting. There's a lot going on in Phoenix, and in the Valley, so
we're happy about that. The East Valley Partnership Statesperson Luncheon, the
pinning ❑f the Fire Department, which Dave did such a wonderful job. And I had been t❑
a couple of those before when my son became a captain. And he was the one holding
the kids and there were a lot of kids crying and laughing and it was just a really
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wonderful first time event here for Fountain Hills. East Valley Mayors had their
quarterly meeting in Gilbert. We had our meeting in Gilbert. The Leadership Academy,
the opening kick-off, I was able to say hello to them. They all had special stories and
reasons why they love Fountain Hills.
The ribbon cuttings, International School -- a lot of school things this time, the
International School, Fountain Hills Middle School, Second Chance school store. And
then an assembly at McDowell Mountain, which was being recognized by-- there's a
project called the --Be Kind Project. And they had been recognized. So it was a bunch
of kids singing and dancing and giving little lessons a little bit. So it was neat. And then
last -- the International Observe the Moon park Sky event was, I think, our first event at
our new Centennial Circle. And they had red lights and it was really neat and enjoyed
that. And looking forward to using that space more, especially now that the weather is
getting better.
So you mentioned Stellar Students. We have Stellar Students here. We don't have our
little Falcons today, but we're going to start with McDowell Mountain. 1'11 read about
the kids here. And our clerk will still do the plaque or the certificate job. And so when I
say your name, I'll talk about you. You come on up and Angela will give you your
certificate and please stay. And then a newspaper will take a picture when we're all
done.
And then after that, I have a couple proclamations that I'll d❑ while I'm down there. So
we're going to start with McDowell, like I said. And Regan Dufour (ph.). Is Regan here?
Yeah, come on up.
First of all, Regan is incredibly helpful. She's always ready to lend a hand. Regan is also
very kind. She treats everyone with respect. Her friendly attitude makes our classroom
a warm and welcoming place. In addition, Regan is a brilliant problem -solver. She can
tackle even the toughest problems with creativity and skill. She knows how to bring out
the best in her group and makes projects enjoyable for everyone. Lastly, Regan is a
wonderful friend. Her positive attitude and friendship make our classroom a better
place. In summary, Regan Dufour is a stellar student because she is helpful, kind, a
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brilliant problem -solver, a great teammate and a true friend. I'm so lucky to have her in
the -- my STEM class. That's Regan Dufour.
Okay. Next, we have Colt Castalanos (ph.). Is Colt here? Come on up, Colt.
First of all -- you can tell this is the same teacher -- first of all, Colt is incredibly
hardworking. He always gives his best efforts on every project and assignment, whether
he's building an invention or solving problems with his team, Colt takes his time and
makes sure he understands everything. He's also very kind. He's always ready to lend a
hand to his friends if they need help. His helpfulness makes our classroom a great place
to learn and work together.
Not only is Colt hardworking and kind, but he's als❑ a great friend. He treats everyone
with respect and makes sure that everyone feels included. I'm so proud of Colt and all
the great things he has done. He is truly a stellar student and I know he will continue to
do amazing things in the future. That's Colt.
All right. We're moving up the middle school. Yolana Alvarenga Cardenas (ph.), are you
here? Come on up, honey.
Yolana has been a math student of mine and who has consistently demonstrated a high
level of dedication, intelligence, and enthusiasm. She's a person of great character and
integrity. She's respected among her peers and teachers alike because she always
demonstrates the Falcon way: respectful, reasonable, safe, and kind. Yolana.
Okay. I'm going to hopefully say your name right, Jackson -- Jackson Lagli-, Laglia (ph.).
Are you here, Jackson? Come on up. As a dedicated student, Jackson works well with
others and always does his personal best. He approaches his work with remarkable
diligence and a genuine passion for learning. He consistently demonstrates what it
means to be respectful, responsible, safe, and kind. He's very polite and a teacher's
pleasure to have in class. Jackson.
Now, we're at the high school. I know we just had the parade, so I hope they're here.
Antigini Lawrence (ph.), is Antigini here? Come on up. All right.
Antigini is a stellar student because she always stands up for what's right. She
volunteers to go above and beyond what is necessary and expected. Recently, she
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began a creative art project in response to reading Lord ❑f the Flies. Her unique
perspective and contributions are valuable in and out of the classroom. Antigini.
And our final student from Fountain Hills High School is Tyler Kolabianki (ph.). Is Tyler
here? Come ❑n up.
When Tyler faces challenges, like Spanish, he never gives up. He tries until he gets it
right. He makes flashcards that helps him memorize and he looks for the chance t❑ use
his Spanish he's learned in class. Furthermore, Tyler is kind, respectful, and courteous
to absolutely everyone in the classroom. He definitely adds a positive element t❑ ❑ur
class. That's Tyler.
Okay. So now we're going to take a picture. And I want to -- since we talk about
leadership, this whole thing is due to a leadership project from several years ago. So all
right, you guys have to get a little closer, i think, for the (indiscernible) over there.
Smile. Is that it? All right. Thank you guys s❑ much.
❑kay. i see Marie (ph.) here, And I think we have a new person from DAR to have
Constitution Week. You want to come ❑n up? You can come. Anybody that wants to,
can come. You're Rachel, right?
MOORE I am.
MAYOR DICKEY: All right. So I'm going to give this to you and you hold it and I'll read it.
And then you can say a few words. ❑kay? So it's Constitution Week. Whereas the
Constitution of the United States of America, the guardian of our liberties embodies the
principles of limited government in a republic dedicated to rule of law -- rule of law.
And whereas September 17th, 2024, marks the 2037th Anniversary of the Framing of
the Constitution of the United States of America by the Constitutional Convention and
whereas it is fitting and proper to accord to official recognition to this magnificent
document and its memorable anniversary and to the patriotic celebrations which will
commemorate it. And whereas public law 915 guarantees the issuing of proclamation
each year by the President of the United States designating September 17th through the
23rd as Constitution Week.
So now therefore, I, Ginny Dickey, mayor of the Town of Fountain Hills, do hereby
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proclaim the week of September 17th through the 23rd as Constitution Week on this --
happens to be the 17th day of September, 2024.
MOORE: Thank you so much, Mayor. We appreciate this honor. And behalf of the DAR,
we are a nonprofit, nonpolitical service organization for women here in Fountain Hills
and across the world. We're one of the largest women's organizations wh❑ participate
and to promote our mission of education, historic preservation, and patriotism, So
thank you for joining us today.
MAYOR DICKEY: Thank you.
MOORE: Can l take a photo?
MAYOR DICKEY: Uh-huh. Would you like to? That's fine. Okay. I guess we got a
picture. Don't be shy. All right. Thank you so much.
MOORE: Thank you so much.
MAYOR ❑ICKEY: Have a great rest of the week.
MOORE: You too.
MAYOR DICKEY: Okay, Aaron. Come on down. This is a proclamation for Pitt Hopkins
Syndrome Awareness Day, a very rare genetic disorder. And after I read it, Aaron will
tell you why it's meaningful. Okay. All right. Whereas Pitt Hopkins Syndrome is a rare
and severe neurological genetic disorder caused by a spontaneous mutation ❑r a
deletion of a TCF4 gene. And Pitt Hopkins affects brain and nervous system
development and is characterized by intellectual disability and developmental delay,
breathing problems, epilepsy, lack of speech and distinctive facial features.
And whereas children with Pitt Hopkins Syndrome typically have a happy, excitable
demeanor with frequent smiling and laughter, fewer than 1,500 people worldwide have
been diagnosed with Pitt Hopkins Syndrome. And even though the cause is known,
there are currently n❑ pharmaceutical treatments available for this disorder.
Whereas the Pitt Hopkins Research Foundation annually celebrates September 18th as
Internation Pitt Hopkins Syndrome Awareness ❑ay to raise awareness and funding for
research. This date was chosen to bring attention to the disorder's cause, which is a
spontaneous musician -- mutation -- they call it the 18th chromosome.
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SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
And whereas the Pitts Hopkins Research Foundation is a volunteer organization of
families and professionals dedicated to finding a cure through research funding,
education, and advocacy, the goal is t❑ bring practical treatment into current medical
use. So therefore, I, Ginny dickey, Mayor of the Town of Fountain Hills, do proclaim
September 18th as Pitt Hopkins Syndrome Awareness ❑ay and encourage all citizens to
increase their awareness and understanding in order t❑ assist those individuals and
families who live with this condition every day of their lives.
And we'll have Aaron explain why he wanted this special mention.
ARNSON: Thank you, Mayor. I appreciate that. Mayor, thank you. And Council, I
appreciate this proclamation. I also didn't know very much about Pitt Hopkins until we
had one of our partners join our firm about a year back. He has a stepson who's now -- I
think about to turn 30 wh❑ -- their life has been directly affected by Pitt Hopkins. And
he requires 24-hour round-the-clock care. And his family has been very, very dedicated
to taking care of him all these years. And it's difficult when there's not a lot of
awareness of that condition. So I appreciate you giving the opportunity and for giving
this proclamation on behalf of Joe, my law partner, and our firm. Thank you very much.
MAYOR DICKEY: Thank you, everyone. So the next item, you can see I have our captain
up here is our -- we do have a presentation from Captain Kratzer from MCSO.
KRATZER: Good evening, Madam Mayor, Vice Mayor, members of the Council. Thanks
for giving me the opportunity to come up and give a quarterly update. One of the first
things I want to discuss -- and most residents of Fountain Hills have probably seen by
now -- and I've talked about it before. But we do have ❑ne of our unmarked Mustangs
that is out and about doing traffic enforcement in the community. And that's been a
great tool for us for traffic enforcement and helping slow some of the speeders down.
The traffic enforcement with that vehicle has been really successful.
In addition to that vehicle, we also have a ghost mark -- that vehicle is ghost -marked, it's
really hard to tell that it does have markings on it. They're reflective at night. You can
see them a lot better when the light hits. But we also have a black Tahoe that's also
ghost -marked that we use for our traffic enforcement. So you'll see that around town.
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You've probably seen it around town stopped -- with vehicles stopped. I know -- I've
had two council members tell me that they've had people speed past them and thinking
having a cop or a deputy here right now would be perfect, and then that Mustang has
flown up and stopped that vehicle. So it is effective. So just reminding people to slow
down.
And then, one of the other things I want to talk about is just -- we'll take -- MCS❑ takes
part annually in the Leadership Academy. We'll have a date with the members of the
Fountain Hill Leadership Academy where we'll d❑ another -- we'll have our drone out --
our large drone -- we'll do a presentation with the drone. I've seen many of the council
members through the Leadership Academy participate in that. And most of the
participants enjoy the drone presentation. And then we'll do a presentation on the
town contract, just so the people in the Academy understand kind of how the town
contact looks and the way it's organized.
The other thing I want to talk about -- over the summer we had three arson incidents
over a period of -- a month period of time. The first one was the Ashbrook Wash fire
that happened on June 4th. The next one was the Fountain Hills High School football
field was damaged by someone damaging the 50-yard line of the field that was just
installed. And then we had playground equipment damaged at the Golden Eagle Park
on July 15th.
I wanted to highlight the work of our detective unit, so our General Crimes Detectives
came out for each of these three incidents and they assumed the investigations. And
they are centralized. They used to be in-house, but they are centralized now. But I just
wanted to highlight, you know, the fact and make sure that the town understands that
even with them not being housed here, and the decision of the Sheriff's ❑ffice to
centralize them, their dedication and persistency in investigating cases in the town. So
in all three of these cases, all three have been solved. All three have charges submitted
on suspects.
The Ash brook Wash fire, they were three juveniles that charges were submitted ❑n
arson. Two teens ages 13, one aged 14. It was situation where they were lighting some
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SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
leaves and shrubbery, playing with fire and it quickly got out of control. They couldn't
stomp it out ❑r put it out. And then they took off running out of being scared. And that
one we had to evacuate several homes and the fire got pretty close to some homes.
