No preview available
HomeMy WebLinkAboutAGENDApacket__09-17-24_0156_631       NOTICE OF MEETING AMENDED REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Brenda J. Kalivianakis Councilmember Peggy McMahon Councilmember Hannah Toth Councilmember Gerry Friedel Councilmember Sharron Grzybowski Councilmember Allen Skillicorn TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, SEPTEMBER 17, 2024 WHERE:   FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.   Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.  REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting  https://www.fountainhillsaz.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting. These comments will be shared with the Town Council.    NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).        1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.INVOCATION - Director Carri Schneider, Promiseland Preschool     3.ROLL CALL – Mayor Dickey     4.STATEMENT OF PARTICIPATION     5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.Stellar Students for the Month of September     B.PROCLAMATION: Designation of September 17 - 23, 2024, as Constitution Week.    C.PROCLAMATION: Designation of September 18, 2024, as Pitt Hopkins Syndrome Awareness Day.     6.PRESENTATIONS     A.LAW ENFORCEMENT SERVICES UPDATE: Captain Kratzer of the Maricopa County Sheriff's Office     7.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.     Town Council Regular Meeting of September 17, 2024 2   8.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.     A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Town of Fountain Hills Town Council Special Meeting of August 13, 2024, and Town Council  Regular Meeting of August 20, 2024.     B.CONSIDERATION AND POSSIBLE ACTION: Adopting Resolution 2024-38, An Intergovernmental Agreement With Salt River Pima Maricopa Indian Community for receipt of Prop 202 funding.     9.REGULAR AGENDA     A.DISCUSSION WITH POSSIBLE DIRECTION: Regarding filling a vacancy on the Fountain Hills Town Council.     B.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for approval of a Special Use Permit for property located at 12005 N.Panorama to allow residential use of commercially zoned property.      C.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance #24-13 amending Zoning Ordinance Section 5.14, Home Occupations, regarding allowances for on-street parking.      D.CONSIDERATION AND POSSIBLE ACTION: Ordinance #24-17 amending Town Code  Section 1-8-3, Civil Penalties.     E.CONSIDERATION AND POSSIBLE ACTION: Approving Amendment # 1 to Professional Services Agreement 2023-070 with Top Leaf Tree Services, LLC     10.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER   Town Council Regular Meeting of September 17, 2024 3   10.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER The Council may (1) request the Town Manager to follow-up on matters presented at that meeting; and/or (2) a consensus of the Council may request the Town Manager to research a matter and report back to the Council.     11.FUTURE AGENDA ITEMS     12.ADJOURNMENT         Dated this ______ day of ____________________, 2024. _____________________________________________  Angela Padgett-Espiritu, Acting Town Clerk   The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. On the day of the Council Meeting, the Council Chamber doors open at 5:15 p.m. for public seating. Town Council Regular Meeting of September 17, 2024 4   ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  Stellar Students for the Month of September Staff Summary (Background) Mayor Dickey will recognize the Stellar Students for the Month of September. Form Review Form Started By: Angela Padgett-Espiritu Started On: 06/12/2024 03:05 PM Final Approval Date: 06/12/2024  ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Designation of September 17 - 23, 2024, as Constitution Week. Staff Summary (Background) Mayor Dickey will proclaim September 17 - 23, 2024, as Constitution Week.   Attachments PROCLAMATION: Designation of September 17 - 23, 2024, as Constitution Week  Form Review Form Started By: Angela Padgett-Espiritu Started On: 08/14/2024 10:03 AM Final Approval Date: 08/14/2024  ITEM 5. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Designation of September 18, 2024, as Pitt Hopkins Syndrome Awareness Day. Staff Summary (Background) Mayor Dickey will proclaim September 18, 2024, as Pitt Hopkins Syndrome Awareness Day.   Attachments Proclamation - Pitt Hopkins Syndrome Awareness Day  Form Review Form Started By: Angela Padgett-Espiritu Started On: 09/05/2024 05:41 PM Final Approval Date: 09/05/2024  ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Town of Fountain Hills Town Council Special Meeting of August 13, 2024, and Town Council  Regular Meeting of August 20, 2024. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Town Council Special Meeting of August 13, 2024, and the Town Council Regular Meeting of August 20, 2024. SUGGESTED MOTION MOVE to approve the minutes of the Town Council Special Meeting of August 13, 2024, and the Town Council Regular Meeting of August 20, 2024, as presented. Attachments Verbatim Transcript  Verbatim Transcript  Form Review Form Started By: Angela Padgett-Espiritu Started On: 08/27/2024 04:47 PM Final Approval Date: 08/27/2024  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL August 20, 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 Sharron Grzybowski; Councilmember Hannah Toth; Councilmember Allen Skillicorn Members Absent: Councilmember Peggy McMahon Staff Present: Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Acting Town Clerk Angela Padgett-Espiritu Audience: Approximately 30 members of the public were present. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 1 of 51 Post-Production File Town of Fountain Hills Council Meeting Minutes August 20, 2024 Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 2 of 51 DICKEY: Good evening, everyone. Welcome back after the summer. Please rise for the pledge and remain standing if you choose 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. DICKEY: Thank you so much. Our invocation tonight is from JOY Church, Pastor Clayton Wilfer. Hi. WILFER: Dear Heavenly Father, we thank you for this town and all who live here. We thank you for the ability to come together to share thoughts and ideas on how to make an ever better place to live and work. We pray for your wisdom and guidance to be with this town council. May you guide their hearts and minds as they work together for the sake of this town. May you provide unity, harmony, and strength for the work that is ahead. And we pray this in the name of Jesus. Amen. DICKEY: Thank you. Angela, can we have roll call, please? PADGETT-ESPIRITU: Mayor Dickey? DICKEY: Here. PADGETT-ESPIRITU: Vice Mayor Kalivianakis? KALIVIANAKIS: Here. PADGETT-ESPIRITU: Councilmember Toth? TOTH: Here. PADGETT-ESPIRITU: Councilmember Friedel? FRIEDEL: Present. PADGETT-ESPIRITU: Councilmember Grzybowski? GRZYBOWSKI: Present. PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: Here. PADGETT-ESPIRITU: And for the record, Councilmember McMahon is absent. Anyone wishing to address the Council regarding items listed on the agenda or TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 3 of 51 under Call to the Public should fill out 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 into 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 to not comment on items brought forth under Call to the Public. However, staff can be directed to report back to the Council at a future date or to schedule items raised for a future Council agenda. DICKEY: Thanks so much. Well, we're going to start with our reports and we're going to start with our Town Manager, Rachael, who is -- part of her report is going to include some information from our Chief Ott. Just to remind you that this is the -- just the report, so we won't be able to really ask a lot of questions, but we'll get some information. Thank you. GOODWIN: Thank you, Mayor, Council. Welcome back, everyone. I feel like it's only been a minute, but it has been a full summer. And welcome back, everybody. Thanks for being here tonight. We did have a very full summer. I'm not going to go into all of the ins and outs, but we had a number of activities and programs and events. It has been a very busy summer, despite the heat. But I did want to call out the anticipation of one upcoming event, our Make A Difference Day. It happens the third weekend in October, so October 19. If it's not on your calendar, please mark your calendar. It is a very popular day. It is a day of volunteer and service where we help those in our community with whatever needs they may have. We have 31 different projects registered right now. We are still taking projects through the end of the month, so August 30 is the deadline. So if you have a neighbor, a friend, a colleague, or maybe even a need for yourself, there's still time to get your TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 4 of 51 project registered. Contact Kim over at our Community Center. She can take care of that. Alternately, if you are available to volunteer that day, we have usually over 400 volunteers from our community come out. We are taking those right now. You are able to register online, so that is a super day of service in our community. I did want to stop and recognize Angela. Angela's going to be serving as our Town Clerk our next couple of meetings, so thanks for being here, Angela. And then lastly, I did want to invite Chief Ott up. As many know, we've had a number of fires. We had a fire on Friday and I think Chief Ott was going to walk through some of the details from that day and the response that was offered. OTT: Good evening, Mayor and Council, welcome back. Before we get into the specifics of Friday's call, I just want to remind everybody of kind of the system that we work in. Once we transitioned to our own and we're dispatched by Mesa Regional Dispatch, we've got a dispatch center that's tied into Phoenix. It gives us a lot more capability than what we had under our previous emergency response structure. With that, there are two different components to the valley-wide regional system. One is automatic aid, one is mutual aid. Currently, we're in the mutual aid status, which means that we have to ask for requests from our neighboring departments. We have an arrangement with Fort McDowell, then we have what we call an enhanced mutual aid system. Because we're both dispatched by Mesa, they dispatch us almost like we have automatic aid. Our goal is to apply for the automatic aid -- entrance into the automatic aid system starting in January. We kind of wanted a year or so to get our feet on the ground and make sure that we're doing what we need to do here and all the components that go along with that. So we're working on our application that we're going to present to the Central Arizona Life Safety Council somewhere after their first meeting in January of 2025, which will let us know whether or not we've got some acceptance. There's about 15 or TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 5 of 51 16 different bullet points that need to be addressed as part of that automatic aid system. What automatic aid does is it will dispatch the closest unit regardless of the jurisdiction that they're in. So if we have a call -- if our units from Station 2 are out on a call, we would get the next closest unit coming from Scottsdale into that. We're already working with Fort McDowell. We also have a mutual aid agreement with Rio Verde. What that will do in the event of a bigger event is it will have those responses that are built out that have multiple units tied to them. We'll be able to get those seamlessly once we're in that automatic aid system. If we stay in the mutual aid system, it's still going to be a request. Typically, that request is if you've got somebody, you can send them. So with that in mind as we're moving forward, ideally in a town that's got two fire stations and ten personnel on day, there are times that we have three or four calls, or five calls at a time, where we've got Fort McDowell responding in, we've got Rio Verde responding in. Sometimes we respond out to Fort McDowell. Sometimes Fort McDowell takes care of crashes that are on the Beeline that are really not in a service area, but because we've all agreed that there are plenty of people that live in town, plenty of people from the Indian community that travel Beeline, it's in our best interests to go ahead and respond to calls out there. Sometimes they're medical calls, sometimes they're fire-related calls. If we can get that first initial attack in there and kind of start getting units on the scene, that's a big plus in the world of wildland fires. And we've had -- according to the State, I think we've had 23 fires up in that area just since the middle of May. So that brings us back to Friday's event where there was a fire in Goldfield Ranch; Fort McDowell requested a unit from us to go out and assist them with that fire, which we did. We sent one unit from Station 1, which is our closest unit out to the Goldfield area. We still had the latter tender the unit from Station 2 in town, prior to that fire kicking out around 10 o'clock on Friday in Eagle's Nest. We had an EMS call that put the engine from Station 2 on that call. We also had another EMS call shortly TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 6 of 51 before that fire started, which we asked Rio Verde. Rio Verde came in and ran that call for us. So not only did we have multiple calls going on, we did have units in town. We had units from an outside agency in town that also ended up transitioning into a fire in Eagle's Nest. So with that, if there's any questions on the auto aid, mutual aid, I can go into MRDC, TRWC, PRDC (ph.), a whole alphabet of stuff that all kind of goes together with that overall automatic aid system. And at this point, of the municipal departments -- there's about 26 of them -- I believe at this point we're probably the only municipality that's not in automatic aid yet, so that's our goal. That'll kind of make things seamless. And as we look at that during the fire on Friday, we also had a unit from Mesa come up to run calls in Fountain Hills, as we had 18 other units assigned to that fire in Eagle's Nest. To kind of recap it in a short scope, there were no structures burned or lost. There were no injuries or fatalities, civilian or sworn. It was a 13-acre fire that was wrapped up in less than four hours in the middle of the summer. In my opinion, that's a win all the way around. So if you have any questions before -- I'll go to the timeline. Okay. I don't know if you have that in front of you in your stuff or not, but -- so the first call came in at 9:58. And I'll explain a little bit about how the calls work. When you call 911, it'll go to what we call the PSAP, which is the public-safety answering point. In most jurisdictions that PSAP is the law enforcement agency, because they put a higher value on law enforcement-related calls than fire and EMS calls. So the police agency is usually better equipped to be able to sort those calls out and get them to where they need to go. So in that, there's usually a little bit of a delay. There was a little bit longer delay when MRDC received a call, and that's Mesa Regional Dispatch. Sometimes when the call centers get busy and there are other things and they triage the call when it comes in, or they have multiple calls, there is a little bit of a delay in getting that out. And a TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 7 of 51 priority call would be someone having a stroke or a heart attack might take preference over a brush fire or a fire that's not involving a structure. If there's a structure fire with reports of people trapped or that -- again, that would bump up right up there in that top tier of the triage of it. But there's a number of reasons why there could be a delay in there. I can't speak for the MRDC side of it. I can only kind of tell you -- walk you through the timeline as it pertains to us. So MRDC gets the call at 10:05. At 10:07, it's entered into the computer-aided dispatch, which means that that call taker is now taking information, trying to figure out the pertinent stations to assign to it and what are the resources that should be added to that call. At 10:12, the first MCSO deputy arrived on scene. That's typical for us because they generally get the call first. They'll grab some information out of that and then dispatch a deputy or deputies to that call. At 10:17, Engine 415 [sic] was dispatched on that fire from the Goldfield fire. Keep in mind, LT452 and Engine 441 were in town on EMS calls. Had we not had the Goldfield fire and we had two EMS calls at one time, that pretty much taxes the units that we have available in town to run that. So we would have to ask for somebody else to come in. We already asked for Rio Verde to come in. Phoenix dispatched us Scottsdale. Scottsdale was also working an incident in Paradise Valley, which kind of shifts some of their resources to cover now all of Scottsdale. Just a little more background on that. So at 10:20 -- we had originally asked for mutual aid from Scottsdale. At 10:20, we're still waiting for the approval. Because it's a mutual aid setup, we have to ask for approval. It's not an automatic dispatch. At 10:28, I arrived on the scene. At 10:31, Phoenix approved three more units. Again, we're asking the Phoenix system for additional units for this fire, knowing that we had Engine 451 coming. LT 452 was also clearing. Engine 441 was in town, also clearing. Tried to turn their patients over for transport. So Phoenix approved three units, which was Engine 52, Brush 52, TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 8 of 51 BC6, and Car 919, which is a specialty wildland response. At 10:33 Engine 292, which was also out at Goldfield, arrived on scene. Brush 451, BC451, and BC291 also came in at that point. At 10:35, Engine 441 arrived. At 10:37, you can see there's that delay in Scottsdale being able to get units available to send to us, but they did send three units, Engine 606, Brush 613, and Battalion 602. Engine 451 arrives on scene after coming back around from Goldfield. LT 452 and Brush 452 were on scene next. 401, again coming from the Goldfield fire, was on scene. Brush 401 arrived shortly after that. Engine 606 arrived on scene shortly after that. Brush 613 was with them as well, and then their Battalion Chief also was on scene. So we had about 18 units for what ended up being a 13-acre fire. There's times that we're going to have extended response times just because of the layout that we've got, the setup of our department, the fact that we have two engines, and a lot of times we get multiple calls at the same time and it will be quiet for four or five hours and then -- we kind of call it the Fountain Hills vortex -- you'll get four or five calls at the same time and sometimes we'll get two back-to-back at Fountain View Village. So that just takes up manpower. We did have -- the State duty officer was on his way to Goldfield to wrap up that fire. He came to our fire instead, so we also had resources from the State available had we needed it, had that taken off and run up into the park. That's their area, but we have a pretty good relationship with DFFM right now and had they needed air assets or an increase in manpower, we had that available to us because we had that duty officer right there on scene with us. So kind of keeping a fire to 13 acres in the middle of the summer here in that desert area out there where I've seen it run from one end of the park to the other. I think our crews, all of them involved, did an outstanding job. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 9 of 51 We also had DFFM. He brought in a Tonto crew that had been going to Goldfield that got rerouted to us and they went through and did a lot of mop-up in some of the hot spots, a little bit of the saw work in there. And then they were gone by about 1:30, 1:40. So with that, I will take any questions. DICKEY: So Aaron, I'm going to leave it to you to stop anybody if we get too far on this, because again it wasn't on the agenda. It was just something that we felt we wanted to address after Friday. ARNSON: Yeah. And Mayor and Council, thank you. And by way of sort of background information, given that it's not on the agenda, if there are any substantive questions or questions about procedure, other than a brief follow-up question, I'd encourage you to ask those offline to ensure that we're complying with the Open Meeting Law. DICKEY: That makes sense to me. Thank you. Thank you, Chief. We appreciate it. OTT: Have a good evening. DICKEY: Hannah, Councilwoman? TOTH: So we had a very eventful summer and I was thrilled by the Fourth at the Fountain this year. As Rachael mentioned, there are some upcoming events in town. I really highly encourage anybody who is able to, to get involved with Make a Difference Day. I have not had the chance to do it yet because it's October and I work in politics, but I look very, very forward to being there with bells on next year. Jokes aside, it is a really wonderful thing that our community does and I highly encourage anybody who is able to, to be a part of that. GRZYBOWSKI: I always feel like I'm in the fifth grade -- what I did over the summer. I love the first day back after summer because that's always how I feel, is kind of a shoot back to the fifth grade. Unfortunately, I don't get to do as much fun stuff as I did back then because I was a kid and had no responsibilities. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 10 of 51 So to keep it short, I had a few Greater Phoenix Economic Council meetings this summer, one with the Phoenix East Valley Infrastructure and Transportation Committee, and I also attended virtually a National League of Cities meeting. Those are always informative and a great way to hear about concerns from other areas of the country and how they deal with it as well. So welcome back, everybody and thank you. FRIEDEL: Just a couple quick things, thank you, Mayor. The 4th of July was spectacular, well-attended, big crowd, great fireworks. So it was a big treat for the town. And then to circle back on Make a Difference Day, it's a great opportunity for the town to come together and work on projects and help out people in need of that help. So make sure you get out there, if you can. Thank you, Mayor. KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, it is really good to be back and serving the people in person, livestreaming on Cox Channel 11 and on YouTube. Just like Sharron said, you know, it's a busy summer. You know, a lot of constituent contacts, a lot of meetings that, you know, at this point would be boring. So instead of looking back at what I did, there's just a few forward-thinking things that I'd like to mention, the first of which is Fountain Hills Cares is going to October 24th at 4:30 in the Community Center. This time it'll be about situational awareness and travel awareness. These are really important topics right now and I'm really glad that we're taking that on. Just think of nature and think of how animals are always looking around and always prepared for predators. Unfortunately, human beings don't take that cue from nature and they go on their cell phones and they're walking around and they run into light poles and then they walk in the fountains. And unfortunately, they become huge targets for predators that are going to come and grab their purse or do them harm because they're just not paying attention. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 11 of 51 And so we have some exciting speakers to talk about how you can prevent yourself from being a victim. And also what we're going to do with travel as well at airports, bus stations, train stations. So there are people out there that are predators and they're looking for people to take advantage of. And so this is a really important Fountain Hills Cares. I encourage everybody to come out. I would also like to talk about Brian Schader and the Fountain of Light sculpture that he designed and constructed. What a beautiful thing. I think it's wonderful. It sits beautifully. They're going to hook up lights so it's going to be illuminated at light. I'd like to thank the FHCCA, the Public Art Committee. Brian, of course. (Indiscernible) building the base. It's a really exciting prospect and I drive by it every day and I'm really happy it's there. The other thing I'd like to talk about is communication with your town councilmembers. At the meeting, you know, we've got the Call to the Public. We have comment cards. But probably the best way if you are passionate about an issue is to let us know a week or a little time before the meeting, so we can converse. There's nothing worse than a constituent that will write me three days after a vote and say Brenda, I'm really disappointed in that vote and these are the reasons why, one, two, three, four, five. And I'm like, boy, those are really good reasons. I wish you would've brought that to my attention a week ago. And so if you want input -- if there's things that you want to input -- all of us on the council -- and you know, don't be afraid before the meeting to give us time to reflect. Because tonight we read the comment cards and we hear the comments, but we've also all been preparing, you know, these lengthy packets and doing our own research. So let us know ahead of time. And so that's what I'd like to talk about tonight. And again, thanks to all for coming. SKILLICORN: Thank you very much. Well, welcome back, everyone. It's great to -- you know, summer's not over yet. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 12 of 51 The summer vacation is over for council. I actually just want to echo that last point. It's been such a joy the last couple weeks to start getting emails again about issues. I encourage the public to continue to send in their questions, their thoughts. It's your town, guys. So thank you very much and there's going to be more information coming out to everyone that has been emailing in. Thank you so much. DICKEY: Thank you all. Like Sharron, I was ready to talk about my summer vacation, but for me it was kind of like vacation in quotes. We did have two Fountain Hills Cares planning meetings. Thank you for bringing that up. We had the State of the Chamber breakfast. It seems like a long time ago. Had a meeting of my Arizona Mayors Education Roundtable. We had business meetings here with Park Place, with Hilton Spark, their downtown strategy and public art and more. We did our welcome to -- I was able to welcome folks to the Fourth on [sic] the Fountain, so that's always a wonderful event. We said goodbye and thank you to some staff members, had some donuts and other things like that to say thank you. Speaking of -- I shouldn't say that. I was going to say speaking of, we cheered Coffee with a Cop over at Target and some firefighters may have made it onto the scene there. And obviously, we have a lot of residents that like to come to that, and then encouraged them to hang out and go shopping, which I usually do. MAG Regional Council, this was our annual meeting, so we elected our new chair, who is Chandler Mayor, Kevin Hartke. I had my League Executive Committee meeting. We kicked off the first Mayors Youth Council meeting. And then this morning, I had our Canada Arizona Business Council project. I'm TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 13 of 51 on the board for the Project Medical Travel Board and we're also starting one for snowbirds. So they're very, very involved with economic development and where Fountain Hills can fit in with all that. And then last we had -- over the summer, I was glad to see that we continued with our ribbon cutting. So some of them were outside and some of them were inside, but they were all good. It was really good to see that activity over the summer. I wanted to mention the Fountain Hills Protect Our Youth Coalition launched something called Protect Our Game, a campaign to combat the fentanyl crisis in partnership with the Town of Fountain Hills and support of those opioid settlement funds. I mention that because tomorrow is National Fentanyl Awareness Day and if you want information, it's fhcoalition.org. I also have a proclamation tonight. Is Christian Romo here from DES? Hi. Yeah, come on up, sir, and I will present that. Hi, how are you? ROMO: Okay. DICKEY: Okay. So here's (indiscernible). ROMO: Oh, perfect. Thank you. DICKEY: And I'll read the proclamation and then you can say something. ROMO: After you. DICKEY: Perfect. So whereas the Town of Fountain Hills joins the nation in recognizing August as Child Support Awareness Month and reaffirms its commitment to strengthening Arizona's families by providing child support services to improve the economic stability and well-being of children, and whereas the State of Arizona will always be committed advocates for our children, whose safety and security remains top of mind and a child who receives emotional and financial support is more likely to feel safe and secure and better-equipped with the courage to live their best life, and whereas the Department of Economic Security, the Child Support Services, which we say DCSS, is committed to putting Arizona's children first and to humbly serving Arizonans with excellence, respect, TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 14 of 51 integrity, and kindness, as well as being an overall champion for economic growth and opportunity. DCSS strongly advocates for parenting responsibilities because parents and children benefit when both are engaged with their child at every stage, regardless of marital status. DCSS recognizes the commitment of legal guardians who accept responsibilities for children in the absence of their parents. And whereas strengthening individuals and families with an emphasis on fiscal responsibility promotes the safety and wellbeing of children, it provides stability, it improves the lives of these children, and provides opportunities for families to be able to enhance their children's future, and whereas Child Support Awareness Month values parents' involvement in their child's lives to make regular child support payments to safeguard their children's future, so therefore now I, Ginny Dickey, Mayor of the Town of Fountain Hills, do hereby proclaim that the month of August 2024 as Child Support Awareness Month on this 20th day of August, 2024. Thank you. ROMO: Awesome. Well, thank you for the proclamation, Mayor. I very much appreciate that. Every year the month of August is federally recognized as Child Support Awareness Month throughout the United States, so all child support jurisdictions get to celebrate August in support of child support. And every year here in Arizona, we ask Arizona's governor, mayor -- excuse me, towns, cities, and county board of supervisors to help highlight the significance that child support plays for Arizona's families. So I want to thank you, Mayor, for signing the proclamation. Thank you, Town Council, for allowing me to be a part of the meeting. And that's it. Thank you all. DICKEY: Thank you so much. All right. So we have no presentations tonight, so we'll go right to Call to the Public. Do we have any cards? TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 15 of 51 PADGETT-ESPIRITU: Yes, we do. DICKEY: Thank you. PADGETT-ESPIRITU: The Town received seven written comments, which you'll find in the tab next to your packet. And then we have two requests to speak. So first up will be Susan Dempster, and then second will be Kim Wolborsky. DEMPSTER: Good evening, Mayor, Council. Thank you for the opportunity. So my name is Susan Dempster. I've been a resident of Fountain Hills for 17-plus years. I'm here speaking tonight about the Quail Ridge wash and Colony wash that runs along behind Morningside and the pump that was recently installed on Panorama. There was a public notice that was posted in July of 2024, stating that the Town had filed an application of December of 2023, and this was for a permit to appropriate the water. The notice lists the source of the water as an unnamed wash, a tributary Colony wash -- a tributary to Colony wash within the Verde River watershed. The proposed use was stated as using 300 acre feet per year for municipal use. Several of the Morningside residents as a result of this posting did file a protest to this request for several reasons. I'd like to speak about a few here. The water that's been restricted used to flow into this Quail and Colony wash, really creating the most beautiful riparian area. And I live there and I sit out there and I enjoy this very much, and there are several residents here that also live along Quail Ridge. As far as we could tell, the water has been flowing there for over 30 years and this was truly a thriving site, full of plants and wildlife. However, since the pump had been installed, this has depleted the water from our private property and I'd like to note that Morningside HOA does own the washes surrounding this subdivision. So the water's been depleted and it's damaged the plants and animals, and in addition, now at the site where the pump is it's stagnant water, which we're concerned that it could be a breeding zone for mosquitoes. So we have a lot of questions, but I just want to point out a few factual things. And one of the pressing questions is, shouldn't the source of the water be determined TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 16 of 51 before a project of this magnitude is moved forward upon? And there was a water test completed last year, but it was inconclusive. But they never ruled out -- they did not say that the source was not spring water, which we're thinking it's spring water or ground water. The Arizona Department of Water Resources noted in a report in 2012 after the lake was drained that there was still water surfacing, which could indicate that this is ground or spring water. There was not an environmental impact assessment completed and we feel this is very important. There are riparian water rights and they are subject to reasonable use of water, stating the water user cannot interfere with the reasonable use of a downstream riparian landowner. And -- DICKEY: Susan, are you almost -- DEMPSTER: Oh, yes. Yep, thank you. DICKEY: Thanks. DEMPSTER: Over half of all the animal species in Arizona depend on riparian habitats for their existence and riparian areas are amongst the most productive ecosystems in the world. And we just ask to have some water flow back and perhaps do another water test and an environmental impact assessment. Thank you for the extra time. Thank you. WOLBORSKY: I'm Kim Wolborsky and I have been a resident of Fountain Hills for almost five years. The best town in the world. I try to come up here and not say anything unkind, and I try to be thoughtful and I've just got to say this because I was just so shocked by it. My husband Barry and I attended the Town Council's meeting to canvass and approve the Mayor and Council votes last week. There were only a few of us in the audience. It was really interesting and I recommend it. This portion of the meeting was very short and very sweet. But the other order of the business were the Mayor, Council and staff to take the opportunity to say farewell to our dedicated and ever-cheerful Town Clerk, Linda TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 17 of 51 Mendenhall, who's moving to Texas to clerk for a larger town. The statements were kind, appreciative, and all about Linda, until Councilmember Peggy McMahon spoke. After repeating Linda's credentials which Councilwoman Kalivianakis had just listed -- and there are a lot of them, she's great -- Ms. McMahon used her time to bring up the lawsuit involving the petition. And while she did this, she attacked Councilmember Gerry Friedel by name, along with others on the Council. This cast an ugly haze on the entire event and it was really unfair to Linda. When Councilman Friedel spoke, he rightly mentioned that this wasn't the time or the place for this kind of talk. I personally wonder if Councilmember McMahon was using the opportunity to do some campaigning. Councilmember Friedel is running for Mayor in this election. It's well-known that she doesn't support him. I've heard Ms. McMahon mention that she's taken a civility course. Perhaps she needs a refresher. And I bring this up because -- first, because it was just so upsetting. It was such a nice evening and I was so upset about it, but also to have the Council just in general remember, you know, that we're listening and you know, this is -- what you say affects everyone in the audience. And, you know, we're asked to be civil and I'd like you to, too. And I didn't want to just say that to the Council. I used to work for a place; whenever anybody did something, they'd come and make a rule for all of us. So I wanted to say what brought it up. But thank you for your time. DICKEY: Thank you. Do we have any more speaker cards? PADGETT-ESPIRITU: No, we do not. DICKEY: Okay. Just on that note, if the Councilwoman was here this would be an opportunity -- she would be able to respond. And then about the spring water or the wash, staff is going to be talking and TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 18 of 51 getting in contact. There's a lot of moving parts with that. So we appreciate that as well. Okay. Our next item is our Consent Agenda. Do I have a motion, please? GRZYBOWSKI: Move to approve. KALIVIANAKIS: Second. DICKEY: Thank you. Roll call, please? PADGETT-ESPIRITU: Councilmember Toth? TOTH: (Inaudible). PADGETT-ESPIRITU: Councilmember Friedel? FRIEDEL: Aye. PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: Yes. PADGETT-ESPIRITU: Councilmember Grzybowski? GRZYBOWSKI: Aye. PADGETT-ESPIRITU: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. PADGETT-ESPIRITU: Mayor Dickey? DICKEY: Aye. Thank you. Yeah, we didn't hear one, so we're just kind of laughing about it. PADGETT-ESPIRITU: Oh -- TOTH: It was aye, sorry. PADGETT-ESPIRITU: Thank you. DICKEY: So it's six -- sorry, six to nothing. Okay, great. Thank you. Our first regular agenda item is about a Special Use Permit. Rachael, is this -- let's see. Thank you. GOODWIN: Mayor and Council, just for an update, usually you see John join us for these conversations. However, John is under the weather tonight, so Farhad's going to take the lead. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 19 of 51 DICKEY: Thank you. TAVASSOLI: Okay, great. Thank you, Madam Mayor and members of the Council, welcome back. What you have before you is a Special Use Permit extension request for the address at 16828 East El Pueblo, which is near Fountain Hills Boulevard and El Pueblo, just north of town. A little bit of background. I was going to highlight some portions of the zoning ordinance before I get into the details of this extension request. But residential uses in a commercial zoning district, which is in fact the zoning designation for this address that I just recited, it requires an approval of an SUP. They must submit for a -- or the applicant must submit for a building permit within six months or the SUP expires. However, the applicant may request an extension to the SUP. So in this case, Council considered and approved a Special Use Permit for seven units at the address I just mentioned on September 19th of 2023. It consists of seven residential units on the lots that you see here on the lower left, and as well as just -- I provided the southside elevation in case that -- the case might ring any bells. But again, this was approved on September 19th. The applicant was required to submit a site plan by six months later, so by March 19th. That was actually when the applicant requested an extension to the Special Use Permit. Now, through no fault of the applicant, this extension request came to light a little bit late. That's why you're seeing this right now, after the summer break. But I want to inform you that a site plan has recently been submitted and since last September, there have been no significant changes in the neighborhood or requirements since the approval of the SUP. We haven't gotten any, you know, additional comments regarding the SUP since its approval. Up until the SUP was approved, we did receive neighborhood support. Staff is recommending approval of a six-month extension in this case, which means that a building permit must be obtained by the applicant by January of next year, January 20th of next year. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 20 of 51 The applicant is here to explain how things are going with regards to his project, but with that I'll end my comments and open up to questions or a discussion. DICKEY: Does anybody have any questions about this? Do we have any speaker cards? PADGETT-ESPIRITU: No, we do not. DICKEY: Okay. Oh, yes, sir? FRIEDEL: Move to extend the approval of SUP 23-000006 to January 20th, '25. TOTH: Second. DICKEY: Thank you. Roll call, please? How many zeros were that? PADGETT-ESPIRITU: (Indiscernible) zeros in there. Councilmember Friedel? FRIEDEL: Aye. PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: Yes. PADGETT-ESPIRITU: Councilmember Grzybowski? GRZYBOWSKI: Aye. PADGETT-ESPIRITU: Councilmember Toth? TOTH: Aye. PADGETT-ESPIRITU: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. PADGETT-ESPIRITU: Mayor Dickey? DICKEY: Aye. PADGETT-ESPIRITU: The motion passes six to zero. DICKEY: Thank you. Thanks a lot. TAVASSOLI: Thank you. DICKEY: Our next item is -- let's see. Exemptions for a license for peddlers, canvassers, and solicitors. Hi, Paul. SOLDINGER: All right. Good evening, Mayor, Vice Mayor, and Councilmembers. It's nice to be back in front of the dais. Bear with me a little bit because I will be filling in for TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 21 of 51 John tonight and hopefully I can answer any questions that you may have. So just a little bit of background on this agenda item. Our current Town Code, Article 8-2, provides regulations for peddlers, canvassers, and solicitors, or door-to-door salespeople. This Town Code item was last updated in 2016 and a particular section provides exemptions from this requirement for door-to-door salespeople that are selling magazines and newspapers. There have been some recent situations where concerned citizens in town have reported some disturbing situations with these salespeople and therefore, if we had a license requirement in place or if this exemption was removed, we'd have a little bit more information about people that are going door-to-door selling newspapers and magazines. And we also are recommending a few other changes that would benefit this section of Town Code. So the proposed amendments are pretty straightforward. We're clarifying that persons who are collecting these payments are persons that are representing certain organizations and we're striking number 4 there on the screen, which would just remove that exemption for the door-to-door salespeople for newspaper and magazine subscriptions. And for this particular item, we're also recommending that we remove garage sales from this section, this part of Town Code because it's already exempt from the business license requirements in another portion of Town Code, so it really seemed unnecessary for this section and that's why we're proposing striking all this information on your screen as well. And our staff recommendation is to adopt the resolution as presented and I'm open for any questions that you have. DICKEY: Thank you very much. Rachael? GOODWIN: Mayor, just to add on. Thank you for pinch-hitting tonight. I appreciate it, Paul. I think it's notable that this item actually came to us via a staff member. It TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 22 of 51 actually came from Rhonda Brenneman. If you all know Rhonda, she's our customer service rep up front. She knows everything about everything. She is a fantastic representative to our community. And she was getting calls about this, about door-to- door magazine and newspaper sales and people were concerned. Why are they here? Are they allowed to be here? They can't answer my question. So there was concern from the community and she raised it through the staff for us to review the ordinance, look at it, see if there's a way to answer that call. So I really wanted to thank her for her listening ear to our community and then sharing that with the staff to make sure that we could do this and make these updates. DICKEY: Thank you. Do we have any speaker cards? PADGETT-ESPIRITU: No, we do not. DICKEY: Thank you. Vice Mayor? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, I just want to comment, actually, to John -- I hope he gets well -- and to you as his advocate, this is a really nice piece of work. It's a really nice ordinance. I really appreciate the laser-like focus on magazine and newspaper subscriptions. And also if you look at Section 1 in 8-2-4, it gives a whole laundry list of people that are excluded. Because as soon as I saw this, I'm like are we going to run too big of a net? But not only did we laser-focus who was going to be covered, but we also did all the exemptions and who this doesn't pertain to. So this is like a piece of genius and I just want to pass along this is a really good ordinance. SOLDINGER: I'll let John know. Thank you, Vice Mayor. KALIVIANAKIS: I'd appreciate it. DICKEY: Sharron? GRZYBOWSKI: Actually, I just wanted to say that I wholeheartedly agree. I get texts every so often from people going damn it, they're at my door again. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 23 of 51 So I think it's brilliant and if we're ready, I'd like to move to approve Ordinance Number 24-12, AKA Rhonda's Ordinance. ALL: [LAUGHTER] FRIEDEL: She'll love that. TOTH: Second. DICKEY: So we have a motion and a second. I just wanted to mention that it was kind of -- it was kind of funny to have garage sales as something that people tried to sell door-to-door, so I'm just glad to see that come out. And just for Hannah's sake, this does not preclude political going door-to-door; is that true? Is it just for selling stuff? SOLDINGER: Mayor, Council, yes, I believe so. It'd be related to the business license regulations part of the Town Code. DICKEY: Okay, great. Thank you. KALIVIANAKIS: Yeah, I specifically asked those questions in advance of this meeting. It does not have anything to do with political speech. DICKEY: I was just saying. KALIVIANAKIS: So yeah (indiscernible). DICKEY: Roll call, please? PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: Yes. PADGETT-ESPIRITU: Councilmember Grzybowski? GRZYBOWSKI: Aye. PADGETT-ESPIRITU: Councilmember Toth? TOTH: Aye. PADGETT-ESPIRITU: Councilmember Friedel? FRIEDEL: Ayes. PADGETT-ESPIRITU: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 24 of 51 PADGETT-ESPIRITU: Mayor Dickey? DICKEY: Aye. PADGETT-ESPIRITU: The motion passes six to zero. DICKEY: Thank you very much. Thank you, Paul. Our next item is about a grant from MAG for possible Electrical Vehicle Charging Siting Plan. And we have Justin for that. WELDY: Madam Mayor, Councilmembers. Welcome back. You'll recall in the past on behalf of town staff, I came before this Council and asked permission to apply for grants. Part of that conversation involved if and when we were selected for one that would have a positive impact on this community, we would return with the details. We're here tonight to discuss those details. This particular grant from MAG is a regional grant that is tied to the Regional Electric Vehicle Charging Network. In this particular case, it's wholly funded with no money coming from the Town in the amount of up to $100,000 to put together a siting plan. This is a concept plan to show the ideal location, what infrastructure may or may not be necessary to accomplish the goal, and provide some concept design work to show us what it would look like and the location where it would be. The agreement to work with MAG and the Regional Council on a siting plan is not in any way, shape, or form a guarantee that this will move forward. This just allows the regional government an opportunity to see what challenges are faced, if the obstacles can be overcome, what the pros and cons are for each location, not just this one, and then decide how to fund it and where to place them for the future. It should be noted, assigned to the Public Works Director in the General Plan is direction for working with and establishing electric vehicle charging locations. It's also in the Strategic Plan. We have met part of that requirement utilizing primarily grants to install the Vehicle Charging Stations at Fountain Park and the one here at the Community Center. As part of this, staff has reached out to the industry giants, one TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 25 of 51 particular name brand that everybody is familiar with, and then all the other name brands that allow vehicles to charge, and asked them to please consider a location on Shea where we would provide the property if they provided the infrastructure and installed a giga station. This is basically a high speed that allows someone to pull into this area adjacent to Target and near McDonald's, plug their vehicle in. While that's underway an hour or so, grab a meal, do a little bit of shopping, and then be on their way. There are three different types of charging levels. The first one is a Level 1, which is the equivalent of an extension cord from Town Hall to your car. It will take a couple of days to accomplish a reasonable charge. The second one is a Level 2. Level 2 is what we are currently utilizing at the Community Center and also at Fountain Park. Each of those charging stations are on a 40-amp parallel circuit that allows a vehicle in the two hours that they're permitted to be there to get about a 15 to 20 percent charge. For a full charge at a Level 2, and I have one in my home for my wife's vehicle, it takes approximately six hours. So we're looking for the Level 3 or above that. The Level 3 will charge an electric vehicle up to 45 or 50 percent in an hour or so. The gig will obviously result in 75, 80, even 90 percent in less than two hours. This siting plan is going to help determine what would be the best fit for that location and provide an estimated cost should it be decided to go forward. In the event that it's decided that this is the ideal location based on all the data and information gathered, additional funding from the regional government will be necessary to accomplish that goal. I would strongly recommend moving forward, that the Town's contribution if it's so decided by this elected body would be the land necessary and someone else would be responsible for the infrastructure and the units themselves. With that, if there are any questions, I'll do my best to answer them. DICKEY: Councilman Skillicorn, and then I'll ask for cards. SKILLICORN: If you want to do cards first, that's fine. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 26 of 51 DICKEY: Do we have any? PADGETT-ESPIRITU: Yes, we do. The Town actually received five written comments, one with the position of against, and four with the position of for. And then we have one request to speak and that is Barry Wolborsky. WOLBORSKY: Sorry, Justin. WELDY: How are you doing, Barry? WOLBORSKY: I'm Barry Wolborsky. I live here. Several months ago, the Council voted to allow staff to apply for grants without coming before the Council for approval. I thought it was a bad idea then and now we have an example of why that is. In keeping with the Green New Deal, MAG has awarded the Town a grant of $100,000 for a study -- we love studies -- to develop a siting plan for an electric vehicle charging station for multiple vehicles. And it should be known that this station would primarily not serve town residents at all. The purpose of it is to serve vehicles driving down Highway 87, SR 87. I'm totally opposed to accepting this grant. My concerns are: 1) Do we have to donate the land? And I think Justin just said we did. 2) Do we pay the electric bill? And I mean this is a supercharging station, so the electric bill is grande. 3) Do we pay to maintain the facility? 4) Are we legally responsible for any damage caused by the charger going wild and frying a $30,000 battery? 5) If the study goes over $100,000, are we responsible for that? And 6) Once the study is complete, who pays for building the site? And is that a grant and we pay the overage, or what? Staff stated that refusing this grant will have a negative impact on the Town's ability to receive future grant funding from MAG. I've heard that before, but I've never seen it in writing, I've never heard a MAG official say that, and I'd like to do that. Otherwise, I would consider it either rumor or misinformation. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 27 of 51 One last thing. When staff gets to do grants by themselves, it's totally opaque to the public. We never get to see it. We never get to know what's happening until boom, here it is. And opaque is what this Council has been about. SKILLICORN: Thank you, Madam Mayor. Director, there is a little bit of this that I was working with our Economic Development Director on, and actually I kind of thought it was kind of rolling. But typically, most of the -- at least the superchargers are on private property and we are hoping to put one in the Target area there, in their parking lot. And you know, one of the questions is that -- typically they are not going to be people that live in town and even when I talked to someone from Tessla they mentioned like oh yeah, we'd like to get someone there. And actually a couple of months ago, I talked to someone about it. And I thought to myself, well, it has nothing to do with me. I wouldn't use it because I have, you know, electricity in my house. But it is for people that are travelling through Fountain Hills and then, you know, of course they're going to walk into Target and buy something and that's going to help our bottom line. So I'm favorable on that note, but I just want to point out that we want to make sure that we want to work with Economic Development on this because I look at how the current chargers are totally underutilized. Today when I pulled up at the Community Center, there's no one using them. The same thing down by Fountain Park. Now part of that, we changed the terms, that we're not paying for the electricity for free anymore. And now that the ChargePoint is much more expensive than our residential electricity, so I don't think that many people with electric cars use those ChargePoint ones anymore. But I would note that having them so far away from retail opportunities on our end was a bad idea. So typically, most towns put these near retail, near restaurants. Because if you're going to a restaurant and hey -- the electric car charger is open, I'll park there -- yet they go into the restaurant and spend $60, right? And their sales tax more than TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 28 of 51 makes up for the electricity paid for in that case. And it works out well. Unfortunately, where we have it now they're underutilized and they really don't help our retail. And that's one thing we have to have an attitude for is we have to help our retail. So having them near Target is great. One question I have, though -- this is very longwinded -- does it have to be on Town property? So usually, the superchargers are on private property, at least what I have seen. WELDY: Madam Mayor, Councilmember. The Regional Review Panel will certainly take that into consideration. The Level 3 chargers and/or superchargers are privately funded and that's the reason they're on private property. I'm not aware of any joint agreements between any state or local governments being on private property. Those chargers are usually in the right-of-way or on government-owned land around their buildings. Any private property owner, regardless of the size of their property down on Shea, is free to pursue an agreement with one of the giants in the industry. Obviously, there would be process for that. But we don't have any prohibitions on that, so they are free to pursue it by all means. This one, however, it's government money, so it would need to be within the Town's right-of-way or a permanent easement or access agreement entered into between the owners and the facility operator. SKILLICORN: Madam Mayor, may I ask one follow-up question? Director, so this is about like a public or a like a federal government or county- funded, or even potentially a town-funded site, not a private sector site; is that correct? WELDY: That is correct, Councilmember. The funding primarily would come from the federal government to the state government. And then depending on the circumstances surrounding each site location, a local fund match and/or an in-kind match -- that's where staff and land are exchanged, instead of funding -- is possible. SKILLICORN: And Madam Mayor, one more follow-up question? This $100,000 is just for the siting plan; is that correct? WELDY: That is correct. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 29 of 51 SKILLICORN: Okay. It's a lot of money just to find a lot, but okay. Thank you. DICKEY: Vice Mayor? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, I've got a couple questions, too. I'm kind of drilling down on what Councilman Skillicorn said. I understand that private property, they can explore charging stations and make a profit, but in this case, I guess what I don't feel like we've gotten an answer to is, is this going to encumber public property and will the public taxpayers be responsible to be building electric charging stations, or at least housing them? WELDY: Madam Mayor, Madam Vice Mayor, so the siting plan will include all of those details. As the Public Works Director, I would strongly recommend that we offer up a portion of the generous Shea right-of-way for them. All of the finer details will be decided as part of the siting plan. This is not the only time this staff is going to be before this elected body to discuss this. There are several more visits as the plan proceeds forward that we will come back and start dealing with some of those finer details. KALIVIANAKIS: And as I investigated this project, I did make inquiry. This can be a moneymaking proposal for the Town, can it not? We can actually make money on selling this electricity to electric cars? WELDY: Madam Vice Mayor, what we can do is charge a user fee. But we're not a utility, so we can't sell electricity. That's regulated by the Arizona Corporation Commission. I'm not in a position to comment on whether or not any return on investment will be positive because I do not know the overall costs and how long it will take to recover that. I can give you an example. The charging stations that we have right now have not yet paid for themselves and we charge a user fee for that. KALIVIANAKIS: Okay. And so like Mr. Wolborsky said, the maintenance on these things, would that be included in the user fee? And then a part of the user fee would go to maintain these stations? And would the Town be responsible for the maintenance of TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 30 of 51 these stations? WELDY: Madam Vice Mayor, all of those finer details would be worked out if the site is selected, but certainly it could be discussed as part of the siting plan. This is just a preliminary where we've been asked to seek a location utilizing their funds. KALIVIANAKIS: And so the questions of liability, who pays, and the other questions that have been addressed tonight are going to be determined later? WELDY: In regards to liability, I don't dispense legal advice. We have somebody that'll do that. But yes, we will do our best to answer all of the questions asked by this Council not only tonight, but should this move forward as we progress and we come back and share the updates and/or concepts with the Council. KALIVIANAKIS: I know this is just a concept, Aaron, but do you have anything to weigh in on this? ARNSON: In terms of the liability aspect -- KALIVIANAKIS: Yeah. ARNSON: -- of it, Mayor and Councilmember? I mean, I'll give you the most lawyerly answer I can possibly give, which is my guess is it depends. And it's really the case. When these things happen, typically when a plaintiff files a lawsuit, they're going to file against any party that could potentially be involved if it's a private landowner and if it's a government-funded or sponsored thing. It's like when a car accident happens on a road, you know -- KALIVIANAKIS: Um-hum. ARNSON: -- and there's like -- they're alleging inadequate construction or defective road condition. So the possibility of it happening exists, that's true. It doesn't mean that the Town will actually incur liability, I guess is the best answer to that question. KALIVIANAKIS: Okay. Thank you, Aaron. And then I just have one more thought. And I am going to vote yes on this, because I think it's always good to be prepared and this is just for a plan. And like you TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 31 of 51 said, it'll come before Council incrementally to determine what we're going to do with the plan. But the only other problem I have with the plan is if the cost exceeds $100,000, that the Town shall be responsible for the difference. And so if -- I would make a motion to adopt Resolution 24-35 and authorize a capital project with the amendment that any funds in excess of $100,000, no matter how incremental or how small, would come back before this Council for approval. DICKEY: Is that a motion? KALIVIANAKIS: That's a motion. DICKEY: There's a motion. Is there a second? KALIVIANAKIS: With amendment. FRIEDEL: Yeah. DICKEY: It's a motion to approve accepting it and if it goes above the $100,000, then we would hear it again. Could we get a second for that? GRZYBOWSKI: I'll second that. DICKEY: Thank you. Okay, further discussion. Councilman? FRIEDEL: I think Hannah was before me. TOTH: Oh. DICKEY: I'm sorry. TOTH: Thank you. I, like anybody else, love free money, but I do not love dedicating staff time and resources to something that is not a realistic plan for the Town. I don't see an electric vehicle charging station happening anytime soon. This study -- this would be $100,000 just for the study. The deal of building it, whether that was us, the Town managing it or getting someone to build it for us, all of those details, I just don't see that being a priority soon. I will also add that we have our downtown strategy on the way. We have other TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 32 of 51 projects that staff is trying their best to be able to focus on. We've been encouraged to try and get things off of the staff's plates, get the projects completed. And I like free money as much as the next guy, but it doesn't do us any good if we can't spend it on something that helps us. So I will be voting no on this. On top of that, I doubt they're listening right now, but if someone from MAG or someone who speaks to MAG -- I would like to encourage them to consider SRP or one of our electrical companies taking some of the federal money that they've been given as a grant to do a study countywide to see if the grid can handle things like that, how much room we have in the county for more electric vehicle chargers. I think that could be very helpful from the company side of things. Because as we see in California, if we're not thinking about our electrical grid and what we can handle and kind of building before we're ready for it, it turns into a rough situation. So that's my thoughts on that. FRIEDEL: Thank you. Free money isn't always good money. I have concerns about, as Hannah mentioned, time for our staff. We've got so many projects in the works right now. I think our staff should be focused on those projects first. There's no clear path forward with this, so I'm going to be a no vote because we need additional funding after this to put these units in place and there's no money to do that without help from somewhere else and there's no guarantee that that help is going to be on the horizon. The land donation, that kind of bothers me, too. If the private sector wants to explore these, there's every opportunity out there as you mentioned, Justin, for them to go out and do that. And I think we leave it up to them and we stay out of this. That's just my two cents. DICKEY: Councilwoman? GRZYBOWSKI: I thought I'd give everybody else a chance to talk, because you guys all know I have something to say about this particular topic. I have two questions and then some things to say. The first one I want to ask is TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 33 of 51 can this grant money be used for anything else? WELDY: Madam Mayor, Councilmember, no. GRZYBOWSKI: Okay. The second question I want to ask is, I believe I heard you say that you approached some of the vendors that install the chargers, the Level 3, the Level 4 chargers, to be the ones financially responsible to put it in. Is that what I understood you to say? WELDY: That is correct, Councilmember. GRZYBOWSKI: So if we found land, whether it be town-owned land or private land, you're not currently looking for us to come back to us later to invest money to install the EV chargers that you're talking about right now with this grant? WELDY: No. GRZYBOWSKI: Okay. Thank you. So the first thing I want to talk about is ChargePoint does not charge significantly more than you pay at your house. I think Justin said it exactly, that they can't because they're not a utility company, so you get charged a user fee. Just yesterday, I filled up my tank from about 18 percent battery to a little over 80 percent battery and it cost me $8.37. That being said, it's the vehicle owner that pays for this charge. Oh, and you should probably also know, I use ChargePoint every single time I charge my car and I pay about what I did at home except for the fact at home I also had solar power, so we charged in the middle of the day when the sun was paying for it. The vehicle owner pays for the electricity. That is not a cost to anyone else. The only reason why it was free for a period of time here in town is because of the legal aspect of -- we installed this new thing, we cannot charge you for it until it's like 60 days' notice or whatever. I'm looking at Aaron for a nod of the head. There is a legal notice required that we can't start charging you tomorrow, so this is our proposal. We're going to charge you this and it's effective such-and-such a date. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 34 of 51 That is the only reason why it was free for a period of time. Am I correct, Aaron? ARNSON: Yeah. Mayor and Council, because of notice requirements as you stated that have to be followed before adopting (indiscernible) . GRZYBOWSKI: So it had to come before Council to agree to the price, and I don't even remember what that was. But the point is once Council agrees to the price, there is that number of days that we have to have the public notice. So that's the only reason why it was free. We weren't doing it for free out of the kindness. We were doing it for free legally. Then the next thing I want to talk about is that the government has a history of subsidizing this kind of new technology. In June of 1956, Eisenhower signed the Federal Aid Highway Act of 1956 into law. The government would pay for 90 percent of the cost of construction of interstate highways. Then the previous industrial revolution, we had the Pacific Railway Act of 1862, authorizing the construction of the railroad and provided government bonds and land grants to fund the project. This isn't new stuff. I don't want people to be fearful of new. Anyway, it's not new. This is something the government has done. They realized that there are EV users. Electricity is a great way for us to help fossil fuels. And as for SRP, they are out there promoting purchasing electric vehicles. I have attended a number of meetings where there have been SRP representation who are eager to help us have ride and drives and introduce people to the concept of electric vehicles. I have been 100 percent electric for I think six years now, including two electric motorcycles and an electric scooter. So to say that this is new and to be worried about taking money that yes, that is free, and if we don't use it we can't put it to something else -- all we're doing is taking this free money and preparing for the opportunity to have this. Yes, I will only be plugged in for 45 minutes or maybe only 20 minutes because Scott and I like to stop a little bit more often, so we'll plug in for 10 to 20 minutes while we run in and potty and grab snacks. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 35 of 51 The point is, it's a great introduction to town. We need it on the East Valley very badly because there is nothing going down 87, and we might as well be the people to take advantage of it. Thank you. I'm really sorry. I will stop preaching. DICKEY: No need. Vice Mayor? KALIVIANAKIS: Thank you, Ms. Mayor. I just have one thing before we take our vote, just to kind of remind my colleagues of. And Hannah, Councilwoman, mentioned California in her presentation and I think we all look at California as a trainwreck. But what a lot of people don't take into account when they take into account California is a lot of the crazy, nutty things they do are to comply with EPA and other alphabet agencies in Washington, D.C. And so you're like, you know, why do they do this? Why'd they do that? Why'd they do this? Well, because the federal government has them tied up in knots. And what I'm afraid of is like Sharron said, this is new technology. It's going, you know, with the Teslas and, you know, you name all the car companies that are going there. And I wonder if in the future either the federal government or the state government mandated that Fountain Hills come up with an electrical plan, and if we vote this down tonight, then we'll rue the day that we had $100,000 to anticipate what could be a future mandate to Fountain Hills and we passed on it. And then we, this body, will be paying and the taxpayers will be paying for the study that we're rejecting tonight. And so I warn people that let's just get the infrastructure, or let's get the plan, and if down the road we're required to implement it, then we won't have to pay for it. And so that's why, you know, everybody knows me from having the five internal combustion engines and being a little green suspicious. But this is just good public policy to take this money and to be anticipating the future and that's what I think we should be doing, is anticipating the future. DICKEY: Thank you. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 36 of 51 Councilwoman Toth? TOTH: I just want to make something extraordinary clear. I'll even look into the camera for this one. If the state or federal government tried to force me to switch to clean energy before our nation is actually ready for that technology, as proven by multiple other municipalities who have tried to force others -- or not municipalities, other states who have tried to force municipalities to switch to clean energy. We are already seeing it. If the state or federal government tried to force us to do that, I will fight them every single step of the way. DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. I do want to add just a -- maybe reassure people a little bit. If ChargePoint or Tessla or one of the other companies approached Fountain Hills and said hey, we'd be willing to put a charge station on right-of-way in your town if you guys donated to it, they could always ask this Council to do so and I would be okay with that. I don't know if we need to use $100,000 to do a study to do the same exact thing. And frankly, no money is free money. It's still the people's money. And this is just going to go to lining some pockets, to some engineering firm, so -- DICKEY: The staff already put time into applying for this because we gave our consent for them to do that at a public meeting. So some time has been spent already to apply for this and they were successful. I think at first it was even going to be for $50,000 and we got $100,000. So there already is some staff time involved and it was successful. The other thing is we -- I think -- as Sharron was saying, looking to the future, we don't know. So if they come back and they say yeah, this would be the perfect place for it, we'll be armed with that information. And at that time, whoever might be on the Council or whenever that is, then whatever business is around would have the opportunity to weigh in and know that this is something that the Council is considering as a project. This doesn't, obviously, make us or commit us to do anything. But there are TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 37 of 51 things we don't know because it'll be in the future when it comes out. When it comes out, maybe all of a sudden there are other grants that they are -- and it is something that is going on countywide to put some stations all over the place. So at that point, maybe they're just like look, we need three in the East Valley or something. So we don't know for sure. I don't see it as a dead end at all. I feel like either the Town would decide that they do want us to pay money for it or that there would be a grant available. And then some of the stuff, Brenda, that you said about EPA, is indeed true. And in fact, the county is on the verge of being downgraded. And what happens when the air quality becomes like that, it's not to the extent where you were talking about, Hannah, but it's like then you have to make choices. You know, so say Chandler's getting a new chip factory. Well, that factory then all of a sudden can't come in because they cannot get EPA to buy off on it. So whether we like it or not, this is what's happening. I'm not saying I agree or disagree, but it's the case right now. And we are on the verge of being downgraded. And that, you know, when you said anybody that talks to MAG, well, I do hear these things and actually all of these presentations are online. And if you go to the MAG website and read them, or I mean listen to them, it's sort of like oh boy, what are we going to do in order to -- It's something that's happening, whether we like it or not. Not to the extent that you're talking about, but if this is something that can help along the way and it doesn't commit us, and it will be good for the businesses that are around it and it would be good for Fountain Hills, too, people, because we'll have an opportunity to use it if we have an electric vehicle. And so I was going to make a joke about how we really need it for all our electric trash trucks, but I won't do that. ALL: [LAUGHTER] DICKEY: Anyway, I think it's a good idea. I don't think -- it's not going to take any more time than it's already taken because they applied for it after we told them to, so I am TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 38 of 51 definitely in favor of this. If there are any other -- and especially with your amendment. KALIVIANAKIS: Right. DICKEY: So any other comments or questions? No? All right. Well, we have an amended motion and a second, so could we do a roll call, please? PADGETT-ESPIRITU: Councilmember Grzybowski? GRZYBOWSKI: Aye. PADGETT-ESPIRITU: Councilmember Toth? TOTH: No. PADGETT-ESPIRITU: Councilmember Friedel? FRIEDEL: No. PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: No. PADGETT-ESPIRITU: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. PADGETT-ESPIRITU: Mayor Dickey? DICKEY: Aye. All right. PADGETT-ESPIRITU: Three to three. DICKEY: Three to three. A tie. It doesn't pass, so there we go. Our next item is about money that we do have to spend due to an error from the County or the Treasurer's Department. So we'll hear from Paul on that. SOLDINGER: All right. Mayor, Vice Mayor, Councilmembers, I will now be presenting some information and requesting authorization to proceed with a repayment to the Maricopa County Treasurer's Office for the County to administer tax corrections for parcels within our Town. So just some background on the lawsuit that you've probably seen in the news all over the place. The Qasimyar v. Maricopa County lawsuit was brought forth by taxpayers in 2016 against Maricopa County and was affirmed by a Tax Appeals Court in TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 39 of 51 2021. That challenged the way the County was assessing or not reassessing property values within Maricopa County. Specifically, the lawsuit challenged that state law required reassessment of owner-occupied residential properties once the classification changed to a rental property or a secondary home. These reassessments, the values could have changed both ways, but the reassessments would've resulted in different assessed values. And shortly after the lawsuit was affirmed in 2021, the legislature modified state law to no longer require the reassessment of properties after the change in classification. So basically, this is a past years issue. Just some really brief Town background. The Town, as you may or may not know, issued over $7,000,000 of general obligation bonds around fiscal year 2015 and for the next five years or so, the Town levied secondary property taxes and paid off that debt by fiscal year 2020. The Maricopa County Assessor's Office and Treasurer's Office, they're the ones that administer the whole property tax process. The Assessor's Office administers the assessments of properties and the Treasurer's Office administers the property tax collection and remittance to the municipalities, such as the Town of Fountain Hills. I just want to make clear the Town does not administer either the assessment or collection of these property taxes. And as you can see on the screen, the Maricopa County Treasurer's Office recently notified the Town of past overpaid property taxes related to this lawsuit. And as you see on the screen, from -- those are actually tax years, not this year's tax, years 2015 through 2019. The Maricopa County Treasurer's Office notified us that the Town was overpaid about $137,000 of secondary property taxes. With Council authorization tonight, we will repay the liability to the County from existing fund balance in our Bond Debt Service Fund balance and this payment will come from our past fiscal year budget, fiscal year 2024. But this will require a budget authority transfer from the General Fund contingency to be able to make the payment. With that, I open it up to any questions you might have. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 40 of 51 DICKEY: Do we have any speaker cards on this? PADGETT-ESPIRITU: No, we do not. DICKEY: Thank you. Councilwoman Toth? TOTH: I just wanted to throw out there that I think it's a real shame that we're paying for a mistake by the County. I know that there are at least some other government boards that are thinking of going back to the County and saying it wasn't our mistake. But I know that that's also a fight and I don't know if there's heart for it. If I hear from my fellow Councilmembers that we would like to tell the County that you need to pay for your own issues, I would fully support that. But I just wanted to throw that idea out there and hear what everyone else has to say. SKILLICORN: Thank you, Madam Mayor. Director, and actually -- well, maybe two questions, because I wonder if we waited and see if there is some other avenue, and have other cities actually proposed not -- that's interesting, but we could wait and see what the answer to that question is. You know, that's something we could -- you know, we could bring this up. But is there a -- if we delay, let's say we delay this two or three months, is there interest charges? SOLDINGER: Mayor, Councilmember, yes, the County's assessing eight percent interest, an annual interest on the balance if we delay. So three months, that would be about -- and now I'm putting myself on the spot -- about $3,000 or $4,000 additional interest that would be accruing. SKILLICORN: Okay. And Madam Mayor, just one more follow-up. Director, what is the current balance of that -- the GO debt repayment fund and I'm just curious if -- what's going on, you know, is it a positive balance, a negative -- I assume it's going to be a positive balance. And what are the plans on eliminating it in going forward? SOLDINGER: Mayor, Councilmember, a great question. We have a little over $160,000 in that fund currently and so it would cover the entire liability. We'd have a little bit left TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 41 of 51 over for potential future bond issuances or debt issuances. SKILLICORN: And I'm so sorry, Madam Mayor. I'm not interested in paying interest charges and if other towns found an avenue, I think that we would be able to recoup any costs, the money. So I actually want to make a motion to approve. FRIEDEL: I was just going to say that the school district's going to be faced with the same -- DICKEY: A lot. FRIEDEL: A lot. Almost $2,000,000. And I think a couple of years ago, didn't the County bail out Rio Verde Fire Department? They had an issue with a miscalculation, too. GOODWIN: Same thing. UNKNOWN SPEAKER: They're doing it -- FRIEDEL: Oh, the same thing. Oh. DICKEY: Yeah. FRIEDEL: Oh, I think that they're bailing them out, though. DICKEY: Um-hum. SOLDINGER: Yeah, that's an excellent question. Mayor, Councilmember, let me try to address that. That has been in the news with special taxing districts and fire districts. It's just been verbally communicated to me that the County has done that. It's been in the news. So in particular, for example, our Eagle Mountain Community Facilities District that's separate from the Town but still related, that one, I've been told, we've had that balance removed from our liability. But I haven't received formal notification yet. So the issue is that the County only considered special taxing districts such as Eagle Mountain or fire districts that have no more taxing authority to raise those monies to repay those amounts. But I have not heard anything about municipalities receiving that same treatment. DICKEY: Aaron, first? ARNSON: Oh, sorry, Councilwoman Kalivianakis. Did you -- TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 42 of 51 KALIVIANAKIS: Sure, I'll go first. ARNSON: (Indiscernible). KALIVIANAKIS: Okay. ARNSON: I would -- thank you. I was going to say, I don't mind making it a point of discussion at the League Conference next week. The City Attorneys Association, which is having their annual -- we do a semiannual roundtable -- is asking for subjects of discussion, in fact. So I don't mind bringing that forward and asking just in general what are you all planning to do with this? And if it looks like there's an appetite for something going forward, I can certainly report back. I haven't independently heard anything at this point. But it would be an interesting topic of discussion. DICKEY: Brenda? KALIVIANAKIS: Thank you, Ms. Mayor. I'm thankful, unlike the school board that's going to have to make some really tough decisions, that through the leadership of our Chief Financial Officer and our Town Manager, that we're in the ability to pay this and it's not going to hurt very much. I see this as a very simple decision, personally. And that is we were unjustly enriched for five years where they accidentally collected too much money and they gave it to us. And so I think we should give it back because that's the right thing to do. And if there's any legal or technical loopholes or something like that that might prevent us -- we owe them the money. We know we owe them the money. Let's just get it over with, right? And pay them back. DICKEY: Councilwoman? TOTH: I have just one more chirp on this. I am going to vote in favor of paying for it and hopefully, Aaron comes up with good news next week. I have heard from my contacts in other municipalities or school boards that there's whispers of actually bringing this back to the taxpayer. So to explain the narrative to everyone, you, the taxpayer, were overcharged. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 43 of 51 The County then distributed that money throughout the county and now that they've been told that they need to pay it back, they brought it to us and said well, actually, we gave that money to you. You need to pay it back. And then we, the municipalities, have the -- well, we are in a -- to Councilmember Kalivianakis' point, we are in a blessed state that we're able to pay this money. But for the sake of some of our other municipalities and school boards and governing boards, we're then put in a difficult position of do we cut out a project? Do we make cuts to our budget? Do we ask you for your money again, so that you can get it back in the mail in a couple weeks? Let's be honest. It's the government. It'll be six months. I know I'm partially oversimplifying the issue, but I think it's very important that the people listening and here tonight understand how this is working because -- I mean, if I were you, I'd take major issue with it. DICKEY: Councilwoman, were you going to say something? GRZYBOWSKI: I was just going to ask if we got a second? Didn't we get a motion and no second? SKILLICORN: No second. Second. DICKEY: Did we get -- we got a motion? Okay. They are giving it back to the taxpayers, so just to make sure we say that. You know, that's what's happening. They're not giving it to the County. We're giving it back. They are giving it back to the taxpayers. Yeah. Because like for my dad's house, we just got -- my sisters and my brother and I just got a check. Like 20 bucks each, but it's -- you know, we don't have a lot of property tax in Fountain Hills. But it's definitely for those years -- when you look at when it is, it really makes sense. So I just want to make sure, because I wasn't sure if that was the message that got out. Hannah? TOTH: Thank you, Mayor. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 44 of 51 And to clarify that point, yes, the County receives the money, redistributes it back to the taxpayer. My concern, however, is for our governing boards that are in a tight position and trying to find a way to find the money, if they then go back to you. So maybe my timeline is off. You receive your check from the County for the money that you overpaid and then you see a bump in what's due to your local organizations. What I'm trying to describe is that the way that this has been handled should be entirely unacceptable to the taxpayers of Maricopa County. SOLDINGER: Before you vote, Mayor and Council, I just want to bring up one more consideration or fact. We are in the middle of our fiscal year '24 audit and we're in the middle of closing our books for fiscal year '24, so if you do decide to push back the payment, we probably won't be able to use fiscal year '24 funds. So that's just something to consider in voting on this. DICKEY: Thank you. So we have a motion and a second to -- in the amount of the 137,573. Will we have a roll call, please? PADGETT-ESPIRITU: Councilmember Toth? TOTH: Aye, regrettably. PADGETT-ESPIRITU: Councilmember Friedel? FRIEDEL: Aye. PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: Yes. PADGETT-ESPIRITU: Councilmember Grzybowski? GRZYBOWSKI: Aye. PADGETT-ESPIRITU: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. PADGETT-ESPIRITU: Mayor Dickey? DICKEY: Aye. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 45 of 51 PADGETT-ESPIRITU: The motion passes six to zero. DICKEY: Thank you. Our next item is the fun one about the chickens. And we have Farhad, thank you. TAVASSOLI: Okay. So Madam Mayor and Councilmembers, so this is a Town Code text amendment to allow backyard chickens. I want to make clear that this is an amendment to the Town Code, not the Zoning Ordinance, which is often what I come to talk about before you. So a little background. This is in response -- this ordinance or amendment that we're proposing is in response to a new state statute. It started out as House Bill 2325, which was signed into law by the Governor on May 21st of this year and it will become effective tomorrow, 90 days later. So this is a preemptive law barring cities and towns from prohibiting up to six chickens. It applies to single family lots of half an acre or less. I will comment on that a little bit more in a minute. And municipalities may implement certain parameters and those parameters are here before you on this slide. So I just want to make clear that the statute defines fowl as a cock or hen of a domestic chicken. So fowl often means, you know, it could include pheasant or ducks or any kind of poultry. But in this case, we're just keeping it within this species. So again, the State allows municipalities to prohibit male fowl, including roosters, which might sound a little redundant. But also, as the second bullet point says here, fowl shall be kept -- and again, this is the ordinance language before you. The State allows us, municipalities, to regulate these with this language. Fowls shall be kept in an enclosure located in the rear or side yard of the property, at least 20 feet from a neighboring property line and restrict the size of the enclosure to a maximum of 200 square feet with a maximum height of eight feet. The enclosure shall be -- next bullet. The enclosure shall be maintained and manure picked up and disposed of or TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 46 of 51 composted at least twice weekly, and composted manure shall be kept in a way that prevents migration of insects. Water sources with adequate overflow drainage shall be provided. Feed shall be stored in insect-proof and rodent-proof containers. Fowl shall be prohibited from running at large and the height of the enclosure shall be shorter than the fence line of the property. Most residential properties require a fence height of no more than six feet, so any chicken coops cannot exceed that height. So the language in the ordinance before you, the proposed ordinance 24-14, is almost identical to the state statute in HB2325, or I should say, the language proposed in the original House bill. So the existing Town Code, if you looked at the ordinance, it prohibits poultry. Now, that will remain. That language will remain, but it will be further specified, unless permitted by this section. And the previous language that I explained will supersede that. Building permits may be required for enclosures of 120 square feet. The same may be required for water and electricity. It was recommended that we add that language, in case, you know, plumbing code requires permitting or electrical code requires the same. And an emergency clause has been included in the ordinance language, in which case the moment Council decides -- if the Council decides to approve it, it will be effective immediately. So with that, I will conclude my -- or actually, let me go on to my recommendation. We would recommend approval of Ordinance 24-14 as written. I did say I was going to comment on the acreage or the lot size that's specified in the state statute. We fell short of finding an explanation as to why this applies to lots that are a half-acre or less. We as staff don't see any problem with broadening that to any single family residential zoning district, granted that those parameters that I mentioned earlier are met. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 47 of 51 So if the Council chooses, you may amend that ordinance language. And with that, I'll conclude. DICKEY: Thank you. Did we have any speaker cards on this item? PADGETT-ESPIRITU: No. We received only one written comment and their position was for. DICKEY: Oh, thank you. Questions? Councilman? SKILLICORN: Thank you, Madam Mayor. It seems like there's some reasonable restrictions built into this. I would like to make a motion to approve with the amendment to include all single family zoning. TOTH: I'll second that. But I'd also like to make a comment, if that's all right, Madam Mayor? I cannot tell you how excited I am about this. When I very first started running for Town Council, the very first question that I was asked by media, surprisingly not Bob (phonetic) -- I'm sorry, Bob. But the very first question I was asked by media was would you support allowing female chickens in Fountain Hills? So I'm kind of excited that it comes full circle today. And the reason that this is important and I'm not just being silly and happy that people can have chickens -- although they are very cute -- eggs have gone up from a national average of $1.40 per dozen in 2019 to now just recently as of June over $3.00. The American family across the board is struggling to pay for groceries, to meet bills. We live in a very different economy than we did not that long ago. I'm excited that we're a part of this effort to empower the Arizonan to make their own breakfast every morning that they harvested or collected from the chicken themselves. All of that to say I think it's very exciting. I think that the crunchy movement is getting a lot of steam lately of people looking to their own homes and natural TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 48 of 51 ingredients for their food and I think that's pretty cool. I am very egg-cited (phonetic). I love that. ARNSON: I was waiting for that. GRZYBOWSKI: Ba-dump-bum (phonetic). Having lived in Key West for a really long time, I'm going to say I would be annoyed. But there's nothing we can do about it. I get it. I'm not even going to argue that point. I've had two concerns brought to me. One of them is that people already have a tendency to dump stuff into washes and they're afraid that the chicken feces may be dumped into washes. So that is a concern that we probably should be aware of. I've also had a couple people contact me that -- there's a concern that this is going to attract -- we know the predators are out there. But the concern is the predators may be more prevalent and be more -- what word am I looking for -- brazen. Again, there's nothing we can do about this. This is something that's going to go into law and I realize that. It's just something -- a discussion I wanted to make sure that we're all aware of. Otherwise, I feel like we've done a really good job and I like doing any single family home because it didn't make sense to me. A half-acre or less, but if I have to be fortunate enough to afford more than a half-acre, I can't? DICKEY: No chickens for you. GRZYBOWSKI: Yeah, no chickens for you, sorry. So yeah, I approve as written with the amendment. DICKEY: Councilwoman? TOTH: I'm sorry. I just have one quick question before we move on. I did receive some questions from the public regarding what the accountability is in the ordinance for the requirements that we've provided, whether that would be through inspection or through -- I don't know, neighbors reporting? I don't know. But it would be -- ARNSON: Yeah (indiscernible). TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 49 of 51 TOTH: And are inspections something that we're able to do, or is it just reports? ARNSON: Just (indiscernible). TOTH: Okay. So that was the question I wanted answered, and thank you. DICKEY: Well, it looks like we're ready for a roll call, please? PADGETT-ESPIRITU: Councilmember Toth? TOTH: Aye. PADGETT-ESPIRITU: Councilmember Friedel? FRIEDEL: Aye. PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: Yes. PADGETT-ESPIRITU: Councilmember Grzybowski? GRZYBOWSKI: Aye. PADGETT-ESPIRITU: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. PADGETT-ESPIRITU: Mayor Dickey? DICKEY: Aye. PADGETT-ESPIRITU: It passes, six to zero. DICKEY: Thank you, Angela. Our next item is Council discussion, direction to the Town Manager. I have one thing, just these papers which you got which are the resolutions that the League came up with that we'll be considering at the conference. I wanted to make sure that you saw them. They're fully explained in another area, but it wasn't online yet. So this is just the one-pager. But the League has come up with seven resolutions which -- there's five policy committees and then they discuss things they may want to bring forward into the legislature next year. And then on the first day, the mayors have -- we have our resolution committee meeting and then at the end of the conference the whole League looks at them. I wanted to thank Sharron, Peggy, and Brenda for agreeing to participate in one TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 50 of 51 or more of those five policy committees, so that we know that we had Fountain Hills represented as these moved forward. So please just take a look at them and let me know. The League starts next week and -- Sharron? GRZYBOWSKI: I loved participating in these particular groups. It's really informative and the ideas that they come up with and then the discussion we have around each issue, it's intriguing and I really thoroughly enjoyed it. So thank you for letting me do that for the past however many years. I do have one thing that I would like to bring to the Town Manager and to Director Snipes. All projects bring questions from residents and the Fountain of Light project and its delays brought more questions and conjecture than I've seen from any art project. I think part of the confusion may be because the Public Art Committee meetings are not public, so everything that people learn about the committee is more like a game of telephone and we all learned that in kindergarten. It's not a great way to learn information. I'd like to have staff look into making this a little more official by adding it to an existing commission. A commission puts this into a public forum with an opportunity for public comment and verbatim minutes that are accessible from the Town's website, allowing for increased accountability and transparency. I don't want the Public Art Committee to completely go away; rather, I feel like it's going to more like ADOG or an Encore kind of situation. I think that the timing is probably also really good because we've reached the point where we're kind of full and we're not acquiring art anymore. So I kind of see it as a great fit for the History and Culture, or historical and cultural, or whatever their new name is. So I'd appreciate it if you guys would do that, and this isn't one of those things where I'm telling you I want it on next meeting. I want Kevin and Rachael to be able to discuss this and come up with a good plan. TOWN OF FOUNTAIN HILLS AUGUST 20, 2024 COUNCIL MEETING MINUTES Page 51 of 51 Thank you. DICKEY: Vice Mayor? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, I know it doesn't require a vote, but I think that's an excellent idea, Sharron. I think that's very, very intelligent. DICKEY: All right. Thank you. Future agenda items for -- that was kind of it? GRZYBOWSKI: So that's it. DICKEY: Yeah. No, it's good. No, that's good. All right. Great. Well, thank you very much again, and we'll see you next time. And we are adjourned. GRZYBOWSKI: Thank you. Having no further business, Mayor Ginny Dickey adjourned the Special Meeting of the Fountain Hills Town Council held on August 20, 2024, at 7:26 p.m. TOWN OF FOUNTAIN HILLS _______________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________________ Angela Padgett-Espiritu, Acting Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 20 day of August 2024. I further certify that the meeting was duly called and that a quorum was present. DATED this 17 Day of September 2024. _____________________________ Angela Padgett-Espiritu, Acting Town Clerk TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 13, 2024 A Special 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 Peggy McMahon; Councilmember Sharron Grzybowski; Councilmember Hannah Toth; Councilmember Allen Skillicorn Attended Telephonically: Councilmember Gerry Friedel; Town Attorney Aaron D. Arnson Staff Present: Town Manager Rachael Goodwin; Town Clerk Linda Mendenhall Audience: Approximately 30 members of the public were present. TOWN OF FOUNTAIN HILLS AUGUST 13, 2024 TOWN COUNCIL SPECIAL MEETING Page 1 of 8 Post-Production File Town of Fountain Hills Town Council Special Meeting August 13, 2024 Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS AUGUST 13, 2024 TOWN COUNCIL SPECIAL MEETING Page 2 of 8 DICKEY: Good evening, everyone. I think it's 5:30. We'll call this meeting to order, please. Roll call. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor Kalivianakis? KALIVIANAKIS: Here. MENDENHALL: Council Member Friedel? FRIEDEL: Present. MENDENHALL: Council Member McMahon? MCMAHON: Here. MENDENHALL: Council Member Gryzbowski? GRZYBOWSKI: Present. MENDENHALL: Council Member Toth? TOTH: Here. MENDENHALL: Council Member Skillicorn? SKILLICORN: Here. MAYOR DICKEY: Thank you. This is a special meeting. So we're going to go right into our regular agenda. And I don't know, Rachel, if there's anything or if Aaron or you have any sort of an opening or if it goes straight to Linda? GOODWIN: No. I'm going to turn everything over to Linda. MAYOR DICKEY: Thank you. MENDENHALL: Hello, Mayor and Town Council. This item before you today is a canvass of the July 30th primary election. This election saw a remarkable 56.44 percent voter participation. I'll have you note, it was the highest amongst all the municipalities that held elections. Out of 18,060 registered voters, we had 10,193 cast their ballots. We had three candidates running for mayor, and eight candidates running for town council. TOWN OF FOUNTAIN HILLS AUGUST 13, 2024 TOWN COUNCIL SPECIAL MEETING Page 3 of 8 For the council seats, one candidate, Gayle Earl, met the majority threshold. So now she's Council Member Elect Earl. In the race for mayor, we had no candidates receiving the required majority. Therefore, the top two candidates, which are Ginny Dickey, our current mayor, and Gerry Friedel, our current council member, they'll advance to the general election. As for the two remaining council member seats, we have four candidates with the most votes after Gayle Earl, and they'll move forward to the general election. And they are Peggy McMahon, current council member, Rick Watts, Matthew Corrigan, and Clayton Cory. I'm happy to answer any questions. MAYOR DICKEY: Thank you. Do we have any questions for Linda? No? All right. Well, the motion is out there, so if someone would like to make that, I'd appreciate it. GRZYBOWSKI: Move to approve as written. TOTH: Second. MAYOR DICKEY: Thank you. Roll call -- roll call please. MENDENHALL: Okay. Council Member Toth? TOTH: Aye. MENDENHALL: Council Member Friedel? FRIEDEL: Aye. MENDENHALL: Council Member Skillicorn? SKILLICORN: Yes. MENDENHALL: Council Member Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Council Member McMahon? MCMAHON: Aye. MENDENHALL: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. TOWN OF FOUNTAIN HILLS AUGUST 13, 2024 TOWN COUNCIL SPECIAL MEETING Page 4 of 8 MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: Passes unanimously. MAYOR DICKEY: Thank you, Linda. So before we adjourn, I wanted to mention that the community probably read in the Times that tonight is our clerk, Linda Mendenhall's final meeting with the Town of Fountain Hills. You may recall that Linda was named to the honorable -- municipal clerk's honor roll just about a year ago from June. I said at the time, our town is so fortunate to have someone of Linda's qualifications as our clerk. She's recognized among her peers as one of the best, and being named to this national honor roll is another clear recognition of that fact. We all know that Linda fully embraced her vital role as clerk here in our town. She has energy and knowledge, and she demonstrated a positive, very much of a welcoming demeanor. She managed elections in a reassuringly calm way and was impeccable and accurate in her actions and her words, deserving of our complete and rock-solid support. Our former clerk, Bev Bender, has graciously agreed to come out of retirement to help us all through this transition. And as has been the case with several critical staff changes in the last couple of years, Fountain Hills has been fortunate to have dedicated professionals stepping up. A true asset to our hometown, Linda will share her talents and certainly will shine and be that same positive force in her new position as the clerk, and I think it's about 100,000 people or so, in Sugar Land, Texas. We want to thank you for serving Fountain Hills so well. I want to see if Rachel and Council have any comments they'd like to make, and then Linda would like to say, so long as well. Rachel, would you like to start? GOODWIN: Yeah. That'd be great. MAYOR DICKEY: Thank you. TOWN OF FOUNTAIN HILLS AUGUST 13, 2024 TOWN COUNCIL SPECIAL MEETING Page 5 of 8 GOODWIN: Linda, I almost asked you to bring a prop, but I didn't, so you'll know what I mean when I do. So as we just heard, this is our final meeting with Linda as our town clerk. I want to take a moment to express our gratitude from our staff for your dedicated service and your time and attention to our community ensuring that meetings, elections, and everything in between runs smoothly and dependably. Your hard work, attention to detail, and commitment have not only kept our town in order, but also helped us grow and adapt to the ever-changing needs of our community. Your enthusiasm for elections in all the ways our residents can participate is contagious. There is no one more excited about the civic process than you. While we are sad to see you go, we are also excited for your new chapter that lies ahead. I know you will be greatly missed by many, including me. Who will get cutie rocks with me, and who will bring their Scary Monster mugs to morning meetings. On behalf of the entire town, thank you for everything you've done and we wish you all the best in the Lone Star state. TOTH: Linda, you have been such a ray of light since you started. You are so passionate about what you do and we're going to miss you dearly, but Sugar Land is very lucky to have you, and I couldn't think of a better name of a town for you to work in because you're such a sweet person. KALIVIANAKIS: Thank you, Ms. Mayor. Sometimes you have the honor to work with somebody who not only has a beautiful soul and personality, but somebody that is at the height of their profession. Not only did she win the 2023 municipal clerks award, she holds a master's in municipal -- as a municipal clerk, State of Arizona certified elections officer, Arizona Municipal Clerks Association, certified elections official. Has a certification in public administration. Is active in the Arizona Municipal Courts Association holding multiple positions with the Association in the past and currently. She's also served as board member for the Arizona Chapter and Association of Records Manager and Administrators. Like Hannah said, everywhere she goes she's a ray of sunshine. She always has a smile TOWN OF FOUNTAIN HILLS AUGUST 13, 2024 TOWN COUNCIL SPECIAL MEETING Page 6 of 8 on her face. She's passionate about her job. Sometimes when you're lucky enough to work with somebody that sets such a high bar it makes you a better person, it makes the staff a better staff, council people better council people and a better town. And so thank you for what you brought to this town. We really appreciate it. God's speed and good luck in Sugar Land. MCMAHON: Linda, I love working with you. It's been such a joy. You know, I want to thank you personally for your exceptional service and dedication as our town clerk. You have really made a difference in participating in the staff and on council and in our town. Thank you. You're always smiling and willing to help and support the staff and council whenever asked. I've observed you, and your work product shows that you are a perfectionist and you take your responsibilities very, very seriously. You came to us in 2022 with impeccable credentials, and I'm going to state them since they are so impeccable. Again, certification in Master Municipal Clerk, State of Arizona certified elections officer, Arizona Municipal Clerks Association, certified elections official, and a certified in public administration. You are also active in the Arizona Municipal Clerks Association, holding multiple positions within the association, serving as chairperson of the elections committee. You have also served as a board member for the Arizona Chapter of the Association of Records Managers and Administrators. If you think about all these accomplishments, they are nothing short of amazing and they demonstrate your dedication and your integrity as an election official, records manager, and an administrator. It is very, very unfortunate that we are losing you and losing such an experienced and valuable employee. And I can't help but think that part of your decision to leave was how you were treated by Gerry Friedel, Skillicorn, and Toth, who voted to not defend you in that lawsuit and other -- and not defend even themselves, other council members in the town in a frivolous lawsuit brought by ROT PAC. Basically, Friedel and then they threw you under the bus. I don't care what they say; they did. Thankfully, the judge TOWN OF FOUNTAIN HILLS AUGUST 13, 2024 TOWN COUNCIL SPECIAL MEETING Page 7 of 8 saw through that and ruled in the Town's favor, basically supporting you and recognizing you that you followed the letter of the law with the strict compliance statute. I wish you good luck and much success in your new position and future endeavors. And again, thank you, Linda. I appreciate it and I hope you enjoy your new position and experience. MAYOR DICKEY: If no one else, we'll hear from Linda herself. FRIEDEL: Ginny? MAYOR DICKEY: Oh, yes. I'm sorry. On the phone. Yeah. I'm sorry, Gerry. Go ahead. FRIEDEL: First of all, I'd like to thank Linda for her dedicated service to our town. And I will just say this, it's beneath my dignity to respond to McMahon's comments. It's unfortunate that she had to take a pleasant evening for Linda and recognition for Linda to make a statement like that, and it shouldn't be accepted. So thank you again, Linda. MENDENHALL: I just want to express my gratitude for the opportunity to work here. During my time, I've had the privilege of meeting some truly wonderful people. I'm deeply grateful for the friendships I've made, the support I've received from over the past two years from my coworkers, the management team, the mayor, the town council, the Fountain Hills Chamber, the community. I've received so much, you know, emails for best wishes and that they'll mill me and that they really enjoyed working with me. And I -- you know, I've enjoyed that as well. And it's just so nice and overwhelming to receive so many best wishes. And I'm grateful for that. It means a lot to me. It has been a pleasure and an honor to serve in this role. I'm truly passionate about what I do. I do love the clerk's role. I didn't just wake up one morning and say, I wanted to be a clerk. I've worked very hard for this, you know, this in my career and, you know, talking about the certifications. I did it because I love it. I love elections especially, and I'm not too pleased that I didn't get to put a shiny little bow on this election that someone else is going to get to do this in November, but that's okay. You know, I love to see that people were participating in voting, and I hope that they show up in November, because that's just as important. Look all the way down on your ballot. Make sure you vote in your municipal election. TOWN OF FOUNTAIN HILLS AUGUST 13, 2024 TOWN COUNCIL SPECIAL MEETING Page 8 of 8 So, you know, really just thank you. I've grown a lot since I've been here. I haven't (sic) had an opportunity, even though I've been in the clerk's world for a while, to do certain things, and I'm fortunate for that. I love the experience. I look forward to those experiences. And so just thank you and thank you for all the nice, wonderful comments. I appreciate it. It means a lot to me. And -- [APPLAUSE] MAYOR DICKEY: Thanks, Linda. We have no more business, so we are adjourned. Thank you. Having no further business, Mayor Ginny Dickey adjourned the Special Meeting of the Fountain Hills Town Council held on August 13, 2024, at 5:41 p.m. TOWN OF FOUNTAIN HILLS _______________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________________ Angela Padgett-Espiritu, Acting Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 13 day of August 2024. I further certify that the meeting was duly called and that a quorum was present. DATED this 17 Day of September 2024. _____________________________ Angela Padgett-Espiritu, Acting Town Clerk ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Staff Contact Information: Amanda Jacobs, Economic Development Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Adopting Resolution 2024-38, An Intergovernmental Agreement With Salt River Pima Maricopa Indian Community for receipt of Prop 202 funding. Staff Summary (Background) Proposition 202 (Gaming Compact with the State of Arizona) was a ballot measure passed by the Arizona voters in the 2002 state general election and codified in A.R.S. §5-601.02.  