Luckily, it didn't damage any structures. But charges were submitted on all three
juveniles to the juvenile court for arson.
The football field damage, $49,000 worth of damage to the football field. The suspect
was a 16-year old student at the school. And charges or arson and criminal trespass
were submitted to the juvenile court on that suspect. And he admitted t❑ it and wrote
an apology letter to the school. And I'm sure through court proceedings, there'll be
restitution.
And then the Golden Eagle Park playground, $24,000 in damage and repair cost. It was
a merry-go-round that was burnt and melted. The shade structure was burnt. And then
the wood chips were burned. In that one, a 16-year old suspect who did not reside in
town -- the other -- the other two incidents, the suspects lived in town. The football
field one, the suspect lived on Fort McDowell, but was a student. This one, the suspect
actually lived out of town in a neighboring city, but was here visiting friends. They were
at the park with friends. But it was a 16-year old subject. He was charged with arson,
criminal damage, and criminal trespass.
So we just wanted to give an update on those cases. I know you were all aware of the
cases when they occurred. But we wanted to give some closure to those and just -- --
and also thank the people who were involved in helping us identify suspects in those
cases or investigative leads: the school officials, town park officials. Even some of the
firefighters at one of the calls identifying one ❑f the kids and knowing who the kid was
and letting deputies know. So those were big. Those are always obviously helpful. And
those leads help solve the cases. So that's all I have. If there are any questions, I'd be
happy to answer them.
MAYOR DICKEY: Got a question?
UNKNOWN: Just a comment.
MAYOR DICKEY: Sure.
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UNKNOWN: Larry, that's great news that you were able to salve all those cases. Thank
you on behalf of the town.
KRATKER: Thank you.
MAYOR DICKEY: Any other questions or comments.
UNKNOWN: Thank you.
KRATKER: Thank you.
MAYOR DICKEY: Thanks a lot, Larry. Next is our call the public. ❑o we have speaker
cards?
CITY CLERK: Yes, Madam Mayor. The town received one online written call t❑ public
regarding stored materials. And then we have two that would like to speak. So first up
is Steve, I think it's Baggio.
BAGGIO: Yep, Baggio.
CITY CLERK: All right. Thank you. And then next, we'll have Kim Bartman.
BAGGIO: Mayor, Vice Mayor, Council, esteemed members of the audience both here
and at home, I'm Steve Baggio, founder and president of the Italian Club here in town,
the Fountain Hills Italian Interest Group. And we awesome -- we have an awesome
town that appreciates different cultures, ethnicities, and groups throughout the year.
As we approach October, we ❑ften associated it with Halloween, ❑ia de Los Muertos -- if
I said it correctly -- and other nationalities and events. Town of Fountain Hills also
recognizes a lot of different groups. October is also Italian -American Heritage and
Culture Month.
And we're seeing if the town could possibly proclaim ❑ctober as Italian -American
Heritage and Culture Month. And ideally, have the Fountain lit, perhaps, two nights or
one night in the colors green, white, and red in honor of Italian American community
here in town. I also believe that that would help businesses here in town because
myself, and other members of the Fountain Hills Italian Group, would g❑ and celebrate
the festivities and perhaps the restaurants could have some discounts. Although, I'm
watching the pasta, so.
And I'm hoping this can come to fruition because it's just not about Italian culture and
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SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
heritage but also about American culture and heritage. America, after all, the named
after an Italian, Amerigo Vespucci. I know Your Honor is Italian heritage, several
members of our community, hundreds, if not thousands, of residents are of Italian
American culture.
And I think this would be great for the town and I hope we can all pass this and it would
be an ideal situation. And for those Italians at home and residents of Fountain Hills that
are Italian, I say to you, grazie a tutti. Thank you.
BARTMAN: Good evening, Kim Bartman, Fountain Hills resident. I went to the Fountain
Hills homecoming parade, it was awesome. My daughter graduated from Fountain Hills
High 2024, and she -- used to go to that parade when she was itty-bitty and watched all
of those Falcons, you know, in the parade, so it was really cool to go and celebrate and
go to Oka Sushi and be able to watch the parade from there.
So what I'd like to -- I have a question for Allen Skillicorn. I was driving down to get
some new running shoes down in Scottsdale. And I saw all these signs of yours all the
way down way into the heart of Scottsdale, even off of Indian Bend and it said Skillicorn,
safe neighborhoods. Are you running for something? Because it seems really odd that
during this political season, your signs are everywhere, littering the Scottsdale roads.
They already have enough signs without somebody that's not running. So just wanted
to say that. Thanks.
MAYOR DICKEY: Okay. For the future when -- we won't directly address -- we go
through the chair, please. Appreciate it. Thank you. That was it, huh, for cards?
TOWN CLERK: Yes.
MAYOR DICKEY: Did you want to respond at all? No.
SKILLICORN: Well, I believe that (indiscernible) allow us to respond.
UNKNOWN: You're welcome to if you want to.
SKILLICORN: That's fine.
UNKNOWN: (Indiscernible).
MAYOR DICKEY: We next have our consent agenda. Can I please get a motion?
UNKNOWN: (Indiscernible).
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UNKNOWN: Second.
MAYOR ❑ICKEY: Thank you. Roll call.
TOWN CLERK: Councilmember Toth?
TOTH: Aye.
TOWN CLERK: Councilmember Friedel?
FRIEDEL: Aye.
TOWN CLERK: Councilmember Skillicorn?
SKILLICORN: Yes.
TOWN CLERK: Councilmember McMahon?
MCMAHON: Aye.
TOWN CLERK: Vice Mayor Kalivianakis?
KALIVIANAKIS: Aye.
TOWN CLERK: Mayor ❑ickey?
MAYOR DICKEY: Aye.
TOWN CLERK: Consent items passed --
MAYOR DICKEY: Thank you.
TOWN CLERK: -- six to zero.
MAYOR DICKEY. We're getting all used to this. Our first regular agenda item is a
discussion with possible direction about filling vacancy and Councilman Skillicorn
brought this forward. Would you like to introduce it?
SKILLICORN: Yeah. ❑bviously, the statute says that we should fill openings in a timely
basis. And that moving forward with that would definitely fill this in a timely basis. And
we have an even number. Of course if -- we could have things are deadlocked. If three
people voted a consent agenda, we wouldn't be able to vote that consent agenda. S❑ it
would be a wise move to have an odd number here, s❑ we can always have a majority
and to move things forward.
TOWN CLERK: Town council?
UNKNOWN: I'll just add -- just for those who might not know, although the election is
only in 49 days, that new Council is not sworn in until the end of December. And
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therefore the first meeting in January would be their first meeting. So we do still have
the rest of the year, It's unfortunate that my neighbor here had to move. But with that
vacant seat, we do have an individual who has already been elected in the primary, the
people chose her. I think it's only logical to have that person be who HIS the role. And I
believe that that's happened in the past.
MAYOR DICKEY: I'll get speaker cards. But I just wanted to point out that the first
meeting is actually December 3rd, so there will be three meetings. Because we only
have one meeting in November. Yeah. So there's only three meetings between.
Speaker cards, please.
TOWN CLERK: Yes, Madam Mayor. The town received 72 written comments that you'll
find in your -- on your pocket -- 5 were for, 67 were against. And then we have four that
would like to speak. So first up, we will have Crystal Cavanaugh and then next will be
Barry Wolborsky.
CAVANAUGH: Good evening, Mayor, Council. Crystal Cavanaugh, Fountain Hills
resident. I'm just going to lay this out, some of it's been said. But during the July 30th
election period multiple candidates ran for the three council seats that were opening up
in December. The people voted and only one candidate won a seat outright in that
election. That candidate was Gayle Earle. So isn't it logical, and without question, that
this Council should simply respect the vote of the residents by swearing in Ms. Earle
early t❑ replace the vacated seat instead of waiting until December?
Or worse yet, even considering replacing the Grzybowski seat with someone else
entirely for this short period. Someone who was not recently elected by the people of
Fountain Hills. Would anyone on this Council actively be seeking a replacement other
than candidate -elect Earle? What would be the logic in that? And then that random
person steps down in December and only then Ms. Earle is sworn in? Why not get her
on the Council now s❑ that she become acclimated to the role that she will hold for the
next four years?
And I am curious to know whether seeking out other alternatives was simply a rogue
decision by CounciImember Kalivianakis or whether this was a decision that was
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endorsed by the Mayor or Councilwoman McMahon; were you even aware that she was
working against the people and asking others if they were interested in being on the
Council? Feel free to go on the record with your response to those questions, Thank
you.
UNKNOWN: I have a question. Are you kidding me? Were you working behind this
Council's back, Brenda?
MAYOR DICKEY: Let's keep going with the cards and then we'll discuss --
KALIVIANAKIS: Sir, I don't owe you any explanation.
UNKNOWN: Yes, you do.
MAYOR DICKEY: Let's just -- let's just keep going with the public cards. And then we can
discuss the item.
WOLBORSKY: I'm not as famous as Crystal, but I'm Barry Wolborsky and you know me.
The only person on the primary election ballot to garner enough votes and win a
position on the Council without having to run in the general election was Gayle Earle.
Gayle was, and is, the choice of the voters of Fountain Hills.
Some members of the Council, however, have consistently ignored the will of the
voters. Anyone who does not vote for Gayle Earle to fill the position will be announcing
to the voters of Fountain Hills that voters' direction to the Council is irrelevant. They
will be announcing that politics and ego are more important to them than the will of the
voters.
If that occurs, the voters of Fountain Hills can remember the name of those who so
easily ignored their will in the upcoming general election and in future elections, as well.
If Gayle Earle is not elected tonight, I'm sure you will hear a lot of excuses for ignoring
the voters and the voters' will. But regardless ❑f their justifications, facts are facts.
CITY CLERK: Next we have Liz Gildersleeve, followed by Kim Bartman.
GILDERSLEEVE: Good evening, Liz Gildersleeve, Fountain Hills resident. I have some of
the same concerns. Tonight's discussion should be a short one and an easy decision for
all of you because voters have spoken. Gayle Earle was the only candidate who was
elected outright by Fountain Hills voters and the recent primary and is the only one who
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SEPTEMBER 17, 2424 TOWN COUNCIL MEETING MINUTES
should be considered for this vacant seat. That said, there are concerning and credibly
reports that Councilmember Kalivianakis has been actively attempting to recruit other
town residents to fill the vacant council seat. That is pretty outrageous and
inappropriate, especially from someone who lectured us at the last meeting about laws
and the need to follow rules.
The question that I have for you tonight is whether Kalivianakis meddled independently
to circumvent the Council and town staff as she's been known to do before or whether
Mayor dickey instructed Kalivianakis to actively recruit others to fill the vacant Council
seat. Which is it?
Either way, this behavior is not a good look for the Council. And has anyone contacted
Gayle Earlier about starting her term early? If not, why not? She is the most logical and
rightful choice, at least where Fountain Hills voters are concerned. Thank you.
BARTMAN: Kim Bartman. I -- I'm concerned about the early adding Gayle Earle early to
the (indiscernible). I'm concerned about division. I'm concerned that her son wore a
shirt to the meeting with a AR-15 and said I'm straight, white, and deal with it. You
know? That's division that is really sad. And I know she's going to be on the
(indiscernible) in December. But 1 recommend you not vote for her to come -- to start
early. I also know that her family wears the go Skillicorn, you know, Allen Skillicorn
stickers to the meetings. And he has something on Facebook about oh, our plan is
coming together. So I vote no. Thank you.
TOWN CLERK: That is it, Mayor.
MAYOR DICKEY: Thanks, Angela. Further discussion on this item or -- yes, Councilman.
And Vice Mayor, did you have something? I'm sorry. I don't know who was first here.
TOTH: Well, first of all I find it unfortunate that Gayle wasn't here to defend herself for
that list bit. But I actually have a question. This agenda item is put down as discussion
with possible direction. Are we even able to take action on this tonight? We are. Okay.
Great. Well, that's great. So obviously then I would just motion to therefore appoint
Gayle to fill that vacant seat for the end of the year.
FRIEDEL: I'll second that motion. But I have discussion -- I have questions. I know
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what's going on. There's a process that has to be followed for this. And if we have
councilmembers sitting on this (indiscernible) that went around the back of this council
to do something egregious again, I want answers.
MAYOR ❑ICKEY: Can I say something before you do? The item was regarding filling a
vacancy on the Fountain Hills Town Council. 5o how is -- if Vice Mayor asked if other
people were interested, how is that going around process, Councilman?
FRIEDEL: Were any of the other councilmembers involved; was it brought before this
body? No, it wasn't. It was done in secret, not transparent. That's not how we should
be operating. And I think you all know that.
MAYOR DICKEY: 5o was the -- like I said, the item is regarding filling a vacancy on the
Fountain Hills Town Council. 5o how is anything -- and, you know, we don't go back and
forth on this. But I disagree that there's anything --
FRIEDEL: Mayor, were you aware --
MAYOR DICKEY: Excuse me?
FRIEDEL: -- were you aware of the fact that she was doing that?
MAYOR DICKEY: Was I aware --
FRIEDEL: Yes. That she was soliciting --
MAYOR DICKEY: -- that she was thinking of other people --
FRIEDEL: -- ❑ther people when we have a candidate that won --
MAYOR DICKEY: Excuse me.
FRIEDEL: -- the election --
MAYOR DICKEY: Excuse me, sir,
FRIEDEL: -- were you aware of the fact that she was doing that?
MAYOR DICKEY: Excuse me. Was I aware that this was an agenda item --
FRIEDEL: No, that's not what I asked.
MAYOR ❑ICKEY: -- to fill a vacancy and was I aware that she was interested in possibly
other candidates, yes.
FRIEDEL: There's a pattern of behavior here that is not good. First of all, this
councilmember has gone behind this Council's back on numerous occasions and done
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5EPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
stuff that is not transparent and doesn't involve this entire Council and it's got to stop.
MAYOR ❑ICKEY: Council -- Vice Mayor, would you like to speak?
KALIVIANAKIS: Yes, thank you, Ms. Mayor. I don't have to ask permission from this
Council for doing my job. I don't have to consult this Council to do my job. And matter
❑f fact, if I had, I would be violating the open meeting laws. Wh❑ would I contact; who
would I ask for permission to try to get community members to run for this temporary
seat that was vacated by Sharon? I don't understand the argument that I have to get
permission to seek members from the community that would run and serve on this
Council.
I've done a great deal of research online from the Maricopa Governments, from GPEC
and from other thing, and they describe the process to get citizens that would be a good
fit -- to have a process, that we interview them. That we put a committee together and
we appoint. ❑o we have the ability tonight to put Ms. Gayle on? Of course. But is it
compulsory, no, it's not.
I had considered putting -- her on. I decided that that was not something that I wanted
to do. I've been accused recently of living in a fairytale utopia. It was in the Fountain
Hills Times. It was a letter to the editor. And my utopia -- yeah, ideally she would have
run as a nonpartisan candidate, which I think we ail should do.
We are not in the federal government. We are not fighting federal issues. We are not
fighting state issues. We are filling potholes, we are directing money towards
infrastructure, community center. We don't deal with partisan issues.
Unfortunately, in this town, the past couple years, it has become nothing but partisan.
You can look around this town at the signage and you can see, you know, leftists ruin
towns, Mayor Dickey is corrupt. This is not the thing that small towns do. It's corrosive
and -- and it's not good for our town. I wish that Ms. Earle and I have no doubt that she
will serve well and serve the people well and not serve a party and not serve a PAC, but
serve the 25,000 people that she will be sworn under oath to represent. They come
first. They come before you donors, they come before your party, they come before
your PACs. I have served the people -- and I know I've been called a lot of names
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SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
because I didn't follow the PACs. I've always voted my conscience and I will still
continue t❑ vote my conscience. It's gotten me in trouble from both sides. And I will
continue to do that for the next two years.
Now, they said I don't live in Realville, in that letter to the editor. Well, I'm here to tell
you tonight I'm living in Realville tonight. And Realville says that this is a very divisive
election cycle. Realville tells me that we had someone who leaned left and that's who
the people elected. This body With the leftists, with the rightists, with the moderates, If
we were to put Ms. Earle in there, it would put the thumb on the scale and it would lean
hard right. I don't think that would be fair. If we were replacing somebody that was far
right with somebody far left, or somebody that was far right, I don't think it would be
fair either way.
So there's -- the election happened. She earned her seat. She'll be sworn in her seat.
But there's still a lot to go here. We have two more seats to fill. And we have the
Mayor's seat to fill. And that's going to be a big deal. It's going -- to turn the town one
way or the other, right or left. That's for the people to decide.
Now when we had the Sandor vote, the Political Action Committee said that it was too
big for this Council to determine the rezoning and the revitalization of the Target
Center, that it should be put to the people. And they filed a referendum. The papers
weren't signed correctly and filled out correctly; it got thrown out. But that was the
argument that was made. It's too big not to go to the people.
And what I'm telling you tonight is the decision on this Council leaning right, leaning left,
should be made not be these six people, it should be made by you. By the people on TV,
by the people you make it -- because you're going to determine the next two years of
what this Council is going t❑ be composed of. It could be Mayor Friedel, it could be
Mayor Dickey. We know it's going t❑ be Gayle and Allen and Hannah and myself. But
there's two people yet to be determined. And so I'm more than happy to wait until
❑ecember and we'll let the people decide what kind of a council they want then. And as
far as recruiting candidates, I think we should all have been doing it.
TOTH: Well, I agree. It should be chosen by the people. It already was. Gayle was the
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SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
one who made it over the line in the primary. She was chosen by the people of Fountain
Hills, she will be on the Council. It makes sense considering yes, there are only three
meetings left. This is the most logical decision and let's not forget because, you know,
people sometimes can be very good at speaking for long enough that you kind of forgot
what they were talking about.
But let's talk about the very clear admitted political motivation. The reality is the people
have already elected Gayle Earle. Now, let's close our eyes for a moment and pretend
that someone else was who was elected in the primary. How many people do you think
would be speaking at this meeting tearing me apart if I was against putting that person
on the Council? We're all adults in this room. We understand that these things are
political. We understand the political nature of our country right now.
I see that the, you know, my fellow, current councilmembers may be reluctant to fill a
vacant seat. But filling a vacant seat is something that we owe you. You are supposed
to have six councilmembers and a mayor. It is not fair to have you wait for the rest of
the year to have a full council that's able to get work done. Do a count, this a three -
three vote right now. Whether we like it or not, whether we feel like it should be or not,
that is the reality. So do we want a Council that is not able to be productive for the next
couple months or do we want to go with what is objectively the most logical decision.?
Now, the concerns where it comes to recruiting people for three meetings to fill a seat.
It also kind of comes from that political motivation of well, if we find someone else, we
still get a majority. And again, this is a nonpartisan council. 1 was not supported by the
Republican party when I ran. But I don't hide who I am. I'm a Christian Conservative.
I'm a registered Republican. My fellow Councilmember over here ran with me on that
slate as a Republican. So this new preaching of we should all be nonpartisan and
pretend as though we aren't running for a political ❑ffice, I'm sorry, but it's just
dishonest. And I'm not going to -- I'm not going t❑ do that to you. I'm going to treat you
like adults and explain exactly why yes, I support putting Gayle on the Council. She has
already been chosen by you, not me.
FRIEDEL: I just want to say, you talk about division in this town, Brenda.
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TOTH: You're supposed to be talking to the Mayor here?
FRIEDEL: Mayor, you want to talk about division in this town, Mayor? This
councilperson has not only gotten personal emaiIs on the Sandor project, number one,
that was divisive because it wasn't shared with the rest of the Council. That -- that body
of work in and of itself, is a pattern that continues to repeat itself. She tried to rewrite
the SG ordinance -- and I know you said, well, amendments can be made on the fly. Not
that type of amendment. That was nine different changes and they weren't just one
word. Number three, there's a process that we g❑ through to elect somebody for that
vacancy. And that process is they apply, we interview them, and we talk to them.
Nobody knew behind the scenes what was going on with this. That's not right for the
rest of this Council. And it's not right for the residents of this town. The people made
the decision on that spot. Gayle Earle won that election. You don't get to judge for the
rest of the people in this town. Nobody does. They vote -- they voted, they spoke for
that. So I'm in favor of her going in.
MAYOR DICKEY: Ms. Vice Mayor.
KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, just to address Gerry's concerns on the
Sandor project. Boy, this is a tempest in a teapot. I literally got a letter after I told this
Council that I wanted to get a copy of the parking agreement. I was on the record. I
went to town staff and I said, I need the parking agreement in order to vote for the
Sandor project.
I received a total of one email from Sandor. This is the big conspiracy that they've
written letters to the editor and has been all over Facebook. When one person at
Sandor wrote me and said, Brenda is this your email address? And I responded, yes.
That's what this whole thing is -- there were no back and forth.
Matter of fact, had they known my email address, why would they have asked me for
my email address to begin with? If you're writing your sister every day, do you say, hey,
Carrie, is this your email address? I know I've been writing you for the last five years. I
didn't -- they didn't have my email address because I hadn't been corresponding with
them.
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So that is what you guys keep accusing me of. That is a lie. And when I said, yes, this is,
they sent me the parking agreement. And the very next day, I told you that there was a
parking agreement. The very next day I was on record, I was transparent. They filed
five ethics charges against me. It was litigated through an attorney and I won because
people don't understand the ethics code, unfortunately. So that was the Sandor great
conspiracy. One email. Is this your email address, Brenda?
As far as last week I-- that's why I bring this book and this book to every Council
meeting. So I know the rules of procedure that, apparently, Mr. Friedel, even though I
think you've taken courses on this, obviously, don't understand. Any councilperson can
amend a motion. If it's a simple amendment, you just d❑ it verbally. If it's a complicated
amendment, then you -- it's encouraged you do it in writing.
Joe Negiia, who's a personal friend of mine -- that Gerry I think you've met before -- is
the number one parliamentarian in the State of Arizona. He's a parliamentarian that
serves on all the Arizona -- everywhere. I consulted him. And the advice that he gave
me -- the number one parliamentarian in the Arizona -- was if it's a complicated
amendment, put it in writing, which I did.
And I told staff ahead of time that I have an amendment. They suggested I put it in
writing, which I did. And so that was all according to procedure. We don't have to just
vote yes, no, up, down. We can make amendments. And that's what we d❑ all the time.
Now i do a lot of homework and I do a lot of research. And I think people know that and
they tell me that. That agreement fast week, and the amendments I made, would have
made that a much better telecommunications amendment. I discussed that with John
Wesley at length. I discussed that with Aaron at length -- if I'm permitted to do that --
talking to people behind the Council's back.
And those were great amendments, like the slope line that we discussed last week. If
you can put one tower up in place of four, I say why not? Nobody wants towers,
nobody wants to see a tower. So when you put the one tower above the slope line, it
could replace the possible four towers that would have to be down below the hill. And
so maybe if we had petitions for 10 towers -- if we didn't do -- if we did them all below
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the slope line there might be 40 towers. I think it was an agreement that nobody
wanted extra towers, they wanted fewer towers. And so I did the work, I wrote the
amendments and they were not heeded, unfortunately, because they should have been
passed.
And -- again -- I think Gerry's last point was, you know, did -- we have a right to have a
process to fill this seat? Yes, we do. And that's what we should start on and that's what
I started on because we only have three meetings left and I'd like to get that seat filled
as soon as possible.