This legislation allows for distribution of funds to cities, towns, and counties for their programs from Arizona Indian Tribes for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, and the promotion of commerce and economic development.The Gaming Compact permits the Nation to allocate 12% of the fees it pays to the State to cities, towns and counties in the State of Arizona. Many non-profit organizations also request Proposition 202 funding as "pass through dollars" from cities, towns, and counties to support programs within their communities. Since the legislation required funds to be solicited by a municipality or county, the Town Council approved Resolution 2004-34 on July 1, 2004, which adopted the Town's policy and procedures relating to the Proposition 202 application process for the procurement of funds on behalf of various entities (i.e. as a pass through for funds). The Salt River Pima Maricopa Indian Community (SRPMIC) has awarded the Town of Fountain Hills a total of $50,000 for the annual Music Fest in 2025.   Related Ordinance, Policy or Guiding Principle 2022 Town of Fountain Hills Strategic Plan Priorities: Targeted Collaborative Economic Development and Promote the Long-Term Financial Sustainability of Town Infrastructure, Environmental and Social Resources; Section 12 of the Gaming Compact 2002 and A.R.S. § 5-601.02; Fountain Hills Resolution 2004-34.   Risk Analysis If the intergovernmental agreement is not approved, the Town will not receive $50,000 towards the 2025 Music Festival. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the IGA. SUGGESTED MOTION MOVE to adopt Resolution 2024-38. Attachments Resolution 2024-38  IGA between ToFH and SRPMIC  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 09/09/2024 02:11 PM Interim Town Manager Angela Padgett-Espiritu 09/10/2024 11:39 AM Form Started By: Amanda Jacobs Started On: 09/06/2024 05:38 PM Final Approval Date: 09/10/2024  RESOLUTION NO. 2024-38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE INTERGOVERNMENTAL AGREEMENT WITH SALT RIVER-PIMA MARICOPA INDIAN COMMUNITY, ARIZONA, RELATING TO PAYMENT OF REGULATORY COSTS AND THE STATE OF ARIZONA GAMING COMPACT RECITALS: WHEREAS, the Town wishes to enter into an Intergovernmental Agreement, dated September 17, 2024 (the “Agreement”) with the Salt River Pima-Maricopa Indian Community, a Federally- Recognized Indian Tribe (“SRPMIC”), for the distribution of a portion of 12% of the SRPMIC annual contribution (“Contribution”) under Section 12 of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development pursuant to A.R.S. §5-601.02. ENACTMENTS: BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recital above is hereby incorporated as if fully set forth herein. SECTION 2. The Intergovernmental Agreement (“IGA”) between the Town of Fountain Hills (the "Town") and Salt River Pima-Maricopa Indian Community (“SRPMIC”) relating the distribution of a portion of 12% of the SRPMIC annual contribution (“Contribution”) under Section 12 of the Compact to cities in the Town is hereby approved in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. The Town hereby authorizes the acceptance of funds. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Intergovernmental Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 17th day of September, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Angela Padgett-Espiritu, Acting Town Clerk PAGE 2 REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney PAGE 3 EXHIBIT A TO RESOLUTION NO. 2024-38 (Intergovernmental Agreement) See following pages. INTERGOVERNMENTAL AGREEMENT BETWEEN THE SALT RIVER PIMA MARICOPA INDIAN COMMUNITY AND THE TOWN OF FOUNTAIN HILLS This Intergovernmental Agreement (“Agreement) is entered into by and between the Salt River Pima-Maricopa Indian Community (“SRPMIC”), a Federally-Recognized Indian Tribe, and the Town of Fountain Hills (the “Town”), pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions (“Section 12”) of the SRPMIC and State of Arizona Gaming Compact 2002 (“Compact”), as Amended and Restated in 2021, and Article VII, § 1(h) of the SRPMIC Constitution and A.R.S. §5-601.02. RECITALS 1. The SRPMIC and the Town may enter into an agreement with one another for the distribution of a portion of 12% of the SRPMIC annual contribution (“Contribution”) under Section 12 of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development pursuant to A.R.S. §5- 601.02. 2. The SRPMIC is authorized by Article VII, Section 1(h) of the Constitution of SRPMIC to consult, negotiate, contract and conclude and perform agreements with Federal, state, local governments and Indian Tribes, as well as any person, association, partnership, corporation, government or other private entity. 3. The Town is authorized by A.R.S. § 11-951 through § 11-954 to enter into intergovernmental agreements with other governmental agencies including Indian Tribes. 4. The SRPMIC desires to convey to the Town a portion of its annual 12% local revenue- sharing contribution (“Contribution”) required to be paid to local governments. NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below, the SRPMIC and the Town hereby mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the parties with respect to the payment and distribution of the Contribution(s), as hereinafter defined. Page of 2 6 2. Contribution: $ 50,000.00 to the Town of Fountain Hills for a tourism collaboration in support of the annual “Music Fest” event. 3. Payment and Use of Funds. a.Use of Funds for Purposes Other Than to Fulfill Agreement. The Town shall use the Contribution only for the express purpose contained herein. b.Inspection and Audit. To ensure compliance with this Agreement, the SRPMIC hereby reserves the right to inspect any and all records maintained by the Town with respect to this transaction upon seven (7) days prior, written notice to the Town. The Town shall allow the SRPMIC reasonable access to the records pertaining thereto. This section shall survive termination, cancellation, or revocations, whether whole or in part, of this Agreement for a period of one (1) year following the date of such termination, cancellation, or revocation. 4. Management of the Project. a.Use of Contributions and Recordkeeping. The Town shall have responsibility for disbursing the Contributions to the recipients in amounts consistent with this Agreement. Within a reasonable time following receipt of the Contributions from the SRPMIC, the Town shall use the Contributions in accordance with applicable Town policies and procedures governing the use of funds. The Town shall keep and maintain records relating to this Agreement. b.Responsibilities of the Town of Fountain Hills Following Disbursement of Contributions. The parties agree that the Town is merely acting as a conduit for distribution of funds to the recipients that are not departments, agencies or offices of the Town (“non-Town recipients”). Upon distribution of the Contributions to the non-Town recipients as specified in Section 2 of this Agreement, the Town shall have no further responsibility to the SRPMIC with respect to such funds or the use thereof by the non- Town recipients. Therefore, upon the Town’s payment of the Contributions to the non-Town recipients as provided in Section 2, the SRPMIC shall release the Town from any and all claims, demands, debts, liabilities, or obligations that may arise in the event that the non-Town recipients fail for any reason to expend the Contributions in accordance with Section 2. The SRPMIC further agrees that the Town shall have no obligation to reimburse the SRPMIC the amount of the Contributions for any reason after the Town disburses the Contributions to the non-Town recipients and that the SRPMIC shall look solely to the non-Town Page of 3 6 recipients for repayment of the Contributions in the event the Contributions are not used for the intended purposes. 5. Notices. Any notice, communication or modification shall be given in writing and shall be given by registered or certified mail or in person to the following individuals. The date of receipt of such notices shall be the date the notice shall be deemed to have been given. For the SRPMIC: Martin Harvier, President Salt River Pima Maricopa Indian Community 10005 E. Osborn Road Scottsdale, Arizona 85256 For the Town of Fountain Hills: Rachael Goodwin, Town Manager Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 6. Transactional Conflict of Interest. All parties hereto acknowledge that this Agreement is subject to cancellation by the Town pursuant to the provisions of Section 38-511, Arizona Revised Statutes. 7. Term and Termination of Agreement. a.Effective Date. This Agreement shall be effective on the date it is signed by the SRPMIC authorized representative. b.Term. This Agreement shall commence upon the Effective Date and shall terminate when the Contribution has been received and fully used by the Town, as specified in Section 2 of this Agreement. c.Termination: The SRPMIC may terminate this Agreement with or without cause at any time by providing the Town five (5) days advance notice in writing. In the event the SRPMIC terminates this Agreement after the Town receives the Contribution but before the Town has disbursed the Contribution to the recipients, the SRPMIC shall include in the notice of termination specific instructions regarding disposition of the Contribution. Page of 4 6 8. Indemnification. a. Indemnification. Each party (as “Indemnitor”) shall indemnify, defend, and hold harmless the other party (as “Indemnitee”), its governing body, officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorneys, consultants and accountant fees or costs and expenses of whatsoever kind and nature (collectively referred to as “Claims”), but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee resulting from or arising out of the negligence or willful misconduct of the Indemnitor’s employees or agents in performing the duties set forth in this Agreement. b. Severability. This section shall survive termination, cancellation, or revocation whether whole or in part, of this Agreement for a period of one (1) year from the date of such termination, cancellation or revocation unless a timely claim is filed under A.R.S. § 12-821.01, in which case this paragraph shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event shall this paragraph survive more than five (5) years from the date of termination, cancellation or revocation of this Agreement. 9. Interpretation of Agreement. a.Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. b.Amendment. This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. c.Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals contained herein. d.Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the other party to this Agreement. e.Days. Days shall mean calendar days. f.Severability. In the event that any provisions of this Agreement or the application thereof is declared invalid or void by statute or judicial Page of 5 6 decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, each party agrees to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 10. Non-Waiver of Sovereign Immunity. Nothing in this Intergovernmental Agreement shall be construed to waive the Sovereign Immunity of the SRPMIC. IN WITNESS WHEREOF, the Town has caused this Intergovernmental Agreement to be approved by the Town Council, executed by its Mayor and attested to by its Town Clerk, pursuant to the above stated powers and authority, and the SRPMIC has caused this Intergovernmental Agreement to be executed by the SRPMIC Council and attested to by its President. This Agreement is effective upon signature of a duly appointed representative of the Salt River Pima-Maricopa Indian Community. IN WITNESS WHEREOF, the Parties have executed this Agreement. SALT RIVER TOWN OF FOUNTAIN HILLS, PIMA-MARICOPA INDIAN COMMUNITY, an Arizona Municipal Corporation: A Federally Recognized Indian Tribe: By:______________________________ By:___________________________ Name:_Martin Harvier ________ Name: Its: President_________________________ Its: Mayor Date:Date: ATTEST: ______________________________ [Insert name, title] Page of 6 6 APPROVAL OF SRPMIC ATTORNEY The undersigned attorney acknowledges that s/he has reviewed the above Agreement on behalf of the Salt River Pima-Maricopa Indian Community, and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Salt River Pima-Maricopa Indian Community, Article VII, §1(h). This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Salt River Pima-Maricopa Indian Community. ________________________________ ______________________ General Counsel Date APPROVAL OF CITY ATTORNEY In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that (i) s/he has reviewed the above Agreement on behalf of the Town of Fountain Hills and (ii) as to the Town of Fountain Hills only, has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. By: _______________________________ _______________________ Town Attorney Date ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Request to Town Council Regular Meeting (Agenda Language):  DISCUSSION WITH POSSIBLE DIRECTION: Regarding filling a vacancy on the Fountain Hills Town Council. Staff Summary (Background) There is currently a vacancy on the Council due to Councilmember Sharron Grzybowski's recent resignation. Her remaining term ends December 3, 2024.  Below are references to the town code and state statute as to possible options. Town Code § 2-1-4(A), (C) Vacancies in Council A. The Council shall fill any vacancy that may occur in the Council by any method provided by ARIZ. REV. STAT. §9-235, as amended. B. In the case of a vacancy that may occur in the Office of the Mayor, the Council shall appoint, from the remaining Councilmembers, one person to serve as Mayor for the remainder of the Mayor’s term. The Council shall then fill, in the manner set forth in Subsection 2-1-4(A) above, the vacancy in the Council that was created by appointing a Councilmember to serve as Mayor. C. All vacancies shall be filled in a reasonable period of time from the occurrence of the vacancy.  A.R.S. § 9-235 Vacancies in council A. The council shall fill a vacancy that may occur by appointment until the next regularly scheduled council election if the vacancy occurs more than thirty days before the nomination petition deadline, otherwise the appointment is for the unexpired term. This subsection does not apply to a charter city. B. The member appointed shall meet the qualifications established in section 9-232.   Related Ordinance, Policy or Guiding Principle A.R.S. § 9-235 A.R.S. § 9-235 Town Code § 2-1-4(A), (C) Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION N/A Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 09/06/2024 08:42 AM Town Manager Rachael Goodwin 09/10/2024 07:45 AM Form Started By: Angela Padgett-Espiritu Started On: 09/05/2024 12:37 PM Final Approval Date: 09/10/2024  ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for approval of a Special Use Permit for property located at 12005 N.Panorama to allow residential use of commercially zoned property.  Staff Summary (Background) The Request This request is for the lot at 12005 N. Panorama Drive.  The lot is approximately 0.61 acres in size.  The property is improved with two, two-story office buildings with a central outdoor stair, a parking lot with spaces for 28-vehicles, and a detached storage building/garage.  There are currently 12 office suites in the buildings.  The property was developed in the late 1980s with initial occupancy in 1989.   Improvements also include rooftop solar which provides power to the building. The request is to remodel the existing buildings to convert the land use from offices to 12 one- and two-bedroom apartments.  There will be no exterior changes to the buildings or parking area except to add a small outdoor amenity area. General Plan  Our Commitment, page 13: Maintain the delicate balance of land uses that make the Town a desirable place to live, work, enjoy and visit. Our Commitment, page 13: Support existing businesses and continue to attract businesses that stimulate the Town’s economy. Our Vision, page 14: Residents enjoy a walkable community that is conducive to civic involvement and activities. Our Vision, page 14: A variety of housing options are available in safe, quiet, pleasant, and enjoyable neighborhoods. Thriving Neighborhoods Goals and Policies, page 23 Goal 2: Support a housing strategy that encourages a broad range of quality housing types to address current and future housing needs and to support long-term economic vitality. Policy 1. Encourage a broad range of housing types affordable to all income ranges and age groups in a manner compatible with adjacent development. Policy 2. Encourage a range of housing types and residential densities and maintain consistency with the existing character of infill areas in conformance with criteria provided in Table 1: Character Areas Plan. Policy 4. Encourage quality urban, compact, walkable mixed-use development that complements surrounding uses in the Town Center and in other areas that may become available for urban development. Policy 6. Support quality residential development that meets Town housing needs, promotes the vitality of established neighborhoods, and enhances the quality of life of Fountain Hills. Goal 4: Attract quality residential development that supports the healthy and active lifestyle valued by the community. Policy 1: Ensure that new neighborhoods: a. Sensitively and aesthetically integrate residential development to the social, built and natural environments by supporting neighborhood connectivity to Fountain Hills’ Great Places. Character Area Goals and Polices, page 38 Goal 1: Encourage future development, redevelopment and infill in a manner that will maintain and protect existing neighborhoods, the Town’s economic health, community well-being, and natural environment. Policy 4. Direct commerce and employment to the character areas that sustain them in conformance with the Character Areas Plan map and Table 1. Goal 2: Development, redevelopment and infill support Fountain Hill’s small-town identity and the distinct character of each area while fostering long-term viability. Policy 3. Support a mix of residential, employment, and commercial uses at densities and intensities and in the development form that reflect the small-Town character of Fountain Hills. Policy 5. Strongly encourage a wide range of housing types, densities and prices to support the current and projected populations (particularly families and working professionals) and to ensure the future stock of affordable housing for all income ranges. Uses and Development Pattern for the Saguaro Boulevard Character Area: Continuation of the mix of uses and low scale development pattern.  Improvement along the Saguaro Boulevard frontage, possibly to include the removal of the frontage road, to present a high-quality street scene of active uses.  Redevelopment along Saguaro must consider the impacts of light and noise on the residential uses along Saguaro. Zoning Ordinance This lot and the surrounding area is zoned C-3 and developed with a variety of commercial uses including offices, auto repair, outdoor storage, retail, and restaurants.  The Zoning Ordinance, Chapter 12, defines the intention of the C-3 zoning district as follows: "C-3. General Commercial Zoning District: The principal purpose of this Zoning District is to provide for commercial uses concerned with wholesale or distribution activities in locations where there is adequate access to major streets or highways. Principal uses permitted in this Zoning District include retail and wholesale commerce and commercial entertainment." The C-3 zoning district is the most intense commercial district in Fountain Hills, allowing uses such as art metal and ornamental iron shops, cabinet and carpentry shops, landscape material sales, lumberyards, miniature golf courses and driving ranges, and automobile sales by right. Existing lumberyards, miniature golf courses and driving ranges, and automobile sales by right. Existing surrounding uses include a variety of outdoor storage activities, auto repair and office.  There are retail and restaurant uses available along Saguaro Boulevard.   Section 12.03 of the Zoning Ordinance allows for consideration of residential uses in commercial zoning districts through a Special Use Permit.  Residential uses are not allowed by right in the commercial zoning districts in order to keep the focused first on the desired primary activity in these areas.  Residential uses in a commercial area take away the opportunity for the commercial activity that could take place on the property and can create a problem for existing or future commercial activity in the area. Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP.  Section 2.02 F. 1. d. of the zoning ordinance states: d. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. Analysis This area was zoned and platted prior to incorporation of the Town for commercial uses.  It is still the desire of the Town to have this be a successful commercial center.  In consideration of this request for the Special Use permit, the questions become:  1. Would the proposed residential use be detrimental to the public health, safety, peace, or comfort of the neighborhood? 