MAYOR DICKEY: Any other comments or questions? Okay. We have a motion second.
Roll call, please. And I do want to point out, I think that we had four speakers, three,
for, one against. And then we had 67 against and 5 for in -- in cards that were -- and
that were submitted. And I did get a couple of emails, but they were past the
deadline --
TOWN CLERK: Correct, Madam Mayor.
MAYOR ❑ICKEY: -- that were against. ❑kay. Roll call, please.
TOWN CLERK: Councilmember Friedel?
FRIEDEL: Aye.
TOWN CLERK: Councilmember Skillicorn?
SKILLICORN: Yes.
TOWN CLERK: Councilmember McMahon?
MCMAHON: Aye.
TOWN CLERK: Councilmember Toth?
TOTH: Aye.
TOWN CLERK: Vice Mayor Kalivianakis?
KALIVIANAKIS: Nay.
TOWN CLERK: Mayor ❑ickey?
MAYOR DICKEY: No.
TOWN CLERK: The motion fails, three to three.
MAYOR DICKEY: Thank you. Our next item is about a special use permit on Panorama.
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John.
WESLEY: Good evening, Mayor and Council. As stated, this is a request for
consideration of a special use permit on Panorama, just north of Saguaro. This area is
zoned C-3, was platted back in 1973. The lot in question, which is the lot highlighted
here on the -- map, was developed in the late '80s -- 1980s -- that's an office building
with two sides, twelve suites -- office suites total in the building. It's been vacant for a
few years. And the current owner of the building is requesting a residential use for this
building. The C-3 zoning district is a commercial district, does not allow residential use
by right. So there's two options that are available. one would be to rezone the
property to a residential multi -family district -- could be R-3 ❑r R-4 or could request a
special use permit within the C-3 zoning.
The applicant has requested the special use permit as the way to go for getting the use.
This map shows the surrounding zoning, s❑ you'll see the area immediately around this
building is all zoned. The C-3 district, which is our most intense commercial district. A
little further to the north, along Panorama you can see we do have multi -family. And
then also to the south across Saguaro there is multi -family.
Land uses in the immediate area are shown on this one, (indiscernible) storage
activities, auto repair, construction company -- those types of again -- more intense
commercial type activities.
Our general plan has a variety of statements we felt were relevant to this proposal. I
won't read all of these. But there's some here that support the idea that we need a
variety of housing types and locations within the town -- supports a mixed use. The
character area for this portion of Saguaro does though speak to maintaining
nonresidential uses. The zoning ordinance, Section 202, deals with special use permits
and subsection (f)(1)(d) states the conditions that the planning and zoning commission
would use, then those translate up to the Town Council in considering special use
pe rm it.
So looking at each ❑f those conditions -- those requirements for approval -- we see that
the Commission determined that the residential use of this property would not be
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detrimental to the surrounding uses, that it'll benefit the town to have this property
actively used. And that the surrounding (indiscernible) of use will have a nominal
impact on residents living in this building.
Another requirement of the application for a special use permit is a good neighbor
statement. This is a little bit odd way t❑ look at a good neighbor statement. Usually
we're looking at the commercial coming int❑ a residential and how is it not going to
affect that way. So again, it's a little bit odd to look at it in terms of how residents might
be a good neighbor to the commercial, but it is important in this area where we want t❑
make sure we are maintaining that overall commercial use.
And so while the good neighbor statement talks about managing the construction, the
re -construction, (indiscernible) another building, its impact, managing its onsite parking,
contributing the neighborhood safety, and maintaining the property.
So in summary, overall we determined that the proposal meets the standards set in
Section 202(f)(d)(1) for consideration of approval. It would utilize an existing building
and would provide additional variety of housing options in the town and may stimulate
use of property in the area. At the P & Z Commission meeting at August 12th when they
held their hearing there were some concerns expressed by a neighboring property
owner. The applicant explained the need for the use and the Commission voted 4-3 to
recommend approval to the Town Council. So that is my presentation on this. Any
questions you have for me at this time?
MAYOR DICKEY: Thank you. I'm going to open the hearing. And I don't know if there's
a presentation from the applicants or should we take speaker cards? Do you guys want
t❑ present or would you want to wait and see what --
UNKNOWN. Yeah. Wait and see.
MAYOR DICKEY: ❑kay. Why don't we see if we have any speaker cards for this for the
hearing?
TOWN CLERK: Yes, Madam Mayor. The town received four comments in writing, which
were all for. And then we have one that would like to speak in person, and that is Jerrad
Trulson.
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
TRULSON: Ladies and gentleman, my name is Jerrad Trulson. Thank you for the
opportunity to address you tonight. As the owner of a heavy, civil construction
company directly adjacent t❑ the property in question I must -- I must express my strong
opposition to the proposal for converting the office building into residential apartments
in a C-3 zoned area.
Our business, along with several other adjacent companies, operate with early hours
and generate considerable noise. We are involved in activities that are essential to the
infrastructure development, which inherently involve significant noise and disruption.
These activities often start early in the morning and can include heavy machinery,
equipment, and construction processes that are not conducive to residential living.
Excuse me.
Allowing residential use in this commercial zone would introduce conflicts between our
operational needs and the expectations ❑f future residents who may be unprepared for
the realities of living next t❑ a construction storage yard. Additionally, our facility and
neighboring businesses also operate during early and emergency hours. Those
operations are crucial for maintaining public infrastructure and responding to urgent
needs. But they come with unavoidable noise and activity that could severely impact
the quality of life for residents.
Residential units in close proximity to these types of businesses could result in frequent
complaints, leading to potential Conflicts and disruptions that negatively impact both
residents and businesses. Another significant concern is the visibility of our storage yard
from the proposed residential units. Our property is used for storing equipment and
materials essential for our operations. The presence of residential units with clear line
of sight into our storage yard raising serious concerns regarding privacy, security, and
potential liabilities. The visibility of our operations and assets could create security risks
and compromise the efficiency and effectiveness of our business activities.
The C-3 zoning district is designated to support commercial and office uses. And this --
this zoning classification is vital for preserving the economic character of our area. It
ensures that businesses like mine can operate without encroachment from residential
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
developments, which are better suited for designated residential zones. A change in the
usage of office buildings to residential would not only disrupt the balance of land use,
but could also set a troubling precedent for further encroachment int❑ commercial uses.
In summary, the conversion of the office building t❑ residential apartments in the C-3
zone poses several significant risks. It would create conflicts with the existing
businesses that operate with early hours and generate noise, impact the quality of fife
for residents who may not be accustomed to such environments and introduce security
and privacy issues. Furthermore, it undermines the purpose of C-3 zoning designation,
which is to support and protect commercial activities. I urge you to carefully consider
these concerns and recognize that maintaining the integrity of our commercial zone is
crucial for the continued success of our business. Thank you.
TOWN CLERK: We have no other cards.
MAYOR DICKEY: Thanks. Okay. So do you want to discuss now and then if we have
questions we could have you come up or do you have a formal presentation? Please.
ENOS: So hopefully everyone got the submission I emailed to everyone and I think you
did. And if there are any questions in that regard, I'd be happy to answer then. But for
the benefit of anybody else who's here, my name is Christopher Enos. I'm a Fountain
Hills resident and I also have offices at 16235 East Glenbrook Boulevard.
And again, this -- I'll address the concerns of the speaker in a moment. But basically the
understanding has to be there that this is not anything that isn't already written into the
statute. This is an option that is available to this Council when ❑ther existing uses have
failed. And that's what happened here. There's been a disuse of onsite office buildings
and this, unfortunately, is one of them who fell into that. So what is this Council to do;
what was the Planning & Zoning Board to do? Well, you have choices and I laid them
out.
And those choices are, you can either do nothing, let the building continue to remain
fallow. I don't know whether or not it would be able to be supported for very long. It's
going to have upkeep and nobody there to pay for that upkeep or -- and part of that 1
guess you could wait for somebody to come along and hope that maybe somebody is
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TOWN OF FOUNTAIN HILLS
5EPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
going to want t❑ buy this as offices again or rent it as offices again, which hasn't been
the case.
So the final is, I guess, as was suggested, you could have -- maybe the town could buy it
and condemn it, and pay the property owner for that, and bulldoze it. And then God
knows what you would put up. S❑ I don't think any of those options are really viable. I
don't think they're advisable. And what we have here is we have a local resident and his
wife, who wants to take a building that's available, that's still very good looking, very
good shape, redevelop it for a use that's going to be beneficial to this town. It's a use
that is specially permitted. That means that if this Council decides that we're going to
be flexible, we're going to allow this local resident, Mr. Tolis and his wife to develop --
redevelop this parcel, then you'll be alleviating some ❑f the concerns for apartments
and local apartments at that.
So in that regard, we do have other available -- the engineers and architects from --
from the firm who's noted on the -- on the card and the -- also have Mr. Tolis and I
believe Mr. Christensen the current owners also available. He indicated he would be
here this evening. But after that, if there`s any other questions I'll be happy to answer
them if I can.
MAYOR DICKEY: Councilman Friedel.
FRIEDEL: Thank you, Mayor. I just want to say that I've been out to that property three
times. I met with Art, got a -- got a site visit inside, outside that property. And I know
he's going to have a notice in his lease -- which we talked about -- for his tenants to --
that there could be noise on that property. He's also doing a lot of work to minimize
that noise and -- with replacing ❑f windows and doors and -- and other things in there,
There is residential, I believe, one block to the east and one block to the west, currently
right now in that -- same area. And this building has sat empty like two or three years, I
think. S❑ I'm in favor of this project. I think it's going to work ❑ut well. Is it -- is it an
ideal location to have the construction company right next door, probably not. But I like
the use, I like the idea of the apartments going in there. I think it'll -- fit in well in there.
And as long as his ❑ccupants have notice that there could be noise, they can't come to
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
the Council looking for redress because they've been notified and they know what
they're getting into. So i talked to Art about that at length. And I'm for the project. So I
think it's a good project.
MAYOR ❑ICKEY: Councilwoman?
TOTH: If it's okay, Art, I do have a question, or Mr. Tolis. And I do want to thank you,
Art actually gave me a virtual tour today. I wasn't able to get out of the office, so he was
kind enough to FaceTime me and give me a tour of the project. I did want to ask you
though, what conversations have you had with the owner of the construction company
that just spoke with us?
TOLIS: Well, really we've had a phone conversation before the P & Z meeting. And he
expressed his concerns, which is -- which would be a concern of mine, as well, as an
investor in this project. The area itself, I have been walking daily and I walk in the
mornings very early, that whole area. And I also have been over in the evenings. I go
there late nights. And at the P & 2 meeting, the question was asked, how often do you
actually have noise for this emergency response issues that you have with the utilities.
And I don't want to speak for the business owner, however, I believe he had said it was
maybe three times in a year. And it was -- one time in April was the last time that it
happened.
So in hearing that -- and what we discussed at the P & 2 meeting -- is that these are
issues and noises that, I believe, that in many residential areas and areas that already
have residential, we hear noises, we hear firetrucks, we hear emergency vehicles, we
hear traffic. Saguaro Boulevard, which is right adjacent to this, you can see the other
residential homes. So they hear anything that's happening in this area too. S❑ is the
development that's right down the street -- when you stand outside of the building, and
you look down the street, I showed you that on the video today. So there's already
residential there.
There's walkability in the area, there's sidewalks in the area. It's .3 miles from the park.
It's right around the corner from the dog park, Desert Vista Park. So it is an area which
is actually very conducive to that mixed use, which is what a strategic plan and what had
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 17, 2424 TOWN COUNCIL MEETING MINUTES
discussed for developers to look at these opportunities. So this opportunity -- when I
met the owner, Alan, which has been a pleasure to work with -- we have been at this
now for nine months.
I mean, we went into contract in April, but prior to that, i was actually looking to invest
in Fountain Hills. And I have a mortgage business and I have a fitness center. And we're
looking for opportunities, where can we invest and ❑wn the buildings where we're
actually conducting business. 5o this turned into an opportunity that we saw for
housing and the need for housing, that it just worked very, very well. And those of you
who have been there or if you've driven through the area, you'll see the other
residential in the area.
Matter of fact, one of the letters, I believe, that -- and I don't know whether it's
appropriate to read it -- maybe you have read it. But one of the letters is from Monica
who owns the storage facility, which is -- you can see the building right -- right out the
front door of this building. And her mother has been living on that property for 12
years. And she has been there as the property night manager, let's say. ❑kay. But she's
lived in that area for 12 years. And she wrote a letter that stipulated that the noise is
not an issue. It's actually very peaceful and it's very quiet. And that's the same
impression that I had when I was there. I talked to Jamie next door with the automotive
dealership. I went over there and talked t❑ -- to him and his wife. I talked to them the
night of August 12th. She had called, they were out of town. But i had a good, long
conversation with them about the project. And they believe it would actually bring
vitality to the area and actually safety when you have people that are around the area,
just the opposite from having an issue that you're going to have people and you'll have
more crime and things of that nature.
I think it'll be a really nice project. We have the architect here, Ted Peterson. And we
have a team here that's looked at this building, has designed a nice layout for two -
bedroom, one bath, which will really be like a Melrose Place, so to speak. And I think
one of the letters had represented that this is the perfect Melrose Place.
We're going to have six of the units that are going to be handicapped accessible. We
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TOWN OF FOUNTAIN BILLS
SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
don't have to do that. Only one would be required to be handicapped accessible. But
the whole first floor is going to be handicapped accessible. So for seniors or for maybe
veterans or for anyone, for that matter, that is looking for a single and double bedroom
that is handicapped accessible, very easy access to the parking lot. And also incredible
waIkability or rideabiIity that -- the bike path is right outside of the building, as well. So I
think it's going to be a very, very nice project when we're done. I think it's going to be
highly desirable and we're looking to create just a really nice livability far people that
choose to live in Fountain Hills.
MAYOR DICKEY: (Indiscernible).
TOTH: Sorry, Mayor. I did have one other question if it's okay. D❑ you know how many
windows would be facing the construction company? I just -- I agree that the proximity
to the park is wonderful, the dog park. You explained to me you only needed to do one
ADA unit, and you're doing six instead, the entire bottom floor.
TOUS: Is the plan.
TOTH: My concerns for the residents have been very much calmed down. I was right
there on the phone with you, I didn't hear noise. I think it is very great for the residents.
But I do want to ensure that we're looking out for the people who are already there by
rights. So --
TOUS: Okay. So to answer your question --
TOTH: -- I know i gave you a lot of lead -up to that but how many windows?
TOLIS: -- to answer your question -- to answer your question, the two upper units, the
two upper apartments would be the ones that have the -- the view to the east. And I
can promise you with that view, they will be enjoying the sunrise from Four Peaks and
looking at the beautiful mountains. And € highly doubt they'll be looking in the backyard
at the construction site.
In addition, and something that may also help mitigate that visibility, that area behind
the building, there was a utility easement that the town abandoned and now is part of
this property. And that is an area where we are going to create a little bit of a pocket,
kind of park area. And I'm sure that we can create some either a tree line of maybe
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TOWN OF FOUNTAIN HILLS
SEPTEMRER 17, 2024 TOWN COUNCIL MEETING MINUTES
some Italian Spruce, or something that we can even give a little bit more blockage. But
initially there are already quite a bit of vegetation that's in between the two properties
right now. So there is already pretty significant buffer in regards to that.
TOTH: Thank you. And thank you for offering that. I think maybe with a conversation
with the owner, you might be able to help put some of those concerns at ease. Like l
said, I'm just hoping to look out for those that are already there by right. I love your
project. I think the proximity is great. I would, however, like to make a motion to table
to give you time to coordinate with that owner.
TOLIS: Well, 1 respectfully request that you don't do that. And the reason why is
because time is of the essence on this project. This is a very important project that we
need to close and transfer before the end of the year. I'm trying to be very sensitive to
that in regards to my contractual obligations with this right now. We've put a significant
amount of money already up front into moving forward with this.
And the P & Z has already litigated essentially this situation. So it's almost as we have a
double jeopardy here. If we're going to have a situation where I'm going to have to go
back and try to mitigate, which -- something that I don't think needs to be mitigated
because I'm already notifying the tenants. We're already putting it in writing. We've
already agreed at the P & Z meeting that we'd have notification on property -- when we
have an onsite property management that if there's an issue, that the first person that
they are concerned with -- that they're going to address the concerns with -- is going to
be us as the landlords of the property and under management.
So we're going to do everything in our power to make sure. All the other businesses are
also going to be required to adhere to the noise ordinances that our community already
has. So any excessive noise or anything outside of the emergency response situations
that that particular business does have those contracts. And it was already stipulated.
It only happened three times in the last year. I don't think that those three times are
going to be detrimental to people that are looking for a safe place to live that is adjacent
to the parking area and the parks and is just a really, really nice project. I don't think it's
going to be, personally, an issue, otherwise I would not be investing my money in this
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TOWN Of F►?UNTAIN HILLS
SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
project.
MAYOR DICKEY: I'm going to stop you here.
TOTH: I understand.
MAYOR DICKEY: So are you keeping in motion the motion?
TOTH: Yeah. So I don't have a second on that yet. But I want to clarify the motion if I
can, I'm not tabling you indefinitely. I understand you still have a deadline. But I would
like to offer, as an option, to table for two weeks to give us -- to give you some time to
coordinate with that construction owner.
MAYOR DICKEY: Is there a second on that?
SKILLICORN: Second.
MCMAHON: Also, can I make a comment before we vote? Thank you.
MAYOR DICKEY: I think you can only make a comment on the motion to table.
MCMAHON: ❑h, okay.
MAYOR DICKEY: Are you going to make a -- okay -- I have a -- oh, go ahead. Aaron.
ARNSON: So if there's a motion and a second to table pending, the rules say that such a
motion shall be used to -- it's actually a motion to postpone, but regardless, same
principle -- used to dismiss an item on the agenda. The motion is debatable and
because it can be applied only to the main question. Oh, it can only be made while the
main question is immediately pending, a motion to second is ❑n the floor. So if you
want to hold that motion in advance for a minute until there's a main motion pending,
we can just hold it and then vote on that motion first, and then the main motion.
TOTH: Okay.
ARNSON: Sorry, I was just reading the rule and that --
TOTH: If it's all right -- yes, I would --
ARNSON: okay.
TOTH: -- agree to putting a pin in it. The rationale behind this is simply that obviously
this provided some new information. I still like the project. I just -- I understand
concerns about if windows are facing his property and those assets -- construction
equipment is insanely expensive -- the concerns that this person has, I would really
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
appreciate the consideration of them. He is already here by right, by zoning. I want to
provide this special use permit, but I want to ensure our Council is doing everything we
can to look out for who is already there.
MAYOR DICKEY: Can I ask John a question, please? I'd like to ask you question about C-
3 zoning and what else could be by right. And whatever is in there, I know there's
offices, retail, restaurants, so there could be offices, retail, restaurants, or other uses
there that would also have the view of the -- of the other properties and has probably in
the past. Is that not correct? I mean, the window is there. So no matter who is in
would have the ability to look out and see the expensive equipment and such.
WESLEY: Yes, Mayor, that would be true. Whatever use would be in there that's
allowed by the code, they would have -- yes, they could look at the window and -- and
see those things.
MAYOR DICKEY: So the issue of security and such is not triggered because it's
residential, it's just always been that way. That there has always been an ability to see
the other properties, correct?
WESLEY: Yes.
MAYOR DICKEY: Okay. I'm sorry, Councilman.
MCMAHON: Thank you very much.
SKILLICORN: Can I just get a point of clarification before you speak? Thank you very
much. My only point of clarification was former Councilmember Tolis, were you going
to do a presentation tonight for the Council or is it just going to be more of a question
and answer? Before we d❑ motions --
TOLIS: Well, we have --
SKILLICORN: -- I just want to know if you were going to do --
TOLIS: Sure. Yeah, you can -- we have a presentation. John, I don't know where you
have it in the file for -- the P & 2 presentation would be essentially the same
presentation we'd be providing here. And that issue came up in the P & 2 meeting. And
I did speak with the owner of that construction company, prior to even that meeting. So
we're going to have a situation where we agree to disagree. You know, if he's out there
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
with his construction company seven days a week pounding away, I haven't seen It. And
I've been out there for last nine months observing this whole area. It just doesn't be the
case. There's not really a lot of room behind that building except for storing things. And
what was discussed at the P & Z meeting was when the generators turn on when they
have an emergency situation they get fired up and they put their -- change out maybe a
piece of equipment -- and then they're ❑ff to their job. So it's not -- it didn't sound to
me as if it's -- that's where the activity is being -- happening. That's more like a service
of our equipment, this is where we store it. But there's no construction happening in
the backyard of that building. That's my impression.
And then with the other neighbor, the automotive repair, Jamie -- Jamie's property you
can see from the second story too. You can see all the cars in -- in his lot over there.
And Jamie doesn't have a -- they don't have a problem with any of this. This building
was an office building for -- since the '90s. And there's been offices upstairs that have
been overlooking these properties. So there's always been that visibility. So that's not
going to change.
And so I don't think delaying this is going to make anything other than jeopardize the
process that we have to go through in order to finalize this project based on our terms
of our contract.
MAYOR DICKEY: Councilwoman.
TOLLS: And Alan -- this is --
MCMAHON: Thank you.
CHRISTENSEN: I'm Alan Christensen, I'm the current owner. And we've been in that
building -- we've owned it since'96. My office is the top office on the second floor, that
looks right down on his property. It's never been an issue. I've never heard any noise.
There's trees along there that block things. And I think, you know, we've been a, you
know, a good tenant between the two of us. The two of us have worked well and never
had an issue. So I don't see it as a big deal. We have cameras all over the property that
we monitor things with. It's never been any issues going on, or noise, ❑r anything like
that, so.
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
MCMAHON: Thank you very much. I appreciate the presentation and I appreciate what
your intent is. However, I have a hard time with this. This is strictly a commercial
zoning, C-3. I don't see any mixed use allowed. There's no mixed use by right or
anything. Putting apartment buildings in here does not make it a urban neighborhood. I
appreciate that the construction company is having difficulties with it, they're adjacent
to this. They're concerned about having problems with tenants. Now, one minute, let
me finish, please.
I know that you mentioned you're going to keep the fa4ade. It's a commercial building
right now. It's within the zoning rights. And turning it into an apartment and keeping it
looking commercial, doesn't make it a urban attraction to me. I don't know about the
quality of the walkability, et cetera. You know, this is a really dense commercial area
there. And that's what it's supposed to be. I think that you having it in there that you're
going to warn -- warn -- the potential tenants of possible noise and that they're living in
a high density commercial area, you know, people can sign agreements like that all they
want. But tenants are tenants. They have a tendency t❑ complain about noise, et
cetera, especially construction.
What I haven't heard about this is what have you done to market or change the
property in the sense that have you tried to change it or rebuild it into a storage facility
or any other commercial uses besides office? I know based on the report by the
Economic Director, we have condos, a few different buildings in the building phases and
permit phases. 5o to me, it's not like we're really strapped for have -- for having
additional apartments et cetera right now, given we have Park Place. We have the
Target Center et cetera.
5o I don't mean to upset you about this, but I'm just having a hard time granting a
special use permit for this. And I appreciate all the work you've done to it. I don't like
to see vacancies either. But I don't see this as a urban neighborhood and a appropriate
place for an apartment building.