2. Would allowing residential use of this property be detrimental or injurious to the current commercial property improvements? 3. Is the residential use being designed and established in a manner that creates a desirable living environment in a manner compatible with the adjacent development and supportive of the general welfare of the Town? Impact on public health, safety, peace, or comfort of the neighborhood.  Redeveloping the existing buildings for residential use is unlikely to have a detrimental impact on the public health, safety, peace or comfort of the surrounding neighborhood. Impact on the adjacent commercial property improvements.  Owners of surrounding properties and the existing business on those properties have been established in an area devoted to non-residential uses.  In this type of heavy commercial area, higher levels of noise and activity are anticipated and expected.  The introduction of people living in the area creates the potential that the residents will expect and not tolerate the level of noise and activity historically associated with this area.  As noted in some of the General Plan policy statements above, there is a desire to maintain the established commercial areas and encourage job growth.  The Character Area plan for this area is to maintain and improve upon the commercial nature that has been established.  Other properties in the area are underutilized.  Reuse of this property could stimulate others to rethink how their property could be used in a more productive manner. Creating a desirable living environment that supports the general welfare of the Town.  As noted in several of the General Plan goals and policies stated above, a key component of the Plan is to create and maintain quality residential neighborhoods for people to live in.  The places established for people to live should provide quiet neighborhoods or be part of a mixed-use urban environment that supports an active lifestyle.  As currently developed, this location does not support either of these two types of living environments.  It is not a quiet neighbor and the surrounding uses and development pattern, including the lack of sidewalks, does not create an active urban environment.  Residents of these dwelling units will potentially be subject to noise, activities, and views that are not typical for a residential living environment. Citizen Participation Copies of the applicant's citizen participation plan and report are attached.  A meeting was held and one neighboring property owner attended.  This neighboring business supported the request.  Property owners within 300' were also provided a phone number and email address to contact the applicant with questions or comments.  No other comments were received. Staff received one email, copy attached, expressing concerns about introducing residential uses into this commercial area with its associated noise, odors, and activity.   Related Ordinance, Policy or Guiding Principle Zoning Ordinance Chapter 2, Section 2.02, Special Use Permits Zoning Ordinance Chapter 12, Section 12.03, Uses Requiring Special Use Permits Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission held a public hearing and considered this request at their regular meeting on August 12, 2024.  In addition to the applicant making a presentation explaining their request, there were three citizens who spoke in opposition to the proposal.  Primary concerns expressed where the potential negative impact of the surrounding commercial uses on the quality of life for the residents and the potential negative impact residential uses could have on the continued viability of this commercial area. Three Commissioners expressed concern about introducing residential uses into this commercial area.  Four Commissioners determined the request was consistent with the criteria for approval in Zoning Ordinance Section 2.02 F 1 d and would be a good reuse of this existing building.  Following discussion by the Commission, a motion was made to recommend approval of the request subject to including notification to future residents that they will be living in a commercial area that is subject to noise.  The motion passed 4 - 3.    Staff Recommendation(s) Staff sees some challenges with approving the requested Special Use Permit and allowing residential Staff sees some challenges with approving the requested Special Use Permit and allowing residential uses at this location within a commercial district.  This isolated pocket of residential activity will be subject to negative impacts from the surrounding commercial activities. However, the General Plan encourages a wide variety of living options and opportunities.  Further, this building has been vacant for many years.  Repurposing the building for residential uses would be a creative reuse.  The applicant's Good Neighbor Policy states the intent to work with surrounding property owners to resolve any disputes or concerns. Staff can support a recommendation for approval of this requested SUP to allow up to 12 dwelling units on this lot in the existing buildings. SUGGESTED MOTION MOVE to approve SUP 24-000002. Attachments Vicinity Map  Project Narrative  Site Plan  Citizen Participation Plan  Citizen Participation Report  Good Neighbor Statement  Opposition Email  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 08/21/2024 07:52 AM Town Attorney Aaron D. Arnson 08/21/2024 01:34 PM Town Manager Rachael Goodwin 08/23/2024 11:39 AM Form Started By: John Wesley Started On: 08/13/2024 09:25 AM Final Approval Date: 08/23/2024  Vicinity CASE: SUP24-000002 SITE / ADDRESS: 12005 N PANORAMA DR APN 176-08-601A REQUEST: SUP FOR MULTI-FAMILY RESIDENTIAL, CONVERT OFFICE BUILDING INTO 12 APARTMENTS, IN THE C-3, GENERAL COMMERCIAL, ZONING DISTRICT. All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP24-000002SUP24-000002 PA N O R A M A D R TIO G A D R FAL C O N D R FA L C O N D R SAGU A R O B L V D ENTE R P R I S E D R C O L O N Y D R A L L E Y ALL E Y ALLEY ALLE Y Arthur and Heather Tolis 16115 E. Glenview Drive Fountain Hills, Arizona 85268 480-270-9244 / 480-432-6764 Art@TolisMortgageUSA.com / TolisGroupAZ@Gmail.com REQUEST FOR SPECIAL USE PERMIT / AND OR ZONING CHANGE AS RECOMMENDED BY STAFF IN ORDER TO PROVIDE RESIDENTIAL USE OF THE EXISTING PROPERTY IN ORDER TO SUPPORT TOWN AND COUNCIL INITIATIVES TO PROVIDE MORE HOUSING OPTIONS. PROPERTY ADDRESS 12005 North Panorama Dr. Fountain Hills, AZ 85268 Project Overview/ Conversion Narrative The property at 12005 North Panorama Dr. Fountain Hills, AZ 85268, currently encompasses over 10,120 square feet, and includes 12 office units under C3 zoning for commercial use. However, with the shift in office space needs and a growing trend towards home-based work, this property is poised for conversion into residential housing. This change aligns with the town's general and strategic plans, addressing both the surplus of commercial vacancies and the increasing demand for residential options. Current Zoning: C-3 C-3. General Commercial Zoning District: The principal purpose of this Zoning District is to provide for commercial uses concerned with wholesale or distribution activities in locations where there is adequate access to major streets or highways. Principal uses permitted in this Zoning District include retail and wholesale commerce and commercial entertainment. The property sits adjacent to an automotive repair shop, a water company, an RV (Recreational Vehicles) self-storage facility, other commercial office space, and is near residential areas and Fountain Park—a mere four-minute walk away. The surrounding amenities, such as a local deli/neighborhood convenience store, Fountain Park, Four Peaks Vista Park/Dog park, skate park, soccer fields, etc. are all within a short walk. In addition, there are multiple dining options for residents to enjoy the convenience of walking from the property. The proposed development involves transforming the existing structure into 12 residential apartments, each approximately 840 square feet. These units will offer one and two bedrooms, a kitchen, and a full bath. The current design of the building, including separate utilities for each unit and adequate parking (28 spaces), makes this conversion feasible. Within just a short distance down the street from this property are multi-family residential condominiums and significant single family housing developments all within walking distance of the Fountain Park and other park amenities. This change will not adversely affect the area and will contribute to the added safety and vibrancy that comes with added residential activity. Compliance and Upgrades Our plan includes/will include all necessary updates to meet residential building codes, particularly concerning fire safety. The existing cinderblock walls have the required fire ratings, and we will install fire suppression systems and other mandated fire-related upgrades, as necessary based on current updated code requirements. All changes will be documented and submitted for permits and inspections to ensure full compliance. Timeline and Approvals We aim to secure approval for the residential use of the property at the September town council meeting with full approval recommendation by the Planning and Zoning Commissioners at the August meeting. Following approval, the goal is to close escrow by November 1. Renovations are projected to take 3-4 months, allowing for a phased approach to construction and occupancy. Market Positioning These new residential units will be competitively priced between $1800 and $2200 per month, aligning with the current market rates for comparable properties in the area. The location's convenience and the vibrant local amenities make it an attractive option for potential residents. We will also be providing as an added amenity a dog area along with an outdoor grilling area for community gathering and socializing. The property has adequate space outdoors for this added amenity and a central courtyard with park benches and a water feature for residence to enjoy in peace. Conclusion The conversion of 12005 North Panorama Dr. into residential housing addresses both the excess of commercial vacancies and the housing needs of Fountain Hills. This project will provide well- located, market-aligned housing, contributing positively to the community's development and supporting the town’s strategic goals. We respectfully request approval of this needed residential apartment housing and look forward to providing a first-class residential housing option for future residents. Thank you for your consideration, Art and Heather Tolis Site Plan 12005 N. Panorama Dr.: All existing site improvements to remain Existing Building Existing Building Existing Building Existing Parking Art and Heather Tolis 16115 E Glenview Drive Fountain Hills, Arizona 85268 480-270-9244/480-432-6764 Art@TolisMortgageUSA.com / TolisGroupAZ@Gmail.com Citizen Participation Plan for 12005 Panorama Special Use Permit Date: May 29, 2024 Purpose: This Citizen Participation Plan informs citizens, property owners, and nearby neighborhood associations of the special use permit application for residential uses of the former office building at 12005 N. Panorama. This plan will ensure that those affected by this application will have an adequate opportunity to learn about and comment on the proposal. Applicant: Art and Heather Tolis 16115 E. Glenview Dr. Fountain Hills, AZ 85268 Location: The property considered for this SUP is on the east side of North Panorama Dr. north of Saguaro. 2. Action Plan: To provide effective citizen participation in conjunction with this application, the following actions will be taken to provide opportunities to understand and address any real or perceived impacts of the development that members of the community may have. 1. A contact list will be developed for citizens within 300’ of the project location. 2. All persons listed on the contact list will receive a letter describing the project, project schedule, and invitation to a neighborhood meeting to be held at the property 12005 N Panorama Drive – 1st Floor conference room July 10th at 2pm. The letter will also include access information for anyone wanting to attend the meetings virtually. The meeting will be an introduction to the project, and an opportunity to ask questions and state concerns. A sign-in list will be used, and comment forms provided. Copies of the sign-in list and any comments will be submitted with the Citizen Participation Report. 3. Presentations will be made to any other groups or citizens upon request. Copies of the sign-in list and any comments will be submitted with the Citizen Participation Report. 4. An email will be sent to the case planner following each of the scheduled meetings, and at any other time there is significant input to inform the staff of the progress of implementing the Plan. Follow Up: On or before July 31, 2024 a Citizen Participation Report will be submitted to the Town summarizing comments received and actions, if any, to be taken in response to the comments. Schedule: Mail letters by June 30th, 2024 Neighborhood meeting July 10, 2024 Neighborhood Meeting Report Property Address: 12005 North Panorama Dr. Fountain Hills, AZ 85268 Meeting Summary and Response: A neighborhood meeting was conducted in July to discuss the proposed plans for the property located at 12005 North Panorama Dr. Notifications were sent to all residents in the vicinity, inviting them to attend the meeting or reach out via phone or email with any questions or concerns. Community Response: Personal Contact: Only one individual reached out personally via phone. This was the owner of the property immediately to the west of the building. Inquiries and Support: The owners of Mike’s Automotive inquired about the plans for the building. They expressed strong support for the vision and intent to utilize the building for residential purposes. They agreed that the location was excellent, noting the benefits of the nearby amenities, including the park and various restaurants on Saguaro within walking distance. They believe the proposed residential use would add vibrancy to the area with minimal impact on their business or the surrounding neighborhood. Meeting Attendance: No other property owners in the area attended the meeting at the building. No additional contacts were made via phone or email, despite the contact information being provided in the communication sent to all residents. Conclusion: The overall response to the proposed residential use of the property at 12005 North Panorama Dr. has been positive, with support from neighboring businesses and minimal concerns raised by other property owners. Respectfully submitted, Art and Heather Tolis Art and Heather Tolis 16115 E Glenview Drive Fountain Hills, Arizona 85268 480-270-9244 / 480-432-6764 Art@TolisMortgageUSA.com / TolisGroupAZ@gmail.com Citizen Participation Plan for Special Use Permit for: PROPERTY ADDRESS 12005 North Panorama Dr. Fountain Hills, AZ 85268 Good Neighbor Policy for Changing Property Use from Commercial to Residential Use Introduction: This Good Neighbor Policy outlines the commitments and actions we pledge to undertake to ensure a smooth and respectful transition as we change the use of our property from commercial to residential. Our goal is to foster a positive relationship with our neighbors and maintain the quality of life in the community. We believe this change will bring more vibrancy to the area and provide for a safer environment for the public right of way from Saguaro Boulevard to the northeast corner of Panorama Drive adjacent to Fountain Park. Commitments: 1. Transparent Communication: - We will notify all adjacent property owners and neighborhood associations of our intent to change the property use, including detailed plans and timelines. The required 300 ft notification will be provided. * Expected Timeline: Mail out Notifications regarding Special Use Permit Request – June 2024 Meeting at Property for Property Owners – July 2024 Planning and Zoning Meeting Approval – August 2024 Council Final Approval September 2024 - Detailed plans will include start dates / end dates. We expect the construction upgrades to begin once we close escrow – expected date November 1, 2024. - Notice will be located on the property to add to the transparency of the zoning request with the dates and times of the upcoming related town meetings. 2. Community Input: - We will hold local property owner community meetings to gather input and address concerns from neighbors which will be scheduled for July 2024 - Feedback will be considered in the planning and development process to minimize negative impacts and will be shared with the Planning and Zoning commissioners. 3. Minimizing Disruption: - Construction activities will be scheduled to minimize noise and disruption, adhering to local noise ordinances, and working during reasonable hours. - We will implement measures to control dust, debris, and traffic associated with construction. The property has adequate parking and a work area behind the building which will be used in the construction upgrading phase. 4. Parking and Traffic Management: - A traffic and parking plan will be developed to address potential issues arising from the new residential use. The property has adequate parking and there should not be any issues with traffic. Each tenant will have an assigned parking space which will eliminate parking issues and unlicensed parking on the property. - Adequate parking will be provided on-site to reduce street parking congestion. 5. Environmental Responsibility: - We will ensure that any construction or renovation follows environmental regulations and best practices to minimize ecological impact. - Green spaces and landscaping will be incorporated to enhance the neighborhood’s aesthetics and environment. - The open space/pocket park will be created for residents to enjoy barbecue grill and quite enjoyment on the property. 6. Safety and Security: - Site safety will be a priority, with secure fencing and clear signage to keep the area safe for residents and passersby when construction is being completed. - We will work with local law enforcement to ensure the new residential development contributes positively to neighborhood security. Currently, the building has security cameras and motion detection lighting. With the added activity and residential use, it will be safer than the current vacant building. 7. Property Maintenance: - The property will be maintained to a high standard, ensuring it is clean, safe, and attractive. - Regular maintenance and prompt repair of any issues will be carried out to prevent negative impacts on the surrounding area. 8. Conflict Resolution: - A designated point of contact will be available for neighbors to voice concerns or complaints. - We commit to addressing and resolving issues promptly and respectfully. Implementation: - Notification: Detailed letters and emails will be sent to all affected parties outlining the project, timeline, and contact information. - Meetings: Initial and follow-up community meetings will be scheduled, with dates and locations communicated well in advance. -Feedback Channels: A dedicated email address will be established for continuous feedback and updates. -Monitoring: Regular monitoring of construction impacts, and community feedback will be conducted to adjust plans, as necessary. Conclusion We are dedicated to being a responsible and considerate neighbor during this transition. Through proactive communication, thoughtful planning, and a commitment to addressing community concerns, we aim to ensure a harmonious integration of the new residential use into the existing neighborhood fabric. We strongly believe the new vibrancy which will come from this location will add value to the adjacent business owners on Saguaro Blvd which is walking distance of this new residential upscale/updated apartment complex. Contact Information: Project Manager: Art and Heather Tolis Phone: 480-270-9244 / 480-432-6764 Email: Art@TolisMortgageUSA.com Thank you for your cooperation and support as we work to improve our community. Hello John, We just received notice about an application for a special use permit for 12005 N Panorama, the Christensen Corporate Center. We own and operate Breton's Automotive which is located just behind the property in question. There are multiple reasons that having a residential property in the midst of multiple businesses like ours is a terrible idea. The surrounding businesses which have all been here for many years consist largely of automotive repair, construction companies, and RV storage. This area is constantly bustling with things that I most certainly would not want outside my home or bedroom window. Our business hours are from 7:00am-6:00pm Monday - Thursday. Automotive repair comes with loud noises and aromas that I doubt the average tenant would appreciate waking up to or living with every day. There are also delivery trucks and customer traffic associated with our business and that of our neighbors. I foresee a tremendous number of complaints from any residents that move into what should remain a commercial property. This is a bad idea for the area for which it is planned, and it will result in unhappy residents, as well as unhappy business owners. On behalf of my family and our business I request that this special use permit be denied. Carole Breton 17123 East Falcon Drive Fountain Hills, Arizona 85268 (480) 421-9048 www.bretonsauto.com From:John Wesley To:Paula Woodward Subject:FW: Special Use Permit (APN# 176-08-601A Date:Tuesday, August 6, 2024 11:30:15 AM Attachments:image002.png Please add this to the P&Z packet. From: Ben Siegert < Sent: Tuesday, August 6, 2024 11:25 AM To: John Wesley <jwesley@fountainhillsaz.gov> Cc: Jerrad Trulson Subject: Special Use Permit (APN# 176-08-601A EXTERNAL EMAIL Mr. Wesley, My name is Ben Siegert, I am the Vice President of T&T Construction Inc., we have owned the property at N Falcon Drive since 1996. We are located directly behind 12005 N Panorama Drive. We are against rezoning of the subject property for residential use. This area is a commercial area with several construction yards, mechanic shops, and storage yards used for small contractors and their equipment. The nature of the work around these commercial areas involves early hours loading and unloading of materials, equipment operation, power tool usage, and trucks operating with back up alarms. There are multiple contractors with Emergency Job Order Contracts for municipalities and private utilities located in this area. These contracts require response outside of normal working hours and could be at any hour of the day or night. This could lead to disruptive noise to the residential property if approved and would be considered acceptable within the Town of Fountain Hills noise ordinance. While the above is inherent to a commercial area, this will be a nuisance to future residents if the property is rezoned for residential use, resulting in complaints to the Town and the existing business operators in the area. We are not in favor of the special use rezoning to allow residential usage of the subject property, and hope the Town takes these concerns into consideration. Thanks, Ben Siegert, V.P. P: ext. 14F: www.ttconstruction.com ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance #24-13 amending Zoning Ordinance Section 5.14, Home Occupations, regarding allowances for on-street parking.  