TOLLS: Mayor Dickey, may I respond or --
MAYOR DICKEY: Yeah. You can.
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TOWN OF FOUNTAIN HILLS
SEPTEMDER 17, 2024 TOWN COUNCIL MEETING MINUTES
TOLIS: ❑kay. Mayor Dickey, thank you. Councilman McMahon. I had sent an email to
you and I sent a communication to everyone on the Council that you're welcome t❑
come to this building and to visit the building, and to see the building, and feel the
building. And I believe that -- that that would convince you that this highest and best
use of this building is residential right now. In the code and what I originally had studied
and researched is what are the rights of this building right now and what could be done
to this. And I concluded that the best, highest, and best use is residential and that
special use permit is in the code to allow this Council to make that type of a decision.
There is residential right -- you can see it -- they are already living in this environment
that you portray as heavy commercial, C-3. This is nothing compared to a residential C-
3 -- or excuse me -- C-3 zoning in a larger municipality, a city. This is Fountain Hills,
Arizona. And there is nothing happening over there except for storage units. And we
have the T&T Construction, which is a generational building. They've been there
probably since the '90s too, I would think, right? Is it your dad who started the
business?
UNKNOWN: Grandpa.
TOLIS: Your grandfather. So this is a business that has been neighbors with this building
as an office complex for 30 years. The change of use in this -- I don't believe is going to
adversely affect their business or the tenants' enjoyment of this property. I think
there's going to be noise, the same that there's noise in any other area except for if you
live in a gated community and you are very, very private, Eagle's Nest, things of that
nature. We are living in a community that has noise. And our noise ordinances protect
the rights of everyone, whether it's C-3 or whether it's residential. So I believe that this
Is still a good project that I'm willing to put my name on the line for. And I would
respectfully request -- if you need to see the plans that we've already paid for and we
have -- I don't believe that you must not have seen them. They were all presented to
the P & Z. And they were all in that presentation, as well. And a lot of the concerns and
issues were also addressed at the P & 2 meeting too.
MAYOR DICKEY: Vice Mayor.
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TOWN ❑F FOUNTAIN HILLS
SEPTEM6ER 17, 2024 TOWN COUNCIL MEETING MINUTES
SKILLICORN: Do you have another follow up?
MCMAHON: Well, I wanted to say that this is a small town. This is not a large
municipality. So even the smallest development in town affects their surrounding
neighbors, et cetera. And it is a commercial building. It's not a residential building. And
like Hannah said, you have to respect and listen to the property owners that have been
adjacent to this.
TOLIS: We have letters from --
MCMAHON: I understand that.
TOLIS: -- adjacent people that are in favor in
MCMAHON: But the two -- completely right next to it are not pro this. So I can't ignore
that. And I can't -- it's difficult to sit up here and make a decision about a zoning change
even in -- on a good day. And I think that --there's a reason why this is zoned the way
it's zoned. And I just -- I don't know -- this is to me, not a urban neighborhood.
TOLIS: The neighbor that owns the auto repair --
MAYOR DICKEY: Let me just say one thing. This is not rezoning though, correct?
TOLIS: No. It's
MAYOR DICKEY: -- it's a special use permit, so it's something that --
MCMAHON: (Indiscernible) like that.
MAYOR DICKEY: -- is -- -- I mean, it's in the purview.
MCMAHON: Uh-huh. Okay.
MAYOR DICKEY: Just real quickly, the idea of what could go there anyway. So --
MCMAHON: Uh-huh.
MAYOR ❑ICKEY: -- something couldn't go there like a hotel, right, or -- so it's not -- it's
not that kind of zoning. But again, it could be an office, could be a doctor's office.
MCMAHON: Uh-huh.
MAYOR DICKEY: Could be retail.
MCMAHON: That's still commercial.
MAYORDICKEY: I think --well, yes, it's commercial. But it's also sort of --okay, Mr.
Trulson seemed primarily concerned with the welfare ❑f the people that would be living
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
there, which I thought was great and made sense.
MCMAHON. Uh-huh.
MAYOR DICKEY: The only thing that I think he was reflecting on himself was the security
issue. But I think that would be an issue -- and I think as you pointed ❑ut -- you look out
at that property already right now. All the other properties around there have -- seem
to be in favor in this or not, you know, nobody else has been against it. I do think that
having residential in different zones like this, is something that's in our -- our general
plan. And I understand what you mean, that there are things in the pipeline. But I still
think we have a very big housing need in the Town of Fountain Hills. This type may
actually help some folks be able to live here and afford to live here. But also it's very
walkable, it's by a couple of -- well, a bunch of restaurants. It's by the parks.
UNKNOWN: The deli.
MAYOR ❑ICKEY: The deli. You have little convenience stores. And then, when we have
our events down at the fountain, they could, you know, walk to them. And I also want
to talk about the area where Liberty Auto is, I think, and then the other car storage
place. And there's condos -- ❑r apartments I think -- condos maybe -- right in between
them too. 5o I don't think it's really ❑ut ❑f the purview of what we've done before or
what -- would be, I think -- I think desirable. But anyway, I think Vice Mayor was next.
KALIVIANAKIS: Thank you, Ms. Mayor. Thank you for your thoughtful comments,
former Councilmember. I think this is very innovative. And I think our community is
looking for more housing and I've been an advocate for that. And this really outside the
box. And So I applaud you for the thought that went into this. I know you're a mortgage
broker and a Snap Fitness owner. And I guess now you're going to be kind of mini -
developer. So this is just another hat for you and congratulations to that.
Without getting too deep in the weeds before I address your project, being a developer
as some of the Councilmembers have expressed that had private conversations with you
or what has been referred to ex parte communications with you. And I don't see
anything wrong with that. Even though in the past people have accused this Council and
this Councilmember of talking to developers. But tonight it seems like everybody is okay
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with having private tours and communications with you, so I just want to point that out.
It's fair game for us to talk to developers. And I don't think any untoward happened
there.
i did speak to the other business owners, the Breton's and the upholstery shop. And I
did a walk-through and I talked t❑ people. And some of them were opposed to it
because it might affect their business. But for the most part, the ones that I talked to
were more concerned about the residents that are going to move in there. And our
code states -- and it's kind of like turning our cone on our head -- because it talks about
redeveloping existing buildings for the community, is it unlikely to have a detrimental
impact on public health, safety, peace, or comfort of a surrounding neighborhood.
And most of the people I've talked to were not concerned about the community
because it's all C-3, but about the actual residential. Is it going to affect their public
health, safety, peace, or comfort on the surrounding neighborhood.
And so I do like the project and I'm going to vote for the project. But just -- one thing I
just wanted -- and I feel I need to share this with you -- is, you know, when I went to the
doctor last week, you know, they have you sign all this HIPAA forms and I'm an
attorney -- I don't read them, just check -check -check -check -check. When you sign up
for Facebook, it's 50 pages, check -check -check. We really don't read this stuff,
And so all I would encourage you is -- I realize this is going to be in the lease that the --
this is a C-3 and some of the considerations that people are moving into. But I'm just
hoping that you will make special notice that the people that are tentatively going to
move in there are notified that these are existing businesses that have been performing
there for years and you are moving into a residential -- in a mixed use -- and just make
sure that's crystal clear.
And I know you will because you're a good community member and it's a small town.
And, you know, you don't want to make any enemies. But I would just encourage you,
maybe in a stand-alone form, just let the people know. That would be my biggest
concern. But I really applaud the project. And it's really outside the box and I
congratulate you for it.
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TOLLS: Thank you. Thank you.
SKILLICORN: Thank you, Mayor. I have several points I want to make. The visibility has
always been there. It's not something that's new as indicated by your owner of the
building. You have to get out and see this building. It does look like it could very easily
look like an apartment building. I've been there a number of times. I went there twice
after you and I talked, so. And they were different times of the day, I didn't hear any big
loud booms or noise or anything like that. And for this Council not to consider this after
all the talk about needing apartments in this town, I find that very interesting. Very
interesting. And this is not a rezoning, it's a SUP. So again, it's a special use permit for
that particular parcel. And it is in our general plan to have these sprinkled around. So
again, I like the project. I think you put a lot of thought into it, a lot of time, and a lot of
effort. And again, I'm for it.
MAYOR DICKEY: Councilwoman?
TOTH: I just wanted to address what was mentioned a moment ago. Art, did I ask you
for any copies of contracts? Did I; yes or no? Did I ask you for a copy of a contract you
had with any of the surrounding businesses?
TOLIS: All of the contracts, Mayor, all of the contracts have been provided as part of our
application packet that we submitted.
TOTH: Let me rephrase the question. Did I ever ask you for any documentation that
was not provided to the Council; did I ask you for anything that was not offered to the
entire Council?
TOLIS: Mayor, no you just --
TOTH: Yeah.
TOLIS: -- you were very good. We had a nice FaceTime and we spent some time on the
phone. And so that's a I I you --
TOTH: Yeah.
TOLLS: -- asked is just a tour of the building.
TOTH. Thank you. Thank you. And I'm sorry to put you in the middle of that. I wanted
to point out the difference between talking to a potential developer and ensuring that
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I'm not getting any information that is not available to anyone else on this Council, and
some other examples that were made. That's all. Thank you, Art.
MAYOR DICKEY: Councilwoman?
MCMAHON: May I please ask the -- Mr. Trulson, the construction person, t❑ come up,
please? Thank you. As you've heard tonight from Art, and his wife, and his attorney,
that they put a heck of a lot of work into this and research, et cetera. How difficult
would it be if this special use permit got passed? Would -- do you really think it would
be very detrimental to your business? Have you and Mr. Tolis and his wife spoken about
if this passes, how you would handle it as far as your business, as far as potential
complaints by residents, et cetera. So can you please shed some light on that before a
vote is taken?
TRULSON: Yeah.
MCMAHON: Thank you.
TRULSO N: S❑ I didn't personally speak to Art. My dad did. He coached some of his kids
in wrestling, so they had a phone conversation, As far as line of sight and security I
don't -- and correct me if I'm wrong -- I don't think you've necessarily slept there a lot.
So it would be changing the use of the building from a commercial during the day to
people staying there, could be the entire day or at night.
I don't think it would be detrimental, but I do know that the town has the streets,
maintenance yard, within close proximity, it's about 500 feet away. They start at 5:30.
And I'm more concerned about the detriment that it could have on ❑ur business if it
generates a lot of noise complaints, especially if it's within the noise ❑rdinance.
Under our emergency response, we can operate at any hour of the day. Town of
Fountain Hills has the same ability. ❑uring monsoon season, there's a lot of trees that
blow down, block roadways, there's water line breaks. Yes, this year we've had three
emergency responses. I can't tell you when they'll happen. I don't know what time
they'll happen and I can't tell you the frequency.
I'm just here because I'm going to be the person for the next 20, 30 years fielding these
noise complaints whether they're from Art, or a sheriff, ❑r the town. And I want to
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make it very clear, my position on it so that i can show those tenants exactly how we
handled it and what was decided.
MCMAHON: Okay. So I appreciate that. I appreciate the fact that you're adjacent
owner and your concerns. Would you and Art sit down and iron this out and get it
straightened -- and get an agreement or something in place so that you can deal with
this to one another's satisfaction should any tenants complain? Because tenants do
complain. And we all know that. It's a fact. So my concern is, I want to respect the fact
that you're the adjacent property and recognize your concerns. But at the same time
listening to the whole presentation and what has gone into this, you know, I hesitate -- I
mean, I'm trying to balance the equities and the interests in this.
TRULSO N: Yeah. As far as sitting down and coming to an agreement, I can pretty much
tell you how we're going to handle a noise complaint.
UNKNOWN: (Indiscernible).
TRULSON: How we would handle a noise complaint because we're not going to
generate noise outside ❑f the ordinance. It's going to be permissible. It'd be -- could be
an emergency response. And we're just going to tell the residents, sorry, but there's
nothing we can do. That's my big concern.
As far as visibility into it, I don't think there's any way to really mitigate it. And there's
going to be people staying there -- that building has direct line of sight and there's -- you
could put 20-foot tall trees in. I don't know that it would. So I would defer the matter
to Town of Fountain Hills Council. I grew up here. It is a small tightknit community.
And so it's not my decision.
MCMAHON: Thank you. And noise complaints would go through all the proper
channels, et cetera, right, John, if there were any? Okay. And would they be
immediately addressed, ❑r placated, or what?
WESLEY: Mayor, Councilmember, any noise complaints that come in would be -- follow
the complaint procedures and investigated and, you know, see what they were and
addressed appropriately, if there's a violation or not.
MCMAHON: Thank you.
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TOTH: 1 honestly lost my train of thought a little bit. Thank you, Mayor. Yeah. I'll pass
for the next person. Sorry.
MAYOR DICKEY: Hey, Art. D❑ apartments have -- ever have anything similar to CC&Rs
that are, you know, pretty binding? You know, I mean, you can't -- you have to conform
with CC&Rs. So --
TOLIS: Yes.
MAYOR DICKEY: -- do you have -- can you have something like that?
TOLLS: Mayor, yes, absolutely. Yeah. We will -- we will have CC&Rs rules for the
apartment and for the tenants. And in addition to a couple of other mitigating facts,
we're going to -- we're going to continue to have an exceptional security system on this
building. And there's -- the beneficiaries of that will be Jamie and Mike next door with
their place, that we can see what's happening with these cameras and same thing on
the back of the building. So I think that's actually more of a safety aspect that we're
going to be able to provide that, if necessary. And I'm sure T & T Construction has their
own securities, as well. So I'm not concerned about safety.
The comment that was just made in regards to that municipal lot, that municipal lot is
on the corner down the street on the other side of the water company. And the other
residential neighborhood is closer to that than my building is. So I think that the --
people have been living in that area already. There are -- there's a letter from a resident
that lives within a stone's throw of the building.
So while noise may be, at sometimes, an issue, I can tell you that I live behind the high
school and I hear pickleball at 5 a.m, in the morning every day of the week. Every day.
And I bought that home -- my wife and I bought that home -- knowing there was a high
school behind us and knowing that we can hear Golden Eagle. And we have light
pollution even in a dark sky. So we know where we bought and we enjoy that area. And
we deal with pickleball on a regular basis. And whomever lives in this apartment, I
would have been more than happy and blessed to live in this apartment compared to
many apartments that I grew up -- when I was trying to buy in a community that I
couldn't necessarily afford the homes.
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I mean, my children are all here. I mean, I can have them all stand up. I think I've got
four lease agreements already that we have -- we have that age bracket that, of course,
fair lending and housing laws, I can't target the people I'm renting to. However, i do
have lots of children and I know that they're renting -- one in Mesa and a couple living at
home. And I'm certain that this is going to be a great project and a great property that
they're going t❑ enjoy. So I'd be blessed at that age to live in a property that has
walkability to the park and to the dog park and amazing views. And it's a safe --
property. And when you pull in, you get that sense that you're at a property that is safe
and the area is safe.
TOTH: Okay. Sorry, I found my train of thought. What I wanted to mention, were the
Concerns of if tenants complain, which I do know happens, I have a little bit of a soft
spot for it. I have a friend who's being pretty much harassed by her apartment neighbor
with constant noise complaints. Something that I think is worthy of bringing into the
conversation -- and it's okay, Art, you can sit, I'm mostly just talking to myself here.
TOLIS: It's okay.
TOTH: But something that's worthy of bringing into the conversation is that our noise
ordinance is fairly subjective, if -- unreasonable noise, unruly group, we don't have that
firm bar. And to some, I think that maybe construction noise that to us in the industrial
area, it's business, it's fine. Somebody Galls, that police officer still needs to come.
I know because I have my friend who lives here in town, her neighbor is knocking when
she's walking up the stairs, when she opens her drawer to grab a toothbrush. It's just
one of those things, sometimes you get a whacky neighbor, it happens.
I understand that that is not the fault of Art or the fault of our architects ❑r the
investors. But it is a reality to Consider and I appreciate that that concern has been
brought up with the noise ordinance. And I think that's something the Council needs to
consider. But I just wanted to make that note. I know it's a little bit of a sidebar but it is
germane to the conversation.
Something I want to add though, again, I like the project. I love its proximity to the park.
I think that it could be very beneficial to the residents that, I think, we're looking at,
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possibly, maybe, sort of. And none of you look like you'd be doing frivolous complaints,
t❑ at [east there's that.
JOLLEY: My name is Don Jolley. I'm the architect. If I was asked to design a noise --
noiseless building; I'm a noise expert. I know how to control noise. And ❑ne thing we
would d❑ if we want t❑ build a building to be noise -proof, make a block and double -
pane windows. Triple pane is like -- it doesn't -- doesn't help that much. But block
building, which this is, and double -pane windows, would make this almost silent. You
wouldn't hear the things outside unless you go outside. So I want t❑ concern -- if we're
concerned about noise, this is not the building to be concerned about.
TOTH: Thank you. I'm not concerned about your noise. I'm concerned about possible
complaints from residents of the company. I feel as though that was a valid concern.
And I'm just bringing it back up. And thank you. I know that the upgrades that you're
doing to the building will be -- great. So I just want to clarify, it's not your building that
I'm necessarily concerned about. I just think that these are things that we need to think
about when we're putting further residential into an industrial zone.
MAYOR DICKEY: Well, you're talking about the building itself would be fairly soundproof
for lack of a better word, right, you said it's made of block already and you're going to
have to put new windows in because these don't open, right?
JOLLEY: Sound control is a factor of two things, mass and distance. And we block walls,
several block walls behind these businesses and a long -- like a big parking lot. And then
a block building. I'm not concerned about the noise people to people, maybe to
neighbors inside the apartment. But the construction noise, you won't hear that inside
unless you go outside.
MAYOR DICKEY: We're doing a lot ❑f supposition of complaints from people. You know,
we're concerned, obviously, but I think we're also saying well, this might happen, this
might happen. Well, if it was a retail store, if it was a yoga place, or a spa -like place, or,
you know, a retail store that likes to play classical music. I mean, they could complain
too. So I think anything, you know, we could talk about anybody complaining and it
would be a by -right use. So I'm not really concerned about that, whether it's residential
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or whether it's something else, somebody will -- can always complain about something.
So I don't have an issue with it at all.
I think at this point, we don't have a motion for the actual project. And i would like to
ask if somebody would like to do that?
FRIEDEL: Yes. I'd like to move to adopt the ordinance.
MAYOR DICKEY: Da I have a second?
KALIVIANAKIS: Second.
MAYOR DICKEY: Okay. We have a motion and a second to approve SUP24 -- bunch of
zeroes dash and --
FRIEDEL: Mayor, real quick. Two things. Did we close the public hearing? I don't
remember if we did or not.
MAYOR DICKEY: Yeah.
FRIEDEL: But there we go. Now closed.
MAYOR DICKEY: Yeah, we did.
FRIEDEL: And then Hannah, did you -- is your motion pending or did you withdraw it,
the motion to continue --
MAYOR DICKEY: Well, she had to have --
UNKNOWN: She's writing notes to -- oh, sorry.
TOTH: ❑o you mind if I -- was writing notes to figure out if that's still the case. I want to
make sure I'm making the right decision. I think that I'm not going to make my motion
to table. I'll withdraw what I would have had to make.
MAYOR DICKEY: No, that's okay. I figured if she want -- that would be the time that
somebody could do it, after the motion and the second. So we do have a motion and a
second. Can we have a roll call, please?
TOWN CLERK: Councilmember Skillicorn?
SKILLICORN: No.
TOWN CLERK: Councilmember McMahon?
MCMAHON: You convinced me that this is a good project, so aye.
TOWN CLERK: Councilmember Toth?
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UNKNOWN: Do it. Do it. Do it.
TOTH: I swear I'm not stalling. I really am considering. I was a super firm yes walking
into this. Yes.
TOWN CLERK: Councilmember Friedel?
FRIEDEL: Aye.
TOWN CLERK: Vice Mayor Kalivianakis?
KALIVIANAKIS: Aye.
TOWN CLERK: Mayor Dickey.
MAYOR ❑ICKEY: Aye.
TOWN CLERK: Motion passed, five to one.
MAYOR DICKEY: Thank you. Thank you. Thanks very much. Our next item is also a
public hearing for amending home occupation and regarding parking. S❑ I will open it
and try to remember to close it.
WESLEY: Okay. Mayor and Council, hopefully this a fairly easy item. A few months
back, you considered amendment to Section 514 of the town zoning ordinance with
regard to home occupations. As we reviewed that, the discussion at the Town Council
meeting, there was a comment made from the public about desiring a further limitation
to parking that could occur along the streets in association with the home occupation
business. Staff did not pick up that the Council included that comment in the approved
ordinance. Later we had some further discussion that that was an item that there was
some interest in, adding to or including in the ordinance. So the staff has brought that
back. Then with the addition of a statement that's shown in red here about the on -
street parking associated with home occupation, that that needs to occur onsite if at all
possible. ❑nly if there's n❑ ❑ff-street parking available could you then park on the
street. So that's a simple amendment we have for you. P & 2 considered this at their
last meeting and recommend an option of this, 7-0.
MAYOR DICKEY: Thank you, John. ❑o we have any speaker cards?
TOWN CLERK: No, we do not, Mayor.
MAYOR DICKEY: Thank you.
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FRIEDEL: You want a motion?
MAYOR ❑ICKEY: Sure.
FRIEDEL: I move to adopt ordinance 24-13.
MCMAHON: Second.
MAYOR ❑ICKEY: Thank you. Any discussion?
KALIVIANAKIS: Yes.
MAYOR DICKEY: --no --
KALIVIANAKIS: Yeah.
MAYOR DICKEY: -- you're still ❑n here. So do you want to discuss? Okay. Vice Mayor.
KALIVIANAKIS: Thank you, Ms. Mayor. Obviously, this would be for in -home
businesses -- in -home businesses. Would sober living and elder care facilities -- are they
considered businesses ❑r residential?
WESLEY: Mayor, Vice Mayor, they are separately handled outside of the home
occupation ordinance.
KALIVIANAKIS: So this wouldn't affect them at all?
WESLEY: That's correct.
KALIVIANAKIS: Okay. And this -- another one of those ordinances that seems more
aspirational than directive. An ordinance t❑ say that this is a no -parking zone, ordinance
say a lot of definitive statements. Just so the people at home know what we've voting
on. This says there shall be no on -street parking for any purpose during business hours
if there is ❑nsite parking available. Street parking may only be used when onsite parking
is full.
Now if you do look in the packet, it says that the garage would be onsite parking. The
driveway would be onsite parking. And if that's full, then they can park in the street.
But this is an ordinance that, in my estimation, is completely unenforceable by our code
enforcement officers. It's a word salad. And it's a bad ordinance. How would a code
officer know if there was people parked in the driveway and then somebody saw it was
full and then they parked on the street, and then people in the driveway left. How
would the code enforcement officer know that there wasn't any onsite parking available
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when they parked on the street?
And so it'd almost have to be like, we'd have to hire a detective and do an investigation
of who got there first. So I guess what I'm asking you is what prompted this ordinance
and what is the upside of it?
WESLEY: Mayor, Vice Mayor, again, it came from a citizen who spoke back in March at
the Town Council meeting when the ordinance -- previous ordinance amendment was
brought up. It was based on their concerns, I guess, maybe from experience of home
occupation businesses and seeing too much parking on the street, and trying to put
further control on that situation to limit that on -street parking as much as possible.
KALIVIANAKIS: So it was driven by a resident?
WESLEY: Yes.
KALIVIANAKIS: In your estimation, would this be easy, medium, ❑r difficult to enforce
for our code enforcement officers?
WESLEY: Mayor, Vice Mayor, let me start with -- when a person applies for a business
license and they're applying for a business license for home occupation -- there's a list
that they go through. And part of that is the ordinance requirements. And so once this
is adopted, that would be added then to what they're reading and they check a box at
the end saying they've read this and understand the requirements. So the person
operating the business should be aware then of this requirement. So we have that
upfront.
But then for the code officer, it would largely have to be complaint -based because just
driving down the street, we don't know necessarily where the home occupations are
and we don't know what their business hours are. And so just seeing cars parked in the
driveways or on the streets isn't going to be a trigger by itself. Again, it would take a
neighbor calling in the complaint and then the code officer investigating it. And then
they have to do it ❑n multiple, you know, occasions. Come back and see what the
pattern of activity is and Contacting the business owner and making sure they were
aware of the code requirement.
So it would be a bit ❑f a Challenge. It would take some time, possibly, to rectify.
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KALIVIANAKIS: It seems like the only way this could be enforceable if there was some
signage that was provided by the business owner to put out in front and say by city --
town ordinance, if there's parking available in the driveway you'd have to park there
first. otherwise, you can park there on the street. It might be kind of a long sign. But I
understand that the business owner would be familiar with our ordinance. But would
the packers -- the people that are parking their car -- I don't think they'd be familiar with
this ordinance at all.
WESLEY: Mayor, Vice Mayor, so yes, it would be up to the business owner to be
observant of the people that are coming to the property and making sure they follow
the rule. And that's generally where our code officers go anyway with any citations, is
to the property owner.
KALIVIANAKIS: I can understand that. But then they would have to know if the
driveway has got parking in there when the people parked on the street. And you'd
almost have to hire an observer because otherwise, you know, they wouldn't -- they
wouldn't know if the car was in the driveway first or the car was in the street first.
Again, it just seems like a solution looking for a problem. And I don't like sloppy
ordinances and I'm going to vote no against this one because I -- we did discuss this. 1
didn't tell the Council, but we -- we did discuss this in your office. And it didn't make
sense then and it doesn't make sense to me now why we're putting this on the books.
So yeah, that's --
SKILLICORN: I think it's pretty simple. Use your driveway and your garage first, then
park on the street. And that's up to the business owner. And it's going -- maybe it'll
take a little bit of education. But I like it. I think it protects the neighborhoods from at-
home businesses. I'm not against at-home businesses, but use your driveway and your
garage first. And then if there's overflow, you park in the street. And it's up to the
business owner to make sure that that's what happens.
KALIVIANAKIS: To me, it's just a over -regulation and I do promote business -friendly
community. And this is just a layer of administrative that we just don't have to put on
our books.
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MAYOR DICKEY: Any other questions or comments? My only thing is that since it's a
complaint based, it's almost like the trips too, I mean, they are kind of impossible almost
to know. But it is the business owner's responsibility to communicate that to their
clients, you know, whoever they might be to say this is -- what we have here on ❑ur
books. So I think it's ❑kay. Any other questions or comments? ❑❑ we have a motion
yet?
SKILLICORN: Yes.
MCMAHON: Me to second.
MAYOR DICKEY: Okay. Roll call, please? Oh,wait. Roll call, please.
TOWN CLERK: Councilmember McMahon?
MCMAHON: Aye.
TOWN CLERK: Councilmember Toth?
TOTH: Aye.
TOWN CLERK: Councilmember Friedel?
FRIEDEL: Aye.
TOWN CLERK: Councilmember Skiliicorn?
SKILLICORN: Yes.
TOWN CLERK: Vice Mayor Kalivianakis?
KALIVIANAKIS: Nay.
TOWN CLERK: Mayor Dickey?
MAYOR ❑ICKEY: Aye.
TOWN CLERK: The motion passes 5 to 1.
MAYOR ❑ICKEY: Thank you. Our next one is not a hearing, but it is John.
WESLEY: ❑kay. Mayor and Council, one more for me tonight. And so this has t❑ do
with some amendments to Section 183 ❑f the Town Code that deals with civil penalties.
So this was last updated a few years ago in 2021. And as we have worked with it and
used it over the last couple of years, we've noticed a couple of things that are some
challenges.
First of all, when we added sanctions in Section 1-8-3(a), we forget to delete them from
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1-8-3(e). And so we need to do that. And that's one of the things that's included, is
getting rid of the current E.
One of the other thing that drove in bringing this modification back to you is some of
the challenges our code staff has been having in getting notices of violations to the
property owners. The ordinance provides for mailed noticed. But we've been having
greater challenges with people not picking up their mail, addresses not being correct
and they get returned. And so it delays the process of getting the violation into the
hands of the property owner. So we are proposing that we add to the mail notice, that
we would still do, the ability to also post the property with the notice of the violation.
So that way we have the two means of letting people know so it lets us move forward
quicker in that overall enforcement process.
And then also as we were working on this, we noted that some of the wording in
another Section 1-8-3(f) , could be construed that we don't allow for proactive
inspections or enforcement in the absence of a recidivous situation. And while
(indiscernible) admit that, it could be interpreted that way. So we thought as long as
we're working on it, we might make that change.
So the recommended modifications include combining sections 1-8-3 (a) and (e) on the
penalties. And then adding to Section 1-8-3(b) just state that we can -- violations can
also be done for a prohibited act, as well as for just regular actions. And then amending
8C4 to allow for the posting of the notice, deleting the current E and then redoing those
words and adding a new F, which allows the town manager then to initiate non -
complaint rased inspections. So that's a summary of the changes. Any questions?
MAYOR ❑ICKEY: Did we have any speaker cards on this item?
TOWN CLERK: No, Mayor.
MAYOR DICKEY: Thank you. Vice Mayor?
KALIVIANAKIS: Thank you, Ms. Mayor. Thank you for the presentation. I really am
proud to be on the Council that is part ❑f having our town staff clean up old ordinances
and correct problems and make them better. And s❑ I commend you and your staff and
everybody that's involved in this. Because there's been a number of times now that
Page 56 of 59
TOWN OF FOUNTAIN BILLS
SEPTEMHER 17, 2024 TOWN COUNCIL MEETING MINUTES
you've come up here with corrections to prior code. And the lawyer in me, I just love
getting the wording and the law correct. So it realfy scratched me where I itch. And so
thank you very much for doing this. And on that note, I would like to move to adopt
Ordinance 24-17.
MCMAHON: I have a comment. John, in Section F -- one, two, three -- the third line, it
says by law or upon on -- I think that a correction needs to be --
WESLEY: Okay. Thank you. We'll look at that.
MCMAHON: I second.
MAYOR DICKEY: Thank you roll call, please.
TOWN CLERK: Councilmember McMahon?
MCMAHON: Aye.
TOWN CLERK: Councilmember Toth?
TOTH: Aye.
TOWN CLERK: Councilmember Friedel?
FRIEDEL: Aye.
TOWN CLERK: Councilmember Skillicorn?
SKILLICORN: Yes.
TOWN CLERK: Vice Mayor Kalivianakis?
KALIVIANAKIS: Aye.
TOWN CLERK: Mayor Dickey?
MAYOR DICKEY: Aye.
TOWN CLERK: Motion passes six to zero.
MAYOR DICKEY: Thank you, Angela. Our last regular agenda item is the approving an
amendment to Top Leaf Tree Services. David.
JANOVER: Good evening, Mayor and Council. I'm your town engineer, Dave Janover.
And I'm your swan song tonight. So this is a staff request to amend the town's contract
with our landscape maintenance contractor, Top Leaf Tree Services, LLC to be amended.
So the landscape maintenance in our town is a major function. Not only for -- is it used
for aesthetics, but we als❑ need it for the safety of the public, as well as the pedestrians
Page 57 of 59
TOWN OF FOUNTAIN HILLS
SEPTEMBER 17, 2024 TOWN COUNCIL MEETING MINUTES
and the motorists. So the Community Services Department actually has five parks and
two trail heads that they oversee and maintain, totaling over 125 acres. And the Public
Works Department has 38 acres ❑f medians and the town hall campus that we oversee
and maintain.
So why are we asking tonight to amend this contract? Well, the town has experienced
recent wind and rain storms. And that caused significant tree damage town wide. As a
result we have weakened, dead, ❑r dying branches that pose safety risks. And
additional pruning and tree removal when required or when necessary is required t❑
address those -- risks and those hazards.
So in March of 2023, we had a professional service agreement with Top Leaf Tree
Services for $100,000 annual contract for five years. And that was meant to cover
standard tree maintenance for all ❑f our town departments. So we have increased
maintenance needs now due t❑ recent and anticipated future storms -- storm events --
storm damage. And the current budget, we believe is insufficient to cover that
expanded scope of work. So staff is requesting to increase this contract by $50,000
annually for the remaining contract term. So our new contract total would go from
100,000 a year to 150,000 a year. And these additional funds are meant to cover the
additional maintenance that's required t❑ address those anticipated storm damage.
Just to be clear, only necessary funds will be expended. So just because we're asking for
contract authority of 150,000 a year, does not mean that we're going to spend 150,000
the whole year. We're only going to spend what we need, but that will make sure that
we have the anticipated -- we'll be able to maintain what we need to maintain with this
extra storm damage. That will allow us to adhere to best pruning and maintenance
practices. And that will allow us to address the storm -related damage timely which will
minimize our risk.
So with that, we request Council approval for the contract amendment. I'm happy
answer any questions.
MAYOR DICKEY: Thank you. D❑ we have any speaker cards?
TOWN CLERK: No, Mayor.
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 17, 2024 TOKEN COUNCIL MEETING MINUTES
MAYOR DICKEY: Thank you. Councilwoman?
TOTH: I'd like to make a motion to approve.
MCMAHON: Second.
MAYOR DICKEY: Any other comments or questions? Okay. Roll call, please.
TOWN CLERK: Councilmember Toth?
TOTH: Aye.
TOWN CLERK: Councilmember Friedel?
FRIEDEL: Aye.
TOWN CLERK: Councilmember Skillicorn?
SKILLICORN: Yes.
TOWN CLERK: Councilmember McMahon?
MCMAHON: Aye.
TOWN CLERK: Vice Mayor Kalivianakis?
KALIVIANAKIS: Aye.
TOWN CLERK: Mayor Dickey?
MAYOR DICKEY: Aye.
TOWN CLERK: Motion passes, six to one, unanimous.
MAYOR DICKEY: Thank you. Our next item is the Council discussion direction to the
Town Manager. I think we had one speaker talking about the Italian Heritage Month.
And maybe light the fountain and do a proclamation or something like that. And should
have him bring in some food though when we do it.
UNKNOWN: Some cannolis.
MAYOR DICKEY: Yeah, some cannolis.
UNKNOWN: I would agree. I don't know if we need to have another country's flag,
colors displayed, but we'll leave that up to the manager.
MAYOR DICKEY: Well, I'm all for it. But, you know, I'm just a little biased to paisan. And
do we have any future agenda items? Seeing none. Have a good evening. We're
adjourned.
Page 59 of 59
Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting
of the Fountain Hills Town Council held on September 17, 2024, at 7:47 p.m.
TOWN OF FOUNTAIN HILLS
Gin y Dickey, Mayor
ATTEST AND PREPARED BY:
Angela Padgett -Espiritu, Town Clerk
:�I;IZ4dIal A11IQki
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the Regular Meeting held by the Town Council of Fountain Hills in the
Town Hail Council Chambers on the 17 day of September 2024. 1 further certify
that the meeting was duly called and that a quorum was present.
7DAp this 151" Day of October 2024.
Angela Padg - spiritu wn Clerk
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