Staff Summary (Background) In early 2024 staff processed an amendment to the Zoning Ordinance addressing several issues with the Town's home occupation regulations. The Town Council considered the text amendment at their meeting on March 19, 2024. At this hearing there were some comments from the public and discussion by the Council for some adjustments to the ordinance.  One of the comments made by a citizen had to do with the potential impact of on-street parking from a business being operated in a home.  The subsequent motion by the Council did not include the additional language regarding on-street parking.  Staff has been asked to bring this issue back through the review process to address the concern presented at the Council hearing. The request made at the Council meeting was to adjust the ordinance to require that during business hours, all parking associated with the property has to occur in the garage or on a paved driveway or on-site paved parking space if there is space available.  Only if all on-site parking is occupied could there be any parking on the street. The proposed ordinance language is: G. Traffic and Parking. Customer/patron and shipping/receiving trip generation shall not exceed six (6) vehicle trips a day. No more than one (1) vehicle used for commercial purposes associated with the business may be parked on site and must comply with Section 12-3-10. During business hours, parking by customers, patrons, or employees must be on the property on an approved paving surface. THERE SHALL BE NO ON-STREET PARKING FOR ANY PURPOSE DURING BUSINESS HOURS IF THERE IS ON-SITE PARKING AVAILABLE. STREET PARKING MAY ONLY BE USED WHEN ON-SITE PARKING IS FULL. Enforcement of this ordinance will be on a complaint basis because Code Officers will not generally know which properties house a home occupation. know which properties house a home occupation. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 5.14, Home Occupations Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission held a public hearing and considered this text amendment at their August 12, 2024, meeting.  Following their discussion, the Commission voted unanimously to recommend adoption of the ordinance as written. Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to adopt Ordinance #24-13. Attachments Ordinance 24-13  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 08/21/2024 07:52 AM Town Attorney Aaron D. Arnson 08/21/2024 01:34 PM Town Manager Rachael Goodwin 09/10/2024 07:39 AM Form Started By: John Wesley Started On: 08/13/2024 09:24 AM Final Approval Date: 09/10/2024  ORDINANCE NO. 24-13 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE CHAPTER 5, GENERAL PROVISIONS, SECTION 5.14 HOME OCCUPATIONS PROVIDING ADDITIONAL STANDARDS FOR PARKING ENACTMENTS: NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Section 5.14 G is amended as follows G.Traffic and Parking. Customer/patron and shipping/receiving trip generation shall not exceed six (6) vehicle trips a day. No more than one (1) vehicle used for commercial purposes associated with the business may be parked on site and must comply with Section 12-3-10. During business hours, parking by customers, patrons, or employees must be on the property on an approved paving surface. THERE SHALL BE NO ON-STREET PARKING FOR ANY PURPOSE DURING BUSINESS HOURS IF THERE IS ON-SITE PARKING AVAILABLE. STREET PARKING MAY ONLY BE USED WHEN ON-SITE PARKING IS FULL. Section 2. In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws of the State of Arizona, the City/Town Council has considered the individual property rights and personal liberties of the residents of the City/Town and the probable impact of the proposed ordinance on the cost to construct housing for sale or rent before adopting this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 17TH day of September, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ Ginny Dickey, Mayor ___________________________________ Angela Padgett-Espiritu, Acting Town Clerk REVIEWED BY: APPROVED AS TO FORM: __________________________________ ___________________________________ Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Ordinance #24-17 amending Town Code  Section 1-8-3, Civil Penalties. Staff Summary (background) Article 1-8 of the Town Code addresses penalties for violation of town codes.  Section 1-8-3 provides the process for issuing civil citations and the associated penalties. The last update to this section was in 2021.  That update put the potential sanctions that could be required for a person found responsible for violating the code in Subsection A.  When making that change staff failed to also remove the existing provision in Subsection E.  Therefore, this code amendment removes the unneeded Subsection E 1 and combines the remaining portions of E with Subsection A. Our code enforcement officers have noticed increased instances of property owners refusing mail delivery and other situations where mailed notices are not reaching the property owner.  Going through additional steps to provide notice of a violation after waiting to see if the mailed notice was received delays the process of enforcement.  Therefore, another change included is to allow for the property to be posted at the same time the notice is mailed to the property owner.  This will shorten the time to move to a resolution of the code violation.  These changes are made in Subjection C 4 and D 6. What was Subsection F, now Subsection E in the revised ordinance, provides procedures for addressing properties where violations occur on a frequent basis.  Item #3 on the list is written in a way that it could be interpreted that staff is only allowed to do non-complaint-based inspections on recidivist properties.  Since the number of code enforcement staff was increased a few years ago, the Council has encouraged staff to be proactive and handle issues they see instead of waiting for complaints.  To ensure there is not an issue with doing non-complaint based inspections on non-recidivist properties, the proposed amendment removes the existing Subjection F (now E) 3 and creates a new Subjection F which clearly states the Town Manager can authorize non-complaint based inspections as reasonably necessary. There are a few other minor corrections to wording and language.  There are a few other minor corrections to wording and language.  Related Ordinance, Policy or Guiding Principle Town Code Section 1-8-3 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of the proposed text amendment. SUGGESTED MOTION MOVE to adopt Ordinance #24-17. Attachments Ordinance 24-17  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 09/10/2024 11:48 AM Town Attorney Angela Padgett-Espiritu 09/10/2024 02:16 PM Form Started By: John Wesley Started On: 08/13/2024 01:31 PM Final Approval Date: 09/10/2024  ORDINANCE NO. 24-17 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN CODE CHAPTER 1, GENERAL, ARTICLE 1-8, PENALTY, SECTION 1-8-3, CIVIL PENALTIES ENACTMENTS: NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Section 1-8-3 is amended as follows A. Any person found responsible for violating any provision of this code, whether by admission, default, or after a hearing, except as otherwise provided, shall pay a civil sanction of not less than two hundred fifty dollars ($250.00) or more than seven hundred fifty dollars ($750.00). A second finding of responsibility within twelve (12) months of the commission of a prior violation of the same provisions of this code shall result in an enhanced civil sanction of not less than five hundred dollars ($500.00) or more than $1,500.00. A third finding of responsibility within twelve (12) months of the commission of aTWO prior violations of the same provisions of this code may result in an enhanced civil sanction of not less than $1,000.00 or more than $2,500.00. In lieu of the enhanced civil sanction, a third finding of responsibility within twelve (12) months of the commission of aTWOprior violations of the same provisions of this code may result in criminal misdemeanor charges pursuant to sSubsection (FE) of this sSection, Recidivist Properties/Persons. For purposes of calculating the twelve (12) month period, such period shall begin on the date of the first offense. In addition to the civil sanction, the responsible party shall pay the applicable fees and charges set forth by the Fountain Hills Court. Each day that a violation continues AFTER THE TOWN PROVIDES INITIAL NOTICE PURSUANT TO SUBSECTION B OF THIS SECTION constitutes a separate offense punishable as herein provided. 1. ANY DEFENDANT WHO FAILS TO PAY THE FINE OR APPEAR IN THE FOUNTAIN HILLS MUNICIPAL COURT AS DIRECTED BY A CITATION ISSUED PURSUANT TO THIS SECTION, OR WHO FAILS TO APPEAR AT THE TIME AND PLACE SET FOR TRIAL OF A MATTER ARISING UNDER THIS SECTION, SHALL BE SUBJECT TO AN ADDITIONAL DEFAULT FEE IN AN AMOUNT ESTABLISHED BY THE FOUNTAIN HILLS MUNICIPAL COURT. 2. ANY JUDGMENTS ISSUED BY THE FOUNTAIN HILLS MUNICIPAL COURT SHALL BE SUBJECT TO ALL SURCHARGES, INTEREST AND FEES IMPOSED BY STATE LAW IN ADDITION TO THE BASE CIVIL FINES REQUIRED BY THIS SECTION. 3. JUDGMENTS SHALL BE COLLECTED IN THE SAME MANNER AS ANY OTHER CIVIL JUDGMENT AS PROVIDED BY LAW. B. Unless otherwise specified, written notice and/or civil citation may be issued for THE DOING OF ANY ACT PROHIBITED OR the failure to do or perform any act required by this code. C. Notice of Violation. 1. The Town may seek voluntary compliance with the provisions of this code before issuing a civil citation or criminal compliantCOMPLAINT, as applicable. This shall include a written notice of violation given to the responsible party. 2. A notice of violation may be issued by the Town Manager or authorized designee. 3. The notice of violation shall set forth the nature of the violation, a reference to the sections(s) violated, the action required to come into compliance with the provision of the code, the time period provided to come into compliance, and the person at the Town to contact for further information. 4. The Town shall use MAKE reasonable efforts to ensure that notices of violation are received by the NOTIFY THE responsible party, to includeINCLUDING, MAILING NOTIFICATION TO THE PROPERTY OWNER’S ADDRESS ON FILE WITH THE MARICOPA COUNTY TREASURER’S OFFICE, AND, WHEN NECESSARY, being postedPOSTING NOTICE ON OR ABOUT THE ENTRANCE OF THE PREMISES WHERE THE VIOLATION OCCURRED.; provided, however, failure FAILURE of the responsible party to receive aACTUAL notice of A violation shall not preclude the subsequent issuance of a civil citation or criminal complaint, as applicable. 5. Nothing in this Section shall prevent the Town from taking immediate action to protect the public from an imminent hazard to health or safety as otherwise provided by law. D. Civil Citations. 1. Unless otherwise designated as a criminal offense, if a violation continues past the compliance time set forth in the notice of violation, a civil citation may be issued to the person or entity responsible for the violation. 2. A civil citation may be issued by the Town Manager or authorized designee. 3. The civil citation shall include the date of the violation, a reference to the sections(s) violated and, if applicable, the location of the property or site at issue. 4. When applicable, the civil citation shall direct the defendant to pay the fine imposed pursuant to sSubsection1-8-3(EA) below ABOVE or appear in the Fountain Hills Municipal Court on the date noted on the citation, which date shall not be less than ten (10) days after citation issuance. 5. The civil citation shall provide notice that if the defendant fails to pay the fine or appear in the Fountain Hills Municipal Court as directed, a default judgement will be entered in the AN amount of the fine specified by the presiding judge for the violationMUNICIPAL JUDGE AND IN ACCORDANCE WITH SUBSECTION 1-8-3(A). In addition, a default fee may be imposed for failure to appear. 6. Service of the citation may be accomplished and will be deemed proper and complete by any of the following methods: a. Hand-delivering the citation to the defendant. If the defendant is a business, service may be by hand delivery to the business owner, any adult manager of the business, or any adult employee of the business. b. Mailing a copy of the citation by certified or registered mail, return receipt requested, to the defendant’s last known address. If the defendant is a business, service may be by certified or registered mail, return receipt requested, to the current business address. c. POSTING A COPY OF THE CITATION ON OR ABOUT THE ENTRANCE OF THE PREMISES WHERE THE VIOLATION OCCURRED.; d. For vehicle-related violations, by affixing the citation to the vehicle owned by the defendant which constitutes the parking, location or abandonment offense charged in the citation. e. Any means allowed by the Arizona Rules of Civil Procedure for the Superior Courts of Arizona. E. Civil Penalties. 1. A person or entity convicted of a violation of the code pursuant to this Section, unless otherwise specified, shall be punishable by a base fine of not more than $500. 2. Any defendant who fails to pay the fine or appear in the Fountain Hills Municipal Court as directed by a citation issued pursuant to this Section, or who fails to appear at the time and place set for trial of a matter arising under this Section, shall be subject to an additional default fee in an amount established by the Fountain Hills Municipal Court. 3. Any judgments issued by the Fountain Hills Municipal court shall be subject to all surcharges and fees imposed by state law in addition to the base civil fines required by this Section. 4. Judgments shall be collected in the same manner as any other civil judgment as provided by law. FE. Recidivist Properties/Persons. 1. The recidivist process is designed to provide relief via an expedited enforcement process for problems with persons or entities who repeatedly violate any provision of this code or Town ordinance and who have demonstrated an unwillingness to comply with this Section 1-8-3. Any violation of this chapter, whether initially deemed civil or criminal in nature, which is committed by a person deemed a recidivist as set forth in sSubsection 1-8-3(FE)(2) below, may be deemed a misdemeanor and may be addressed as set forth in sSubsection 1-8-2(A) above. 2. A person or entity may be deemed a "recidivist" if such person or entity has been issued a notice of violation and/or civil citation, and/or criminal charges filed over two times within the last one-year period relating to violations of the same provisions of this code. 3. To address frequently occurring violations on recidivist parties or entities, the Town Manager or authorized designee may initiate noncomplaint based inspections/code enforcement on recidivist parties or entities after case resolution to check for a recurrence of the same violation(s). 43. Cases for which the persons or entities involved have been designated a recidivist shall be submitted to the Town Prosecutor for further action consistent with this chapter. F. THE TOWN MANAGER OR AUTHORIZED DESIGNEE MAY INITIATE NONCOMPLAINT BASED INSPECTIONS/CODE ENFORCEMENT AS REASONABLY NECESSARY TO PROTECT THE PUBLIC FROM HAZARDS TO HEALTH OR SAFETY AS OTHERWISE PROVIDED BY LAW OR UPON ON RECIDIVIST PARTIES OR ENTITIES AFTER CASE RESOLUTION TO CHECK FOR A RECURRENCE OF THE SAME VIOLATION(S). G. The penalties set forth in this aection SECTION shall be in addition to any penalty, fine, fee assessment or surcharge that may be assessed pursuant to state law. Section 2. In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws of the State of Arizona, the City/Town Council has considered the individual property rights and personal liberties of the residents of the City/Town and the probable impact of the proposed ordinance on the cost to construct housing for sale or rent before adopting this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 17TH day of September, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Angela Padgett-Espiritu, Acting Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney ITEM 9. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving Amendment # 1 to Professional Services Agreement 2023-070 with Top Leaf Tree Services, LLC Staff Summary (Background) The Town relies on various consultants and contractors to support the various landscape maintenance needs of all departments. Specifically, the Public Works Department manages the upkeep of 38 acres of medians and the Town Hall Campus, while the Community Services Department is responsible for five parks and two trailheads, totaling over 125 acres. Recent wind and rainstorms have inflicted significant damage on trees within these areas. The severe impact on mature trees necessitates additional pruning and removal to address safety concerns and prevent potential hazards. Proper care and management of weakened, dead, or dying branches is necessary to mitigate significant safety risks, with potential consequences including property damage and personal injury. To proactively and responsibly manage these risks and ensure comprehensive tree maintenance, an increase in funding is necessary. On March 7, 2023, the Town Council approved a Professional Services Agreement with Top Leaf Tree Services, LLC, for an annual amount of $100,000. This agreement covers standard tree maintenance for all departments. Due to the extensive damage from recent storms, the scope of work required for tree maintenance has increased beyond the original budget. Staff is requesting an additional $50,000 to be added to the existing annual contract with Top Leaf Tree Services, LLC, bringing the total annual amount to $150,000. This increase will cover the additional maintenance required to address the storm damage and ensure ongoing safety and upkeep of the Town's trees.   Related Ordinance, Policy or Guiding Principle Public Works Mission Statement.   Risk Analysis It is prudent for the Town staff to proactively identify and prevent risks and damage. When weak, dead, or dying branches are left on damaged trees, there is always a heightened risk of unexpected breakage.  The loss of large limbs has the potential to cause vehicular and property damage accidents which may result in claims against the town. Adhering to best pruning practices will help eliminate this risk and allow for stronger and healthier trees overall.   Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the increase of $50,000 to the existing Professional Services Agreement with Top Leaf Tree Services, LLC,  SUGGESTED MOTION MOVE to approve amendment #1 to Professional Services Agreement 2023-070 with Top Leaf Tree Services LLC, for Professional tree services in the amount of $150,000, annually. Fiscal Impact Fiscal Impact:$150,000-650,000 Budget Reference:N/A Funding Source:N/A If Multiple Funds utilized, list here:Public works fund, Community Services Budgeted: if No, attach Budget Adjustment Form:N/A Attachments PROFESSIONAL SERVICES AGREEMENT  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 08/29/2024 04:49 PM Town Attorney Aaron D. Arnson 09/03/2024 08:08 AM Town Manager Rachael Goodwin 09/10/2024 07:45 AM Form Started By: Justin Weldy Started On: 08/21/2024 07:24 AM Final Approval Date: 09/10/2024  1 Contract No. 2023-070.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND TOP LEAF TREE SERVICE LLC THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “First Amendment”) is entered upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Top Leaf Tree Service, LLC, an Arizona limited liability company (the “Consultant”). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement (the “Agreement”), dated March 8, 2023, for the Consultant to provide call tree trimming, tree removal, stump removal, pruning, and immediate/emergency services for the Town (the “Services”). All capitalized terms not otherwise defined in this First Amendment have the same meanings as contained in the Agreement. B. The Town has determined that it is necessary to increase the amount of the contract. C. The Town and the Consultant desire to enter this First Amendment to (i) amend the Agreement to provide for compensation to the Consultant for the Services and (ii) establish an annual amount the Agreement shall not exceed. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 1. Compensation. The Town shall pay Consultant an aggregate amount not to exceed $650,000 for the Services, resulting in an increase of $150,000. The amount per term shall not exceed $150,000 in any case unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and conditions of the Agreement shall remain in full force and effect. 2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 2 3. Non-Default. By executing this First Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 4. China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees and certifies that it does not currently, and agrees for the duration of this Agreement that Vendor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Vendor also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents from any claims or causes of action relating to the Town’s action based upon reliance upon this representation, including the payment of all costs and attorney fees incurred by the Town in defending such as action. 5. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES]